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  • manderson
    02-12 04:35 PM
    actually Philippines has it's own category in the Visa Bulletin. So technically it's not part of ROW. But practically speaking EB3 ROW dates and Philippines EB3 (previously Schedule A Nurses) are usually very close...

    ROW = Rest of the World. It refers to countries other than India, China, Mexico, and I believe Philippines.





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  • gcfriend65
    06-26 01:53 PM
    The assessment is correct. The Visa Bulletin is published by the 15th. of every month by DOS. So, by July 15, whatever number of applications, USCIS receives, they have to count them and send the numbers to DOS. DOS then have to do their math and come up with August 2007 numbers, but August 2007 Visa Bulletin has to be published by July 15. Therefore, they mentioned as a footnote in the Visa Bulletin that DOS will retrogress numbers in September 2007. I again quote below:


    E. EMPLOYMENT-BASED VISA AVAILABILITY DURING THE COMING MONTHS

    All Employment Preference categories except for Third �Other Workers� have been made �Current� for July. This has been done in an effort to generate increased demand by Citizenship and Immigration Services (CIS) for adjustment of status cases, and to maximize number use under the annual numerical limit. However, all readers should be alert to the possibility that not all Employment preferences will remain Current for the remainder of the fiscal year. Should the rate of demand for numbers be very heavy in the coming months, it could become necessary to retrogress some cut-off dates for September, most likely for China-mainland born and India, but also possibly for Mexico and Philippines. Severe cut-off date retrogressions are likely to occur early in FY-2008.

    Reference:DOS website.

    I agree with you. To bring the dates back USCIS would have to accept application for atleast next 2 weeks. Then, they will have to open and count all the application based on country. After that, they will calculate Aug/mid-July retrogression date. It does not sound like they will do it in mid-july, but for august they can do whatever they want in their visa bulletien.

    This is jusy my assessment. I didn't get this from anywhere.





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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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  • PlainSpeak
    01-13 03:42 PM
    If I were on smoke, coffee or dope or anything else, I would be posting messages of the type you are :).

    Its good to see the tone of your messages seems to have changed from shrieking at all EB3 to fight against EB2 to something a little less absurd.

    Good Luck To You.
    If i remeber correcttly it was all you IV guys (Mostly EB2 and some EB3 too) who were doing all the
    sheriking and teqaring of hair and other stuff.

    To talk like me you donto need to be on smoke, coffee or dope or anything else. All you need is respect for others point of view and courage to stand up for what you beleive and not be intimated by bullies

    My tone was always the same (Albiet i used some strong words in between but that is my fault not yours) and my messages have been the same. If you think about it all you guys who were seeing my messages are now seeing them again and maybe just maybe undwerstanding the intent if not agrreing with me. Which is ok. You cannot win them all.....

    Good Luck To You TOO.



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  • acecupid
    06-28 07:25 PM
    I got very stable news that only July 485 applications will get approved

    Whats the basis of your statement ? Source of info ?





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  • pointlesswait
    06-02 01:17 AM
    country quota is not racial discrimination...u must be a fool to say that.

    To change the country quota..they have to change the whole philosophy of immigration in this country... Equal opportunity for all...

    Its absurd to try to change the country quota..we must try for recapture..instead..



    I do not agree ,
    They should not deduct SS/Medicare taxes, If i am not eligible for it.

    So basically you pay for a CAR , and you dont get the delivery.. What do you do??

    We have been trying for the recapture. And i see no success, or even close to sucess.
    A good lawyer, can prove that the country quota is a racial discrimination or is unconstiitutional.

    I may be wrong , and this is just my opinion.



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  • maddipati1
    02-13 12:11 PM
    its been a while i read the forums..

    well... well !! chandubhai finally cooled down and talking wisdom :-)


    Thanks for all your wonderful help to the community - people like you inspire others.

    Please do not misunderstand my response to your earlier post, I was in no way pointing fingers at you but was trying to clear common misconception that IV must not be looked at like a software company doing good or bad at shares.

    Once again, I respect people's space - it will be great if all of us come together and make this a success





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  • vikki76
    01-13 05:38 PM
    IV Core and Administrators

    1. AOS applicants using EAD are presently unaffected (if they do not have H1) by this memo. Could you please inquire from USCIS contacts, in case more similar "guidelines" are being planned for folks using EADs?

    2. Also is something more being planned/announced for AC21's "same or similar" criteria? A while back we had a thread collecting evidences and suggestions from the IV members about its interpretation. Please help provide a status update about the meetings with USCIS, IV core group discussions and plans, etc.

    Thanks for all your efforts.

    Best Wishes for all.
    Will there be a problem at time of 485 adjudication? Like, if USCIS investigates whether there was valid employer-employee relationship through out H1 period..even though this memo is released only now.



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  • villamonte6100
    06-28 11:56 AM
    This is what my very very high profile attorney wrote in her email to me today....

    " We have heard that there will be a visa regression the first week of July "

    And in immigration matters I trust her more than anybody in this whole country. So guys be ready and prepared. Do what u have to do. Be proactive.

    My post is not to spread rumors or scare people but to help them to grab this golden opportunity.

    I am ready to send papers for July 1st.

    Does your attorney cost $400 to $800 an hour. I work with a law firm and our attorneys per hour rates are from $400 up. I don't understand your description of "very very high profile" attorney.





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  • kumjay
    06-27 09:34 AM
    Yeah well. I also heard the rumour that in the next month july bulletin USCIS is going to move the dates forward from Current to Current+2 months = September 2007. This will allow everyone to get greencards in advance and then after they get their greencards they can apply for Labor, I140 and whatever.... :)

    Please stop spreading rumours.

    Dude, USCIS just released a circullar that they have abolished labor certification rule. Now anyone can file for Adjustment of Status and that includes illigals. Actually Lou Dobbs on CNN discussed this yesterday and he sounded very happy about it. The very first Green Card that this new rule issues will be duly signed by Lou Dobbs and he will come to your house in his car to deliver it......Can I get the award for best rumor now?



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  • BharatPremi
    12-14 04:01 PM
    To summarize the discussions on this thread:

    Yes, it is 7 % for all countries.

    Now it is manifestly obvious that the 7 % figure is arbitrary, and not fair. That much we can all agree on.

    The real question, as raised in the first post of the thread by soljabhai is:

    (A) Is that constitutional?
    (B) (And this is the real question): If it is, what should we do about it?

    Intelligent questions, both.
    The answer to (A) is not clear. We need a competent constitutional expert to opine on the matter.
    For (B), (which is what the thread is really all about), there are lively discussions with differing views.
    lazycis has presented good evidence that the case is not cut and dried legally. It might be unfair, but those are the laws.
    mbartosik, alterego, me and others have argued (from different angles) in terms of pragmatism. (Cost is not worth the benefit)
    garybanz, soljabhai, and others have argued that it is worth it (Cost is worth the benefit).

    Anyway, agree or disagree, its an interesting thread with interesting posts..

    Addition to this:
    --------------
    - "7% limit" is not discriminative to "Any country" AND "Restrictive" especially
    to the countries from where maximum flow of labor comes.
    - When industry demands high number of labor and in the situation of getting majority of this labor from particular
    countries only ,since the available labor force in other countries does not match the demand for one or other reason,
    then this restriction becomes SENSELESS and useless in all its practical terms and limits.
    - "Country of origin based limit" "smells" (In Mark's language..:))
    discriminative when employment always have to be related with "skill" AND
    THAT IS A ETHICAL OR MORAL PROBLEM





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  • rahulpaper
    06-27 01:23 PM
    I am in same boat of HR and company Lawyer (with no control over submission date).
    God willing� soon we will all receive a receipt number for I485. There are some calculated risks which are unavoidable.

    BTW thanks to you and core team for persistently working for EB community.



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  • jayleno
    07-21 06:17 PM
    I'm enjoying this thread more than I enjoyed the predictions one. I'm imagining a qucikstar star reading this thread and smiling to myself. My wife thinks I'm reading a joke on the internet.

    Keep them coming guys.





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  • snathan
    03-30 05:47 PM
    In my opinion MMS may be a nice person and may be a good economist, but it wasn't him who was running the govt. and it will not be him if he comes back again. It is a very common practice in India, a chemist will run a chemist shop but the License is in somebody else's name. Here also same thing happened, you saw Manmohan Singh on PM's chair, but it was somebody else who was running the show, and it is deception & dishonesty to your voters. I always see a "Culprit" in his eyes, which is either hiding something or is guilty. Observe him on TV, he's mostly not making too much eye contact, he know he is guilty of deception....
    He also headed one of the most corrupt & criminal cabinets in the history of India. People like Taslimuddin, Shibu Soren , Jagdish Tytler, Lalu had several criminal cases against them. On the contary you may not personally Like LK Advani, It's not just him who's going to rule the country if he comes to power. It'll be the whole cabinet, most what was during Vajpayee govt. which was much cleaner & much more agressive on developmental issues, they worked on certain agendas, lot of places where you see growth, were actually the good work done by the NDA govt. You may praise Laloo for all the Railway turn around, but the reality is the foundation was layed by then Railway Minister "Nitish Kumar", AI/AI became profitable under "Rajiv Pratap Rudy" . There were people like "Suresh Prabhu", "Yashwant Sinha", "Arun Shourie", all of them did tremendous Jobs in their cabinet.

    Can you tell me how many politician making eye contact in India.



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  • sh2005
    02-12 01:32 PM
    I am a little unclear on all of the retrogression ect. But can someone please explain how EB3 ROW can be retrogressed and not use all of the visa numbers in a year? That doesnt even make sense to me? Would someone please shed some light?

    I have the same question. State dept advances the date just so that the available visas are used up for that category by the end of the fiscal year. If a category is retrogressed, then it can't really be "undersubscribed". Maybe there's more to it than what meets the eye here?

    The following was listed at the bottom of the page in the March VB in state dept's website:

    The cut-off date movement for March in several Employment categories has been greater than those experienced in recent months. Advancement of the cut-off dates at this time should prevent a situation later in the fiscal year where there are large amounts of numbers available but not enough time to use them. If the expected increase in CIS number use materializes, future cut-off date movements could slow or stop.

    In the past, state dept guesstimated the demand for visas and changed the dates accordingly. Now that USCIS has almost everyone's I-485 application (those who were able to file by August 2007), logic would dictate that the state dept calculates these date movements based on feedback from USCIS. But maybe that isn't the case. Does anyone have any insight on this?





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  • Macaca
    07-04 10:25 AM
    Any URLs that make the following (in IV press release) look more believable

    resulting in inconvenience to at least 100,000 skilled professionals waiting to file for "adjustment of status"
    One estimate puts the expenses by applicants over the last two weeks at over $6,000 million in filing fees



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  • unitednations
    02-14 04:00 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..


    I have come across many people in the last few years from all sorts of countries. Russian, Korean, African, British, Brazilian, Colombian, etc,; although everyone wants their greencards yesterday; it appears to me that the indian nationals are the most hungry for it. It is a generalization but I am just speaking from my experience on this.

    How do you know what the "intention" was of the lawmakers that recaptured visas are supposed to go to the retrogressed countries. If that was the case they would have gotten rid of the 7% limitation along with the recapture.

    Most people who come on h-1b are Chines and indian. There was also close to 200,000 visitor visas approved in 2005 from India. Makes sense because there is a lot of population there. However; it would be short sited to think that there are minimal 245i applicants from India. There actually is a very large number of them. The biggest status violators are people who come on visitor visas from non visa waiver countries. The status violators either get greencard through marriage or through 245i.

    Although as a business person I look at skill rather then nationality; I do know enough about immigration that there is a good purpose behind country limits. Foreign nationals will prefer their own people for h-1b; they will look for their friends, cousins, brothers, sisters, wives, relatives, etc. and bring their own country people here. Therefore, it is not an "open market" on skill people from all parts of the world. The country quota is the equalizer because of this.

    The cultural aspect of south asians is also hurting retrogression. Most people who come here on H-1b are out of school and generally single. People from non south asian countries or muslim countries will find their spouse here. However, someone on h-1b from south asian country or muslim country will get arranged marriage after being here for 4 to 6 years and then spouse gets counted against the quota at the expense of a skilled worker who may have had a later date. I a m not saying this is wrong because it is a cultural issue but is confined to certain countries.

    Regarding eb2 and eb3. This is also something that is quite comical. This is an area where immigration law hasn't kept up business practices. Pre H-1b you got greencard upon initial entry into USA. Department of labor rules were that you couldn't use the experience gained by your sponsor. It was never envisioned that people would come here on h-1b and hop/skip between employers. It has caused an end run around what the DOL rules were supposed to be. You shouldn't be able to gain experience in USA and then use that unfair advantage to knock out an american for that job. EB2 and EB3 differentiation would go away if you couldn't use the experience gained in USA. Just about everyone would be in eb3. Anyone who is here on h-1b generally already has or will have 5 years of experience and can go right to eb2.

    People who are working at companies which aren't dominated by immigrants would have a difficult time satisfying themselves that the job requires a bachelors degree plus five years or masters degree. However; if you work at a staffing company you go straight to eb2 because that is what is needed to keep you there (remember, it is supposed to be the minimum requirements for the job). If software engineer or programmer analyst minimum requirement is masters or bachelors plus five then company is saying that is the "minimum" job requirements. However, if it is the "minimum" requirements then how are companies getting people here on h-1b who only have a bachelors degree?

    Although people like to say "immigration system is broken" it can mean two things. From greencard wannabes; it is too much red tape, not friendly enough, etc. From other side it is broken because it is not being used as its intended purpose. You can mark my words that if/when rules are relaxed on h-1b or quota; you will see a whole bunch of enforcement with it. It actually is already happening at the consulates; department of labor and revocations of 140's by companies who are sponsoring too many people.





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  • like_watching_paint_dry
    07-25 10:35 AM
    And what reason might that be? To be born in an insanely ridiculously pathetically gutterish country like India you need to have been a sinner in your previous life.

    Have some respect for your motherland. The country may have its problems and it may be heading for the worse - thanks to our politicians. You can point it out and take actions like emigrate elsewhere. But you dont have to get insultive and abusive of the soil you grew up on. In doing so, you only show the meekness of your character.





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  • gopinathan
    07-28 10:39 AM
    if someone talk to you about this business - next time, simply say you already quit this business once. that should stop them...





    return_to_india
    05-19 10:23 PM
    http://timesofindia.indiatimes.com/India-set-to-counter-Chinas-influence-in-Lanka/articleshow/4553638.cms





    villamonte6100
    12-14 01:15 PM
    What did I do wrong. I'm only commenting. I don't understand why you mentioned the word "polite". Could you quote a section on my replies where you think I am not polite. Please....

    --Grupak, I wasn't talking about the law here. It was villamonte, I was just requesting him to be polite. The thing I agreed about him was that we cannot call country cap quota as discrimination.



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