Friday, June 10, 2011

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  • Hermione
    09-25 01:06 PM
    When will EB3 ROW become current, or current for YOU? The answer would be different depending on your exact question.

    Without administrative and legislative changes, the answer to number one is "a very long time" and I think I'd be safe to say that is a conservative estimate. For the record, I'm also EB3 ROW, with a PD of early 2004. I would say that would be current in 3 or 4 years

    There are roughly 200 countries in the world. It is very simple maths to figure out that 200 * 9800 (the 7% limit per country) = about 1,960,000. Its pretty obvious that this is much more than the limit of 140,000 total per annum.. and you begin to see why there is a problem. Sure - each country has a 7% theroetical limit, but not EVERY country will use that in a year. Of ROW countries, UK is pretty close to its 7% per year. Others, like Lichenstein are not (or they would all be in the US and the country would not be just one big vacation home)

    Most countries do not have 9,800 EB applicants every year - in fact, most countries use well under 1,000.

    The total number of applicants from other countries can be derived from roughly estimating number if H1 holders, adjusting for Indians and Chinese, and then dividing by 2 (50% of H1Bs never end up getting a green card), and then multiplying by 2 to adjust for derivatives. The bottom line - there are visas available in EB2 ROW and EB1 categories (which are current, meaning, undersubscribed), that are getting redistributed to EB3 ROW. This is why EB3 in total is using more than its share of 140,000 EBs. In fact, I believe the dates will be moving pretty fast on EB3 ROW, it will probably get all current in a couple of years.




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  • vkotval
    06-13 08:57 PM
    * USCIS Processing Fees
    I-485: $325.00
    (Per person) I-131: $170.00
    I-765: $180.00
    Fingerprints: $ 70.00
    TOTAL $745.00


    * USCIS Processing Fees I-485: $225.00
    (Per CHILD under I-131: $170.00
    14 years of age) I-765: $180.00
    TOTAL $575.00




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  • eb2waiter
    06-09 12:29 PM
    A canadian citizen does not have to leave this country. But if your family members are not canadian citizens then they should leave. Also a canadian citizen can get a TN visa and work in US.
    Instead you could just stay here till you get a similar job, and apply for 485 when visa numbers are available.
    You should ask your company to not withdraw your petition.

    Better to contact a lawyer.




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  • sriv1
    07-15 10:20 AM
    Its a very gud news. Infact, One of my friend also got his GC though his PD was not current then. It happened around 3 months back, he received physical cards in hand where as his PD was Nov 2005. Perhaps its happening.



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  • njdude26
    07-19 09:42 AM
    I have an EB3 app from Oct 02. One more PERM filed 2 months back. My wife has an approved EB3 140 waiting to file 485.

    We have canadian PR cards. We have decided to move to Canada in Oct. We may come back here once numbers are available to file for 485 or im thinking of becoming a canadian citizen. who knows t'row some bright guy in Congress may create a rule saying Canadian citizens are exempt from visa numbers :)




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  • frankiesaysrelax
    09-19 05:02 PM
    Immigration Voice did 138 lawmakers meetings (in House and Senate). They did the rally. They would consider IV as a organization that can help them PUSH for their legislation. Now we have a place at the negotiating table.
    Amen. Out of sight, out of mind, as the pithy goes. Those lawmakers will have a recall now because of the in-person meetings.



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  • gconmymind
    06-14 06:34 PM
    I am currently on H1 and plan to get married in India next month and file 485 for me and wife next month. She will be able to travel with me on H4. If she starts using EAD after getting it, does that invalidate my H1? I plan to continue with the same employer on H1.




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  • hebron
    06-15 03:39 PM
    If I were you, I would make it clear to the employer that you qualify for tier 1 in UK and educate them on benefits of tier 1 vs waiting for green card then go from there. It worked for me.


    My plan was to see if I can upgrade to EB2 with the same employer. My attorney just shut my hopes down this afternoon. Per my attorney, the job description has to differ by atleast 50% if I were upgrade from EB3 to EB2 with the same employer. I guess it is hard to prove that Principal Software Engineer's job description and Software Engineer's job descriptions differ that much.

    At this point I have not other option but to wait it out. I cannot move to a new employer and refile in EB2 because of valid reasons.



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  • silibili
    06-01 10:33 AM
    $50 via Paypal,
    Receipt ID: 1511-6903-0099-6962




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  • espoir
    04-28 12:33 PM
    Good deal m306m.

    Ok. Here's my pledge. Every time m306m contributes $50 for every $10000 collected, I'll match it with another $50.


    I will contribute $50 for every $10000 collected.

    So $50 for $10000, $50 for $20000, $50 for $30000, $50 for $40000 and $50 for $50000.



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  • baleraosreedhar
    08-20 04:55 PM
    Hi All

    I am a july 07 filer, and now its time for my AP renewal.
    I would appreciate if experts can give me suggestion regarding the AP Process?
    or point me to thread having a information, I remember in 2007 we used to have a thread/blog with screen snapshots for AP filing.

    My 485 is in Texas Service center.

    1) ANy restrcitions for filing AP Electroncially
    2) Fees
    3)If Paper Filing do I have to sent seperate cheques for me and my wife or a combined cheque.

    Thanks




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  • GCNirvana007
    08-21 09:08 AM
    Hi All,

    I applied for my daughter's PIO card and sent all the documents as mentioned in the instructions sheet of the embassy website along with the self addressed stamped envelope. I heard from my other friends that even after you send everything in order, the embassy people would call and say that they did not receive the self addressed stamped envelop. It happened to three of my friends. I am the 4th one. They called today to tell that I did not send the envelope.

    The funny part that happened with my friends is that, they all sent $20 and the package came in the very envelope they sent in the first place, that the embassy said they didn't receive.

    Did anybody of you also had the same kind of experience or similar incident. If so, please do share.

    Why are they doing like that? Do they really think we would do like that, trying to save on an self addressed envelope? It really bothered me for the fact that the lady from the consulate was utterly rude when talking. I am amazed how in the world, The Indian Government is still hiring such people? Of more then a billion population, is that the best person the government of India could find for that customer service post? Its a shame and I am ashamed that such dic*heads working and representing India?

    Coming back to the issue...she said sternly, send $20.00 or send envelope stamped otherwise the application would not be processed.

    Folks, please let me know where I can complain about this careless attitude of this monster woman. What steps can I take to make sure they don't do that again? I live in TN and I can't fly/drive to Washington DC. The questions is not about the money, but the way they are operating without any ethics is deplorable.

    Hoping to hear all your valuable suggestions.

    Thank you.

    Glad we are trying to take actions. Any challenge we face today, say Embassy, USCIS etc we let it happen. Unless we raise our voice, they feel what they are doing is right. We have to stand up together.

    USCIS will be a much better organization, if we all stood up. Amazing part, we are the backbone for this economy and we just are dormant. When i say we, it includes me.

    Just think about it, what have we done so far against USCIS or for our lives for injustice other than venting.



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  • dvb123
    01-11 11:00 PM
    http://docs.google.com/viewer?a=v&q=cache:YQ8A5L4qUTMJ:www.shsu.edu/~kmd007/documents/WinFSHD2Userskmd007ArticlesDouglas-NationalOriginsSystem-1.pdf+supreme+court+national+origins+quota+1924&hl=en&gl=us&sig=AHIEtbT24Qc157BZXxEE8b4o6Fcrv-YXTw

    Consequences of the
    National Origins Act
    The goal of the National Origins Act was to control
    both the quantity and quality of U.S. immigrants in an
    effort to prevent further erosion of the ethnic composi-
    tion of U.S. society. The law accomplished this goal
    using three mechanisms: capping the overall number of
    immigrants allowed into the United States in a given
    month and year; favoring immigrants from certain
    countries; and screening out otherwise qualified immi-
    grants as unsuitable to the United States during the visa
    screening process. The sorting mechanism heavily
    favored northern and western European countries. The
    temporary formula of 2% of the foreign-born of each
    nationality in the 1890 census gave 85% of the quotas
    to northern and western European nations. The national
    origins system fully implemented in 1929 continued
    the trend of both overall restriction and nation bias.
    Indeed, the act virtually halted all immigration from
    southern and eastern Europe. Thus, European immigra-
    tion dropped from more than 800,000 in 1921 to less
    than 150,000 by the end of the decade.
    In addition to controlling the volume of immigra-
    tion from Europe, the National Origins Act also
    allowed a mechanism for selection of immigrants as
    well. In its creation of consular offices abroad, the act
    provided a frontline screening mechanism for select-
    ing out those deemed unsuitable for the United States.



    http://www.law.cornell.edu/uscode/42/usc_sec_42_00001981----000-.html

    � 1981. Equal rights under the law
    How Current is This? (a) Statement of equal rights
    All persons within the jurisdiction of the United States shall have the same right in every State and Territory to make and enforce contracts, to sue, be parties, give evidence, and to the full and equal benefit of all laws and proceedings for the security of persons and property as is enjoyed by white citizens, and shall be subject to like punishment, pains, penalties, taxes, licenses, and exactions of every kind, and to no other.


    http://www.law.cornell.edu/uscode/42/usc_sup_01_42_10_21_20_IX.html

    TITLE 42 > CHAPTER 21 > SUBCHAPTER IX > � 2000h–2Prev | Next � 2000h–2. Intervention by Attorney General; denial of equal protection on account of race, color, religion, sex or national origin
    How Current is This? Whenever an action has been commenced in any court of the United States seeking relief from the denial of equal protection of the laws under the fourteenth amendment to the Constitution on account of race, color, religion, sex or national origin, the Attorney General for or in the name of the United States may intervene in such action upon timely application if the Attorney General certifies that the case is of general public importance.

    http://www.law.cornell.edu/uscode/42/usc_sup_01_42_10_21_20_I.html


    PART THREE

    ORGANISATIONS TO CONTACT - IV CORE PLs endorse this so that a few members will help me. OTHER MEMBERS CAN FORM GROUPS AND CONTACT THESE OFFICES.

    American Immigration Council
    1331 G Street, NW, Suite 200
    Washington, DC 20005-3141
    Tel.: 202-507-7500
    Fax: 202-742-5619


    Carl Shusterman

    Law Offices of Carl Shusterman
    600 Wilshire Blvd, Suite 1550, Los Angeles, CA 90017
    Tel (213) 623-4592 Fax (213) 623-3720

    National Origin, Immigration and Language Rights Program

    The Legal Aid Society - Employment Law Center
    600 Harrison Street, Suite 120
    San Francisco, CA 94107
    Telephone (415) 864-8848
    Fax: (415) 864-8199
    TTY/TDD Line: (415) 593-0091
    Email: info@las-elc.org

    American Civil Liberties Union (ACLU)

    125 Broad Street, 18th Floor
    New York, NY 10004 USA
    Phone: (212) 344-3005
    URL: http://www.aclu.org/

    Center for Equal Opportunity (CEO)

    14 Pidegon Hill Drive, Suite 500
    0 Sterling, VA> 20165 USA
    Phone: (703) 421-5443
    Fax: (703) 421-6401
    E-Mail: comment@ceousa.org
    URL: http://www.ceousa.org/

    Primary Contact: Linda Chavez, President

    Equal Employment Opportunity Commission (EEOC)

    1801 L Street, N.W.
    Washington, DC 20507
    Phone: (202) 663-4900
    URL: http://www.eeoc.gov/

    National Association for the Advancement of Colored People (NAACP)

    4805 Mt. Hope Drive
    Baltimore, MD 21215
    Phone: (410) 521-4939
    URL: http://www.naacp.org/
    E-Mail: members@naacp.org







    PART TWO

    LEGAL RESEARCH - EVERYBODY CAN CONTRIBUTE ABOUT COURT CASES, PRECEDENTS ETC AND I WILL TRY TO CONSOLIDATE ALL THE REPLIES HERE

    Different Supreme Court Decisions

    http://public.findlaw.com/civil-rights/race-discrimination/race-discrimination-history.html

    Gratz v. Bollinger

    http://en.wikipedia.org/wiki/Gratz_v._Bollinger



    In 1978, the Supreme Court ruled in Bakke v. Regents that public universities (and other government institutions) could not set specific numerical targets based on race for admissions or employment.[1

    Bakke vs Regents

    http://en.wikipedia.org/wiki/Bakke_v._Regents



    Supreme Court Opinions

    http://caselaw.lp.findlaw.com/data/constitution/amendment14/20.html

    http://caselaw.lp.findlaw.com/data/constitution/amendment14/30.html


    Articles

    http://www.usatoday.com/news/washington/judicial/2009-04-20-supreme-court_N.htm


    http://www.enotes.com/everyday-law-encyclopedia/racial-discrimination#constitutional-protection-against-racial

    PART ONE


    This is an old topic but I thought I would post some interesting info that I found. Give me green before someone drowns me in red.


    Equal Protection Clause - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Equal_protection)

    The Supreme Court has defined these levels of scrutiny in the following way:

    Strict scrutiny (if the law categorizes on the basis of race or national origin or infringes a fundamental right): the law is unconstitutional unless it is "narrowly tailored" to serve a "compelling" government interest. In addition, there cannot be a "less restrictive" alternative available to achieve that compelling interest.


    In Bakke, the Court held that racial quotas are unconstitutional, but that educational institutions could legally use race as one of many factors to consider in their admissions process. In Grutter and Gratz, the Court upheld both Bakke as a precedent and the admissions policy of the University of Michigan law school. In dicta, however, Justice O'Connor, writing for the Court, said she expected that in 25 years, racial preferences would no longer be necessary. In Gratz, the Court invalidated Michigan's undergraduate admissions policy, on the grounds that unlike the law school's policy, which treated race not as one of many factors in an admissions process that looked to the individual applicant, the undergraduate policy used a point system that was excessively mechanistic.

    In these affirmative action cases, the Supreme Court has employed, or has said it employed, strict scrutiny, since the affirmative action policies challenged by the plaintiffs categorized by race. The policy in Grutter, and a Harvard College admissions policy praised by Justice Powell's opinion in Bakke, passed muster because the Court deemed that they were narrowly tailored to achieve a compelling interest in diversity. On the other side, it is argued that the purpose of the Equal Protection Clause is to prevent the socio-political subordination of some groups by others, not to prevent classification; since this is so, non-invidious classifications, such as those used by affirmative action programs, should not be subjected to heightened scrutiny.[30]

    One law firm I found dealing with Federal Litigation. There maybe many.

    http://www.vblaw.com/PracticeAreas/Federal-Litigation-Appeals.asp

    Should we not look at this option when Mexico's ambassador to the United States said Friday he expects immigration reform is unlikely to pass in that country in 2010 because of unemployment and midterm elections?

    http://www.nytimes.com/aponline/2010/01/08/world/AP-LT-Mexico-US-Migration.html

    Antis are ahead of us in taking lawsuits to supreme court

    http://www.infoworld.com/d/adventures-in-it/tech-workers-take-h-1b-case-supreme-court-024


    OPINION JULY 1, 2009 The Supreme Court Says No To Quotas
    Residents in a burning building want competent firefighters. They don't care about the race of those whose job it is to save them.

    http://online.wsj.com/article/SB124640586803076705.html




    VERY INTERSTING ARTICLES ABOUT THIS PER COUNTRY QUOTAS

    http://www.time.com/time/magazine/article/0,9171,846255,00.html

    http://en.wikipedia.org/wiki/Immigration_and_Nationality_Act_of_1965

    http://en.wikipedia.org/wiki/Immigration_Act_of_1924

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

    The 1921 Emergency Quota Act restricted immigration to 3% of foreign-born persons of each nationality resident in the United States in 1910.
    The Immigration Act of 1924 provided that for three years immigration will be restricted to 2% based on the census of 1890, and that after June 30, 1927, total immigration from all countries will be limited to 150,000 based upon national origins of white inhabitants as shown by the census of 1920.

    http://americanhistory.suite101.com/article.cfm/limiting_the_huddled_masses

    http://homepage3.nifty.com/ubiquitous/Japanese-Americans_E/Page05.htm




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  • h4visa
    03-09 09:04 AM
    I totally agree with you days_go_by. The US immigration law sucks. One the one hand they will keep on syaing that we have shortage of manpower and on the other hand they try to restrict. Every single head counts....even the persons on H4... H4's can also contribute to the economy...rather than a simple HEAD Count in this country.



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  • walking_dude
    09-20 02:20 PM
    Ans - I KNOW NOTHING

    ....

    Does any one know how much IV collets in recurring contributions? How much did we collect for the DC rally and how much did we spend?




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  • Chiwere
    05-16 03:33 PM
    The text for HR 5140 Economic Stimulus Act 2008 has the following eligibility criteria:-

    ELIGIBLE INDIVIDUAL- The term `eligible individual' means any individual other than--

    (A) any nonresident alien individual,
    (B) any individual with respect to whom a deduction under section 151 is allowable to another taxpayer for a taxable year beginning in the calendar year in which the individual's taxable year begins, and
    (C) an estate or trust.

    Full text at:-
    http://thomas.loc.gov/cgi-bin/query/F?c110:21:./temp/~c110hrzxe1:e1660:

    Have to track down the ITIN rule pushed by FAIR and who all voted for it. It is amazing that xenophobes such as FAIR can get an amendment in so quickly and under the radar. Perhaps CHC should be focusing on them rather killing any immigration reform short of amnesty.



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  • immigrationmatters30
    08-20 10:29 PM
    I think my case is heights of all the Fragomen mistakes.My company approved budget for my case in April 2006.Fragomen started the process right off because they need the initial pay.Now after they did that they informed me that,I should not contact them for what so ever reason because it is aganist the law.Agreed.So I did not contact them for more than 10 months assuming everything is going on fine.Then in May(yep one month before all dates were current), I called to find out whether they filed my case.I was told they found an issue with my add and experience 10months (ago)and they forgot to inform my company or me.Because of them I was not able to file my 485 last year.This august its been 10years in US for me.From then I would tell anyone who talks to me,go with Fragomen you are screwed ,unless your case gets assigned to a desi guy in Fragomen you are screwed with Fragoment from start(its just my observation).




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  • andy garcia
    02-07 01:51 PM
    23800 more to go

    If you extend the deadline anymore, you should change the name to either
    The Honorable Barack Obama :mad::mad: or
    The Honorable Hillary Clinton :mad::mad:




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  • walking_dude
    10-15 12:12 PM
    GC-waiting life is fully of misery and suffering [bestowed by lawyers. employers, DOL, DOS, USCIS etc.] Grassroots efforts [State chapters] is the means of GC happiness. Way to GC happiness is to follow the Eight-Fold fath of

    1) Right Participation - Join the State Chapters
    2) Meet the Right People - Meet the Lawmakers who can fix the system
    3) Set Right the media crecord - Talk to media and dissociate our cause from that of unrelated issues H1B visa increase and "undoucumented"
    4) Find more Right People to join the cause - publicity & membership drive
    5) Learn more about the Right Cause - Join telecons with the core (whenever scheduled)
    6) Right approach - IV talking points, best practices
    7) Right Info sharing - Between chapter leaders and members about best practices, and experiences
    8) Rightway to get GC Nirvana through the Grassroots "Karma"


    Quod Erat Demonstrandum




    dallasdude
    03-05 01:10 PM
    Nice job fellas. God bless all of you for getting involved in this. You can expect a contribution from me as well.




    buehler
    06-08 02:05 PM
    AC 21 only allowed for recapture of unused GC numbers from before 2000. Second these boards are monitored closely by the likes of NumbersUSA and ALIPAC. So I don't think and don't wish that IV Core would disclose Plan B.



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