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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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  • grupak
    12-13 12:04 PM
    --I think, per country quota system was framed with diversification as underlying principle, not discrimination.

    Depending on which country you are from, it may seem like discrimination or fair system upholding diversity.

    If you are from India, you would hate it. There are truckloads of programmers in that country. But if you are the only graduate with programming skills from a country like timbaktoo (?), you would love it. You also got a shot at american dream.

    This EB quota system reminds me of Caste reservation system in India. To some that is fair, to others, it is unfair. Depends on which side of the fence you are.

    Fairness or not is not the issue. Question is can it be challenged in a court? Diversity at work place is encouraged through outreach for example. But you cannot discriminate in employment based on national origin. Employers can't put quotas for employee diversity. Employment based immigration I don't think can count because part of the requirement for holding the job is that the employee have a valid work authorization.

    For example, someones H1b 6yrs runs out the without possibility of extension, you cannot cry discrimination from the employer for not hiring you beyond 6yrs. As I said, the employers don't force you to not change job or job title. People don't because they will lose their GC or spot in the GC queue.

    As an unrelated side note, the current quota system is something that has evolved from past policies some of which was used to restrict citizens of certain countries.





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  • thepaew
    05-29 10:03 AM
    I guess people who work in IT have a very IT-centric world view. I don't and I know several EB1 candidates. They are extremely qualified and have extraordinary ability that can be documented with PhD, papers, patents and awards.

    Even if we prevent possible abuse of this category, it will not help retrogression for EB2/3-I. The only fix is going to be legislative and we should focus our energies on that.

    I am not sure if EB1 India cap of 3000 visas has been met already. If it was met, then they would have set a priority date for EB1 India too. Assuming that it is not being met, these project managers along with their spouses should be taking only a very small number and that shouldn't contribute much to EB2-3 retrogression numbers. So our real problem is lack of numbers for EB2 and EB3.





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  • yabadaba
    02-14 02:32 PM
    Please be advised, that IV will not endorse this. If people are gathering here and in places like , please form your own mailing group and proceed.

    Those who are on this thread, if you have not yet sent the letter to President for the Admin fix campaign, please send it, and help IV make the grassroots campaign successful.
    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?



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  • Macaca
    01-13 08:19 PM
    people who work through consulting companies at client sites where the consulting company (employer/petitioner) only runs the employees payroll and has no control over an employee's day-to-day job responsibilities, are now deemed to be lacking an employer-employee relationship and hence may no longer get H1s (new or extensions).


    This is done by the executive branch.

    Matloff and Hira (via dustbin and grassley as part of curry bill) have been trying to do this legislatively.

    Why are they still trying legislatively (as part of CIR 2010) if it can be done by USCIS?

    Why wait so long? Is it Obama's gift? to curry?





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  • andy garcia
    06-27 08:32 AM
    In the absence (to our knowledge) of USCIS URL, it is not possoble to say that dates can not retrogress in the middle of a month. For example, USCIS has no rule of time period between switching jobs. This means they can do whatever they feel like.

    I am saying that 2007 GCs can get exhausted at any time independent of I-485s received/approved.

    Hi Macaca;

    This is taken from the July 2000 VB:

    HOW THE SYSTEM OPERATES
    At the beginning of each month, the Visa Office receives a report from each immigrant visa processing post listing totals of documentarily qualified immigrant visa applicants in categories subject to numerical limitation.
    Cases are grouped by foreign state chargeability/preference/priority date. No names are reported. During the first week of each month, this documentarily qualified demand is tabulated.
    VO subdivides the annual preference and foreign state limitations which are specified by the Immigration and Nationality Act (INA) into twelve monthly allotments. The totals of documentarily qualified applicants reported to VO, and the expected INS demand for numbers, are compared each month with the numbers available for the next regular allotment. This allows for the determination of the monthly cut-off dates, and the allotment of numbers for reported applicants who have priority dates within the newly established cut-off dates.
    If there are sufficient numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered "current."

    From this it is very clear that the number of Visas available for the rest of the FY 07 is enough to accept as many applications as can be approved in those 3 months(July, Aug and Sep).



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  • amslonewolf
    04-28 07:01 PM
    Matthew Ohs website has it.. Check out immigration-law..





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  • SunJoshi
    12-31 07:30 PM
    US news has covered a book by David Heenan -- "Flight Capital" that essentially deals with the fact that high powered immigrants are leaving this country -- for whatever reason -- and how its bad for America. BAD FOR AMERICA. forget about it being bad of GC aspirants. ITS BAD FOR AMERICA. And we have one of america's own high powered former CEO saying that

    http://www.flight-capital.com/

    This man has no vested interested in talking about this. Obviously he does not need a GC and he is not on H1. He makes our case. How anti-immigration congressional measure are hurting America as a nation as much as it hurts aspiring immigrants.

    This is an independent non-partisan source who can be quoted in our cause.


    logic,

    Is there a way you can find out some contact info of the writer? maybe we can ask his help



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  • EkAurAaya
    07-10 11:41 AM
    Dude you just gave me goose bumps! You should forward your heart felt note to media outlets!

    I sincerely wish you the best! God Bless! Good luck with everything...

    At least you wont have to worry about "visa-status" "legal/illegal" "H1b" "H4" Labor Cert" i140" i485" EAD" AP"... F$#% that! :D





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  • kukitron
    09-29 11:54 AM
    Hi there,

    I also used automatic revalidation about 3 months back.. Dont worry, The immigration officer there knows all the rules. FYI, I went by car from rainbow bridge. While comming back officer just asked me normal questions such as "Where are you from ? " and "When are you flying back to Houston ?". Thats about it..

    --HumHongeKamiyab
    I just arrived yesterday from Canada with an expired Visa and my extension notice from INS.

    Unfortunatly, they officer was an ignorant pig without any knowledge about immigration. Luckily, I was sent to an office where officers were nice and well trained,

    I recommend you to print out the actual law so you can have more arguments and arrive earlier to the airport if you are flying



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  • breddy2000
    09-03 11:10 PM
    chill - u r working in US because have skills - got visa applied for Green card. In what way did Rajiv Gandhi help you? So do you say that everyone immigrating to USA from every country is because of Rajiv Gandhi?

    I see that u r arguing just for the sake of arguement. Come on man. expand your thinking capacity - U r responsible for your own life and you do things in life that suits you. Just like how u r a software guru, politics is also a field which has become a "career oriented" field. Now, a lot of people trashed SRK during discussions, I did not understand what his fault was, for such trashing.

    Now, the reason why a lot of people trash YSR is because of his corruptive governance - which crossed all limits.

    If you think that one has to respect someone just because he/she is a leader - that may not be practical

    If you don't know the difference between Policies and Politics I cannot help it.I'm talking about policies created by Govt in Power
    That's all I can say....Good luck

    CHANDUV23
    And your ID is revealed _TrueFacts....That's all I can say and which u are very well aware of.





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  • sumagiri
    07-23 08:04 PM
    Yes i am very much implying that ..EB2 PD was 02 in Dec, 01 in Jan, Unavailable in Feb-March 08. So there where very few visas given to EB2 india in first 8 months. Same with China went back to 03 in Dec and stayed there for most of the 8 months period.

    From Dec 08 Visa Bulletin

    Sachug22,

    It may be simply because EB2 numbers are used up fast for the quarter. It is right now a blind spot and an estimate of what happened depends on perspective.

    Any how, you brought up a new perspective so gave you a green.



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  • whitecollarslave
    09-23 02:54 PM
    Yes, mine was approved a month back without any hassles and bought the home ....

    If you don't mind sharing who was the lender?





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  • vdlrao
    07-21 12:15 AM
    I presume, from the July 2007 fiasco DOS might have learnt a lesson of deciding the cut off dates very care fully based on the Aproved labors In a pertucular year from a perticular country with a perticular ctegory. So thats the reason why I am thinking that instead of putting whole EB2 as a current
    (It is estimated that there are aout 20k + visas still available for this fiscal year) DOS has put a cut of date for EB2 India/china to Jun 2006. So I could say USCIS is making the cut off dates very carefully by using all the available information like approved labors in a perticular year from a perticular country and in a perticular category.


    ----------------------------------------------------------------
    Originally Posted by delax
    Here you go - conversion should not impact this as the number of LC approvals remains the same:

    Here are all the LC approvals for India in the last seven years.

    Year, Total LC Approved, Total India
    2007 85112 24573
    2006 79782 22298
    2005 6133 1350
    2004 43582 No Info
    2003 62912 No Info
    2002 79784 No Info
    2001 77921 No Info
    2000 70204 No Info

    ---------------------------------------------------------------------
    If you see the appoved labors by a fiscal year above, I am assuming that there would be about 10,000 labours for EB2 India every full year except 2005.
    In 2005 there may be only about 600 labors for EB2 India.


    Based on this it would be
    About 5,000 labors for EB2 India from April 2004 to Sep 2004 (About half year),
    About 600 labors for EB2 India from Oct 2004 - Sep 2005

    About 5,000 labors for EB2 India from Oct 2005 to 1st Jun 2006( About half year)

    So total labors may be around 10,600 which needs about 25,000 visas.


    So it seems there are about 20k visas availble now.

    So they have moved the dates accordingly.



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  • whatamidoinghere
    02-23 05:22 AM
    Looking only at LCs that are awaiting immigrant visa numbers (ie, LCs that are "still in process" or "certified after current EB3 ROW cutoff dates") here is how it looks (copy to an XL sheet to view properly):

    Period, World, India(22%), EB2-India(41% of India), EB2-India-Family(*2.1)
    ------------------------------------------------------------------------
    1997 to 2002, 269311, 59271, 24320, 51072
    2002 to 2003, 36200, 7967, 3269, 6865
    2003 to 2004, 13145, 2893, 1187, 2493
    2004 to 2005, 6133, 1350, 554, 1163

    The pre 2002 numbers pending are really bad. The last column sums up the situation for EB2-India. Use your own %ages to calculate the situation for EB3. It is clear that forward movement will be held back due to the huge chunk of LCs from 1997 to 2002 which are being certified.

    So the situation is indeed hopeless and lobbying is the only way out.





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  • VivekAhuja
    09-29 02:07 PM
    First of all for presuming that highly skilled immigrants who are waiting for GC are the only ones who can buy a house. Even 10 illegal aliens can come together and buy a house and share the mortgage.

    Then, the economy is in it's cycle, it will pick up without more house buying. The issue is banks not lending to BUSINESSES not mortgages.

    Most imporant, the proposal is same as saying "Sell me a GC". Ya, sure, that will pass the House and Senate.

    Remember, nothing stops you from buying a house right now!!



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  • unitednations
    02-13 03:57 PM
    Out of those 400K ....200K happen to be India/China...

    Today's projection for me EB3/India is 7-10 years to get GC....
    with a higher number this would come doen to 2 years ( would it ???)..That is the whole game...EB3 India might not become current but at least EB3 ROW would be current and then the spillover would make EB3 India picture much better....

    Also AC21 allows the spillover to happen quarterly rather than annully...not in the fourth quarter..( Please correct me if I am wrong..)

    Reference
    http://www.fourmilab.ch/uscode/8usc/www/t8-12-II-I-1152.html#_a_
    Look at a(3)

    (3) Exception if additional visas available
    If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 1153 of this title for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.

    This is why I mean USCIS/DOS was lazy. If there is total visas for the year (hypothetical 160,000). then only 40,000 are available by quarter. If there is 50,000 applications in the que then there is retrogression. Remember if there is more demand then what can be approved by quarter then retrogression.

    So what this means is that if there is 400,000 approved I-140's but only 300,000 greencards then 7% limit would apply because there are more people in the que then what can be approved by quarter. Therefore, ROW people would still be able to file throughout the year and then whatever is left in the fourth quarter that ROW hasn't used then it would spillover. Therefore, it would still give ROW people to continue filing and taking the visas while the 7% countires have to sit and wait for breadcrumbs until the fourth quarter.





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  • delax
    07-26 06:36 PM
    However, these students are not completely exempted from the H1B quota for each year. Whatever, if PERM filing in year 2008 has witnessed 46% drop since 2007 ... it tells us a lot.

    Thats true - students were not exempt until a couple of years ago - but the point I am trying to make is that they add to the EB - India count thereby retrogressing it further.
    Looking at only BIG IT sponsored H1b's may result in a much reduced EB number





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  • gimmeacard
    07-28 04:08 PM
    #1 Landed in Texas in late 90's at a friends place. Friend took me to get SS# next day, dropped me at SS office during his lunch time and came in the evening at SS office to pick me up. While waiting outside, in a span of 20 minutes, had two people (one desi and another a colored person) approach me trying to befriend me...obviously I fall for it, second day and I meet such a nice person , offering me help if I needed. etc. Asked me for my cell or home #, I did not have any (was only going to stay at friends for few days and then going to Phoenix), so, i managed to get their business cards and I promised to call them.
    In the evening, friend picked me up, told him what happened, he laughed and said "they already got you....unbelievable..hit in just one day of landing... I asked him to explain what was going on, he said he explained me everything. He mentioned that his brother-in-law will be at his home in the evening for dinner (an IBO), and asked me to tell him that I was not interested as I wanted to focus on career first. We go inside, he introduced to his BIL, BIL immediately asked me when I came and what I do, and that he has an excellent business offer for me, which he would discuss with me after dinner. My friend blinked at me, I told him that I had a business proposal for him as well. He was surprised and asked me what it was. I told him that when I was in India, I was a IBO and I wanted him to be an IBO, after listening to what I had to say.

    He and my friend were astonished, my friend and his wife were laughing. BIL said he was going to talk about the same thing to me, I said, I am tired and if he already is a IBO, I will not talk about it at all, as I would rather sleep (jet lag). Got rid of him easily...


    Incident #2: After moving to Phoenix in 8 days, landed at my Desi consultant's, got a 2 Bedroom townhome shared by total of4 people. One of them was active in AMWAY...asked me if I wanted to go to a business meeting followed by Tea/snacks. I told him I could come only if he stops by grocery store first as I wanted to buy stuff. I did not have car so needed his help for groceries etc. I went with him and few of other FOBs that he had managed to "capture" (New Bakras for him). Went to his friends house who was a new IBO and hosting tea party/(Bakra kato seminar) first time, so he had lot of food/snacks etc. I enjoyed the snack, slept in the mkt. speech. ate good food. Told him that I was already an IBO when the form signing ceremony started, friend was mad why I did not tell him, I told him that I should be mad at him for wasting my time and not telling me where and what this meeting was about. Had a fun at his expense :-)
    in couple of weeks moved to Mid North East, where I did not face any AMWAY/QUI guy/s.

    Good HUmor for a wednesday..


    BTW, i lost a good old friend right in first week of landing, we worked @ same company in India(birlasoft), were happy to reach Uncle Sam, (he came before me)- asked me to join a meeting, will arrange pickup etc. somehow i missed the ride- LUCKY ME

    next day again it started out - he never said what it was about who is involved etc.
    i said no i dont think i would like to be involved, i was still calculating $1 = 45 Rupees, MCDONALD # 3 combo is Rs 300 oh lala, too expensive( YEAR 2000)

    So my kanjusi paid off, see sometimes being lazy helps





    abhijitp
    02-12 06:36 PM
    No matter which side you are on, the quota system sucks. Period.

    1) Once you start receiving benefits out of being born in a particular country/ race/ sex/ religion, a notion of "entitlement" quickly builds up within you. This adversely affects your ability to perform, for you just don't have to work hard enough!
    2) If you are punished for being born in a particular country/ race/ sex/ religion, you have no incentive to perform, as you won't get what you deserve no matter how hard you work!

    How about this... during every Olympics, most number of Gold Medals are won by Americans. Now imagine a rule that prevents more than 7% of all Gold Medals going to people born in any one country. How does that sound?

    I will myself hate it if athletes from India (who haven't won anything in the Olympics till date) started winning gold medals simply because other countries cannot receive more than 7%!

    Of course, removing country caps will face opposition, but it should still happen, just because it is the right thing!





    Rb_newsletter
    08-15 03:51 PM
    What did the officer do wrong if the name matched.
    Do you know there is a CNN reporter who is a white guy and his name matched with some name on the security check list and the guy was harassed multiple times on different airports within USA.
    If a known person in USA can get such treatment, SRK IS NOTHING.
    SRK Fans think the is someone special!

    Your argument sounds like "Yes we do harass our own people here. So there is nothing wrong in harassing other country people"



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