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  • rajsenthil
    05-02 01:33 PM
    If there's ethnic cleansing or genocide happening in sri lanka how come tamils lead prosperous lives in other parts of the country?

    I do not understand what do you mean by this? Can you explain it?





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  • kaisersose
    02-13 12:07 PM
    I think the US government wanted it this way.

    Back in the 19th century then experienced phases where too many Irish came into the country in waves and then too many Chinese - both of which did not go down well with Americans raising Xenophobia to new levels and causing trouble for the immigrants .

    This is why they decided to get an even mix of people from all countries and prevent a surge of people from any one country. They have no reason not to apply the same logic for the employment category.

    Like an ROW person said on another forum, Indians will find any number of reasons to support removal of country cap, but we can find an equal number of reasons to retain country cap.

    Leaving aside the difference of opinion between Indians and ROWs on this topic, we should also look at which side Americans are inclined to take. Based on History, they would actually side with ROWs on this one.





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  • godbole_sanjaya
    04-20 10:57 AM
    I wud suggest you against your wish.





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  • paskal
    07-17 12:58 PM
    Is it accurate to say that new way of allocating spill over visas effectively acheive same effect as eliminiating country limits?

    this is not correct. ROW continues to get preference.
    what has changed is that for a while USCIS chose to interpret the law in a way that gave EB2 GC numbers (the law mandated 28.6%) to EB3 ROW rather than spill them over the EB2 I/C. now they have corrected that and EB2 numbers (which include any spillover from EB1) are first used in EB2 ie category numbers are given priority.

    so the bonus advantage that EB3 ROW got for 1-2 years has been withdrawn. however with EB3 retrogressed and with EB2 I/C retrogressed, EB3 ROW continues to get all EB3 numbers except the 7% each for the retrogressed nation states.

    i would also like to know where the 20K number is coming from if anyone has a source please share it.



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  • Macaca
    01-17 06:32 PM
    This kind of attitude will not help to acheive your goal.

    Using abusive words will do more harm than any benefit.


    This is open source (http://app.businessweek.com/UserComments/combo_review?action=getComment&productId=45768&reviewId=503132#503132). And this is their ghetto.

    Will post more urls here if I get time.





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  • swo
    07-13 02:51 AM
    I spent over 20 years in Canada. Fact is, I never EVER waited a month to see a doctor. Not once. Nor has my sister who is still there.

    I spent 7 years in Australia. Never had a problem getting a doctor there either. In fact, I will say that it truly is AWESOME there. Great people, great opporunities, good money, incredible lifestyle.

    I have spent 7 years in the US. It's a wonderful place with heaps of opportunity. The cost of living is higher than any other place but I accept it because because I like so much about living here. I like the people, I like the weather. I like the countryside and the culture.

    You see, for me, there are many great things to be found in all 3 of these places. It's not a contest. There are good and bad aspects to life in any place you chose. In that one area, I agree with you. There are pros and cons that need to be considered. What you choose is a personal decision based on your needs, objectives and desires.

    It's that simple.

    One last thing. Normally, I'd let this go. After all not everyone's first language is English. But when you start making ludicrous remarks about "illiterate Canadians", and demonstrate in that very same post that you are unable to construct a single decent sentence, well frankly, you're undermining your argument a little.

    And by the way, Canada has one of the top literacy rates in the world.

    And Do you (canadian wanna be) have any clue that to get respected salary and position you will be forced by illiterate Canadians to have "Professional Engineering Certificates"... It will suck blood out of your body for 5 years... So just do not read "Greener Side" of Canadian Immigration... I know it may not be applicable to all but more or less most of will have to face the same music in their careers. My all Canadian friends and relatives want to be Americans.. Only some of them practically could proceed for that.. After some stage of life it becomes hard to move families.. That is the reason they are facing now to take decision and simultaneously do not want to live in Canada anymore.. If you have 101 fever it will take 1 month to have Doctor's appointment... GST.. Higher taxes.. statistically there are chances "Most of members of this forum - Canadian Wanna Be" will have less promotions and/or increments in salary eventhough they will find themselves most skilled wherever they will work. Top posts would be the dream for most of you guys unless you start your own business.. if you understand what I am trying to tell... In USA it is not that way.... Having said this I can not say that everybody will experience the same what I am trying to portray but most fo them will.



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  • maddipati1
    10-02 03:27 PM
    im surprises why this is not already a part of this proposal!

    its a simple logic to include those who already bought a house.

    great idea nixtor.

    aps, no one keeps their money in bank as cash. everyone must have invested somewhere else. they should bring it back. thats the idea here. if u don't like the idea why not you keep out of this.


    Current homeowners who are waiting for their GC MUST also be exempted from cap. This clause has to be there. Without having any gurantee of getting GC these folks have invested their savings in buying home even when the prices were high, WHY because they had real intent of making US their permanent home. So these people should too be exempted from EB cap.





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  • logiclife
    06-27 07:15 PM
    According to the AILA, approximately 40,000 visas remain in all employment-based categories, other than EW, for FY2007, according to its sources, and that the USCIS has far more than 40,000 adjustment applications in the backlog queue that are ready for approval, not to mention the additional numbers which will be consumed in concular immigrant visa processing. It is thus possible that the cap may reach within a short period in July, even though no one can predict it until after July 2, 2007. The USCIS at this time does not have any policy announced with reference to July 2007 I-485 filings which are filed after certain date in July when the total number is exhausted. However, considering the fact that the USCIS currently rejects the "Other Worker" category I-485 applications even though June 2007 Visa Bulletin show current for certain applicants because the "other worker" category quota was exhausted on June 5, 2007. This raises a serious concern because as we reported earlier today, the USCIS appears to be picking up the speed of processing of backlog I-485 applications in anticipation of flood of July 485 applications. The USCIS hands may be tied, should the EB visa numbers for FY 2007 is exhausted before the end of July.

    http://www.immigration-law.com/

    Based on this, I have again (yes, again) emailed by immigration lawyer and sent him the AILA's URL (although I cant see it coz I am not member of AILA).

    IF AILA reports that they stopped accepting new 485 petitions for EB3-other, then it is pretty freaking scary and that means that what my lawyer told me "I cant happen, bla bla bla..." is really not 100% accurate. If it happened in June, it can happen in July. This is now REALLLLY SCARY, coz my lawyer has plans for July-end for filing.

    Ever since the dates got current, it has been more stressful than the time when dates were retrogressed and almost makes me miss the retrogression days when I didnt have to depend on the lawyers for my career.



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  • sbabunle
    08-03 03:22 PM
    Here is the link
    http://www.murthy.com/news/n_elisub.html
    on more abt substitution





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  • sj2273
    06-11 07:49 PM
    To be honest, I do agree that the US needs qualified people with skillsets. The real question is "Are the people from the desi consulting companies the real qualified lot ? " Just to get my background details out of the way. I am a new member, from India ofcourse, and I have recently applied for my citizenship. Now with this huge deluge of immigrants, especially from the desi consulting companies, I feel that my quality of life is getting adversely impacted. Do not rush to conclusions that I am anti Indian or anti immigrant. 12 years back when I first got my H1 visa, the requirements to qualify were strict. Staffing companies to a decent extent followed rules and tried to get the best and the brightest. Once the dot com boom started, people from all walks of life entered IT. This was true of not just the Indians but also of people in the US. Soon after the bust, the value proposition from these staffing companies was simply low cost. This is not to blame the staffing companies. They behaved in an economically rational way.

    Consider this scenario. If you run a consulting company, wouldn't you try to maximize your profits by staffing people in projects at the least cost ? This is econmically rational. You wouldn't worry much about the quality of the deliverables and all you would care is to dump as many bodies as possible at the client site or offshore and get the maximum bang for the buck.

    In this scenario, how is it feasible to expect immigrational justice when the bodies themselves dont provide exceptional talent and skills but simply offer low cost ? Now you would be tempted to bring in the analogous case of illegal low skilled immigrants. Remember they are just that - low skilled workers. They dont "steal" the jobs of high skilled workers. But this dumping of IT workforce has completely brought down the standard of living of the IT workers here. To be honest, those who get green cards today would feel the same way five years from now when the next wave of so called "skilled IT immigrants" offer even lower wages and destroy the quality of life.

    In summary, this retrogression is good in a way. The truly best and the brightest would still be employed until their turn for adjournment comes in. Only the weak are currently scared of the delays. I went through the same torrid GC phase after the tech meltdown in 2001. I was not worried of my job then but many people whom I knew got clobbered and were forced to leave. This is the darwinian flush and it will take its toll. Trust me this the bitter truth. If you people still consider that all the people on H1/L1 are part of the best and the brightest, they are WRONG. Only a small % (probably 20%) are the true best and the brightest and a good 50% will be flushed out. Sorry to say this and hey give me the red dots.

    Dear Dilip,
    Thank you for your kind words and analysis. But I am sure you will agree to the fact that bad apples are everywhere. You were qualified - good for you! Unfortunately, we are sailing in a boat that has good and not so good people. I can quote examples where I have not only come across dishonest indians but dishonest people from every nationalitly that you know of. I have been in the field for over 13 years (not a techie) and believe me my job puts me infront of all kinds of people. Now coming to the point - we are all here to find a solution to a bigger problem - retrogression and mr. op's decree that we will have to wait for decades before we can see that 485 approval. Well, I disagree and have a gut feeling that something is wrong somewhere. Its not a clear picture. I am optimistic about the fact that if we wish, we can still have people in the government at least look at our case. There is a lot of work to be done and we need help from people like you in doing so. We need intelligent people like you to advice, suggest and generate optimism and not derail us by letting us know that Indians are dishonest, not qualified etc. We all already know that!

    That does not serve our purpose to be here. Thank you for reading my posting.



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  • BharatPremi
    09-25 07:46 PM
    Well, somebody is saying that "preadjudication" may have a diiferent meaning too. See the following link.

    Statistics of USCIS Preadjudication of EB-485 Applications and Prospects (http://pathrika.net/myknowledgebase/index.php?option=com_content&view=article&id=168:statistics-of-uscis-preadjudication-of-eb-485-applications-and-prospects&catid=44:immigration-law-news&Itemid=56)





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  • whitecollarslave
    02-12 01:11 PM
    http://blogs.ilw.com/gregsiskind/2008/02/house-dems-to-p.html

    Good strategy. Need to make sure all EB provisions are still intact in these reforms targetted for spring & Summer of this year.

    How can we find out if EB provisions are there?



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  • surabhi
    07-21 05:13 PM
    For 2007 we had an availability of 226,000 Family Based Visas. But the issued visas in 2007 in Family Based are 194,900 visas. That means there are 226,000 MINUS 194,900 = 31100. These 31,100
    unused Family Based Visas have been made available for 2008 Employment Based Visas of 140,000. And USCIS has 28,795 unused VISAS of American Competitiveness in the 21st Century Act of 2000 (AC21).

    American Competitiveness in the 21st Century Act of 2000 (AC21) had recaptured 130,107 visas.

    Out of that 94,000 were used in 2005.

    7,312 were used in 2007.

    So dont know when the available 28,795 unused VISAS of AC21 will be used again.



    The unused family based visas of 2007 are 31,100 , which are going to be added for Employement Based Visas of 2008. So the total Employment based visas for 2008 are 140,000 + 31,100 = 171,100.

    Theses 171,100 EB Visas of 2008 will be split like, asuming USCIS is not using the availble 28,795 unused VISAS of AC21 below.


    (If USCIS decides to use some or all of 28,795 unused VISAS of AC21, then the available Employment Based VISAS of 2008 increases accordingly. )

    28.6 percent each EB1, EB2 and EB3. 48934 VISAS for Each Category.
    And 7.1 percent each EB4 and EB5. 12148 VISAS for the last two EB categories.


    So in 2008 the total Visas for EB1 and EB2 are 48934 + 48934 = 97868 plus unused EB4 and EB5 visas of 2008.



    The total EB5 Visas usage never crossed 824 in the past 10 years(Average Usage is 376/year).

    So there would be 11148 visas available for EB1 from EB5 (assuming 1,000 visas are used in EB5 which is highly impossible)

    The unused EB4 Visas may be couple of thousand or null, based on the past 10 years EB4 usage (7,223 is the average usage)

    Assume there are only 2,000 EB4 VISAS unused in 2008 (defenitely it would be more unused).

    So the total EB1 and EB2 Visas for 2008 are

    48934 + 48934 + 11,148 + 2,000 = 111,016


    The Family visas spill over is something I couldnt understand. They are retrogressed by > 10 years for many categories. Is that conflicting with spill over? Why would there be spill over with such backlog?

    I havent researched FB category , so apologize if its silly question





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  • GC08
    02-14 07:28 PM
    a 3-yr deadline..as I just entered my 4th year of this endless pain..

    I think it should be based on how long they have paid tax (say 5 years). For example, for those who have been legally working for more thena 5 years and paid tax during the period, with labor and I140 approved, they should allow them to file I485 right away. :D

    I always feel allowing illegals become legals is a huge advance for them. For legal H1Bs, the only advance of similar magnitute is giving them GC without any delay (at least within a timeframe comparable to those illegals becoming legals).

    What do you think? :)



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  • vdlrao
    07-18 08:19 PM
    this is not correct. ROW continues to get preference.
    what has changed is that for a while USCIS chose to interpret the law in a way that gave EB2 GC numbers (the law mandated 28.6%) to EB3 ROW rather than spill them over the EB2 I/C. now they have corrected that and EB2 numbers (which include any spillover from EB1) are first used in EB2 ie category numbers are given priority.

    so the bonus advantage that EB3 ROW got for 1-2 years has been withdrawn. however with EB3 retrogressed and with EB2 I/C retrogressed, EB3 ROW continues to get all EB3 numbers except the 7% each for the retrogressed nation states.

    i would also like to know where the 20K number is coming from if anyone has a source please share it.

    Hi Paskal,

    We dont have any official source of available visas for EB2 India as of now.
    But based on the information availale it seems there would be about 30k visas, which are about 10 times more than what its been now (3,267 VISAS for EB2 India), available for EB2 India. Even though China shares with us for these visas, it would be minimal for china sharing as because china had already a cutoff date of Jan 2006 by Jul 2007. EB2 India has to be current pretty soon as of the increase in visa numbers allotment to almost about 10 times due to the horizontal fallout.

    We need your inputs as well, on this calculation of estimated visas for EB2 India.



    .................................................. ...

    Originally Posted by sumagiri :

    There are some significant flaws in your analysis. If you correct them, the number comes to around 25K.

    First. The family spill over has to be applied to all categories. So the total number is 140,000 + 19,000.
    Second. You calculated EB1/2/3 gets 1/3 which is not correct. They use only 28.6% not 33.3% This makes difference.
    Third. The EB1+EB2 combined 70K already counted 9,800 visas for India. We should not add them again.

    According to USCIS/DOS testimonies they will usually end up using only 95% of total quota. They go conservatively because they must ensure that they won't use up even a single visa more than what law allows.So total available is approximately 159000*.95 = 151050
    Third. EB1, EB2, EB3 each will get 28.6%. Not one third (33.3%). That makes lot of difference. So each category will get around 43,200.
    EB4 and EB5 combined will get around 21,449

    Now again, going by statistics and your assumptions that EB1 and EB2 takes up 70K and EB4, EB5 takes up around 10K. The unused visas are

    ((43,200*2)+21,449) - (70,000+10000) = 27849.

    So the total EB2 visa usage will be around 70K + 25K =95K.


    http://immigrationvoice.org/forum/showthread.php?t=20167&highlight=vdlrao&page=7





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  • onemoredesi
    05-15 08:38 PM
    Hello Friends and my fellow GC awaiters..
    I have my labor pending for the past 3 yrs (my PD is Aug 2003) and have been waiting for ever. Inspite having a Master's I did filee in EB3 just because I work for a large company which does not allow to file in EB2.

    Anyways, I came across a company who said that they have a pre approved labor (late 2002) priority date. Is it wise to go for it or wait for something in EB category to move ahead?. I have at least 1 yr 3 months on H1 and will not have any other options except to stay in the company after 3 months.
    Is it worth taking the risk and go with the labor substitution?
    The second question/advice I'd like from you is:
    If I go back to the same company after 6 months because of some issue with the labor can I still preserve my 2003 PD?
    Pls let me know your opinion.
    Thx a lot guys.

    Hope is a good thing, maybe the best of things. And no good thing ever dies
    1MoreDesi !



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  • hydubadi
    07-26 12:20 AM
    Hello Sir,
    I am in a process of getting name change for my wife on pending I485. This is because her first name is given as 'No Name Given' by USCIS on the I485 file, EAD and A.P. As she did not have first name in passport.

    We recently got her name change on passport by adding my(husbands name) as SURNAME. Now we want to refelect this change on EAD and 485.

    Sir, can you please let me know the process of amendment to get name change on the file. What applicaton do I need to fill, and what documents should i send with the form. Can I do it on my own or do i have to go thru a lawyer.

    Your answer is highly appriciated.

    Thanks,
    hydubadi





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  • jhaalaa
    01-13 02:49 PM
    When folks transfer to a new employers using AC21 (where AC21 is otherwise valid) -
    0. NOT APPLICABLE: for folks who only use the EAD for the AC21 and do not use H1 transfer.
    1. OK: for folks where you work directly for the new H1 transfer sponsor.
    2. DIFFICULT: When H1 transfer using AC21 is sought from a sponsor just to meet AC21 criteria, while one works as a consultant.

    AC21 Beware - is specially meant for those wishing to seek AC21 from a small consulting company - because finding some big employer who would presently write a job description in the offer letter to match the criteria ("same or similar") that was advertised for the Labor certificate underlying a I-485 petition that has been pending 7 or more years back does not seem very practical.
    _______________________________
    In general, for folks on H1 or those planning to get one -

    A. Folks who work directly for the H1 sponsors are OK.

    B. With this memo, meeting 'Employee-Employer relationship' shall become tougher to prove for small and specially third party consulting company employees who work elsewhere and for an unrelated (to what is stated on the LCA petition used for the H1) client.

    It does not mean that its all going to be dark for all with no hope.
    Just that, keeping all necessary documentation, proof of communication of work, duties, progress, status, performance assessments, time sheets, documented business processes, projects related documentation, client-vendor communication, service agreements, etc shall become very tedious for small consulting businesses.


    Best Wishes for all





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  • tikka
    07-04 12:13 AM
    http://digg.com/politics/U_S_Withdraws_Offer_of_60_000_Job_Based_Visas_Ange ring_Immigration_Lawyer/who

    has 72 DIGGS in less than an hour.. if we get this to a 100 this story will stay on TOP!!!!

    HURRYYYYYYY





    sriramkalyan
    01-13 07:58 PM
    My suggestion is, people who are not with Direct vendor, they should try get the H1B transferred ASAP. Existing companies cant put any hold on it!!





    12Karan
    08-15 06:53 PM
    Indians are masters in creating unnecessary ourage. Look what a big deal the Indian media made of students being attacked in Australia. Indians declared Australia as a racist country and they branded Britain also as racist when Shilpa Shetty episode took place. Now also they are making a non-issue as a big deal. It seems that Indians thinking is buillt around that all the world is racist and biased toward India. But, when it comes to showing ourage to genuine issues they are always silent. So many horrible things happen to millions of Indians everyday but no body cares about them. Also, when chinese think tank published a report last week about breaking India in many states, there was no outrage. As compared to this news SRK news is nothing. The reason is simple chinese will shut Indians out because they know what works while dealing with Indians.



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