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  • eastindia
    09-23 12:36 PM
    A lawyer posted this on his website

    Visa Bulletin Predictions and Updates from Charles Oppenheim
    September 23rd, 2010 | Category: Articles, News

    Yesterday our office attended a American Immigration Lawyers Association (AILA) discussion session here in Washington, DC with Charles Oppenheim. Mr. Oppenheim is the Chief of the Visa Control and Reporting Division at the U.S. Department of State. For many, he is simply known as the person responsible for the monthly and annual visa number allocations for family- and employment-based green cards. He is also the person who prepares and publishes the monthly visa bulletin which is highly anticipated every month.

    We are asked on a daily basis by our clients to provide visa bulletin predictions and when a particular priority date may become current. As a result, on behalf of our clients, we appreciate the opportunity Mr. Oppenheim has afforded us to get some advance sense of the movement of the priority dates.

    General Visa Number Trends

    Mr. Oppenheim noted that in the employment-based context, each green card application case is larger than previously expected (because many primary beneficiaries have married and have children). As a result, and in recognition of the fact that many EB-3 India and China candidates are now eligible for and applying under the EB-2 category, Mr. Oppenheim noted that the employment-based visa numbers are expected to remain oversubscribed and to move slowly forward.

    With respect to family-based cases, Mr. Oppenheim noted that the demand, especially in the FB2 category has been much lower than anticipated and as a result the FB2 category has noted significant forward movement over the past few months and that this aggressive forward movement is expected to continue. Mr. Oppenheim that the FB2A forward movement is unprecedented and provides a rare opportunity to file family-based green card applications

    Visa Bulletin Predictions � Employment-Based

    Mr. Oppenheim was able to provide some predictions and expectations for movement of visa numbers over the next few months. Please note that these are short-term predictions and depending on the number of applications as a result of the next few months� visa numbers, the rate of cutoff date movement may change.

    EB-3 Rest of World (ROW). This category is expected to move very slightly forward or to remain unchanged in the November 2010 visa bulletin. The reason is the high number of applications waiting for a visa number in this category.

    EB-3 China and EB-2 China. These two categories are expected to move slowly over the next few months � by one or two weeks at a time for the next few visa bulletins.

    EB-3 India. Similarly, this category is expected to move very slowly over the next few visa bulletins � perhaps by one or two weeks at a time.

    EB-2 India. This category is expected to remain unchanged or to move very slowly forward (by a week or so) in the short-term. This is mainly caused by the fact that many EB-3 India applicants (there are approximately 60,000 EB-3 India pending cases) are �porting� their priority dates into the EB-2 India category and are thus taking visa numbers.

    Visa Bulletin Predictions � Family-Based

    Mr. Oppenheim was also able to provide some predictions and expectations for movement of the family-based visa numbers over the next few months. Unlike the employment-based visa numbers, which are expected to advance very slowly over the next few months, the family-based visa numbers, especially in the 2A category are expected to continue to advance consistently and relatively quickly.

    FB 2A. According to Mr. Oppenheim, this family-based category has shown a very low demand over the past months; accordingly, Mr. Oppenheim expects that the 2A category (spouses and children of permanent residents) will continue to move forward aggressively and by the February 2011 visa bulletin, this category may be current or close to being current.

    FB 2B. Similarly, movement in the 2B category has been faster than anticipated due to low demand; accordingly faster forward movement in this category is also expected.

    Conclusion

    Mr. Oppenheim�s comments are extremely helpful to get a sense of the visa cutoff dates over the next few months. Although our employment-based clients may be disappointed by the slow forward movement which is expected, our family-based clients should consider preparing and filing family-based applications, especially in the FB2A and FB2B categories which are expected to note significant forward movement in the near future.




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  • kvranand
    09-25 10:40 PM
    I have received all of my family reciepts (I-485,AP,EAD) today from my attorney. Case filed at NSC and got the receipts with LIN numbers. Package reached NSC on Aug 10, '07.
    RD Aug 13, '07.
    ND Sept 19, '07.




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  • buddyinsd
    08-27 06:44 PM
    I'd suggest u guys take ur card magnetization talk onto another thread instead of making other current and still waiting ppl feel bad about the fact that they still dont have cards but here we have others talking about their plastic cards.

    it is not to prevent 'de-magnetization' but to prevent rfid communication. All new passport and other govt id 'cards' ship with rfid chip in them which contains encrypted biometrics info. Since rfid info can be read even 10 meters away with right equipment, it is better to put it in a metallic sleeve (creating a Faraday cage) to prevent anyone from sniffing then biometrics info.
    here is more info ..

    SecureIDNews | New U.S. 'Green Card' using optical stripe, RFID technology (http://www.secureidnews.com/2010/05/12/new-u-s-green-card-using-optical-stripe-rfid-technology)

    edit: some additional info, mythbusters did a segment on the myth of demagentized credit card. It would take a really very strong magnet to demagnetize the strip, definitely not the kind you would carry in your pocket.




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  • gcbikari
    04-25 01:50 PM
    [QUOTE=gcbikari;242385]Did you ask Attorney what happens if your employer still choose to Sue you? My friend's attorney told most of cases will be settled, but we might loose money up to 10K. Is it woth it doing? Also if we choose to fight, we might have to attend hearing (may be in different state based on your agreement). I am an employee too, and with you on this. I'd say if attorney guarentees he'll win our case we can go ahead.[/QUOTE

    as per the attorney, the case history of employers who won using non competes in the court are very rare unless the law suit is agiainst key personnel and court gets convinced by the legitemate business interest. If the employer still chooses to fight, he has got more to loose than me because of non payments of wages also being involved here. since non compete has been used just to escape the wages, courts wil be more hard on the employer and will consider it as threat rather than genuine.

    Thats good news. I think the attorney I met represents more of employers and so very reluctant on mine. I believe I still have hopes, I will look for a good attorney again to get mine reviewed.



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  • reedandbamboo
    09-14 10:21 AM
    GC Status:

    I am seeing that reedandbamboo is considering for EB2 only. We have to include EB3 too for law-suit. I beleive that we will have more than 1000 people if we inlcude all categories.

    I will give 200$( 100$ for me and 100 $ for my wife)


    MY LETTER addresses the situation with the visa bulletin using EB2 as an EXAMPLE! I want them to scrutinise their visa bulletin setting technique for EVERYONE but I'm highlighting with a specific example.

    The lawsuit, in the event that the letter is ineffective (more likely than not.. but still worthwhile starting with) is for EVERYONE.




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  • pappu
    12-11 10:41 AM
    I am a physician working in underserved areas in MN. I am greatly appreciated
    in my community. I regularly get invited to Christmas parties by local congressmen. I never attend those due to my family obligations. However, this year I will attend and educate my congressmen as much as I can.

    I am sure there are lot of physicians, like me affected by retrogression. Eventhough we live in remote areas, we can do whtever we can.

    I am also willing to join in MN local chapter of IV. Any MN members kindly send me PM.

    pls post your note on the Mn local state chapter thread and get in touch with other members.
    we have several physicians as IV members. We do want to bring in several more. Help IV by getting morefrom your profession. thanks



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  • niraja74
    04-09 05:05 AM
    I searched my case on FLC data center and found following for my LC approval

    Employer_Job_Title = Computer Project Manager
    Prevailing_Wage_Job_Title = Computer Project Manager
    Prevailing_Wage_Level = Level II
    Prevailing_Wage_SOC_CODE = 11-9041.00
    Prevailing_Wage_SOC_Title = Engineering Managers
    Prevailing_Wage_Source = OES

    While I work as senior software/application developer in my current role with the same employer who filed my LC and GC.

    Now I am getting an offer from another employer with same title "Senior Software Engineer".
    Is it advisable to change job as my job code (job description) might be different from the one that was mentioned in LC?

    Thanks in advance for your inputs and thoughts.




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  • chantu
    02-09 02:40 PM
    Thanks Akhil,

    Here are the details:

    Payment Sent (Unique Transaction ID #1E592259U64890231) $25

    Thanks.

    Chantu, sorry to hear about your situation.
    I hopw you find a job soon.

    Here is how you can make the #25 contribution.
    Just sign on to www.Paypal.com and send money to donations@immigrationvoice.org.

    GO IV GO. TOGETHER WE CAN.



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  • vishage
    09-21 10:36 AM
    Thank you very much!

    We're anxiously waiting for the receipt notice in the mail...

    Hi
    I have also files on the same day, how do you guys make out that your file have been trabsfered to texas and CSC, because my 140 was approved in texas and my attorney has sent the 485 to NSC , Thanks for you reply.




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  • zoooom
    07-20 11:44 AM
    Pl. count me in....I pledge $100 towards Aman's expense re-imbursement.
    Pl. let me know how to send the amount coz your post clearly says
    "do not pay it directly to the IV core funds, yet"
    (so far contributed $100 to IV)
    Sure will let you know. Please check back the thread on monday for more details...



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  • PDOCT05
    08-28 09:16 AM
    I have seen several July 2nd Filers at NSC whose cases Transferred to TSC are getting receipts.That's good sign...,Does any july 3rd filer got receipt?




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  • desi3933
    06-22 03:10 PM
    Right, my bad! I was not referring to the Employment Letter for GC job. I was referring to the Current Employment Letter which is not required as initial evidence. Should have clarified.

    Thanks,
    Jayant

    So you were not referring to Employment Letter for GC job, rather Current Employment Letter while discussing how to file I-485.
    GREAT!!! I hope you are not filing your I-485 application yourself.

    What is the Current Employment Letter has to do with I-485?

    Good Luck.



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  • pkv
    01-22 08:59 PM
    All,
    I've to complete my landing in next 2 weeks before my visa expires.
    I've to come back immediately and I need an Alerta address while entering Canada where CIC would send my PR card. I tried hard but couldn't find anyone known in Alberta.

    Can someone help me here? Please let me know if you know someone who lives in Alberta and can courier my PR card to me in USA after receiving it.

    Would really really appreciate any help on this.


    Thanks,




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  • desi3933
    06-26 09:04 AM
    .
    For most of the jobs, employer must accept any worker who is authorized to work in the US. In other words, US citizens, Permanent Residents (aka Green Card holders), and EAD (person authorized to work for any employer by USCIS). From legal point of view, employer can not discriminate between GC holder and EAD. If job is advertised as for Citizens only, applicant has right to ask for such reason.

    Now, in order to qualify as person who has been wrongly discriminated
    1. he/she must be otherwise qualified for job (example job asks for dot net and person has java experience)
    and
    2. he/she MUST have applied for the job.

    Employer can not discriminate because of
    1. Expiry date of EAD
    2. Reason for Issue of EAD (I-485 based, L2 visa, F1 visa etc)

    Having said that, there could be valid grounds that job is qualified only for US citizens or US citizens with specific security clearance. Applicant, in this case, has right to ask for reasons for such requirement.


    ________________________
    Not a legal advice.
    US citizen of Indian origin



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  • satishku_2000
    07-08 04:47 PM
    In Fox News this afternoon, the senator has explicitly said that the Chicago lady does not have any "constituional rights" since she is not American citizen. Go figure what they think about us.

    He is a congressman from Colorado .




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  • msp1976
    10-16 01:23 PM
    Last sentence in this article: "However, given the anticipated difficulty in reaching an agreement on comprehensive reform, SKIL Act supporters likely must find an alternative legislative vehicle during the lame-duck session to pass limited relief for highly-educated workers."

    What alternative legislative vehicle are they talking about?


    Adding a few clauses to one of the appropriations bills maybe...
    The only bills scheduled to get through would be the essential spending bills..



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  • krustycat
    10-05 10:05 AM
    If you are still waiting then please add your name

    Important: if you receive the RN then plz write in front of your name, what is RN(if honored actual RN), how did u get RN(check, lawyer, called USCIS), FP date,

    July 3rd at 9:03 received by R.William
    --------------------------------------------------------
    lutherpraveen
    PDOCT05
    i99
    helpme1234
    kingnaga
    waitforgc123
    Rohan99
    gclongwaytogo
    cool_cat
    sivanu
    GKBest
    bluesky1

    July 5th
    ------------------------------------
    chalamcharla
    mbsac

    July 9, at 11.07 am at Nebraska signed by F.HEINAUER
    ------------------------------------------------------
    krustycat


    July 13, at 11.11 am at Nebraska signed by F.HEINAUER
    ------------------------------------------------------
    gcnm04

    July 16, 9:00 am at Nebraska signed by R Pitcher
    --------------------------------------
    viveckj99
    gcspace

    July 16, at 11.16 am at Nebraska signed by F.HEINAUER
    ------------------------------------------------------
    fetch_gc




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  • ca_immigrant
    02-07 05:54 PM
    I think culture vs quality of life is a different thing.

    I am not saying that one place is better than the other...

    There are many things for which I love living in the US...long list...

    there are many things for which I love living in India...I think the list might not be as long as the US one....

    2 of the main things I miss in the US.
    1. Parents , Siblings and extended family....I do not know how much time anyone will have for me if I were to go back -:)
    2. Culuture...mainly for the kids...here once the kids are 10 or 11 I think you cannot tell them anything much...they have thier own mind and will not listen to you....and might end up making wrong decisions...again not saying that this is 100% safe in India...but agian in India I think the kids listen to you till they are a little older....this helps as they might be a little more mature by then and hopefully will make more wise decisions...

    Again, I am not saying life is easier or better in one place compared to the other...

    If I were to go back to India (which is what we plan to do in 2 years from now) then it will be becuase of the 2 main reasons above...I really wish there was a work around for the 2 above and I would then stay back -:)

    Both are great countries with plus and minus....

    Peace !!!
    All the best to all my friends here (the ones who stay and the ones who go back ) !!




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  • malaGCPahije
    03-26 10:38 AM
    EB3-India with PD 2003 and before - Most will be out by December 2008 -
    Perhaps 10% may still rot in NC further.
    EB3-India with PD JAN 2004 - DEC 2004 - Most will be out by August 2009
    Perhaps 20% may still rot in NC
    further.
    EB3-India with PD JAN 2005 - April 2005 - Most will be out by April 2010
    Perhaps 5% may still rot in NC
    further.
    EB3-India May 2005 Onwards - Can not predict - It is good to look for other
    options and that option certainly MUST not
    be switching to EB2

    BharatPremi, I hope your predictions are either met or excelled. I will pray for the happiness for your future 7 generation :-). After waiting for so many years, even 2009 does not sound that bad. I know I have no right to complain since many in EB3 have been waiting for years before me.

    I also agree that porting to EB2 is not easy. A couple of my friends had their PERM labor itself rejected. I think waiting it out in EB3 may not turn out to be that bad. Or I do hope so....




    Sachin_Stock
    09-23 04:54 PM
    When xyz had his Eb-3 140 approved, by definition he was OK'd to be immigrant in that category with THAT date. When he files for an EB2 he is "OK'd" to be an immigrant in that category at THAT date.

    Based on the same language English that you have studied, and I have studied, the term 'That' refers to Eb-3's PD. One cannot just throwaway all the merit earned on Eb-3. Which precisely what you are asking one to do.

    Porting is a right justice served. Of course, not everybody are eligible for that.




    Ushakiran
    05-10 06:25 PM
    Did I say Nigerians should stand behind ALL of Chinese and Indians??? Can you read English? What I am saying is all should stand in line purely based on priority date, no matter whether he is Chinese, Indian, Japanese, or Nigerian. Yes, we were aware of the quota. yes, the quota has been there for a while. are you aware of robbery in this country? does that mean robbery is good? does that mean we should not do anything about that?

    You got to be kidding. Why not rename the "World" as "India" . Typical disdain. The quota was IN the system before anyone got here by H1B, so your argument is fallacious. We were all aware of the quota when we got here.

    There are highly skilled programmers from Nigeria also, just not in the same numbers. So you want them to stand behind all of China and India ?



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