Saturday, June 18, 2011

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  • 24fps
    02-19 07:42 AM
    this bill will never pass at-least in the next 2 years! i can give you a guarantee on that!

    these are just bills that the politicians introduce to showcase their views , there are already a few bills in the house that would eliminate extended family immigration etc, never gonna happen

    no immigration bill is going to pass before 2010 ,and even after that it'll fall into election time
    and become a political issue like in 2007

    if there was no recession there would surely have been a serious immigration bill doing the rounds and would have pretty much cleared through ( after GOP figuring out that their screw up on CIR 2007 cost them the elections) but now with the F**K**D Recession everythings gone down the drain

    Bad luck Bad timing

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  • eb2_immigrant
    03-09 02:34 PM
    No change for EB2-I.


    During the past year, many preference categories have experienced steady and sometimes rapid cut-off date movement. Such action is normally followed by an increase in applicant demand. Heavy applicant demand for numbers in some categories could require cut-off date movements to slow, stop, or even retrogress at some point during the remainder of FY in order to hold visa use within the applicable annual numerical limits. Should such action occur, it would most likely be only temporary in nature, pending the start of the new fiscal year in October.

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  • amitgeorge
    03-13 11:17 PM
    by far the best battle i have seen in recent times

    great work

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  • mygc2006
    10-16 02:45 PM
    PD is Aug 2002 / EB3 India / I 140 Approved / 485 Pending


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  • ashkam
    01-30 02:54 PM
    So, basically anyone laid off on I485 pending without a job is accumulating "out of status" days.That's your opinion?

    If you are I-485 pending, you are not out of status regardless of whether you have a job or not.

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  • pa_arora
    10-20 01:20 PM


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  • a_yaja
    04-06 09:32 PM
    well if the employer is not supporting you ..then maybe the IO does have the authority to refuse ?? (well assuming that these cases are correct ..then I guess we can assume that IO has recd instructions from his superiors) it is good to hear from Pappu that IV is ready to take up this issue ...but till someone comes foward ..can IV focus on other issues like recapture, removal of country limits etc (there is no shortage of issues where focus is needed)

    To be denied entry, the visitor has to go through secondary inspection. That is the process. The CBP officer at the primary inspection does not have the authority to send some one home. Look at this link from Syracuse University that details this process:

    Quotes from this page:
    In a procedure known as Primary Inspections, the officers interview people appearing before them and check their documents. In addition, the documents are scanned into a computer to detect past immigration violations, criminal problems, and national security concerns. The entire process is very brief, averaging less than one minute per person to keep up with the crush of arriving travelers.

    In Secondary, a new set of Inspectors have additional time and latitude to investigate whether a person's papers � and their reasons for coming to the U.S. � are legitimate and legal.

    So whoever said that the CBP officer at the primary inspection called up employer and asked the employer if they cannot find US citizens is not telling the truth. Probably the guy started the rumor :D.

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  • 485InDreams
    09-26 10:09 AM
    Mail them a simple clean mail...Also, lets don't give publicity about Anti-Immigrants to CNN guys...


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  • vin13
    11-10 11:07 PM

    I have been watching and participating in this drama for a long time....

    We must go to court for the correct interpretation and enforcement of UNUSED VISA from ROW / undersubscribed catagories. THERE IS NO CASE FOR EVEN WAITING FOR ONE QUARTER. 20,000 VISA are available unused at a given time, they should ALL be immediately allocated to the guys in the Q.

    This will benefit all EB 2 / EB 3

    We really should not have any debate about loosing the case etc... Let us try and loose the case... At least , we will have the satisfaction of trying...

    If your are with me please respond to this thread

    We MUST take the advantage of low VISA usage in this recession and cut the line by tens of thousand

    Seriously guys,
    We worked on putting a draft letter to address quarterly spillover just yesterday. We even planned for a conference call. We ended up with just two of us. The draft letter is still out there in Donor forum:Quarterly spillover

    There is more talk than people wanting to really do something. We cannot get people to attend a conference call. How can we expect to mobilize to go to court?

    Here is the draft. See if some of you can use it to fight the cause.
    Dear Mr. Charles Oppenheim,
    First of all we would like to congratulate the administration for taking the right steps by changing the USCIS website and making detailed information available to the applicants. We would like to also thank the administration for proactively working on I485 cases and pre-adjudicating them.
    We are writing to get clarification regarding the law that control the unused VISA numbers falling across to other countries here after referred as �Spill-over� process. Looking at the VISA date movement over previous few years in last calendar quarter made us believe that Spill-over followed by USCIS is yearly and not quarterly.
    The law being referred as defined in Immigration and Nationality Act: Section ACT 202 - Numerical Limitation to any single foreign state under Sec. 202. [8 U.S.C. 1152]
    (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.
    (A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
    (B) LIMITING FALL ACROSS FOR CERTAIN COUNTRIES SUBJECT TO SUBSECTION (e)- In the case of a foreign state or dependent area to which subsection (e) applies, if the total number of visas issued under section 203(b) exceeds the maximum number of visas that may be made available to immigrants of the state or area under section 203(b)consistent with subsection (e) (determined without regard to this paragraph),in applying subsection (e) all visas shall be deemed to have been required for the classes of aliens specified in section 203(b).
    Our interpretation of the Section 202(a)(5) of the Immigration and Nationality Act states that if total demand will be insufficient to use all available numbers in a particular Employment preference category in a *calendar quarter*, then the unused numbers may be made available without regard to the annual �per-country� limit. We feel that *quarterly Spill-over helps* both the administration as well as applicants.
    Quarterly Spill-over will benefit administration by:
    1) Steady VISA movement will increase visibility for the administration in turn will help administration to forecast forward movement of VISA dates.
    2) Spill-over when issued quarterly, effectively reduces/minimizes chances of visas wastages as the burden is not pushed at the end of fiscal year.
    3) Balanced workload for the immigration officers and card issue helping USCIS to better manage efficiently, as Spill-over is divided in 4 quarters, rather only in last quarter.
    4) Spill-over when issued quarterly means saving administrative effort, time and money in processing EAD, Advance parole applications for the petitioners who may get GCs as much as 9 months earlier and who are near Approval dates.
    5) Effective forward movement of VISA dates will give opportunity for potential applicants to file I-485 earlier, which in turn will bring steady new workload to administration.
    Quarterly Spill-over will benefit Applicants by:
    1) Existing applicants potentially will be able to get their permanent residencies 6-8 months in advance.
    2) New petitioners will be able to file their I-485, EAD and AP sooner due to Forward movement in VISA dates.
    3) Streamlined VISA movement helps retrogressed Applicants effectively estimate their approval dates to plan their future appropriately.
    As explained above by following quarterly Spill-over process as defined by law will be WIN-WIN for administration and applicants. We would appreciate your kind clarification/action on implementation of this existing rule. Thanks,

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  • jcgc
    02-21 10:43 AM
    C'mon be realistic.

    Exactly...If everyone registers, then we wouldnt need to estimate any ratios. Would we?

    Also even when people do register their case on this site, not many register their dependents cases.

    in FY08 we know for sure that EB2 Inida quota has been consumed. That gives a definite number of approvals to use for estimation. When i estimate that represents 6.75% of these cases (all cases upto Dec03), this ratio is a reasonable estimate of all the people who do not register.


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  • bank_king2003
    02-09 10:32 AM
    I am tempted to think the same way ... although I am not sure.

    By the way .... I don't understand the difference between unused and wasted. If I am not wrong, waste happens when a) visa number is issued and is never used in a fiscal year. b) visa numbers are available but USCIS isn't able to produce enough demand.

    i guess he is talking about your case a)...

    although it might be his own opinion which could be wrong but seems from his forums he does tell you valid points time to time....

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  • gcphul
    04-09 12:05 AM
    I got 9thh year visa Stamped in chennai in jan with no issus it was smooth.I returned to JFK in Mid Feb. IO just asked one question abt my job role.Thats it i am done.But for my wife he took finger prints. Database showing someone else name and Pic. He asked to go the seperate room. IO was re checking again in computer my wife name and pic showing passport and pic came on the computer. I asked IO that something officer he just said Finger prints mis-mathing and he said its not big deal, wait few more minutes I let u go. After few minutes 2 IO's discussed something which I couldnt hear, they said to u can go. I was scared little bit. It was smooth.


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  • gc28262
    12-20 07:18 PM
    Your first paragraph is wrong. If you are not working, then you are out of status. Regardless of whether your employer formally terminated employment and formally cancelled your H1B. Out of status means staying in USA legally, but not doing what you are supposed to be doing. If you dont attend classes and go to college when on student visa, you are out of status even though you are legally present.

    I am not convinced about this part. Do you have any link to some USCIS rule/document regarding this ?
    As per my understanding H1B employee becomes "out of status" when the employer-employee relationship cease to exist ( laid off )

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  • GooblyWoobly
    01-16 06:09 PM
    See buddy, there are some people who will cry whatever scenario they are in, and some people who will laugh and be happy in whatever scenario they are in. The key to optimism and happy life is to find someone who has it worse, and realize how fortunate you are. At least you are not having to live in the slums of India. At least you are not having your daughter breathe the polluted air of an Indian metro. At least you have a healthy family and no medical emergencies to worry about. Enjoy what you have got, not crib about what you've got.


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  • EB3_SEP04
    05-26 05:46 PM
    When I was working in Kuwait, me and every one carry Civil ID, all the time in the wallet. If some one don't have, the police will take him to the station ....

    I am glad you are not in Kuwait anymore :) and I am also glad I am not in India anymore... No offense there...just want to underscore how much i love civil liberties, freedom and basic human rights.

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  • gcisadawg
    03-09 06:40 PM
    I am tired of words "Something is Cooking". All I care now is cooked food - whatever is cooking.

    u bet! :D


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  • alex99
    07-07 06:02 PM
    What is your EB3-India PD (I-485 either pending, or not yet filed)

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  • pointlesswait
    11-17 03:49 PM
    why cant they spell out the damn rule.. instead of leaving it out for speculations...


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  • Jaime
    09-10 04:32 PM
    We love the U.S. We won't allow bad immigration policy to continue to hurt our country with a self-inflicted Reverse Brain Drain. Already 100,000 of us highly-skilled immigrants have left in frustration! We won't allow this to continue!!! We are going to stop this madness, AND IT ALL STARTS IN WASHINGTON ON THE 18th!!!! This is not only for ourselves, we are doing this for America!!!!!!!!!!!!

    05-23 05:56 PM
    Why we dont like gultis ? - eCharcha.Com (

    This link might help you understand the different definitions.

    get out of your stereotyped moronic attitude.

    If Indians cannot respect fellow Indians, how do you expect to be respected by others in this country??

    04-23 03:44 PM
    Are you one of the guys who considered going to France as you cannot go to school Full time?


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