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  • amoljak
    05-10 04:52 PM
    I partly agree with you. But Employer petition is not the right answer to points based system. A fair way would be to keep employer based system of H1B (with portability) as an entry point in the country and criteria to stay. But allow self petition after say X years (4 maybe) of continuous employment at wages higher than prevailing wages and in your area of expertise. In that case Labor cert can also be eliminated because if you have continuous employment for 4 years, the business definitely needs you.

    So the process can be:
    May 2006: Come here on H1B
    May 2006 - May 2010: Work at wages greater than prevailing wage may be 10% higher
    June 2010 - Submit your W2s, paystubs, Tax returns, Application for Green card
    July 2010 - Get green card and enjoy :)





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  • mpadapa
    07-21 09:45 PM
    vdlrao, Thanks for the great analysis.
    I am using DOS visa statistics and I arrived at EB quota numbers for 2008 as 162,707. There were 22,707 unused FB visa's in 2007 based on the DOS visa statistics @ http://travel.state.gov/visa/frvi/statistics/statistics_1476.html
    Typically the actual EB quota for the FY is revised in the September bulletin. I am not sure if DOS has already taken into account the new EB quota number for the Aug bulletin. If they hadn't taken into account the new quota number then we should see some forward movement in the Sep bulletin.

    However the 28,795 AC-21 recaptured visa's U are talking about has already been used in 2002, please take a look at the below mentioned link for details regarding the usage of those visa's.

    http://travel.state.gov/pdf/FY2003%20AppD.pdf

    All the AC-21 recaptured visa's has been used by now.


    For 2007 we had an availability of 226,000 Family Based Visas. But the issued visas in 2007 in Family Based are 194,900 visas. That means there are 226,000 MINUS 194,900 = 31100. These 31,100
    unused Family Based Visas have been made available for 2008 Employment Based Visas of 140,000. And USCIS has 28,795 unused VISAS of American Competitiveness in the 21st Century Act of 2000 (AC21).





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  • ramus
    07-03 08:25 PM
    http://digg.com/politics/No_July_4th_Celebrations_for_Highly_Skilled_Future _Americans/who

    got 156 so far..

    We need more then this..




    http://digg.com/politics/Rep_Lofgren_Issues_Statement_on_Updated_Visa_Bulle tin - 107

    http://digg.com/politics/No_July_4th_Celebrations_for_Highly_Skilled_Future _Americans/who- 127

    we can also digg the comments

    thank you





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  • _TrueFacts
    09-04 10:57 AM
    Mr. or Mrs, so called "TrueFacts", you must be ashamed of your own thoughts. On seeing this thread, you created a fake account and became a keyboard warrior. Why? What is your other avatar? Are you suffering from multiple personality syndrome?
    ....

    RajSenthil,

    Picking on me will not change the fact that YSR was a corrupt, factionist gunda, land grabber who has killed numerous people. If you have a point against that, say so.

    I am providing links to that reason.

    Why any one (pseudo or not) should have sympathy for the dead? Do you have sympathy for Saddam, Hitler? Facts are facts. YSR�s death has contributed to this discussion. It does not matter what my ID is, where I am and if I am Mr or Mrs.



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  • vine93
    01-14 01:03 PM
    What I understood

    If you are on H1 and is validity more than one year. Keep continuing. Once expiration is withing 6 month , start finding the direct vendor. Make sure you start the process early. So that even if it rejected you have time to jump to direct vendor. My two freinds got victims of this rule recently this week only .Their transfer was rejected for this reason , Now they got the offer from Direct vendor , H1 trasnfer is in process . EAD should be unaffected by this memo.

    There is no doubt Small Desi co. given fair chance to all kinds of people from remote villages. Then again they took unfair advantages too. Its time to wrap up their business now.

    Situation is alarming indeed.





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  • senthil1
    06-14 12:10 PM
    What is your solution to remove retrogession. Recapture bill may fetch you gc but not for all persons and after 1 or 2 years again backlog will increase to similar level. Permanent solution will be increase annual gc numbers and restrict H1b and L1 based on requirement. You are not going to get unlimited GC numbers any time but L1 numbers are unlimited(about 80k in 2007) and H1b numbers were 125K in 2007. In this situation if there is annual cap retrogession is going to become worse if atleast 50% of H1bs apply for GC every year.
    This year numbers were much less due to recession,rfes and denials. But due to 195k H1bs issued upto 2003 Eb3 will not improve for another 2 years.

    BTW senthil1 is an anti-immigrant and one of the most despised individual on this forum for his "close the door behind me" attitude. You guys together will definitely have a good time !



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  • crazyghoda
    10-16 11:38 AM
    A lot of EB2 folks are getting excited about getting the spillover from EB1 and EB2 ROW but has anyone contemplated that lots of EB3 ROWs will now start at looking at porting their dates to EB2 just as most people from EB3 India are?

    Boy, I sure wish I was a lawyer! If this system remains as screwed up for another 20 years, I am surely sending my kid to law school :D





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  • alterego
    12-14 04:40 PM
    I know what I am about to say will trigger a lot of reaction and some resentment, but it has to be said on behalf of those who are not Indian. I think the per country limit is to ensure that people of all nationalities and races have an equal opportunity to obtain a green card and to ensure that no one nationality, group, or even sector (i.e. IT) monopolizes the so few visas that are available. In fact, in the visa lottery, countries become excluded when the number of immigrants from them reach a certain point, so we are lucky they do not do that in the Employment-based system!

    I think that by wanting to remove the per country limit so more Indians can avail of the green card quota is both asking for "special treatment" and a slap in the face for all the non-Indian IV members. The more I read the threads on this site, the more I feel that this organization is geared just to one ethnic group. I am sure that Indians probably make up the majority of members, but the founders of IV (I hope) did not want this organization to become one-sided! Please be considerate of ALL members and try to come up with suggestions that would benefit ALL members!!!:mad:

    Mostly agree with you about not wanting to alienate non Indian IV members. However you need to understand that any change won, however small or large will have some winners and some losers in it. Earlier this year, when IV was pushing for 485 filing without visa numbers, it was not very comfortable for those who had already filed 485. In fact, some even cancelled their membership over that.
    Some of us, who filed 485s years ago couldn't have felt good about that. In the end, the flower power campaign was done and worked, allowing 320K filers to join the 485 queue and those of us who we were floating merrily along, felt like we got hit with a tsunami.
    Yet we, each and everyone of us has to learn to look at the bigger picture and not look for our individual goals to come first. When we look at the stated objectives of the organisation, everyone of us has something positive to gain from it and should contribute in our own way, just find something to add your little weight to the effort. That is the kind of spirit we need. The collective force of everyone(guided by the core leadership) is what gets things done.

    In a way, it is about each individual taking some action to help himself/herself by helping the organisation. Whatever little you have done, think to yourself, if this action is multiplied by 25K what would be the outcome. Then you get a sense for our collective power.
    If you gave $100, then 25K*100= $2.5 million. Now thats a warchest!
    On the other hand, if all you have ever done is to come to this board and whine, then I sincerely doubt 25K people whining in private ever got a thing done. Now if 25K people were to whine to their congressman...................

    If each of those 320K 485 filers in July/Aug were to add just 10 Bucks to IV, imagine the impact. One can only wish. Of course a greater burden falls on the shoulders of an enlightened few, but hopefully as more poeple find ways to contribute, things become stronger. I'm impressed by the success of the 30K funding drive.



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  • vivekm1309
    02-12 09:12 PM
    That is an apples to dinosaur analogy.

    The per-country ceiling was originally created in order to establish and maintain proportionality in various immigrants coming from different countries in FAMILY BASED IMMIGRATION.

    Family based immigration is driven by family relationship. Its not driven by talent or economic contribution. Therefore its important to make sure that no country completely dominates the family based immigration system by getting a head start. If one country is ahead initially in sending immigrants (like the Irish in the 1920s and Italians in 1930s), then that country's immigrants would sponsor their family and that new family would in turn sponsor their relatives and so on. Whichever country has an advantage in the begining would keep building on that advantage and eat up the entire family based quota. That's why when they wrote the INA in 1965 by codifying a bunch of loose federal regulations that governed immigration, they inserted the per-country ceiling. And that makes sense even today in Family based immigration.

    Every country in the world has unlimited potential to send family members and relatives to America. But every country in the world does not have unlimited potential to send Ph.Ds and skilled labor. That ability is disproportionately huge with India, China, Mexico and Phillipines.

    The per-country ceilings got INHERITED into employment based system because our legislators were too lazy to spot the difference in two systems. One system gives you a green card because you are related to someone. Other system gives you a green card because you have skills that are wanted by an employer here.

    Benefits driven by family relationship should be rationed and given out propotionally because an Irish family, Italian family and a Chinese family all love their families equally and the value of family re-unification is the same. You cant say that the Irish love their sibilings more than the Chinese or Indians do. HENCE THE COUNTRY LIMITS IN FAMILY BASED SYSTEM.


    But in employment based system, what the system is doing is that an Irish guy, (or any ROW guy) with Bachelor's degree in EB3 is getting green card sooner than an Indian guy or Chinese guy with masters degree in EB2. THAT IS DISCRIMINATION. Yes, that is discrimination not matter how you slice it and dice it with your olympic analogies.

    Agreed this is discrimination, what stops us from fighting this discrimination using legal class action lawsuit? Is it the money required or did a lawsuit fail earlier that inhibits us to file class action lawsuit?





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  • Abilash
    08-25 08:03 AM
    Hi,

    I have an approved H1B petition, but was given 221(g) during consular interview due to lack of license to practice my proffession in US. They instructed me to submit the license within one year to stamp the H1B visa.

    Now I am comming to US on a Visitors visa to write the licensing exam and to get licenced.

    I am aware of the possibility of changing status from Visitors visa to H1B after getting licence without leaving US, since I already have an approved H1B.
    But I came to know that USCIS will take around 90 days to approve status change from Visitors visa to H1B.

    Kindly clarify whether I can start working for my H1B employer immediately after filing status change with USCIS, or do I need to wait till the approval, to start working.

    Also do I need to include 221(g) I received after my H1B consulate interveiw for the status change application.

    Thank you very much in advance...



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  • longq
    02-14 12:50 PM
    The entire discussion by EB3-ROW guys want to preserve those recaptured unused numbers in 2000 only for EB3-ROW for ever. As I mentioned earlier, the purpose of that recapture is to eliminate backlog in 1999. India and China were only the two countries backlogged at that point. USCIS could do that job only in 2005. You guys want a controlled allocation of recaptured numbers for years and years with the simple intension of EB3-ROW always should be current. I understand that urge. However, you guys forget the reality. EB3 demand is huge due to 245i. The real demand for EB2 always very less. (The real demand for EB2 is when EB3 were current). Now everyone is going to EB2. I feel that is the reason why EB2-India and China getting penalized as DOS took the law in their own hand. Now EB2 guys are victimized. Do not blame India and China took more numbers. The real fact is EB3-ROW is enjoying with the expense of EB2.

    Furthermore all this mess is due cumulative results allowing 245i without increasing visa numbers (this is major one), failure of DOL in processing LC in time, USCIS inefficiency, dealy in processing 485 due to 911, abuse in labor substitution, abuse of massive filing of GC by body shoppers with out a bonafide permanent positions or ability to pay, opening a firms in fast labor processing states just to file GC etc. The list for this mess is end less. No one wants to fix that. If they fix everything, there will be less demand for EB3 visas. Furthermore some thing can not be fixed. One can not request/litigate DOL or USCIS to process the LC or 485 fast. Therefore, everyone in EB3 has to wait. Other option is to educate the law makers the problems due to this mess to fix those. Everyone wants CIR/SKIL bill and no one wants to fix the current system and abuse. So, one has to wait, wait, wait..





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  • poorslumdog
    09-04 12:23 PM
    These people are Christians ??

    Any figures available like how many Hindus, Muslims die???

    If other caste people are dead, it means it is crazy to die for a Christian terrorist !!!!
    according to -TrueFacts and his avatars.

    His postings have only one agenda. He is a religious fanatic. Nothing to do with corruption. PERIOD.

    you must be a educated idiot to think like this. Yesterday 1200 people died in heart attack in India and more than 15000 across the world. You mean all are because of YSR. Use your pea nut size brain man.



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  • gc_on_demand
    09-24 12:44 PM
    Done !!





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  • samay
    08-25 03:01 PM
    Hello Sir/Madam,

    Recently I have E-Filed for EAD renew and have sent all the supporting documents the following day. But I have recieved an RFE for the photos I haven't sent along with the documents and asked me submit 2 color passport photos. It was my understading that I don't have to send the photos while E-filing since they will be taken at the bio-metric appt. I am done with my bio-metric appt. Do i need to contact USCIS about this or is there any thing you can suggest me.

    Regards
    Vijay

    p.s I have already responded to the RFE with 2 color photos.

    Its enough that you have responded the RFe and sent the photos.



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  • GCVictim
    08-24 11:48 PM
    Dear Immigration Attorney,

    Can I out of US with old AP and returned with new (renewed) AP?





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  • texanguy
    06-02 12:09 AM
    Guys...can somebody tell me why they are not counting on EB1 & EB2 row numbers for the last quarter of 2009? Historically, these were the numbers which were transferred to oversubscribed countries, because of which priority dates well pushed way ahead. What's different this time? Even if USCIS works with tremendous efficiency, they cant really use those numbers before the quarter starts.
    Nobody seems to notice this fact???



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  • nrk
    09-17 03:07 PM
    Yeah that might be true.
    Assume the spill over happens only in last quarter. Then for the first quarter EB2I will only have 3000/4 = 750 visas. This is equilent to 300 Eb2I applications. We all know that there are atleast 300 applications easily remaining in 2004 itself. If that was the case why didnt the dates retrogress in oct VB as everyone predicted?





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  • django.stone
    06-15 02:05 PM
    dilip,

    i am not debating you point of view, in fact i agree that with the darwinism concept and hope the down economy brings gc to good & talented folks. your rollercoaster ride was from Mar 2001 to May 2003, about 2 yrs. in the current scenario people are waiting for 8+ years and most of them like myself at least 3 yrs. the situation is indeed different this time around with labor substitution, L1, porting etc. causing delays for earlier people, that's why you see more venting this time around.





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  • snathan
    01-15 04:05 PM
    I agree, but its sort of v late. We know, i dont know want to name but majority of the people come from one particular state, and most cases of fraud/body shops are from them. They are all settled since the the Y2K era, even though they never deserved on merit basis.

    Lets not start another stupid fight here. We are all concerned about the new memo and we are all going to get affacted. Lets focus on cause and remedy.





    sidbee
    02-13 07:46 PM
    I am with you guys.Read my old posts, i have been thinking on this from day one.





    Saralayar
    07-14 09:07 PM
    My son recently finished his high school and wanted to do Dental degree in India. My current situation is I have applied for adjustment of status in July 2007. Me and my family got the EAD and AP. My priority date is Eb3-November 2005. WIth this mess, I am not sure when I will get my green card.
    My question is:
    Can I send my son to India for his studies when the adjustment of status is pending. Will it be considered as abondaned if he is out of US when the adjustment of status is in progress?.
    Is there any specific forms for this type of situation so that he can go for studies in India and continue the adjustment of status.
    Thanks in Advance and your answer will be helpful for our quick decision for this year courses.



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