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Ramba06-28 06:05 PMAll you guys forgetting main thing. Visa bulliton is not a law. It advises consular posts and USCIS to accept and approve 485s and schulde interviews in consular posts to issue IV. It is just a advisary notice to other federal agency by DOS. It is not a binding document.

The law is "an immigrant visa should immediatly available at the time of filing AOS application" . If visas number is not available on 3rd july, DOS has a right, under the federal law, to advise USCIS and consular posts to stop accepting and approving any applications and stop issuing IV at consular posts on any date.

If you need more evidence, browse the adjudicator field manual for 485. It says "unless any interm notice issued by DOS, visa number is available to all in entire month". Therefore the key is "unless any interm notice issued by DOS". If DOS issues notice to USCIS on June 3rd, USCIS has to stop accepting any 485.



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katrina02-01 02:34 PMUS news has covered a book by David Heenan -- "Flight Capital" that essentially deals with the fact that high powered immigrants are leaving this country -- for whatever reason -- and how its bad for America. BAD FOR AMERICA. forget about it being bad of GC aspirants. ITS BAD FOR AMERICA. And we have one of america's own high powered former CEO saying that

http://www.flight-capital.com/

This man has no vested interested in talking about this. Obviously he does not need a GC and he is not on H1. He makes our case. How anti-immigration congressional measure are hurting America as a nation as much as it hurts aspiring immigrants.

This is an independent non-partisan source who can be quoted in our cause.

http://www.greatandhra.com/business/greencard_usa.html

and there is another good article with the same topic.

Check out this article in the Wall Street Journal - by Gary Becker, a Nobel Price Winner..alas this administration in immune to such logic

Give Us Your Skilled Masses

By GARY S. BECKER
November 30, 2005; Page A18

With border security and proposals for a guest-worker program back on the front page, it is vital that the U.S. -- in its effort to cope with undocumented workers -- does not overlook legal immigration. The number of people allowed in is far too small, posing a significant problem for the economy in the years ahead. Only 140,000 green cards are issued annually, with the result that scientists, engineers and other highly skilled workers often must wait years before receiving the ticket allowing them to stay permanently in the U.S.

An alternate route for highly skilled professionals -- especially information technology workers -- has been temporary H-1B visas, good for specific jobs for three years with the possibility of one renewal. But Congress foolishly cut the annual quota of H-1B visas in 2003 from almost 200,000 to well under 100,000. The small quota of 65,000 for the current fiscal year that began on Oct. 1 is already exhausted!

This is mistaken policy. The right approach would be to greatly increase the number of entry permits to highly skilled professionals and eliminate the H-1B program, so that all such visas became permanent. Skilled immigrants such as engineers and scientists are in fields not attracting many Americans, and they work in IT industries, such as computers and biotech, which have become the backbone of the economy. Many of the entrepreneurs and higher-level employees in Silicon Valley were born overseas. These immigrants create jobs and opportunities for native-born Americans of all types and levels of skills.

So it seems like a win-win situation. Permanent rather than temporary admissions of the H-1B type have many advantages. Foreign professionals would make a greater commitment to becoming part of American culture and to eventually becoming citizens, rather than forming separate enclaves in the expectation they are here only temporarily. They would also be more concerned with advancing in the American economy and less likely to abscond with the intellectual property of American companies -- property that could help them advance in their countries of origin.

Basically, I am proposing that H-1B visas be folded into a much larger, employment-based green card program with the emphasis on skilled workers. The annual quota should be multiplied many times beyond present limits, and there should be no upper bound on the numbers from any single country. Such upper bounds place large countries like India and China, with many highly qualified professionals, at a considerable and unfair disadvantage -- at no gain to the U.S.

* * *
To be sure, the annual admission of a million or more highly skilled workers such as engineers and scientists would lower the earnings of the American workers they compete against. The opposition from competing American workers is probably the main reason for the sharp restrictions on the number of immigrant workers admitted today. That opposition is understandable, but does not make it good for the country as a whole.

Doesn't the U.S. clearly benefit if, for example, India's government spends a lot on the highly esteemed Indian Institutes of Technology to train scientists and engineers who leave to work in America? It certainly appears that way to the sending countries, many of which protest against this emigration by calling it a "brain drain."

Yet the migration of workers, like free trade in goods, is not a zero sum game, but one that usually benefits the sending and the receiving country. Even if many immigrants do not return home to the nations that trained them, they send back remittances that are often sizeable; and some do return to start businesses.

Experience shows that countries providing a good economic and political environment can attract back many of the skilled men and women who have previously left. Whether they return or not, they gain knowledge about modern technologies that becomes more easily incorporated into the production of their native countries.

Experience also shows that if America does not accept greatly increased numbers of highly skilled professionals, they might go elsewhere: Canada and Australia, to take two examples, are actively recruiting IT professionals.

Since earnings are much higher in the U.S., many skilled immigrants would prefer to come here. But if they cannot, they may compete against us through outsourcing and similar forms of international trade in services. The U.S. would be much better off by having such skilled workers become residents and citizens -- thus contributing to our productivity, culture, tax revenues and education rather than to the productivity and tax revenues of other countries.

* * *
I do, however, advocate that we be careful about admitting students and skilled workers from countries that have produced many terrorists, such as Saudi Arabia and Pakistan. My attitude may be dismissed as religious "profiling," but intelligent and fact-based profiling is essential in the war against terror. And terrorists come from a relatively small number of countries and backgrounds, unfortunately mainly of the Islamic faith. But the legitimate concern about admitting terrorists should not be allowed, as it is now doing, to deny or discourage the admission of skilled immigrants who pose little terrorist threat.

Nothing in my discussion should be interpreted as arguing against the admission of unskilled immigrants. Many of these individuals also turn out to be ambitious and hard-working and make fine contributions to American life. But if the number to be admitted is subject to political and other limits, there is a strong case for giving preference to skilled immigrants for the reasons I have indicated.

Other countries, too, should liberalize their policies toward the immigration of skilled workers. I particularly think of Japan and Germany, both countries that have rapidly aging, and soon to be declining, populations that are not sympathetic (especially Japan) to absorbing many immigrants. These are decisions they have to make. But America still has a major advantage in attracting skilled workers, because this is the preferred destination of the vast majority of them. So why not take advantage of their preference to come here, rather than force them to look elsewhere?

Mr. Becker, the 1992 Nobel laureate in economics, is University Professor of Economics and Sociology at the University of Chicago and the Rose-Marie and Jack R. Anderson Senior Fellow at Stanford's Hoover Institution.



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sobyb05-02 12:37 AMBut real world does not work like this. If you are not aware Gandhiji passed away/ assinated in 1948. this is 2009.

Thanks Dude! .. Gandhiji never died and ever will... the day you realize that there would be real solutions to ethinical/lingustic/religious descriminations/issues :)



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ramus07-04 11:13 AMCost = 800 (Medical for 2 persons- Average) + 1000 (attorney fees- doesn't matter who pays- company or you) + 30 (photos) + 100( Postage) + 100(others)

Total = 2000 average . I am not adding application fess since USCIS will send it back if they don't process the application.

Out of 2000 - Medical is only valid for 1 year. In most of cases you will have to pay attorney again. All you can use is photos. I will say everybody atleast lost 1800 ( This is very minimum - also doesn't matter who pays- company or you).

So lets say everybody lost 1800. Now depend how many people were ready to file the application..





Please post good reliable estimate of cost for applying with ALL possible break ups. I know the following only!

Cost of applying = application fee ($795 ??) + Lawyer fee + others (= medical + pictures + ...)

Also, which parts are lost if we have to re-apply!

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unitednations02-13 01:10 AMI thought the alien must be present on a dual intent non-immigrant visa to be eligible for AOS (I-485). I don't think people on F1/F4, B1/B2 are eligible to file for AOS while in the US. Consular Processing may be a different story.The H,L and O NIVs are the only ones that I know have dual intent.

to file a 485 a person has to be in non immigrant status.

The dual intent doctrine applies if a person is on a non dual intent visa and they file a 140 or a 485 and they then try to extend their non immigrant visa. At this point it will get denied. However, as long as they dont' have to renew it (because they have a 485 filed), then they are good to go for the greencard.

it is only an issue in trying to renew a non dual intent visa once you have showed immigrant intent. This would be a person who can't file the 485 but instead has a 140 or 130 filed for them. At this point dos/uscis would not allow them to extend the status or allow them back into the country.



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vdlrao07-22 02:12 PMSee, we need to understand, life is a Lottery. No place for Logic. USCIS LOVES lottery...after diversity visa lottery, they are also doing LOTTERY for H1 now, and one day if they like the idea of doing LOTTERY, for EB cases, they might throw away this all mambo jambo of EB1,2,3/PD/RD/ROW/IN/CH...and JUST DO THE LOTTERY!! After this post, I will go buy a Californial Lotto...;)

kondur_007, u know how to make us laughing in a stiuation like this. your post at the end makes me keep laughing.:D

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sumagiri10-07 04:47 PMI have built a very simple EB2-I Visa predition model

Making following assumption

15000 new EB2 ROW I-485 applications
12000 new EB1 I-485 applications
EB4/EB5 use 70% of allocated visa (30% spillover)


EB2 Visa Bulletin prediction for FY 2010
Bulletin Quarterly-spillover Annual Spillover
Oct-09 22-Jan-2005 22-Jan-2005
Nov-09 22-Jan-2005 22-Jan-2005
Dec-09 31-Mar-2005 1-Feb-2005
Jan-10 31-Mar-2005 15-Feb-2005
Feb-10 31-Mar-2005 31-Mar-2005
Mar-10 31-Mar-2006 31-Mar-2005
Apr-10 31-Mar-2006 31-Mar-2005
May-10 31-Mar-2006 31-Mar-2005
Jun-10 15-Oct-2006 31-Mar-2005
Jul-10 15-Oct-2006 30-Sep-2005
Aug-10 15-Oct-2006 30-Apr-2007
Sep-10 31-Mar-2007 30-May-2007

Sachug, it is a great attempt to compare the quarterly and annual spill overs. I made rough calculations couple of weeks ago with annual spill over. However, I assumed around 25K ROW visas(both pending and new) for EB2. And assumed only aroudn 125K for AOS keeping 15K for CP. I will compile all of my assumptions and post here. Overall, my calcs estimated EB2 move to Dec 2006. By the way, I hope you took China in to consideration for spill over.



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villamonte610012-14 12:30 PMHello All,

First and foremost, i must thank everyone from IV, who is working tirelessly to resolve the issues of retrogression in the GC process. As an affected individual I am very grateful that leaders of IV are ready to contribute so much effort for its goals. And even though I do not actively work for the IV agenda, I have contributed money to some IV action items.

I have a question/suggestion regarding the IV agenda. On IV's about page, pt number 2 asserts amongst other things,
The Discriminatory Per-Country Rationing of Green Cards That Exacerbates the Delays.

and further in the same point

We do not allow employers to discriminate hiring based on their nationality or country of origin. Therefore, the employment-based immigration, which is a derivative benefit of employment, should also be free from rationing based on nationality or country of birth.

I am curious to know what is the "legal" strength of these assertions is. Are they just "moral" statements or can the validity of these statements be tested in the legal framework of this country? In other words, my question is what is the constitutionality of the "Per Country Caps" in Employment / Family Based Immrigration procedures.
A lot of Laws and Statutes have been challenged in the Judicial System of USA. And many more are challenged every year. And if the laws are not constitutional then they can be repealed.

I am sure the leaders of IV must have thought about this argument however a quick search of the forums with 'constitutionality' as the search term did not return any results.

IV's efforts to utilize Lobbying to bring about change to alleviate/eliminate retrogression are certainly beneficial. However, if IV has not already considered and eliminated this legal argument, then it should explore whether there is any substance to this approach.

Hence this post. Below are some of the links that might be relevant.

wikipedia article on constitutionality (http://en.wikipedia.org/wiki/Constitutionality)
wikipedia category on US immigration case law (http://en.wikipedia.org/wiki/Category:United_States_immigration_and_naturalizat ion_case_law)

thanks and sincerely,

--soljabhai

You don't have a case. Before laws are signed, lawmakers spend hours and hours or weeks arguing, debating and modying before it is passed by both Senators and congressmen.

If they change the current law to favor Indians, then it will be disciminatory to other nationals. Think the other way.

Personally, I don't see any discrimination in the existing law. It so happened that you came from Indian and the law only allows a certain percentage per country.

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test10107-10 10:11 PMThe thing is - people are crazy about USA, no matter what - so if you leave someone else will come - thats the attitude here. Exploitation to the core. The way America was built is by slavery. America became such a great country only because of slavery. There were moments in past where people revolted and found liberty - and we are all on that path. Look at the Black civil rights moment etc.

The problem with the current immigration policy that the government is forcing the companies to outsource the HI-TECK jobs and needed skilled immigrants works like RNS to Canada, and other countries. These jobs could be taken by American maybe, but now they wont have that chance.

The job that suppose to exsit and be filled by american or immigrant in the teck industry is not going to exist in the US. Instead it's going to exist in Canada for an immigrant.

The US faces huge nursing shortage, nurses are going Canada and Australia, same for PT's. US is not going to get the tax money, social security nor the jobs. High paid jobs like HI-TECK and nurses,..ect get taxed more and now this tax is going to be in anther country.

MS started outsourcing, Oracle is following. Nurses & PT's educated in the US are leaving it. This current policy is not for the greater good of the country, it's by cheer of bureaucratic incompetence.

This is going to become more than just an immigration problem. This is going to hurt the economy& health care real bad if they do not fix it.

stay toned 5 more years of this and see how bad it's going to get.



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g1FTP06-16 03:27 PMI hope that you are more qualified than I am and I am not going to waste your time or my time contesting it. However, you could be a little more humble. I would also like to point out that your high qualifications may be failing you in your critical and deductive reasoning. Refer to the highlighted portion of your quote. If I may reason on an analogous note, you are saying that the current IIT JEE examination lets in a few people who aren't qualified. So by making the examination more tougher, it has more chances of letting in unqualified people. Needless to say, I am stumped.




I am waiting in the line as well for GC or to be sent back home and personally, I want everyone to get their GC and don't agree with dilipcr. Kind of off-topic but I made this observation:

IMHO simsachu's reasoning is sound.

Your example is not the same as simsachu's. simsachu assumes there are way more "bad" fish compared to the good one's in the population. Hence you need to catch more fish to come across a "good" one.

You assume the opposite (there are very few bad fish) and hence come to the conclusion that catching more fish would net you more bad fish (but way more "good" fish as well) as well. But given your assumption, it is puzzling why you want to have lesser number of GC's (if indeed that is what you are advocating, I haven't read all the messages in the thread) when you assume there are way more "good" candidates than bad.

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bayarea0707-21 10:40 PMAnother thing i found out about these amway guys is they lie about
credentials of their upsells and about themselves just to show them as superior and successful in life, i know few friends of mine who though a big failure in the technical job they do (one has been kicked out of the job because he did not knew his work) but he keeps posting patents on free internet sites and writes technical blogs (most of them copied from different internet sites) just to show his downlines how bigshot he is.
Complete wastage of time and money, do it if you want to alienate all your existing friends and family and if you did decide to join , be ready to be brainwashed by the new friends and group that you are going to have by making everybody else beside that group as a loser.

By the Way when they introduce you to their boss ,their boss usually shows you a real check of 8-9K, is it usually a fake check given to them as part of the kit



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eb3_nepa06-26 12:21 PMYeah but USCIS CAN change its rules at ANY time without ANY notice!!

Remember the ONE day notice that I-140 premium processing is terminated for Labour substitution cases?

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H1BinNY07-04 09:48 AMKitty Eisele

keisele@npr.org



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senthil103-16 01:24 PMIt depends on INS. If they notice the overlap between study and experience and they can send RFE. If you send explanation to RFE then it is upto INS to accept or reject. If thy doo not notice then no problem.Some people in INS have some idea about fake experience certificates in India. It is easy to get experience certificate even if you do not work. You can get idea by analysing similar situation.


QUOTE=Subst_labor]i am not paying anything, its a decent company from NJ. the only thing i am concerned about is that this experience was when i was IN college and it was a really small company (part time thing..)[/QUOTE]

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ujjvalkoul10-04 11:16 AMYou can apply for Canadian PR while staying in the USA if you can demonstrate that you have entered the USA legally and stayed in the country legally for at least one year. That's what Canadian law says. I'm too lazy to look for the actual law -- just google it. ;)

You can apply for the Canadian citizenship after staying in Canada for three years out of four. Of these three years, you must be a PR for at least two years.

http://www.cic.gc.ca/english/citizen/becoming-howto.html
Yes... at the time of application the H1B should be valid for at least 1 year.... I got my papers returned to me coz of this. I reapplied once I renewd my H1 for 3 more yrs



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rkm04-28 09:36 PMGood News ...

04/28/2007: Labor Certification Substitution Elimination Final Rule Approved by OMB 04/27/2007

The OMB approved this final rule. As soon as this rule is released, all those certified labor certification cases which have yet to be filed for substitution I-140 will be no good for substitution.

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Dalai Lama01-24 01:14 PMHe must had already saved lot of money in India, he will live like a king after 20 months.
He should get 20 years of prison.

Dalai lama from Tibbet



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waitingmygc01-14 12:24 PMFirst, please stop comparing companies in this thread at least because we are diverting from topic.

I am totally convinced with users like jetflyer, kondur_007 and others that �if it goes smooth then next will be EAD, then I-485 approvals�.

At least this is the time to think beyond boundaries (like EB-3, EB-2, working as FT, working with consulting company, states and countries), if not then don�t distract the efforts.



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BharatPremi12-14 02:38 PMNope. UK and Pakistan would then join the club of India & China. ROW is an artificial construct. The reason USCIS posts priority dates for India, China, Mexico and Philippines separately is that applicants from these countries are typically, and especially over subscribed. ROW countries are just countries which are not typically over subscribed in the EB category.

So what you are saying, in other words, is 7% limit is for every country in the world (Except USA:)) correct?



thomachan7209-04 10:59 AMThis is not contributing to anything. I dont think oposing parties in this discussion will ever come to an agreement so what is the purpose of carrying on. Please close this and lets concentrate on something else.



StillonH1B03-27 03:42 PMI was going through all the posts and I am surprised that there is no mention of Jayaprakash Narayan.

Jayaprakash Narayan(Doctor and ex IAS officer) is founder and President of LokSatta Party. If you are thinking its just another political party then you are completely wrong. Please go to www.loksatta.org to find out more about him and LokSatta party. And there lot of videos about him on Youtube and here is the one of the link to his speeches at Mumbai University

http://www.youtube.com/watch?v=t4xFCdOYTv4