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  • anai
    06-16 11:47 AM
    There's two themes in this thread that are interesting.

    1. A couple of members advanced the argument that retrogression is good since it weeds out the supposedly undeserving. Here's a startling quote:

    ...In summary, this retrogression is good in a way....

    2. The question of luck.

    I would like to share our story, because it touches on both these themes: I have two US graduate degrees; so does my wife. We've paid over 100K in federal income taxes in each of the past several years and I'm now a partner at my firm; the idea that folks are stuck in retrogression because they are undereducated low-cost workers is not realistic. And there are many cases similar to ours (some of which I read about on IV). We are stuck in retrogression because we have no answer to the country-quota bottleneck.

    So, sure, retreogression may provide perverse pleasure to a select few greencard holders, but the inconvenience that retrogression causes most of us does not serve a greater Darwinian good.

    What of luck? While luck has put us in retrogression, it has favored us in many ways --- we have a great family, a lovely home, and a bunch of good friends. I am sure all of us have seen similar plus sides of luck. But luck is stubborn when it comes to the greencard: when the window opened up last year, many folks with PD 2006 were approved, while many like us with older PD were left waiting. Luck is a strange animal -- it lets you see the map of the world in your handheld, but won't let you travel freely because of retrogression.

    There's this story about luck and how one can get around it in some cases. It is not very relevant here, but here's the story: A wise man came to a village and observed a family living in great poverty. All the family had was a cow and a sack of grain. They would work very hard, but their net worth never rose beyond the "cow + sack of grain" level. The wise man, being wise, figured out what's going on. He asked the family to give away the cow and have a party with whatever grain they had. The family initially thought this advice was daft, but eventually complied out of respect for the wise man. The night after they had squandered everything, Brahma could be seen quietly bringing the family another cow and a sack of grain. What the wise man had figured out was that this level of net worth was preordained for that family -- whether they work hard or party. Not a great story to tell your kids to teach them about hard work; but provides an alternate perspective when you're stuck in line.





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  • shana04
    10-15 03:11 PM
    I have built a very simple EB2-I Visa predition model

    Making following assumption

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


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

    Amen! I wish your predictions come true.





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  • sath2000
    07-17 04:33 PM
    Hi,
    Here is my issue regarding the PD.

    My Employer applied for labor through RIR under EB2 March6th 2004 which was then transffered to Philadelphia Backlog Center. Our Attorney suggested that we Apply through PERM process and Retain PD from the old case. Converted to PERM and applied on 09/26/2006 which was approved on 12/29/2006 but the letter said that they are not retaining PD from the old application as address is changed. Our employer moved 1 street accross in between these to application in Feb 2006. only street address changed everything including phone number remained same. My attorney said that he talked to the labor department in Chicago telling them that phone number didn't change. They said they will consider it and asked him to send a letter. It has been over 15 months he send the first letter. He said last month he also received a call from chicago office saying that they will take a look at the files.

    In the meantime applied for I-140 and I-485 concurrently in July/Aug 2007. I-140 got approved on 05/28/2008 and got RFE for I-485 on 06/13/2008. responded to RFE and now case process resumed.

    At this point I am trying to see if anyone have this kinda of issue and got resolved or there is away to get this resolved.

    thank you





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  • thomachan72
    01-13 02:59 PM
    One important point from the document: If employer can not directly control/supervise his employee's work and then H1B new petition/extension may not be approved.

    Are these provisions new? I am not aware of the previous laws reg H1bs that is why I am asking. Previously employer did not need to have direct supervision?



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  • pmat
    05-11 01:35 PM
    What happens to the money contributed to US Social security if you move to Canada (for stays < 10 yrs in US). Can you transfer the social security to Canadian system?





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  • _TrueFacts
    09-03 11:50 PM
    Just a shame on you to talk like this about dead man.

    Dead or alive..facts are facts! Do you have a point to make?



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  • cableman
    05-10 09:29 PM
    Thanks cableman.

    I did read that part and hence my question was if I am in the fourth/fifth year of my CA PR when I decide to go to CA, will I be allowed at least in the country.

    Another question was if I am in my 4th/5th year and know that it might take me another year before I go to CA, can I apply for CA PR again, even when I already have my CA PR OR if I apply for my CA PR immediately after my current CA PR expires, would I get it again (assuming I have the necessary points)

    Thanks again to everyone who tries to shed some light.

    Be honest, I don't know the real answers. You should find a lawyer to discuss this. I just share my thoughts. For your first question. I guess you should have no problem to enter Canada as long as your Maple card is still valid. However, I think when you renew your Maple card, you will have problem. For your second question. I think you can't re-apply PR as long as you still have the PR status. I think you may have to wait until your Maple card expires. I don't know the successful rate of re-applying PR. Enough point is one consideration, your intent to stay will be another consideration. I will be surprised if the immigration officer won't question you why you gave up the last PR status. You must prepare a good answer. Let me put in this way. Consider yourself is the immigration officer, will you question the applicant who gave up the status and re-applied again? Last advice. If you want to keep the PR, you should find a good lawyer to discuss the possibility of explaining to Canadian immigration why you need more time to move to Canada.





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  • unseenguy
    06-16 01:09 AM
    Outsourcing is bad for not only for US citizens but also for future H1bs and GC aspirants also.
    Still all the jobs cannot be outsourced. Also if that would have been the case I would have been out of job. But My salary was increasing steadily and in this tough economy also I was able to get a new job with 20% rise in pay after I lost job . There are many companies in USA who are only hiring USA citizens and discouraging outsourcing. Wherever I was working I discouraged those companies from outsourcing but encouraged them to hire h1bs ,GC holders or US citizens. Many start up companies in California cannot afford to do outsourcing because of tight release schedules.

    Correct. So based on your post, skilled people need not worry about outsourcing. You can argue in favour of onshoring and that is a good argument. I support this kind of approach.



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  • PlainSpeak
    01-14 01:16 PM
    PlainSpeak,
    I say this in the nicest way possible.

    1. Instead of wasting time by answering here on the post, do something constructive for your own gc (whatever that may be).
    2. If you do not believe in IV and what it does, you are truly wasting your time. Second, which IV provision do you not believe in - visa recapture? excluding dependents from being counted? removal of country caps? which one of these hurts your prospects of getting the gc?
    3. Watching cspan definitely gives a person a better understanding of what is happening. No questions about it. But it is a passive exercise, as there is nothing you have done or can do or will do to change the outcome of what is happening.
    4. Let us hope that this DV bill goes somewhere - what kind of activities do you suggest we should do to prepare for it? With specific details, you may be able to persuade people.
    Ahh my friend willgetgc you are back and thanks for asking nicely. That is really appreciated. Ahh i see that you still have a tinge of anger but no problem. this is progress

    1. Instead of wasting time by answering here on the post, do something constructive for your own gc (whatever that may be).
    Some one has to make it clear and by that i mean explicityly clear to you all that the fact is you people are not the only ones who can write eloquontly and articulate and idea. And that your mob mentality ganging will not work anymore, There are other peoples out there and they also have idea and this is the one way to make sure all you people read what is going on becasue my friend you all are reading. This is the first step. The next step would be discussion of an idea and so one

    2. If you do not believe in IV and what it does, you are truly wasting your time. Second, which IV provision do you not believe in - visa recapture? excluding dependents from being counted? removal of country caps? which one of these hurts your prospects of getting the gc?
    None hurt my prcopect instal All are good for my prospect but my simple statement is that nothing small has passed in congress so there is no gaurentee that anything big will pass so instead of hangng on to the same old ideas (We can all can go back to them when there is mommentum on it) it is time to think about new out of box ideas

    3. Watching cspan definitely gives a person a better understanding of what is happening. No questions about it. But it is a passive exercise, as there is nothing you have done or can do or will do to change the outcome of what is happening.
    It seems that you are way behind the curve here my friend. That was written a long time agao but no matter you read it that is important. To your question yes watching CPAN is a start, i agree a passive start but a start. The next step is active participation but looks like that is something which will not be allowed to happen by all the senior members and donors of IV

    4. Let us hope that this DV bill goes somewhere - what kind of activities do you suggest we should do to prepare for it? With specific details, you may be able to persuade people.
    Ok my friend this is being asked so many times and it is painfull (Physcially) to type it again and again and so i will do it just once more and i would request all IV members donors to read about it here not ask the qeustion again and again but refer to this section which i have highlighted

    I have some plans and ideas. I am sure it would be duplicates of what you intelligent people people have already talked about and maybe implemented in full. Now for me to talk about my ideas (which you ask because you doubt my intentions) i would say i also doubt you guys intentions. I get abuses and specially i have MINUS 2000 points (That many people hated my idea), so for me to talk about it i need some questionable action from you guys who gave me reds because you beleive i am wrong and now want me to explain myself but you yourselves will not change you attitude or hostility





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  • snathan
    01-16 01:40 PM
    Accepting regulations does not mean to prevent Indians to come here. I can tell many examples. There are many bodyshoppers get h1B and make the persons to sit on bench in India or USA. I know some persons come here 1 year after getting h1b. But many reputed companies those who are real need of people could not get H1b as Cap was reduced. Putting restrictions on on bodyshoppers will improve H1b usage and wastage can be eliminated. And will make h1b program legitimate.

    If you like the regulation please go ahead and follow that regulation. We are scrabling to find the legal solution here. Why you waste your time in something which you dont believe. YOu are unnecessarily deviating from the topic. Please ignore this thread if you dont believe in the cause.



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  • ivar
    07-21 10:50 PM
    I guess there should be some T-Shirt to wear when going to Walmart or desi shop which says "Amway leaches keep away (some slogan)" to put these desi Amway guys to shame.

    When I moved to Cali about 2 yrs back from the midwest, I saw a guy at a desi store in the bay area who looked very similar to an old school friend whom I have not seen in 14 yrs. I went upto him and started talking to him asking if he was the same guy, He insulted me and avoided me like the plague. In midwest, I have not had any similar exp when I have tried stiking any conversation with a desi, so I was shocked. Then my BIL who had been living in the bay area for a while tole me about amway cons being in huge numbers and the fact that Desis do not trust anyone in the bayarea who appear friendly and the probable reason why this guy behaved the way he did. It is sad that we cannot be friendly to our own countrymen.





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  • royus77
    06-28 09:20 AM
    (Remember Visa numbers are allocated on visas used and not how amny people applied). Please share your thoughts. Thats my 2 pennies.


    Good point.



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  • dhirajs98
    07-21 10:03 AM
    I have my EB3-RIR pending at NSC with PD JAN 2004. I-140 concurrently filed on July 23rd 2007 at NSC is still pending. I do have the EAD and AP approved.

    I have another EB2 labor (PERM) certified but its I-140 was denied on the basis of qualification. I have 3 yr B.Sc + 2 Yr. Post Graduate Diploma from India. This labor was certified on Dec. 26th 2006 and I-140 was denied last year after replying to the RFE raised regarding qualification. USCIS was looking for 4 yrs. degree instead of 3 yrs. They didn't accept my 2 yrs. post graduate on top of my 3 yrs. B.Sc degree.

    My question: Is it advisable to go ahead and revive this PERM labor to file fresh I-140 again? If Yes, then what all I should do before filing the fresh I-140? I have almost 8 years of work experience in USA beside my 3+2 years degree from India.

    Please advise.





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  • logiclife
    06-27 11:35 AM
    From pages 36-37 of CIS Ombudsman's 2007 Annual Report to Congress (http://www.dhs.gov/xlibrary/assets/CISOMB_Annual%20Report_2007.pdf).

    In the 2006 Annual Report (at p. 16, AR 2006 -- 02), the Ombudsman also recommended that USCIS assign visa numbers to employment-based green card applications as applicants file them. The Ombudsman continues to recommend that USCIS work with DOS to reinstate that process which existed in the early 1980s, wherein DOS issued visa numbers for both employment and family-based applications for applicants as they applied rather than as they were approved. This process would ensure that USCIS does not accept more applications than the number of visas available.
    With respect to the recommendation that USCIS assign visa numbers to cases as they are received, the process the Ombudsman describes was the process in place a number of years ago. DOS, which manages overall visa number allocations, modified that process to the procedure in effect today. It is their policy to allocate visa numbers to USCIS adjustment cases only as the point of approval is reached.
    However, through the tri-agency meetings, DOS explained that the modification to the program occurred in the early 1980s because INS could not adhere to the requirements to return unused visa numbers immediately. The Ombudsman understands that DOS prefers that cases are reported qualified for a visa earlier than at approval. In the last several months, there have been several suggestions on how to accomplish that task, but operational concerns remain. The Ombudsman hopes that USCIS and DOS can reestablish the older program with improved processing and technology to ensure timely and accurate reporting of cases ready-to-issue and to prevent the future loss of visa numbers.



    Yes. Agreed. But what this means is that if they approve too many cases then they may issue August bulletin with retrogressed dates. And that's fine because they can do that and everyone expects dates to retrogress either in August bulletin or in subsequent bulletin.

    Which portion of the Ombudsman report says that "In the middle of the month for which bulletin is already out there with current dates, they can just stop accepting applications and sort of "REVISE" an already issued bulletin".

    WHERE DOES IT SAY THAT ???

    And I am still looking for source of information where in the middle of the month for which a bulletin was already issued in preceding month, USCIS chose to stop accepting petitions and not honor the bulletin issued by DOS with current dates.

    I am seeing a lot of copy-paste from lawyers websites but NONE, I repeat, NONE has a government website URL or any official source.

    Those who still want to believe can choose to believe this. It will make people file on July 1st, if its in their hands. If its in the hands of HR department and company lawyers, it will make them raise their blood pressure until the lawyer sends them an email on July 25th that the Fedex went out today.

    I believe that regardless of what August bulletin shows, July bulletin on DOS website applies to month of July all the way thru July 31st and as long as you file before July 31st, you are fine.

    I made myself look like an idiot by asking such questions to my lawyer, who is already going nuts over the suddenly sky-rocketing workload of 485 petitions. There is another guy who made a fool of himself by asking the lawyer this question.

    And people keep posting new updates and baseless sources to add credence to this baseless rumor. Suit yourself.



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  • bfadlia
    02-19 02:35 PM
    I guess, you still have to answer the question: "How keeping people who are in US, having kids and families, on EAD/AP for years serves the purpose of diversity?"

    Ow, I can convince a lot of people, by saying that US government wasted thousands of visas for countries without any country caps. Therefore "diversity" is a lousy and crappy excuse, the real problem is a complete mess, obsolete laws, corruption, and laziness of USCIS.

    bestia, USCIS are allowed to use the unused visas from one category in another even if they exceed the quota, they just choose to be inefficient and not do that. If there are excess ROW visas unused, we all strongly support that they be used for other groups.. but decreasing the wait of one group at the expense of increasing the wait of another.. u'll have to lose some people with that direction





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  • gopinathan
    07-28 12:51 PM
    I see all the people in these forms who are highly educated but prejudiced about an opportunity because of bad practices by some narrow-minded people. the very word "amway" is frowned upon..

    This is what I learned from my experience (the last confrontation/discussion I had with my up-line before quitting). in case of Indians coming to study/work in USA, we did as we are told. we aced the exams, worked hard to get a job and our parents back home are proud. we achieved something in our lives and if a strangers walks by and slaps his pitch saying I am living a lie - that's a nasty pill to swallow. how in the world can someone expect an outsider tell him he is a loser and this business is his ticket to happiness ?? and everything these strangers in the malls do to prove it (like talking about retiring at 40, making millions while driving in $2K cars, having diamonds show their checks) its all making matters worse. that is not how you build credibility with a stranger.

    everyone likes financial freedom but you will never get someone to agree to that and accept for help unless you are his close friend or an associate. no one will open-up with his real worries to someone who just showed up with a smiles. how stupid is it to ask someone you come across in WM about his dreams vacation or retirement plans and have the guts to say have a vehicle to fulfill his dreams !

    .. a person has to be ready mentally to be approached for any business and if they are not ready then the same conversation which they might find helpful at the time when he is mentally ready would look like as a harassment when they are not mentally ready.
    ...
    And i believe these all practices of theirs is whats turning people off.



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  • dilipcr
    06-16 01:50 PM
    Easy for you to say when you are applying for your citizenship. You sir, are an idiot. And if you were really on H1 for as long as you claim, you are a mean idiot, no less.

    Retrogression is a scar on the face of EB immigration.

    Thats the reason every immigration bill so far related to EB has tried to resolve this issue. Anyone who says retrogression is good is either misinformed or a pychopathic specimen that needs instant mental evaluation, followed by treatment and observation in an asylum. The observation should continue for as long as it takes a typical EB3-India case to get approved. To paraphrase your quote: "The truly cured would still be observed until their turn for release comes"

    Why do you have to resort to calling names ? Are ad hominem arguments the best you could come up with ? Let me give you an analogous case wherein people say that a recession is a good thing. Recession occurs in order to cleanse the economy of bohemian excesses and inefficiencies. Do you think that such people are sadists and belong to the mental asylum ? Of course there are people who get affected in a recession. Does it mean it is not desired ? In a similar vein, you need to understand that there were and are huge gaping inefficiencies in the current immigration process. There has to be a way to curb these excesses and inefficiencies. Retrogression may not be the best way but it is the only way utilized right now. If you still believe that I have to subscribe to these inefficiencies despite having gone through the immigration process, I am sorry I beg to differ.





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  • syzygy
    02-12 10:31 PM
    This is only way to set things in order. Number of people stuck in retrogression today due to USCIS misdeeds is much larger than few years back when Rajiv Khanna lost the lawsuit. And old results shouldn't hold fresh efforts.





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  • venetian
    09-15 07:16 PM
    Two of my friends with 2005 EB2 PERM got the 485 approval using their 2003 EB3 PD (which were struck in backlog centers).

    I assume many 2005 & 2006 EB2 PERM would have done similar PD porting and would have got approvals.





    ash27
    03-31 11:16 PM
    Sk2006, I don't understand why would you like this thread to be deleted. I understand that this is immigration forum but I do not see any issues discussing other topics that other people are interested.... Please do not discourage people from discussing other issues that may be relevant. If you are not interested, you are more than welcome to not go through this thread....





    panini
    05-17 04:19 PM
    According to the latest news from Sri Lanka:

    1) All the Tamil civilians that were held hostage as human shields by the LTTE, have been rescued by the Sri Lankan army and have crossed over to safety.
    2) The LTTE have conceded defeat and said it is ready to surrender to a 3rd party.
    3)The whereabouts of Prabhakaran is not yet known but there is lots of rumors in the net saying that his body has been found and it is being investigated for DNA proof.
    4) The Sri Lankan army is still engaged in clearing out small pockets of LTTE that still remains.
    5) The whole island is celebrating with dancing in the streets, fire crackers and distributing Kiri-Bath (Milk Rice) which is cooked for very important occasions. And I wish I was there too !!!! :)

    So as you see it is all good!!!



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