Monday, October 3, 2011

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  • alisa
    02-13 08:05 AM
    This is great!!!

    All my Indian friends who were fighting with me over the (1 or 2) unused EB-2 visas from ROW, well, you can have them my friends. I ain't getting any of them anyway.

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  • amsgc
    07-04 12:43 PM
    For my spouse, I've to take care of all the fees for I-485 / I-765 / I-131 / Biometric ( $325 + $180 + $170 + $ 70). For me, I've to take care only I-131 Fees ( $170). The Company Pays the fees only for my I-485 and I-765 and also take care of the Attorney Fees for both of us. They also reimburse the Medical Expenses, if the insurance does not cover the charges, only for Employee/ Primary applicant. For all dependents it is my responsibility.

    I just want to point out that whether or not your company helps offset these costs is immaterial at this point. This is money that has gone down the drain. Depending on the Oct. Visa Bulletin, you, or your employer may have to incur the same expenses all over again. So in the end, you may end up spending more than twice the amount of money, and more in application fees.

    My only beef is that if the USCIS was intentionally working hard to preempt the deluge in July, WHY DID IT NOT TALK TO THE DOS AND MAKE THIS INFO PUBLIC??? This is unethical and unacceptable conduct.

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  • breddy2000
    09-03 11:57 PM
    If you had a laugh on my post good for you. Should have given you some relief from YSR's death. I have been laughing, smiling and eating sweets since I knew the news.


    That's all I can say...Good Night and no more discussions about this.....Peace...

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  • Pineapple
    12-14 02:16 PM
    I agree with alterego.

    There is another compelling argument against taking the lawsuit way, even if assuming there is a case to be made, and we have plenty of money. (The first is unclear, the second is a firm no, but let us assume anyway for the sake or argument)

    One of the reasons why Roe v Wade, 34 years on, is still a controversial decision today is the fact that the US is probably unique in the world in the sense that a constitutionality argument was used to decide public policy.
    In Europe, as in other parts of the world, abortion was considered as a health issue, and handled via legislation and health care guidelines.
    But because it was a constitutionality issue in US, and enforced from the bench, a significant portion of the populace felt left out of the decision making process, which stimulated a simmering opposition and entrenched the main actors of the "culture wars", which persist to this day.
    There is significant debate even among liberals whether Roe V Wade has helped or harmed the liberal cause, and if knowing what we know, there could have been another approach to achieve the same end.

    In a nutshell, approaching the courts is a double edged sword. There may be some strategic gains in the short term, but the long term impact is unclear and unpredictable. A legislative approach might be slower and incremental, but it is less risky.

    Think of lobbying as polite negotiation.
    Think of Supreme court case as picking a fist fight, in which we are badly out numbered.
    Once you have started a fist fight it is much harder to negotiate, especially from a loosing position.

    This is exactly correct. It is not the question of right or wrong here. That is what gets folks so upset on this thread, they feel since their viewpoint s right then.......... Most neutral observers like mbartosik can see this as unjust and there may be many in the US as well, however certainly not the majority. However, there are many ways in which this could backfire. One example is the recently seen debate over illegal immigration and the turn in public sentiment. Truth be told, if someone did something wrong 12 yrs ago(crossed the fence), now is married to a US citizen and has 3 US children, what do you do with them? What about the 3yr old who was brought to the USA by their parents and knows no other system? Perhaps a few years ago joe public would have given them a pass, no more, the debate has become so nasty that positions have been hardened to the point that reason does not prevail. Another reason has something to do with the perceived sense of entitlement Americans sensed in the illegal immigrant community(of course fanned by Lou Dobbs and his ilk). These are complex issues and generally you will get a lot further appealing to someones sense of fairness than explaining how you are entitled to something and will take it from them if it is not given to you.


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  • nrk
    10-21 02:48 PM
    Did you missed out the year 2006 or You expect the annual spillover happens in August and Septemeber 2010 bulletins so that they will move more than one year for EB2

    I have built a very simple EB2-I Visa predition model

    Making following assumption

    15000 new EB2 ROW I-485 applications
    12000 new EB1 I-485 applications
    EB4/EB5 use 70% of allocated visa (30% spillover)

    EB2 Visa Bulletin prediction for FY 2010
    Bulletin Quarterly-spillover Annual Spillover
    Oct-09 22-Jan-2005 22-Jan-2005
    Nov-09 22-Jan-2005 22-Jan-2005
    Dec-09 31-Mar-2005 1-Feb-2005
    Jan-10 31-Mar-2005 15-Feb-2005
    Feb-10 31-Mar-2005 31-Mar-2005
    Mar-10 31-Mar-2006 31-Mar-2005
    Apr-10 31-Mar-2006 31-Mar-2005
    May-10 31-Mar-2006 31-Mar-2005
    Jun-10 15-Oct-2006 31-Mar-2005
    Jul-10 15-Oct-2006 30-Sep-2005
    Aug-10 15-Oct-2006 30-Apr-2007
    Sep-10 31-Mar-2007 30-May-2007

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  • ramus
    07-04 08:56 AM
    Good morning..

    Please put your updated post..

    I am very glad to see every member is bringing so much energy here.

    Others: Please scan and go through 100 pages of our breaking news thread and come up with issues.. Be very specific as lengthy post could cause confusion.

    Macaca thanks again..

    Firstly, we need to identify all issues as bullet points. This is the outline/skelton. Then, we choose words to express the bullet points.

    These issues were mentioned in the 100 page other thread. Please scan it and post all issues in this thread. I will keep adding them to my original post. Check the time updated on that post to make sure that I have included your issue.

    Since Zoe Lofgren is also saying that it may be illegal, looks like it may be illegal. Zoe worked in USCIS before.

    Just woke up. Good Morning!


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  • we_r_d_world
    03-27 05:07 PM
    Love to see narendra modi as PM but I know that's far from happening. I would bet on LK for now.

    NaMo will certainly CHANGE India for sure in a positive way in all aspects. In my opinion, he has another 10 more years to go before he becomes PM. I have very high hopes for him.

    A politically active friend once told me (The quote touched me very much), if NaMo manages to stay alive for another 10-15 years, he will certainly be PM of India and that will be the start of India returning to golden ages.

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  • BharatPremi
    10-25 04:45 PM
    what is definition of "canadian business".

    Ans: The company originally set up in any province in canada.

    - May have business interest/setup in other countries in terms of
    branch/subcidiary or partnership with other compny in otehr country.
    can we extrpoltae your suggestion little bit more or is it asking for
    too much

    1. once you have PR ask your wife to open a company A.
    2. As a employee of company A you can come over to USA while maintainig your PR status. You should still be considered to be covered under candian business wanting the employee to work on international projects..

    can this theory fly...all this assuming no EAD filling in near future

    Ans: Keys: 1) companies MUST be set in both canada and US

    2) For investing you need not to be resident. This is true for both
    US and Canada.
    3) For filing GC you MUST be an employee. IF you are investor
    you can not file GC under your company
    4) US GC is very lengthy process. How you can make sure your
    employment for around 7 to 8 years? So considering this and point 3, convince your wife to set the business both in Canada nad USA.

    - Since you can not become investor to achieve US GC ( Considering to apply through Employment category .. which is cheap cost option), make
    your wife a boss and let her run business. You become an employee in Company A (Canada)set by her. Tell her to set company B in US. Tell her to find the project in US. Let her tell the client (USA) to go into contract with company B. Company B's owner (Your wife) will make a contract with Company A ( Here also your wife is an owner) for the position at that client. Being an employee of company A ("Canadian Business") your employer (your wife) will put a TN visa request to the consulate showing USA's client (comany B) business need. Upon approval you fly to USA (Now your wife is your family so wife will also fly with you) for starting a job. You will be considered "Physical Resident" of Canada as "Canadian Business" sent you to USA for business need. Now after some time tell Company B ( Owner: Your Wife)to file US GC application for "Future Employment". As long as you keep getting valid project work in USA, now you will be in a position to stop counting years of GC process. You will be able to maintain Canadian PR , can become Canadian citizen after 3 years and wait for US GC coolly. Ofcourse every year TN will have to be renewed.

    Possible flaws in theory: 1) Double taxes (In Canada nad US) ( Will require some research and good advise from Tax expert from both in Canada and US)
    2) May affect TN renewals adversely !!? ( No idea.. suggestions welcome).

    To me this way of thinking seems to be perfectly legal.. But I think we should better ask some good professinal lawyers who are experts for both Canadian and US immigration.


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  • inthehole
    07-21 09:54 PM
    I apologize if this question has been answered before.

    I changed employer "A" after 8 years and joined employer "B" last month.

    I have LCA approval copy,I140 approval copy and I485 receipt notice copy. I never had access to my employer A's attorney before and the attorney cannot & will not talk to me now.

    Now I am with employer "B" using my EAD. Since all the queries or any RFE's would still go to my previous employer's attorney, I would like to file a change of representation G-28 with a new attorney so that I can receive any future communication from USCIS.

    But few attorneys I contacted are asking me for my LCA papers from my employer "A" to get my job description. My employer A will not give it to me.
    Also they are insisting that I must send a AC21 portability letter to USCIS on behalf of my new employer B. My new employer B is a big multinational company with heavy Bureaucracy and does not understand AC21 law. As long as I have an EAD, I will be employed by employer "B".

    Even though I understand the reasons behind the attorney's suggestions, my question is

    1. Can't I just file the Change of Representation G-28 form to make sure that I receive any future communication from USCIS and respond to the same or similar job question if I get an RFE?.

    2. Also am I or my new employer B breaking any laws by not sending the AC21 portability letter to USCIS?

    (my I140 is approved on 2005 and will not be revoked by my ex employer. Changed job after more than 200 days since I filed my I485)

    Thank you.

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  • alisa
    02-15 02:13 AM
    How would letting "people" know that there is a problem help? The only people that matter are politicians.

    I dont' mean people in general. I mean people like you and I.
    Average Joe is probably not googling 'retrogression' as he enjoys his baby back ribs.
    People like you and I are.

    It would increase membership. Which would increase funding. Which would enable us to lobby more. Which will have a greater chance of success.

    From Einstein's famous equation:

    membership+funding+lobbying+patience = chance of success
    Anything else = Absolute failure.


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  • unseenguy
    08-16 12:43 AM
    Why should it be a surprise?
    How do PoE officers know if he is a film star in some foreign language movies?
    Even if they knew, why is SRK so special that he should not be checked?

    There was an instance when a pop singer from India(Daler Mehdi) was accused of smugling illegal immigrants disguised as musicians. Point is, if somebody is a celebrity, that does not make him/her un touchable?

    So shall we strip search Barack Obama or Hillary Clinton on their next visit to India? They can also be accused of bringing something illegal, isnt it?

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  • anai
    06-28 03:38 PM
    Based on this, I have again (yes, again) emailed by immigration lawyer and sent him the AILA's URL (although I cant see it coz I am not member of AILA).

    IF AILA reports that they stopped accepting new 485 petitions for EB3-other, then it is pretty freaking scary and that means that what my lawyer told me "I cant happen, bla bla bla..." is really not 100% accurate. If it happened in June, it can happen in July. This is now REALLLLY SCARY, coz my lawyer has plans for July-end for filing.

    Ever since the dates got current, it has been more stressful than the time when dates were retrogressed and almost makes me miss the retrogression days when I didnt have to depend on the lawyers for my career.

    So, what did your lawyer say? Would sure love to know, once you hear back.


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  • GCkiTaisi
    05-01 05:42 PM
    I am an Indian Tamil and firmly believe that both LTTE and Lankan Army are at fault here. LTTE's tactics have always been to use human cover and the Lankans are guilty of using heavy artillery on civilians. In fact not all the civilians are innocent, some of them are LTTE proponents who prefer to stick with them till their last breath to further promote what is called as Lankan atrocities to the world.

    I totally support the Tamil Ealam cause, but the method LTTE has taken would have never gotten them there at the first place. As a country, India should have been a bit more proactive and involved than just supplying arms to the Lankans (which was anyways done to prevent the Lankans from going to the Pakistan or China). So the Indians are just watching the tamasha -- and it is really unfortunate.

    How does it bother the Tamilians of India? They are crossed between supporting for Tamil Ealam, death of innocent Tamilians and assassination of Rajiv Gandhi and this leads to mixed feelings. Ideally I would want to see Prabhakaran hanged and Srilankan Tamilians meeting their 3 decade old goals.

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  • sunty
    02-13 11:31 AM
    $100 from me..for the first consultation...


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  • immi_seeker
    09-17 05:47 PM
    I think it is between 3000 and 3500, with depended this comes to 7500.

    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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  • sanju
    02-15 11:34 AM
    I set up a yahoo group to discuss the issue. To subscribe, send an e-mail to
    Please include your IV alias when you confirm your subscribe request.

    Also, just wanted to clarify that I will not be able to spearhead the issue. I will contribute as I can: financially, doing legal research, reviewing briefs and generating ideas. But I do not have a lot of time to dedicate to this initiative. I also think it should be somebody who is affected by retrogression. People should be willing to change their situation, otherwise I do not see the reason to help them.

    Thanks for an excellent research and arguments. Some of the arguments are well presented.

    Well, if you are not ready to lead and we do not have anyone else to lead then whats the point of forming the yahoo group? Please don't get me wrong, I am just trying to find out the objective of this yahoo group.


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  • Kushal
    07-27 01:59 PM
    Really... Millions... Have you checked the disclaimer in your lit pack under the 6-4-3 plan. A typical IBO makes $115 a month... Amway / BWW was forced to put this statement because of a lawsuit brought by Amway Diamonds and Double Diamonds... You can google...

    I know you will now state that "you don't want to be an average... an average corporate employee makes $30K.. etc.. etc.." (Straight from Brad Duncan's CD) I have used it myself hundreds of times on the prospects...

    By the way did you call IRS to check.. or you are just believing what Kanti / Kumar / Raj or any other Diamond told you.. Oh another thing that they regularly mention in their trainings "IRS and USCIS don't share data so IRS won't know if you are on H1 or not"... USCIS can ask for your Tax returns before granting Green Card...

    May be you have not received 1099 from Amway yet but the 1099 income on 1040 goes under a separate head "Self Employment"...

    I know you will respond with some nasty stuff but I urge you to take the emotional hat off and think rationally (which I know is very hard as I had faced the same things) about the direction that Amway is taking... especially in Indian community... Do you see many Indian faces these days in the Amway's Inspire magazine or new Rubys, Emeralds, or Diamonds...

    This is a good way to make some residual income (I still get monthly check 4 years after stopping to build it) but millions??? Not many EDCs and Diamonds make that money if you exclude the money from CDs, Books, CommuniKate etc..

    Good luck!

    I get good monthly checks every month (more then $115), and they don't seem to bounce either. And good thing it increases. Don't need to google anything while I can get from credible sources.

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  • StillonH1B
    03-27 03:42 PM
    I was going through all the posts and I am surprised that there is no mention of Jayaprakash Narayan.

    Jayaprakash Narayan(Doctor and ex IAS officer) is founder and President of LokSatta Party. If you are thinking its just another political party then you are completely wrong. Please go to to find out more about him and LokSatta party. And there lot of videos about him on Youtube and here is the one of the link to his speeches at Mumbai University

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  • humdesi
    11-16 09:29 PM
    DOL cannot do anything about labor sub. USCIS must stop using old PD. FOr this, we need to appeal to USCIS. Do you know who to address the letter?

    We should all contact the ombudsman. Write to him TODAY.
    Explain that labor substitution and PD porting is evil because it lets people unfairly get ahead in line. Otherwise EB2 will also soon retrogress to EB3 level.

    Here's the link:

    Write today!

    05-01 07:54 PM
    [QUOTE=Originally Posted by Keeme
    Pandey - I no longer wonder why Mulayam/Mayavati/ Lalu and Paswan rule in UP & Bihar.QUOTE]

    Keemy this itself shows how intolerant you are . On one side you are trying to profess the cause of people from your community from a different country and on the other hand trying to denigrate people from another region from your own country .

    Just because my handle is Pandey you assumed that I am from UP , Bihar and look and behave like the great Mulayam and Lalu and Paswan.

    For your information I have never been to UP or Bihar in my life except once as a tourist nor my parents .

    Your love for Srilankan Tamils seems to be a lot more than your love for your own countrymen.

    Everyone else can decide what you are.

    As for me I am an Indian - nothing else nothing more.

    To Ms. Rambha - When India interfered in East Pakistan to create Bangladesh don't for a moment believe it was to save the Bangladeshis from suffering . Please read the full war history. In any case we are paying the price for that with more terrorists coming from Bangladesh.

    We have paid the price for Srilanka also with IPKF soldiers getting killed in 1987 and then LTTE killing our beloved PM.

    Peace.. I am out more postings on this thread where people from my own country write words of hate for me out of their love for foreigners .

    07-23 03:15 PM
    Thanks !! I had a quick question ..the rules for the spillover, is that a law or does that depend on USCIS or DOS ?
    In other words can they change the rules for spillover once again ..say next year ?

    Hmmm...that's the question everyone is asking and I tried to read the actual law on this. I am not a lawyer, but what I can interpret is this: The law does not say anything about the "primary handle". In other words, if there is a spill over, should it be confined to the categories or to the countries... (which is a 'stronger' limit: per country or the category?) and this issue is not addressed specifically and that's why DOS has decided to interprete it differently now....
    So in short, you are right: it is purely an interpretation from someone in DOS and it may change

    I still feel there is small hope for EB3-ww and maybe even EB3-I ...majority of the EB2 cases were filed during july fiasco ..what if they have not been processed yet ? i.e. they will keep moving the dates fwd till it becomes current (if that still does not use up the visas) ..then they would move EB3-ww dates fwd ..once again this is wishing and dreaming :)

    That is actually a wishful thinking, and eventhough a long shot, it is possible with USCIS (anything is possible with them:p)

    But remember, if they use up this year's numbers by sept, they will retrogress everything again till the end of next fiscal year and that buys them another year to process those applications (without the worry of dealing with any new 485s due to retrogression)

    They will think several hundred times before making EB2 current, because that will mean a new round of applications (everyone with PDs in 2006 have filed their 485 already any way, and so current advancing of the dates was a calculated move not to allow any new filing).

    But as I said above, anything is possible with USCIS:p

    Good Luck to all of us...

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