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  • varshadas
    11-29 03:41 PM
    My PD is Oct 2002 - EB3.
    140 cleared.

    I can be reached at varshadas@hotmail.com

    We need to have a conference call between us and then go and meet whoever we have to.

    We have to be very clear on what we have to talk about and must bring the issues to light in a way that will have a lasting effect on the listener.





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  • Legal
    07-13 11:03 AM
    srkamath
    1. Pull out cases based on PD, review then approve/deny/RFE

    Mnay July 07 filers have reported LUDs and RFE on their 485 this past year when their priority dates were not current. This means all the files that were received in or before July 27th 2007 at NSC have already been reviewed.





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  • forever_waiting
    02-16 04:03 PM
    Completely understand.
    On a related note, as pappu pointed out on another thread, it would be really nice if senior members, in general, who have got GCs in the past years continue to stay involved since their past advocacy experience is greatly valuable. Several such senior members have continued to stay involved but some have taken a back seat after "getting greened". Ideally, it should be the opposite - shouldnt getting a GC inspire us to be further involved in the process and get the issue resolved?

    I see and agree with what you say. I sponsored myself the last 2 times I went for advocacy days but this time the situation is different - I've got my green card already and therefore finding it difficult to justify the expenses to my wife.





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  • gc28262
    03-12 09:11 AM
    I completely agree with you.. in the last 3-4 years of forming IV what lobbying efforts did the IV folk do after July 2007 fiasco?? With all the donations and money they are making from advertisements on this website what have they accomplished? they could not even have an established and reliable relationship with DOS or USCIS to get clear information out to its members?? I think it is a BIG F-A-I-L-U-R-E on the part of IV if they cannot even get some valid information let alone bringing some change in the immigration system. And when we are all discussing in anticipation of this much awaited April bulletin, what do the IV admin folk do?? Start another DONOR FORUM thread and talk about what?? B-U-L-L-S-H-I-T!! If starting a new DONOR FORUM thread is all you can do for all the donors? what good is it?? Before we go ahead and bash USCIS, IV folk have a lot of explanation to do -

    1. What links do you have with USCIS?
    2. What efforts are being made?
    3. What is the future POA?
    4. If sitting around and waiting for the next visa bulletin is all you IV leadership is doing then stop asking for DONATIONS!!

    Peace!

    If pouring in some money will fetch you a green card, there would be thousands of companies running this business. I am sure most of us will be more than happy to dole out couple of grands for it. Even USCIS would be happy to do that. We wouldn't need a grassroot organization for that.

    Remember, with all the clout of Congress Hispanic Caucus, they couldn't introduce CIR so far.



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  • TeddyKoochu
    09-10 10:29 AM
    One of the main things that could help us to make a correct guess is number of approved and pending I-140s per country per year of priority.
    USCIs shouldn't say they don't have this data and we shouldn't say we never requested this

    With the data we may come up with an exact figure (Let’s not spend IV resources for that) but ball park approximation range of 100-120K for EB2 I/C and similar for EB3 ROW indicates that it’s a very tall order for them to be current any time soon even with the most optimistic and lofty assumptions. What I intended to indicate is that the real issue is the per country limits there should be equality within all categories (PS - I have nothing against my friends from ROW). Elimination of per country limits is a must for any kind of fair play, the EB2 spillover will all evaporate once the economic climate improves and for the retrogressed countries there won’t be much of a difference between Eb2 and Eb3 once again, this certainly will happen in the next 5 years before either EB3 ROW or EB2 I/C become literally current.





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  • EB3_SEP04
    05-26 05:11 PM
    I wonder what are the required documents for America born citizens if they don't have passports. Just a driver license? or they have to carry birth certificates always?

    US citizens are not required to prove that they are citizens, only the non-citizens are required to prove their status, and that's what angers me. If you answer the question as "Citizen" no further question is asked, and that is the RULE. Hence illegal people are trained to say the word "citizen" no matter what question they are asked. But as law abiding people most legal immigrants/non-immigrants won't lie just for the sake of avoiding the hassel of showing papers.



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  • Tarang
    08-29 06:55 PM
    I agree with this. This is not limited to freshers only. I have 10 yrs of IT exp; Masters in Information Systems from top school; last 1.5 yrs with Big 4 in an Advisory role. When I got a lay off; I had to join a desi firm as I did not have time to search and transfer H1B. Now, I am compelled to change my genuine experience (working with fortune 100 clients) with fake projects just to get calls. Seems every desi recruiter wants last 5 years of US experience relevant to the position which is ludicrous; but anyway, that's part of life.



    [QUOTE=sweet_jungle]How come these people do not get caught during H-1 approval process or during visa stamping at consulate or maybe later during GC process?



    As they have Master's degrees, they go to Mexico or Canada for stamping. Thier h1b petitions are filed based on their BS/MS degrees and project works etc. and if any gaps in education, they are filled by experience. As the come under the Master's Cap, the cap lasts longer. The massaging of resumes occurs when employer sends resumes to clients and these resumes are different from what they file for h1b.

    When I was trying to reqruit a junior programmer position in my company, I found it very difficult to find the right person. All these people seemed like they had fake experience, tons and tons of resumes from Desi consulting companies , these people are well trained in answering interviews and can also confuse you during the interview.

    With this growing trend, the market seems to be going a bit slow for corp to corp h1b consultants and a lot of people seem to be in this category and hiring managers are having a tough time to ascertsain the validity of the candidates.

    It is disheartening that this kind of activity has become extremely normal and that people are already noticing it and it does not help solve our purpose and affects those genuine job seekers and genuine hiring managers.

    There is more to this. There are consulting companies like visu consultants in India that have ties with all the low grade US universities trying to fill up their grad positions with those aspiring foreign students who can pay fee upto $6000 per semester and you see hoards of people with below average or no GRE scores (GRE will be waived for some universities) filling these positions and do odd jobs inbetween college hours to pay for their next semester and these are the people who actually take loans in their country to pay the high fee, these are the same people who join consulting companies and are hungry to get into jobs by hook or crook (resume massaging) so they they can pay off their debts.

    So what is happening is a rippling effect. These days a lot of good H1bs or F1s are not coming here in big numbers because of lack of funding in research or good promising jobs in home countries. People coming through education consulting and moving to jobs through consulting companies has been on rise because of this trend





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  • StarSun
    02-18 11:04 AM
    Sukhwinder is coordinating the efforts on carpool and hosting options.
    Members who wish to carpool please post on the thread as well as send an email to Sukhwinder - 2011carpool@gmail.com

    Vinay is coordinating the efforts on airmiles, people wishing to donate air miles or request help for using the air miles, please PM vin13.

    Thank you.



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  • Ramba
    07-04 07:25 PM
    Everyone blaming CIS/DOS needs to understand some basics behind this mess. Before going to conclude anything, first, one should read all the ombudsman reports for last 3 or 4 years. Former INS or current USCIS�s functions and operations were not questionable and not known to public till ombudsman office was established. Ombudsman has helped customers and keep helping to improve efficiency of CIS. Ombudsman main concern (or goal) have been over the 4 years are

    1. Primarily reducing backlogs in any application type particularly 485 and timely approval of any application.

    2. Abolish the need for interim benefits like EAD, AP etc. If they approve 485 in 6 months, then most of us do not require EAD and AP.

    3. Reduce the wastage of EB visas, as unused EB visas can not be carried over to next year (use it or lose it). Since 1992, about 200,000 EB visas were lost permanently. In 2003 alone, they issued only 64,000 EB visas and lost 88,000.

    The recent report to congress, the ombudsman scolded the CIS left and right for its inefficiency and highlighted how many EB visas were lost for ever, in last 10 years despite the very heavy demand for employment based green cards. Based on his report, both CIS and DOS try to obey the direction of ombudsman and modifying the 485 adjudication procedure. The reason for loss of EB visas in previous years not only due to inefficiency in processing the 485s on time, it is also due to lengthy background check delay by FBI, where USCIS has no control. For example, in 2003 they could approve about 64,000 485s only. It is partially due to USCIS inefficiency and partially due to lengthy FBI check. There are 300,000 (AOS+ Naturalization applicants) cases are pending with FBI for name check. Out of which, about 70,000 cases are pending more than 2 years. Out of 300,000 victims of name check delay, how many are really threat to the country? Perhaps none or may be few! Remember that lot of Indians also victims of name check and all the victims of name check delay already living in USA.

    The big problem is the timing when USCIS takes the visa number for a 485 applicant. Till 1982, INS took visa number for a 485 applicant as soon as they receive the application. Visa number assigned to a 485 applicant without processing his/her application. He/She may not be a qualified applicant to approve 485. Still they assign to them. If they found, the applicant is ineligible, they suppose to return the number back to DOS. However, this practice was modified after 1982. USCIS is taking visa number only at the time of approval of 485, after processing the 485 for a lengthy period. For some people, particularly victims of name check, 485 processing time vary between 2 to 5 years. Though, it is a good practice it is not the ideal or efficient process, due to name check delay. Let us assume about 150,000 are victim of name check in 2003. If they assigned all the numbers to these 150,000 applicants at the time they filed 485, the 88,000 visa numbers might have not been lost in 2003. Now what happens, those who filed 485 in 2003 (victim of name check delay) will take EB numbers from 2007 or 2008 quota, if FBI clears his/her file in 2007 or 2008. This will push back those who are going to file 485 in 2007 or 2008.

    That why, ombudsman in his 2007 yearly report to Congress recommended to practice the old way of assigning visa number to 485 applicants, to minimize the loss of visa numbers.

    Now lets come to July Visa bulletin mess.

    Because of tight holding of visa cutoff dates for EB3 and EB2 for the first 8 months of 2007 (From Oct 2006 to May 2007) USCIS approved only 66,000 485s. For the next 4 months they have about 60K to 70K numbers available. If they approve the pending 485s with slower speed or old cut off dates, there is a potential estimated loss of 40,000 EB visas by Sep 2007. Thats why, based on ombudsman recommendation, DOS moved considerably the cut off date for June. When they took inventory in May, there are about 40,000 documentarily qualified 485 applications were pending due to non-availability of visa numbers. The �documentarily qualified 485 applications� mean the application filed long time back and processed by USCIS and cleared the FBI name and criminal check, and found eligible for green card. Apart from 40,000 documentarily qualified 485 applications, there is thousands of 485 applications (documentarily not yet qualified) pending due to name check. When DOS checked with USCIS they found only 40,000 documentarily qualified 485 applications (in all EB categories put together) are pending. However, the available visas are more than 40,000 (60to 70K). Then they made with out consulting properly with USCIS they made �current� for all EB categories. This is how they determine �current� or �over-subscribed� and how they establish cutoff dates.

     If there are sufficient numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered �Current.�

     Whenever the total of documentarily qualified applicants in a category exceeds the supply of numbers available for allotment for the particular month, the category is considered to be �oversubscribed� and a visa availability cut-off date is established.

    There is nothing wrong with DOS to make all categories �current� for a July bulletin as per they definition of demand vs supply estimation to meet the numerical limitations per year. Perhaps the DOS did not aware of other impact of making all categories �current� ie fresh guys entering into I-485 race. Because of �current� there will be additional tons and tons of new filings. The rough estimation is about 500K to 700K new 485s and same amount of EAD and AP applications will be filed in July. But the available number is just 60K, and there are already 40K documentarily qualified 485s are pending more than 6 months to 3 years to take the numbers from remaining 60K pool. That leaves just 20K to fresh 485 filings. If 700K new 485 filed in July, it will choke the system. People have to live only in EAD and AP for next 5 to 10 years.

    For example, an EB3-Indian whose LC approved through fast PERM on July 30th 2007, can apply 140 and 485 on July 31st 2007 as per July visa bulletin. For his PD, it will take another 10 years for the approval of 485. During this 10 year period, he/she has to live in EAD and AP and need to go for finger print every 15 month.

    Therefore by making �current� for all EB categories is a billion dollar mistake by both DOS and CIS first part.. Another mistake is timing of rectifying mistake. USCIS and DOS and law firms should have discussed immediately about the potential chaos about making current and rectified move the cut-off to reasonable period to accommodate additional 20K 485s. If they modified the VB, with in couple of days after July 13, then there wont be a this much stress, time and wastage of money.

    There is nothing wrong in issuing additional advisory notice or modified visa bulletin to control the usage of visa numbers. The only mistake both USCIS and DOS is made is the timing of issuance of modified visa bulletin or advisory notice. It indicates poor transparency in the system and bad customer service. Now, they used all 140K visas this year. Assigning remaining 20K visa numbers to already pending 485s which are not yet documentarily (name check delayed cases) qualified is not the violation of law. It was old practice. In fact, ombudsman recommends it. They have the trump card which is Ombudsman report and recommendations. Therefore they are immune to lawsuit. Therefore, filing the law-suit is not going to help. The only two mistakes I see is 1) making all categories as �current� in June 13 and second is modifying VB only on July 2.

    My recommendation is to IV is capitalize the situation in constructive way. Law suit only bring media attention with the expense of money and time. The constructive approach is getting an immediate interim relief by legislation to recapture unused visas in previous years to balance the supply vs demand difference.





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  • senthil1
    06-12 03:10 PM
    If no H1b restrictions then mostly lottery for new H1b for every year( I think 115k is not enough as Consulting companies will rush to get the quota on first day) unless unlimited H1b was given. Lottery is very bad for good companies. Best way is to put restrictions only for new H1bs and exclude from extensions and transfers.

    If people think that after CIR fails, we will have a better chance of getting favorable provisions with some other Bill or on coat tails of appropriation bills, it could be a risky gamble.
    However, looking at the mood of Senate there is a very good chance that post-CIR we might be thrown a curve ball with some hard line H1B restrictions and fee increases extracted from almost passed CIR. So opposing CIR due to H1 alone is not the best strategy.
    CIR is on the table because there are lot of interests driving its existence. If Compete America and us(IV) cannot drive in a small amendment into a popular bill like this, it would be a big blow. Is there enough bite in the coalition to create our own bill or fight an anti-H1 wave out there? That's up for judgement.

    My point is, please do not assume H1B status quo will stay that way even if CIR fails. Like someone pointed out in these forums, big Corporations might enlist these anti-consulting restrictions/fee increases and use as compromise to increase H1 numbers(even post CIR).
    And we thought life was tough now, imagine paying 10K for every H1 extension and not being able to consult and status quo on current GC system still place. Thats a hair raising thought for me.



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  • chanduv23
    12-26 04:37 PM
    If financial institutions are following govt regulations, does it mean that Govt mandated this against h1b? One of those gimmicks where a H1b is subject to difficulty like obtaining driver lisence etc...is this the same gimmick to legally give hardship to h1b?





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  • askreddy
    06-25 05:31 AM
    Hi NJ members,

    Iam joined yesterday this forum.

    My PD is 9/2003 and EB3.

    Iam having issue with birth certificate.Can any one from india pls send me non availability and affidavits you have. you can erase your imp details. i just want the format.

    thanks in advance....



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  • saatiish
    07-13 10:02 AM
    Here is the source ....
    http://www.travel.state.gov/pdf/Immigrant%20Visa%20Control%20System_operation%20of .pdf

    Alternatively go to --> Visa Bulletin (http://travel.state.gov/visa/bulletin/bulletin_1360.html)
    Click "Operation of the Numerical Control Process "





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  • qasleuth
    01-25 10:54 AM
    It is time for new ideas and creative solutions. Here are my ideas:

    1. We cannot make this an Indians only campaign:
    Get get participation from folks of other countries. This is extremely important. I understand people from India are probably the highest number waiting to get a GC but we HAVE TO make this a broader effort.
    How?: Contact 'leaders' from other countries. Not on these forums but through personal contacts. There are too many immature kids on these forums for any meaningful dialog.

    2. MAke IV a membership only website (Forums atleast):

    This gaurantees steady flow of funds. What do members get in return ? Access to forums, updates, action items/progress, bi-weekly Newsletter etc. Membership can be as low as $5 a month.

    3. Funding Drives:

    Fantastic efforts were made from many IVians. Get more creative (Dinner where you pay for your seat - $20 per head?), get people from other nationalities involved (Indian Sub-continent, China, Philiphines, Indonesia etc).

    4. Make this effort more than getting a green card:
    This is perhaps the most important if we can pull it off. Get green card holders and naturalized Citizens involved. This will give 'bite' to our effort (imagine going to your congressman with leading members of the local immigration population). Advantage: Funds, publicity, connections to politicians etc. Members will get the advantage of a platform and derive benefit from numbers.
    How?: IV should become a platform for 'immigration issues' in general. Charity, cultural assimilation, job board, getting involved in local politics etc.

    5. Clean up forums/discussion board:

    Get rid of politics, religion discussions, period. Do not allow divisive nonsense.



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  • sripk
    03-22 07:22 PM
    I am from bay area, CA and would like to travel to DC to participate in the advocacy effort! If there is a group traveling from here, I want to get in touch with you. Please let me know. Thanks!





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  • akhilmahajan
    03-09 08:33 PM
    When u say Efile, do u have to send any paperwork.
    Also, everytime we renew EAD, so we need to go for Fingerprinting.

    As far as i understood, FP is good for 15 months.

    Thanks.



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  • pdakwala
    04-22 04:11 PM
    First we would like to thank you everyone who took some time off on Saturday evening and attended the event in San Jose. We also thanks Jay who came to San Jose to attend this event from Reno. The event took approximatly one and half to two hour. Majority of the People from our community left after 45 to 60 minutes. Very few people had stayed for the entire event.

    There are some members who were upset and had made statements on this forum saying that the entire event was for illegal immigrants and they don't know why they went. Please note that the STRIVE ACT does not have only our provisions. The STRIVE ACT is 700+ page bill and there are several provision for other immigrant community. It will be unfair if we expect every senator and congressman to mention legal immigration whenever they are giving a speech. If the senator or congressman does not say anything about the legal immigration in their speech, that does not mean that they does not support us. Immigration Voice core group is requesting everyone to be polite and have patience.

    After the event was over (as per the plan) myself and Jay got an opportunity to speak with Congressman Gutierrez. Congressman and his Deputy Chief of Staff have asked us to convey to everyone that they appretiate the effort that all our members took by making themselves available for this event. Congressman have told us that he fully support legal immigration and his bill will solve the issues that we are facing.





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  • sagar_nyc
    06-10 02:07 PM
    This is correct. EAD is based on pending 485 in most of our case. that's it.

    what the heck r u talking. i just renewed my EAD myself, no employment letter, no pay slip, no crap. Don't blabber if you dont know the details.





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  • swissgear
    09-14 02:46 PM
    Well, I have not received RFE mail yet. I have changed my employer because our division was sold to Canadian firm and they moved everything to Montreal.

    After changing my employer (in June), I applied for EAD/AP and both got approved within 3-4 weeks w/o any issues/RFE.

    I have not filed for AC21 and used EAD to switch job. I think my previous employer might have notified USCIS about H1B case (as I had valid H1B too). Again as per attorney, it takes months if not year for USCIS to work on such notifications.

    I had travelled to India last year July and came on AP as I could not get H1B stamp in India. The US consulate took more than few months to approve the my application and by that time I had already come to US on AP as suggested by my employer's attoteny.

    As far as I know, most likely your RFE would be related to EVL, if you didn't receive it earlier. Also, if you changed state, and working on H1 or EAD, they are sending in a standard RFE like to describe location discrepancy and letter from Employer to state that they still support your GC as per the Labor and 140 application. Hope this helps!!! Good Luck!!!





    DesiGuy
    09-13 10:59 AM
    YES...good idea, we need it (gave u a green).

    but (there's always one;)) at the moment, since time is short,

    lets be FOCUSsed on calling the REPs.


    Energy flows where Focus goes





    slowwin
    06-14 09:11 AM
    Email sent to both Texas US senators.



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