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  • srinivasj
    07-21 01:19 PM
    its a big problem in Bay area, especially in walmarts, greatmall of america..they come with lame lines to strike a conversation...





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  • kumarc123
    07-25 12:25 PM
    I agree with vdlrao completely. The horizontal spill over rule essentially gives all EB1/EB2 visa to EB2's. This will make the EB2 cutoff dates leap and bounce forward. For EB3, however, there won't be any spill over data until EB2 become all current.

    In Oppennheimer's reply to Ron Gotcher's question, he mentioned that the horizontal rule was set after he 'had consulation with the congress', so it's very unlikely to have any change to this rule till some legislation changes take place.

    I agree with you 100%, this change was made by Congress in attempt to reduce the backlog.

    Think about it in terms of Congress, it was under a lot of pressure from high skilled workers and from companies like Google and Bill gates who argued for more number of visas. No offense to any EB3 category, but we all know, EB2 are the ones which have earned a higher skilled education from this country.

    (Now please don't start any debates on EB2 or EB3, I didn't make any distinctions and it has no relevance.)

    For Congress to somehow act, they made the change in movement of visa numbers, and geared more towards EB1/EB2, to reduce the backlog among EB2 category. This will eventually lead to roll over of visa numbers from EB2 to EB3.

    Advantage? High skilled workers who have attained a Masters degree from
    U.S., now will see a reduce in backlog.

    This recent change in the flow of visa numbers, acknowledges all these problems. We all know, who ever takes over the next presidential elections, will not issue something right away, it will take a few months.

    This change buys time and greatly reduces the backlog among EB2, eventually for Eb3 as well. The new process makes much more sense and I don't think this change will revert to its original movement (back to vertical flow)





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  • gbof
    09-15 11:06 AM
    month priority date No of appr 2000 2001 2002 2003 2004 2005 2006
    June-08 4/1/2004 122 2 9 18 61 30
    July-08 4/1/2004 88 1 7 14 29 36
    August-08 6/1/2006 261 0 3 5 19 63 103 67
    Sept-08 8/1/2006 3 0 1 0 0 2

    Thanks for this useful info. 05 & 06 approved #s in Q-4 of 08 looks very significant - these alongwith approval of 'multiple filed AOS' will surely reduce wait time for 05-EB2i. Hop[efully before june 05 cases will be done.





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  • a_yaja
    07-22 01:17 PM
    To a_yaja,

    Thanks for your detailed story my friend. This thread is turing into a support group for Amway/Quickstar victims.
    How is your experience with your childhood Amway friend. Still friends or just keeping in touch because he has the acess to the Amway database? :P

    I have come across quite a few of the Amway/ Quickstart folks. Like most of the people have described here, they usually approach me in Walmart, Meijer, etc. My first experience was in the temple. This dude and his wife went "oh wow! you know so many languages." After talking to the dude, he said that he knew some of my childhood friends and he remembered my face and that we could have possibly played cricket together in our childhood days (this itself should have raised red flags - but I was naive then and didn't think twice). Long story short, we exchanged phone #s and next day he called me and asked me to meet him at his home. He was running an "ecomm business" and was looking for partners. I asked him if he was talking about Amway and he innocently asked me "What is Amway?" I agreed to meet him but something bothered me. I called up another childhood friend who was in Amway and asked him about this dude. Sure enough he was an Amway-ite and already a "Diamond". I was mad and did not go to his house. He called me a couple of times but I never picked up the phone.


    We remain good friends and agreed to disagree on Amway. Now our kids have also friends and when they grow up hopefully will continue being "friends from childhood" :-). And ofcourse - he is still a good source of Amway-ites.



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  • breddy2000
    07-29 01:52 PM
    There are 26 E2 for bombay. Delhi data was for July. Assumption will be around 100 for CP for whole of India.

    Are we not supposed to count dependents with the applications? Or does it mean each individual is treated seperately irrespective of being depenedent in CP?





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  • Canuck
    02-14 01:03 PM
    Galvez v. Howerton 503 F. Supp. 35, 39 (C.D. Cal. 1980)
    http://boards.immigrationportal.com/showpost.php?p=1838094&postcount=14843


    "IT IS HEREBY ORDERED that plaintiffs' Motion for Summary Judgment is granted, and defendants' [**14] Motion for Summary Judgment is denied. The Court orders the defendant Secretary of State to issue A.T. Cortes and E. Cortes Fifth Preference visa numbers and to charge them to the 1979 visa allotments"

    Good, then a precedent has been set that the lawyers can use. Perhaps Rajiv Khanna's underlings and paralegals did not do their research properly.

    I'm also wondering whether a charge can be filed in the same lawsuit for the per country limit as one of racial discrimination, or whether it would have to be a separate lawsuit.



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  • matreen
    02-12 11:17 PM
    Yes, instead of living in dark lets do something about it....enough is enough.

    M





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

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



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  • sanju
    09-23 12:06 PM
    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.

    Senator DSLStart,

    At the end of your post, you forgot to say - 'I yield back the balance of my time'. What do you think this is, Senate floor, where you are proposing amendments? Laws are never drafted exactly what people tell lawmakers. The objective here is to gather attention to GC issues when they are considering proposals/ideas to resolve housing/credit crisis. Do you actually believe that this language/proposal will go as it is without any change, without anyone discussing it? In the ideal world, if you live near a Walgreens, you first create a perfect idea/proposal before sending it, and, in the real world you send out a good proposal/idea so that we do not miss the bus. Why make "the perfect" enemy of "the good". Let’s first get the word out that this is a possible viable suggestion, I am sure before deciding, they will make sure not to be unfair towards you. Turn over to MSNBC.com live and see that they are having an urgent hearing on this right now. They will decide something in next 2-3 days. Lets not argue about who has the "real" intent to make US as a permanent home. Kindly let the Senators propose amendments, and not cause delay in sending out the message, otherwise everyone will miss the bus.

    Disclosure: For the record, I own a house.





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  • blacktongue
    01-14 09:44 AM
    Plainspeak wasting time.
    He was member 2006 onward. Did nothing. Wasted time. Now facing job problem. Need Greencard and now want IV to do for him.
    Typical of some lowskill EB3I do nothing and blame. Go do something. Learn some . Become expert and apply EB1 if you so bright. IV does not value Plainspeak. See no reply from admin yet. Proves he wasting his time.



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  • gimmeacard
    08-02 01:07 AM
    Any ways, it is not going to stop me from having fun here. Any body with more interested stories to keep people informed and entertained till they get gc. Too much predicting would kill the mood. To be motivated u need some fun too.


    so i got tricked this time, in checkout lane met some guy with his kid, started chatting casual nuthing on those bombay guy or other stuff which amway uses, finally he stated that he knows of some folks that have their business here in fremont,ca he is planning to see how they operate, i assumed business means some store related or so, since he didnt seem like an IT guy .

    next day get a call, i ask him if its quickster, n he says u heard of it...why wife started laughing @ me, saying u got tricked this time, normally i wud recognise these guys in 1look





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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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  • alterego
    10-04 05:50 PM
    I have seen all sorts of posting on both this forum as well as others supporting the process of labour substitution.
    This issue needs careful analysis. Just as a knife can be used for a useful purpose of slicing bread, but also for the criminal purpose of committing homicide, so can the LC be used by the employer to truly get a desperately needed skilled employee or to sell it to the highest bidder.
    In the former case it is appropriate whoever the beneficiary and however recently he has arrived. In the latter scenario it is neither fair nor appropriate.
    Much of the problem as I see it here is on the basis of the basic abuse in the system. In my view this provision in the immigration law leads to more abuse on the part of employers, lawyers and opportunist immigrants. All this to the detriment of fair minded law abiding immigrants.
    I have wrestled with this issue a lot. In my situation, I am in a situation of relative comfort. I have an approved 140 in a very stable job with pending 485s for me and my wife albeit with very recent PDs which I am not about to see become current for years in the current scenario.
    My wife is in an area of quite good demand where there are all sorts of substitute labours floating about. Technically, I could have her take the gamble with the security and back up my situation provides.
    Yet I have not done so (to date). Yet I am not foolish enough to make any long term bets either. I am an idealist but also a realist. I have much to gain or potentially lose by the scrapping of this provision. Hence I consider myself neutral and able to take a neutral view on this issue.
    My feeling is this thing is wrong as it currently stands. Yet I will not promise not to use it if the powers that be are stupid enough to let is stand as it is currently stated.

    That is my best asssessment of this situation.





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  • vdlrao
    07-25 07:55 PM
    See we came to know from our calculations there are about 10 times increase in EB2 India visas. So that means we are getting visas of 10 years in a single year!!!!!. But theres not much change in the demand of EB2. The demand is amost same as of the previous years. But the supply has increased to 10 times. So in two years, 2008 and 2009, we are getting of 20 years visas. So assuming there were no spill overs, and 20 years from now means in 2028 , wouldn't it be possible to clear off all the EB2s (with out spill overs) with the PDs on or before 2008. So does it make any sense of EB2 getting close to current very soon with the spill overs.



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  • proengineer
    10-15 02:59 PM
    Interesting statistics posted on Ron Gotcher forum

    Credit to Nolefan


    Hello Ron,
    I have been silent spectator for long and I greatly enjoy reading this blog. The knowledge you bring is great. The blog is very informative & insightful and has given us lots of useful information. I have been thinking of contributing to this blog for sometime related to Pending visa number and spillover topic and this is my first post regarding that.

    Recently, I did some calculations on EB1 & EB spillover to EB2 India/China for FY 2010. Here are points I considered

    * Average Consular processing numbers for EB1 & EB2 / year are based on historic data from 1998 to 2008. (Data is available on DHS site)
    * All ROW EB1 & EB2 applications from following categories will be approved before spill over happens
    o consular processing (EB1 & EB2)
    o ROW (EB1 & EB2) + Mexico + Philippines
    * most applications for India / China EB2 from 2004 and prior are approved except few as mentioned on CIS report.
    * Even if there are EB2 ROW I140 applications are pending, they may not be more than few thousands (based historic EB2 usage from EB2 ROW). Based on economic conditions, I assumed 5000 new I485 applications after approval of I140.


    Calculations

    EB1 spill over

    Total quota allowed: 40040
    Average consular processing: 5290
    AOS Pending: 4050
    New applications: 2500
    spill over from EB1 ~ 40040 - 5290 � 4050 � 2500
    spill over from EB1~ 28500

    EB2 spill over

    Total quota allowed: 40040
    Average consular processing: 2199
    AOS Pending (ROW): 7871
    New applications: 2500
    spill over from EB1 ~ 40040 - 2199 � 7871 � 2500
    spill over from EB1~ 27470

    Total EB1 & EB2 spill over = 28500 + 27470

    Total EB1 & EB2 spill over = 55970


    EB4 spill over
    Total quota allowed: 9800
    Average visa numbers used: 7432�� based on data from 1998 to 2008
    spill over = 2368

    EB5 spill over
    Total quota allowed: 9800
    Average visa numbers used: 465 �� based on data from 1998 to 2008
    2008 data: 1360
    spill over : 8440



    Total spill over for EB2 India / China: spill over from (EB1 + EB2 + EB3 + EB4)

    i.e. 28500 + 27470 + 2368 + 8440 ..

    Total spill over for EB2 India / China: 66778

    Preadjudicated EB2 India / China applications ~ 51000

    Total pending EB2 India / China ~ 67061

    If spill over occurs quarterly, then I would expect EB2 India / China dates should faster throughout year may be current by end of FY 2010.





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  • shree772000
    09-04 01:38 PM
    May he rest in peace...



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  • smisachu
    06-16 02:55 PM
    You cannot compare a recession to retrogression. A recession is a shrinking economy which is a natural correction of supply and demand. Retrogression is an artificial rationing which has no bearing on demand. It is almost un democratic and prejudiced. What they are doing here by imposing caps by country is they are rationing brilliance. Is it our fault that India and China produces more number of PhD�s and engineers than say Kenya or Denmark?
    If you are looking for diversity look for it under family immigration and not under employment based immigration.

    Your analogy of recession works for the H1. As you see in a falling demand environment the demand for H1 visas this year is tepid compared to previous years. There is no excess supply in employment based immigration as all EB immigrants are gainfully employed and hence �Employment Based� immigrants. There certainly are some who have purchased substitute labor certifications and finding loop holes in the law through consulting firms. I doubt that they are a significant part of the population waiting for visa numbers.

    Your attaining green card is luck more than Pluck. Due to random visa allotment last year many people with dates in 2006 were given green cards ignoring people with prior dates. Now do you intend to say that they were more qualified than those with older priority dates? The whole intention of retrogression is not even to weed out the bum applicants, it is just a result of apathy towards a small immigrant population which is politically insignificant. You can argue all you want of the survival of fittest, but the basic fact is if some one has a PhD in physics and has multiple companies offering jobs, he is not going to stand in line meekly to collect his green card after 10 years. He is going to leg it and go to some other country who will welcome him and his intellect with open arms. So the fittest will be gone and only the mediocre will be left.

    The current retrogression is not a way to filter the fittest out; it is just dumb political red tape.


    Why do you have to resort to calling names ? Are ad hominem arguments the best you could come up with ? Let me give you an analogous case wherein people say that a recession is a good thing. Recession occurs in order to cleanse the economy of bohemian excesses and inefficiencies. Do you think that such people are sadists and belong to the mental asylum ? Of course there are people who get affected in a recession. Does it mean it is not desired ? In a similar vein, you need to understand that there were and are huge gaping inefficiencies in the current immigration process. There has to be a way to curb these excesses and inefficiencies. Retrogression may not be the best way but it is the only way utilized right now. If you still believe that I have to subscribe to these inefficiencies despite having gone through the immigration process, I am sorry I beg to differ.





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  • amitjoey
    07-03 04:57 PM
    What did you put in the subject field.. It is very important to have right words in subject field so at least they will open the email and see what's in it..

    "Immigration scandal goes unnoticed"
    or "USCIS drama and tantrum to lessen workload"
    or "Is this legal?"
    or "Resignations due at USCIS"
    or "Foul Play synonym USCIS Play"





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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.





    perm2gc
    10-04 06:44 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


    i am aware my threads on same scenario..do we need to discuss same thing again and again..please search the forum before opening new thread...





    arunmurthy
    09-17 03:12 PM
    Cousin of my friend got an email that his card production has been ordered.
    He falls in EB3I (PD Aug. 2005). I could not believe it but my friend told me that
    EB3I would see significant movement in coming months.
    Gus Hang on and tighten your seat belts. We will have a wild ride if he is true.



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