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  • sertasheep
    07-04 11:25 AM
    Guys,

    I just took a snapshot. Thanks for bringing this to our attention!. You guys are great.. Thank you for all the help.

    I noticed that too but I thought may be they just putting rough nuumber and not exact..
    But you are right there were 3,185 highest ever..





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  • alterego
    10-04 05:50 PM
    I have seen all sorts of posting on both this forum as well as others supporting the process of labour substitution.
    This issue needs careful analysis. Just as a knife can be used for a useful purpose of slicing bread, but also for the criminal purpose of committing homicide, so can the LC be used by the employer to truly get a desperately needed skilled employee or to sell it to the highest bidder.
    In the former case it is appropriate whoever the beneficiary and however recently he has arrived. In the latter scenario it is neither fair nor appropriate.
    Much of the problem as I see it here is on the basis of the basic abuse in the system. In my view this provision in the immigration law leads to more abuse on the part of employers, lawyers and opportunist immigrants. All this to the detriment of fair minded law abiding immigrants.
    I have wrestled with this issue a lot. In my situation, I am in a situation of relative comfort. I have an approved 140 in a very stable job with pending 485s for me and my wife albeit with very recent PDs which I am not about to see become current for years in the current scenario.
    My wife is in an area of quite good demand where there are all sorts of substitute labours floating about. Technically, I could have her take the gamble with the security and back up my situation provides.
    Yet I have not done so (to date). Yet I am not foolish enough to make any long term bets either. I am an idealist but also a realist. I have much to gain or potentially lose by the scrapping of this provision. Hence I consider myself neutral and able to take a neutral view on this issue.
    My feeling is this thing is wrong as it currently stands. Yet I will not promise not to use it if the powers that be are stupid enough to let is stand as it is currently stated.

    That is my best asssessment of this situation.





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  • pmpforgc
    03-29 04:52 PM
    I just look at this pool and surprised that Advani is running so hot in the pool. I am from Gujarat and I can tell that advani will be worst as PM. when given a Chance in BJP ministry he had worst performance as Home minister. I think he had not managed anything in his life and after his rise in BJP, BJP lost his charm.

    I think some one with good management skill like MMohan, MODI, Chidambaram etc are lot more sutiabel than Advani.

    Advani should retire from politics before even Bajpai. Even lalu will be better as PM than Advani looking to how advani managed Home Ministry and how Lalu Managed Railway.





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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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  • gc_on_demand
    01-13 07:26 PM
    USCIS - Questions & Answers: USCIS Issues Guidance Memorandum on Establishing the "Employee-Employer Relationship" in H-1B Petitions (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3d015869c9326210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)





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  • conchshell
    05-29 03:14 PM
    I guess all the euphoria we had last year because of EB1 spill over is coming to an end. People who play by rule and wait suffer the most, while people who are always on the look to find "innovative ways" get their GC faster. I remember, one of my friend who did a labor substitution got his GC many years before. But at the same time, he took the risk of joining a consulting firm, while I was more inclined to remain under the so called safety net of a big incorporation. I guess the more risk you take, more rewards you get (and sometimes get completely screwed too!!)

    However, we did a nice efforts last year to predict the visa bulletins. There was this guy vdlrao who did an impressive calculation and declared that EB2 will be current in an year. Well, its more than an year and what we have is worst than we had last year. I can only sympathies with EB3 guys, I don't know what to call it .. may be karma in previous birth.

    But my mute point is that we almost always create a false hope for us. First we predicted that EB2 will be current in one year, later on our whole legal immigrant community was nurturing the dream that Mr. Obama will win and his first executive order will be to ship GC's via overnight fedex. We overlooked that even though immigration is looking bad, but reforms in this area is a trailing priority for the new administration. Infighting within EB2/EB3 and various language speaking people is nothing new for us.

    Candidly speaking, neither we have seen any bright idea coming forward from us, nor people are willing to join hands and fight for their natural rights. So coming back to the original point, what's wrong if someone instead of depending on immigration forums, and "ethically" waiting in line, takes a little risk and gets his/her GC faster. Be it a labor substitution, or a guy going back to India and coming back as a Manager in EB1 category. Please remember that as long as its happening under the rules, its neither back door, nor illegal, or unethical.

    My 2 cents.



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  • ita
    03-30 01:08 AM
    Snathan,Arkbird

    Please do understand MMS brought economic reforms when he was finance minister in P.V Narasimha Rao's govt.People thought country would see the same in 2004 when MMS was made PM. But Sonia Gandhi didn't give him that freedom.We didn't see any reforms in these 5 years.

    Opting for MMS is like saying I won't take Sonia/Rahul but would take them if they came with a wrapper called MMS. That's what MMS is.

    All those voting for MMS in the poll might as well vote for Rahul if you are bent on only congress party for communal/other reasons of your own.

    MMS is not even fighting these elections.As per congress party sources Sonia doesn't want to announce Rahul as PM candidate because if congress loses then Rahul has to take the blaim(which will affect his charisma..huh our leaders run not qualifications but charisma and even urban/rural people fall for that).If congress wins MMS will be replaced with Rahul citing health or some other issue within no time.
    I can understand rural masses but educated skilled people falling for the tactics of unskilled Sonia is something.No wonder she is going great.





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  • gc_chahiye
    06-28 12:59 PM
    Already it happened for other workers category last month. In mid july THEY WILL STOP accepting 485s if they receive more than they could process.

    For the Nth time, it has nothing to do with how many they receive. If they APPROVE more than the number of available visa numbers, THEN they could/might stop accepting new applications. As long as existing visa numbers are available, they will keep accepting new 485s, thats the law.



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  • Googler
    02-12 01:38 PM
    I have the same question. State dept moves the date just so that the visa numbers are used for that category. If a category is retrogressed, then it can't really be "undersubscribed".

    This was listed at the bottom of the page in the March VB in state dept's website:

    The cut-off date movement for March in several Employment categories has been greater than those experienced in recent months. Advancement of the cut-off dates at this time should prevent a situation later in the fiscal year where there are large amounts of numbers available but not enough time to use them. If the expected increase in CIS number use materializes, future cut-off date movements could slow or stop.

    Mods should merge two identical threads. See my post in the other thread:
    http://immigrationvoice.org/forum/showpost.php?p=222365&postcount=12





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  • ocpmachine
    09-15 10:43 AM
    This thread is getting very interesting with all the logical calculations and predictions, thanks OP.

    One aspect that was missed in the discussions so far is, during Aug-Sep'08 many folks with 2005/06 PD's got their GC, USCIS picked these cases on random and not sure how many with 2005/06 PD's were approved but it a sizeable number, so this reduces the pending numbers for 2005/06 PD cases as well. I am predicting by Sep'10 we should see all of 2006 PD's cleared up.

    -Cheers



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  • alterego
    06-27 10:34 PM
    My 2 cents.
    USCIS does not control the PD dates, State dept does. The state dept will change the PD's to when it runs out of visas to provide USCIS.
    Case 1: Assume USCIS and State dept are in close touch over the currently approvable I-485s which can consume visas starting July 1

    If USCIS has 40K such approvable apps, then the State Dept (being in close coordination with USCIS abt numbers) would have just moved the dates to Nov 2005 for EB-2 India the date when it retrogressed and similarly to the date when EB-3 retrogression first happened for India.

    The fact that they did not do this means they do not have the sufficient numbers of approvable ones. Now the new ones filed in June or July will not become approvable until at least 90 days. So if they are hoping that some of the "new" 485 petitions filed in June/July will be straightforward enuf to approve in 4 months, they have to keep dates at current at least until July end.

    Case 2: USCIS and State dept are not coordinating "closely" over the approvable numbers

    This means the State dept arbitrarily changed the dates to Current instead of consulting with USCIS that they have 40K approvable petitions. And why woudl they in that case make the numbers unavailable in mid-july in that case?

    Lastly even if the numbers can become Unavailable it has to be announced by State Dept. So worst case scenario it can become "U" in July 11-15, which makes the claim by Matthew-OH that it can become unavailable in July first week itself ridiculous.


    I suspect that at the end of last month they did not have a lot of approvable 485 cases that were BOTH:

    1) Cleared namechecks.

    and

    2) From countries other than CHINDIA.

    Hence they decided to move the dates to make use of the visa numbers. The majority of approvals you will see now will be those that conform to the above criteria. When they(the visas) are done they are done!

    I don't expect to see any of the 485s filed now to get approved anytime soon unless for some strange reason dates remain current until Sept............then you might see a few lucky ones squeeze through. So new 485 filers hold your breath until atleast next year!

    Come July 1st week, brace for a flood of celebratory postings online as the pre-approved cases get formally sent out letters.

    Come October if not earlier it will be normal service resumed, with massively retrogressed dates for CHINDIA, and mild to moderate retrogression for ROW.





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  • justAnotherFile
    07-12 10:15 PM
    byeUSA,

    can you send your story to pratik, as requested on homepage. I think yours is a compelling story and will help others in IV even if you have already made your decision



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  • digmetalq
    09-04 03:47 AM
    True_facts, you cannot denigrate dead people. I know you are coward, because you cant say what you can say with your own ID. Go to every village in AP, people are better off now than 5 years ago,that's YSR's legacy. YSR improved irrigation, infrastructure across state and percapita income in state.

    I know one Andhra CM called Chandra Babu Naidu who was NTR's son in law, he was the one who reformed the software industry in India, and it was because of the enterprising software engineers working in US made the world realise how Indian engineers are good not only in innovation but also enterprising. Example Bill Gates was the first one to discover the potential.





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  • Subst_labor
    03-16 01:24 PM
    If the prior experience was related to your field, then I don't see why not. You may want to hurry because if USIS comes with 45-day labor expiration rule soon (which they may), you may not be able to use the prior approved labor.

    arent you in conflict with chanduv23's reply? i am stuck between both of the ideas:) not worried about the bill, its not a law yet..



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  • tonyHK12
    01-14 10:27 AM
    And yes my friend TinyHK12 you might have just lost the support of the one guy on this forum who while not being abusive about my post also did NOT support me. He was rooting for AmitJoye a senior member here and some one with whose idea you agree 100%. Thats called as shooting yourselves in the foot
    don't make up your own sorry, sad, soap opera


    If you do no agree to a post all of you gang up and start abusing the posters and any unfortunate souls who agree with the posters. Normally that is enough to scare the poster away.

    Your first mistake is criticizing IV and its strategy on a open forum. The core listens to only ideas from active volunteers and donors and incorporates their suggestions, not a free loader, day dreamer who thinks he/she is brilliant. What any one else says on forums doesn't make any difference.
    You think that by arguing on the forum, you can come up with a better idea.
    So in a way you're just throwing eggs at IV. All you talk for the last 2 days is just wasting everyones time.
    If you want IV to listen to you, you must have actively worked with them in the last 4 years, gained knowledge about advocacy and their trust and only then can they consider any of your ideas.
    You have clearly shown that you know nothing.
    This is a message for other members too, if you want core and management to listen to your ideas, be active in your state chapter and many mail groups we have working on intiatives, rather than cursing on forums.
    You will then be working on action items that can change the lives of legal immigrants for the better and make a big difference.





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  • vhd999
    09-04 03:37 PM
    I am very reluctant to post in this thread. But could not resist.

    Few weeks ago, I was watching TV here in US. The monsoon rains arrived late in AP and YSR declares that the rains have come back because he and his party are now in the power.

    With a smirk on his face he says that the rain would not come if he had not won the elections.

    He also states that the God was happy that he is in the power and blessed all the people with those rains.

    I could not believe how these politicians can portray their self image and how those illiterate or hopeless people fall into their traps.

    Now, it seems, the same rain is the cause for the brutal death of YSR. I am not sure how to interpret his own words.



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  • paskal
    02-14 02:48 PM
    chandu...have u read the lawsuit outcome? do u still think that an administrative fix is easier to achieve than a lawsuit? lets say it comes down to either/or...either a lawsuit or an administrative fix...which one would IV support?

    but actually an administrative fix is a very real possibility. the administration is currently willing and friendly to this kind of action. we need to draw their attention to the urgency of the matter and the need to act quickly. a lawsuit, if it were to happen is many years away. anyway USCIS cannot recapture any GC on it's own, so it will have to wait for a final verdict and order to do anything..assuming success.

    therefore i would strongly suggest promoting the admin fixes campaign at this time, we do not want to lose this opportunity. this is not an either/or situation. writing letters does not take away from any other ideas etc.
    a failure would not bode well in general when it is because of lack of participation. i want to hasten to add that letters have reached in the thousands now- but we need more, many more. please keep up the efforts, and thanks to the many that are working on this now...!

    also as i said earlier- someone needs to stand up publicly and be a leader. and one leader is not enough. needs a team. that team must be willing to disclose identity etc publicly, if they are to collect money. in any case a lawsuit is very public and anonymity is not an option. these are the very basis of starting such a project. no one has yet responded to this affirmatively. a lot of yes votes do not mean anything. someone(s) needs to be willing to stick their necks out with time, money, effort and a very public profile.

    just my 2c.





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  • ivar
    06-15 02:52 PM
    Dilips post is fine only in parts but most of it is totally crap. He says his living standard has gone down because of L1s and H1bs and herds people coming from india, Dude you need to understand that this recession has not been caused by H1b and L1s or other IT workers coming to US, its because of the real estate boom and foolishness of american people who believed that real estate prices will keep on rising to INFINITY.. i don't have to explain how this recession started i hope majority of the people knows about it.. so stop blaming IT workforce for your living standard.. another example.. just seen what happened to GM and chrysler.. they failed to understand the market for small cars and fuel efficient cars.. instead they produced gas guzzlers like hummers.. so do you think they have the brightest minds. We are in this deep shit because of the situations created by americans for themselves and now they want to blame it on legal immigrants for there wrong decisions..

    I believe in destiny or lucky whatever they call it.. its not always that brightest get their GC. I wished i was that bright and intelligent person to predict July 07 fiasco but unfortunately i quit my company in Mar 07.. and i know some people who used subsititued labor in July 07 have their EADs with them. Don't think just by getting a GC or citizenship will certify that your the brightest of all still waiting in the GC queue. I am not sure how many people believe in luck... but i do. I don't matter how bright you are and how hard you work you need some luck also..

    Thanks


    The moral is GC comes to those who are lucky and apply for it. Its not true that always the best and brightest will only get GC. If the person is technically good or has good apptitue the best he can do is hang on to his job for years and also pray that his company doesn't go bankrupt (there is not fault of this bright employee :D in this case). Dilip was talking about some flush, this flush will wash all the bad apples and also some good apples.. good people also leave after getting frustrated with immigration system (of this developed nation, which doesn't keep track of its visa numbers, moves dates forward backwards by two years :D big joke They can't even predict visa dates. ) Instead of coming up with bill for fixing the credit market and financial system, he(Grassley) should concentrate more on strict reforms and more regulation for financial system, the root cause of recession instead of beating around the bush with immigration system.. He is trying to use the emotion of the local people.. those who have GC fall for such policies because they know they are ahead in the queue and more jobs will be available to them if few IT works immigrate (There are lot of jobs for citizens and GC only). I wished alteast the ones who have suffered throughout this GC journey will understand the pain of other people. Getting a GC should not change the attitude completely.





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  • snram4
    01-24 02:24 PM
    Just because one guy is pointing out fraud in H1b he is not anti immigrant. Can you call entire congress is anti immigrant just for passing TARP restriction unanimously? But still we are optimistic of getting support from congress for EB reform. 99% of H1bs will not be impacted by this memo if that is implemented properly. For example even if USCIS does not approve h1b because he is having multiple layers of H1b still that position will be open and that can be filled by H1b person who is placed directly. The person who impacted by this memo will suffer a few weeks and he will find another job. Basically it will not impact H1b program or H1b persons. Even after the memo many H1bs were approved with third party consulting. Can you tell any denial based on the memo? But I am seeing many RFEs for H1b applications without client letter. That is normal and no one complaints about that

    If you see JoeF in that thread, he is more of an anti-immigrant. There are many in our community who are happy at the plight of their fellow countrymen. That is no reason that people should support this non-sense memo.

    In IV, members are more knowledgeable than those on that particular thread from Murthy forum. People are so ignorant that they are agreeing to whatever that JoeF( anti ) is saying. IV members are much smarter than that.





    immi_seeker
    09-15 12:45 PM
    Seems like the spill-overs happen at the end of the year which helps dates for India to advance.

    Has the process changed to where the spill-over is calculated and issued every quarter? If not, this could be a possible administrative change that can be proposed by IV.

    For FY2010 there are very less GC applications filed by ROW & EB1 due to bad economy. If USCIS waits till last quarter then they wont have much visa usage during previous quarters. So it makes sense for USCIS to allocate spill over numbers on a per quarter basis. We never know how it works





    Macaca
    01-15 07:53 PM
    I would argue that Indian consulting biggies saw that they could offer resources to clients at much cheaper rates than offered by American consulting companies. That drove down billing rates for everyone.

    On the other hand if American consulting companies bill high rates to clients, they are at leat still paying decent wages to their employees. So wages stay at moderate levels. But what This whole tiered employement brought into play was that the actual employee was not getting paid too much but the client would still pay quite a bit, maybe not as much as what an American consulting company would bill. The wages of IT professionals went down.

    Also one cannot deny the fact that persons who faked their resumes have contributed to the decline of the quality of talent pool. Don't get me wrong, bad apples existed and thrived in both big and small companies. But the occurences of such misdeed is/was more rampant in body shops. Some examples are the hiring of fresh grads & H4 & other unskilled workers and passing them off as "high skilled resource".


    No one knows the impact of outsourcing. Because no public data is available unlike H1b or L1.

    If american public gets exact data about outsourcing then they will oppose that also and goverment has to act.

    But there is no legal binding for Government or Corporations to give data about outsourcing.


    Durbin/Grassley bill will check them also. But it will impact some good people also. We are opposing that because many of IV members may be impacted by that.

    Also most IV members feel that bill is conspiracy to eliminate h1b program. There is no easy solution for these issues.

    If they relax the rules fraud will increase and if they tighten it then some good persons also impacted.

    You have unbounded capacity for posting complete gargage.

    My morning post, deleted by IV geniuses, was for this garbage that dominates IV boards: a self inflicted wound.



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