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  • paskal
    02-13 08:33 PM
    I don't think there is much I disagree with you. You are right about most things. Especiallly, that it is not an exact science. A lot depends upon how many applicants there are, and how many numbers are increased, and how much the country limits are increased by.

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

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


    i think it's pretty clear that increasing GC numbers is the first priority for iv. removing country limits would be a thin band aid of sorts if the GC numbers do not change. GC numbers have to increase, the rest comes after that.

    hence in my view this argument is moot.
    we need to come together and work on this, otherwise we all fail.





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  • gondalguru
    06-26 11:43 PM
    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.





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  • Legal
    07-23 12:32 PM
    More likley to happen is most EB-2 upto Dec 2005 getting approved, many in early 2006 getting approved.

    I am very very skeptical about the claim that USCIS moved the dates to June 2006 in a random fashion. They could have moved it to Dec 2005, but they moved it to June 2006 because they have the ACTUAL GC numbers (unlike us:)) and they have an estimate of how many could be adjudicated.

    Wishful thinking? May be. But everything points to above.





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  • spdy_mn
    06-27 01:08 PM
    Guys, we will know the exact truth in 3 weeks. Until then we have to do what we can do and not worry about things that are not in our control.

    I know it is easy to say and tough to do but what other option do we have ??



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





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  • lahiribaba
    06-18 01:44 AM
    if you are doing a desk job and you beleive that it cannot be outsourced you are kidding yourself.. it is only a matter of time. With Cisco telepresence soon they would be able to even have the person sitting in bangalore occupy a cube down the aisle in a office in manhattan.



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  • bharol
    06-11 03:29 PM
    USA needs people with qualifications and skills.

    Sooner they learn it, the better.





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  • krish2005
    01-16 05:16 PM
    Please read this article.

    The Insightful Immigration Blog – Commentaries on Immigration Policy, Cases and Trends: NEW USCIS MEMO ON EMPLOYER-EMPLOYEE RELATIONSHIP FOR H-1B PETITIONS: IS IT A WAY TO KEEP CERTAIN WORKERS OUT? (http://cyrusmehta.blogspot.com/2010/01/new-uscis-memo-on-employer-employee.html)

    I feel IV can join hands with AILA on this to help us in this situation.

    Any new renewals or new H1 filings are bound to be denied unless its a direct employer vs employee relationship. Third party placement indications are bound to be targeted for denial!

    We are literaly doomed. Given the slugglishness of the GC process this is bound to cripple us down.

    I am feeling sad for those H1B guys who were deported out of Newark thanks to these crooked laws. The laws may be right in their perspective, but they do not understand the havoc it would have created in the lives of those who felt the impact.

    I wish and pray for the good of all and those GC/H1B aspirants during these troubled times now and up ahead.



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  • jatinr
    07-15 06:40 PM
    :confused:My 485 was filed with me as Primary and my wife as derivative in July 2007 with PD of Nov'05 2003. My I-140 is approved
    I have applied EAD/AP through this pending AOS, but neither me nor my wife are using EAD/AP since we are both maintaining H1B status.


    My wife's parallel GC process - I-140 just got in EB2 - PD Jan 2005.
    The Alient no on her application is the same that got assigned due to her pending AOS application .Her PD is current with Aug 2008 bulletine


    Do you think we can file multiple 485 to take advantage of EB2 - jan 2005 PD
    What is the risk?

    OR
    just send a letter asking USCIS to consider her approved I-140 for processing the pending AOS applications instead of mine.
    Will USCIS do that.





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  • patfanboston
    05-12 01:22 PM
    Can I ask a question - tangential, maybe, but not by much. Why do Tamils have such a problem assimilating? Why don't they learn the local language and respect the local culture when they immigrate? Their motto seems to be "In Rome, be a Raman".

    And the opposite is true when people speaking other languages settle in Tamil majority areas - they are, dare I say, forced to integrate, because that is the only way one can manage to live on a day-to-day basis. Would Tamils ever allow a non-Tamil minority to gain even a tiny foothold in their areas where the Tamil writ would not run? I doubt it.

    Note that I am a firm believer of learning and respecting the local culture and integration. One does have a 'right' to propagate one's own language and culture, but they lose that right substantially when they emigrate to an alien land - whether it is within the same country or not.

    To extend the logic, when we (mostly people of Indian origin in this group, I would assume) immigrate to the US, while we may try to conserve our heritage in private, we cannot impose it on the locals. That is when you end up creating ill-will against immigrants among the native population. America has been a great melting-pot, and has had great success assimilating great waves of immigrants from various countries including Italy, Ireland, Scandinavia, Germany etc, and the reason it succeeded was that in a couple of generations, there was total integration into the American culture. We owe it to our adopted country to do the same.



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  • sachug22
    09-14 02:52 PM
    I was among the very first to predict forward movement of EB2 (8 months back when most of the information available suggested no movement). Looking at September approvals i will see there will be very few cases pending from 2002-2004 for EB2 (those pending will be cleared in next few months since PD will stay current).

    My estimate is that

    EB2-India pending applications with PD older than Dec-2004 no more than 2000.
    EB2 India had used 8000-10000 visa in 2009 (5000-7000 in Sept 2009 alone). It will not surprise me if this number is as high as 11-13K.
    EB2-India all pending I-485 applications (till July 2007) is around 30000 (as of 1st Oct 2009) * see latter post on how.


    Holding following assumptions we will see more forward movement in coming months and whole of 2010 fiscal year.

    Slow improvement in economy (fewer new applications from EB2-ROW and EB1)
    PERM applications stay stuck (as they are very few approvals in last 12 months)
    CIS is force to allocate visa every quarter (leading to large spill-over)
    Fewer EB3 to EB2 porting


    CIS has prudently processed most old cases (pending for name-checks) and also pre-adjucated most cases filled in 2007-2008. So if they have visa numbers pending we should see big movment in Dec 2009 Visa Bulletin. This movement could cover all EB2-I 2005 cases in next two quarters (by March 2010). How explained below

    EB2 gets 10K visa each quarter (28.6% of 140,000 divide by 4)
    EB1 gets 10K visa each quarter (28.6% of 140,000 divide by 4)

    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
    EB2-India PERM applicants in 2005 (thanks TempGC) -> 5311 LCA (Around 1300 got approved in aug/sept 2008)= 4000 LCA => 8800 GC

    Total pending I-485 in 2005 (EB2 India) ~ 13000

    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.

    The analysis is very optimistic and does not account for

    Duplicates (multiple I-485 for same person)
    Discarded Labor (many people just discard the perm since they switch jobs or did not want to do GC)
    Upgrades (people had EB2 perm but got GC in EB1 category)
    Cross-chargeability (with spouse of PERM hold birth from non retrogressed country)
    Denied I-140/I-485 after PERM approval


    If these makeup 10-20% applications then dates should move faster.





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  • sdeshpan
    08-17 11:03 AM
    The VIP culture and the sense of entitlement in India is sickening :mad: I would understand if George Fernandes had raised a fuss since he was travelling as a diplomat, but SRK is pure dung!! FFS, he is there only to promote his movie - like some one mentioned here, the world doesnt come to an end if he is delayed by an hour or if the movie flops or doesnt even see the light of day.

    You nailed it brother! SRK is just another moron who thinks he owns the world! All things being equal, there is no reason for him to get any special treatment at all -- he is no diplomat or a guest of this country. If there was something wrong with his luggage and/or profile that made the CBP flag him and question him, I don't see anything wrong with that. I can't agree more with you on the stupid "VIP" culture that sits deep in the roots of these glorified-beyond-reality idiots.

    And then there are people here comparing India and the US...what the heck! This is America and they can do whatever they like to keep it safe...who are we to say that our "star" deserves better treatment when they don't spare their own people? :mad::rolleyes:



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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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  • hazishak
    02-15 10:48 PM
    I beleive that there should be more representation of people from other countries in desi companies, but when more number of desis apply for jobs. Is it any fault of the company is they are hiring only them?.


    In other words, they dont mind getting screwed by desi company.



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  • Legal
    07-22 09:38 AM
    USCIS TRYING ITS BEST, with the available resources, TO KEEP THE EMPLOYMENT BASED CATEGORY IN SHAPE.

    BUT THE REASON FOR ALL THIS MESS IS ITS WORKING WITH DECADES OLD IMMIGRATION RULES and WITH a HUGE DEMAND OF EB VISAS FROM A VERY FEW COUNTRIES.

    THE MESS IS WITH THE IMMIGRATION RULES, WHICH ARE WRITTEN DECADES BACK (MAY BE AT THAT TIME THE LAW MAKERS MIGHT NOT HAVE ASSUMED THE EB DEMAND WOULD BE FROM A FEW COUNTRIES LIKE INDIA and CHINA), BUT NOT WITH THE USCIS!!!!!!!!!!!!!!


    TIME is REACHED FOR IMMIGRATION REFORM.


    vdlrao,
    I totally agree with this. They have been trying hard to do the right thing WITHIN THE LIMITS OF CURRENT LAWS and be fair as much as possible.

    Do you agree with my statement there are 40k numbers available for EB which should be used up before Sep 30th? 20,000 each in August and September. And I bet that's what they are planning to do. I realize this could be wishful thinking . But everything points to that direction. Correct me if I'm wrong. Thanks.





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  • eb3_nepa
    06-28 09:17 AM
    http://www.shusterman.com/pdf/aila-cis-vb.pdf


    Karthik


    Excellent link. Good research by Macaca and logiclife.

    A couple more things guys:

    1) Matthew Oh has been known in the past to be a BIT of a sensationalist. Remember this past weekend and his scare regarding the yanking away of AC-21 provisions for I-485 filers? So lets take whatever he says with a PINCH OF SALT! ;)
    2) Let us please stop these messages about how Jesus and the saints would get their GCs processed. It may very well be offensive to some of the Christian members and to some Americans reading the forums.



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  • gjoe
    02-13 04:38 PM
    Why should we give big bucks to big names? Instead we can pay 50% to 75% of that to a bunch of fresh law school grads from Harvard or some other top law school and see what they can do?
    This way we would help young talent and also give them a platform to get their name in the front and at the same time we are not under cutting on their fees. Saving money but cutting unnecessary cost is the name of the game.

    Any thoughs or counter arguments?





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  • onemoredesi
    06-21 07:39 PM
    Hey guys,

    I think this issue is being blown out of proportion. Its not that easy to get approved using labor substitution. Recently, I came across a pre approved labor but could not use it..just because the skills that are mentioned and what I work in do not match..

    Let us say if my pending labor is filed as a Programmer Analyst with experience in Java, J2EE, etc and the pre approved labor is a VB/ASP position then I cannot use it, even if I fake VB/ASP experience. This is because, my pending applicaiton will be pulled when my I140 is applied and the 2 applications do not match.. That itself will raise a red flag.

    People who are using labor substitution needs to be extremely lucky to have found a pre-approved labor in their field of work and with a PD which is current..

    My strong opinion is that Labor Substitution is not at all the reason for our problems..My Labor still unapproved is 2003 PD and I did my Master's here but my company did not file my application in eb2..I have been looking for a pre approved labor which is before 2003... came across two, but could not use either of them..

    Just my 2 cents!

    1MoreDesi





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  • Pineapple
    12-14 05:10 PM
    I can understand your concerns.. and no, I do no resent your comment. I rather welcome a different viewpoint! IV, I emphatically maintain is made up ordinary people, like you and me, regardless of nationality and culture. I'm not a core member, but that, in itself, is the point - there is no top-down hierarchy, no "party line". IV is us. It is the very embodiment of the philosophy, "Of the people, by the people, and for the people" .

    If it were any different, I would not be here.

    That said, let me address your concerns. You (and anyone else) is free to disagree.

    Let us say all country quotas are removed. In that case, yes, you will see a majority of GCs going to people of Indian and Chinese extraction. But to say that the removal of country quota is going to disadvantage people of other countries is a mathematical fallacy.
    Let me explain it this way, using an analogy. Suppose you take part in a lotto game. The prizes (GC) are limited. Say there is only one prize and you have 100 participants. Also, further, let us say 80 are from California and 20 are from Pennsylvania.
    If you play the game several times, you will see that 80 % of the prizes go to people from California.
    But, that does not mean that you will improve your chances of winning if you move from Pennsylvania to California!!
    Your odds are exactly the same - 1 in 100.

    Removing country quotas would have the same consequence: If would actually give everyone a level playing field, and everyone would have the same shot at making the coveted quota of 140,000 EB GCs.

    But when you have quotas, the probabilities are severely distorted. Especially when you have arbitrary quotas. (Why 7 %? Why not 9 %? Why not 5.247 %?).
    In this case, if you are from India or China, you are seriously disadvantaged, while someone from a smaller country gets an unfair advantage. This is not complex political philosophy. It is school boy arithmetic.

    You see what I mean?

    When an Indian or Chinese asks for no country quotas, he/she is not asking for more.. He/she can no more control the wind as control where he/she is born. He/she is just asking to have a fair chance just as anyone else in the world. Why should he/she be penalized for being born in a big country?

    I hope you see what I mean.

    Anyway, the thread is about whether we can make a constitutionality argument in the court. The issue of "fairness" is quite settled as I explained above.

    I know what I am about to say will trigger a lot of reaction and some resentment, but it has to be said on behalf of those who are not Indian. I think the per country limit is to ensure that people of all nationalities and races have an equal opportunity to obtain a green card and to ensure that no one nationality, group, or even sector (i.e. IT) monopolizes the so few visas that are available. In fact, in the visa lottery, countries become excluded when the number of immigrants from them reach a certain point, so we are lucky they do not do that in the Employment-based system!

    I think that by wanting to remove the per country limit so more Indians can avail of the green card quota is both asking for "special treatment" and a slap in the face for all the non-Indian IV members. The more I read the threads on this site, the more I feel that this organization is geared just to one ethnic group. I am sure that Indians probably make up the majority of members, but the founders of IV (I hope) did not want this organization to become one-sided! Please be considerate of ALL members and try to come up with suggestions that would benefit ALL members!!!:mad:





    Aah_GC
    08-15 09:54 PM
    I warn you not to start the Muslims vs rest debate here....I would say most (not all) people are fanatics will do any attrocity in the name of religion. Blame it on your fellow fanatics for this mess. Yes, you need to pay the price for 9/11. DHS and TSA are created to protect the innocent civilian and its their duty. If you dont like dont come to USA.

    What SRK - global icon you are talking about. He is not a leader of the nation...he is just an actor. He might be a god for you and he does not need to be the same for others. Think logically everyone is coming here with invitation only. For the IO at POE, he is just a visitor and if needed should be treated in the same way like any other visitor. When it happened to Mr.Kalam, yes we need to protest as he was a former Head of State. But that Noble person did not even speak about it. But this poor SRK saying his self-respect is hurt. What a loser.

    Also I expressed to take the "Global icon" tag out of the picture and focus on the system itself. Make sure you read and understand posts before rhetorical reactions.





    arc
    07-08 07:18 PM
    Dear Sir/Madam

    Thank you for helping us.

    Scenario:
    If one is working with company A on H1 and Company B applies a future employment GC for the person. The Person received EAD/AP for the 485 which is pending from 1 year through company B. Also have a valid and stamped H1 for 3 years from company A.

    Now in this case:

    1) Is there a Law or Need to Join company B since EAD has been issued?

    2) Can one stick with company A even after getting EAD till he gets GC? In that case is AC21 required to remain with Company A?

    3) Can one Join new Company X and use AC21?

    I really appriciate your community service, thanks in advance!



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