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  • sc3
    09-24 12:21 AM
    so let me understand it, you are saying that you don't agree with something that's why it has got to be wrong. Its not wrong because it is wrong, but its wrong because you don't support it. Is that right? And because you don't support it, it has got to be unfair and that's why its wrong. Isn't that what you just said?

    I did not use to word wrong, so dont try to setup strawman arguments. I used the word unfair. And using the reverse argument that you use. It ain't "right" just become you support it.

    And yes, it is unfair, because it is unfair for all those promised the current system, not because I think it is unfair.





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  • gagbag
    07-11 12:53 PM
    http://www.ilw.com/articles/2007,0710-lee.shtm

    Is Money Behind USCIS Move To Have Department Of State Take Unprecedented Action To "Update" July Visa Chart?
    by Alan Lee, Esq.

    Was the Department of State's unprecedented action on July 2, 2007, issuing an "Update on July Visa Availability" closing off visa availability for the rest of the fiscal year for employment based cases and essentially gutting its July visa bulletin (which opened the employment based categories EB-1 through EB-3 for adjustment of status applications) all about the money with U.S.C.I.S. in the role of culprit? We believe the answer unfortunately is "yes" and reflects U.S.C.I.S.'s desperate desire to grab its huge future fee increase from individuals that it saw slipping through its fingers. U.S.C.I.S. undoubtedly perceived its expected windfall of hundreds of millions of dollars through its outlandish July 30th increase in fees for petitions and applications (average increase 66%) threatened by the July visa chart which would allow many employment based individuals and their families to beat the fee increases. A typical family of four (husband, wife, child aged 16 and the other 12) applying for adjustment of status currently pays $1,605 to U.S.C.I.S. (including I-140 charge). That same family on and after July 30th would pay $4,105, an increase of $2,500, or 255%. If one multiplies those figures by at least 100,000 ( $250 million difference),[1] one can imagine the explosive temper of top U.S.C.I.S. officials when they saw the Visa Office July chart. U.S.C.I.S. has made no bones that it is depending upon the fee increases to fund its proposed systems and structures for the 21st century.

    The Visa Office made it clear through the updating of the visa bulletin that its update was only because of U.S.C.I.S. action using the phrases "The sudden backlog reduction efforts by Citizenship and Immigration Services Offices during the past month....", and "As a result of this unexpected action....." The Visa Office cited these efforts as resulting in the use of almost 60,000 employment numbers. It is also clear that the Visa Office had no wish to defend U.S.C.I.S. when it issued its update on July 2nd. Whether it retains its stance in the future of washing its hands and pointing the finger at U.S.C.I.S. remains to be seen in light of probable Administration pressure to spin the story in a more positive light to the government as this Administration has exhibited a continual attitude of "soaking" immigrants, legal or otherwise ( $25,000+ for a family of four to immigrate under the recent fallen Senate bill ( See our article, "$10,000 Required For Earned Legalization and Adjustment Under the Secure Borders, Employment Opportunity and Immigration Reform Act", http://www.alanleelaw.com/english/articles/a2007-05-26.htm), which figure was modified from the earlier Administration proposal of $82,000+ ( See our article, "Mr. Lee's Comment to March 28, 2007 White House Immigration Reform Proposal - Z Visas", http://www.ilw.com/immigdaily/digest/2007,0403.shtm in "LETTERS" section), the passed amendment to S. 1639 raising H-1B surcharge fees to $5,000 on top of the fraud ($500) and filing ($190) fees, and the rapacious July 30th U.S.C.I.S. fee increase). The author recalls his telephone conversation with Charlie Oppenheim, the chief of immigrant visa control and reporting, Visa Office, in December 2004 concerning the 101,000 "pool numbers", in which Mr. Oppenheim gave no credence to U.S.C.I.S. figures that the agency had cleared over 100,000 cases (including dependents) between April and November. (The exact differential was 115,000 cases, a rate of about 16,400 per month). The author has no knowledge of the exact number of cases that U.S.C.I.S. claimed to close in June for the State Department to announce that almost 60,000 employment numbers were used (employment based immigrant visa numbers are also requested by U.S. consulates and embassies), but notes that the vast majority of employment based cases are with aliens in the States who adjust status here rather than consular processing their cases. If U.S.C.I.S. claimed to clear anywhere in the area of 40,000-50,000 cases last month, that number for one month is difficult if not incredulous to believe, and if true would have involved massive shifts of U.S.C.I.S. personnel from other responsibilities to comb through and adjudicate all files of persons eligible to immigrate through employment, or less than careful consideration of the cases. Hopefully the agency was not in such a desperate state as to cut corners to endanger our national security if it was the latter case.

    The facts and the legality of U.S.C.I.S.'s actions will undoubtedly be the subject of multiple lawsuits. However this turns out, the agency and the Administration will wind up with less respect than before. This Administration needs all the good publicity that it can muster in light of its unpopular Iraq war and recent actions freeing Scooter Libby (not even Paris Hilton avoided imprisonment) and supporting Attorney General Alberto Gonzales and creating further public mistrust of the justice system even after confirmation that he and other White House aides politicized the selection of United States Attorneys. Unless U.S.C.I.S. and the Visa Office can change course, this episode will unfortunately become a black eye to all parties as further facts emerge in the coming days.





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  • indigo10
    04-05 06:27 PM
    Alex, you Rock !!!

    Though your case is weak(in my personal opinion because you seem to have entered US uninvited), A complaint against the employer may unravel some strong cases when the investigation happens.

    This is from my experience:
    Few years ago, some one complained against our employer about back wages and we all benefited from it. Our employer had to pay the wages for the vacations that we took (supposedly paid vacation) which they would not have paid, if the investigation had not occurred.





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  • mhathi
    06-02 07:29 AM
    Since all the reps are from California, Is this only for California members?

    If not, let me know and I will get on the horn as soon as I can (probably not possible today, maybe tomorrow).



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  • bugsbunny
    04-20 06:46 PM
    no one...and i mean no one... should be allowed to use foul language/ make personal attacks period....this is not allowed in most public forums...and it results in short term to long term banning and automatic deletion of posts.





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  • msngroups
    05-25 03:25 PM
    USA depends on H1B visa and all types of visas. Not us. We have options and we can live in home country if we do not have options here. Without these visas USA will not survive.

    Just think if CHINA boycotts exports to USA what will happen here? People cannot eat GUNS and live with GUNS. Computers will not help produce Eatables. Only people can grow vegetables and produce in lands. For that Americans are not ready to go to Farm and Work. So you need Z and all types of VISAs. Of course people choose USA since DOLLAR Is more when converted to home currency. Otherwise what is the use of coming here?

    We are not Beggars. These people here are beggars who are dependent on foreign labor.

    guys and gals,

    Cool down. Remember we are foreigners in this country. We need this country more than they need us ( as they say, graveyards are full of indispensable people!). A country is not considered advanced by the cell phone models people use, but rather than how much food they produce, what is the standard of living, how many noble laureates it produces per year, etc.
    Besides, in my 7-8 years living in this country, first as a student and then as H1 worker, never once have I felt being treated differently because I am a foreigner or look different.
    Now compare that to living in Europe (you will be treated as dirt as soon as you enter airport), it is racist, living in past and full of bureaucracy.

    As for India, mera bharat mahan, but I remember a time when I had to pay bribe on the train ticket counter to get a measly 2nd class sleeper ticket, or just to get a electric connection, would dare not get near a policeman, etc. etc.. The list is long and I suppose I everyone here knows what I am talking about.

    So please ask for your rights but remember you are in their country, nobody forced you to come here, and beggars can't be choosers.



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  • mheggade
    07-18 02:40 PM
    Hi Folks,

    I know that with a deluge of applications, the question I am asking might not be relevent in the current scenario (July filers), but what is the historical EAD processing time? I know they say that USCIS will issue one within 90 days, but does it always take 90 days or is lot lesser?

    I remember when I got EAD during OPT, it took like 30-40 days on average. Does the same hold for the EAD for EB too?

    Appreciate your response. thanks!

    When I applied for my wife who was on L2, it took 14 days.





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  • smartboy75
    10-01 01:36 PM
    Another intresting update...

    I just checked the USCIS website and found out that the approved H1 which has been reopened has a Last Updated date of 09/30/2007....

    09/30/2007 was a Sunday...why is USCIS working on the case on Sunday ???



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  • mhathi
    11-06 02:41 PM
    Your company is not a sample of the entire population. The H1B program is not on-demand program. It is once in an year annual event (because of the demand). US based companies when they get a new project which needs a position, if they cannot hire locally, cannot get H1B worker from overseas when they want. So, in anticipatory mode they have to get some numbers and utilize them and we do lose some H1B visas if they cannot bring them for various reasons.

    Is it fair, may not be. Is it widespread waste, I don't think so.

    Coming to market reality - how many US workers will join a desi consultancy company or India operations based company?

    The intent of the H1B program is not to bring people in the country in "Anticipatory mode" as you put it. The intent of the H1B program had always been for US employers to hire foreign skilled workers "On-Demand" when no american is willing, qualified or able to do the said job. Prior to 1999, the visa cap was 65000/yr WITHOUT the extra master's degree cap we have now, and still visas were never totally used up for any year, certainly not on the first day. It is only after the advent of the IT consulting companies hoarding visas in "anticipation" of future jobs that the problems started. Without any restrictions on this kind of abuse, no amount of H1 visa increase would be sufficient. They are talking of raising visas to 130,000 right? Based on the FY 2008 applications, those visas would be used up in TWO DAYS!

    IMHO, the intent of the H1B program is equally important than just loopholes (or not) in the letter of the law.





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  • mannubhai
    05-26 03:27 PM
    I read through the section 2 of the bill and understand that it targets the areas of FB and EB immigrations. The recapture of visas under the categories are for the individual categories and not just for the FB category.

    I would like to hear from some senior members as well as see the IV analysis and position as was done for the bill from Senators Dick Durbin.



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  • jamesingham
    06-10 01:34 PM
    I called them and sent emails to local reps.

    Got a question though .

    We have these 3 bills in House. Thats fine. But what about Senate. There is only 1 bill in Senate. Should we also persuade some senator to place similar bills there ?





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  • satishku_2000
    05-24 11:57 PM
    Student loans too ......

    http://www.shusterman.com/pdf/senatebill51807.pdf

    Page 298 line 11 section 616.

    I am not surprised if a Senator brings up amendment to fund all these stundent loans by H1 people.

    I am not sure if this bill is ever gonna make it to presidents desk



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  • vikki76
    10-30 08:23 PM
    Thanks Caliguy for all your help.
    I was able to talk to IO in TSC. Very nice IO (male). He really took time to look into my case.
    First he said my case is preadj. , Than he mentioned my I-140 is under EB3 as per computer records.
    I told him, i have the copy of my approved I-140 and it is under EB 2 category. he put me on hold for like 4-5 minutes. Came back and said he has passed on the info to IO looking into my case . He asked me for Receipt,alien # ets. on my I-140 BUT God Darn it, i didint have the document with me at that time. He said, i could call, ad give it to IO . I was so MAD!!!
    After 30 minutes of searching, i found my approved I140 from 2006.
    I called POJ method Less than 2 minutes i spoke to IO ....they dont disclose the name.
    I explained my situation again and gave him all the info .He even asked my contact phone no.
    i gave it to him.
    I dont know , what to do next. Do you think they really pass in the info to IO reviewing the case?
    Should i call on Monday.
    Man! this weekend will be a GRIND!
    I wish , i had the I140 handy.
    So all of you there,
    Learn from my mistake...please have all the documents with you....you never know, what they will ask for.
    Thanks again Caliguy!!!!

    Sorry to hear about your lack of documents. Once I didn't have the receipts # for 140 (well, my lawyer never gave me a copy of 140 approval anyways, thankfully, I had created a case status update after filing in my portfolio, that is how I was able to "save" 140 receipts #'s forever) but , coming back to point, IO just read off the screen that company XXX filed your petition on date XXX and confirmed that there are two 140's.
    Please fax your information to NCSC too as they do take a look at received faxes.





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  • getgreensoon1
    04-16 03:12 PM
    Hi hur11

    Please let me know which category you have applied EB2/ EB3. Below is my qualification

    Degree : B.Com ( 3 years)
    PG : M.C.A (IGNOU - 3 Years)
    Experience - 8 Years in India and 3 years in USA with different employer.

    Thanks in Advance

    -vga

    You should not have gotton H1B visa in the first place, as H1b visas are for professionals and there are many professionals stuggle to get an h1b visas even after engineering degrees. In your case, IGNOU is a shame. Its worse than University of Pheonix. If you get a greencard in EB2, it will be a biggest mockery of the USCIS and department of labor.



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  • indimi
    07-18 12:06 PM
    Hi, I applied my I-485 and I 140 in June 22nd, I did not receive my receipt number yet, but I have a question, that my H-1 is expiring in October, Do I have to apply extention or should I wait for receipt number. Is that possible that I can apply the extention by my own if yes what is the proceedure for that
    Thanks
    Rke





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  • axp817
    03-31 11:49 AM
    It is hard to believe that someone can suddenly change policy internally and not talk about it. In my case the officer id who issued denial is different from the officer id who issued NOID.

    UNITEDNATIONS - for some reason, I think you are trying to spread unnecessary fear with your conspiracy theories. Agreed that USCIS is going tough on consulting companies and that stuff, but "internal policy change" seems to be more of a conspiracy.

    UN probably didn't realize that the officer id. was different. The id. being different is a good thing, it makes the likelihood of the IO not having noticed the old NOID higher.

    I am sure you are under a lot of stress, and I feel your pain, but click on UN's profile and look at his old posts carefully, he knows what he is talking about.

    Again, hope things work out in your favor, keep us posted.



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  • mrdelhiite
    07-10 03:13 PM
    SERVICE CENTERS HOLDING ADJUSTMENT APPLICATIONS
    (Greg Siskind's Blog)

    USCIS service centers are holding adjustment applications filed based on the initial July Visa Bulletin. Some applications received on the first business day were returned, but all applications since then are being held and not returned. One can speculate on the reason, of course. Possibly USCIS is preparing for a loss in litigation. Possibly they are preparing to cave sooner. Let the speculation begin....

    http://blogs.ilw.com/gregsiskind/2007/07/service-centers.html


    Thanks for sharing this.

    -M





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  • sathishav
    04-19 09:28 AM
    Congrats OP. That is real good news. encouragement to all other eb3 folks out there.





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  • anzerraja
    07-19 04:12 PM
    Did it occur to anyone that we are only talking about compensating Aman the $64k he spent already. Imagine if he had made use of that $64k as an investment(let us say a safe investment with minimum returns) of that amount it should have exceeded that $64k value by now.

    The least we can do at this moment is to immediately refund Aman and other core team members the amount they have spent towards the administrative costs of IV. Pappu / Logic Life / Other core team members, please let us know what kind of legal/administrative action is required to get this done.

    We will immediately start a funding drive towards filling in this shortage from the total IV funds. IMHO on the longer run the smaller funds ($10, $20 etc) should not be neglected.

    Let us figure out the required amount and have a new thread started about this. This settlement should be treated with high priority before any other funding drive. Pledging my $200 towards this.

    Yes this is not a typo. This is true. Aman has made more financial sacrifices and time sacrifices than anyone else. Not a single penny has been reimbursed to him for his trips to DC, food and stay in DC or car rental in DC. He even risked his job and went to DC on unpaid leave at critical times because lobbying was important for getting our work done. We in the core team know this and when we see the kind of contributions we get from members, we feel disappointed that our efforts are not valued. When we started the $20 contributions people felt $20 was too high and wanted $10 per month or less. The kind of work and effort that is needed to push a single provision is phenomenal and needs lot of capital. The more the better. Sometimes reading posts that say IV core is selfish also disappoints us. People do not know the effort that goes in getting anything done. This website is simply a tool for us to communicate to everyone. The big effort is the lobbying work. We hope the Buisnessweek article helps people realize our hard work and people value it by contributing to it and helping us in all action items.[/QUOTE]





    kate123
    03-10 05:37 PM
    Why ??

    For EB2 and EB3 dates never crossed july 2007 after July fiasco...
    and in your analsis during 2008 you mentioned 20K for EB2 and 5k for Eb3, which is impossible to happen... does that make sense?





    visa_reval
    04-08 02:35 PM
    Received soft luds for wife and son on the 3rd, 4th and 6th of this month. No lud for my app. wonder what's going on.



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