Kama Of Kingstone

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Guys..

If your are with me please respond to this thread

We MUST take the advantage of low VISA usage in this recession and cut the line by tens of thousand

Yes, good idea and something that will benefit the entire I & C community in the long run including EB3. I will support the initiative.

i feel frustrated at some peoples' unwillingness to admit that eb3 needs iv's help now more than ever. They are saying that nothing much can be done for eb3, as ins merely corrected its wrong interpretation in visa allocation

I went to the advocacy days in DC this June, and the biggest push IV was/is making - country cap elimination. The biggest benefactor of this change is EB3 (eb2 will be helped too, but that is how INS preference system works) - again, the biggest benefactor of this legislative change is eb3. IV has been pushing this issue over and over - try reaching out about town hall meetings or any such meetings with lawmakers - and you will figure out how much iv is working on behalf of eb3. Unfortunately, not many eb3 were active until the last 2 vbs. So, please do not say, "nothing much can be done for eb3" or "IV is not working for EB3". Its just that you may not see value in the route that IV is pursuing. It is eb3 members' unwillingness to admit that IV needs grass root help more than ever now.

but, if we are all willing to put our hearts and minds to it we can surely come up with new ideas that will help our cause. Surely, laws are written so that justice can happen. So if justice is not happening, the law would have some answer, somewhere.

Let me put forward my idea.

The ina language says that until eb2 is not current, there will be no spillover to eb3. Agreed. but i would contend that this statement is on a year to year basis. that is, if in the year 2002 (for example) all eb2 has been satisfied, then the spillovers should go to year 2002 eb3.

i am sorry to point this out, but you are looking at this from only your angle. Don't get me wrong, i would probably do the same. Having said that, logically this change will not fly with the uscis - 2 reasons - 1. Your contention that this rule is year to year - flawed contention 2. What does all eb2 satisfied mean? - these arguments will not work. I am not pulling you or the idea down - but simply stating my point of view based on what I know of the law.

is this something iv can point out and fight for? Can eb3 members put their money and efforts in this direction? Let me know if this sounds worthwhile

now a days we are seeing more threads related to spill over allocation interpretation etc, but i have not seen any single post by iv core about this. I am from eb3 community and share the frustration among others.

i remember a time just a few months ago this year, eb2 were complaining about spillover not happening, and iv core disputed it, saying that spillover was happening.

i see a lot of people suggesting to port from eb3 to eb2, instead of wasting time on these discussions. Well, porting is not an option for most of us. It is either because we are working for big companies (who do not want to extra burden) or not able to find a small company which can help us.

just like you are seeing the ground realities of porting from eb3 to eb2, i believe that iv knows the ground reality of proposing new interpretations to the law. I would go a little further in saying that the proposals considered here are changes in the law than changes in the interpretation of the law.


I may be wrong on my thinking, but I do hope you take a suggestion - when reading the INS law, understand it independently first. Then go back to see, if it can be applied on your interpretation. Do not start out with it, everything looks red when wearing red tinted glasses.......

After the advocacy days in DC, I am sold on what IV is offering and its commitment to the EB community. I am EB3 too and I am pretty much in the same boat as many of you here.

My letter to realtor.org
****************************
Dear Sir/Madam,

We don’t claim that my proposition here will make the housing crisis go away but what I am proposing is to let us think out of box and help each other.

We are an association of highly skilled immigrants, waiting for our permanent residency status. There are approximately one million such people in this situation.
Before we proceed to make our point, we would like you to consider the following facts regarding ourselves:
• Average age: 30-35 years
• Average years of stay in the USA (all legally): 7 years
• Average legal status in the USA: Final stage of the green card (called I-485 stage) and posses employment authorization document (EAD), renewable every year, indefinitely till one gets his green card.
• Average Salary: $75K+
• Average net worth: 100K-400K (mostly liquid)
• Average occupations: Information technology, Doctors and Financial Analysts
• Average education level: At least undergraduate
• Average credit history: Excellent

Note: If needed, we can cite the source of the information, which is from the government itself.

As mentioned earlier, we are in the final stage of our green card process and at this stage there are very few rejections (<1%). It means that we would eventually get our green cards but it may take several years. Please note that the final stage (called I-485 stage) is the stage, where the applicant has already been found eligible for immigrant visas (aka green cards). Since government can issue only limited number of such visas in a year, the wait becomes long. Please also note that after applying for I-485, people can get their EAD enabling them to work for any employer. The EAD has to be renewed every year and most of us have their EADs

Even though the chances of the rejection is very low but most people, out of fear, have been postponing any major investment decisions, like buying a house or a new car, in other words, living conservatively. In addition, due to the turmoil in the market, several of us, in spite of our excellent credit history, income and high liquid net worth may not qualify for loans as EAD is valid for only one year.

Our organization has been urging the government to fix the green card process or at the very least relax the hassles of the yearly renewal ordeal for EADs. Either of these things will bring certainty in our life and prompt some of us to take some big decisions.

We are writing to you with a hope that our situation will be highlighted and our intellectual and financial potential contribution to this country is appreciated. Please let know if you are interested discussing the matter further and how we can help each other.

We are conducting a small poll on one of the websites used for organizing ourselves. Almost 60% of the respondents are postponing the decision because of the situation they are in. The poll can be found at http://immigrationvoice.org/forum/sh...ad.php?t=17660

Yours truly,
Sanjeev Singh

Congratulations and good luck... Do visit us some times and help out with calling campaigns etc... Your voice just got way more important to the Law makers then ours :)

Yes Definitely I will. I am a member of texas state chapter so will be getting updates there as well.

Mine reached on Jul 2nd @ 7:55AM. I was also current per June bulletin but it was filed in July. No Receipt yet.

I submitted latest I-94 copy only; I do not have copies of all of my previous I-94's. Is it OK as long as we submitted copies of prior visa approvals?.

Thanks
Project_A

Guys,

Below is what Rajiv Khanna thinks. You can find it on http://www.forclients.com/cmsd/node/81 . I am not trying to play spoil sport here. I feel that we should be working towards recapturing the unused visa numbers / being able to file for 485, instead of focusing on costly law suits, given that the chances of winning are slim. I hope that I will be proven wrong as Rajiv hopes. You might ask me about the chances of getting them recaptured. That might be slim as well, but that will get rid of the base problem which is retrogression, if at all we are successful. Just my thoughts. The last para of Rajiv's post summarizes very clearly why the court will dismiss the case, even if they find DOS & USCIS to be wrong. I can confidently tell you that USCIS is not going to give rejection notices to any one in the next 45 days. They know that the more they delay the rejection notices, the more the time it will take for plaintiffs to file a case. By that time the VB will come up with some dates instead of "U". As Rajiv said, there might have been many instances of these lawsuits in which USCIS got away. I doubt, if we can even touch the DOS on this because, CA/VO is just one part of DOS and DOS is too powerful to be touched

Q. Can we file a lawsuit?
A. Here is a legal answer as I see it. I hope I am proven wrong. I will elaborate further in our conference call. In my view, the lawsuit has a slim chance of succeess, but not in DC circuit. Our circuit is not likely to interfere with the exec easily. The strongest point is that govt. is changing a long standing practice, which requires rule-making under APA. The govt. will, of course, argue that they have issued amendments in the past and that this practice does not affect substantive rights. That would probably fly in the face of AC21 portability benefit which is, no doubt a substantive right.

Mootness is not a problem usually, because in a putative class action, we can always add more plaintiffs. Also, there are exceptions to mootness that could see a suit through.

I have not looked at the issues in great detail. Nevertheless, I think, the biggest problem is, if we dont get a hearing and an order within the month of July, the Court may have to dismiss the suit for inabaility to order relief (against the statute). This situation has occurred many, many times in the context of DV lottery cases.

From all my analysis i had 20k-45k number in mind (for Aug/Sept). A large portion of it for EB2-I (could be as large as 25k for the whole year 2008)

sachug22 - Your's and vldrao's analysis has been right on the money.

Now it is all about 'how quickly' the USCIS can process these applications. Looking at last July, there is hope !

30K for EB2-I (Assuming rest goes to EB1,EB2-ROW,EB2-C) can be substantial.

well if the employer is not supporting you ..then maybe the IO does have the authority to refuse ?? (well assuming that these cases are correct ..then I guess we can assume that IO has recd instructions from his superiors) it is good to hear from Pappu that IV is ready to take up this issue ...but till someone comes foward ..can IV focus on other issues like recapture, removal of country limits etc (there is no shortage of issues where focus is needed)

To be denied entry, the visitor has to go through secondary inspection. That is the process. The CBP officer at the primary inspection does not have the authority to send some one home. Look at this link from Syracuse University that details this process:
http://trac.syr.edu/immigration/reports/142/

Quotes from this page:
In a procedure known as Primary Inspections, the officers interview people appearing before them and check their documents. In addition, the documents are scanned into a computer to detect past immigration violations, criminal problems, and national security concerns. The entire process is very brief, averaging less than one minute per person to keep up with the crush of arriving travelers.

In Secondary, a new set of Inspectors have additional time and latitude to investigate whether a person's papers � and their reasons for coming to the U.S. � are legitimate and legal.

So whoever said that the CBP officer at the primary inspection called up employer and asked the employer if they cannot find US citizens is not telling the truth. Probably the guy started the rumor :D.

I have heard that there are desi consultants who sponsor H-1 for people graduating with Masters in US, irrespective of which field they are in. Is this true? Sounds a bit fishy to me.

http://travel.state.gov/visa/frvi/bulletin/bulletin_4438.html

Total so far approx. $300.
Monthly contrib: $20 for over 7 months.



This purpose of this post in not to boast about my contribution. It is to motivate others who are on the sidelines.
Please contibute to the best of your ability.

Sounds good to me, I havn�t had too much spare time to work on my entrie... but let�s really hope people havn�t really forgot abou this battle! :puzzled:

YOU PEOPLE understand first what i kept in the reply. I did not blame IV for doing other efforts..I am talking about facts about USCIS..So dont make fool us or yourself as IV or any other organization will not be able to attack USCIS..Bcoz USCIS is monarch..


I have to agree with Bheemi. I fully support IV, but even IV has its limits and NOONE can fight the USCIS. AILA/AILF can TRYYY and that is all that they can do.

With democrats in control, at the very minimum we should try to push recapture of lost visa numbers. Tie that with the ability of immigrants to buy houses, we could have a game winner...

Please correct your spelling of Murthy. I thought some senator or Congressman Murphy wrote to DOS. If it was murthy I wouldn't have bothered to come on this thread. She is a big time crook. Shamelessly she's trying to take credit of everything that we are doing here under 1 banner called immigrationvoice she will take credit of Zoe Lofgren and everybody else. She has never ever mentioned immigrationvoice for anything in her so called updates.

http://www.murthy.com/chertoff_murthy.html

July 12, 2007

......

You mean 529? Thanks of telling. I was planning to open an account for my kid's college.

Are you sure they wont let you open an account even if the kid is american citizen by birth?


GUYS THIS SEEMS INCORRECT, I HAVE A 529 FOR BOTH MY BOYS......MY FINANCIAL BROKER SET IT UP FOR ME..

/* Last 8 years, Republicans have done nothing to improve GC system. Lets give democrats a chance this time. */

Do you have a voting right? Look whoever comes will not care abt EB3 India... for some time. The system has to fix itself or needs to be changed. If ppl with priority date of 2003 gets the GC around 2010. We should thank our stars and be happy.:)

well someone issue the challenge. We can pick up where the BB contest was at. Basically a boxing robot or something like that. Not sure if we want to do realism and all that tho. I can pretty much only do it on weekends so a 4-6 week time frame sounds good.

Interesting that I did fingerprinting only in 2007 Nov/Dec after applying for I485 during the July 2007 fiasco. I have not received any fingerprinting notice since then. Guess I made an impression with my fingers. :)

I wonder why people are getting fingerprinting notices every year? I read a couple of cases about it.

Getting my EAD renewed, even though i am not on it. Renewal Package sent to USCIS.
Getting my AP renewed. Our company Attorney does it even though i don't use it and i am on H-1. Renewal Package Sent to USCIS.
Getting my H-1 renewed as it expires this Oct 10. Finished my 6yrs on H-1. Renewal Package Sent to USCIS.

If i get my I485 Approved in August, then USCIS gets all the money from the renewals that were sent for my case.

Your company should be quite rich to keep paying for EAD's and AP's you don't need, with their periodical extensions, and also for your H1 renewals....