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  • drona
    07-11 01:30 AM
    Posted on Khabrein.info and NewsPost India

    'Gandhigiri' by Indian green card seekers in US by Arun Kumar

    Washington, July 11 (IANS) In an eloquent display of 'Gandhigiri', unhappy Indian green card seekers sent hundreds of flowers to the US immigration agency to protest a last minute reversal in policy that would impede their way to permanent residency.

    Inspired by the hit Hindi movie "Lage Raho Munnabhai" that extolled Gandhian ways of non-violent protest, the green card applicants plan to send around a thousand flower deliveries to US Citizenship and Immigration Services (USCIS) Director Emilio Gonzalez in a three-day campaign that started Tuesday.

    The protest followed the abrupt reversal last week of a June announcement offering expedited processing of green card petitions for thousands of skilled foreign professionals working under H1-B visas - reserved for skilled workers in computing, engineering and other special professions.

    Thousands of such visa holders scrambled and spent money on lawyers and medical exams to beat the July 1 deadline for green card applications. The abrupt change sent them back to the queue for 2008.

    Besides India, skilled workers from China, Poland and many other countries will now have to spend more time and money to get the coveted green cards - a halfway house to US citizenship.

    "The idea is to push them to honour their earlier notification," said Aman Kapoor, founder of Immigration Voice, a forum that inspired the unusual protest.

    Indians are the worst hit by country quota caps for immigration visas, which treat a billion strong India, boasting a highly skilled workforce, on par with a country like Trinidad and Tobago of one million souls, he said.

    On its part, the USCIS response was equally pacific. It plans to forward the flowers to Walter Reed Army Medical Centre and Bethesda Naval Hospital in Washington, the main facilities treating US soldiers wounded in Iraq and Afghanistan, said Gonzales in a statement on the agency website.

    http://www.khabrein.info/index.php?option=com_content&task=view&id=2103&Itemid=88

    http://newspostindia.com/report-6897





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  • BMS1
    01-24 03:14 PM
    For transiting through US airports, you need to prove you do not have immigration intent or commitment to another country like home ownership, (and the whole nine yards that go with it). That is far more difficult to establish. Many businesses in developing countries that used to route travels to South America via Atlanta now route them via Europe which is easier compared to US since 2003.
    Actually US travel industries are fighting hard to get Transit Without Visa (TWOV) and International-to-International (ITI) passenger programs in US airports re-introduced.





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  • mhathi
    09-09 11:55 AM
    These people are already co-sponsors. Do not call them.. Call the rest.

    Artur Davis (D-Ala.) 202-225-2665
    Jerrold Nadler (D-N.Y.) 202-225-5635
    Linda Sanchez (D-Calif.) 202-225-6676
    Jim Sensenbrenner (R-Wis.) 202-225-5101
    Melvin L. Watt (D-N.C.)202- 225-1510
    Zoe Lofgren (D-Calif.)202- 225-3072





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  • ramus
    06-29 07:04 PM
    There is more update on AILA web-site...
    "Follow-up to Update on July Visa Availability"

    Can anybody find out what is it?



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  • trueguy
    08-21 12:22 PM
    The law unambiguously states that for employment based categories - EB1 spillover should first go to EB2 and whatever is not required by both EB1 and EB2 will spillover to EB3. If the USCIS has been doing something different previously they were actually not following the letter of the law.

    Here are the relevant sections of the INA which unambiguosly states the above.


    Here is what Section 203 of the Immigration and Nationality Act states -

    EB1 -

    (1) Priority workers. - Visas shall first be made available in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (4) and (5),...............

    EB2 -

    (2) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability. -


    (A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraph (1) ...............


    EB3 -

    (3) Skilled workers, professionals, and other workers.-


    (A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), .........


    Yes, the same law can be interpreted like this:

    EB1-ROW unused visa will go to EB2-ROW
    EB2-ROW unused visa will go to EB3-ROW

    Same for each country.
    But its not happening. What actually is happening that they are giving unused visa from EB1-ROW to EB2-ROW to EB2-I/C. WHY?

    So EB3-ROW is retrogressed bcoz it doesn't get any spillover and hence it affect EB3-I.

    So where is the correct interpretation? Does any body know?

    Don't take me wrong here. I don't favor EB3-ROW or any particular category. I am EB3-I with PD Nov 2002.





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  • waitnwatch
    08-21 12:33 PM
    Yes, the same law can be interpreted like this:

    EB1-ROW unused visa will go to EB2-ROW
    EB2-ROW unused visa will go to EB3-ROW

    Same for each country.
    But its not happening. What actually is happening that they are giving unused visa from EB1-ROW to EB2-ROW to EB2-I/C. WHY?

    So EB3-ROW is retrogressed bcoz it doesn't get any spillover and hence it affect EB3-I.

    So where is the correct interpretation? Does any body know?

    Don't take me wrong here. I don't favor EB3-ROW or any particular category. I am EB3-I with PD Nov 2002.

    The bottom line is that there should not exist such severe retrogression and that is what all of us should work to remove. But the law is what it is -

    The law makes allotment between categories (EB1, EB2 and EB3) in Sec. 203 of the INA. Section 202 talks about country limit (note the exception clause which provides for the parallel distribution as the country limit becomes invalid if more visas are available in a category than is consumed using per country limitation).

    Excerpt from Section 202 of the INA

    (2) Per country levels for family-sponsored and employment-based immigrants. - Subject to 1a/ paragraphs (3), (4), and (5) the total number of immigrant visas made available to natives of any single foreign state or dependent area under subsections (a) and (b) of section 203 in any fiscal year may not exceed 7 percent (in the case of a single foreign state) or 2 percent (in the case of a dependent area) of the total number of such visas made available under such subsections in that fiscal year.


    (3) Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.



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  • zzsbzz
    07-15 09:47 PM
    I'm wondering if these figures actually provide ammo for people who claim that H1b is driving down salary. A $50k median starting and a $60k median is not that great.



    Median salary for H1B in computer related occupations: $60,000

    Median salary for H1B in computer related occupations for initial employment: $50,000

    Median salary for H1B in computer related occupations for continuing employment: $68,000





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  • desighee
    08-25 12:36 PM
    I heard some one telling me that there is a max limit of 5000 mts per month which includes local, long distance and international.

    Is it true or just a rumor ?

    read their terms and conditions...the unlimited plan holds good for normal residential use.Normal residential use is defined as a usage of less than 5000 minutes.so basically it is a hidden way of saying 5000 min/month.if it goes over that vonage can disconnect your service or charge extra per their discreetion



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  • espoir
    07-11 07:13 AM
    http://www.thnt.com/apps/pbcs.dll/article?AID=/20070711/NEWS/707110343/1001





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  • garamchai2go
    01-03 10:53 AM
    VO doesnt keep your passport if a via not issued at the time of the interview . He gives it back after the interview. Once you receive the email , you have to go the VFS office and then had in the passport.

    My bad. I was thinking he/she got visa and waiting on PIMS verification. For PIMS verification, consualte keeps passport and issues visa after PIMS validates the I-129.



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  • grupak
    08-21 12:23 PM
    EB3 will not any visa from recapture bcoz it will go to EB2 first. EB2 line is not going to clear in next 10 years bcoz nowadays everybody applies in EB2 and as they move VB forward for EB2, more and more people apply for AOS and it never ends.

    So EB3 won't be benefited by recapture unless there is a clause specifically for EB3 allotment out of that recapture

    We need some numbers to back this up. I think you are saying EB2 will not become current even with the recaptured number. There is another thread for requesting numbers from USCIS about pending applications per category, per country. So, participate in that campaign as well.

    We need the numbers. I would have guessed roughly 50% of pending 500K applications are from India, 50% of that is EB2, so recapture of 200K visas should help.





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  • meghanap2000
    10-20 12:32 PM
    Well..congratulations indeed. After you interview, did you do open a SR, take InfoPass or talk to IO on phone about your case status?
    We are still waiting here and wondering what can we do to nudge the process.

    Hi,
    This info is for the cases who had the interview local USCIS offices where they live.
    After interview ,pls take info pass for every 2 or 3 weeks and when you meet infopass officer, please fill up one yellow form (this form used to send any request to any other department who handled 485 cases.) to adjudicate your case.Make sure you give your i-485 copies and i-140 copies, You can write at least 5 or 6 sentences at the end of the yellow form to supervisor epalining when u r intervew is completed ,,u r PD is current etc etc.

    The way it works like this :
    The dept that takes care i-485 interviews is different from the dept infopass officers in local office.Even though they are in same office, the only way infopass officers can send request the 485 dept is using the yellow form..Pls request for it. Then most of the times info pass officer fils up the form and you will add any additional info at the end of the form. Then infopass officer will send the form to 485 dept supervisor.Supervisor will see the yellow form..if you are lucky he/she wil take action imediatly..otherwise go again after 2 weeks..Request the info pass officer twice or thrice..

    This helped me...



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  • appas123
    08-13 07:44 AM
    I have one more question, What should I fill in 1-9 lines? Should I fill with Primary applicant information?
    Fill it with both primary and derivative details. Write in small font with a pen. This will avoid different forms for each applicant.





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  • Abhinaym
    03-31 09:03 AM
    Looks like this year USCIS understood they need some money and accept some extra applications, which may be the same file I485 when PD is not current. and date might go to end of 2007.
    Just a thought

    Ghee shakkar for you ...



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  • kalyan
    01-06 09:28 AM
    I think we should write letter and incorporate such things in our DC campaign.

    I am tentattive to the DC campaign. But we should come out with a document or website and have our guys officially sign it and send it to all the parties involved in making such decision.





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  • whitecollarslave
    03-28 03:28 PM
    So, I guess it all boils down to what is the legal status of somebody who has 485 pending, EAD, and AP? At that point you are no longer on H-1B. Is this status covered in the definition of a "U.S. worker"? ... Anybody?

    As per Ron Gotcher, "Anyone with I-140 portability and an EAD is a "US worker" as that term is defined by the Department of Labor.".
    See:
    http://immigration-information.com/forums/showthread.php?t=4704
    and also
    http://immigration-information.com/forums/showthread.php?t=4702



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  • GCKaIntezar
    05-19 10:43 PM
    Folks,
    Quick question on 485 processing times (I know a lot of folks have been waiting for couple of years for their processing to complete)

    I checked on the USCIS website, they show that Texas and Nebraska are processing Sep/Oct 2006 cases. How can one gauge a typical processing time at USCIS for 485 applications? Any clues?





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  • acecupid
    08-21 12:33 PM
    I don't think it will do much good sueing uscis on this issue. The point is, they have the legal authority to be the one interporating the law. So, if there is "gray area" in the law, the law says it is their understanding that matters, not ours or any one else's. So, unless the law very specifically says it must be done in another way, you can not argue uscis did the wrong thing.
    Now that we see the immigration law does not very specifically regulate how the flow should be like, so uscis have the authority to "understand the intention of the law" and act accordingly. You can't say you think the law means otherwise and thus sue uscis, because that argument makes no sense to the court. The court will only accept the argument when the government is apparently acting against the law.

    We can definitely question them on how their understanding changed on visa spill over distribution.





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  • WaldenPond
    01-02 10:30 PM
    WaldenPond,

    I send u a PM.
    --MC

    Thanks mchundi. I replied to your PM. Please continue to contribute to this forum with ideas, information and participation that would help everybody here. Your participation is very important as it motivate others.

    Thanks again.
    WaldenPond





    jsb
    09-21 11:30 AM
    JSB ! You are just one very optimistic one.. aren't you ? :)

    Let me tell you I am as anxious and frustrated as you all "July 2 filers, no action yet" are. But I am thinking about it a bit calmly, rather than thinking of doing something so that I feel that I have done something (i.e. complain, write to congressman, etc.). Expressing my anger by saying they should have done this or that, does not change the situation. I believe USCIS is working, as expected, with the capability/attitude of a government worker, treating our filings (which are so important to us) just another government office paper work. Best is just to wait for another 10 days, and if nothing is heard by then, take action as per procedures.





    Chiwere
    08-20 12:08 PM
    I checked my Vonage account which I have had for 3 years now - I was on a Premium unlimited plan for $24.99 I found out on logging in today. Changed to World plan just now for no charge. It's Awesome. Thanks to OP!



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