Monday, June 27, 2011

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  • lost_in_migration
    10-01 10:39 AM
    EB must also get some additional visa numbers from FB as an 'interest' for these 'loaned' visas from EB to FB. Now we have to finalize the 'interest' rate. How about 100%? ;)

    Thanks to Macaca, now we know that during the previous years some of the unused EB visas were effectively used for Family based GCs.

    My question (and suggestion) is, can the reverse happen in 2007-2008?

    I know, this is an opportunistic and shameless suggestion from my part. But the fact of the matter is, we are rightfully entitled to the same number of visa numbers that we effectively 'loaned' to the FB visa category in the previous years.

    What is important is that this sort of give and take can happen with out any law change. We only need to cry louder than FB folks, and USCIS may give unused FB visas to EB category.




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  • reddymjm
    03-09 01:32 PM
    Can anyone explain the whats the FOIA fund drive? Or provide a link. Thanks.

    http://immigrationvoice.org/forum/showthread.php?p=324652
    http://immigrationvoice.org/forum/showthread.php?t=24159&highlight=FOIA




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  • gconmymind
    09-14 01:59 PM
    bump




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  • ags123
    03-07 01:36 AM
    http://www.shusterman.com/

    news ticker mentions Eb3 ROW and Eb3 phillipines will Retrogress by 1 year to 2004. (He mentions a phone call from Hillary, not too sure whether to believe it)

    Could this be futher indication that the spill over from Eb1 and Eb4 and Eb5 will go to Eb2 India and China?

    only Monday will tell... This is one nerve wracking weekend.



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  • santb1975
    05-24 11:02 PM
    Every time we work on a bill we move a step forward. We have come a long way in the past 2 years. Some bills came and went and did not bring us any relief but that should not stop us from working hard when we see the next window of opportunity.

    Thanks for the information. Bills come and go every year, hard to count how many we have seen go up in the air in the last 3 years.




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  • Pallavi79
    09-14 01:20 AM
    stop fighting just for yourself. fight for the community and get your GC on the way.



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  • vparam
    09-17 08:59 PM
    we are planning to start an LLC as a group of three here......one of them being in india.i was wondering about the tax issues for a member of an LLC if he is based in India.Can he get an tax identification number.thank you.
    Yes you can have international partners in LLC but they also need to pay tax, Unless it is a single member LLC , when you get taxed as individual otherwise you get taxed as a corporations. I think it is better to ask an accountant on how to include the international partner




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  • nixstor
    07-11 11:53 AM
    In my opinion, the most likely reason why EB2 India dates have been advanced to June 2006 is to help consular posts. CP filers can get their interviews now.

    IMO, This along with the max utilization of ideal 100% is what DOS got at by moving EB2 to 06/01/2006.

    It appears like DOS wants to get each and every visa number allocated and given how USCIS have their files across the country, moving it well beyond gives USCIS a chance to pick the files that are handy.

    In other words, Some on with Jan 06 PD can get out if their file is handy. Some one with Jan 04 (there are still who dont have a GC with 03 and 034 PD's) might still be waiting come dec 08., if their file is rotting some where.

    IMO, OCT bulletin will start EB-2 India some where around APR 04.



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  • swaroopantoo
    09-07 06:11 PM
    Came in Aug 1997...
    Been on H1b since then...
    No EAD.
    Stuck in this process... seems forever now ....
    PD of Jun 02 in EB3...




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  • mhathi
    03-22 05:28 PM
    I have been a monthly contributor ($50/month) since December 2007. Already sent mail about a week ago to info at immigratin voice dot org.

    Waiting for access... Glad to help in any way I can. I like the idea of having a donor forum. I have seen too many of our posts wind up on the pages of anti-legal immigrant groups over the years.



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  • looneytunezez
    04-30 03:11 PM
    I just called and left message with the aide at Senator Dianne Feinstein.
    She said that Senator is supporting the bill, and appreciates my support.

    Next I plan to start calling other senator's office as well.




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  • GCwaitforever
    12-26 02:30 PM
    http://www.cyrusmehta.com/News_Cyrus.asp?news_id=1426&intPage=85

    II. News from the Department of Labor (�DOL�)

    Progress at the Backlog Elimination Centers (�BEC�)

    William Carlson, Administrator of the Office of Foreign Labor Certification, said that the BEC is on target for meeting its goal to clear up the backlog of Traditional and RIR cases by September 30, 2007. The BEC started with 365,000 cases that were filed prior to PERM. As of December 2006, 220,000 have been closed out and 142,000 are still pending. Of the pending cases, 59% are Traditional Applications and 41% are RIR Applications.



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  • chanduv23
    09-12 11:20 AM
    Chandrakanth,
    I agree with you 100% but it is a separate issue and must be done. What USCIS suggested to DOS that has resulted in visa bulletin is unacceaptle.
    They practically said to DOS, Big Brother, "I don't know" .
    How can they not know how many people are standing in line. When you and I take infopass, they can tell your category and priority date and whether you name check is passed or not. How come they are having difficulties in collecting the data.

    Well - what I say is - there is an issue and we have to fix it. But do you think such a tangential effort work?

    It is also known/unknown that USCIS simply does not have a system in place to locate files with old PDs - constant changes to system may have resulted in poor record keeping. I do agree that this issue has to be brought to limelight.

    I personally feel that any effort must be effective and not a half hearted effort - what I am trying to say is opening a thread and running 10 pages of messages and doing nothing? Does that work for us? Can that be effective?




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  • santb1975
    07-15 09:41 PM
    Great Going. The funding drive that was started earlier halted at 19881. Glad to see things pick up again


    to IV PO Box.



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  • MDix
    08-22 09:32 PM
    Simple English : EB2 will be more tough. They do have same strict guideline for EB1 also. If implemented then it will be tough to get EB2.

    E21(EB2):

    5. Paragraph (2)(A) of Chapter 22.2(j) of the AFM is revised to read as follows:
    (A) Evaluation of Evidence Submitted in Support of a Petition for an Alien of Exceptional Ability. 8 CFR 204.5(k)(3)(ii) provides that, in order to show the requisite exceptional ability, the petition must be accompanied by at least three of six criteria (set forth in 8 CFR 204.5(k)(3)(ii)). ISOs should use a two-part analysis where the evidence is first counted and then considered in the context of a final merits determination.
    Part One: Evaluate Whether the Evidence Provided Meets at Least Three E21 Alien of Exceptional Ability Criteria. You must make a determination regarding whether the evidence submitted in the petition meets at least three criteria at 8 CFR 204.5(k)(3)(ii). Note: While ISOs must consider the quality and caliber of the evidence to determine whether a particular regulatory criterion has been met, the ISO should not make a determination relative to the alien�s claimed exceptional ability in Part One of the case analysis.
    (i) An official academic record showing that the alien has a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to the area of exceptional ability;
    (ii) Evidence in the form of letter(s) from current or former employer(s) showing that the alien has at least ten years of full-time experience in the occupation for which he or she is being sought;
    (iii) A license to practice the profession or certification for a particular profession or occupation;
    (iv) Evidence that the alien has commanded a salary, or other remuneration for services, which demonstrates exceptional ability;
    Note: To satisfy this criterion, the evidence must show that the alien has commanded a salary or remuneration for services that is indicative of his or her claimed exceptional ability relative to others working in the field.
    (v) Evidence of membership in professional associations; or
    (vi) Evidence of recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organizations.
    Evaluation of Evidentiary Criteria in Certain Form I-140 Petitions (AFM Update AD 10-41)
    Page 16
    (vii) If the above standards do not readily apply to the beneficiary's occupation, the petitioner may submit comparable evidence to establish the beneficiary's eligibility.
    8 CFR 204.5(k)(3)(iii) provides that petitioners may submit �comparable evidence� to establish an alien�s eligibility in cases where the standards set forth in 8 CFR 204.5(k)(3)(ii) do not apply. In cases where such comparable evidence is submitted, it is reasonable to require the petitioner to explain why 8 CFR 204.5(k)(3)(ii) does not apply.
    Part One: Evaluative Determination. The determination in Part One of the analysis is limited whether the evidence submitted satisfies at least three of the criteria at 8 CFR 204.5(k)(3)(ii) or the comparable evidence criterion in 8 CFR 204.5(k)(3)(iii). After determining that, by a preponderance of the evidence, those criteria have been met, the ISO should move on to Part Two of the analysis to make a separate merits-based determination of eligibility based on the totality of evidence presented.
    Part Two: Final Merits Determination. Meeting the minimum requirement by providing evidence three of the regulatory criteria does not, in itself, establish that the alien in fact meets the requirements for classification as an alien of exceptional ability under section 203(b)(2) of the INA. In Part Two of the analysis, you must consider all of the evidence to make a final merit determination of whether or not the petitioner has, by a preponderance of the evidence, shown that the beneficiary is at a degree of expertise significantly above that ordinarily encountered. Therefore, evidence submitted to establish exceptional ability must somehow place the alien above others in the field in order to fulfill the criteria; qualifications possessed by most members of a given field cannot demonstrate a degree of expertise "significantly above that ordinarily encountered." Note that section 203(b)(2)(C) of INA provides that mere possession of a degree, diploma, certificate or similar award from a college, university school or other institution of learning shall not by itself be considered sufficient evidence of exceptional ability. To meet the criterion set forth in 8 CFR 204.5(k)(3)(ii)(F), formal recognition in the form of certificates and other documentation that are contemporaneous with the alien�s claimed contributions and achievements may have more weight than letters prepared for the petition "recognizing" the alien's achievements.
    6. The existing text of paragraph (2)(B) of Chapter 22.2(j) of the AFM is removed and the paragraph is reserved.
    7. Technical Correction: The thirteenth paragraph in Chapter 22.2(b)(5)(B) of the AFM is revised to read as follows:
    For successor-in-interest purposes, the transfer of ownership may occur at any time after the filing of the original labor certification with DOL.
    Evaluation of Evidentiary Criteria in Certain Form I-140 Petitions (AFM Update AD 10-41)
    Page 17
    8. Technical Correction: The DOL email address to use to request duplicate approved labor certifications from DOL in paragraphs (9) and (10) of Chapter 22.2(b) of the AFM is revised (in both paragraphs) to read as follows:
    The duplicate




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  • sunny1000
    04-30 05:35 PM
    atleast there was bipartisan frustration on part of congressmen on both sides except for the king guy

    Yeah, King is like that crazy Tancredo...



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  • funny
    09-12 03:15 PM
    ^Bump^




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  • gcrich
    07-18 02:26 PM
    Hello
    I have made my first contribution of $100
    Google:867468246130567
    Thanks
    Greater Richmond




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  • yabadaba
    09-12 12:55 PM
    Dear Reporter

    On September 18th thousands of LEGAL TAX PAYING immigrants will unite to bring attention to the plight of waiting years in line with no end in sight.

    No flags, no anger, no fodder for Lou Dobbs; this will be the most peaceful march that Washington has ever seen, inspired by the philosophy of Mahatma Gandhi.

    This rally will not be country specific; People affected by this bureaucratic nightmare come in all shapes, colors and nationalities.

    This is a time for all LEGAL immigrants to renew their tryst with destiny. The unworkable Comprehensive Immigration Reform bill that would have added decades to the wait time of LEGAL immigrants is now dead. Piecemeal approach bills are being introduced both in the house and the senate. We are standing and making our case - We are professionals, we are highly skilled and we deserve a fair immigration process.

    Our case is not complicated, all that is required is tweaking of numbers so that the antiquated immigration policies can be adjusted to the realities and requirements of the 21st Century.

    Thousands of people will march from the Washington Monument to the Capitol building on September 18 at 11 AM.

    Any coverage of this event would be appreciated.

    Thank you

    Regards

    Immigration Voice (www.immigrationvoice.org) is a non-profit national grassroots organization committed to feasible solutions to a broken employment-based immigration process. Immigration Voice is advocating for technical changes that will improve the quality of life of several individuals that are stuck in the backlogs/delays, and help the system to work as it was intended.




    saileshdude
    07-11 11:51 AM
    I am not sure if I should be happy or sad with this news. I was laidoff recently and had applied for I-485 on July 17,2007 i.e. current processing date for TSC. Also with this bulletin I will be current (EB2 2006). I have not found a new job yet and my company has told me that they will be revoking my I-140 after 30 days. My company lawyers are not advising me much citing conflict of interest.

    What options do I have? Will sending a new G-28 form at this time raise any issues that I do not have job with original employer as my PD is current and it is quite possible that my case maybe adjudicated. In the meantime if I do not sent new G-28 form I am not sure how much my company attorney will co-operate




    gcisadawg
    02-13 09:06 PM
    Yeah right . You dont mean to offend by being sarcastic. Why are you in US? Go take care of your old parents in India? More than your money they need your physical presence there.

    Oh wait, you probably have a brother who did not study much or maybe a sister in India who is taking care of them and you only provide monetory support.

    And yes, I dont care if this offends you.

    Oh yeah, thank you for revealing your true self. You couldnt have done it better!
    Way to go, dude/dudette!



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