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  • dvb123
    02-15 02:46 PM
    Dvb, did you read the ruling? It denies relief and says that:

    "We therefore join the Seventh and Eleventh Circuits in concluding that, in the current circumstances, the language Congress used precludes the INS from issuing a visa pursuant to the DV Program for a given fiscal year upon the expiration of that fiscal year. See Nyaga, 323 F.3d at 914; Iddir v. INS, 301 F.3d 492, 501 (7th Cir. 2002).8
    8. Had Coraggioso sought relief prior to the expiration of the 1998 fiscal
    year, our analysis may have been different."

    So this case is not helpful to us, though it is good for us to be aware of its existence.

    I read the end and it was unfortunate. I was talking about visa number reservation where they can reserve visa numbers for us in the future years based on the previous mistake they did. The court can compel USCIS to give visa numbers but maybe not in the same year but in a period of several years where there can put the newly applied i-485's on hold.





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  • garybanz
    02-15 10:32 AM
    Cyrus Mehta would be a very good attorney to consult on this matter, check out http://www.cyrusmehta.com/ for his details.

    I had contacted him earlier about the possibility of a class action against per country limits, he gave me a free consultation and basically told me why i did not have a case.





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  • ujjvalkoul
    08-30 11:14 AM
    Once you get ur Canadian PR, how long can we "not go" to canada. Will the PR expire if we do not land in canada??





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  • PlainSpeak
    01-13 01:27 PM
    I wish- Logiclife would answer this thread. He has a way to explain things and put things in perspective. He is very direct and I like that.
    Yes i have sen LogicLife's responses before and let me tell you i am impressed. Perhaps an reply from him will provide answers. Not to say that you yourself have not been eloquont. As i said before yours was the only sane answer i event got, but i reply to all because to respect a person is to respect what he believes in and i do that by replying back



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  • PlainSpeak
    01-14 01:16 PM
    PlainSpeak,
    I say this in the nicest way possible.

    1. Instead of wasting time by answering here on the post, do something constructive for your own gc (whatever that may be).
    2. If you do not believe in IV and what it does, you are truly wasting your time. Second, which IV provision do you not believe in - visa recapture? excluding dependents from being counted? removal of country caps? which one of these hurts your prospects of getting the gc?
    3. Watching cspan definitely gives a person a better understanding of what is happening. No questions about it. But it is a passive exercise, as there is nothing you have done or can do or will do to change the outcome of what is happening.
    4. Let us hope that this DV bill goes somewhere - what kind of activities do you suggest we should do to prepare for it? With specific details, you may be able to persuade people.
    Ahh my friend willgetgc you are back and thanks for asking nicely. That is really appreciated. Ahh i see that you still have a tinge of anger but no problem. this is progress

    1. Instead of wasting time by answering here on the post, do something constructive for your own gc (whatever that may be).
    Some one has to make it clear and by that i mean explicityly clear to you all that the fact is you people are not the only ones who can write eloquontly and articulate and idea. And that your mob mentality ganging will not work anymore, There are other peoples out there and they also have idea and this is the one way to make sure all you people read what is going on becasue my friend you all are reading. This is the first step. The next step would be discussion of an idea and so one

    2. If you do not believe in IV and what it does, you are truly wasting your time. Second, which IV provision do you not believe in - visa recapture? excluding dependents from being counted? removal of country caps? which one of these hurts your prospects of getting the gc?
    None hurt my prcopect instal All are good for my prospect but my simple statement is that nothing small has passed in congress so there is no gaurentee that anything big will pass so instead of hangng on to the same old ideas (We can all can go back to them when there is mommentum on it) it is time to think about new out of box ideas

    3. Watching cspan definitely gives a person a better understanding of what is happening. No questions about it. But it is a passive exercise, as there is nothing you have done or can do or will do to change the outcome of what is happening.
    It seems that you are way behind the curve here my friend. That was written a long time agao but no matter you read it that is important. To your question yes watching CPAN is a start, i agree a passive start but a start. The next step is active participation but looks like that is something which will not be allowed to happen by all the senior members and donors of IV

    4. Let us hope that this DV bill goes somewhere - what kind of activities do you suggest we should do to prepare for it? With specific details, you may be able to persuade people.
    Ok my friend this is being asked so many times and it is painfull (Physcially) to type it again and again and so i will do it just once more and i would request all IV members donors to read about it here not ask the qeustion again and again but refer to this section which i have highlighted

    I have some plans and ideas. I am sure it would be duplicates of what you intelligent people people have already talked about and maybe implemented in full. Now for me to talk about my ideas (which you ask because you doubt my intentions) i would say i also doubt you guys intentions. I get abuses and specially i have MINUS 2000 points (That many people hated my idea), so for me to talk about it i need some questionable action from you guys who gave me reds because you beleive i am wrong and now want me to explain myself but you yourselves will not change you attitude or hostility





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  • vamsi_poondla
    02-14 12:51 PM
    Watch and see how fast the Michigan government will start issuing DL to H1B holders and to those who has pending I-485.

    http://www.aclumich.org/modules.php?name=News&file=article&sid=567
    https://www.aclumich.org/pdf/licensecomplaint.pdf

    A new ruling is different than challenging an existing rule. So, we cannot compare with DL Issue. Name checks, I don't think it is logical. But at the same time, it is not with sinister design as well. Latest memo doesnt admit that they introduced this to screw us. It happened consequentially due to delays, less funding allocation and other processing slack. (BTW, I think MI IV Leadership team did a wonderful job for the DL Issue.)



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  • rghangrekar
    02-13 10:26 AM
    I cannot agree more with the posts from lord_labaku and kuhelica2000. In 2000, during the startup boom I used to work with so-called "experts" in say java that would have a inflated resume, but absolutely no knowledge of what is happening. I am sure based on how their resume was structured, all of them are in the EB2 queue (I am in EB3 BTW). Last year in Nov, a group of us were talking about GC wait times when a friend who was about to apply for labor quoted..."but I do not need to worry, I am applying in Eb2". I have seen posts on this site where people have solely focussed on EB2. If EB2 becomes current, then these dudes would stop supporting IV....

    Removing the limited quota per country seems to be the ideal solution. But it would help if we do not focus only on the category our application is in. It would help if , after some of us get our GC, we still continue our support for IV.





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  • thomachan72
    01-14 07:03 AM
    This news has left a lot of our members without sleep I guess. There could be somany people who might be involved in such contract comapanies. At some point we will have to decide between; Can I/we do something about this or how do I prepare myself for such an eventuality.
    I think IV members should work with AILA by offering support and seek their advice on how to understand and face this issue. Some of our members pointed out the AILA is working on this issue so let us contact them first.
    If it seems worthy enough to write to the USCIS directly (properly crafted letter not just self pity) highlighting the importance of sustaining the H1b while ofcourse preventing abuse. Highlighting that H1b is a boon to this economy and taking away jobs from one person does not essentially create job for another. The person was hired by the company/industry in the first place due to a lot of economic reasons that only a true capitalist would understand. Cutting of H1b/labelling H1b as evil and targetting it to destroy the efficacy of this system is actually socialism and this is what needs to be made very clear to the officials.
    They cannot over regulate the "immigration for economic reasons". If they do they are actually destroying the very basis of growth and are "thinking socialist".



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  • akred
    02-15 04:32 PM
    What is the basis of your claim my friend?

    No claim, just fact. Sure, you can dress up a pig, but some people will still see it for a pig.

    http://en.wikipedia.org/wiki/Immigration_and_Nationality_Act

    Racial restrictions which previously existed were abolished in the INA, but a quota system was retained and the policy of restricting the numbers of immigrants from certain countries was continued.





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  • voldemar
    03-29 03:02 PM
    OK, I've done some more homework and this is what I found in the proposed rule text:

    Basically it says that the rule applies to:

    (i) pending labor certification applications and
    (ii) approved labor certification which have not yet been filed with USCIS

    So it looks like you won't be affected if your case is already pending with the USCIS.Good catch!



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  • oguinan
    02-14 12:19 PM
    The debate is interesting for a couple of reasons. First, it demonstrates that the EB system is very complex and any change causes ripple effects throughout the entire system. Second, we cannot talk to elected representatives about the immigration system if we do not have a complete understanding of it. We have to go into discussions with the idea that we have made a complete assessment of the impact of our proposals, that we recognize the issues and risks involved in each proposal.

    The 485 filing without a current priority date is a really good example of the kind of debate that should be happening here. It would be nice if we could provide interim benefits to people who have been waiting for a long time to get a green card. Allowing anybody with an approved labour certification to immediately file for their 485 is clearly a bad idea given the constraints of the system as outlined by unitednations. We could make a change in our proposal so that only people with, say, a five year old priority date and an approved 140 could file for their 485 without a current priority date.

    This is one of the most constructive threads that I have followed on IV over the past few months - good job all round.

    oguinan


    It is an important topic.

    Reason is:

    2005 and prior; certain countries went over their limit. If they hadn't gone over their limit then EB3 would not have gone unavailable. If EB3 would not have gone unavailable then EB3 ROW would have much more advanced dates. Countries cannot go over their 7% limit now until ROW eb3 essentially gets current. If they had done it in the past then maybe eb3 row would be current and the other countries can go over their 7% limit and their dates would also have advanced. Due to what happened in 2005 the dates are further back for everyone then they should have been.

    How it is working and how it is supposed to work is important in people making their decisions; ie., should i file in eb2 or eb3?

    What is impact by eliminating the 7% limit

    What would happen if there is 485 filing without priority date being current and there is a hard cap of 7%. There would never, ever be unused visas for china, india. They would have never ending retrogression.

    For people who constantly watch visa bulletin; the dates won't move forward until fourth quarter when eb1 and eb2 visas get spilled over.; so no sense in waiting for it so eagerly.





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  • Lasantha
    09-29 11:07 AM
    Yes, it is. I used it when I went to get my Canadian PR validated in June this year. Are you flying or driving? Make sure you do not surrender your I-94.
    Take a letter from your employer and recent paystubs just in case. (They didn't ask for them but take them anyway).
    I assume you know all the conditions?



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  • at0474
    12-14 05:41 PM
    What if only few countries ONLY can supply the required skilled labor sufficiently and no other countries countries can?

    Then the numbers get distributed among those few countries that produces required skilled labor. To some extent, I thought this is already happening!!:rolleyes:





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  • panini
    05-11 05:16 PM
    Yes, I have seen this and more than enough LTTE sponsored propoganda web sites. This is nothing new. Just beware, do not believe everything you see. Do your own research and form your own opinion.

    Read this report if you have time. This will tell you why the problem in SL will be there for ever. Again i am not supporting LTTE.

    If SL does not change then someone else will come even if there is no LTTE.

    http://tamilnational.net/images/2009/april/Asia/TamilNational_Genocide_Part_I.pdf



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  • ilwaiting
    10-05 09:03 AM
    Check this out. http://www.notcanada.com/





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  • pmat
    04-09 10:36 AM
    I have some questions about the Canadian immigration application:

    1. Birth certificates: They are asking for the Birth Certificates with the application. I and my wife don't have our birth registered in India. Can we provide birth certificates that the Indian embassy sends for this purpose? For US I-485, we were planning to use Non-availability certificates.

    2. Experience Letter: Will a notarized letter from colleague work for showing work-exp in India. Please note that I already have over 4 yrs of experience in US after that - for which I will manage to get a work exp letter from my company.

    3. Status in US: My H1B is valid until Oct 2009, but I don't have the visa stamped on my passport (last H1B visa stamp expired). Can I send a copy of I-797 to prove my status? Also, my wife's F-1 visa has expired but she has a valid I-20 until Dec 2007. Can I send copy of I-20 for proving her valid status in US?


    I would really appreciate if someone can provide insight in these concerns.


    Thanks,
    pmat



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  • at0474
    12-14 05:41 PM
    What if only few countries ONLY can supply the required skilled labor sufficiently and no other countries countries can?

    Then the numbers get distributed among those few countries that produces required skilled labor. To some extent, I thought this is already happening!!:rolleyes:





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  • sidbee
    01-14 01:49 PM
    V true.

    Folks, the memo clearly empowers USCIS to crack down on consulting firms which don't have any in-house infrastructure (other than contractors) to execute projects.
    H1B is misused for a long time now by these firms and it was high time they put the screws on these "job shops" as they call it. Unfortunately some talented workers will get impacted.
    But if they are talented they will find opportunities elsewhere. Trust me on that. And better opportunities.

    Nathan is exactly right. These firms have created a mess by bending rules everywhere.

    Don't start speculating that USCIS is trying to throw out all immigrants from this country. I'm surprised that folks don't take a proper view of the situation (yeah..bring the reds on and call me an anti-immigrant).

    At-least somebody is talking sense.
    I think, USCIS is taking the correct steps to prevent the misuse of the H1B Program.





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  • meridiani.planum
    10-07 05:28 PM
    I 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


    3rd Q spillover numbers are too optimistic. 2006 alone has ~20k pending EB2I. you are assuming whole of that, plus 1 quarter eachfrom 05 and 07?





    pravarupa
    07-14 09:33 AM
    My Priority date is Jan 2006, EB2-India category having approved I-140. My husband is in EB3-India having pd Jan'2004, already applied I-485 (140 is approved) and got his EAD and AP. He is already using his EAD. I am a dependent in his I-485 but did not use my EAD and still continuing on H1-B.


    Since my case is EB2-India which is going to be current in August'2008. Am I eligible to apply for I-485 me being the primary and my husband being my dependent? If so would there be any problem when USCIS adjudicates my case?


    Will there be any movement for EB3-India in the coming year?

    Your valuable response is highly appreciated.





    chanduv23
    02-13 06:27 PM
    hopefulgc - please dedicate some time and update your first post with more information on lawsuit, you may want to quote lazycis 's posts and other information.

    A lot of people may not be very knowledgable and may backoff when they see the word "lawsuit".

    Those who are saying YES on the poll - it is assumed that you will not backoff - if you have not yet updated your profile on IV - please update your complete profile - this will show that you can be counted on.



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