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My immigration lawyer laughed when I asked about a possibility of filing WOM to force action on my stalled I-485. So I proceeded myself. Yes, I did many mistakes but I ultimately prevailed. AILF lawyer and Assistant US Attorney could not believe that an ordinary programmer can write quality legal briefs and challenge the government. Some of my friends did not bother with WOM and are still waiting while others followed and received green cards. If you think outside of the box, you can achieve something others could not.
Not sure if this was answered earlier... however, since this is employment based immigration and every step of the way we've needed to have our employer's approval/sponsorship to do anything; can 485 beneficiary be a plaintiff in such case without their employer's consent? especially if employer is one the the major corps.? how realistic it is to assume that a major corporation. would like one of their H1-B lead class action against USCIS?
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I just sent you a pm regarding a similar situation I'd faced...
Contact me if you need more information.
Its fine so long as they are back before their AP expires.
30,000 immigrants to soon lose state health insurance - The Boston Globe (http://www.boston.com/news/local/massachusetts/articles/2009/08/15/30000_immigrants_to_soon_lose_state_health_insuran ce/)
i know a thing or two about this eb related immigration. i agree people should not suffer for years together to get a perm. res card, and that too, people who may have been in the line ahead of others.
however, i dont think it is just not being ahead that creates this spill over thing. unused visas first go to eb1, then to eb2 and then to eb3. i think, that is correct. now, my view about this categorization is that, eb1 -- outstanding people, eb2 -- better qualified, eb 3 -- skilled but not qualified in terms of degree or experience, whatever. (pls understand, i am not degrading eb3 people, i have loads of very close friends in eb3 who are extremely intelligent and i can tell you, can easily compete with the eb2 guz, as far as knowledge etc goes).
but, there is a reason for this division and just for that reason, visas have to go thru eb2 before eb 3. if that is not the case, they wont put people who go for NIW in eb2, it wud have been in eb 3 or a completely separate category.
u did mention to someone that u dont want to convert to eb2 or something in those lines, but i believe everyone should try to get to eb 2 (get masters, or after getting the experience), there is nothing wrong in doing so. (if u feel that i shud not be giving u advice, then just ignore the above few lines)
i believe some of things people pointed out like visa recapture, not counting the dependents etc are the kind of things where IV should focus energies. this is good for all immigrants
bottomline: i believe it is wrong to distribute remaining visa no.s to eb3 category before servicing eb 2, becoz i thought, the categories were specifically created to prioritize.
and please, bear in mind, i am not saying this coz i am eb2. i thought logically that was correct. and, i do easily qualify for eb 1 as well. just did not care abt a gc. i dont care abt it even now. my thinking: if it happens, good, if not, i dont care, i can always go back home-jai hind.
Mr Syendu after replying to all abusers my mind has pretty much been fogged up. Contrary to oipinion i am also working while blogging so there is the added pressure.
So now having read through your post (I appreciate no abuses) i get the jist of what you are saying so forgive me if i do not reply line by line so here is my answer
EB1/EB2/EB3 rule was never disputed by me. That is law and will never chaange. i dont like it but i will go with what is the law.
Yes i will NOT convert to EB2 because i have already spent time and energy for the first GC app. (In case any abuser is wondering the gc was paid by company so it is not the lack of funds or lack of companies willing to file for EB2 for me which is stopping me). Sure people are converting and all the best to them, but my point is what about people who cannot convert. Maybe someone has got 2 kids and single earner and he does not have the time or money to do a masters. Maybe some one is so tired working a job which is busting his or her ass off and has no energy to do that. If we think about it there are a whole lot of reasons why a person cannot do a masters. And to that complexities there are very few companies which are willing to sponser EB2 nowadays
So my plain speak is that just because every member in IV has a masters and is in EB2 or can do masters and convert from EB3 to EB2 does not mean that the majority of people out there can do the same so IV members giving advises like below ar enot only impracticle but also broder on hig handedness. Their contention is that we did it why can you not. If you cannot you must be a low skilled person who has scrapped through into the country and deserves to wait a long time for a visa.
Please remember that EB2 or EB3 is not a straighjacket and theri are people in both the groups who do not belong there and belong in the other group
Just for information i do have a masters
Visa recapture and not counting the dependents will help the immigration community only if it happens. I see nothing on the horizon which says that it will happen. As another iV member pointed out no immigration friendly bill has come for debate in the last 4 years and that is with a democratic majority which is immigration friendly as some IV members like to point out. So with such a situation piece meal efforts must be made but piece meal efforst should be directed to the heavily retorgressed community because teh big bills if and hwne they happen will fololow teh regular rule anyway
And finally i would like to say you have been most polite and respectfull and i am honoured to discuss thiongs with you
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I am very very skeptical about the claim that USCIS moved the dates to June 2006 in a random fashion. They could have moved it to Dec 2005, but they moved it to June 2006 because they have the ACTUAL GC numbers (unlike us:)) and they have an estimate of how many could be adjudicated.
Wishful thinking? May be. But everything points to above.
The Hindu : Front Page : Anti-media Government Order cleared by Chief Minister (http://www.thehindu.com/2007/05/29/stories/2007052910080100.htm)
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They asked me to submit IELTS test results inspite of submitting TOEFL score (108/120) and english proficiency letter.
Also I would like to ask the posters here who say that SL tamils are discrimanated, can you please post the things that a SL Tamil is NOT allowed to do in Sri Lanka that a Sinhalese is allowed. I am curious to know what they are. :D
Read this report if you have time. This will tell you why the problem in SL will be there for ever. Again i am not supporting LTTE.
If SL does not change then someone else will come even if there is no LTTE.
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With the level/kind of arguments that you are putting in your posts, I don't think you will be able to complete your MBA or will not survive working as a MBA. So, my suggestion is: save that 100,000 that you are planing to burn doing MBA. Use it for some other purpose.
You are not able to compete with the unskilled people even though you have more than 10 years experience, how you are going to compete with MBA's that graduate from top schools from USA and India with your phony accent. Dont waste your 100,000, use it for your child's education or maybe donate part of it to IV and someone from IV might help you in getting a JOB.
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In 2008, 10% of these already got approved.
Some 10% may have abandon application or used other priority days (porting).
Some 5% may have used cross-chargeable
So we are looking at a number close to 5000-6000 for Jan-March 2005.
So assuming the worst case of 10k including applicants and another 5k for the PERM PDs in 2005, it seems if we have 15k spill over , PD will easily surpass 2005. Considering the slow economy and rare Eb filings , that spill over number could be a very possible number
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Originally Posted by lazycis View Post
How about facts? In 2006, Philippines received 23,733 EB visas, India - 17,169. No other country received more. China received 9,484.
LAZYCIS......don't forget the fact that in 2006 there was still Schedule A...that's why Philippines and India was given more visa #s.
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Five letter word: U N I T Y
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Labor certifications from 2000 to 2006
H1Bs issued from 2002 to 2006
Hopefully using this data we can get some rough prediction on cutoff date movement. I'm going to spend the coming weekend on this.
There is a case status xls on the immigration portal for the backlog centers..That gives the total number of cases and status in both the labor backlog centers..
Look for Case_Status.xls by sktripuraneni
Apart from H1Bs the 245(i) filings in April 01 was a big source of labor certification filing.....I had found an estimate of number of the 245(i) cases some time back.... I shall try to find and post it again...Those 245(i) cases are wholesale coming into EB3 category....
Also not all H1Bs that came.. stayed in US.. some went back.. ..So we need to decide on a 'retention factor'....That is the percentage of approved h1Bs that are in GC process.. This we got to estimate somehow.....
Also we do not have a concrete source for per country distribution of the pending labor certifications in backlog centers....How to get that...?? That is the big issue.....
The H1B data is not sufficient to do that....
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ok. I will open a thread titled "who after hu" and put a poll in it too.
In case you are wondering who is hu... (pun intended)
Come on dude, don't be a 爛屄
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I worked for a canadian company in US and now would be working for a US company in Canada. This is globalization. True Globalization. Any for those whiners belonging to IEEE and its propoganda machine, I would like to mention that I drew salries which were above way above the norm. I am sure I would be drawing more than 2 of his programmers combined. Ron- ask your folks to learn to compete and update their skills. They probably studied studied 'history of mathematics' as a math subject in high school instead of calculus. They were happy that they had the coolest Nintendo games while many like me were burning the midnight old figuring out data structures at Berkeley.
I hope Berney Sanders and his club of the CIR days are hearing the developments. Berney, fix the broken education system for job protection rather than building fences to prevent legal workers to come to this gifted country. More companies will leave for nearshore if the mess continues. Fix the system by closing the H1B loopholes that a small percentage of companies are exploiting. Don't bad mouth the H1B system which has given you so much talent that you could have never groomed, the talented individuals who have contributed to the society, social security system and what not. Patch the holes in the fence, do not erect a higher fence for which people need to pay $ 5000 to cross. And by the way if you have the inclination and the time- fix the broken LEGAL High Skilled immigration system.
Byeusa, thanks a lot for sharing this. I have been thinking about such move since I heard about MS plans. If you don't mind, can you please share on the process of applying to MS Vancouver branch. Are their special postings for that branch ?
First: several members (incl self) have checked with their own lawyers and these lawyers tend to agree with the common interpretation of validity for entire month. And at least some of these are lawyers with many years of practice.
Second: Fragomen, the largest immigration law firm, on its website mentions the mid-month possibility; so while there is no government source, the whole topic cannot be dismissed as an unfounded rumor.
Third: Macaca keeps cutting and pasting from the ombudsman's report in many different colors.
The mid-month concept seems to be a matter of opinion. Multicolor posts notwithstanding, there's nothing official on this matter so far. (I emailed the state department seeking an answer; not surprisingly, I haven't heard back. If anyone else can get something from the horse's mouth, then post it here. If you can get stuff only from the other end of the horse, then maybe there's isn't much pointing in driving a general panic.)
That might be true..revelation of a corrupt politician...masking people deaths for a vicious cause of sympathy.