unitednations
02-13 03:34 PM
I interpreted that as allowing a country to go over the overall 7% limit in the total EB categories.....Which conforms to what USCIS did in 2005....USCIS allowed much larger than 7% from India that year...and they were within law...( Of course that can be litigated against if someone raises an objection ......)
So if my interpretation applies and after reform there are 290K total visas available then there is a decent chance of EB2/EB3 India China to at least come to 2005 PD levels if not current...
If they changed the law to have 300,000 visas but there is 400,000 people going for greencard; then there would still be retrogression. The unused visas from ROW would not get allocated quarterly but in the fourth quarter.
So if my interpretation applies and after reform there are 290K total visas available then there is a decent chance of EB2/EB3 India China to at least come to 2005 PD levels if not current...
If they changed the law to have 300,000 visas but there is 400,000 people going for greencard; then there would still be retrogression. The unused visas from ROW would not get allocated quarterly but in the fourth quarter.
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grupak
02-13 02:58 PM
We're all in this crap together, some worse than others... so let's stop with this ROW Vs India & China nonsense. Country quotas are unfair and frankly the entire GC process is unfair and unpredictable... We should aim for solutions that solve this issue in a comprehensive way, not by dividing us even further.
Well said. We are here only because we want to fix the employment-based GC processes. If I could fix the system on my own I wouldn't be hanging around here. Together we want to fix the system so lets propose solutions that helps everyone in IV.
For a start, everyone mail those letters to the President.
Well said. We are here only because we want to fix the employment-based GC processes. If I could fix the system on my own I wouldn't be hanging around here. Together we want to fix the system so lets propose solutions that helps everyone in IV.
For a start, everyone mail those letters to the President.
nixstor
07-03 04:14 PM
Wrote to Jennifer Ludden at NPR who regularly reports on immigration
email addresses are first name initial followed by lastname at npr dot org, if you would like to write
email addresses are first name initial followed by lastname at npr dot org, if you would like to write
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iv_only_hope
07-24 08:55 PM
vdlrao
I will post the calcs and see his response. Thanks.
I will post the calcs and see his response. Thanks.
more...
bfadlia
02-16 02:57 PM
I still fail to see how country caps on Employment Based immigration serve the purpose of diversity. Look, people from India/China with H1B visas and pending AOS applications are already here, right? They are here and will be here regardless of whether they get GCs now or after 10 years. Many of them bought houses, have families, American born kids. How making them wait for years is gonna serve the purpose of diversity? You think if an Indian guy will be using AC21/EAD for years, going to finger printing every year, going through secondary security check on airports, in time he is gonna evolve into something less Indian? It's gonna be the same people but with different documents in their pockets.
For diversity purposes there is lottery, and the purpose of that lottery is exactly that - the diversity. Also, if the government wants diversity, they should have immigration program like Canada has. Where people are issued permanent residency BEFORE coming to the country and spending years working for that country.
bestia, the people here keep saying "i don't see the reasoning in x, then x must be wrong and should change"
u believe US intended diversity in DV lottery only and by mistake put it in DV, FB and EB.. you are entitled to your opinion, but good luck getting someone to take u seriosly with this argument
again..i only mentioned race when people kept saying we (certainly their race) are better and brighter, outside correcting that context i would never have discussed it this way.
peace.. have a soccer game now.. c u later
For diversity purposes there is lottery, and the purpose of that lottery is exactly that - the diversity. Also, if the government wants diversity, they should have immigration program like Canada has. Where people are issued permanent residency BEFORE coming to the country and spending years working for that country.
bestia, the people here keep saying "i don't see the reasoning in x, then x must be wrong and should change"
u believe US intended diversity in DV lottery only and by mistake put it in DV, FB and EB.. you are entitled to your opinion, but good luck getting someone to take u seriosly with this argument
again..i only mentioned race when people kept saying we (certainly their race) are better and brighter, outside correcting that context i would never have discussed it this way.
peace.. have a soccer game now.. c u later
ivar
01-13 04:34 PM
Most important of all There are people (Legal) immigrants who have bought house recently and will have to sell adding more pain to the real estate market.
AILA should. I heard a lots of para legal staffs are already lost their jobs. Because there were less H1, and GC filings. Actually there is a huge economy based on immigration. If USCIS just changes the rules as they want that would affect lots of US citizens not just few immigrants.
Lets see which businesses/people are making money out of immigration related activities.
1) Attorney
2) Paralegal staff
3) Shipping guys (usps, fedex, etc)
4) Airlines (because immigrant workers has to visit their home country periodically)
5) Consulate
6) USCIS
7) Contractors in USCIS
8) Port of Entry/customs staffs
9) Notaries
10) Doctors/hospitals for getting medical clearance for 485, etc
11) Passport photo shops
12) Airport staffs
13) ....
AILA should. I heard a lots of para legal staffs are already lost their jobs. Because there were less H1, and GC filings. Actually there is a huge economy based on immigration. If USCIS just changes the rules as they want that would affect lots of US citizens not just few immigrants.
Lets see which businesses/people are making money out of immigration related activities.
1) Attorney
2) Paralegal staff
3) Shipping guys (usps, fedex, etc)
4) Airlines (because immigrant workers has to visit their home country periodically)
5) Consulate
6) USCIS
7) Contractors in USCIS
8) Port of Entry/customs staffs
9) Notaries
10) Doctors/hospitals for getting medical clearance for 485, etc
11) Passport photo shops
12) Airport staffs
13) ....
more...
kondur_007
01-13 08:45 PM
This indeed is a very bad news. It looks to me that someone is frying a bigger fish here...
If antis target the areas of immigration that are no "well defined" so far (H1b rules is one example, another could be AC21 same or similar job and yet another could be "permanent job" after greencard), it could create a lot of problems and may even practically shut down all legal immigration.
This will only increat outsourcing and actually hurt US economy and jobs...too bad that "blinded" politicians do not recognize this.
If antis target the areas of immigration that are no "well defined" so far (H1b rules is one example, another could be AC21 same or similar job and yet another could be "permanent job" after greencard), it could create a lot of problems and may even practically shut down all legal immigration.
This will only increat outsourcing and actually hurt US economy and jobs...too bad that "blinded" politicians do not recognize this.
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Canuck
02-13 10:19 PM
Besides that, immigration is a privilege not a right, so if the US wants diversity and limit per country immigration, it is their right to do so.
What rights did the Natives have in the 18th and 19th centuries when Europeans invaded their lands, and massacred most of them? Did they respectfully ask the Natives if they could immigrate? No? They walked in as if they owned this land. As a Canadian, I'm ashamed to say that this happened in my country too.
Never think of immigration as a privilege - think of it as your birthright - this is your planet and you have the right to go wherever you want. Get into that mentality instead of the groveling "Please sir, I want some more" mentality.
What rights did the Natives have in the 18th and 19th centuries when Europeans invaded their lands, and massacred most of them? Did they respectfully ask the Natives if they could immigrate? No? They walked in as if they owned this land. As a Canadian, I'm ashamed to say that this happened in my country too.
Never think of immigration as a privilege - think of it as your birthright - this is your planet and you have the right to go wherever you want. Get into that mentality instead of the groveling "Please sir, I want some more" mentality.
more...
delax
07-25 09:47 AM
IMO, both arguments and are valid as far as speculations are concerned. It all depends on perspective. In this thread, we are focusing on statistics and calculations. I my self did lot of calculations. However, objectively looking at Ron's comments, it appears like his concern and underlying message is what if USCIS won't adjudicate enough numbers and wastes visa numbers as it did lot of times. He is basing his prediction on years of experience. With recent pressure on DOS/USCIS to use visa number, I think, they are making an attempt to use up all numbers and that will definitely bring life to our calculations. But what If they do not do that.....and their 'target' is a low number.
What you say can certainly happen, but I beleive that the pressure on USCIS is exponentially greater after last summer. People are watching their every step very closely. They got away with their inefficiency in prior years because the bottleneck was not USCIS - it was DOL that took a zillion years to clear labor petitions. Additionally the visa recapture of 2000 ensured no retrogression until 2005. Even after 2005 there were very few 485's to approve because of a) very low perm applications/approvals in 2005 and early 2006 and b) all the 2003/2004 labors were stuck in BEC's and were approved only in late 2006 or early 2007 (like yours truly - mine was actually an RIR but the BEC classified it as Traditional Recruitment and began recruiting for the position - but thats another story).
Net net; USCIS inefficiency was masked under DOL's backlog - but now their transgressions are out in the open and they cant hide anymore behind DOL especially after last summer.
As much as Ron Gotcher has been accurate in the past, I think he is missing the point this time. At an ulterior level he needs to show USCIS in poor light because he only recommends CP for his clients. If I were his client and I hear him say that this year USCIS is different then I am bound to switch over from CP to AOS!
What you say can certainly happen, but I beleive that the pressure on USCIS is exponentially greater after last summer. People are watching their every step very closely. They got away with their inefficiency in prior years because the bottleneck was not USCIS - it was DOL that took a zillion years to clear labor petitions. Additionally the visa recapture of 2000 ensured no retrogression until 2005. Even after 2005 there were very few 485's to approve because of a) very low perm applications/approvals in 2005 and early 2006 and b) all the 2003/2004 labors were stuck in BEC's and were approved only in late 2006 or early 2007 (like yours truly - mine was actually an RIR but the BEC classified it as Traditional Recruitment and began recruiting for the position - but thats another story).
Net net; USCIS inefficiency was masked under DOL's backlog - but now their transgressions are out in the open and they cant hide anymore behind DOL especially after last summer.
As much as Ron Gotcher has been accurate in the past, I think he is missing the point this time. At an ulterior level he needs to show USCIS in poor light because he only recommends CP for his clients. If I were his client and I hear him say that this year USCIS is different then I am bound to switch over from CP to AOS!
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amitjoey
01-13 11:56 AM
Do not overanalyze any bill- All these bills are mere drafts until they come on floor for debate, and even after that they go thru amendments, rewriting, and the final bill comes out in most cases to be very different from the original. Even after the bill is passed in both houses, the committees that are responsible in reconciling the bill will tweak it and fine tune it.
This means that even good provisions can be deleted at any time during the debate, thru an amendment lobbied by the antis- if the EB Community is not vigilant.
To give you an insight: In Dec 2005, there was a line item in a bill that would have recaptured visas for EB applicants, the bill was passed � and at the last minute this provision was deleted.
IF you read through the provisions and the paper that IV created for lobby days in July 2010- Each one of the provisions and the underlying text that IV is asking for has been written with clear understanding of the issues EB applicants face- It is written in a way that if incorporated in any of the bills as an amendment- will give fair and balanced numbers to all categories -EB3, EB2.
So, regardless of which bill (Immigrant friendly) comes on the floor- IV will lobby to have this package included as an amendment. Or IV will lobby to get this inserted into the main bill.
So- Please, do not get worked up about EB3 vs EB2. OR India vs China vs World
The real work is to be vigilant about what bill has the chance to come on the floor and then lobby to get the amendments included.
There are bigger issues for our community- Not one immigrant friendly bill has come up for debate in the last 4 years (exception is the dream act). And here the IV Community is debating and fighting about provisions about one of 100 bills that might never see a chance on the floor.
The big battle is to advocate and lobby at grassroots to get a bill to come on the floor- persuade lawmakers to be cosponsors for a bill that will help us, and then when the bill is up for debate, we can talk about what we should include as amendments or insert in the main bill to make it fair for everybody.
This means that even good provisions can be deleted at any time during the debate, thru an amendment lobbied by the antis- if the EB Community is not vigilant.
To give you an insight: In Dec 2005, there was a line item in a bill that would have recaptured visas for EB applicants, the bill was passed � and at the last minute this provision was deleted.
IF you read through the provisions and the paper that IV created for lobby days in July 2010- Each one of the provisions and the underlying text that IV is asking for has been written with clear understanding of the issues EB applicants face- It is written in a way that if incorporated in any of the bills as an amendment- will give fair and balanced numbers to all categories -EB3, EB2.
So, regardless of which bill (Immigrant friendly) comes on the floor- IV will lobby to have this package included as an amendment. Or IV will lobby to get this inserted into the main bill.
So- Please, do not get worked up about EB3 vs EB2. OR India vs China vs World
The real work is to be vigilant about what bill has the chance to come on the floor and then lobby to get the amendments included.
There are bigger issues for our community- Not one immigrant friendly bill has come up for debate in the last 4 years (exception is the dream act). And here the IV Community is debating and fighting about provisions about one of 100 bills that might never see a chance on the floor.
The big battle is to advocate and lobby at grassroots to get a bill to come on the floor- persuade lawmakers to be cosponsors for a bill that will help us, and then when the bill is up for debate, we can talk about what we should include as amendments or insert in the main bill to make it fair for everybody.
more...
gjoe
02-15 09:38 AM
Modern Day Slavery in the 21st century
Any person who is restricted from making travel choices, employer choice, personal choices beneficial to himself and his family, just because his employer or the goverment is restricting him in some form to make monetary benefit for itself, is called a slave.
I have reached the critical mass in me to take this up on my own, any legal advice and moral support from you guys would be appreciated.
Thanks
The current situation is a gross voilation of the constitutional right of employment at will. This amounts to Involuntary servitude which is a more techincal term for slavery. Read yourself the definition of both and make your own judgement.
In my view (though crazy and totaly impractical) the law suit should be against all the employers because they are the one who represent Govt/USCIS in processing our Green cards. Employers told us that we will process your greencard and you will be a PR in x number of years and now that x is infinite.
http://en.wikipedia.org/wiki/At-will (http://en.wikipedia.org/wiki/At-will)
At-will employment is a doctrine of American law that defines an employment relationship in which either party can terminate the relationship with no liability if there was no express contract for a definite term governing the employment relationship. Under this legal doctrine:
“ any hiring is presumed to be "at will"; that is, the employer is free to discharge individuals "for good cause, or bad cause, or no cause at all," and the employee is equally free to quit, strike, or otherwise cease work.
http://en.wikipedia.org/wiki/Involuntary_servitude :
Involuntary servitude is a United States legal and constitutional term for a person laboring against that person's will to benefit another, under some form of coercion. While laboring to benefit another occurs in the condition of slavery, involuntary servitude does not necessarily connote the complete lack of freedom experienced in chattel slavery; involuntary servitude may also refer to other forms of unfree labor. Involuntary servitude is not dependent upon compensation or its amount.
Any person who is restricted from making travel choices, employer choice, personal choices beneficial to himself and his family, just because his employer or the goverment is restricting him in some form to make monetary benefit for itself, is called a slave.
I have reached the critical mass in me to take this up on my own, any legal advice and moral support from you guys would be appreciated.
Thanks
The current situation is a gross voilation of the constitutional right of employment at will. This amounts to Involuntary servitude which is a more techincal term for slavery. Read yourself the definition of both and make your own judgement.
In my view (though crazy and totaly impractical) the law suit should be against all the employers because they are the one who represent Govt/USCIS in processing our Green cards. Employers told us that we will process your greencard and you will be a PR in x number of years and now that x is infinite.
http://en.wikipedia.org/wiki/At-will (http://en.wikipedia.org/wiki/At-will)
At-will employment is a doctrine of American law that defines an employment relationship in which either party can terminate the relationship with no liability if there was no express contract for a definite term governing the employment relationship. Under this legal doctrine:
“ any hiring is presumed to be "at will"; that is, the employer is free to discharge individuals "for good cause, or bad cause, or no cause at all," and the employee is equally free to quit, strike, or otherwise cease work.
http://en.wikipedia.org/wiki/Involuntary_servitude :
Involuntary servitude is a United States legal and constitutional term for a person laboring against that person's will to benefit another, under some form of coercion. While laboring to benefit another occurs in the condition of slavery, involuntary servitude does not necessarily connote the complete lack of freedom experienced in chattel slavery; involuntary servitude may also refer to other forms of unfree labor. Involuntary servitude is not dependent upon compensation or its amount.
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gc_lover
06-28 12:52 PM
it is fine to fedex on saturday or not..Please let me know. I have to call my lawyer.
Yes it is fine.
Yes it is fine.
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amsgc
12-19 07:40 PM
PD and EBI/II/III shlould be ad to the above list.
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ramus
06-28 05:19 PM
I just did same.. I just asked to make sure we are filing on first day..
ok u guys have forced me to pose the same question to my HR/Attorney...awaiting response.
ok u guys have forced me to pose the same question to my HR/Attorney...awaiting response.
more...
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logiclife
06-26 12:21 PM
Yes, the august bulletin will be showing retrogressed dates. But when August bulletin is issued in mid-July, it does not impact the petitions received in July, because the August bulletin applies to August and even if August is retrogressed until 1975, they still have to accept 485s until 31st July.
That's what your lawyer said. Right?
That's what your lawyer said. Right?
dresses in linguistic fireworks to
Rb_newsletter
01-18 08:49 PM
Still Desi companies are not following Labor laws.
I know a company in OHIO still exploiting H1Bs......but payroll being generated....
Hmmmmmm......USCIS this is not enough.
If you know a company report it to USCIS directly or post the details here, we will report them to USCIS. By posting this kind of annonymous, baseless complaints in forums, you are making genuine H1s look like bad.
Everywhere there are bad elements. History showed that there were corrupt senators/congress man. So do we have to penalize every senator and congressman? Should we shut the doors of the legislative assemblies and stop the elections?
People choose to work for consulting company, because no law said it is illegal. People choose to work in consulting, because we can meet different people and learn different verticals. And in IT, consulting is the main business model. Even if the application is developed in-house, the department that uses the software is called internal customer. If we can work for internal customer legally, whats wrong in working for external customer.
No business can evolve without customers. If IT consulting has grown up to this level, that means businesses welcomed consulting.
I know a company in OHIO still exploiting H1Bs......but payroll being generated....
Hmmmmmm......USCIS this is not enough.
If you know a company report it to USCIS directly or post the details here, we will report them to USCIS. By posting this kind of annonymous, baseless complaints in forums, you are making genuine H1s look like bad.
Everywhere there are bad elements. History showed that there were corrupt senators/congress man. So do we have to penalize every senator and congressman? Should we shut the doors of the legislative assemblies and stop the elections?
People choose to work for consulting company, because no law said it is illegal. People choose to work in consulting, because we can meet different people and learn different verticals. And in IT, consulting is the main business model. Even if the application is developed in-house, the department that uses the software is called internal customer. If we can work for internal customer legally, whats wrong in working for external customer.
No business can evolve without customers. If IT consulting has grown up to this level, that means businesses welcomed consulting.
more...
makeup Animated Fireworks,
aka
12-13 11:50 AM
Discrimination in employment based on nationality is not allowed. However, can we extend the argument to the employment based immigration? We can always choose to take that promotion though we will lose our place in the queue.
Leaving the question of fairness aside, under the current legal framework my guess is we do not have a case.
This is a very interesting angle... even though on the surface it looks like we have a choice in taking that promotion and losing our place in queue, it is not really a choice. Do this a couple of times and your six years on H1-B expire, you basically have to leave your job and go back to your country. So taking a promotion is eventually a dead end. I think by extension, we can legally argue that this per-country based quota system is really (inadvertently) leading to discrimination in our employment based on nationality (which is unconstitutional).
Leaving the question of fairness aside, under the current legal framework my guess is we do not have a case.
This is a very interesting angle... even though on the surface it looks like we have a choice in taking that promotion and losing our place in queue, it is not really a choice. Do this a couple of times and your six years on H1-B expire, you basically have to leave your job and go back to your country. So taking a promotion is eventually a dead end. I think by extension, we can legally argue that this per-country based quota system is really (inadvertently) leading to discrimination in our employment based on nationality (which is unconstitutional).
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Macaca
07-04 09:23 AM
Originally Posted by Macaca ( add ons from forum in red)
I am trying an outline for sending to media + lawmakers + ...
I meant a scan of the other 100 page thread Breaking news. I did not follow that thread and it has lot of issues. Please summarize issues mentioned in Breaking News thread here.
I will add issues from this thread! thanks
I am trying an outline for sending to media + lawmakers + ...
I meant a scan of the other 100 page thread Breaking news. I did not follow that thread and it has lot of issues. Please summarize issues mentioned in Breaking News thread here.
I will add issues from this thread! thanks
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eb3retro
07-26 10:39 PM
arkbird, I cant help but LOL on your post. Thank you, you made my day. Good response.
Here is one potential answer...
Yes, you will retire at 40 because no self-respecting person will come near you let alone hire you so I guess you will have to retire and that $xxxx/per month, please feel free to replace it with disability (of course mental!) benefits from your state! ;)
ArkBird
I am not with Amway or Quixtar but I think the folks with Amway/Quixtar are under represented on this thread and it's not fair :-)
Just to add another dimention to this thread I will play the devil's advocate :D
Here I go ...
You guys are all wasting your free time bitching on this thread where as we are spending all our free time growing our business. We will retire early as we would make $xxxx/month for nothing when we turn 40 and dont need to work anymore where as all you guys bitching about Amway / Quixtar will still be working hard at your jobs till 60.
What's your response ?
:D:D:D:D
Here is one potential answer...
Yes, you will retire at 40 because no self-respecting person will come near you let alone hire you so I guess you will have to retire and that $xxxx/per month, please feel free to replace it with disability (of course mental!) benefits from your state! ;)
ArkBird
I am not with Amway or Quixtar but I think the folks with Amway/Quixtar are under represented on this thread and it's not fair :-)
Just to add another dimention to this thread I will play the devil's advocate :D
Here I go ...
You guys are all wasting your free time bitching on this thread where as we are spending all our free time growing our business. We will retire early as we would make $xxxx/month for nothing when we turn 40 and dont need to work anymore where as all you guys bitching about Amway / Quixtar will still be working hard at your jobs till 60.
What's your response ?
:D:D:D:D
k3GC
07-03 05:06 PM
We have used Web fax in the past, I had also read in a different thread that it (faxes to senators) is how things work here. there were reports of how other groups had used and sent more web faxes than us etc etc ....
Why dont we do that now.
Fax to every senator, include the congress womans letter
Make an IV statement supporting the congresswoman
Lot of people will join the fax campaign
Let us try multiple avenues - Lawsuit , blogs, faxes, media etc etc.
Let us create as much noise as we can
Please enable the web fax.
Why dont we do that now.
Fax to every senator, include the congress womans letter
Make an IV statement supporting the congresswoman
Lot of people will join the fax campaign
Let us try multiple avenues - Lawsuit , blogs, faxes, media etc etc.
Let us create as much noise as we can
Please enable the web fax.
jkays94
05-25 12:28 PM
At what stage do you have to prove funds? Is it in the form of bank statements?
Yes, certified/notarized bank statements or letters. In my case a 3 line letter on bank letterhead from my bank stating the holdings in the bank was sufficient. It is a good idea to demonstrate this at the beginning of the process. I know of someone who did not have all the funds at once and they wrote a letter explaining that they had $x amount at the moment (which he showed by way of a bank letter) and that by the time his application was to be finally decided he would have the full amount. After his initial assessment, he received a letter asking for his medicals and updated financials. His process completed in 9 months.
Yes, certified/notarized bank statements or letters. In my case a 3 line letter on bank letterhead from my bank stating the holdings in the bank was sufficient. It is a good idea to demonstrate this at the beginning of the process. I know of someone who did not have all the funds at once and they wrote a letter explaining that they had $x amount at the moment (which he showed by way of a bank letter) and that by the time his application was to be finally decided he would have the full amount. After his initial assessment, he received a letter asking for his medicals and updated financials. His process completed in 9 months.
