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  • trueguy
    07-27 07:29 PM
    I agree. If "vertical spillover" occurs again, the only benefit would go to EB3-ROW.

    It is very very difficult to convince anyone to overflow EB2 ROW -> EB3 ROW -> EB3 I (leaving EB2 I out of loop). (eventhough USCIS did it in past)

    If someone tries to re-interprete, it will end up like:EB2 ROW -> EB3 ROW -> EB2I -> EB3 I, still no real benefit to EB3 I; only EB2 I will loose with some benefit to EB3 ROW.

    Bottom line is, we need more visa numbers and that's what we need to campaign for. May it be recapture, or STEM exemption or anything else.

    I am not saying this just because I am EB2, but these are the facts. Additionally, there is a big chance of new immigration law as soon as new president comes (likely some form of CIR) and we need to be prepared to have our agenda included in that; rather than splitting ourselves.


    Earlier it was like this:

    EB2 ROW --> EB3 ROW

    If any left over after that then remaining numbers were equally divided between EB2-I/C and EB3-I/C so both EB2-I and EB3-I were getting equal share of spillover. Thats the way it should be.




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  • venkygct
    08-18 10:15 PM
    My wife has got her EAD approval email today...We applied on July 22....

    EB2, TSC
    PD - 10/2006
    Applied on - July 17, 2008
    Receipt Date - July 22,2008
    No LUD
    Card Production Ordered on - Aug 18th, 2008




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  • jobforme
    07-10 12:33 PM
    How about we come up with a skit where we can reenact the drama about the whole episode in a funny way. Where we can have people portraying roles of USCIS Director, Secrtary of State, Immigrants calling franctically to India to get their documents, parents running around to get doucments, the start of rumor, the employees of uscis working on sunday to adjudicate the cases, then the flip flop of DOS. etc. Then we can put this on youtube and will attract publicity.




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  • apb
    09-07 02:53 PM
    Scene at Consulate
    IO:--> Dear applicant, You can apply for a long process to getting your PR/GC and here are the deals. Apply with high fees. Get RFE answered within limited time frame or loose. Wait for labor (go through labor pain..:-) ), do not get/expect promotion, Oh ya get your well educated spouse, Make them sit at home, make them feel unproductive, pay all your taxes, pay your social security BUT do not expect anything back, In the process if your kids age out separate them from you (send them back), If you wish to study pay highest fees, if you get promoted stand in queue again, pay frequent medical fees, AP, EAD fees, and yes YOU can always TRACK RNs for them. You can whine, post your opinions, when we change policies on the fly and create more hardships even if you have stayed here for more than 6 years, you can call up our customer service, be imaginative and get to level 2 and still get yelled at, asked to wait for 90 days (std reply), etc, but you can always go to good forum like IV and instead of working on your cause, create confusion, DEMAND action, not contribute....etc.

    H1B applicant:--> SO WHAT IS THE CATCH.

    IO:--> YOU THA MAN. Welcome to USA. Land of the free home of the brave. But for you there will be no freedom and for your type..stay in fear.
    ------------------------------------------------------------------------



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  • trueguy
    07-28 10:48 AM
    This thread was opened for working on Action Item. EB2-I community is giving all stupid reasons to divert us from our Action Item. Please stay focused and lets work on Action Items.

    We already sent petition to support those three bills. What else shall we do now. We are running out of time and only few days left before Congress goes on recess (or whatever the term is). WE MUST ACT NOW.

    Thanks.




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  • laborchic
    07-06 04:46 PM
    Does IV Core have a say on sending flowers??

    how about sending it to Michael Chertoff and Condelezza Rice??



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  • GCard_Dream
    12-11 11:54 AM
    Can't agree with you more. Since 9 or so mandatory spending bills are pending for 110th congress and it will be the first order of business when congress opens in January, including minor provisions like these, which doesn't require any visa increase, should be considered as a possibility and pursued. If we just want to hit jackpot, it may not be happening anytime soon.

    Well said actually!

    From the past couple of years and efforts it is VERY clear that any kind of Quota Increase is a BIG no no with the Anti-immigrants. This now divides the IV users into 3 groups

    1) This group has already applied for the I-485 a Long time ago but has not seen their GC in the mail yet.
    2) This group has not been able to file for I-485 coz of retrogression.
    3) This group is stuck in Labour Certification stage and cant do anything about it.

    How about for starters if we try and alleviate the pain of people in groups 2 and 3, i.e. ask for people to be able to apply for stage 3 (and ead etc) without the PD mess. For the labour people we ask for a similar benefit. As for group one, well i know that you guys do not benefit under this, but consider this, you are already in a much better situation than the rest of 2 groups. I know you have to go for fingerprinting etc and renew the EAD every year, but consider this: People stuck in LC and stage 2 have to spend much more on renewing H1/H4s coz of lawyer fees. Maybe, if we reduced our demands to asking for 3 things

    a) Filing for stage 3 regardless of PD
    b) Relief for people in the LC mess
    c) Fingerprinting one person just Once (i mean fingerprints dont change do they?)

    This might go under the radar as no quota increase is being asked for. I know this point has been discussed ad-infinitum before and we concluded that no more band-aids for the immigration process, let us get a permanent solution. Well permanent solutions take their time, especially with a Much more powerful lobby opposing those changes. For all we know this permanent solution may NEVER go through. Lets face the facts here:

    1) The big corps are pushing ONLY for H1B increase.
    2) Anti-immigrants are opposed to ANY kind of increase in numbers.
    3) Currently the political climate is such that it is either, deal with legals AND illegals or nothing at all.
    4) Currently FAR bigger problems stand in front of the lawmakers such as the war, stem cell, abortion etc etc etc.
    5) Currently the average American is OPPOSED to even legal immigrants for fear of losing their jobs to them.

    In light of all this, does it make sense to go for a Comprehensive Permanent solution or does it make sense to ask for smaller tid-bits and treat the other costs we incur as "costs of doing business"? I mean atleast if the husband and wife Both have H1bs and jobs, you will still be making a ton of money. U use things like approved I-140s to switch jobs with 3 year extensions or u use the EADs. Let us seriously think about this solution.




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  • javadeveloper
    07-20 02:15 PM
    looivy, Please have a conversation and don't turn this into a pissing contest.

    What the other post said is very true. We have 45000 members in this board, a significant majority of them are EB3. Even if 50% of the members 22000 (as an example ) contributed 25$ each, IV would have more than half a million bucks. With this money EB backlog plight could easily come out in mainstream media. Just because you, as a person, contributed does not mean all of EB people are contributing. Realizing our problem is the first step in solving it. Problem is people are not willing to contribute to IV, either their money or time, but want issues solved. Doesn't work that way..

    Again the original poster is correct in his statement.

    my .02$

    Correct me If I am wrong

    out of 45K members let's assume 22.5 K are EB2 and 22.5 K are EB3.

    Even If 11.25K (EB2)+11.25K (EB3) = 22.5 K (Total) contributes $25 Each Problems gets solved ... but the catch is ....

    Even 11.25 K EB2 members are not contributing because they don't have to as their problem is solved

    Even 11.25 K EB3 members are not contributing because they are not sure even with this contribution their problems gets solved.

    Many people are saying that EB3 members are not contributing that's why you are lagging etc...

    EB3 Members who contributed are feeling the pain because even after contribution they are not getting the results and EB2 members who didn't contributed are getting the results...



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  • alterego
    03-08 06:27 PM
    Very well written. I can tell you through my observations of living in this society for 35 years:

    1) People leaving because of long wait is a losing argument. Available information doesn't back it up. We have had severe retrogression since 2005 (h-1b quota cases have finished in matter of days)

    2)USA is destination of choice. 9 million people file through greencard lottery for 50,000 slots and the main populated countries aren't even eligible to file (ie., India, China, Pakistan, Canada, etc.)

    3) Call it what it is: Employment base immigration is least impacted. It is the only class of immigrants who are allowed to work/live in USA while they wait for greencard. Just about every other class has to wait outside until their number is called. This is number one impediment to EB grievances.

    4) Stating that one is paying taxes, etc., is also losing argument. You are comparing yourself to the people who are here unlawful. Paying taxes isn't some virtue, it is the law.

    5) Country quotas is fundamental to US Immigration. Getting rid of it for one class; ie employment base without looking at the whole thing is waste of time (ie., lottery, family base, etc.).


    Now I don't want to get people upset but let's look at some things that have happened since 2005:

    There was considerable debate on immigration.com of how the country quotas work and spillover of visas. Depending on how you read the law you would keep coming up with different conclusions. One way was to look at it as hard cap of 7% across all 140,000 visas that is 10,000 or so and it didn't matter about eb1,eb2, eb3. Any unused visas from ROW in EB1 would not go to india but rather flow down to eb2 row and then eb3 row. That s unused would go vertical instead of horizontal.

    In uscis fiscal year 2004 eb3 went unavailable in summer of 2005. Statistics showed that India went well over their 7% limit.

    In USCIS fiscal year 2005 we had severe retrogression for India. Visa bulletin states that spillover will be vertical instead of horizontal. Statistics showed that India only received 10,500 visas

    Now, fiscal year 2006 . We have slow movement in visa dates; it appears that they are going vertical with spillover. However, in July 2007 they make it current for everyone and India goes over the 7% limit.


    Fiscal year 2007 it appears from visa bulletin that they are going to go horizontal instead of vertical. No statistics yet of how much went to India.

    Therefore; department of state has changed policy, interpretation without law change. Talk to many lawyers and they will tell you that spillover is supposed to happen vertical instead of horizontal. indian nationals have been benefitted greatly by department of state changing it on their whim. You don't see many people from ROW on these boards bellyaching about this; or contacting senators, or threatening lawsuits do you?

    This is something to think about? As people keep highlighting this issue and if they continually point it out to lawmakers and someone from ROW gets the birght idea to challenge department of state then it will make it worse for India. I don't foresee any change whatsoever in country quota limits; mainly because it is fundamental to immigration and fundamental things don't change very easily.

    In defense of the EB2I argument thought UN, I could argue that the Horizontal spillover was right all along and it was EB3ROW that benefited since 2005 at the expense of EB2I + C.
    As you rightly point out, there is room for interpretation in the way the law is written, and that is why we keep having this discussion. I remember vehemently having this discussion with you on immigration.com. The bottom line is I am still waiting having been "current" twice since that time, I believe that there are many Eb3ROW folks with PDs later than mine that have sailed through ahead of me! The interpretation view of spillover over the last year is the only thing that gives me any hope near term.
    In the mean time, those like me have dealt with a barrage of other processing changes that have also affected EB2I ie Labor Subs., Eb3-EB2 jumpers, the July VB fiasco impact on older 485s etc. Not sure about the exact extent of each, but nonetheless, you feel screwed by the system when your 485 is pending for near 4 yrs.
    This is one harrowing experience everyone wants to forget once they get greened. Thanks for sticking around with your valuable insight.




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  • akhilmahajan
    02-09 11:30 AM
    Original Transaction
    Date Type Status Details Amount
    Feb. 9, 2009 Payment To Immigration Voice Completed ... -$20.00 USD

    Related Transaction
    Date Type Status Details Amount
    Feb. 9, 2009 Add Funds from a Bank Account Completed Details $20.00 USD
    Business Name:
    Immigration Voice
    Email:
    donations@immigrationvoice.org

    GO IV GO. TOGETHER WE CAN.



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  • pani_6
    09-09 09:12 PM
    Assume that we convert to EB2 from next week..how long would it take to get to the I-485 stage.??..given an ideal scenario of no audits..PERM 3-6 months and I-1140 can we expidite??. in 15 days..

    Please help with answers..:)




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  • humdesi
    12-17 10:24 PM
    Moderators,
    Please merge this thread with the other depression thread. Don't let collective wealth on depression therapy advice get lost.



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  • joydiptac
    07-21 04:02 PM
    I am not interested to pursue this, nor do I have the ability to lead this effort. Plus I am very happy with the effort and the work IV is doing. Which is not for a specific category but a more general appeal. I support that.

    But for those who are interested - EB3 (India and ROW). The way USCIS is interpreting the law of spillover, can be easily challenged, because this goes against the spirit of the law. If EB2 and EB1 were to be given special preference at the I485 stage, then clearly they would have been allotted a larger quota to start with. should be a strong enough case for a Class Action Law Suit. Looking at the times that some people have been waiting and are expected to wait this is clearly an option to try out. IV or without IV. :)




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  • jsb
    09-05 10:50 AM
    ...
    My question to you is " Will TSC send the receipt number documnets directly to me or to my Attorney?"

    Thanks

    You authorized your attorney to be your legal rep (form G-28), so receipts will go to him/her



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  • Amma
    02-24 08:07 AM
    Thanks for your help the common cause.

    Keep it up.




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  • thomachan72
    05-23 08:25 AM
    You seem to be acting more in your interest than larger good of the members of this community. You have been quietly browsing all this time and suddenly became a member and starting whining and complaining of what IV is doing. You don't need to get hyperactive and start freaking out. Relax and do what IV is requesting you to do at this time. There are a lot of items & issues IV is working on and they have prioritized some of them as very important which affects the larger members of this group. These important ones are what they are concentrating for now. If you do not like what IV is doing, you are more then welcome to move on and do what pleases you. But please stop discouraging & instigating other members with your stupid comments.

    I apologize if the post sounded discouraging / instigating to members. I do completely support IV team, particularly because it is a collective decision made by a dedicated group which certainly would be much more wise than what I think with my limited awareness on this whole issue. Yes indeed as somebody pointed out--if the backlog is removed completely there would not be a need for H1b 3 year renewal.



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  • satyakb
    02-21 09:38 PM
    Contributed $50.00

    Transaction ID for this payment is: 1JR0904727135042B

    Immigrationvoice.org support is very appreciated.




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  • twinbrothers
    07-09 05:08 PM
    All:

    I am driving from Los Angeles to Bay Area on Friday (13th) evening to join the protest. I can accomodate 3 people to join the protest. You will have to find your own accomodation. Only those who are seriously interested in going for the Immigration Rally will be given a ride. I will be leaving from Pasadena, CA around 7 pm. If you are interested in this , please email me at twinbrothers@gmail.com.




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  • maag
    04-10 02:29 PM
    did anyone did canada landing having no or expired visa & already used advance parole( i used advance parole for travel to India and my i-94 shows my status as AOS)

    I am still not able to decide on whether to give up canada landing or not.
    Had spent 6K to do all these and when its time to land........... lot of confusions

    Just can't decide what to do....i see no timeline as to how long GC will take.




    trueguy
    07-25 11:49 PM
    Did you send out the latest letters...I am getting a positive feed back ..that approximately at least 500 letters have gone out..we started to make noise.. and we will see the results eventually...More action items will follow in comming weeks..Dont forget the high five though campaign though ;)




    http://immigrationvoice.org/forum/showthread.php?t=20452


    Nobody is even talking about EB3-I. Since congress is supporting EB2, we EB3-I won't get any relief bcoz all big companies are happy to see EB2-I getting approved. We are left alone and nobody to help us..........




    unitednations
    08-25 02:03 PM
    I agree it is wrong ...but let us look from the employer point of view ...mostly such employers are small companies trying to survive ...they have to balance 2 acts ..get a consultant and then find him a project soon..both are unknowns ..i.e. his consultant may get a h1 and then that person on h1 maybe smart enough to get a project ..it is difficult and these companies do serve a purpose i.e. they give entry in to US for many consultants ..who then jump after getting some experience.

    The issue boils down to this:

    Companies want to retain the employee as long as they can

    consultant wants to leave as fast as they can

    company wants to pay the least

    consultant wants the most pay

    Above four issues can be dealt with.

    However; off of a project; company doesn't want to cancel h-1b (their investment, don't want to pay salary because it is cost prohibitive; many consultants want to go % basis as soon as they can and that is very little to pay people who are on bench). company tries to tell consultant to transfer h-1b or go back to home country and wait for new project. Consultant doesn't want to go back (they have their life here; kids going to school; car payments, friends, etc.).

    It is a pretty easy solution from a company point of view; we don't pay bench but as soon as you are off project then you gotta go. People will beg and plead not to go; they will then try to transfer h-1b to another company without a job.

    A lot of this has to do with person not wanting to leave and do everrything possible to stay.



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