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  • realizeit
    02-11 11:53 PM
    Mr MPADAPA,

    I know you have spent some time analyzing the whole stuff and came with your conclusions. At the end, if someone says that the crux of your conclusions are wrong, for an emotional person, it would be tough to take. A rational person would take it lightly and think before responding. In your immediate previous reply, you just cherry picked a quote from my previous reply and put that as my interpretation. Please do not put words into my mouth. My reply has been pasted below in its entirety.

    You have campared the paragraph with NumbersUSA argument etc. Dear friend, my argument was exactly opposite to that paragraph. I think, you didn't get the meaning of the paragraph itself. My paragraph contained phrases like "If your argument is correct..", ". If the unused can be given to ..". etc, which makes the argument exactly opposite to what mentioned there. So, that means I believe exactly opposite to those arguments.

    I acknowledge that you have every right to interpret the law in whichever way you want. My point is that, it really doesn't matter to all of the folks who applied in EB2 and waiting for GC. The thing that really matters is the way in which USCIS acts this year. They can act in whatever way they want. This year, if they say, there won't be any family visa wastage, we will get nothing. Contrary to that, if they see that by the end of the year there is a chance for 15K family vis wastage, they may allocate that to employment category.

    To all EB2 folks out there: No need to really feel bad or happy about the analysis of Mr. MPADAPA.

    My general advice to anyone who put forward an argument for propaganda and a campaign is: Don't massage the facts, don't twist the facts, don't over analyze, don't under analyze, Also don't say that your interpretation is the final verdict. Because, even if we can analyze all the immigration related laws in the whole Federal register, we may not be able to come to a final conclusion....!! Why? Because you don't have a clue what is in the field manual and internal memos of the USCIS and you don't know how they procedurely allocate spill over etc on each year. As long as USCIS and DOS can use the terms "In Anticipation..", "As per our expectations..", no one will be able to hold them accountable for the visa wastage.

    MPADAPA..you may continue your argument/discussions, if you think this is a moot point. But I don't believe so.

    If you can prove your initial basic argument with complete facts and details, I will openly declare, I am wrong! Your original argument was "Since the family category used up all Visa numbers in 2008, in 2009 EB2 cannot expect any spill over from Family category and hence we need to expect slow movement....".

    Instead of proving the above, you may cherry pick my statements and continue to beat about the bush. I am giving up here my friend.

    Good luck :)




    realizeit, you just didn't get the unused visa calculation.
    By the way your interpretation quoted below is exactly what numbersUSA used to claim that there is no visa available for recapture. And they used that argument to shoot down our recapture bill.

    Knowing that PD's aren't going to move forward drastically, we need to start working towards some thing drastic like a bill/amendment. Or we can sit and mull over it and wait until the second week of Aug (when Sep bulletin is announced) to show our frustration.

    My complete earlier reply

    Still I disagree my friend. I know, law is the law! What I am disagreeing is your interpretation and conclusion.

    In reality, towards the end of the Fiscal year, if USCIS/State Dept finds that visas will go unused in one category, they can use the spill over rules. So, if there are some potential unused visas in Family category they can add it to Employment category and vice versa. This will all work in the same year. It will not work or get transferred to a following year. In your initial argument, you said, because all the family visas for 2008 are completely used, we won't get anything from that category as spill over during this year (2009).

    If your argument is correct, there won't be any need for recapture laws that we all are working for. If the unused can be given to the next year, no visa will get wasted. USCIS/DOS can just give the unused in family category to Employment category in the following year and vice versa.

    In reality that is not the case. Visa number in one year will not flow to the next. So, your original argument is completely wrong. If there is nothing left in family category for the year 2008, that has nothing to do with the expected spill over to Employment category from family category in 2009.

    In my opinion, law is complex and snippets of the law from here and there won't will not clarify anything. So, if anyone would like to be optimistic, stay there, to be pessimistic, stay there - this whole argument by MPADAPA is not enough to change your state of mind :) Just my observation!





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  • 485Mbe4001
    06-10 01:16 PM
    BTW, can you call and ask if you case is preadjudicated. In our case my #@$@ lawyer refuses call USCIS or allow us to initiate an SR (one of the reasons why we had no idea that we were stuck in namecheck)

    ALIA post doesnt help India and China EB3's (i am EB3 too). Assuming that 50% of the people who pre adjudicated are from India with a 50-50 split between eb 2 &3. We cannot expect any movement because we have ~25k EB3's ready for approval with only 3-4k visas. Eb2's (I)could be in a slightly better situation by July '10 because of spillover from unused EB1's and EB2's. I am guessing that 12-15k EB 2's will benefit. The only sliver lining is that ROW's who had visa's available but were stuck due to processing delays will be relieved from the pain.


    As per this everyone who got pre-adjudicated would be receiving their GC in FY2010. But, there are people from EB3I with PD as late as 2007 who got RFEs recently and got their cases pre-adjudicated( I am one of them even though my PD is March 2003 and when I called up NSC, they said my case was pre-adjudicated and waiting for a Visa number ).
    With EB3I staying at 1 Nov 2001 when the new FY2010 quota starts in October doesnt match to what Ron Gotcher says.
    Anyone have any opinion?





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  • saggi13
    02-17 10:17 PM
    to be honest with you, i dont know what USCIS is doing...

    i am hoping that they are processing the case, but i am in the same boat as any one else on this thread.





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  • sanjose
    07-13 03:26 PM
    congratulations..truly inspirational.. how did you acquire such phenominal emotional stamina?



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  • msyedy
    05-22 03:16 PM
    u can easily get an affadavit from someone with a business that says u worked there for a period of x days while ur h1 was with yyy company... that puts u into an illegal category too.

    i m growing some tomatoes this summer....maybe i can get additional points if i grow them for 100 days every year and then after another 5 yrs i can get some more points in the new merit based system


    Well they will easily find out from your SSN number if one is on payroll or not. I am seriously looking into this matter of getting illegal and many of my friends agree. Once the bill passes in its current form we should get advise from a good lawyer to convert status from legal to illegal. It sounds so insane when I say changing for legal to illegal..but that is the hit thing these days.





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  • ychuck
    07-02 04:52 PM
    Medical Exam: ~800 (me + wife)
    Photos: 60
    birth/marriage certs: 200
    paid working hours off: 400

    Pain before and after: lot!.



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  • ArkBird
    05-01 05:36 AM
    India was demanding latest fighter jets (F-22) but US can offer only old version F-16,F-18 to India. Basic reason for US denial to latest technology because of India -US relation and their status .US only offers new technology to its close allys. I think it was prudent move from India�s part to get latest and greatest technology. To get these new technologies US congress needs to pass law and define India as close ally.


    F-22 is newer version of F-18/F-16??

    F-22 is Air superiority Aircraft and India is seeking Multi-Role Combat Fighter!

    Whatever you are smoking dude seems real good stuff! Pass that sh1t over here!!





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  • vivo
    02-12 09:45 PM
    After listening to horrible stories from fellow desi's about Desi consultant companies on how they creating troubles i have created a new site where you guys can post about both good and bad companies which could be usefull to thousands of desi's look at www.desiopinions.com this site is a place where you can freely express your opinions not only about consultant companies but also like apartments training places and many more categories ...if u guys think i am doing some kind of advertising then please ignore this post

    Mods - if u feel this post inappropriate you can feel free to delete

    Thanks
    A fellow Desi



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  • Gravitation
    04-13 11:32 AM
    May Visa Bulletin is out. EB3 ROW and Philippines seem to have moved by 1 year.

    Even bigger news is that "Other Workers" have become Unavailable for the whole world.

    It furthers strengthens the theory that good number of 245i's are EW category and not in the regular EB3 category.

    This hypothesis is further supported by the fact that all EB3 dates have been sustained above May 1st for a few months now.





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  • Jerrome
    02-11 01:48 PM
    i agree.There are 2 reasons.
    1. Last year EB2(I) received only 7K primary EB2(14kTotal/2).My guess is that there are definitly more than 7K pending for EB2(I) before 2005.

    2. This year there won't be much FB spillover.So we may not even get 7K for EB2(I) this year.



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  • abhijitp
    07-08 10:52 AM
    http://www.youtube.com/watch?v=kEpN96P_1LA&NR=1

    I loved it. If I am right, this is posted by an IV core team member.





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  • Munna Bhai
    05-15 04:14 PM
    This guy manhandled his wife and was in the jail for one day. Read his previous post in this forum. Why you are so compassanate for a women beater. ?. Now he want to marry another women. Who knows he will do same thing to her also?. Munna Bhai read his post and comment. IV is for good cause; not for people with criminal behaviour.

    Were you witness to what happened in his home on that day?? If not, don't be judgemental....leave that to him and his wife and to family court. IV is not for "every good cause"...we are having very difficult time ourself...

    Looks like you already received GC and you have great & lot of time to get into other issue.



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  • shana04
    02-13 12:27 PM
    Hi Shana

    But the nature of the job responsibilites are same but i believe the Job code may change b'cos of the Title.



    I believe it is not a problem, I have read in other threads. but I would suggest lot of attorneys are only taking 300 or 500 dollars to file aC21. it is worth spending.

    Good luck





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  • paskal
    07-14 10:11 PM
    people,

    please stop attacking for no good reason. i've been through this whole set of emotions too, and i'm pasting below a dialogue with Greg Siskind on his blog. Greg is a much respected figure in immigration law and does his bit and more to support our cause. please read it, he makes very valid points.
    why are these kids our enemies anyway? they are stuck in a bad position and helping them get relief behoves us.

    Paskal - The children of legal immigration applicants were specifically covered in the Child Status Protection Act passed earlier in this decade. They are now allowed to immigrate with their parents even if they turn 21 during the middle of the process, a key change designed to ensure that those here for years waiting on green cards could still benefit. There were other important benefits in this bill. read from the bottom up...



    But on a separate note, strategically we saw what happened with CIR when we tried to get every fix on one bill. Three years of work down the drain. We need to get each fix done a little at a time and take what we can get each time and focus on getting more in the next battle. One week we have a victory for illegal immigrants. The next we win one for skilled workers. The next we help refugees and asylees. We need to cheer each victory rather than be upset that not every group was helped.

    Posted by: Greg Siskind | July 14, 2007 at 07:15 PM

    Greg,

    I do not think people really oppose the relief being offered. Neither do they grudge the proccess of legalization for undocumented immigrants. However there is a great deal of heartburn over the way skilled workers are treated. Why can't this bill include legal children who have lived here most of their lives? kids have to "become illegal" to get benefits? what's the message?
    Similarly in CIR, 90,000 GC a year for 5 years were offered for backlog reduction. Compare this to the almost 1 million FB relief and the 11 million GCs for legalization. what's more no one knows how many undocumented workerers there are. 11 or 13 million? so 2 million extra GC are just an asteriek to congress, and yet they won't give paltry increases to skilled workers to cover the backlogs?
    this is the source of frustration that's manifesting in the comments you are reading.

    Posted by: paskal | July 14, 2007 at 06:58 PM

    Some have commented noting that DREAM might pass because it's advocates are showing passion. This should hopefully inspire you rather than upset you. Immigrants Voice has really given me hope that the skilled worker community finally is starting to find the passion that will change minds in Washington. To date, this community has largely depended on the advocacy efforts of groups like AILA and the ITAA rather than on the grass roots efforts of the community itself. These groups do a great job, but they can do so much more in partnership with an active immigrant community.

    Posted by: Greg Siskind | July 14, 2007 at 06:52 PM



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  • redgreen
    11-27 07:03 PM
    Hi All FP seekers! I do not know what exactly I am missing if there is a delay in FP. It looks like hundreds of IV members are too much worried because of the 'delay' in FP. Let me worry too (by knowing the big problem!). Can any worriers explain??
    On the other hand is it not better to have a late FP, so that you need not go again in the next 15 months! Anyway for most people GC is going to take years!





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  • rajakannan
    06-27 10:01 AM
    Could you please assign date time for every single member that they should file their application on?
    Thanks a lot.

    july 30 th everyone for the benefit of all atleast those who can file before july 3oth



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  • NKR
    02-13 09:28 AM
    NKR, not sure if you heard about this one proverb... "jabh kismath GA***U hai tow kya karey ga PANDU"....we unfortunately get trapped with such type of employers who trouble their employees and learn lessons in hard way and looks like you haven't encountered any such experiences with your employer, if that's the case you are lucky enough & I wish you would NEVER fall into such employers hand who trouble for so many other different reasons....or not sure you should have one small experience and see how you feel just for the heck of it....

    I can sit here and add as many proverb's here all day long but the point here is try to be supportive to folks who are seeking for some help rather then sharing your "KATARA" proverb's..grow up man!!

    dude, that was not my proverb. I was replying to fearonlygod's post. I had only quoted him. anyways your proverb is funny and appropriate, had a good laugh.





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  • Ram_C
    10-09 07:08 PM
    Hi,

    I filed I485 and my I140 got cleared. My employer is not willing to give my Approved I140. I am not sure why he is holding my I140. I dont have have any idea to change job at this time.


    I am working with everest technologies there web site address is www.everesttechinc.com.

    I hope this is the right place to share over view and ideas thats the reason i am posting my questions here.

    1) Do we really required I140
    2) Is any one here working with everest technologies who is having same problem.



    I-140 is employer’s property and it is not mandatory to share it with employee, however you can always request a copy of approval notice and in most cases employer will provide one. It is always advisable to have a copy of approval notice (just in case you want to port it to an other job/employer etc) in later stages of your green card process.





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  • wahwah
    06-06 10:57 AM
    i think what you're saying is not just a plausible but most likely scenario.
    i read on some lawyers website that everytime he/she's filed an AC21 letter to show change of jobs he's gotten an RFE for the petitioner.

    so that is why many lawyers recommend against sending any notification to USCIS regarding job change using AC21.

    Going back to the supplemental AC21 memo:

    Imagine an IO who has a very bad mood for the day. Then he receives an AC21 letter for the case he is processing and saw that the i-140 of the person is not yet approved.

    And he thought: "Oh....I would raise an RFE for this and see if the previous employer still respond to it".

    Do you think this is a plausible scenario?





    sobers
    02-21 09:33 AM
    Guys,

    I don't think we need to get too worked about this, or spend much time responding to such "needless needling". I think your posts above should answer all questions.

    Let's focus on our mission- which is, to apprise lawmakers of the genuine plight of skilled, legal immigrants- folks who bring much needed skills to work for this country, folks who pay high taxes and contribute to their communities, folks who respect and follow the law!





    up_guy
    01-02 11:34 AM
    Happy New Year Guys

    I have quick question. Please comment on this �

    Can anyone accept payments for expenses (reimbursement) from other than your employer (payroll & H-1b holding company). This could be accept such payments for expenses (reimbursement) directly from middle man company or client ?

    Please respond