Nigel Lythgoe

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  • India/China Quota numbers � Update | Klasko, Rulon, Stock & Seltzer, LLP: Blog (http://blog.klaskolaw.com/2011/04/01/indiachina-quota-numbers-update/)

    India/China Quota numbers � Update
    April 1st, 2011 by William Stock
    While the USCIS numbers of pending I-485 make me relatively pessimistic on movement for India and China EB-2, the State Department�s internal case management staff are feeling more optimistic. In fact, we are seeing the National Visa Center issue fee bills for EB-2 India immigrant visa files with priority dates as late as November 2007, which would seem to indicate that NVC, at least, thinks the visa numbers will move at least that far ahead this year.

    A caveat against reading too much into the NVC action: recall that it was imperfect information-sharing between USCIS and the State Department that led to the July 2007 �Visagate� debacle, and NVC likely has a small minority of the overall number of visa petitions with India and China EB priority dates in 2006 and early 2007, since so many of those beneficiaries could file for adjustment of status in July of 2007.

    It�s also possible that NVC is simply trying to get cases set up with fees paid and documents submitted in case the numbers stay current for the rest of the fiscal year � but applicants would lose their filing fees if the numbers retrogress later this year.

    We will have to wait for the May Visa Bulletin from the State Department, likely released by April 13 or so, for more detailed information on the State Department�s thinking.



    Counting the dates..... Thank you all in IV team; great work





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  • There is no message. Just a soft update on the date. I just called USCIS and no news was disclosed and asked to wait for another 30 days for response.

    Did you send the email to NSC or TSC depending where your case is now.

    If it is NSC send the email to ncscfollowup.nsc@dhs.gov
    If it is TSC send the email to tsc.ncscfollowup@dhs.gov

    With all your case details.

    Send me a PM if you need additonal details.





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  • 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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  • Can we atleast run it by Attorney Khanna rskhanna@immigration.com or Mattew Of immigration-law.com get a feedback of the possibilities.





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  • Guys,

    Not sure whether below information is any helpful.

    My Priority date is : July 2007
    I-140 approval date : March 2009
    Processing : Consular

    Today i received a mail from NVC to pay immigration processing fee of $794.

    Does any ones what is this for ? does it help to know the demand ?


    Regards





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  • Yes, because there was no other way I could rack up 2300 minus points. I find this game as silly as it is irritating, but letting them know it doesn't work with me anymore. Yeh unka bachpana ka nishana hei.. They're just being kiddish

    You are kidding right. I currently has - 20,000 points. So that would mean 20 k IV members did not like what i stated and yes that is 20 k within a week :D:D:D





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  • when you emphasize something unnecessarily, ("I am also from India") proves that you are lying. So foolish... Try your tricks somewhere else you tunnel rat!:mad::mad:

    I am also from India but the point I am discussing here is clearly a violation of law by Outsourcing vendors including IBM (not just Indian companies), TCS, Wipro etc. I work for a medium size consulting firm based in US and on H1 visa ...and I am impacted by these violations and I think I have the right to oppose this act.... to prove my identity shud I tell you my stories in Chennai consulate... or shud I tell u abt my days in b'lore or shud I tell you all abt my 24 years in India.. you can decide :-).

    BUT regarding the L1 violation we have decided and this time the vendor is exposed to the authorities and justice is done. We have the support of good client managers who understands visa regulations.





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  • I have a few theories on this. This is meant just to open discussion.

    1) The USCIS and State department are not communicating at all. This is not at all uncommon within gov't agencies as we all know.
    The State Dep't released the bulletin perhaps without realising the full ramifications. Having heard from the USCIS..........hey hey hey what the F&^% are you doing? They may have realised over the last few weeks what a mess they have on their hands. Now they are trying to undo it.



    thats possible. I thought the Ombudsman also said something to this effect. that these three (DOL/USCIS/DOS) dont talk to each other as well as they should. Also, apparently visa dates are set by ONE person who does all the number crunching. that seems to be weird. There should be a more transparent mechanism of doing all this.


    2) Another possibility I can think of, is that this is a grand plan(heck I almost said grand bargain) concocted by the USCIS to get 485s OUT of the system as much as possible while minimising those that can get IN. Hence you might see in the coming few weeks thousands of approval letters all dated the 2nd of July. That will allow them to clear their backlogs of pre-approved, approvable cases and clean the slate fresh for the new fees structure/new quota in the new year. Some of you might remember they retrogressed to unavailable around this time 2 yrs ago. They do these weird things in the 4th quarter.


    the U two years ago was apparently because USCIS somehow used up more visas than they should, and ate up all the numbers from the next quarter. Apparently that was the only year they did not waste visa numbers.

    I guess hte only reason they dont want applications IN the system is because it looks bad on them (# of backlog cases); otherwise whats the harm: take the file and stick it on a shelf. As the applicant keeps coming back for EAD/AP
    keep milking them for money. win-win.



    3) Of course the last option is their brains have the same IQ as that of any common critter that messes up your garden.

    Pick your poison, it is all the same. I feel for everyone whose hopes were raised so high. It is truly inhumane of them. If they planned this, they should atleast have delayed the release of the July VB.

    I would think its #1. The miscommunication across these govt. bodies. We pay the price, there will possibly be a lawsuit (which will be quickly settled) and some heads will roll.





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  • I am not getting anyone to answer the phone in chairman Conyers' office. I am not going to voice mail also. All that I am hearing from the other end is ring, ring and ring... endless.





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  • I have one PERM EB2 labor certified and I-140 PP in under process. Received an RFE for I-140 on June 1st and my company's paralegal analyst responded back on June 6th. Since then there is no news on my I-140. I have another RIR EB3 labor stuck in DBEC based on the case analyst email it should be cleared by June 30th but there is no assurnace on that. Now I am in a fix whether I should file my I-485 on the PERM EB2 where I-140 is stuck with an RFE or should wait for RIR EB3 to get approved.

    Also is it possible to file I-485 on my PERM EB2 case now and later use EB3 RIR PD in EB2 case when I get my EB3 labor and I-140 approved?

    Please post your experiences and advise. This is really important for me to find an answer b4 I take any step forward.

    Thanks,

    -Dhiraj





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  • Hmm interesting.

    So if I buy a gas guzzling SUV/Truck and the price of it goes down to 1/4 because of soaring oil prices, I guess dealer should pay me back the 3/4 because it is not my fault. Right ?
    And if I bought used Hybrid which is now selling like hot cakes and I make a profit I must redeem it to the car dealer. Because I made money I didn't anticipate. Also, my 401K losses should be returned back because it isn't my fault the stocks are loosing value. The price of gas I paid this summer was twice what I am paying now, so I must get back the money I spent this summer, because it is not my fault that there has been fluctuations in the oil prices.

    Well, if only it were that simple. That's not how the system works, although you would want to be that. When you sign the dotted line you are in the binding contract and from then on profits, losses and fire sale is all yours.
    You have to live up to what you have signed or next time around you signature will not be honored.


    Dude, then why are we blaming people like punjabi.........it is not his fault that the supply was abundant and demand receded..........I would still blame the banking system for the housing failure.......they landed out money which they knew would stop coming back at one point in time........and again, it's not that he cannot afford his monthly payments...........he just cannot sell his asset - to me that is a problem on the part of the lender and not the borrower. No wonder banks are re-adjusting the home loan amounts (to a much lower value than originally specified in the agreement) for people who cannot pay the normal mortgage (due to whatever reasons). Go and teach the same lesson to these greedy banks and lending institutions.

    Again, I am not saying that foreclsosing (escapism) is a good route to take, as there are other ways to keep the paying the mortgage without hurting your mobility but at the same time it is not prudent to blame it entirely on the borrower - lending institutions are responsible for major part of this mess.





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  • If I hadn't already spent $34 on sending flowers to USCIS, I would have definitely sent a "bon voyage" bouquet to you.

    To anyone still thinking about sending flowers, do this woman a favor, and send her flowers instead!

    Hello all
    I am a silent visitor of this website.
    Just my 2 cents... Don't think USA is like India where you can do something forcefully. Why don't you guys understand the real problem of USCIS.
    Do you think that by sending flower to USCIS will force them to make EB2/EB3 current for 2005/2006/2007 guys??

    Please try to understand their problem.
    Also India is the great. Why don't you guys just think that India is your home country where you are born and brought up. Why you people can't just wait and watch?? If nothing happens to the so called GC, then why don't you think to pack up and go back to India???????

    My sincere request, please don't do rally, you might be arrested......you never know what they can do..... Don't you think that, it is better to go back to India rather than being embarrassed here in US???

    Isn't it a shame on us to go for Rally to get GC?????:D

    Just think that you will get it when time comes, otherwise pack up.

    Please don't take much tension as life is very short. I am assuring you all, nothing will happen with law suit and flower campaign.Don't irritate USCIS by doing all this please.

    EB2 India
    PD-2005-May
    I140 approved-Sept 2006





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  • Nothing is void, unless the application(i485) is denied. If we compare Oct 2010 inventory with Jan 2011 inventory we see changes in monthly pending cases before 01/01/2006.

    DOS look for approvable cases in a particular month, as opposed to USCIS look at overall pending cases.:)

    The bottom line is how one is interpreting the data/information available? We really don't know how DOS is interpreting USCIS pending inventory when publishing their demand data.

    I strongly doubt your argument. For the past six months , Demand data before Jan1st,2006 stayed zero for EB2 I/C. If USCIS thinks one of those pre 2006 cases are approvable then we would see this reflect in DOS demand data.

    At the end of the day, whatever data that is listed in Demand data is all that matters. Since it is the only determining factor for setting VB dates and nothing else





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  • AILA has created this document. We will have to make sure that our clauses are not removed from these bills like what happened at S1932.

    http://www.shusterman.com/pdf/immreform106.pdf





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  • I would like this idea to materialize but I am just wondering how it is practical.

    Except for waiting for a visa number to be available all other delays are due to the time that it takes to process a case (and also due to the country quota). In labor stage, DOL determines if there is any citizen who fit in the labor description and who is looking for a job. In 140 stage, USCIS determines if the company is in good standing and has the ability to pay. In final stage, the candidate’s biometrics is taken and his background checked. All these are essential process in adjudicating a GC case in the employment category. I just do not how all these can be surpassed and candidates handed over a GC, let alone citizenship.

    Allocating recaptured visa numbers and following a sensible order is more practical in eliminating some of the delays…

    Most of the people in this forum or most are very highly motivated and cant wait in queues for ever due to the delays that make no sense. I am not sure whats not so clear to you. Looks like you got used to these waits. Are you used to these waits, or have no motivation to do bigger things like rising in jobs, creating companies, creating jobs, but are ok to be stuck forever in these processes that make no sense... Sorry, but not many want to wait in lines beyond the limit.





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  • Here is my take-

    Foreclosing on your house is asolutely legal in the USA. You can even declare personal bankruptcy if you are in a real mess.

    Ofcourse you need to evaluate the consequences of forclosing or declaring bankruptcy.

    Wall Street executives are cahsing in millions of dollars in bonuses while filing for bankruptcy. This is how the system works in a capitalist country. There is no place for morals and ethics in capitalism. It's all about playing by the rules.





    I had bought a house 2 years back thinking that i will sell it after couple of years and make money. I know many people might have done that. I didnt knwo that having a house will become a burden for me wrt moving to a different place in search of a job. I do see jobs in cities outside my state and was thinking of applying for those jobs. My problem is that if i sell my house, i will have to pay from my own pocket.
    Having a house in this market has become a pain as it has made me immobile with respect to good job offers.
    I was thinking that incase i find a job in a different state and cannot travel back home frequently and also renting is not a good option then should i leave the house to the bank for foreclosure?
    Will this affect my GC process. I have no plans of buying a house in coming years.
    What might be an outcome of foreclosure, keeping in mind that i am wiating for my GC process.
    If anyone had an experiecne like this or may know someone, please share ur thought..





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  • yes enter till 2010 , if u can see on the left of yr 797 the i94 number might be same as yr white card ( provided u have not gone out of country ) .... that will mean that yr white card validity have been increased till 2010

    Can somebody answer this....





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  • Agreed on your point. But there are other discriminations at workplace such as , age, race, sex and sexual harrassment. Those who complain about it effectively terminate their careers. If you want to go , complain against this L1 misuse fine, but you are not going to get mileage, maybe some bad breath and bad publicity and eventual loss of reference & job. If your company / client has decided they do not want to persist with you, there are 101 ways they can get rid of you, legal or illegal, my suggestion is, if you were exposed,

    can L1fraud hold his head high in front of his client and still ask for reference with no sense of guilt in future? If not, he has lost half the game but now wants to lose the other half in a self destructive manner.

    I cannot believe you are saying this. Are you actually saying that you will let stuff like this happen just because you think your company might get rid of you if you complain? If your wife or daughter has a boss who is flashing her everyday, will you actually tell your wife or daughter to 'suck it up' and put up with it just because you fear she may not get a reference??

    Laws are designed to prevent this exact kind of thing. I personally would, to quote a Hindi movie dialog, take a sledge-hammer and change the geography of the abuser's face. On a more practical note, I would lawyer up, collect evidence, spin up a multi-million dollar lawsuit, and use settlement money to sip MaiTai on some beach in Lanai, while the harasser gets to suck on cock-meat sandwiches in the nearest penitentiary.

    Sense of guilt... the guy who is breaking the law should have that. Not the victim who wants a reference. C'mon grow a penis!





    Congrats SoP. I knew you would get it soon as mentioned in my previous post. All of your efforts got paid off. Yes, I might need your help in writing a touchy letter to Napolitino.
    Could you post the main body of theletter that you sent to Napolitino.

    Folks,
    Today at 2:03 PM EST I received the coveted CPO mail for my wife. I was approved on Sept 3rd and was the primary and I have not yet received the CPO as there is Biometrics issue, my wife had the same issue but the vagaries of USCIS which is worse than Indian monsoon...

    I wish Caliguy, Fatjoe, Apb and many others who are at or older than my PD get their approval soon. If I can be of assistance in any way to you guys please let me know....My wife her case was separated from me and I was worried that it fell thru the cracks..but my persistence with all the channels especially congressional and POJ I guessed did it.

    Not that you guys are leaving any stone unturned but just keep trying...

    She was at initial review stage till Oct 2nd and not preadjudicated and separated from primary case and bingo on 5th she jumped to CPO...

    You really never know...

    Take care and I'll still be visiting IV and commenting and helping out..

    SoP





    All of you guys are smart ,highly skilled immigrants.

    Let me make one thing clear. Govt has defined EB categories : EB1 , Eb2 and EB3 . based on level of exp and education etc..

    Now that your employer has applied for you in Eb3 even though you were qualified under Eb1 or Eb2 then govt can't do any thing. Like if you are making 70k with 5 years exp and which is ok as per your labor cert of H1b then govt cannot do any thing . Even though u r less paid compare to market.

    same thing here.. If you think you can qualify for Eb2 and your employer want to apply as EB2 . It should not be issue. You are most welcome to do so. But I see common ground as HR 5882. Why dont we work hard and hard to get HR 5882 pass. One of my friend has MS from USA from top uni. with 18 years of exp from India and 3 years of exp in big 5 from USA. Still his recent employer applied under Eb3 . Should he complained to govt ???
    He left current employer and found another who willing to apply under Eb2.

    Unless Eb1 current Eb2 should not get any spill over same way unless Eb2 current Eb3 should not get Spill over. No matter what way you fight govt wont agree to give high priority to Eb3 compare to Eb1 or Eb2 . as from VDLRAO's post Eb2 does not need much visa to become current so if we get recaptured visa then eb2 will be current and Eb3 will get most of visa out of those recaptured visa.

    CALL CALL CALL CALL unless you win.. Dont need to fight here which is not going to work out for any one.


    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



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