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  • eb3_2004
    02-14 03:28 PM
    Here is my 2 cents on this

    Lets say the interested muster around plaintiffs and sue USCIS. Also, The court agrees that USCIS did not do its duty. Will the court go to the extent of ruling over INA which clearly says that unused visa numbers cannot be recaptured? Will the courts/judicial system set such a precedent where they will go against law just because the agency failed to implement it correctly? I don't think they will set such a precedent by overruling against the law set up by congress and the President who signed it. By long shot, Can the court recommend congress to fix the situation by changing the law and by allowing recapture? Possibly. Does that help and fix our issue?

    If lawsuit/court cannot make USCIS use the numbers, how can USCIS admin fix do this?.. I am not fighting here (I sent my letters already!!!)...this just came to my mind...





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  • chanduv23
    07-21 03:31 PM
    After participating and running so many campaigns on IV, it may not be a bad idea to run a campaign to addrss the same

    Just like we successfuly eradicate "SMALLPOX", we can do something like eradicate "AMMWAY MENACE"

    Reqruit volunteers who would act like ammway victims

    Volunteers will collect all information about this ammway guy, his picture (so easy with BB, iphone etc..) , his location , his manners etc....

    Post all their information on a website.

    Have a mobile app wherein one can key in some details about a ammway guy and gets a response back.

    Make a database of al these people - ridicule them openly on the website - circulate the website to all websites so that others see them.

    They will then realise how much they are hated for what they are and what they do.

    At some stage, this menace will stop.





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  • life99f
    06-27 12:25 PM
    I just asked my attorney this morning. She thinks it is possible. She got a
    note reagrading the EB-3 category two weeks ago...

    ===>EB-3 Other Worker Visa Availability Update posted Jun. 15, 2007

    USCIS has informed AILA Liaison that the State Dept. has advised that the EB
    -3 Other Worker category has been exhausted. USCIS HQ has informed the TSC
    and the NSC to reject EB-3 Other Worker adjustment applications even though
    the June Visa Bulletin shows visa availability. AILA believes this
    instruction is contrary to 8 CFR 245.1(g)(1) and has raised the issue with
    USCIS HQ. Watch InfoNet for further developments.





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  • smuggymba
    01-16 02:17 PM
    Shaant bhaiyon shaant. Take it easy. Lets get back to the topic.

    I hope that this memo is not mis-used to affect the good apples, that's it.



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  • unseenguy
    06-16 06:51 AM
    Easy for you to say when you are applying for your citizenship. You sir, are an idiot. And if you were really on H1 for as long as you claim, you are a mean idiot, no less.

    Retrogression is a scar on the face of EB immigration.

    Thats the reason every immigration bill so far related to EB has tried to resolve this issue. Anyone who says retrogression is good is either misinformed or a pychopathic specimen that needs instant mental evaluation, followed by treatment and observation in an asylum. The observation should continue for as long as it takes a typical EB3-India case to get approved. To paraphrase your quote: "The truly cured would still be observed until their turn for release comes"

    I agree with you. This guy applied his GC in 2001 and got it in 2003. In just 2 years. He made a stupid decision to leave MSFT and then lost 3 jobs in a short span. He is some nut mental case who is happy seeing others getting screwed. Maybe he works his way up by pushing others down.





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  • hiralal
    06-15 09:36 PM
    Just hang on to your jobs or find a job if you loose one. You will get your GC. GC shouldn't stop you from pursuing your interests buying house or starting a business, there are always ways to do it.
    I am guessing that your intention is good but the advice is BAD (to put it mildly).
    Find a new job if you are on H1 / or even EAD -- first try the same and then let us know.
    regarding buying house - if you are welder from Korea - sure go ahead even if you PD is 2006. if from China / India -- just forget it for the time being ... it will add too much stress in your life ..better have the money in liquid form. it is good to be optimistic but you need to be a realist first ..as others have said, if they cannot print a plastic green card for you then it is foolish for you to invest your hard earned money in real estate



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  • vdlrao
    07-24 09:12 PM
    EB2 India will move very fast till 01 JAN 06 as because based on June 2007 bulletin, just before the july fiasco,( http://travel.state.gov/visa/frvi/bulletin/bulletin_3236.html ) the PD for China is 01 JAN 06. That means in EB2 Category except India and China every other country is current. So till India reaches 01 JAN 06 PD in EB2, all the spill overs will be moved to only EB2 India(based on the priority of oldest priority date). By the time India EB2 reaches 01 JAN 06, China PD in EB2 will move further from 01 JAN 06 by using its 7% quota. So Inidia PD for EB2 again moves fast till that changed China PD using the spill overs. After that India and China will share the spill overs based on the PD priority. All this happens if and only if the USCIS works effectively and uses all the available visa numbers for the present fiscal year. My prediction for EB2 India PD is, it touches 2005 /even cross few months in 2005 by the end of this year if USCIS works effectively.

    http://immigrationvoice.org/forum/showthread.php?t=4285&highlight=vdlrao&page=99

    See the post that I have posted about EB2 India movement on 06-09-2008.





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  • pappu
    01-24 12:16 AM
    not just 5 years,
    make it a retrogressed date for coming out of prison for such people. They will understand what retrogression is and will wait endlesslessly for their date of freedom to become current.:)
    stay in jail forever and when the date becomes current ... go back to the home country empty handed to start all over again.

    btw, everyone filing GCs from small companies need to be very careful. Some members are asking about company A or B on the forum these days. You need to directly ask the employer all these questions before joiniing them. Sometimes even after approval of 140 or even till you get the actual GC your application can be denied for GC if:
    - The company is found to be fraud/ involved in any fruad by USCS or DOL
    - the company has excess GC applications and cannot show ability to pay (company profitability per year) for all of them. Small companies typically may be involved in wrongh tax practices by hiding their actual profits. The company may have filed several GC applications and sometimes initial applications may get approved but later can be denied. IN that case USCIS can also deny all previously approved applications.
    - The company is H1B dependent. (more H1Bs . There is a percentage defined by USCIS). Ths will raise red flags in their system.
    - The applicant is related to the owner of the company. This also can be a reason for denial and red flagging of a company for all other applicants.
    - Physical location and legitimacy of the company. In the past some applicants applied through companies in Maine even though they were not working in Maine. This was to get faster LCs before the Perm process started. Sometimes such cases also raises doubts.

    Be careful with every step you take. GC application is very important and you do not want to take such risks and regret later.



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  • maalelsi
    02-12 06:09 PM
    :DI just got home from work and logged in and I thought I was dreaming !!!!!
    My priority date is June 2003!!!!! I already have approved petition and AOS. When should I be expeting my GC in the mail considering no need to wait for FBI check any more ?





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  • shree772000
    09-04 01:38 PM
    May he rest in peace...



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  • looivy
    03-27 02:35 PM
    Your party has to win first before you can become a PM. Right???
    How do you know that any of these guys will be a PM before their party wins. This is not Indian PM Idol.





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  • alisa
    07-03 11:33 PM
    Dear Senator XXX,

    USCIS and DOS played a cruel and gut-wrenching joke with the lives and feelings of hundreds of thousands of employment based greencard applicants.
    At first, DOS announced that visa numbers were available for July 2007, and so all applicants could apply for Adjustment of Status.
    Hundreds of thousands of applicants, with high hopes, went through hardships collecting documents and spent money in the month of June. People flew in their families from outside United States, and cancelled trips so that they could file for AOS.
    However, on July 2nd, the first day that USCIS could accept the applications, DOS declared that the visas were unavailable, and USCIS announced that they would reject all applications.

    How did this happen?
    USCIS worked feverishly to issue greencards, so that it did not have to deal with the applications that were going to be filed in July. According to unconfirmed reports, USCIS gave out 18000 employment-based greencards in the last day of June. USCIS does not even succeed in giving out 140K employment-based greencards in any given year.

    Please see this:
    http://www.prlog.org/10022648-no-celebration-for-thousands-of-highly-skilled-future-americans-this-july-4th.html
    And this:
    http://www.forbes.com/feeds/ap/2007/07/02/ap3879453.html
    And this:
    http://www.nytimes.com/2007/07/04/us/04visas.html?ex=1341201600&en=fbf9eb2e25eac42e&ei=5124&partner=digg&exprod=digg

    It is being suggested, though it still remains to be confirmed, that USCIS actions were either illegal, or a lapse in national security.
    http://blogs.ilw.com/gregsiskind/2007/07/full-blown-scan.html

    Representative Lofgren has issued letters to Secretaries Chertoff and Rice asking them to explain the behaviors of their departments.
    http://lofgren.house.gov/PRArticle.aspx?NewsID=1808

    We hope that you would also demand answers from USCIS and DOS. We also hope that congress would pass legislation to ease the pains of the employment based greencard applicants, like SKILL bill.
    I look forward to hearing from you, and will gladly post your response publicly to share with other employment-based greencard applicants.



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  • Hassan11
    07-11 04:20 PM
    Here is his email address: moyersonpbs@thirteen.org.
    Plese send him stories about the VB fiasco and also all your stories about working in US and deciding to move to Canada because of immigration broken system. I am pretty sure, if he receives enough articles, he will do a program about this. Please email him as many stories as possible.
    Good luck to all





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  • bsnf
    07-10 11:08 AM
    Good Luck.

    I think you should publish your story.



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  • tikka
    07-04 07:42 AM
    Thanks for your diggs. If you go and check the Upcoming stories tab - it has made it to the top in "Hot in All Topics" list...

    keep digging....

    http://digg.com/politics/U_S_Withdraws_Offer_of_60_000_Job_Based_Visas_Ange ring_Immigration_Lawyer/who 170 DIGS

    http://digg.com/politics/Rep_Lofgren_Issues_Statement_on_Updated_Visa_Bulle tin 316 DIGS

    http://digg.com/politics/USCIS_Visa_scandal - 134 DIGS





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  • mmk123
    09-04 11:46 PM
    May YSR's soul rest in peace. I am not YSR fan but he is no more... So what good, what bad?

    Pls, it is cheap to reveal anyone's identity, posting personal details, and this kind of behavior on these posts. Pls stop bickering... In the free country like US, be tolerant enough to listen to others even though you don't agree with a person.

    IV core, pls delete this thread, it's disgusting and embarrassing.



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  • amsgc
    07-03 10:39 PM
    Here's my take for reporters/commentators - Request for review and feedback

    Dear Sir/Madam:

    I am writing to you with regards to the predicament of the high skilled immigrant community in the United States, waiting patiently for their Green Card. I understand that you have been closely following the immigration debates and thought you may be interested in discussing among your readers and audience the latest volte-face by the US government.

    At present there are hundreds of thousands of high skilled law abiding individuals currently residing in the United States, whose “employment based” petition to immigrate has been approved by the USCIS, of the Department of Homeland Security. Due to the arbitrarily set limitation on the number of skilled immigrants admitted each year, and the severe backlogs in processing cases, these immigrants cannot adjust their status to permanent residence.

    On June 13th the Department of State issued its monthly Visa Bulletin inviting “all” these high skilled immigrants to file their application for the final stage of the Green Card process, beginning July 2nd. This sent a positive message to the immigrant community who, after years of agonizing wait, finally felt closer to realizing their American dream.

    The immigrant community, and their employers, invested valuable time and money on preparing the application forms, getting a medical exam and procuring supporting documents so that their application could reach the USCIS on time. News papers and journals around the world covered interesting stories of how parents and other family members were searching for birth certificates, immunization records, affidavits, etc so that their emigrant family member could have a better life in the United States.

    The USCIS, on the other hand, worked so hard through the month of June that it approved about 60,000 cases for adjustment of status, thereby using up all the immigrant visa numbers available for the current fiscal year. It is reported that the service approved approximately 18,000 cases on the last day of June! The Department of State, who is responsible for making the visas available, was forced to issue a revised bulletin on the morning of July 2nd to indicate that no more visas will be available for this fiscal year. As per policy, if no visas are available for the fiscal year, the USCIS stops accepting applications!

    The end result of this turn of events is that for the latter half of the month of June, the immigrant community spent hundreds of millions of dollars for their application - on hiring lawyers, taking unnecessary immunization shots, having family members run from pillar to post to collect old documents, only to hear the USCIS announce on July 2nd that it was all for nothing.

    It is hard to believe that when the Department of State issued its Visa Bulletin in June, it did not consider the amount of pressure the USCIS would come under in July. The USCIS on the other hand, could have certainly discussed the Visa Bulletin with the Department of State so that a limited number of applications would be accepted in July.
    The fact that it took eight months for the USCS to approve 66000 applications, and just the month of June to approve 60000 indicates two things – one that it intentionally preempted the avalanche of cases in the month of July, and second its complaints about lack of resources to adjudicate backlogged cases do not seem true. If the USCIS was intentionally working in over drive to avoid accepting cases in July, why did it not share this information with the department of state and request a revised Visa Bulletin?

    The immigrant community is extremely upset with this cruel joke played out by the Department of State and the USCIS. It is yet another indication that despite our contribution to this country, we are not welcome. Unfortunately, we don’t have a vote, and therefore cannot bring about a change without your help. These callous actions should not go unnoticed; the American citizenry must demand for transparency in its government’s functions.





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  • msp1976
    02-13 02:50 PM
    I don't think so. 7% limit has been there for a very long time. Unused visas from prior years for ac21 purposes were still subject to 7% in current year. The 7% rule was unchanged.

    It seems that you think that the unused visas from prior year were not subject to 7%. There is nothing of the sort that allows this.


    Refer to this text.....

    http://www.fourmilab.ch/uscode/8usc/www/t8-12-II-I-1152.html#_a_

    TITLE 8, CHAPTER 12, SUBCHAPTER II, Part I, Sec. 1152.

    Look at paragraph a(5)

    (5) Rules for employment-based immigrants

    (A) Employment-based immigrants not subject to per country
    limitation if additional visas available
    If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 1153(b) of this title for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
    (B) Limiting fall across for certain countries subject to
    subsection (e) of this section
    In the case of a foreign state or dependent area to which subsection (e) of this section applies, if the total number of visas issued under section 1153(b) of this title exceeds the maximum number of visas that may be made available to immigrants of the state or area under section 1153(b) of this title consistent with subsection (e) of this section (determined without regard to this paragraph), in applying subsection (e) of this section all visas shall be deemed to have been required for the classes of aliens specified in section 1153(b) of this title.


    This is the section that allows for the 7% cap to be violated in case additional visas are available.................

    This is the one many anti immigrant people tried to get removed again and again......


    USCIS did not do anything wrong in 2005 nor in 2006.....By allocating additional visas to India/China USCIS did not do anything wrong...You can sue them ....USCIS has good grounds to defend their position.....You would not get anywhere...





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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:





    Rohan99
    07-27 12:40 PM
    Devil's advocate - Immi_enthu

    Yes, you are right you will have good life but not in Florida may be in Guantanamo Bay detention camp becasue you are on H1 and doing Amway which is illegal. USCIS is going to check your name in Amway database before giving you Green Card and then detain you. It will be good life for you becasue you will get free food (you do not have to earn) and view of Guantanmo Bay with cuban cigar..wht else can you expect ...I envy your life

    We guys (non-amway) will be slogging for bread and butter but we like our freedom and travel to Hawaii in economy class and stay at Motel 6.

    your response?

    we dont need to work after 40 we will move to Florida with all the money we make , stop stalking people , stop working just enjoy everyday on the beach and big mansion bought from the savings from the regular job and live off of free $xxxx/month earnings we make out of Amway/Quixtar . Where as you guys will be slogging in 40's and 50's





    Kushal
    07-27 12:35 AM
    My desi neighbor told me about it recently. What are your experience with Amway Quickstar. Have you guys made money from it?

    Its like asking an anti-immigrant, what you think about legal/illegal immigration?

    I guess you would get better idea if you call up Amway corporation or FTC and find out. And not from other who spend their time flipping channels and burping beer.
    As far as I know there are people from US Army, NASA scientists, NFL players, pastors etc.....from different background are very successfully building the franchise business. No wonder they are growing $1.2 billion dollars every year since 1950.
    Of course is not for everyone; its only for people who know the power of free enterprise on which this country is built on.

    Question is whether it will work for you? Your families finances are decided by you, and not by any other people. If you do take advice from other, then you will be flipping channels and burping beer too, and it takes one big financial hit to wipe you off the slate.



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