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  • waitnwatch
    08-21 12:33 PM
    Yes, the same law can be interpreted like this:

    EB1-ROW unused visa will go to EB2-ROW
    EB2-ROW unused visa will go to EB3-ROW

    Same for each country.
    But its not happening. What actually is happening that they are giving unused visa from EB1-ROW to EB2-ROW to EB2-I/C. WHY?

    So EB3-ROW is retrogressed bcoz it doesn't get any spillover and hence it affect EB3-I.

    So where is the correct interpretation? Does any body know?

    Don't take me wrong here. I don't favor EB3-ROW or any particular category. I am EB3-I with PD Nov 2002.

    The bottom line is that there should not exist such severe retrogression and that is what all of us should work to remove. But the law is what it is -

    The law makes allotment between categories (EB1, EB2 and EB3) in Sec. 203 of the INA. Section 202 talks about country limit (note the exception clause which provides for the parallel distribution as the country limit becomes invalid if more visas are available in a category than is consumed using per country limitation).

    Excerpt from Section 202 of the INA

    (2) Per country levels for family-sponsored and employment-based immigrants. - Subject to 1a/ paragraphs (3), (4), and (5) the total number of immigrant visas made available to natives of any single foreign state or dependent area under subsections (a) and (b) of section 203 in any fiscal year may not exceed 7 percent (in the case of a single foreign state) or 2 percent (in the case of a dependent area) of the total number of such visas made available under such subsections in that fiscal year.


    (3) Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.





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  • Caliber
    10-07 01:37 PM
    The USCIS calls this efficiency. I wish these folks to be on the receiving end of their own treatment in their next life.

    Dear Alterego,

    What do you think we are? We were INS officers in our past lifes and troubled all these Chinese and Italian immigrants. That is the reason, why we are born to take back what we gave them in past life.





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  • coolpal
    04-24 02:17 PM
    I am in the US for 7 years now, and frankly, I am yet to see a H1B ONLY job posting...
    Hmm... me thinks, I was hibernating in the h1b golden years :(

    pal :)





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  • newuser
    07-11 07:10 AM
    Don't forget to leave a thank you note.

    http://www.washingtonpost.com/wp-dyn/content/article/2007/07/10/AR2007071002055.html?hpid=moreheadlines

    The page does have the picture of the flowers

    Karthik



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  • for_gc
    07-11 03:30 PM
    http://timesofindia.indiatimes.com/Green_card_applicants_practice_Gandhigiri/articleshow/2195080.cms





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  • gc_buddy
    09-15 02:13 PM
    Will call each and everyone of them.



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  • Saralayar
    01-15 10:01 PM
    Till now I do not see any one voted up for this. It is very sad that our own community is not supporting this. If you are not able to search for it in change.gov, give the complete title and see.
    Citizenship if you have lived legally in this Country for 10 years continuously (http://citizensbriefingbook.change.gov/ideas/viewIdea.apexp?id=087800000004wel)

    Guys Vote... Vote ... for us, for our kids....
    VOTE FOR THE GOOD... VOTE IMMEDIATELY......





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  • GC_sufferer
    07-15 09:01 AM
    http://www.sun-sentinel.com/sfl-flbvisa0713nbjul15,0,7270900.story?coll=sofla_tab0 1_layout



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  • rockstart
    08-12 11:38 AM
    Update:

    CPO 8/4
    Decsion 8/5
    Welcome Letter 8/9
    PDA (Post Decision Activity) Text and Online Status change: 8/11

    Soft LUD 8/12 today.





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  • 485Mbe4001
    08-20 03:26 PM
    yes, but july 2007 VB and the subsequent USCIS change related to approving cases with pending namechecks added a significant number awaiting for approval. Then a couple of months back USCIS woke up from slumber or had a shot of 100 proof single malt, re read some law and decided that the overflow allocation should be changed. The result is that there will be next to nothing for EB3 (for that matter EB2 will also have less overflow available) as they clear the backlogs, i doubt anything besides a recapture in the short term and a significant rehaul in the long term will work...i hope i am wrong but EB3 I and C are in for a long wait.


    http://immigrationvoice.org/forum/showpost.php?p=262686&postcount=15

    For last 10 years EB3 took numbers equally from EB2 and EB1. Even when EB2 was retrogressed EB2 numbers where made available to EB3.



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  • pappu
    06-21 02:46 PM
    Thank you very much Canadian_Dream and jonty_11





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  • Ramba
    08-21 12:55 PM
    You are right about members working on understanding the law in this forum and thrashing out arguments to make them fool proof. Instead I find people getting incensed at each other and creating a destructive environment instead of a constructive one.

    As far as immigration lawyers go - they have no incentive to file a lawsuit to get a correct interpretation as they donot stand to gain whatever way the law is interpreted. Also while there definitely are a few smart immigration lawyers- the run of the mill ones are no better than paralegals. I'm not sure I should be saying the above but my experience points to that.

    Yes. No one has bothered to go after DOS for misinterpretting the AC21 rule in allocating immigrant visa. Many people (EB2-India) raised their concern between 2003 and 2006, as DOS is not correctly following the rule and allowed the spillover to go EB3, when EB2 was in high demand particulrly from India. Even IV core did not go after DOS. As you mentioned, lawyers has no incentives. EB3 has enjoed between 2000 to 2006 (from the mercy of DOS). For example in 2006, EB2 got about 25,000 visas abot 20,000 visas (from EB2)has gone to EB3-ROW.



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  • srikondoji
    07-11 11:14 AM
    You must be from another world.
    washingtonpost, nytimes, yahoo etc covered this already.
    Even USCIS has posted a note on its website. Wake up.
    This campaign was a huge success and still giving dividends.

    I don't know what do you mean by success. as far as media coverage is concerned, Fireign media (India, China or elsewhere) doesn't help. It's local media, which can create some usefull awareness. How does awareness in a different country helps?? I don't know why even people talking coverage about foreig media?????

    Sometime back.. I also read some comment talking about involving Indian govt. in this.... Bullshit.. What does a different country's govt has to do with it!!!

    Point is.. don't get too excited for having done nothing... Do something substantial and keep doing.





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  • saimrathi
    07-11 02:13 PM
    Is Arnold Schwarzenegger pro-immigrants? Maybe he can be approached and have him be our spokesperson... Just him, not the party he represents or the post he holds...



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  • Robert Kumar
    04-03 07:27 AM
    Don't know.

    Thanks.
    Can somebody please give us the link of the document that shows how many applied , yearwise.





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  • digital2k
    09-09 04:04 PM
    Admins/ Mods,

    Please send an email from 'admin to registered users'.

    Thank You

    thanks to digital, here's an email template if you need.

    ---------------------


    PLEASE SPREAD THIS MESSAGE AND CALL
    Dear Friends and well wishers,

    Please take a minute and Your call today can help half million people ( Talented, Legal immigrants ) in waiting ...

    BACKGROUND & TALKING POINTS
    HR5882 was sponsored by Congresswoman Lofgren and Congressman Sensenbrenner. This bill recaptures all the unused visa numbers that have been lost since 1992 due to processing delays in Employment based category and Family category. It is estimated that 216000 green cards will be recaptured which would help to eleviate the employment based backlogs.

    Please use the instructions provided below to make the phone calls.
    (1) Call the congressman/woman office and request to speak with the aide who handles Legislative and Immigration matters
    (2) If they are not available leave a VM for them -
    "I would like Representative "Representative Name" to support HR 5882, bill to recapture the green cards lost due to processing and bureaucratic delays. As you may already know that this is a bi-partisan bill with wide bipartisan support in the house and will help improve American competitiveness & reduce the back logs associated with USCIS. This bill is non controversial measures that will help US to stay competitive with a highly educated and skilled work force and address family based backlogs also."

    To All congress-critters:
    In a nutshell, this bill allows USCIS to manage their workflow more effectively, which provides better customer service, and will eventually lead to better turn-around times.

    Pls inform Majority Members Democrats: More people will be able to get their citizenship in reasonable times.
    Member Name DC Phone
    Luis V. Gutierrez (D-IL) 202-225-8203
    Howard L. Berman (D-CA) 202-225-4695
    Maxine Waters (D-CA) 202-225-2201
    Bill Delahunt (D-MA) 202-225-3111
    Keith Ellison (D-MN) 202-225-4755
    Anthony Weiner (D-NY) 202-225-6616

    Please inform Minority Members Republicans: Companies will be able to attract more talent which improves economic performance."
    Member Name DC Phone
    Steve King (R-IA) [Ranking Member] 202-225-4426
    Elton Gallegly (R-CA) 202-225-5811
    Bob Goodlatte (R-VA) 202-225-5431
    Dan Lungren (R-CA) 202-225-5716
    J. Randy Forbes (R-VA) 202-225-6365
    Louie Gohmert (R-TX) 202-225-3035

    (3) As usual Do NOT get into the CIR issue or illegal Immigration. If the aide is confusing with CIR or illegal immigration, just tell them that these are legal immigration bills.
    (4) If the aide asks whether you belong to the district or not, tell them NO if you don't. Mention to them that you already spoke with your representative and would like the congressman/congresswoman support.

    Community of half million will appreciate and bless you for your efforts...
    Thank You
    House Judiciary Committee Members
    Tammy Baldwin (D-Wis.) 202- 225-2906
    Howard L. Berman (D-Calif.) 202-225-4695
    Rick Boucher (D-Va.) 202-225-3861
    Chris Cannon (R-Utah)202- 225-7751
    Steve Chabot (R-Ohio) 202-225-2216
    Howard Coble (R-N.C.) 202-225-3065
    Steve Cohen (D-Tenn.)202- 225-3265
    John Conyers (D-Mich.), Chairman 202-225-5126
    William D. Delahunt (D-Mass.)202- 225-3111
    Keith Ellison (D-Minn.) 202-225-4755
    Tom Feeney (R-Fla.) 202-225-2706
    J. Randy Forbes (R-Va.)202- 225-6365
    Trent Franks (R-Ariz.)202- 225-4576
    Elton Gallegly (R-Calif.)202- 225-5811
    Louie Gohmert (R-Texas) 202-225-3035
    Bob Goodlatte (R-Va.)202- 225-5431
    Luis Gutierrez (D-Ill.)202- 225-8203
    Darrell Issa (R-Calif.)202- 225-3906
    Hank Johnson (D-Ga.) 202-225-1605
    Jim Jordan (R-Ohio) 202-225-2676
    Ric Keller (R-Fla.)202- 225-2176
    Steve King (R-Iowa)202- 225-4426
    Dan Lungren (R-Calif.)202- 225-5716
    Mike Pence (R-Ind.) 202-225-3021
    Adam B. Schiff (D-Calif.)202- 225-4176
    Robert C. Scott (D-Va.) (202) 225-8351
    Brad Sherman (D-Calif.) 202-225-5911
    Lamar S. Smith (R-Texas), Ranking Member 202- 225-4236
    Betty Sutton (D-Ohio) 202-225-3401
    Debbie Wasserman Schultz (D-Fla.) 202-225-7931
    Maxine Waters (D-Calif.) 202-225-2201
    Anthony D. Weiner (D-N.Y.) 202-225-6616
    Robert Wexler (D-Fla.) 202-225-3001

    More info :
    Please take a minute and review the list of Judiciary members http://judiciary.house.gov/about/members.html. If you, your friends, or your
    family have any district-based connection with any of them, please reach out to these members (phone, email, fax, etc), let them know how important it is to get the bill passed this month and urge them to vote YEA on the bill. Constituent interest/support from key individuals, health care providers, recruiters and other organizations is critical at this stage.

    It will be great be to have major support from House Judiciary Committee http://judiciary.house.gov/about/members.html on Wednesday, September 10, 2008. In these economic and crucial times for our country...

    If the HJC successfully passes the measure it will allow the full House to act on HR 5924, giving half million talented legal immigrants a ray of hope for action in 2008. Sure a very good step for USA.

    The House Judiciary Committee intends to markup HR 5924, the Emergency Nursing Supply Relief Act, on Wednesday, September 10. Several other measures will also be marked up, including HR 5882, Congresswoman Lofgren's recapture legislation, HR 6020 (military), and HR 5950 (medical care for immigration detainees).



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  • singhv_1980
    02-04 05:40 PM
    Today 23rd day..and still waiting for PP..
    H1B renewal at New Delhi embassy..

    singhv, are you also waiting for your pp ?? what is your case and status ?

    I am going for visa interview in Feb end. It will be in Delhi consulate. This will be my first stamping. My H1B was approved Oct 06 from Vermont service center. My impression was that it is taking 2 weeks on an average..but you have crossed that time limit. Good Luck Buddy! ..keep us posted...





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  • l1fraud
    06-16 09:38 PM
    OP Do you know how many L1 visa types are there???

    Who said L1 can't be at claient place? Who said L1 can't do programming?
    :mad:

    Don't spit on other community becoz you are loosing some thing...

    L-1A
    L-1B
    Blanket L1s

    L-1A - Managers (lucky ones eligible for EB1), offlate not abused much as L-1A visa petitions are scrutinized well by USCIS (lot of RFEs).

    L-1B - Speciality Skilled ones.. MOST ABUSED category of L visa... petition for these resources would be for a internal tool / custom product and they tell the same during consulate interviews BUT mostly gets deployed to consulting assignments. For Eg. A java programmer would have a petition which talks about a custom product / internal tool where programming language would be java once the visa is stamped these resource would be placed on Java project which has nothing to do with his petition and HENCE THE VIOLATION.

    Blanket L1s - Blanket petition for a large group of resources from a company ... now a days USCIS & consulate doesn't allow these companies to use this category as they found this was one of the most abused category. Once again the process of sending these resources to other projects remains the same once the visa is stamped.

    ALL THE ABOVE VISA categories are banned from either

    1. Working on a client managed project (staff augmentation purpose).
    2. On any technical skilled projects other than the specific internal tools/products mentioned in their petitions (both when client/their own company manages the project).

    PLEASE REFER L1 REFORM ACT OF 2004.

    Approved L1 petition is the final word in deciding what kind of work the resource can do here in US... not outsourcing companies greed.
    Hope your doubt regarding the L1 visa categories is cleared.. I'll give the details of how these outsourcing companies work and how to bust them by reporting to ICE/USCIS in the next post.





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  • GCard_Dream
    07-13 09:34 AM
    I wish I had all the data on his reporting for H1B visas. He always makes it sound like there is unlimited H1B visa available for foreign workers and nothing can be further from the truth.

    I hate to watch his show anymore but I'll from now on just to report the lies and inconsistencies he reports in his program. Let's do a "Expose Lou" campaign. I would love to spend any free time I have on this noble cause.





    FrankZulu
    08-17 07:45 PM
    Got CPO email at 12:15 PM for both Me & Spouse.:)

    I485: NSC
    PD: Feb/6/06
    RD: Jul/5/07
    ND: Sep/12/07

    Pre-adjudicated: Mar/20/09
    Approval Date: Aug 16th
    Approval Email: Aug 17th.





    mhathi
    09-09 11:55 AM
    These people are already co-sponsors. Do not call them.. Call the rest.

    Artur Davis (D-Ala.) 202-225-2665
    Jerrold Nadler (D-N.Y.) 202-225-5635
    Linda Sanchez (D-Calif.) 202-225-6676
    Jim Sensenbrenner (R-Wis.) 202-225-5101
    Melvin L. Watt (D-N.C.)202- 225-1510
    Zoe Lofgren (D-Calif.)202- 225-3072



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