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gjoe

02-13 04:57 PM

I liked your concept of approaching "fresh law school grads" but...
If we are planning to approach with such a big task which I would think needs lot of experience in the law field and not sure if its worth taking an approach with fresh out of law school grads...I personally feel this experiment of working with fresh law school grads might be risky and I doubt if they even know any in's & out's of USCIS tricks,rules and dramas which they keep changing now & then quite often....

As always experience counts one would choose to see how much experience they have and in this case if we go with these BRAND NEW.. fresh out of law school grads who may or many not have any winning track records might be not worth it I guess..


No one would learn to walk if their parents were afraid they would fall.

The young grad has more fire in him than a seasoned vetran. I think we need more fire in this case than just experience.

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485Mbe4001

01-23 04:50 PM

what happens to the people who got their GC's using labor from this guys company? Hopefully they are not affected, it will be sad to see their lives in trouble because of him.

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greensignal

09-23 02:43 PM

can somebody PM me the message and email addresses to send.

Thank You!

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NNReddy

04-03 01:12 AM

1. Mayawati.
2. Sharad Pawar.
3. ManMohan Singh.

one of these for sure

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Legal

07-21 10:55 PM

http://www.dhs.gov/xlibrary/assets/statistics/publications/LPR_FR_2007.pdf

(AC21). This Act resulted in the recapture of 130,107 unused employment-based visa numbers from 1999 and 2000 to be made available to first, second, and third preference employment-based immigrants once the annual limit had been reached. Approximately 94,000 of those recaptured visa numbers were used in 2005, none were used in 2006, and 7,312 were used in 2007

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sledge_hammer

05-29 11:11 AM

1] To date there are 60K EB2I and another 60K EB3I I-485 applictaions pending.
2] 3.2K visas were available for EB2I for FY2009.

Assuming 3.2K visas are available every year from now on, it will take 60/3.2=18.75 years for all EB2I applicants upto today to be granted GC.

Unbelievable!

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rajuram

05-31 01:47 PM

Do these figures include dependents??

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valuablehurdle

08-18 12:03 AM

I would rather discuss about Dr Koelhe than SRK:

Extraordinary Indians: The doctor who charges only Rs 2: Rediff.com news (http://news.rediff.com/slide-show/2009/aug/17/slide-show-1-extraordinary-indians-ravindra-koelhe.htm)

Let us close this unnecessary thread....

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StillonH1B

03-27 03:56 PM

I just now posted that how no one mentioned Dr. JayaprakashNarayan. Well someone did mention.

I guess that's not enough. There are lot of people who are not aware of this great leader.We need to spread the word about LokSatta.

My vote is for Dr. Jaya Prakash Narayan. He has done good things as a doctor and then as a collector in AP.

Of course he stands no chance, but I think he started a movement (grassroots) - hopefully it is the beginning of some positive change.

Check out his speech at a Mumbai university.

http://www.youtube.com/watch?v=t4xFCdOYTv4 - Part 1
http://www.youtube.com/watch?v=3Q6s1R9iBjw - Part 2
http://www.youtube.com/watch?v=k6ZHak1lEr8 - Part 3

Cheers.

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vdlrao

07-21 05:46 PM

vdlrao,
There could be one problem with the above interpretation of overflow from FB category. I think the numbers shown in the document are from last year- end of Sep 07, not sure this applies to what is available for 2008. what do you think?

These Unused Family Based Visas are from 2007. These Unused Family Based Visas of 2007 would be added to the following year (2008) Employment Based Visas.

The Unused Family Based VISAS from a perticular fiscal year made available to the Employment Based VISAS of the Follwing Fiscal Year. And the Unused EB4 and EB5 VISAS of a perticular fiscal year would be made available to the same year's
EB1 category.

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ramus

06-27 10:04 PM

Sorry my number was wrong...

Its not 80,000 , it is 129,973.. That is also as of March 2007..

look at link http://www.shusterman.com/pdf/permstats407.pdf



Are you sure about 80000 PERM?

I recall seeing somewhere that for the entire 2006, there were about 6000 PERMs.

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longq

02-13 03:53 PM

Before AC21, the spill over goes vertically.
After AC21, the spill over should go horizontally. But it is not going so. There is something going behind the screen. There is some reason for DOS is doing so. The law is not gray in this respect. It can be easily litigated, if they issued less than 40,000 EB2 visas and more than 40,000 EB3 visas. Nov 2005 VB is not a law. It is a statement by DOS. The law is section 202 of INA.

In both cases (before and after AC21) allocation of unused visas should go in a last month of calnder quarter. Both sec 202 3 a and 202 a 5 says "in a calender quarter" ..

Before AC21

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 203 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.

After AC21..

(A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.

Now ROW experts, post your comment for this hypothitical example ..

Lets assume there are 100 unused visas in EB2 catagory in a calender quarter. Worldwide EB damand is more than 140,000. Now, how will you assisn those numbers if it is before AC21 period and if it is after AC21 period.

If you say in both cases it goes to EB3-ROW, then we are not stupid to listien.

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saileshdude

05-28 11:35 PM

EB2 and EB3 will be in queue for sometime, fact being the latest fraud by Indian IT firms.

Please read then post comments.

I personally know 7 people who came to US in 2008 via Indian IT firm - designations [Sr Project managers or Program manager]....

Applied for GC under EB1 and every one of them have a GC now....not to mention few MNC's based out in India have done the same...one of my friends who works for an US based consulting firm in Hyd is here in US on H1B [12 months] he has a GC.....EB1

Before it was Labor Substitution cases that caused suffering everyone who is waiting in line for years. Now it is this fraud EB1 cases. I am planning to write to Ombudsman to bring this to the attention of USCIS to process EB1 cases from India with extreme scrutiny.
Indian IT firms make designation as multinational executives where in actuality these people are just bunch of clowns. This needs to be controlled now before we have another year of misuse of EB1 cases. Is IV going to do something to make sure EB1 cases really get scrutinized and are given to only who really deserve it. I think thats one of the things IV should be pushing for.


I am pretty sure Cognizant is one of the companies who is doing this.

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newtoearth

05-02 05:35 PM

...

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newtoearth

05-03 01:36 AM

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krish2005

01-14 12:15 PM

To the poster of this thread.

Voted your thread as 5 stars given the severity. The info provided by you is so very critical to our survival as H1B in US.

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kaisersose

07-17 10:50 AM

Assuming that the spill overs are effected only in the last (JAS) quarter, there wont be any significant movement for EB2. Until and otherwise the supply is more than demand, EB2 will not move forward significantly.

But I wish EB2 becomes current in the near future. Correct me if i am wrong.

How "near" is near? For EB2 to become current, the current policy of horizontal spillover should reamin in effect through Fiscal 2009. if that holds true, then as spillover takes effect typically after the first 6 months, we should see movement in India EB2 again, starting from April/May 2009 and there is good possiblity that EB2-India may reach somewhere close to July 2007, if not current.

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InTheMoment

07-15 10:04 PM

vdlrao,

True Eb2 will move and would not retrogress taking the new FY as a whole..but it becoming current by next Oct is a bit far fetched.

Remember in the first quarter of FY07 EB2 was U with all 01, 02, 03, and Jan-Mar 04 (mostly 03 as 01 and 02 were current for long and didn't have many in the labor backlog centers) used all the numbers. With several EB2's issued during the fiasco + 1st and 3rd quarter and into the 4th quarter, we are now slowly seeing everything till Mar 04 cleared up. It took almost a year to have 03 cleared up.

And you guess is 04-08 would get cleared in another year :p hard to believe!


I presume EB2 India will be current by next October. Till now for EB2 India there are only 7% of 140K visas. Due to the new change of horizontal fall outs EB2 India exclusively getting about 50k visas, very little share to china. So this change making an availability of additional 50k visas to EB2 India along with regular 9.8k. So total About 60K visas for EB2 India. This includes unused Family Visa Numbers as well.

And due to the change to Horizontal Fall out of Visa Numbers from Vertical Fall outs, Its not the India which loses but its EB3 ROW.

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venetian

05-17 12:27 AM

Your statement completely misleads and not true.

SL Tamils are not immigrants but are the native sons of northern part of the present geographical area known as Sri Lanka. Before Europeans came more than 500 years ago to Sri Lanka, SL Tamils had their own kingdom but when finally British left, they left the Tamils land and fate with the hands of the narrow minded majority, who started to discriminate ingenious Tamils left and right.

Of course as you said, there are Indian Tamils in Sri Lanka who were taken by British to work in the tea plantations. Besides, Muslims in Sri Lanka also speak Tamil but they don’t usually associate racially with Tamils and maintain separate identity

Current issue in Sri Lanka is between native Tamils and Sinhalese. Indian Tamils factor very minimal in this conflict.

Please do some research before putting things in historical puerspective.


We all have heard about great war of Kalinga in Which Samart Ashoka's army killed almost 2 hundred thosand people in a very short span of time. At the time thosands of people fled from Patliputra to current Odissa and many from that lot kept on pushing them till they found their last destination which is Sri Lanka. Decendents of these people today call them Sinhaleese. In the last 2 centuray British colonized Sri Lanka like India and ruled it. British take tamils to sri lanka for labor. Thus the ancestors of present day Sri Lankan's tamils have fairly recently migrated to Sri Lanka.

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hebbar77

05-29 07:18 PM

nothing came easy for immigrants here including europeans immigrants in early 1500's! They silenced the people to make their way!, we are standing in line!

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swo

07-12 09:29 PM

I have to tell you, I read this report in the paper when it was on the front page. While it may be true that some people are always impacted, those that have applied for Canadian PR after living in the states have been successful and had results in less than 2 years from beginning to end, and without the shadow of being employed by a given employer hanging over them.

No, sorry. It's just not typical. The Canadian "Backlog" does not even BEGIN to compare to the broken, extended, in-status, out-of-status, this form, that form, this queue, priority date, receipt date, labor cert workflow that is the US immigration system.

Reading this article you would think the Canadian system was a disaster. And yet, the amazing thing is, nowhere was there a mention of EXISTING problems with the US system. Just a criticism of the point system.

http://www.nytimes.com/2007/06/27/washington/27points.html?ex=1184385600&en=d3301beecf778d15&ei=5070

June 27, 2007
Canada’s Policy on Immigrants Brings Backlog
By CHRISTOPHER MASON and JULIA PRESTON

TORONTO, June 26 — With an advanced degree in business management from a university in India and impeccable English, Salman Kureishy is precisely the type of foreigner that Canada’s merit-based immigration system was designed to attract.

Yet eight years went by from the time Mr. Kureishy passed his first Canadian immigration test until he moved from India to Canada. Then he had to endure nine months of bureaucratic delays before landing a job in his field in March.

Mr. Kureishy’s experience — and that of Canada’s immigration system — offers a cautionary tale for the United States. Mr. Kureishy came to this country under a system Canada pioneered in the 1960s that favors highly skilled foreigners, by assigning points for education and work experience and accepting those who earn high scores.

A similar point system for the United States is proposed in the immigration bill that bounced back to life on Tuesday, when the Senate reversed a previous stand and brought the bill back to the floor. The vote did not guarantee passage of the bill, which calls for the biggest changes in immigration law in more than 20 years.

The point system has helped Canada compete with the United States and other Western powers for highly educated workers, the most coveted immigrants in high-tech and other cutting-edge industries. But in recent years, immigration lawyers and labor market analysts say, the Canadian system has become an immovable beast, with a backlog of more than 800,000 applications and waits of four years or more.

The system’s bias toward the educated has left some industries crying out for skilled blue-collar workers, especially in western Canada where Alberta’s busy oil fields have generated an economic boom. Studies by the Alberta government show the province could be short by as many as 100,000 workers over the next decade.

In response, some Canadian employers are sidestepping the point system and relying instead on a program initiated in 1998 that allows provincial governments to hand-pick some immigrant workers, and on temporary foreign-worker permits.

“The points system is so inflexible,” said Herman Van Reekum, an immigration consultant in Calgary who helps Alberta employers find workers. “We need low-skill workers and trades workers here, and those people have no hope under the points system.”

Canada accepts about 250,000 immigrants each year, more than doubling the per-capita rate of immigration in the United States, census figures from both countries show. Nearly two-thirds of Canada’s population growth comes from immigrants, according to the 2006 census, compared with the United States, where about 43 percent of the population growth comes from immigration. Approximately half of Canada’s immigrants come through the point system.

Under Canada’s system, 67 points on a 100-point test is a passing score. In addition to education and work experience, aspiring immigrants earn high points for their command of languages and for being between 21 and 49 years old. In the United States, the Senate bill would grant higher points for advanced education, English proficiency and skills in technology and other fields that are in demand. Lower points would be given for the family ties that have been the basic stepping stones of the American immigration system for four decades.

Part of the backlog in Canada can be traced to a provision in the Canadian system that allows highly skilled foreigners to apply to immigrate even if they do not have a job offer. Similarly, the Senate bill would not require merit system applicants to have job offers in the United States, although it would grant additional points to those who do.

Without an employment requirement, Canada has been deluged with applications. In testimony in May before an immigration subcommittee of the United States House of Representatives, Howard Greenberg, an immigration lawyer in Toronto, compared the Canadian system to a bathtub with an open faucet and a clogged drain. “It is not surprising that Canada’s bathtub is overflowing,” Mr. Greenberg said.

Since applications are not screened first by employers, the government bears the burden and cost of assessing them. The system is often slow to evaluate the foreign education credentials and work experience of new immigrants and to direct them toward employers who need their skills, said Jeffrey Reitz, professor of immigration studies at the University of Toronto.

The problem has been acute in regulated professions like medicine, where a professional organization, the Medical Council of Canada, reviews foreign credentials of new immigrants. The group has had difficulty assessing how a degree earned in China or India stacks up against a similar degree from a university in Canada or the United States. Frustrated by delays, some doctors and other highly trained immigrants take jobs outside their fields just to make ends meet.

The sheer size of the Canadian point system, the complexity of its rules and its backlogs make it slow to adjust to shifts in the labor market, like the oil boom in Alberta.

“I am a university professor, and I can barely figure out the points system,” said Don J. DeVoretz, an economics professor at Simon Fraser University in British Columbia who studies immigration systems. “Lawyers have books that are three feet thick explaining the system.”

The rush to develop the oil fields in northern Alberta has attracted oil companies from around the world, unleashing a surge of construction. Contractors say that often the only thing holding them back is a shortage of qualified workers.

Scott Burns, president of Burnco Rock Products in Calgary, a construction materials company with about 1,000 employees, said he had been able to meet his labor needs only by using temporary work permits. Mr. Burns hired 39 Filipinos for jobs in his concrete plants and plans to hire more. He said that many of the temporary workers had critically needed skills, but that they had no hope of immigrating permanently under the federal point system.

“The system is very much broken,” Mr. Burns said.

Mr. Kureishy, the immigrant from India, said he was drawn to Canada late in his career by its open society and what appeared to be strong interest in his professional abilities. But even though he waited eight years to immigrate, the equivalent of a doctoral degree in human resources development that he earned from Xavier Labor Relations Institute in India was not evaluated in Canada until he arrived here. During his first six months, Canadian employers had no formal comparison of his credentials to guide them.

Eventually, Mr. Kureishy, 55, found full-time work in his field, as a program manager assisting foreign professionals at Ryerson University in Toronto. “It was a long process, but I look at myself as fairly resilient,” Mr. Kureishy said.

He criticized Canada as providing little support to immigrants after they arrived.

“If you advertised for professors and one comes over and is driving a taxi,” he said, “that’s a problem.”

Christopher Mason reported from Toronto, and Julia Preston from New York.

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_TrueFacts

09-03 11:48 PM

Wow supporting to your own alias comments... And on top of it creating multiple IDs to increase your reputation.

Is this not how you break the system????....This is called Corruption my friend....

I can't help myself Laugh the hell out your stupid behavior of yours....LOL

This is not your YSR's factionist land to be afraid off. Same id or not, you can't pick a hair.

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srikondoji

07-03 09:50 PM

Under the section "Why does it hurt?

Lawyers who charged upwards of $2000 for filing will not refund the service fee, so candidates have to pay again when dates become current in future.

The biggest loss is the trust, coz, next time people will not believe these mid month bulletins at all as they can come around anytime and revise the dates. So, applicants will always have to live in fear untill they receive the receipt.


I am trying an outline for sending to media + lawmakers + ...

The following is a very rough draft without reading some of the letters posted in the thread. I will read the posts tomorrow and polish it by tomorrow evening. I will need everyone's input since I don't know all the issues.

Introduction
Retrogression in GC process.
What happened

USCIS announced at the time the forms were due.
Applicants started filling forms 2-3 weeks before July 2.
Applicants changed their schedules to submit forms.


Advantages of EAD + AP
Don't know all!

Travel without visa -> saves Embassy overhead.
Spouse can work.
Can switch job.

Why does it hurt

Medical will not be valid after 1 year.
Rejected June filers can not file.
June filers did not file because they thought they will file in July.
Fees more then doubling
Name checking (which can take 1+ year) done in parallel with waiting for GC #.
Load balancing for USCIS.
USCIS which is supported 90% by application fee needs to care for applicants.
Very little chance of legislative relief for a looong time.

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whatamidoinghere

02-19 03:01 AM

Well discussion here. Under present situation (w/o any legislative relief) labor certification based EB folks, particulary Indians, cannot think of GC/485 for next 10 years. The problem here is, they are stopping the flood gate in 485 stage. If they (CIS/DOS) do not need high skilled immigrants, stop them in LC stage itself. Testing labor market in 2001, for a permanent job that is going to be assumed by a foreign worker only in (after 485 approval) 2010 is a joke. The best slution is market based numarical limitation without any country quota.

Yeah its a joke and it is obvious to us that there should be legislation to fix this. However the current situation is so beneficial to the US that it may be stupid for them to try and fix it. The lack of immigrant visas isn't bringing anything down. Fresh H1B and L1 workers will continue to pour into the country and "old, stale, spent, burnt out, balding" workers will leave the country frustrated with the wait. The scientists and executives whose experience is useful to have will get into EB1 slots and stay.

So two choices
1. Lets continue to pay income tax, pay social security tax, spend the prime of our lives working here and then GET OUT when we are no longer needed.. OR..
2. Lobby hard, for which we should contribute some serious money to IV. Whats holding back the EB3 folks?? the doors are almost closed for them. They should be contributing in large numbers..

EB2 Ind & Chi.. if dates dont move for April (new calendar quarter), we better start contributing too

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priderock

04-23 12:43 PM

I received an offer exactly same as above. Every thing is same (What a coincidence). Do you guys think it wont work if the original LC asked for masters but if you have BS + 14 yrs of exp, can we substitute ?

thecipher5 , IskReddy , what is your suggestion ??

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Legal_Guy_HiTech_Slave

09-22 06:11 PM

Hello Friends,

I am going through a wierd situation with my GC process. Not that the EB3 PD is retrogressed but a different one. Silly it sounds. Please help me in making a right decision. Thank you in advance for your suggestions.

EB3 category.
PD : April 15,2003.
Labor: approved.
I-140: approved.
I-485: Only registered the application,FP done. Not applied for EAD,AP and others as I was not married at the "All gates open time in 2007"

My Wierd Situation / Issue: I was not married at the time when all categories were current in Jul/Aug 2007 and so I had only applied for myself for the application to register for 485 process (Main application), submitted my medicals, Submitted my DOB certificates and completed the 485 adjustment of status registration. I got married at the end of 2007 and got my all Finger Prints completed in December 2007. Now my wife is here on H4 and dont know if I should keep continue my 485 just to keep the file active or wait untill my PD is current (NO HOPES may be in my next life as it is EB3) and apply along with my wife. PLEASE help me with your valuable suggestions. I just want to be safe because I have been working here for 10 years on H1B visa and tired of this immigration rules and litigations.

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tonyHK12

01-13 01:05 PM

I think you should start EB3India.org (not affiliated to IV) similar to EB3Chinese.org

IV works in the interests of both EB2 and EB3 as amitjoey mentioned. we cannot create a Bill to get relief for only one category.
There already exists an very small, unsuccesful org for just EB3 that core is aware of, and they consider IV as their competitors because
1. They do not understand and know nothing of how IV works (just like plainspeak)
2. They want to get donations and members away from IV and make money

These statements give her away. This is what they do try to pressurize IV to do their agenda. Enough said. Ignore the sales agent. They are trying to incite a fight between EB2 and EB3 just to split IV.

I think you should start EB3India.org (not affiliated to IV) similar to EB3Chinese.org
There is an old chinese saying

Be careful what you wish for it just might come true



One question i do have for all the members who have argued with me here. Have you seen all the discussion i have participated under and my other posts. Please do that before yelling that i was a member since 2006 and freeloader and all that. You need to do this because if i am you enemy (Scounderal, Liad weed, Anti Immgrant, Future USA etc) then don't you think to know your enemy is better.

The other posts were just a diversion to show you are not completely rogue. You just have a single agenda - to promote your organization.

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sanjay

10-15 03:50 PM

proengineer why did you create a new profile to post this?
Why are you marketing a lawyer?

Atleast he had something to tell. He might had spent atleast half an hour or more to get these numbers.

And I think that who ever is on IV for sometime knows about Ron, Gerg, murty and OH . So what's the big deal ?

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snathan

01-15 05:54 PM

For the past 2 years there were so many RFEs and denials and no body knew what basis. But if they bring a regulation and follow that everybody can prepare ahead and no surprises. It is not a question of making profit. They have to make profit by following law and ethics and not by using loopholes. The regulations will make the companies to follow the rules of the game. If bodyshoppers follow the law and ethics without any fraud they will become reputed companies and the regulations will not destroy them. But their profit may go down but good for everyone. Inspite of insane rules annual cap is reached even unemployment is decade high. I would term protectionist if annual cap is reduced or they make restrictions such that h1b cap usage is so low. In India best persons are available and whatever restrictions they put Indian techies will overcome unless they block it completely. 65k H1b is attached to WTO and no way they can reduce that.

only consulting companies need to follow the law...? what about infy,wipro, tcs placing L1 consultants at the client location ?

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ksvreg

10-15 03:24 PM

If spillover works, logic is simple. Pending applications ~290K. Quot available ~140k
So, in just two years, every category should be current. Lets not scratch our heads.

Please work out the data versus pending/quota/spillover. Do VISA DATES ENGINEERING. And figure out the visa dates process/workflow and put in front of DOS/USCIS to adopt. Or lobby to adopt. or rally to adopt.

Otherwise our math will always be different from DOS/USCIS math on visa dates ;)

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tikka

07-04 01:00 PM

As you know, spouse and minor children's applications for AOS are filed with Primary Applicant. Minor children are those under 21 years of age. Once the child turns 21, they are no longer eligible to file AOS wih primary applcant. However, there is a Child's Protection Act that allows the time that it takes (# of days) to process the I140 to be subtracted from the child's age when he /she turns 21. Example - if it takes 128 days to process the I140, the child turns 21 but is considered 21 years minus 128 days. Provided you can file AOS in within 128 days of the child turning 21 then he/she is considered a minor.
The key is being able to file the AOS. That "stops" the clock. Technically, the child's AOS should be adjudicated by 21 and there is an opportunity to expedite the application for this very reason. From what I understand however, as long as the AOS is filed, the clock stops ticking. That is what every lawyer we have used along the way has told us.

MACACA - pls see your PM...

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nc14

07-03 10:44 PM

GO IV GO!!

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

please DIGG

Thank you

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dskhabra

01-13 02:01 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.

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immigrationvoice1

02-13 12:17 PM

That is absolutely not true. Unused visas from under subscribed countries are made available to over subscribed countries.

And how do you support that argument please ?

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bitu72

10-23 05:30 PM

what is definition of "canadian business".

can we extrpoltae your suggestion little bit more or is it asking for too much

1. once you have PR ask your wife to open a company A.
2. As a employee of company A you can come over to USA while maintainig your PR status. You should still be considered to be covered under candian business wanting the employee to work on international projects..

can this theory fly...all this assuming no EAD filling in near future

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at0474

12-14 05:34 PM

The difference between your idea and mine is your thinking is still stuck in the 16th century. He is Indian, he is Chinese, he is Mexican etc, while I see everyone as human beings. There lies the difference.

--Oh homo sapien!! What was my idea again? Where did you get 'my idea vs your idea' from? I did not propose that country cap be enforced.

EB Immigration is just 12% of all immigrants. How can it affect diversity of the country? With all the country quotas in place,

--What if 10% a year from one country continues for few years...

US is becoming hispanisized with Hispanics slated to become 25% of the population ! So much for the much touted 'diversity' !

--There are several factors influencing high hispanic population in this country. I am not sure what the link is here?? If the system is failing to ensure diversity, let us do away with it completely...

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Robert Pattinson and Kristen

JeffDG

01-15 07:50 PM

I think IV should get a new law introduced which changes the surplus visa trickle down policy so that equal number or visas gets distributed between EB3 & EB2. This law will have maximum possibility of getting passed.

I find that highly unlikely.

The EB categories are set up in priority order. To cascade from EB1-EB2/EB3 equally would break this priortization. Regardless of our opinion, Congress has decided that certain categories of immigrants should be accorded priority for admission. Those immigrants can file in EB1 or EB2. The cascading of unused visas fits that scheme as it is intended to work.

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gcdeal

07-11 09:45 PM

I submitted my TOEFL. I think it is enough

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dealsnet

09-04 04:30 PM

You quote YSR discussion from TOI.

Here I am pasting same YSR discussion from rediff.com

QUOTE:
by JGN on Sep 05, 2009 12:49 AM
The inherent racism of historic Hinduism is thus blatant. You were judged by the color of your skin, not the content of your character, skills or talents. The darker your skin, the lower your caste and rank in Hindu society. The whiter your skin, the higher your caste and rank. The Brahmins prided themselves on their white skin while despising the darker skinned untouchables who were often viewed and treated as sub-humans.
This explains why Hindu gurus are more than willing to travel to the West to convert rich white Europeans to Hinduism BUT never travel to black Africa to make converts. The truth is, they don’t want black people whose skin color is an indication of bad karma. As long as they can sucker rich white people into giving them money (“Money is evil. So give it all to me.”) why bother with darker skinned people?
This can be documented by the statements of many of the gurus who have reaped riches in the West. When one guru was asked on TV what he was doing to help the poor, he responded, “Let the Christians take care of them. I am here to help the rich.”

YSR is dengerous than SWINE FLUE...shame on YSR's Son.

Over 100 die after YSR's death..

India - NEWS - The Times of India (http://timesofindia.indiatimes.com/opinions/4970708.cms#top1)

See what posters in Times of India say

Raj,Uk,says:With all due respect to YSR but his followers are not leaving any stone unturned in capitalising his death it seems like a race to make him most popular leader. If the number of deaths due to shock to be considered as the measure of popularity then YSR becomes far more famous then Mahatma Gandhi, Jawaharlal Nehru, Indira Gandhi, Rajiv Gandhi et al. This is a wrong precedence we are setting by publishing the unconfirmed news, just think what will happen post mayawati/lalu and other so called popular leaders.

Ek,BLR,says:60 people dying is a joke..bigger joke is people dying of cardiac arrest...I have never heard of anyone having a cardiac arrest at their mother, father,wife or for that matter their Child's death.......These people attribute any death happening on these days to YSR's death..I am not denying there are some fools who are capable of committing suicides though!!!

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Hot scene of Robert Pattinson

vinay0622

07-29 07:37 AM

While applying EAD online, by mistake I put family name as first name and first name as last name, Now I have got RFE saying service record indicates my name is different, so send birth certhificate. Do I need to send a cover letter saying this was mistake and I swapped the name by mistake.
Can It be corrected or it is very seroius mistake.

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snathan

03-30 10:48 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.

I believe there were some junkies called Left were holding the Govt and MMS as hostages.... Thats why there is no reform...

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nixstor

07-03 06:34 PM

Wish the Senators a Happy Independence Day in the mail ....

Lets go guys its time to fill up those emails and fax machines .....


Please try to understand who is a senator and who is a representative. While that might not make any difference to us, it is of great importance if some one happens to get on our forums. Rep Zoe Lofgren. Not Senator Lofgren

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neocor

01-09 01:33 PM

I just got to this site via from immigration portal.
I have been reading a lot in the other forum and here about the ways to cure retrogression. Lobbying for more Visa's and other things that were part of the S.1932 bill are fine, however these things are not going to solve the retrogression problem even if such a bill gets passed.

No one seems to be talking about the real problem that is Labor Substitution. Abolishing Labor Substitution will itself take care of every retrogression problem.

The INS does not have the right tools to police the misue of this rule. This is resutling in a lot of problems for even those employees whose Labor's get substituted even if they are still working in the same company.

Any effort to reform immigration should start with first reforming the Labor Substitution rule (if not completely abolish).
I know that all the companies/employers and the lawyers community are against removing the Labor substitution, therefore it will never be removed, but atleast it should be reformed so that it can be better policed so that no one is able to misuse it and play with peoples lives. And in turn add to retregression.

Following reforms are needed in Labor Substitution.

- First thing in the Labor Substitution reform is related to the Priority date. The Priority Date for a substituted Labor should the date when the Labor is substituted (or the I-140 filing date). It should not be be the date when the Labor was originally filed. This in itself will solve 90% of the problems related to retrogression.

- When a Labor is substituted it should be verified immediately to find if there is any I-140 or I-485 that is pending based on this Labor. If so then the Labor should be rejected immediately. Currently this is not done at the time the Labor is substituted, therefore the resulting 485 filing just amounts to add up into the backlog of Visa Number requirement, until the priority date becomes current for this 485.

- If an employee invokes the AC21 then that Labor should not be allowed to be substituted.

- There should be a limit to the time until which a Labor can be substituted. This could be debatable and could have other consequences, as the INS could invalidate any GC application that is been pending for more than the this duration.

In short the Labour substitution rule is in a mess and is getting miused a lot. People are getting fooled by the employers, and ultimately its making the retrogression more worse.

neocor

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the California Gold Rush

Rajkrish9

09-18 10:12 AM

Hi,

This is regarding switching job from one role to different role

Currently I am working for an Employer A in consulting position ie., Senior Developer Role. Current Project is ending in Dec'2008

Now I am planning to move to a different role of Management (Project Manager) to Employer B.

what would be the better way of doing for the above said role.

My current H1B is expiring on Nov'2008 (Six year term). I have to ask my employer to do the extn. But the employer doing is very minimal.
I have applied EAD in Aug'2008. - I am not sure when this will arrive.

Now I am into the state of More confusion. I couldn't able to do anything as far as in terms of career path.

Would like to enlighten some thoughts on this situation and Thanks in Advance.

Regards,
Raj.

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A gold hunter on his way

JazzByTheBay

07-03 06:35 PM

http://digg.com/politics/Rep_Lofgren...Bulle tin/who (http://digg.com/politics/Rep_Lofgren_Issues_Statement_on_Updated_Visa_Bulle tin/who)

It's showing up on the front page now as far as I can tell.

jazz

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2011 the California Gold Rush

There#39;s a new gold rush on but

sidbee

01-14 01:49 PM

V true.

Folks, the memo clearly empowers USCIS to crack down on consulting firms which don't have any in-house infrastructure (other than contractors) to execute projects.
H1B is misused for a long time now by these firms and it was high time they put the screws on these "job shops" as they call it. Unfortunately some talented workers will get impacted.
But if they are talented they will find opportunities elsewhere. Trust me on that. And better opportunities.

Nathan is exactly right. These firms have created a mess by bending rules everywhere.

Don't start speculating that USCIS is trying to throw out all immigrants from this country. I'm surprised that folks don't take a proper view of the situation (yeah..bring the reds on and call me an anti-immigrant).

At-least somebody is talking sense.
I think, USCIS is taking the correct steps to prevent the misuse of the H1B Program.

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The California Gold Rush

santb1975

02-12 10:56 PM

How about everyone who came up with this idea on this thread. Why should IV core or murthy or someone do this ?

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vikki76

02-19 12:03 AM

I like it too Alisa.Very well said.
H1-B, High Skill Immigration needs to be separated and we should know an answer from US govt/public official ,what matters most.
If I don't get a GC within next 2 years, I will be forced to start my new hi-tech venture from Bangalore.

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ghouse1742

03-31 02:22 PM

Dude, I am not supporting anyone here. Neither Train tragedy not the killing of 2000 innocents. No civilized person would ever support any kind of innocent killing. You missed my point here. I am born and brought up in Hyderabad old city and had seen numerous community riots for nothing. Always its the " INNOCENTS " who gets suffered. These things gets created for nothing. With no reasons. When mob gets angry its gets impossible to control them. Government should have definite guts to control.

But being in Indian you know how much guts the Government has. Be it any party.

I supported Modi for the development he had brought to Gujarat. Look at the development in Gujarat before and after Modi.

A person who assists in the murder of people whom he has taken an oath to protect, cannot be really thinking about the country or for its development. By saying that HE is responsible for the development is clearly under estimating the capabilities of the gujrati people. The gujratis and rajasthanis are leaders in creating wealth and they did that for thousands of years successfully with world's envy before this ugly Indian came into picture. With your logic fodder eating Lalu is the smartest politician ever born....remember his $20Billion revenue he is bringing in from railways....never heard of from any sector...leave alone the ever losing railways...the only thing lalu can be given credit for is...not stopping the elite civil services managing directors and the academia (IIM, ISB) from doing their work...which they have been trying to for several decades....so I dont think the theory is right that one person (call him black spot of India) had done something....when each individual in the state is born with the blood which carries enterpreneurship.....kudos to all gujaratis....

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illusions

05-11 04:34 PM

Kodi,

From the bottom of your heart can you tell the forum that there was no discrimination against Tamils in Sri Lanka after its independence from Great Britain.

venetian, you could say that the Tamils in SL were just as a much discriminated in SL as the Muslims in India.

There is no such Genocide happening in SL as some claim. As a matter of fact the LTTE ethnically cleansed the Muslims from the NE of the country in the 90's, yet the Muslims in SL didn't bare arms against the LTTE.

Mind you the civil war in SL is against the LTTE, not the Tamils.

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_TrueFacts

09-04 01:31 PM

Breddy2000 and dealsnet,

I hope you guys don�t owe anything to YSR!.

If you love YSR, that�s your business. As much as you love, facts are facts and YSR being CM for 5 years is the biggest loss to AP and people of AP.

Also, it�s a curse that India and Indians are paying to have had congress rule India for 60 years.

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California Gold Rush 2

hydboy77

09-23 07:35 PM

Unfortunately we will have to wait until march and not december to find out if DOS is doing quarterly spillover because EB2 row already has more than 7000 pending 485, every quarter there are about 10000 Eb 2 visas, so technically there are already enough EB2 row 485 applications to use up the first quarter numbers.

offcourse there are only 4000 pending eb1 485 applications and assuming not more than a 1000 new eb1 applications are added to the list there would be 5000 visas that could be spilled over into eb2, the problem is we dont know
1. If DOS will do spillover every quarter
2. if by miracle they do spillover will it only in there respective categories i.e Eb2 row to to eb2 india\china, or accross categories eb1-row to Eb2 row to Eb2 India\china

These questions can only be answered by DOS. Hope DOS looks at what USCIS did and comes out with a Q&A of there own which explains if they are going to do a spillover every quarter or not. If not we will still be speculating to no end. Do we have to file another FOIA request to DOS to find out if they are going to do a spillover every quarter? I hope DOL also published a report every quarter like USCUS which contains the numnber of perm applications pending by month, year and country



I completely agree with this. USCIS has better date than prior years. PD for October is Jan 2005,the numbers available for first quarter is 750 (approx) and around 700 I485s are in Jan 2005. We will know in Dec whether quarterly spill happens or not.

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dks

10-04 08:12 AM

Desi companies are to blame but not always.

This is a common practice in big companies. Guess which companies have got the most number of LC's to substitute. It is some of the big software and consulting firms. Myself being a part of one such company have seen a lot of my co-workers use it to get their GC. I will admit though that in big companies it is used after one of the following has happened:

1> You have been stuck in LC stage for a long time.
2> The initial original LC got messed up due to lawyer or company negligence.
3> The I-140 stage got messed up due to lawyer or company negligence.
4> You are an old employee but did not somehow start your GC process till you only had a year or less remaining on your H-1.


Unfortunately for me, none of the above has happened so the company will not use LC substitution for me. But it is a common practice.

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hiralal

06-12 08:16 AM

You are contradicting yourself in your arguments. One one side you say you are highly skilled on the other you say you are worried about depressing wages for citizens like YOU. If you were so competitive, why would you worry about competition.

If farmer grassley's bill passes through, you are the one who is going to lose your job (if you are still working at MSFT). Balmer has already threatened to move the jobs out of the country if Mr Change goes along with his protectionist policy.

http://immigrationvoice.org/forum/showpost.php?p=345899&postcount=1

BTW none of us on this forum favors outsourcing. Whether you like it or not, nobody can prevent outsourcing. Even if corn farmer's bill survives, outsourcing will go on. If you are looking for job security, you need to change what you do for living. This applies to all of us on this forum as well.

Could the unions stop the shifting of manufacturing jobs to China. You are living in the capitalist capital of the world. Don't think companies will help you cling to your job just because you want them to.

BTW you claim only 20% of H1Bs are genuine. How did you arrive at this figure. Have you interviewed each and every candidate who received H1Bs ?

You seem to be echoing anti-immigrant's concerns. Antis also complain that MSFT product quality has been going down since they started hiring H1Bs. I guess they were complaining about people like you.
guys / friends / fellow members ..LET US NOT LOSE FOCUS !!!
why are we debating the past ..we cannot change anything .. these things (misuse, fraud etc) are part of life and it happens everywhere ...it is not in our hands ..hopefully these guys who do fraud will suffer in some other way (for e.g ..many bought homes at higher prices etc).
let us focus on some sort of campaigns instead of debating (mr dilip in this case) ..believe me ..he will keep on debating and wasting our time

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amsgc

07-04 01:03 PM

gc_check,

If I cannot apply within the next one year, do you agree that I will have to spend again on:
- Lawyer fees for form preparation and accounting of changes in laws= $2000
- Medical examinations And Immunization costs = $300 (many docs dont' take insurance, they didn't in my area) * 2 = $600
- Photographs = $25* 2 = $50
- Courrier services, photocopying, printing, long distance calls = $200

So, once again, I am looking at spending: $2850. This money that I/employer spent last month is GONE. Who is responsible now? That's all i wanted to point out. When I said double, I meant spending $2850 twice, and also adjust for inflation. The above costs do not include USCIS filing fee.

To calculate the money that has gone down the drain, just multiply that by say 50000 applicants who will not be able to apply within 1 year. That's well over $100 million. This is not a small amount, one could start a pretty good size company that can effciently go through the backlogs.

>> This is money that has gone down the drain.
None of the FEES has been accepted by USCIS as they even did not accept the petition. So the fees cannot be calculated.

>>So in the end, you may end up spending more than twice the amount of money, and more in application fees.
Yes, the fees gets revised start July 30. But you need NOT pay again and again to extend EAD/AP, if requried. Need to calculate the difference. Also not sure if the Attorney's would charge twice as they have to resubmit the paper with little or no modification.

Money lost will be the amount spent on Medical Examination (In my case $550, as I ended up with a doctor of my choice out side my medical insurance network), So even if my conpany can reimburse, I cannot... Also per my attorney Medical Examination Reports are valid for a year, If we apply within a year, this is also not lost. If someone or his family has to rush back to USA, to file AOS, then the amount spent are waste. Loss of vacation and money.

My point is not to discourage any one, but when we wirte to media, folks will investigate all before they publish to main stream. We need to be fair and should provide the correct information, else we might loose the coverage.

We need to highlight the expenses occured and stress this has caused to many many people.

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gc_wow

08-15 10:29 PM

Bollywood should first pay taxes, none of these icons, pay taxes legimately in India, remember them dancing in the partys of mafia, which is tied to terrorists, I think the agent did a great job in nabbing this guy. The VVIP mentality should end in India. Stupid illeterate politicians are over playing this, Ambika Soni should do what she is supossed to do in her office.

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sampath

04-29 12:22 AM

Can you anyone tell what the lines highlighted below in blue means ?

************************************************** ******

RIN: 1205-AB42 Agenda Cycle: 200610

Title: Labor Certification for the Permanent Employment of Aliens in the United States; Reducing the Incentives and Opportunities for Fraud and Abuse and Enhancing Program Integrity

Abstract: The Department of Labor proposed changes to reduce the incentives and opportunities for fraud and abuse related to the permanent employment of aliens in the United States. Among other key changes, the Department is eliminating the current practice of allowing the substitution of alien beneficiaries on applications and approved labor certifications. DOL proposed to further reduce the likelihood of the submission of fraudulent applications for the permanent employment of aliens in the United States by proposing a 45-day deadline for employers to file approved permanent labor certifications in support of a petition with the Department of Homeland Security. The Final Rule expressly prohibits the sale, barter, or purchase of permanent labor certifications or applications, as well as related payments. The proposed rule also addresses enforcement mechanisms to protect program integrity, including debarment with appeal rights. These amendments would apply to employers using both the Application for Alien Employment Certification (Form ETA 750) or the Application for Permanent Employment Certification (Form ETA 9089).

************************************************** *******
i got the above info from the OMB website below -

http://www.reginfo.gov/public/do/eoViewRule?ruleID=269657

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alisa

02-13 08:28 PM

I don't think there is much I disagree with you. You are right about most things. Especiallly, that it is not an exact science. A lot depends upon how many applicants there are, and how many numbers are increased, and how much the country limits are increased by.

I also don't think that the country limits will go away totally. They will probably just increase them. But you never know. Espeically, because at some point, they will go to the point system, and then who knows whats going to happen to us.

Also, its not that I am concerned about what is GOOD JUST FOR ME. (BTW, its not just me, its about a third of IV) I am more worried about what is bad for me.


Again, there are no guarantees which of the 3 will get passed or accepted. 1 & 2 benefit you more than 3. Will be combined effect of those be more than enough to offset 3 (which I doubt will ever happen since that will require a change in law) is up to anyone's imagination.

Will you stop supporting IV which is trying to improve ALL legal immigrants prospects of getting a green card because one item on their agenda MAY DO more harm to you than good is your prerogative.

However, IMHO saying that 3 hurts you and hence you will not support IV is the same as those people who in July were crying because everyone was getting to file 485s and hence would lengthen the GC processing queue. I was in fact not benefiting too much from that but I supported it since having been in the queue for long enough I know how painful it is.

Like lot of other people on this forum said, try to rise above what is GOOD FOR ME and I will only support IV if it does ONLY that. Someday there might be a law that affects you more than the majority and you will need the all legal immigrants voice to help you out.

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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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fairman

08-15 10:47 PM

I believe visitors get finger printed and photographed . Isn't that in the system ?
If they felt suspicious on this 'khan' they should have pulled the records from computer .
Dealing with USCIS ( and the service center Information Officers ) , they are either arrogrant or idiots. They also hate computers.

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rajsenthil

05-02 07:10 AM

There are few people here trying to mislead the biggest problem. When the Indians support SL Tamils, it is not just ethnic affinity, it is also based on our country's own interest. If India could not handle a country like SL, then what else we can do. I dont like the way India handling this situation, completely ignoring the deaths of thousands of innocent people. Even today, there was bombing on the hospital. It has become common now to bomb schools and hospitals and trying to justify that.

I still find it hard to equate a person death > tens of 1000's of innocent people death.
But still wanting for more deaths. India should step in and stop this genocide. It is shame on us to turn our face and watching it.

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krishna.ahd

02-14 04:11 PM

Hi Unitednations
I am reading your current and past posts recently.
Seems like you have enough information ( may be insider info also) regarding Retro and Gc process.
What is the practical solution short term and long term , Not what we like to have , i am looking for what should be ??
Out of Goal from IV , what is practically achievable ??

Thanks in advance for your comments

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newbee7

07-03 07:02 PM

http://www.cnn.com/exchange/ireports/topics/forms/breaking.news.html

I provided the link to Sen. Lofgren's website
http://lofgren.house.gov/PRArticle.aspx?NewsID=1808

and to Siskind blog calling this a scandal.

http://blogs.ilw.com/gregsiskind/2007/07/full-blown-scan.html

Please do the same. Too many request will get us noticed and can result in a larger story.

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