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  • unitednations
    07-10 01:42 PM
    Hello United Nations..

    After looking into above message...I have some doubts, could you please clarify them.

    1. In order to file 485, the person must have a valid visa in his passport?
    In my case I have a valid I 94 but my visa got expired 2 months back, Am I eligible to file 485?

    2. What is auto revalidation?

    I appreciate for your answers.

    Thanks
    RR


    No; you don't have to have a valid visa in your passport to file the 485. You are just supposed to be in non immigrant status (ie., f1, f2, h1, h4, etc.). Your I-94 card if expired; should not have expired more then six months prior to filing 485.

    Auto revalidation is one of the neatest little escapes to gettting back into proper status. Essentially; when entering into usa; one needs a valid visa to enter. However; auto revalidation is when a person goes to Canada or Mexico; stays less then 30 days; doesn't try to visit another country; doesn't attempt to go for visa stamping; has a valid/unexpired I-94 card (this also means unexpired I-94 card on a notice of action) then you can re-enter usa without a valid and unexpired visa.

    This concept is actually very difficult for people to believe that if their visa is expired but they have a valid i-94 card that they can go to canada and re-enter usa without a visa. since you are resetting your date of last entry by going out and coming back in then it helps greatly in using 245k since you have reset the date of your last entry into usa.

    Without auto revalidation; if you wanted to go out and come back in and take advantage of 245k then you would have to go for visa stamping in order to be allowed back in. However; consulate can check back to your earliest entry into usa and ask for paystubs/w2's as far back as they want (sometiemes they will ask you for all the way back). If they don't like what they see then they may not approve the visa and you are stuck.





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  • Macaca
    12-29 08:07 PM
    Watch Out for Russian Wild Card in Asia-Pacific (http://www.realclearworld.com/articles/2010/12/29/watch_out_for_russian_wild_card_in_asia-pacific__99333.html) By John Lee | Australian

    Just before we were tucking into Christmas turkey and plum pudding, Russian President Dmitry Medvedev met his Indian counterpart Prime Minister Manmohan Singh in New Delhi to reaffirm what the Russian leader called a "privileged partnership" between the two countries.

    By contrast, Australia sees little role for Moscow in the future Asian balance of power, where the former superpower was mentioned in passing only twice in the 2009 defence white paper.

    But other countries are not making the same mistake.

    If India is the "swing state" in Asia's future balance of power, as a prominent CIA 2005 report put it, New Delhi is well aware that Russia remains the wild card in the region.

    Medvedev and Singh signed more than 20 agreements ranging from agreements to supply India with natural gas, reaffirming a commitment for a third Indian nuclear power plant to be built by Russian engineers, and the signing of a contract for the joint development of between 250-300 fifth generation fighter aircraft.

    Over the next 15 years, it is estimated that every second overseas nuclear reactor built by the Russians will be in India, while New Delhi could be the destination for more than half of all Russian arms exports in the next five years.

    It is no surprise that Russia is pulling out all the stops to court India.

    After all, its two main exports - energy and arms - are exactly what India needs.

    There is a long economic and strategic history of partnership between the two countries that began in the 1950s when the former Soviet Union and India became allies.

    But just as Moscow sees new opportunities in a rising India, New Delhi still sees value in a declining Russia.

    The problem for Russia is not just the collapse of the Soviet Union in 1991 and a patchy commitment to economic reform after the Boris Yeltsin era, but a declining population.

    Russia has experienced periods of dramatic population decline before, from 1917-23, 1933-34 and 1941-46.

    Since 1992, and despite the absence of famine or war, Russian deaths have exceeded births by a staggering 13 million.

    With 141 million people now, numbers could be as low as 120 million by 2030.

    Nevertheless, there are strong reasons to believe that Russia can play the wildcard role in Asia's future balance of power.

    First, the common wisdom that Russia is moving closer to China in order to counterbalance America and its European and Asian allies and partners is incorrect, meaning that the Russian wild card is still very much in play.

    While Russia is preoccupied with regaining its influence in parts of eastern Europe, Moscow is also warily watching China's unauthorised movements into Siberia and the Far East.

    Beijing is about six times closer to the port city of Vladivostok than is Moscow, which has very weak administrative control over its eastern territories.

    Already, an estimated 200,000 to 500,000 Chinese nationals have illegally settled in these oil, gas and timber-rich areas.

    Beijing is also tempted by Siberia's freshwater supply, given that China already has severe shortages throughout the country.

    The Russian Far East is inhabited by only six million people, while the three provinces in northeast China have about 110 million Chinese inhabitants. By 2020, more than 100 million Chinese will live less than 100km to the south of these Russian territories, whose population will then number between five million and 10 million.

    As Medvedev recently admitted, if Russia does not secure its presence in the Far East, it could eventually "lose everything" to the Chinese.

    The point is that Russia will have as much reason to balance against China's rise as encouraging it. As the godfather of geopolitics, Nicholas Spykman, put it, the key is to control the Rimland (Western, Southern and Eastern) Eurasia.

    A small handful of long-sighted strategists in Washington, Tokyo, Moscow and New Delhi see potential for a grand alliance of convenience that can effectively constrain Chinese influence in Central, South and East Asia. How Russia plays its strategic cards in this context will go a long way in shaping Eurasia.

    That Russia may choose to tilt the balance against China in the future is also backed by diverging world views of these two countries.

    Should China continue its rise, Washington, Tokyo, New Delhi and Moscow will seek a favourable multipolar balance of power in Asia, even if it remains under American leadership.

    By contrast, China sees the coming regional and world order as a bipolar one defined by US-China competition, with powers such as the EU countries, Japan, India and Russia relegated to the second tier, something that is very difficult for a proud "Asian" power such as Russia to accept.

    Second, a declining Russia retains significant national and institutional strengths. For example, Russia will remain a legitimate nuclear military power with a large and pre-existing nuclear arsenal. It is also a genuine energy superpower and a global leader in advanced weaponry technologies.

    These factors all but guarantee Moscow a prominent position in the future strategic-military balance.

    Furthermore, Russia will retain its veto as a permanent member of the Security Council.

    Given the difficulty of reforming the council, Moscow will continue to exercise a disproportionate influence through the UN, even if it continues to decline as a country.

    Finally, Russia has that indefinable quality of seeing itself as a natural great power. This all adds up to Russia remaining a big player in Asia, with significant ability to influence, disrupt and complicate the plans of other great powers, even if it can no longer be dominant.

    New Delhi and Beijing believe that Moscow is well position to remain Asia's wild card.

    Australia should prepare for this as well.

    John Lee is a foreign policy fellow at the Centre for Independent Studies in Sydney and a visiting fellow at the Hudson Institute in Washington, DC.





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  • NKR
    08-06 03:15 PM
    speaking of DOTs..how do you give Dots?

    Send a PM to soni and ask, he/she gave me one.





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  • coopheal
    07-15 07:16 AM
    I would like to first applaud Pani for this effort. I strongly support his initative. I think his letter is original and from his heart. It is more authentic and human than what some on this forum are suggesting here. I think his gut feeling on this one is more important than the calculated steps IV has been taking so far.
    These kind of authentic letters from members like pani would give IV a more strong foundation to focus their energy. I think all those who want to write letters to the President, Senator, Congressmen, USCIS, DOL, DOS, DOJ, etc should do so and also should write the letter on their own instead of copying one. The reasons, sentiments and purpose will add more flavour to the whole thing. I would go one step further to suggest that some should write the letter in Spanish, French, Mandarin, Hindi, Urdu, etc, etc, if they think that they can express themselves better in their own language.
    Pani once again I would like to say that you are doing the right thing.

    PS: When the ship is sinking everyone wants to escape but the one who is aggresive to save himself has more chance of living than the other who is waiting for someone to save him.

    Best luck for this.

    Hope you have been contributing in past and continue to contribute in IV efforts. If havent think why you didnt yet.



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  • ssa
    07-14 08:00 PM
    That's exactly what I was wondering about! Did anybody get a rejection letter from *DOL* advising them to apply in EB3 instead? It's hard for me to believe DOL was ever that helpful!

    And if they did not hear it from DOL and did this on their attorney's/employer's advise sending out this letter may spell trouble for the sender. You are basically sending out a signed letter stating that you tried to get labor approved for one category, failed and then applied in a lower category for exactly same job to work your way around the rejection. I'm not sure on how solid legal ground we will be if this be the case. Job requirements are supposed to be what they are and not what is "approvable". Remember recent Fragomen audit?

    Now before labeling this as yet another FUD from EB2 please understand that I'm not saying that you should or shouldn't send out the letter. Just that we should consult someone qualified in immigration law to make sure we are not inviting more troubles than what we are already in.

    pani,

    This is what you have in the draft letter.

    "Let me take you back to the situation in 2001-2003 when a lot of current (EB3) applicants were qualified under EB2 and RIR category(many of whom had masters degrees from Top US universities) our green card labors applications were sent back from DOL saying that the economy was slow and hence cant apply in EB-2. So we were forced to apply in EB3 NON- RIR categories, but when the economy improved in 04-05 you introduced the PERM system and most people applied in EB2 and got their Labors cleared in few months time while the folks who applied in 2001-2004 were stuck at the backlog centers for 3 plus years."

    Do you have any evidence/reference to back this up?





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  • priti8888
    08-09 06:43 PM
    Hi UN,

    Sorry to post here. I have posted in some other thread but no response.

    I just got my FP notice for Aug 23rd for myself,spouse and 8yrs old son.My wife and son is in India, we cancelled our trip back in May for my 485.We waited till we got our receipts,they went to India for some important work.At this point they cann't make it by Aug 23rd. They both have valid H4 I797 with them.

    Can you please advice, what is the best procedure to follow here.

    1. Can I take my FP and request to postpone of my wife & son ?
    2. Postpone for all three members, and request for a later date ?
    3. Can we go after Sep3rd with the old receipts dated for Aug 23rd 2007?

    Thanks In Advance,
    kSR

    since u r the primary applicant choose option 1



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  • GCwaitforever
    05-31 06:01 PM
    Lou is an arm-chair critic. I have nothing more to say.





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  • paragpujara
    08-06 02:37 PM
    One Chinese person walks into a bar in America late one night and he
    saw Steven Spielberg.
    As he was a great fan of his movies, he rushes over to him, and asks
    for his autograph.
    Instead, Spielberg gives him a slap and says, "You Chinese people
    bombed our Pearl Harbor, get outta here.
    "The astonished Chinese man replied, "It was not the Chinese who bombed
    your Pearl Harbor, it was the Japanese".
    "Chinese, Japanese, Taiwanese, you're all the same," replied Spielberg.
    In return, the Chinese gives Spielberg a slap and says, "You sank the
    Titanic, my forefathers were on that ship.
    "Shocked, Spielberg replies, "It was the iceberg that sank the ship,
    not me."
    The Chinese replies, "Iceberg, Spielberg, Carlsberg, you're all the
    same."
    This particular joke won an award for the best joke in a competition
    organized in Britain and this joke was sent by an Indian.



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  • unitednations
    03-24 02:59 PM
    Unitednations,
    I read your replies and it seems you are ignoring some facts and are forming a one sided opinion.

    -----------------------Not really; i have much more knowledge on this then everyone on these boards. I'm just hesitant of giving very specific examples as it will give some people more information then they need to know.

    - Why did USCIS allow labor substitutions? Why did it take them so long to stop it? Why did they wait until after July 07 to stop it. Were they not allowing people to use this back door and lawyers to make money?


    ------------------labor subsitution issues seemed to be confined to a specific industry, specific people. People thought retrogression was going to go away. Did it go away? Main issue with EB is more people then # of greencards available. It may change the ordering but not the number of people going for greencard.

    - If consulting is a problem, what were they doing in the past few years? What are they doing now? Do you think just a few raids once is enough to stop the problem? Why can't they enforce their own laws so that they punish the companies and not the immigrants.


    ------------------------------------they are your sponsorers. They are the reason why you are here. Without them; you are not here. If they are not following the laws the way uscis wants then they will make it difficult for them. They are going hard after them to directly go after you. Don't you guys understand that?



    - Why is USCIS making paperwork difficult. Why can't the system be simple like Canada or Australia so that we can do our own paperwork? Why are lawyers in the picture?


    -----------------------------Those systems are designed becasue they want people there. USA system is not designed for this. Increasingly; it is becoming apparent that uscis/government is becoming hostile towards immigration. Once; they determine they actually want people here then they'll make it easy.


    - If they find problem in consulting, why are they not going after Tata, Wipro etc. Don't tell me these companies are clean?

    --------------------------------------who says they are not going after them. they are all getting a healty case of denials. Main issue is they are thinking there is fraud in IT. IT is dominated by people from India. Kill staffing companies; then you kill h-1b.


    - Why is USCIS so disorganized without good IT. Do you think other agencies are also same? Do you think USCIS does not have enough money?


    ---------------------------------------Problem is that with the myriads of laws and USCIS discretion in following laws; there is no perfect IT system since much of it is related to adjudicator discretion.

    - Why can't they ban DV lottery? But go after H1Bs. You will say to do that law must be changed. But at least go strict on whom you approve once they are selected in the lottery. Are they not bringing lot of criminals, fanatics, unemployed and uneducated poor through DV.


    -----------------------no idea. I do see that people talk about "highly skilled". There is no definition of "highly skilled" in immigration. Skilled worker is job that requires two years of experience. I bet just about every person coming through DV or family base would meet the definition of skilled worker in employment base sens.

    - Why can't ICE do their job of enforcement and round up illegals. If they were strict we will not have so many illegals or the problem of illegals.

    ----------------------who says they are not. It is just a different perspective of what people think they should go after. Right now DOL is visiting consultants at their end client locations and interviewing them.

    The questions will go on. But you need to step back and think more from the perspective of a applicant waiting for his GC or H1B .

    I was one of you and I mainly deal with many of you guys. Unfortunately, people want to come into this country in many different ways and just because we want to; doesn't mean they are going to let us.

    btw; see --------------------------------for my comments.





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  • Macaca
    03-06 09:03 PM
    Visa Statistics (http://travel.state.gov/visa/frvi/statistics/statistics_1476.html) Report of the Visa Office

    The Report of the Visa Office is an annual report providing statistical information on immigrant and non-immigrant visa issuances by consular offices, as well as information on the use of visa numbers in numerically limited categories.

    APPLICATIONS FOR IMMIGRATION BENEFITS (http://www.uscis.gov/files/article/APPLICATIONS%20FOR%20IMMIGRATION%20BENEFITS_Aug07. pdf)
    Citizenship and Immigration Services Ombudsman (http://www.dhs.gov/xabout/structure/editorial_0482.shtm)

    CIS Ombudsman's 2007 Annual Report to Congress (http://www.dhs.gov/xabout/structure/gc_1183751418157.shtm)
    CIS Ombudsman's 2006 Annual Report to Congress (http://www.dhs.gov/xabout/structure/editorial_0890.shtm)
    Annual Report 2005 (http://www.dhs.gov/xlibrary/assets/CIS_AnnualReport_2005.pdf)
    Annual Report 2004 (http://www.dhs.gov/xlibrary/assets/CISReport_to_Congress.pdf)

    Spotlight on Legal Immigration to the United States (http://www.migrationinformation.org/USfocus/display.cfm?id=651) By Gretchen Reinemeyer and Jeanne Batalova | Migration Policy Institute, November 2007
    Yearbook of Immigration Statistics (http://www.dhs.gov/ximgtn/statistics/publications/yearbook.shtm)
    Annual Flow Report

    U.S. Legal Permanent Residents: 2006 (http://www.dhs.gov/xlibrary/assets/statistics/publications/IS-4496_LPRFlowReport_04vaccessible.pdf) By KELLY JEFFERYS
    U.S. Legal Permanent Residents: 2005 (http://www.dhs.gov/xlibrary/assets/statistics/publications/USLegalPermEst_5.pdf) By KELLY JEFFERYS AND NANCY RYTINA



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  • rockstart
    07-14 12:47 PM
    USCIS has not changed any law they have re-interpreted an existing law which was unclear and some folks have said that CIS interprets laws based on inputs from congress to understand the intent behind the law. If you complain to CIS that you have changed law they will send you a polite reply that we do not make any laws we just implement it.

    Bear this in mind. We are not opposing because EB2 is getting the number, we are opposing because USCIS arbitrarily changed the law -- without any legislative approval. Remember, they changed the OPT rules and they are now facing lawsuit.





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  • Beemar
    12-26 10:56 PM
    Looks like India is employing a cold start strategy. In the first phase of operations, Indian Air force will strike LeT camps in Muridke and Muzaffarabad and then ask Pakistan to refrain from taking retaliatory action. The onus will be on Pakistan to take the decision regarding further escalation of hostilities.

    Interesting to see how Pakistan will respond to such a move.



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  • paskal
    04-07 05:27 PM
    Can there be a differentiation between extensions/renewals/company changes and new H1bs?

    In some sense there already is, since the former are not subject to cap, while the latter are.

    So, why not extend the same argument to other situations?
    Get an LCA and impose all kinds of restrictions on new H-1Bs, but don't apply these on existing H-1Bs, especially if they have had their labors filed.

    That way, they don't get rid of existing H1B employees.
    They only make it harder for new people to get H1bs. Which, it is my understanding, is not our fight.


    I agree, new H1b is not our concern..well not directly or immediately.
    maybe the way to approach this is to ask that a PERM/LC once approved be considered as fulfilling the requirement for any certification needed for the job- in any case if it's the same process, it amounts to useless duplication to keep certifying a job again and again...





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  • django.stone
    09-26 07:03 PM
    I agree with 485Mbe4001 and many other folks on this thread that have talked about the results of Obama victory - USA would face socialist policies and personally our GCs could be affected by protectionist agenda. I have never understood why Indians (even 2nd generation) by default support Democrats, when all the values and rational reasons point us towards Republicans. I am libertarian in my views and a staunch supporter of republicans.

    Reasons for Indians to support Democrats -

    1. Generally religion neutral and not influenced by christian right wing
    2. Generally tolerant of people from other cultures rather than being a party of white folks run by white men
    3. Tendency to help human/environment suffering
    4. Afraid of military draft that could recruit our kids

    Reasons for Indians to support Republicans -

    1. Supportive of outsourcing which is one of the many reasons our home country is flourishing these days
    2. Supportive of entrepreneurship, which many if not all Indians plan to pursue at some point in their life time in USA
    3. Lower taxes so you can spend your money rather than have govt spend it for you in things you don't need (such as bear research in Montana for $3MM)
    4. Privatize social security so you can keep you own contributions rather than throw it into the common pool. Let me explain this a bit here. Indians contribute to SS all their life until 65, but never get to enjoy it as rarely we live past 65. Life expectancy of Indian women is around 60 and men is around 55, rarely we live up to 75+ like Caucasians. What happens to the money we contribute to the common pot? It is enjoyed by somebody else, if we had private accounts, you can retire around 55 and enjoy your contribution till you live.
    5. Family values of Indians very much like the value system of middle-america's republican base - religious, hard working, humility, respect for elders, american dream of owning a 3bed-2bath house with a yard, cul-de-sac and basketball etc.
    6. Aligned with Indian govt's views on fighting terrorism
    7. Allow your kid to go to private school of your choice with your tax dollars, rather than force you to send your kid to public school in your area

    Immigration

    Now coming to the issue on hand, overall roughly 60% to 80% of americans do not want any kind of immigration (check wikipedia). That is the unfortunate truth! We should all be lucky to be here due to generally business friendly laws that allows for H1B visas and EB GCs for skilled labor. If left to public, immigration would be banned. Hence, I believe both parties use this as a posturing issue during elections to their favor. khodalmd in the previous thread explained the breakdown of republicans/democrats accurately. Logically speaking, republicans can be convinced about its need to sustain economy and generate taxes as more baby boomers retire, but this logic is these days trumped by mix up with illegals.

    If Obama wins, economy/stock market would tank, more jobs would be outsourced. My fear is that during those times, any kind of immigration law would not pass. If god forbid, layoffs start to roll, then many of us may have to start from scratch, hence I call it perfect storm.



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  • paskal
    07-15 03:07 AM
    Thanks. I will look into it further when I get a chance. the number of GC granted in a year is complicated- and for the moment I speak offhand so correct me if needed. Till 2005, the recapture clouded the numbers. After that EB3 benefited from a Schedule A recapture that went almost entirely to EB3, a lot to EB3 Philipenes and a good chunk to EB3 India.

    AFAIK last year though, once that was ll over and vertical spillover was implemented, EB2/EB3 Inid should both have got only the strict country quota mandated GC numbers.

    Anway- offhand as I said...gotto rum.


    sc3,

    here are the allotments as posted elsewhere.

    2003 2004 2005 2006 2007 (EB India allocations)
    ------------------------------------
    EB1 1,266 2,998 6,336 3,156 2,855

    EB2 8,536 16,262 16,687 3,720 6,203

    EB3 10,647 19,889 23,250 3,006 17,795


    Continuing on what i said- till 2005 there was recapture. 2006 reflects what would happen with a vertical spillover for both EB2 and 3 India- about 3,000 GC a year. In 2007, both (esp EB3I) struck pay dirt because everyone became current in July. Under a situation where all categories are current, Gc are distributed exclusively by RD and country quota is thrown out of the window. That is why so many GC were given to EB3 I last year- it makes sense because this is the largest waiting group.
    However July 07 is not coming back. If vertical spillover continues, 2006 will become the reality. In that situation the waits for both EB2 and EB3 India will be simply indefinite. Unfortunately for EB3 I, they are indefinite either way- UNLESS we get more GC numbers.





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  • mariner5555
    04-09 10:51 PM
    we've found that the more compelling arguments tend to be those related to US competitiveness. If I was to use the housing argument in a meeting, I would use it in a light hearted way while making a serious point.
    For most, common sense of justice is an issue, in which case housing can be brought up, but again, not an issue to focus on too much, more in the context of 'it is ironic that many of us want to buy houses but GC wait is what prohibits that, not the credit crunch'. Can be mentioned in passing, but not worth focusing on.
    Mentioning it in light hearted way would help too when you have predictions like this (latest report) from International Monetary Fund.
    ------
    House prices have already fallen by around 10% in the US by some measures, and the IMF says that they may be over-valued by more than 20% in the UK, Ireland and Spain.
    It is forecasting further falls in US house prices of 14% to 20% this year.
    ---------
    GC is definitely the main issue for atleast 10 of my friends (and I guess it is an issue for many others). our view is why invest in immovable assets while we are at the mercy of a govt agency.
    ofcourse - I would guess that many of the govt advisors must have suggested the link between immigration and housing to the policy makers. in the end it is supply and demand.
    there are other ways too ..US laws are influenced by lobbyists and I am sure there is a huge builders, realtors lobby ..maybe IV could explain the issue to them ..and in turn expect them to explain this issue to lawmakers ..

    a quick note - I am not saying that if a person gets a GC then he will run and buy a house. but for many GC is the first thing that has to happen before he/she even starts to look around.



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  • unitednations
    07-08 06:10 PM
    Thanks!

    The outstanding questions, i guess, are:

    They allotted the visa numbers prior to actual approvals. This contravened their clearly stated policy. In fact the ombudsman mentions this policy and suggests change. If they allotted the numbers prematurely, and are still in the process of approving those petitions and sending out the decisions...should the numbers have remained current UNTIL THE LAST PETITION IS APPROVED?

    ---------------------this is an age old problem for uscis. If when a case is filed and they allocate a visa to it; then there would be a massive amount of visas that would go unused. A 2006 visa number cannot spill over to 2007 because the carryover effect is not available. If a person is stuck in name check, didn't get fingerprints; case got denied and is in appeal then that visa would be lost forever if it didn't get approved by the end of the fiscal year; and someone else wouldn't be able to file. You would only have forward movement of visa dates until beginning of next fiscal year when they release visas and then they could move them back to let other people file who just got their labors approved or follow to join, etc.


    ---------------------the current administration is fond of re-defining many things in law; they have re-defined torture; geneva conventions; bill of rights; even though those laws have not changed.

    ----------------------now they are re-defining the visa bulletin. Look back at June 2005; when eb3 visas went unavailable for july; they still allowed people to file until end of june. When October 2005 visa bulletin came out and eb2 india went back to 1998 they had used up all the visas by september but still allowed filing. When eb2 india went unavailable in August 2006 they still allowed people to file in July 2006.

    ----------------------therefore, the law hasn't changed but they have re-defined it. I haven't met anyone yet who actually had their case approved on the week-end. Just knowing systems the way I know them; they probably aren't allowed to do transactions on week-ends or holidays. Therefore, whatever happens on the week-end could have happened on the friday or the following monday. It will be interesting to see how many people actually get their greencard and it says "permanent reident since.... June 29, 30 or July 1".

    ----------------------the stakes were big enough for uscis that they were willing to re-define how they look at things. Hundreds of millions or billions of dollars would have been a big enough stake for uscis/dos to re-define the relevant laws/regulations and long standing process. Interesting thing is how would things have changed if the actual fee strcture went into affect on July 2. Maybe uscis wouldn't have been so overzealous in approving cases at lightning speeds.



    One could argue that per USCIS policy and stated process the visa numbers are still available till that day- a petition could be rejected at the last moment- sending a number back to the pool....

    the other question is- did they allot >81% of the numbers (27% per quarter) even before the fourth quarter began? Can they allot numbers on sunday while not accepting applications that day because they are "closed" thus denying petitioners from getting in while the numbers are current?

    i would be surprised if they went over the country cap- they have treated that as religion of late.


    ===============they definitely went over the country cap. EB1 ROW and EB2 row have never been retrogressed and eb3 row was retrogressed in June itself.


    the dates for india/china will only move after EB3 ROW becomes current. any ideas how far that is?

    ===============I was surpirsed myself in the perm labor filings. There is actually a very high number of cases filed by ROW people. ROW people will always get preference. 2007 ROW priority date in eb3 would get preference over the 2,802 person from india even if that person's date is 2003.






    see answers within text.





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  • Macaca
    12-30 07:26 PM
    Gay pride only goes so far in India
    'Queer' activists out and proud in Delhi and Mumbai have little connection with those forced to live in small-town secrecy (http://www.guardian.co.uk/commentisfree/2010/dec/30/gay-pride-india-queer-delhi-western)
    By Parvez Sharma | The Guardian

    I grew up in Saharanpur, a "small town" of 1 million people in India's most populous state, Uttar Pradesh. Saharanpur is very like the hundreds of other towns littering the vast plains of the region, and not notable for much except its mangoes and woodcarving industry.

    In the early 90s I was at a Catholic-run school in the town and had my first sexual experiences with another boy near the railway tracks. That's what my brother was alluding to when he phoned me a couple of nights ago with what he called "breaking news from our childhood".

    Under a headline saying "Gay party has been exposed", the local Hindi-language newspaper, Amar Ujala, had published a photograph of some 20 frightened-looking men sitting on the floor, many trying to conceal their faces with shawls and scarves.

    A series of bullet points beneath the photograph highlighted what the editors presumably thought were the most shocking aspects of the story: a doctor, MBA students and teachers were present; this "indecent" party was organised under the guise of a birthday party at a dharamshala (spiritual dwelling or sanctuary); and alcohol was served.

    The news item went on to name some of the men who were arrested; thankfully, all have fairly common first names, and their last names were not provided. However, the organiser of the party was identified as Bunty and the piece informed us that he runs a "beauty parlour" named after him. So, for anyone interested in following up the story with a spot of gay-bashing, the aforementioned Bunty should be easy enough to find.

    The English-language Times of India went further with its irresponsible reporting of the same story, mentioning the jobs and neighbourhoods of some of the men.

    The paper also chose to identify the host Bunty with his last name and gave the exact location of his beauty parlour. I read the rest of the piece in horror. The names of those arrested include both Hindus and Muslims (both religions have sizeable numbers in Saharanpur).

    The location of the dharamshala is just two miles from my old school, where I was mercilessly bullied for being too effeminate when I was a boy.

    There are quotes from the police officer who organised the raid, in which he talks about finding "used condoms" and guests in a "compromising position". Saharanpur is described as an "ultra-conservative" town and a college teacher called Ayub Qureshi is quoted expressing his indignation: "This is certainly unheard of in Saharanpur. I don't know where are we heading to."

    Thirteen men were arrested, though according to police the party was attended by more than 100. The arrests should be condemned. These "gay" men probably have nowhere else to meet and many perhaps still live with their families, where discussing their sexuality would not be an option.

    As I looked at the English-language news item, I noticed that one of the first comments comes from someone in the state of Haryana:

    "Dear sir, all these westurn gay thing is now allowed in our culture. v must stop these gay people from having sex because then they increase in population and soon our bautiful culture country will be full of them. police have done good job. kudos to them"

    The notion of homosexual activity being considered foreign � and often as specifically a western perversion � is an idea I came across before, when making my film, A Jihad for Love.

    Last month, out and proud gay men and women marched in Delhi's annual gay pride march. Many posed happily for the news cameras. Rainbow flags were in abundance, as was western terminology such as "gay", "queer" (even transcribed into Hindi on some signs) and "LGBTQ".

    As I looked at photos of the event taken by my Facebook friends, I realised that most came from middle- or upper-class families and would have a degree of ease with the English language. I have often wondered about the need to use western models of emancipation such as "gay pride" marches and rainbow banners in cultural contexts that are vastly different.

    While filming "gay" Muslims around the world, I realised that very often an absence of affirmative language for their sexual selves in their native tongues was what united them. I have always found the word "queer" problematic and find its use on signs in Hindi to be surprising at the very least.

    In so many countries, invisibility is the norm and the preferred option for those who have same-sex desires. I have no doubt that most of the men and women who were busy marching in Delhi waving their banners would not like to be seen at a downmarket venue like the dharamshala in Saharanpur and I am not even sure if many of these newly minted "queer" activists from India's big cities would find common cause with the small-town types arrested at this "gay party".

    India remains a land of some of the greatest dissonance in the world. A booming economy and the world's largest and probably most aspirational middle class, it still seems to be not completely at ease with the sexual freedoms that are usually touted as western.

    Just last year, the archaically worded anti-sodomy section 377 of the British-written penal code was successfully challenged in the Delhi high court. The vociferous activists in Delhi and Mumbai hope that the law will be repealed nationally, thus making homosexuality "legal" in the world's largest democracy. In the meantime, outdated laws written by colonisers with Victorian ideas of morality continue to be enforced in other parts of India.

    As I look at the picture of the frightened men in Saharanpur again, I wonder if I can recognise anyone from my school days. I wonder if Bunty or any of the other men would have wanted to attend the Delhi pride march. Would they understand what "queer" meant at all?





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  • apt29
    08-05 03:14 PM
    The whole notion of EB2/EB3 was introduced before bigtime arrival of IT industry. In IT, the difference in job requriements between the EB2 and EB3 are thin and vague. Hence the confusion. It is possible that some EB3 folks applied, so there was risk of denial at that time(1998-2003) even with BS+5 years experience and IT industry is just catching up. So a lot folks, who waited to applied later (2004-) went for EB2.





    centaur
    02-25 05:25 PM
    Is this book available? maybe we can get a bunch of copies and send to some editors, John Stewart/Stephen Colbert and some legislators.

    If the author is approachable, maybe an interview with him and some TV personality could be tried.

    Indian techie slams CNN Lou Dobbs (http://www.indiadaily.com/editorial/10-28a-04.asp)!, N. Sivakumar, October 28, 2004

    In a book titled "Dude, did I steal your job? Debugging Indian Computer programmers", the author, an Indian software engineer, has slammed Lou Dobbs of CNN for calling the foreign high-tech workers as non-tax payers, and humiliating the enormous contributions of foreign high-tech workforce to the American economy.

    "Foreign high-tech workers who come here on H-1B / L1 visas pay every tax that U.S. citizens do, including Social Security and Medicare. But if they return to their homeland, then they will not get any benefits from these programs. The recent recession cost the United States more than half a million foreign high-tech workers who had to return home after paying all these taxes. In fact, Americans owe them money"

    The author writes.

    "The ignorance to mention the stupendous contributions of immigrant high-tech workers was the primary cause for the anti-Indian atmosphere which is seen among computer professionals lately. Unfortunately, neither the media nor the public understand the foreign high-tech workforce. The net result: those who supported the foreign high-tech worker programs have taken a back seat to play safe, and Indians and others who came here on visas, and worked their butts off to make this country prosper are named 'slaves', 'dummies', and 'enemies'. writes the author, N.Sivakumar.

    The book also claims that bringing in foreign high-tech workforce at the right time was the primary reason for America's stupendous high-tech success, and gives statistics and evidence to prove that hadn't America acted quickly, the Europeans would have taken over the software dominance.

    The book also outlines the life, struggle and achievements of Indian programmers in America with entertaining facts, and is a prime discussion topic in many anti-outsourcing and immigration websites lately.





    Sakthisagar
    07-28 03:27 PM
    Frankly he has a lot more serious problems to worry about than our issues. from the backlog, we are around 0.25 million and you have 300 million people in this country and 10% of them unemployed. So yeah, blame him all you want but any sane politician in his position would do the same.

    Let's consider this for example. Imagine you were in India and you had a few 100,000 decently skilled immigrants from some other country, who were waiting for their green card. Now you are the PM and you have to choose your focus between fighting terrorism, fighting inflation, high budget deficits with healthcare costs, high unemployment rate or giving green cards to these 100,000 people. I would think there would be a lot of pissed off countrymen in India who would scream at you when you are ignoring real issues and focussing instead on giving green cards to foreigners especially when you already have a sky high unemployment rate. Wouldn't be a great political strategy, would it? But maybe you would still do it, perhaps if you have a vested interest in getting it done.

    Still, next year you can bet that he'll do something on immigration since the states have started legislating on their own now and they can't afford this to continue.


    hahaha If one is a PM of India??? woooooh that will be funny, any PM will ask the permission of Madam the congress president What to do? and whatever uneducated madam says that will be done., dont ever ever dare to compare India and USA. dont compare apple with oranges.

    And the President should never wait for Illegal immigrants to pass Legal Immigration. In USA immigration means it is Legal. not illegal. He is playing politics with every one. Please understand that. The US unemployment on Tech sector is only around 3 % that is not a big issue. They can very well give EB immigrants green card. If you are fascinated or halloweened by The Presidents personality no one can help you. Like in India people blindly worship their party leaders or PM or Madam for that matter.