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  • ashatara78
    03-10 04:38 PM
    The EB immigration system was fine before then; thus, the problem is supply/demand, not the immigration policies.

    I have no comments about comparison of family vs EB but the EB immigration system was not find before then. I have friends who were in this system in the late 1980s, early 1990s and had huge problems - had to wait a long time, could not switch jobs, could not visit back home for sibling's weddings etc.

    It was probably fine during the Clinton administration for a few years 1996-1999 but I only know of a few cases, not many.





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  • amitjoey
    07-05 02:00 PM
    Thanks a lot.
    Please ask this sincere question to yourself, Are you the one that takes and takes and dosent give in return?. (Hopefully not). Now, If you have benefitted any way because of this forum, getting answers, getting insights, then dont you think that it is your turn to give back a little, Please contribute.





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  • drirshad
    07-04 09:35 PM
    immigration-law.com

    07/04/2007: Status and Issues Involving July 2007 485 Fiasco

    * The AILF work on the lawsuit appears to be in progress without any hurdles. It has reported that enough candidates have come forward to participate in the lawsuit as the plaintiffs and it does not need any more candidates to move forward for the lawsuit. Some of other people are likely to be covered as members of the class action regardless of their actual participation in the lawsuit. People should send "THANK YOU" to the AILF Legal Action Center leaders and the attorneys who are actually working on this case. Some contribution to the AILF may be more than appropriate. Please visit the AILF site to learn how they can send in contribution.

    #
    # We have been asked by the readers to report the alleged conspiracy theory. We declined to do it. However, people may want to know potential issues that should be answered and explored. We will discuss these issues on following hypotehtical premises:

    * Presumption of Facts: (1) The I-485 applications have been experiencing a tremendous backlog lately. (2) The causes for the backlog have been known to be delays in the security checks. Some of these applicants have sought a relief in federal courts in the form of mandamus actions. (3) Allegedly, the USCIS pull together local and Service Center employees and pull out pending I-485 cases which were older than six months in backlog, working overtime and during the weekend right before July 1, 2007. This is an assumption at this point. (4) As evidenced by the revised Visa Bulletin, apparently these employees contacted "en mass" the DOS to request the visa numbers for these pending I-485 cases, which the DOS reported in the release of the revised VB turned out exceeding 60,000. (5) The rule requires that the USCIS approves I-485 cases "prior to" to contacting and requesting a visa number. (6) The current USCIS policy and procedure also require that I-485 applications be adjudicated and approved "only after" the completion of clearance of the security checks.

    * Issue I: Hypothetically, what happens if the USCIS takes out the visa number before they obtain the security clearace?
    o Answer I: Obviously it would violate the rules and the laws.
    o Answer II: It will constitue a serious security lapse, compromising the homeland security.
    * Issue II: Hypothetically, what hppens if the USCIS requests and takes out the visa numbers prior to adjudication and approval of the pending I-485 applications?
    o Answer I: It is evident that the USCIS would violate the rules and the laws.
    o Answer II: There could be two probable consequences affecting the backlog I-485 applicants and the new July Visa Bulletin eligible I-485 applicants, shoud the hypothetical facts develop. (1) The backlog I-485 applicants who have been issued I-485 approval notices should not be affected by the fiasco, albeit the potential revocation of the I-485 approvals. In most cases, revocation of the approved I-485 requires the time-consuming immigration court proceedings, assuming that the USCIS has a sufficient cause of action which may be questionable in this case. (2) The backlog I-485 applicants who have yet to receive the approval notice and the USCIS has yet to adjudicate and approve the application might be vulnerable in that the USCIS might be required to return the visa numbers for these cases as there was an error. Hypothetically, these numbers could be returned to the State Department and based on these returned number, the State Department might be required to revise the July Visa Bulletin again.





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  • reddy_h
    08-15 02:41 PM
    I don't think anybody would be interested in Sep visa bulletin as everything is expected to be 'U' for EB categories. The Oct bulletin would be more interesting. There are some predictions already that it would be similar to visa bulletin for Jan 2007.



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  • ItIsNotFunny
    04-04 09:22 AM
    I think this Bill will die like 2006 SKIL bill.


    I don't think so. Here is my view:

    I believe GC issue is root cause of the problem. Because people can not get GC for 6-7 years, employers (body-shoppers in real words) wants only H1 holder as they will work as slaves with them for years due to GC. This encourages them only to take H1B holders and not GC holders or citizens on payroll.

    If government removes retrogression, immediately 80% of the body-shoppers (blood suckers in real words) have to close their shops and H1 quota will be available to all.

    Common sense is not common.





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  • ASR
    06-06 05:13 PM
    Mine is so similar to yours !! Jan 27 instead of Jan 29 and July 2 instead of Jul 13. VA instead of OH. Hope mine will get cleared soon. But God only knows when. :)

    Mine is similar to you case, PD- Jan 23 2004, RD July 23 2007, ND Aug 24 2008

    Do feel they go by processing times striclty?



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  • nojoke
    02-27 09:11 PM
    I am tired of listening to depressing economic news and beating dead horse on this forum. I know you are also tired, but trust me this doesn't help anyone. I can say this because I come from area dependent on free-falling auto-industry ... yeah I am from Detroit.

    Times may be tough, but we are making tougher for ourselves by re-hashing these bleak developments. Remember misery attracts misery!

    Easy solution - Please don't be forced to read them.
    misery didn't attrach misery -housing bubble attracts misery.





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  • senthil1
    08-15 06:28 PM
    I think after next October PD will be 2005 or later for EB2 and 2002 or later for EB3. The argument of taking 10 years for EB3 is just speculation and that much worse situation will never happen unless if they increase H1b numbers so much. Even after increasing H1b for US MS degree holders EB2 situation was not worst. Still I think less than 20% of H1b persons are applying GC. Reason is Top 4 Indian companies and some american consulting companies are not processing gc.

    Unfortunately, China and ROW EB2 are 2 and 3 years ahead of INDIA EB2!!!
    Hopefully, INDIA EB2 and EB3 moves forward in OCT with new allocation.

    The DOS method of PIECE MEAL ALLOCATION NEEDS TO CHANGE!!



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  • Macaca
    01-26 08:29 AM
    Finally, I understood the purpose of this forum. No, the title is not wrong.

    I understand that you are

    1. explaining retrogression, and
    2. predicting time it will take a person to get GC.

    The above are based on
    1. applications with USCIS, and
    2. USCIS policy to approve GC.

    If this is true, it is the first good idea I have seen here. Alisa for president! (Arnold, California Gov, is working on changing rules for naturalized citizens).

    I have the following suggestions. I will help after I read everything. Give me some time.

    1. Indians are over-represented in IV. Consider the case of a country that is doing better and mention countries that are worst.

    2. Write a short paragraph that goes in IV email sales pitch. This has a URL to this complete report.

    3. This complete report has URL to USCIS data.

    4. We work on similar report (with URLs) on lobbying effort and funding level of anti-immigration organizations.

    USCIS numbers and rules are not the only factors against us. The anti-immigrants are a much bigger factor.

    5. IV email sales pitch has a para with URL on
    a. explaining retrogression (this report).
    b. lobbying effort and funding level of opponents (next report).
    c. IV's experience with legislation.
    d. BEGing for contributions.

    6. KISS principle baby: Keep It Simple, Stupid. Too much gymnastics in IV writeups.





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  • div_bell_2003
    05-27 07:06 PM
    During our 485 filing the lawyers had informed us that making exact size color copies of any official documents (including DL) is illegal. They had asked me to increase/decrease the size by 20-25% which is perfectly legal.



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  • fide_champ
    04-09 08:33 AM
    It's sad that such a thing happened if it ever happened. The POE officer definitely is going out of his jurisdiction to deny entry to the H1B person. Personally i never had any issues while entering US from Newark,NJ POE. The last time i entered the only question he asked me was "who makes more money, you or your wife" and the officer was very friendly and cracked some jokes as well.

    So i have to question the validity of such news if it's coming from a third-party.





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  • chintu25
    09-10 11:01 AM
    Recess till 1 . 00



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  • minimalist
    10-20 11:47 AM
    Just like how you blindly think green card is the only thing that matters in this world. McCain lies, runs slimy sleazy adds that tell what kind of person he is. He doesn't have the depth of knowledge that Obama has nor does he have moral values. Time for you to wake up. Go Obama He doesn't compare with Mccain on any of the issues except being able to talk. He spends more money running negative ads than Mccain. Then he says, john, 100% of your ads are negative where as only 50% of mine are negative. Which is true but if you dig further Mccain is spending 1bout 50Mil on negative ads where as Obama is spending 80Mil. Though he is correct in his percentages statement,is he really correct?

    Any time any question is raised , call them slimy is another strategy of Obama. He did it with Clintons and he is doing with Mccain.





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  • qasleuth
    05-26 05:50 PM
    Clearly dude, you have no idea what you are talking about. we are not talking about a situation like what to do if a thug holds you at gunpoint and asked for money. we talking about a Govt rule or law. it's about what is right and what is wrong. The officer could throw a bad word at you like "i am pretty sure you are terrorist" which would be in our favor. worst case he would shoot me, but chances of that happening are next to zero.

    I want to remain silent, raise suspicion, make them scramble to find out who i am, make them feel like working hard only to find out that I have made a fool of them. That's the only way they would realize how stupid the rule is.

    Just imagin that Sunday 1000 people had remained silent, they would have to call to their superiors for more officers, more cars, more laptops, documents, more running around, etc. That would have become an issue in the state senate where the budget is already tight, they are fighting for pennies and the nonsense border patrol has spent millions in a day to find NOTHING (because ALL illegals had escapped by saying one word "CITIZEN").

    BUT... it needs guts to do that, not sure if you fall in that category.


    It has nothing to do with guts but common sense. When a police officer asks for your driving license and registration, would you be silent or even ask for an attorney quoting your rights ? The law clearly states (read my previous post on this thread), within 100 miles of International border, border patrol officer can ask for your immigration status, if you say you are not a citizen (see Desi3933's post as to what can happen if you say you are a citizen when you are not). If you refuse to produce proof, you can be arrested, plain and simple.



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  • karthkc
    07-14 06:27 PM
    I filed for 485 during July 2007. My 140 was already approved. Due to some problems I quit my employer in August 2007. My previous employer was a desi blood sucker. I was fed up & decided to quit after working for him for 3 years. I applied for H1 transfer with a new employer based on approved 140. I got H1 approval for another 3 years. Currently I am working for the new H1 sponsoring employer. I also received an EAD card based on pending 485 for one year. I didnt notify USICS of job change in July.

    I applied for EAD extension this year. The application for EAD extension is pending. I got a following RFE on my 485:
    Please state whether or not you are currently working for your I-140 petitioner.
    You must submit a currently dated letter from you permanent employer, describing your present job duties & position in the organization, your proferred position (if different from your current one), the date you began employement & the offered salary & wage. The letter must also indicate whether the terms & conditions of your employement based visa petition (or labor certification) continue to exist.

    I am not in good terms with my previous employer so I cant ask him for a letter. I can ask my new employer for such a letter.
    Will USCIS come to know I quite Employer A before completing 180 days?
    Also is it possible that 140 was revoked by my previous employer?
    What document should I send to USCIS now?

    Nowhere in this post, do I see the fact that the OP used AC21 when he moved in August 2007.

    Does not AC21 come in when you have used EAD to move instead of a H1 transfer?

    In my understanding, by doing a H1 transfer rather than invoking AC21, the OP preserved the status of the original petition unless the employer revoked the I140 for fraud. If that's the case, shouldn't the RFE be worded differently?

    If that's not the case, all the OP has to do is craft a response to the RFE with an Employment Verification Letter from his current employer attesting to the similar nature of job etc.. and move forward.

    Either way, an attorney would be the safest bet..





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  • guyfromsg
    07-16 09:52 PM
    We all know that people on H1 status pay federal,state and social security tax. So I checked IRS site and searched for H1B. They have couple of links that shows H1b should pay tax. My point is everyone knows IRS and they know how much they go after people who are not paying taxes. If we can point to IRS which itself states by way examples that H1B should pay tax then at least the fence sitters will not jump on their side. I doubt if hardcore NumberUSA supporter will believe this anyway but we need turn the fence sitters around which may be the majority.

    Here is the first one:


    I have an H-1B Visa and my husband has an F-1 Visa. We both lived in the United States all of last year and had income. What kind of form should we file? Do we file separate returns or a joint return?

    Assuming both of you had these visas for all of last year, you are a resident alien. Your husband is a nonresident alien if he has not been in the United States as a student for more than 5 years. You and your husband can file a joint tax return on Form 1040, 1040A, or 1040EZ if he makes the choice to be treated as a resident for the entire year. See Nonresident Spouse Treated as a Resident in chapter 1. If your husband does not make this choice, you must file a separate return on Form 1040 or Form 1040A. Your husband must file Form 1040NR or 1040NR-EZ.

    Here is an example where they use person on H1b as an example. I'm giving the link as the explanation is long. Just look at example 10

    http://www.irs.gov/businesses/small/international/article/0,,id=129428,00.html

    Example 8.

    Mr. Gerhard Schwarz was a citizen and resident of Germany just prior to his arrival in the United States. He arrived in the United States on 08-15-99 as a professor of physics on an H-1b visa. He intends to remain in the United States for two academic years, and does not intend to change his immigration status during that period before returning home. Determine his residency starting date.

    What kind of federal income tax returns will he file for 1999 and 2000?



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  • NKR
    03-16 09:25 PM
    i just don't see what the fuss is about. people from india usually waited 5-6 years for a GC historically, and it's about the same, give or take one year, even now. so i don't see why 4 years of wait after i-485 is being made out to be such a big deal only NOW.......????

    It's like asking Martin Luther King a few decades ago "Slavery has been there for centuries, why do you need equality now?". Your tone is exactly like that. It's just an analogy, we have definitely not suffered as much, but I am just trying to tell you that a wrong should not be prolonged, it needs to be corrected.





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  • frostrated
    06-11 04:02 PM
    Why are Harkin and Sanders supporting this bill. They are both children of immigrants. They need to understand the struggle their parents went through.





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  • jsb
    08-11 09:21 AM
    We need our messiah VLDRAO...
    He s the MANNNN...
    he predicted July 2007 fiasco and then he was the guy who fought for us...
    VLDRAOOO where are you...
    Please make dates current for everybody...

    Making dates current for everybody will benefit new members (those could not file in July/Aug 07). For you with Nov 04 PD in EB2, and others waiting with I-485 filed, it will create a chaos. USCIS folks will get green to pick any file at random and issue GC's, then we all be unhappy.

    They should move cutoff dates in an orderly manner without retrogressing them in the future. Retrogression pains more than no or little cutoff date movement.





    greyhair
    06-20 09:40 AM
    My friend I have seen many things in my 45 years life. But never have I seen as much bullshit in one post. If you are so smart that your invention could lose $3 billion in a quarter, why are you unemployed for last 1 yr? If you don�t have a job it has got to be someone else�s fault, right? This is not a new trend. While you are ok to work in a company started by an immigrant or in a technology created by an immigrant, you find it morally wrong for immigrants to compete with you, right? As if immigrants should be denied to right to compete with �real Americans�. And this �real American� thing is so full of it. You are real American because your forefathers came here in 1700? But weren�t your forefathers ILLEGALLS when they came here uninvited? In a fair competition environment you are not going to get any edge over others just because someone has lived here for 5 generations.

    None of us came here uninvited. For last 16 years I am here LEGALLY at the invitation of my employer - an American enterprise which makes and keeps America great. Your �real American� thing is so bullshit because everyone loves to claim that they are only �real Americans� and rest everyone is fake. I find your portrayal reprehensible that only you are on the side of �America� and you competition is �evil and against all Americans�. This is not only stupid, but plain dumb.

    Simple fact is this, you cannot compete with your competition and for that reason you have to throw out this bull crap about �real American�, �illegal�, �Chinaman�, �Hitler� etc., did I miss something? Hear me out because this competition is not going to go away with Sander�s amendment or any other human law. Even if I leave, I will take my job with me and I will continue to compete with you. I will beat you again and again at any fair competition, even from the other side of the globe. The reason is, you are not willing to improve, learn and compete. But you can continue to complaint and cry foul. Sander�s amendment will not do iota to get you a job because you have been conditioned to live on unemployment compensation. Best of luck to the self style �real American� because with your attitude you sure need a whole lot of it.



    At what point are all you anti-American morons going to end this. Immigration followed to the letter of the law - YES. But if you came here illegally, are working here illegally, or are for immigration in any other form than that of the letter of the law - I am sorry. But getting to the point of this. If it wasn't for all of this illegal immigration, if it wasn't for countries ESPECIALLY India and China driving the AMERICAN way of life as a race to the bottom instead of a race to the top - we would NOT need this law. See you all have it wrong - we TRUE aAmericans like me who have 5 generations going back to the late 1700's....my forefathers laid the plan - laid their lives down to build this country and I paid my dues to get my GOOD PAYING job in IT that I worked and slaved for 20 years. And to have an immigrant whose country has done nothing but ride the tailcoats of what we Americans have done and claim it as there own. We have a word for it here in the US - theft. And that is what it is - these jobs that we are trying to fight for here have been STOLEN. And yet there are so many of you who just think that is ok - sure who care let them go....if a Hitler type were to rise again and another World War were to come.....this GREAT Country that you declare to love would not be able to defend itself.....because it's fabric....it's backbone has been dismantled my the theft - by the race to the bottom, by whatever you want to call it....it's all but gone - the dream that you think is still there is a puff of smoke my friends...plain and simple. There is not an INDIAN or CHINAMAN that has the background in IT nor the number of US Patents, and inventions that I have given to the companies that I have worked for and for the country I love. Yet one year after being unemployed I still can't find a job and as a book that is about to be released will educate most on you of who I am find this out - I dare you to look carefully and see just how many others like me are being displaced by un-americans and how that knowledge is taking the competitiveness of the US and shipping it overseas. How sad it is. There is a chapter in the book of one of by greatest inventions that has stood for 10 years to protect a certain part of your life....it was never breached -it never failed in 10 years and yet last month, my former boss showed me how almost 3 billion dollars this quater of American wealth was erased because an Indian person now controls that system and doesn't understand what he's doing and even though I could point it out in a 10 minute conversation I won't and I hope that some of you who are saying no to this in a way without understanding it lose your hard earned money.....I certainly have lost more than you can imagine.....all I can say in the end is not God Bless the USA - but God Help Us.....God Help the USA.





    thomachan72
    04-11 10:06 AM
    technical issue....dont know why but cant go to page 5.. this post is just to take me to the 5th page....pls ignore



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