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  • lazycis
    12-13 05:41 PM
    I've got some experience with the court system and I think the whole discussion is pointless. To invalidate the law, it should be in conflict with the constitution. What article of the consitution conflicts with per-country limits for EB GC? If anything, quota is equally divided between countries, so there is no discrimination. To get a GC is not a right and never will be. End of story.





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  • sumagiri
    07-25 11:00 AM
    What you say can certainly happen, but I beleive that the pressure on USCIS is exponentially greater after last summer. People are watching their every step very closely. They got away with their inefficiency in prior years because the bottleneck was not USCIS - it was DOL that took a zillion years to clear labor petitions. Additionally the visa recapture of 2000 ensured no retrogression until 2005. Even after 2005 there were very few 485's to approve because of a) very low perm applications/approvals in 2005 and early 2006 and b) all the 2003/2004 labors were stuck in BEC's and were approved only in late 2006 or early 2007 (like your truly - mine was actually an RIR but the BEC classified it as Traditional Recruitment and began recruiting for the position - but thats another story).
    Net net; USCIS inefficiency was masked under DOL's backlog - but now their transgressions are out in the open and they cant hide anymore behind DOL especially after last summer.

    As much as Ron Gotcher has been accurate in the past, I think he is missing the point this time. At an ulterior level he needs to show USCIS in poor light because he only recommends CP for his clients. If I were his client and I hear him say that this year USCIS is different then I am bound to switch over from CP to AOS!

    I know. That is what I am exactly saying. All our calculations will be true when USCIS works efficiently for this year and continues to do so. And we all are hoping for that.





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  • ksrk
    09-15 02:47 AM
    Assuming 3k spillover from (EB1/EB4/EB5 to EB2) => EB2 will get 13K visa
    EB2 ROW uses 7K (700 India, 700 China, +5k others) - there are 6K visa to allocated by Dec 2009 and 12K by March 2010 which will be given to EB2-India.

    BEC LCA applicants in 2005 estimate (EB2 India) = 2000 => 4400
    PERM applicants in 2005 (7276 of this 40% are Indian and 60% from EB2 ) -> 1750 LCA
    1100 LCA => 3850 GC

    Total pending I-485 in 2005 (EB2 India) ~ 8000

    This would mean PD will cross 2005 in next 2 quarters. I have pesimetic estimates so it will not surprise me it the dates move more rapidly.

    ...a question, though, about how the spillover is assigned back to over-subscribed countries (India and China) - does that happen in the fourth quarter of the fiscal year (lately in the last month or two) or does it happen each quarter? Looks like your analysis assumes it happens each quarter...





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  • Rohan99
    07-22 11:55 AM
    Smile - I can prove this is a relevant topic ..how..

    Some of these jokers (Quikstar..Amway) have filed GC in EB2 and Eb3 which is illegal, someday states Like Arizona will declare that anyone looking like us should be checked for Amway membership and deported

    Profiling is an issue and because of some jokers we all may have to go thru scrutiny.

    We should ask USCIS to check all GC applicants name in Amway database and if found USCIS needs to send them to Mexico (because illegal)..

    We should write to senators... your opinion on this? ( this way Indiancommunity can be clean and fight for legal hardworking people in immigration policy)



    Please for GOD SAKE understand that this is an immigration Portal.
    Not a fish market where we can discuss the prices of item at different stores.

    Please stop this Admin



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  • Picasa
    07-30 02:15 PM
    Are you a Amway leech too?
    Here is a definition of Amway (and psaxena)
    An organism that lives in or on and takes its nourishment from another organism. A Amway leech(and psaxena)cannot live independently.

    Amway (and psaxena) diseases include infections by protozoa, helminths, and arthropods

    Wait a min , how much had you?? Your status is Member and Kaushal's is a Donor.. wait a min let me think who is donating and who is a FREELOADER here.

    The guy is doing something to make his life better, atleast making an attempt to do something better, why do you losers are trying to demotivate and shoot him down.

    No work is small or big , good or bad , work is work.. you wanna do it , just do it , else walk to out. Do not exhibit the desi attitude "I won't do it as what someone will say and also do not let any one else do it." Grow up.





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  • STAmisha
    08-28 06:53 AM
    I went through www.canadavisa.com . they are good

    BTW, Jobs in Canada requires local licenses etc. So you better checkout.

    But once you weather through those stomrs, Canada is one of the best places in terms of oppurtunities and quality of life ( except cold weather):)



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  • Legal
    07-25 02:08 PM
    A question about the FB spillover: according to your data, there are about 30000 FB visa spillover from last year. But does USCIS have to use up all of them? If the answer is yes, then the September VB will very likely be current. If the USCIS only need to use up the 147000 EB and use whatever portion of the FB spillover, then September VB may not move.


    They can waste numbers and come up with excuses. But because of criticism from Ombudsman, Congress, etc it looks like they are trying to shape up. They can adjudicate 30 k petitions are more in 2 months if they are committed to. We could get an idea, if there is a deluge of approvals in the first half of August.





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  • PlainSpeak
    01-14 04:12 PM
    plainspeak,

    i know a thing or two about this eb related immigration. i agree people should not suffer for years together to get a perm. res card, and that too, people who may have been in the line ahead of others.

    however, i dont think it is just not being ahead that creates this spill over thing. unused visas first go to eb1, then to eb2 and then to eb3. i think, that is correct. now, my view about this categorization is that, eb1 -- outstanding people, eb2 -- better qualified, eb 3 -- skilled but not qualified in terms of degree or experience, whatever. (pls understand, i am not degrading eb3 people, i have loads of very close friends in eb3 who are extremely intelligent and i can tell you, can easily compete with the eb2 guz, as far as knowledge etc goes).

    but, there is a reason for this division and just for that reason, visas have to go thru eb2 before eb 3. if that is not the case, they wont put people who go for NIW in eb2, it wud have been in eb 3 or a completely separate category.

    u did mention to someone that u dont want to convert to eb2 or something in those lines, but i believe everyone should try to get to eb 2 (get masters, or after getting the experience), there is nothing wrong in doing so. (if u feel that i shud not be giving u advice, then just ignore the above few lines)

    i believe some of things people pointed out like visa recapture, not counting the dependents etc are the kind of things where IV should focus energies. this is good for all immigrants

    bottomline: i believe it is wrong to distribute remaining visa no.s to eb3 category before servicing eb 2, becoz i thought, the categories were specifically created to prioritize.

    and please, bear in mind, i am not saying this coz i am eb2. i thought logically that was correct. and, i do easily qualify for eb 1 as well. just did not care abt a gc. i dont care abt it even now. my thinking: if it happens, good, if not, i dont care, i can always go back home-jai hind.
    Mr Syendu after replying to all abusers my mind has pretty much been fogged up. Contrary to oipinion i am also working while blogging so there is the added pressure.

    So now having read through your post (I appreciate no abuses) i get the jist of what you are saying so forgive me if i do not reply line by line so here is my answer

    EB1/EB2/EB3 rule was never disputed by me. That is law and will never chaange. i dont like it but i will go with what is the law.

    Yes i will NOT convert to EB2 because i have already spent time and energy for the first GC app. (In case any abuser is wondering the gc was paid by company so it is not the lack of funds or lack of companies willing to file for EB2 for me which is stopping me). Sure people are converting and all the best to them, but my point is what about people who cannot convert. Maybe someone has got 2 kids and single earner and he does not have the time or money to do a masters. Maybe some one is so tired working a job which is busting his or her ass off and has no energy to do that. If we think about it there are a whole lot of reasons why a person cannot do a masters. And to that complexities there are very few companies which are willing to sponser EB2 nowadays

    So my plain speak is that just because every member in IV has a masters and is in EB2 or can do masters and convert from EB3 to EB2 does not mean that the majority of people out there can do the same so IV members giving advises like below ar enot only impracticle but also broder on hig handedness. Their contention is that we did it why can you not. If you cannot you must be a low skilled person who has scrapped through into the country and deserves to wait a long time for a visa.

    Please remember that EB2 or EB3 is not a straighjacket and theri are people in both the groups who do not belong there and belong in the other group


    Just for information i do have a masters

    Visa recapture and not counting the dependents will help the immigration community only if it happens. I see nothing on the horizon which says that it will happen. As another iV member pointed out no immigration friendly bill has come for debate in the last 4 years and that is with a democratic majority which is immigration friendly as some IV members like to point out. So with such a situation piece meal efforts must be made but piece meal efforst should be directed to the heavily retorgressed community because teh big bills if and hwne they happen will fololow teh regular rule anyway

    And finally i would like to say you have been most polite and respectfull and i am honoured to discuss thiongs with you

    JAI HIND



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  • freedom_fighter
    09-03 02:10 PM
    pls keep your social discussions away from this website. I think its a waste of resource to having this thread exist in the first place.





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  • PlainSpeak
    01-14 12:38 PM
    PlainSpeak - instead of spending so much time on responding to everyone's criticism of you, why dont you go ahead and detail out the "how" of "what" you think IV should do.

    Maybe there is a gap in the understanding of all the posters here in terms of "how" all what you have said will pan out.

    Please be specific around who, when, to whom and using what means can the "what" of your proposition be accomplished. And while you are at it, it will also be useful to lay out how and which of the activities you could personally be of help (by devoting time/ money/ energy/ All/ Some Combination).

    For all you know, it might open the eyes of a lot of people here.
    PlainSpeak - instead of spending so much time on responding to everyone's criticism of you, why dont you go ahead and detail out the "how" of "what" you think IV should do.
    My friend if all you abusive people wil stop criticing and providing abusive comments then we can start on teh actual work. I am not going to jump through hoops just because you have asked me to. First let me see whether the attitude of the people out here (Yes i mean you abusive people) will change becasue without doing that if i start on the implementing what i am talkinbg about all you guys will do is sabotage the talk

    Maybe there is a gap in the understanding of all the posters here in terms of "how" all what you have said will pan out.
    This is a forum right. How what where and when will have to be discussed and worked out (And yes i do not want any credit for it so name it GCHope2001's grand idea for all i care), but ....
    If everyone is against the plan from the start (and being vocally abusive about it) how do you think anything will move forward on this

    Please be specific around who, when, to whom and using what means can the "what" of your proposition be accomplished. And while you are at it, it will also be useful to lay out how and which of the activities you could personally be of help (by devoting time/ money/ energy/ All/ Some Combination).
    Only if i think at least 25 % of all you senior abusive member even agree in principle with what is being proposed. Heck my idea is for releif for EB retrogressed persons and all i get from all you senior memebers and donors is oh he is lazy skill less eb3 and he is doing it to get his creen card and other comments and everyone is all about lets bash this person and oh wow she is a gal so lets do some crude women joke (There was a guy ealier who talked about proper up bringing. I do not see you here any more)

    And yes my friends please use this as an oppurtunity to start off a new discussion about how he needs help. My friends everyone needs help. Even you. Even core

    For all you know, it might open the eyes of a lot of people here. How can some one open up the eyes of the people who bent on keeping it closed. First is there a concensus on this. I do not see any. Any you want me to stand up ubn front of all these people batying for blood and give a detail idea of ho wi wil accomplish. I do not talk to people like that why would i talk about any plan to those who do not agree with even discussing it forget about implementing it



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  • snthampi
    08-02 04:32 PM
    intresting 2 anway guys on the forum are always providing negative to my posts taking me to RED, to those giuys you suck, and will always suck! keep roaming in Walmart/Great Malls when u can use hte time to spend it with your family.

    Sure, they are reading this thread silently and will try to develop some new strategy to target their new bakras. There is difference between trying to have a better life for your family and running behind money! These people are just running behind money that doesn't exist, in my opinion.





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  • geve
    11-09 09:17 AM
    You are right my friend. In fact you explained every thing. Your concerns are valid. However as you said you are overreacting. In other words you are stretching your strengths.

    You said 4 of them are your friends. By giving complaint on company i do not know what is the outcome. Can also effect the approved GC candidates.

    There is fine line between DHARMAM AND NYAYAM. Personnally i do not think they did wrong. Neither the company nor the candidates. They just used the available system.

    We can argue or put our opinion to the law makers. One of my friend who came along with me on the same flight, same day from india throught same company can apply for citizenship next year.

    where as me

    EB3 -- May 2003
    I-140 approved Mar 2006

    We are all on same page. Forget about what happened to others. Think what we can do? I am not trying to teach, just trying to coll you down.



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  • conchshell
    07-26 06:31 PM
    One important point that we seem to be missing is that there are about 50,000 Indian STUDENTS (like yours truly) who come to the US each year. Most of them are grad students and invariably all of them apply for EB based GC......think about it : 50,000 students each year and even if you assume half apply for GC - that makes it 100,000 PRIMARY GC applicantions from India alone over a four year period - staggering number........

    However, these students are not completely exempted from the H1B quota for each year. Whatever, if PERM filing in year 2008 has witnessed 46% drop since 2007 ... it tells us a lot.





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  • thomachan72
    01-14 08:52 AM
    Is AILA doing anything about it? Do they need IV member support? How do we make it clear to the USCIS and Govt that targetting H1b and the free will of the employer to hire H1b is PURE SOCIALISM and anti-capitalism. It is a sure way of destroying the capitalistic engine that is keeping the US ahead. Is US becoming a restrictive economy like China? China is moving slowly but surely out of its old ways and becoming more and more open to capitalistic policies and we are finding the US slipping slowly but surely into protectionism and more socialistic principles.
    How can you protect jobs here by taking away the job of another person??
    The person was hired in the first place due to a lot of economic reasons that only a capitalist would know/understand. Simply by snatching the job away from one person and attempting to give to another WILL NOT HELP.
    This reactive response to unemployment will destroy whatever industry is left here. Even research is now being outsourced. Biotech/research triangles are springing up in china and India and elsewhere. Major US universities are now collaborating or setting up independent shops in India and china. Ofcourse Japan and europe is not at all behind. Where is the US left now? CRYING CRYING ABOUT H1B VISAS???? IS IMMIGRATION IS REAL CAUSE OF UNEMPLOYMENT HERE???????
    FINALLY ONE THING I HAVE REALIZED "WHAT IS DESTINED TO HAPPEN WILL HAPPEN".



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  • snathan
    08-16 05:58 PM
    SK2006 and snathan:

    I do not agree.

    First, there is no "profiling" in India. Everyone gets frisked and security at airports in India is top class. Problem with US is "only select" people get frisked most often based on their skin color or names. This is a fact. I am a frequent flyer consultant , I have observed this many many times.

    Second, Indians are doing what they are supposed to do. first, they show respect to dignitaries by not frisking or not stripping robert gates, george clooney or bill clinton or any other dignitary from any other country. Americans are not doing what they are supposed to do.

    When geroge fernandes was stripped , he had a diplomatic passport. Everyone knows he was defence minister and there was a delegation with him. Secondly, abdul kalam was frisked, which I feel is also negligence of Indian authorities not to be assertive.

    So Indians are not doing their job by not being assertive and taking care of its own citizens. and not pressing for their own rights,

    I do not feel so bad about Shahrukh, although I think it is profiling, as I do for fernandez and kalam.

    This is nothing but profiling and some stupid hot headed mentality. Let there be frisking of americans and stripping of them at Indian airports. Will americans accept it? If not why should Indians not make noise about it?
    Rules are rules, provided they apply equally to americans and Indians. otherwise its profiling or discrimination.


    My point is Indians do not have the balls to do it. Forget americans....they can not even touch an indian MP. Every day lots common people going through this security check. Whats so special about SRK. He is king only in his mind/heart. For lot of people he is crap. No special treatment. Whats the big deal if he is detained for 1 hr. The world is not going to end





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  • ns33
    02-18 02:18 PM
    Did you ask you lawyer? It's so much easier to criticize.
    My immigration lawyer laughed when I asked about a possibility of filing WOM to force action on my stalled I-485. So I proceeded myself. Yes, I did many mistakes but I ultimately prevailed. AILF lawyer and Assistant US Attorney could not believe that an ordinary programmer can write quality legal briefs and challenge the government. Some of my friends did not bother with WOM and are still waiting while others followed and received green cards. If you think outside of the box, you can achieve something others could not.

    Not sure if this was answered earlier... however, since this is employment based immigration and every step of the way we've needed to have our employer's approval/sponsorship to do anything; can 485 beneficiary be a plaintiff in such case without their employer's consent? especially if employer is one the the major corps.? how realistic it is to assume that a major corporation. would like one of their H1-B lead class action against USCIS?



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  • samay
    07-14 06:13 AM
    I have applied for 485 last year and I already have I-140 approved so I meet the criteria for AC21.

    My question is that I have not applied for EAD and I am still on H1 with same employer. In case I lose job will I be considered out of status immediately for the reason that I am not using EAD. As I understand being on EAD allows some flexibility in gap in employment until the time of approval of 485 application.

    I suggest you apply for your EAD as soon as you can. It allows you a lot more flexibility and also helps with other issues such as the drivers license.





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  • PlainSpeak
    01-14 11:19 AM
    I love this thread. Plainspeak is a worthless guy with worthless opinion entertaining all of us with silly thread and responding to everyone. Dude did you get some problem in life and have so much time to write? If you really want something you could have done something till now.

    You do not even want to meet any lawmaker. You believe in watching CSpan and lawyers lobby for you. Go and contact CSpan and lawyers to help you. Why are you here?
    You do not even want to meet any lawmaker. No i donot want to meet any law maker especially representing IV because i do not beleive what IV proposes (and which i have to rep[eate to teh law maker) is doing is going to do good to my personal case of GC (and yes if you want to call me selfish go ahead but remember eveyrone here is becasue they want to do something about thier personal GC case so everyone is selfish)

    You believe in watching CSpan and lawyers lobby for you. Go and contact CSpan and lawyers to help you. Yes i believe in watching CSpan and lawyers lobby becasue that gives me an understanding as to what direction a bill is taking or for that matter what is the hope iof a immigration provision in a specific bill. Of course i do not come into teh forum and start a thread and give a minute bny minute uopdate of cspan like some memebers do.

    Why are you here? I am here because any thing which impacts my GC case impacts me and i am here to ensure that





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  • gcformeornot
    01-13 08:55 PM
    Can USCIS face legal challenges on this? It was just a memo, no law has been changed by the Government; the laws are just the same they were when they let it about a million people or so through these IT consulting companies.

    Now they go back and say that was a misinterpretation of existing laws :eek:
    don't you think. AC21 (the famous Yates Memo) is also a memo. People expect USCIS to follow it though.... :o





    sumagiri
    10-07 04:47 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

    Sachug, it is a great attempt to compare the quarterly and annual spill overs. I made rough calculations couple of weeks ago with annual spill over. However, I assumed around 25K ROW visas(both pending and new) for EB2. And assumed only aroudn 125K for AOS keeping 15K for CP. I will compile all of my assumptions and post here. Overall, my calcs estimated EB2 move to Dec 2006. By the way, I hope you took China in to consideration for spill over.





    olivetheoil
    02-13 10:13 PM
    Count me in!



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