Friday, August 5, 2011

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  • ujjvalkoul
    06-26 01:54 PM
    I wish this thread would be closed...the word runour onthe main page looks scary...!!!!





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  • sai
    02-06 12:46 PM
    I dont think there will be a change to already in pipeline cases. Lets wait and see .:)





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  • vdlrao
    08-15 04:33 AM
    Seeing Sep 2008 bulletin I felt happy:). I presume in October 2008 bulletin the EB2 India/china Priority dates go back. But its a mild retrogression for a short span of time. After that the dates start catching up current again. EB2 India becoming current is inevitable.

    We need a legilation change for any considerable movement in EB3 India. I am presuming in the next two years there will be considerable changes in EB category immigration which directly relief EB3 India.




    mpadapa has given almost exact count on EB limit for 2008.

    http://immigrationvoice.org/forum/showpost.php?p=265989&postcount=90





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  • skrish
    09-25 11:48 AM
    The logic is that you are 'putting down roots' by buying a house. If all it takes is proof of closing a mortgage, one could always turn around and sell the house. somethng like that would undermine the credibility of IV in the medium/long run.

    I had initially advocated treating first time home buying as the same as marriage to an American citizen. In my opinion, that is a short,sweet,simple and sensible approach to follow that will also resonate/stick in lawmakers minds (rather than a long,rambling letter, no offense meant to the writers, it was quite well put together).



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  • BharatPremi
    12-14 04:57 PM
    Simple. If it wasn't for that ceiling the vast majority of the visas will go to applicants from the oversubscribed countries. Now this is not a bad thing if the visas are in unlimited supply. But since that's not the case, the country ceiling ensures that even people from smaller nations will get an equal oportunity to claim a visa before all the visa are grabbed by their BIG brothers and sisters. And what's more what ever is left is given back to the oversubscribed countries.

    How can you call that unfair? Is it fair to deprive a person from a smaller country, equal chance to have go at his GC?

    Lasantha,

    You are fond of "Ceiling", Good. Provide me a solution with a goal not to hurt progress march of US economy in following imaginary Scenario without changing current EB immigration laws:

    Assumption 1:Whole EB Bus starts with year 2009 - no backlog for ANY
    COUNRTY - USCIS does not have any kind of administrative
    mess - Situation in USCIS is such that moment it find work, it
    will send flower to you for keeping them busy. - US industry
    exactly need 140000 skilled and highly skilled people from outside
    world as within US they have shortage of exctly that number.
    and it can not afford a single person less than that to keep
    economy at balanced level.

    Assumption 2: India can provide 35000, China can provide 50000, Britain can
    provide 4000, Sweden can provide 2000, Saudi Arabia can
    provide 1000, Sri Lanka can provide 4000, Thailand can provide
    500, Pakistan can provide 5000, South africa can provide 5000
    ,Bangladesh can provide 1500 and rest 32000 from Europe
    (other than Britain) and each of above country cannot provide
    more labor that what is mentioned here. And other unlisted countries
    do not have any skilled persons to provide (This is assumption.. DO not go after me...:))

    So whole world together is ready to provide 140000 labor to US. With current laws tell me what will happen to US economy? Will US Industry be able to get all 140000?

    Will you still be trumpeting "Ceiling" drum?





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  • unitednations
    02-13 03:03 PM
    I am not saying 7% is not applicable for recaptured numbers. EB3-ROW was current while EB3-IN,Ch retrogressed in 2005.

    Again 7% is not a quota or minimum or maximum. It is a guiding tool to avoid monopoly (not to prevent) for fist two months in a quarter and gave the remaining number to third month. It is not meant for reservation.

    As you said Bangaldeshies can not raise flag they as have not consumed 7% quota. Therefore one can not argue that Bangladesh-EB3 should be "current".

    At the end, first-come first served should prevails.


    The 7% is a maximum.

    They do not have to go to 7% if they don't want to. However; they can't go over it; if there is more demand then supply.



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  • vjkypally
    09-17 04:00 PM
    October bulletin has already moved to Jan22'2005. From other tracking sites there are not too many Feb'2005 applications. But we have plenty of March 2005 applicants. Once it crosses March it will zoom ahead to end of 2005.

    But it could be September 2010 by the time it comes to March,2005.





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  • unseenguy
    08-16 02:31 PM
    Does our people have the balls to do that?

    Thats the problem, our people dont have balls.



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  • shirish
    07-14 01:30 PM
    Hi,

    I applied for I-485 for myself , my wife ans son, on July 27th 07 (Thi sis the receipr date), My lawyer did not send the medical reports with the application. Currently the reports are with him. Medical exam was done on July 18 07. My PD will be current in Aug 08(as per the bulletin). I am sure i will get an RFE for the medical reports, and most probably it wil come in AUG 08 or later.
    My question is, do i need to go for medical exam again , or can my lawer send the reports that he has with him to USCIS in reply to the RFE? I am confused since, by the time i get the RFE, the reports would be more than 1 year old.

    -Shirish





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  • logiclife
    06-28 05:04 PM
    In that AILA reference of EB3 others for june... DOS asked USCIS that visas are exausted..it wasnt USCIS directly jumping to conclusions.

    my 2 cents..




    Still, just because DOS told USCIS "Visas are exhausted" doesnt mean they should stop ACCEPTING new petitions. They can stop APPROVING new ones, but why stop ACCEPTING new petitions. Visa bulletins guide the filing as well as approval of petitions. If visa bulletins is current, then they can both accept and approve petitions.



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  • tiger94
    09-22 09:36 PM
    Hi,

    I am in a somewhat complicated situation.
    My original H-1B status began 7/1/2008.
    My original I-797A states valid date of 7/1/2008 to 6/30/2011.
    This was with "Postdoctoral Research Associate" as job title.

    However, my department offered me a "Visiting Assistant Professor" position,
    and filed an H-1B Amendment, due to increase in salary.
    Because the offer is only until May of 2009,
    my new amended I-797A states valid date of 9/1/2008 to 5/31/2009.
    So the amended dates are "nested" within the original dates.
    They plan on doing another amendment back to my original status if the need for my lecturing is no longer needed in the department.

    I am planning to go to my home country in December to get my visa stamped. Which I-797A do I submit to the U.S. Embassy?
    My wife is also planning to come with me.
    She will try to get her visa stamped with her I-797A which as a
    valid date of 7/1/2008 to 6/30/2011.

    Will the embassy look at my most latest I-797A and give me a visa
    that expires on 5/31/2009? I was hoping that there was some way for them to consider the old I-797A and give me the full 3 years up to 2011.
    I'd appreciate it you could give me some advice.

    Thanks in advance!!!





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  • krishna.ahd
    02-14 04:11 PM
    Hi Unitednations
    I am reading your current and past posts recently.
    Seems like you have enough information ( may be insider info also) regarding Retro and Gc process.
    What is the practical solution short term and long term , Not what we like to have , i am looking for what should be ??
    Out of Goal from IV , what is practically achievable ??

    Thanks in advance for your comments



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  • gc28262
    01-16 01:51 PM
    victimOfGc,

    The point you are forgetting is you are writing in a public forum. It is not just IV members that are reading this forum. Anti-immigrant racists are closely watching this forum. They will take all the negative things you said about YOUR company, stereotype all companies and slap a memo or bill on you. That is exactly what has happened now.

    By your emotional outburst you are not fighting this non-sense memo or unruly POE officers who is obviously acting beyond their authority, you are providing fodder to ant-immigrants to screw us further.

    Don't ever think that these lawmakers are here to provide justice to H1B guys. They are trying to kick us out. They are working in tandem with many anti-immigrant organisations to screw us.

    Please do one of the following google searches to understand more

    1. H1B + sanders
    2. H1B + grassley
    3. H1B + durbin

    Let wisdom prevail.





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  • longq
    02-13 06:17 PM
    As a business person; I don't agree with country limits. I understand why they are there but I don't think they should be.

    Continuous recapture of unused visas is a good goal. It makes sense and isn't a controversial topic.

    Regarding: Goals - very few people look out for the greater good of everyone. I myself think if I was looking out for the greater good of everyone; I wouldn't focus on EB relief but rather other areas of immigration (greencard holder spouse issue; dream act, undocumented, etc.). Don't jump on me for saying this but I had written in another posting that of all the people who are disadvantaged with immigration; it would appear that eb candidates are the least disadvantaged of all.

    In my view, EB are more disadvantaged in current situation. For a young person with PD 2006 (EB3-India) having approved 140, cannot imagine to file a 485 before he retires. Is it practically possible for him/her to maintain employer-employee relationship till him/her able to file 485? Is it make any sense, condition of LC/140 will hold well after 20 years, when a visa number available to him/her?

    In family based system, even after 20 years brother-sister or parent-child relationship will be maintained. No need for them to worry about 130 withdrawal of sponsor. In most family based immigration, chain migrants are coming to USA not for family-reunification; they are coming for work/job. There is no labor certification for them.



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  • lazycis
    02-13 12:38 PM
    And how do you support that argument please ?

    8 USC 1152(a)

    (2) Per country levels for family-sponsored and employment-based immigrants
    Subject to paragraphs (3), (4), and (5), the total number of immigrant visas made available to natives of any single foreign state or dependent area under subsections (a) and (b) of section 1153 of this title in any fiscal year may not exceed 7 percent (in the case of a single foreign state) or 2 percent (in the case of a dependent area) of the total number of such visas made available under such subsections in that fiscal year.

    (3) Exception if additional visas available
    If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 1153 of this title for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.

    5) Rules for employment-based immigrants
    (A) Employment-based immigrants not subject to per country limitation if additional visas available
    If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 1153 (b) of this title for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
    (B) Limiting fall across for certain countries subject to subsection (e) of this section
    In the case of a foreign state or dependent area to which subsection (e) of this section applies, if the total number of visas issued under section 1153 (b) of this title exceeds the maximum number of visas that may be made available to immigrants of the state or area under section 1153 (b) of this title consistent with subsection (e) of this section (determined without regard to this paragraph), in applying subsection (e) of this section all visas shall be deemed to have been required for the classes of aliens specified in section 1153 (b) of this title.





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

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

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

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

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



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  • ak_2006
    05-29 04:03 PM
    Folks - here is the thing. lets work towards fixing our issues.

    If people feel USCIS must know about EB1 fraud or other stuff, there are enough people to write to them and if people want to write to USCIS - no one stops them from writing.

    As such, so many people write about different things - people write about eb2 - people write about consulting companies etc... So if you wish to do what you want to do you can do it.

    Remember - when you make a claim that someone is falsfying or breaking law you must present facts and explain properly as to why you think it is not right and why you think you are affected by this.

    Now when you do this - someone can definitely write why they think what YOU are doing is not right and why there are issues with your application.

    IV focuses on advocacy - together we resolve our issues. Things like employer not paying salary, employer benching, cheating etc... are things IV members must collectively deal with andhelp themselves.

    Things like wrongful denials when used AC21, poor customer service etc... are ones IV members can collectively resolve and IV helps

    Things like organizing grassroots efforts, job networking, help networks, lobbying etc... are the kind of things IV stands for.


    I completely agree with you.





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  • polapragada
    09-24 12:12 AM
    I like this idea. And will support it. ANd write the E-mail





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  • GCwaitforever
    02-14 12:50 PM
    Let us get started with legal opinion of Rajiv Khanna. I believe we have strong grounds for the class action law suit for past sins of USCIS - not utilizing full capacity of VISAs for GC processing. That is defintely operational inefficiency. But USCIS might claim that this may never happen again now that the name check requirement is waived off after 180 days.

    Around 80 people voted for the law suit. I am willing to contribute $10 thru Paypal on my part. Please pitch in to make it $600 for the consultation. Then one of the folks in DC can get in touch with Rajiv.





    NNReddy
    06-15 07:52 PM
    I am certainly hoping that I will get by EOY 2011. It's more than hope, I feel pretty confident that by that time I should get it. Just mark my words, come back on dec 31, 2011 and check with me. You have to believe before you get it. Have faith guys. Sooner or later the man who wins is the one who thinks he can!!!!





    user1205
    02-15 04:46 PM
    For the most part I think you're right. When I did my master's we were less than 10 white people in 200 in that major. Most of the indian people in there (about half of the 190) were H4s studying while the spouse came on H1 directly from India. And while I had to pay international tuition they got the in state resident tuition.
    When I finished my degree might I add in the top 5 of those 200 I had a hard time finding a job while my colleagues each knew someone who helped them land a job a lot easier. I did ok for myself in the end and I have many Indian friends so don't take this as an anti-indian post. But there are definitely advantages to be part of a big group that is concentrated in an industry.

    That being said, I don't think that we would be having this discussion in a normal world in which the GC numbers are enough. So stop the bickering and work towards increasing those numbers. That will make life easier for everybody.



    The reason we have greater supply of workforce in IT from one specific country is not because of skills or talents. Almost every IT workers from ROW and China came to the US as a foreign student after TOEFL, GMAT, GRE, internship and only then landed a job in IT. Whereas the preponderence of IT workers from India came here through L1/B1/H1 sponsorship through bodyshops. Attending school, preparing for generalized tests requires time, money and patience. This is one big factor why the supply curve is skewed.