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  • gondalguru
    07-15 11:09 PM
    Some one has done a very good analysis in this thread.

    http://immigrationvoice.org/forum/showthread.php?t=4285&page=107

    Here is copy and paste of the post by gcobessesed

    ----------------------------------

    Reading this post and the Ron Gotcher numbers, I see some answers for the pending India backlog number question and a silver lining for EB2.

    Quote:
    Originally Posted by drirshad View Post
    (Quoting Ron Gotcher) The CIS backlog does not appear to be as serious as I had been told previously. Rather than 600,000 pending employment based AOS cases, it is likely less than 400,000 pending cases.
    Quote:
    Indian applicants make up approximately 40 to 45 per cent of the entire employment based quota backlog
    Therefore, about 160,000 applications are pending for India!

    As we have seen before, EB3 and EB2 are almost the same proportion for India with EB3 being slightly higher. So, about 85,000 for EB3 and 75,000 for EB2 are pending.

    Quote:
    Mr. Oppenheim explained that while the Visa Office initially took the view that visa numbers had to fall down into employment third preference before the could fall across to the individual country quotas, but after further review, additional legislation, and consultation with Congress, they concluded that they have to allocate the fall across within individual preference petitions first.
    This means, EB2 will get all unused EB1 visas and EB3 will only get 1/3 of the total 140,000 employment based visas (and 7% per country) until EB2 becomes current.

    Also, because 40-45% of the applications are from India, we can assume 40% of the yearly EB1+EB2 *may* be applied to EB2 India. i.e. approximately 35,000 visas per year for India EB2!!!

    Putting this in perspective with the pending 75,000 EB2 India applications, we should see all of them approved in the next 3 years. i.e. If your EB2 India priority date is in early 2007, then your I-485 will be approved by 2011, which is fantastic!

    If you assume a uniform distribution of applications between Apr 2004 and Apr 2007 (say), it is straightforward to calculate when your date might become current in the next 3 years.

    So, according to this, the cut-off date for EB2 India should move towards end of 2004 in the Oct/Nov bulletin. If that happens, then the above argument will be validated.
    __________________


    I am very confident that EB-2 india will become current in about 14-18 months.





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  • immigrationvoice1
    02-15 04:45 PM
    Talking about diversity, those not familiar should take a look at an Indian currency note.

    Maybe someone can scan and post one, I don't have any Indian note with me. You will see around 20+ languages on it. You can tell its different languages because they use different script unlike say German and French (except for the accents/umlaut). Actually the number of languages are much more than shown on the notes. For whatever reason AFAIK only languages with distinct script are classified as languages in India, others are called dialects. These dialects are actually languages because they are not dialects of anything (For example in this definition, lot of European languages will be classified as a single language because they use Latin script).

    The point is unlike what outsider might think there is as much if not more cultural, ethnic, linguistic differences between a Gujarati and a Tamil Indian as between a German and a Portuguese European.

    So how much favor I will carry with a Malayali (no disrespect to anyone from Kerala) is debatable.

    ....completely!





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  • deafTunes123
    08-02 06:54 AM
    I don't think that search is giving the accurate info. I know at least 10 Amway guys by name in my neighbor hood (you can guess how many... many... times I've been tortured) and none of their names is appearing. May be it is giving the names of those silver or what ever their hierarchy is.

    Its a good info to catch and hopefully its useful.

    Guys! This is getting interesting. Guess what I found!! Now you can find out the names of your local friendly Amway Independent Business owners!!!

    Go to https://www.amway.com/Shop/Registration/CustomerRegistration.aspx?Country=US

    Scroll down to the section titled "Benefits of Being Affiliated with an Independent Business Owner", select "Show me a list of IBOs in my area that I can select from".... put your zip code and voila!!!!

    I put my own zipcode 94536, and most of the names are desi. Confirms my suspicion that there are more desi's sucked into this than........

    Now post what you find in your area!





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  • logiclife
    02-12 01:17 PM
    I have seen this dog and pony show one too many times. Every year, people think that next year's quota of 140,000 will cause the dates for India and China to go forward in the October Bulletin. October will be the end of misery.

    Each year, in October bulletin, for India/China EB3, the dates are either stagnant or they go back to 1998 or 1999.

    The thing is, as long as there is this per-country quota rationing of green cards, ROW folks will keep moving to the HOV lane and each year, in Oct to Dec timeframe their dates will get current and they will get GCs.

    And each year, the dates for India and China will keep yo-yoing between 1998 and 2002, will never move forward, because if per-country limits are applied to 140,000 greencards, then there is very very little leftover that flows to India/China.

    So without an increase in Quota or without removal of per-country discrimination, nothing is going to happen either in Oct 2008 or Oct 2009 or Oct 2010. It will keep fluctuating between 1998 and 2002. That is the bracket for India and China.



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  • _TrueFacts
    09-04 06:19 PM
    Now I think new people are running IV.
    Aman Kapoor (Walden Pond) is not controlling now. That is the reason these idiots have got the admin previlages. Now they do nothing worthwhile. Bunch of jockers.

    dealsnet,

    Don�t assume that things will work like they work in YSR regime.

    If you think that, the discussion does not make any sense to you then keep away. You are assuming that IMV has compromised security. FYI, this is not a YSR forum, nor it his jagir to do a security compromise.





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  • _TrueFacts
    09-03 11:00 PM
    breddy2000,

    Stick to the point, on YSR. Or open a thread on your favorite topics.

    AP has seen an unprecedented political killings, govt and personal land grabbing, corruption, and opportunistic politics just for one man thirst YSR.

    It’s better to have none than these factionist gundas. As for my id, yes just for this and more and it should not matter you. If you have point, talk about it, otherwise just shut up and don’t preach like YSR’s family member that “Someone or something is better than none”



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  • JunRN
    09-23 02:34 AM
    I like the idea and I support it. Just want to make sure that we offer something that is acceptable to both Rep. and Dem.

    At first sight of this proposal, those who oppose "non-quota" migth turn off immediately and not be open for further discussion. Imagine, even investor visa has quota of 10,000 per year.

    I agree that the current situation might change their minds. This proposal is better than doing nothing at all. I, myself, is not yet buying a house until I get my GC or atleast be sure to get one in the near future. I am worried though that my bank savings will go to drain.





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  • Lasantha
    12-14 04:48 PM
    I did not mean sector. I was refering to his statement about people from one country monopolizing the visas.

    I am sorry but I still cannot see how a 7% per country upper limit criteria allows any one sector (say IT) from monopolizing all the available visas



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  • bestofall
    07-14 09:46 AM
    Hi Attorney ,

    Thanks for your service.

    Iam July 2 2007 485 Filer ( EB2 - March 2005 India).
    I have received EAD & AP . Even we renewed our EAD and received Approval.

    but My wife & my self have not received BioMetric Appointment for 485 or EAD.

    As per August 2008 bullietin , Our PD will be current ...

    what will be the impact on 485 Approval , of not having BioMetric Appointment scheduled , even after 1 year of 485 filiing..

    Thanks again
    Bestofall ..





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  • sreeni.k
    06-12 06:13 PM
    Dillip good luck with your new challenge man. I understand you are currently in a difficult situation hope you will come out of it. Just one note though. Having graduated from a top school doesnt give anybody a right to top pay check and job security. I myself an IIT grad with a PhD from US- currently with Intel. I was expecting everybody to lap me up right out of undergrad. All I got was a chance. I learnt my ways- u have to demonstrate your skills today and dont expect a 10 year old paper diploma to make your living. Anyway I am also in a 485 EB2 Q. I am not fretting though- if it comes its a bonus for me, but doesnt change anything for me. I will still live in same home, get same pay, drive same car and get my patents published with same skills. :D



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  • soljabhai
    12-14 09:28 AM
    It is not the case that a law cannot be challenged. All the authority of the various government branches (legislative, judicial and executive) is derived from the powers created in the constitution. So even if congress creates a law and president signs it, it can still be challenged if it is found to be contradicting with the constitution from which the government branches derive their authority.

    If that was not the case then "Separate would still have been equal" and we would have still been living in a divided society with whites having different schools, hotels and theaters than everyone else. The Supreme Court ruled that "Separate cannot be equal" and all the laws for separating the different ethnicities immediately became unconstitutional and hence invalid.

    The question is not that whether any law can be challenged but whether this rule regarding per country ceilings can be. Only a constitutional expert can answer that question.





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  • snathan
    01-15 04:07 PM
    You are talking about unity of Indian . Just do a survey here and find out how they feel when being interviewed by AN INDIAN ? How Indian help Indian in any office ?I assume that Most of us don't like to see another Indian in USA and accordingly plan my course of action.
    BTW it does not matter what we like or don't like , they will do what they want. Just read how MBBS import program was phased out ?How civil engineer import program were phased out ? We have to accept this realty that one day this H1B program will be stopped .

    I really doubt that you are from losers guild....?



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  • coopheal
    06-11 09:32 AM
    Can someone put the numbers for EB2 similar to already entered EB3 numbers on wiki
    EB3 numbers - EB3 Movement Tracking - Immigration Wiki (http://immigrationvoice.org/wiki/index.php/EB3_Movement_Tracking)
    EB2 numbers (needed) - EB2-I USCIS Data - Immigration Wiki (http://immigrationvoice.org/wiki/index.php/EB2-I_USCIS_Data)





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  • Marphad
    03-29 08:21 PM
    My point is that a person/politician should be judged by the actions/governance and not their lineage. Congress is corrupt like most parties and that discussion is valid (though I would rather see this forum only used for immigration matters...).
    I can certainly provide hundreds of links to make this a dividing post but I dont have a propensity for it. My point was to a show a mirror to people who post some ridiculous posts but get away since they seem to be in the majority or atleast seem to be the loudest. Using the measures of US, a lot of what is said in non-immigration matters on this forum would be deemed so racist.
    As for Kashmir hindus, I truly wishes Justice is done to them. They are the Children of kashmir. Just like I wish justice is done for every person in India whether the crime be done by extremists or State actors. As for the non-existent discrimination of minorities, I hope you are right but trying to silence people who raise such issues is no way to provide justice. Even to this day, discrimination against blacks is a matter of grave concern in this country. A strength of a society/democracy is the treatment of the weakest/minorities.


    And what is the qualification of Rahul or Sonia other than being so-called Gandhi-Nehru?



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  • conchshell
    07-29 02:41 PM
    I think the idea being circulated by the Ron and Murtys of this world that DOL pushed out the dates to get CP to use up the numbers that USCIS is incapable or unwilling to use seems to go down the drain I don't think DOL cares about 100 odd visas that much.:)

    Exactly .. that was the purpose behind taking a rough count of CP filers scheduled for GC stamping at US Consulates in India. With the data we have, Ron's argument does not carry much wait.





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  • samay
    07-15 07:09 PM
    Hi,

    I found that priority date field on my I-140 receipt is empty. Will this create any problem??
    I filed concurrently lasy july and MY PD will be current next month. I applied at NSC but got transferred to TSC.

    Thanks for the answers
    Your priority date is the date of your filing of your labor certification. Therefore, lack of the priority date on your I-140 receipt should not matter. Best of luck!



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  • tikka
    07-04 01:00 PM
    As you know, spouse and minor children's applications for AOS are filed with Primary Applicant. Minor children are those under 21 years of age. Once the child turns 21, they are no longer eligible to file AOS wih primary applcant. However, there is a Child's Protection Act that allows the time that it takes (# of days) to process the I140 to be subtracted from the child's age when he /she turns 21. Example - if it takes 128 days to process the I140, the child turns 21 but is considered 21 years minus 128 days. Provided you can file AOS in within 128 days of the child turning 21 then he/she is considered a minor.
    The key is being able to file the AOS. That "stops" the clock. Technically, the child's AOS should be adjudicated by 21 and there is an opportunity to expedite the application for this very reason. From what I understand however, as long as the AOS is filed, the clock stops ticking. That is what every lawyer we have used along the way has told us.

    MACACA - pls see your PM...





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  • rajsenthil
    09-04 12:24 PM
    1. Rasu Devan
    2. Kenkai ammal
    3. Gandhi mathi (lady only).

    Please all do pray for the poor souls.

    My condolence to them. But I beg to differ that people dying unnecessarily is not a good sign of development.

    Let their soul rest in peace.

    Edited: Ooops, I think misread your post.





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  • surabhi
    07-17 11:45 AM
    Is it accurate to say that new way of allocating spill over visas effectively acheive same effect as eliminiating country limits?





    unitednations
    02-18 08:29 PM
    start from the bottom as that was the first e-mail. I took off identifying information and financial info. for obvious purposes:

    -------------------------------

    Dear xxxx

    Thank you very much for your quick reply. I talked to the family and advised them that the best way to proceed is you the doing the ability to pay part. They are talking to some people to get the money together. I will call them back after 4PM. Can we pay by debit card, or check or money order? Time is of the essence because of the B2 expiration on 2/11/07. I have the labor certification, (the one I printed off the website, we did not get the signed one from them yet, but it is the same). I have the 2005 tax return. I need to get the bank statements. Can I fax those to you? I also have something like a financial statement for 2006. If the numbers don't add up, you can still help us?

    Thank you so much for helping us. I know you are very busy.


    xxxx

    xxxxwrote:
    Most CPA�s don�t do audited financial statements. Reason is that there is a lot of things from a regulatory point of view that CPA�s have to keep up with in order to do audits. For this reason, most cpa�s won�t do them.

    An audit is a big thing; it is not a small thing. I wouldn�t consider this as an option for you.

    If you want me to do the ability to pay part then it will cost $xxxx.

    I will need: Copy of labor certification, 2005 federal tax returns of company. Bank statements of company for October, November and December 2006. If the numbers aren�t the way they need to be then there are still remedies.

    xxxx


    --------------------------------------------------------------------------------

    From: xxx
    Sent: Sunday, January 07, 2007 12:34 PM
    To: xxx
    Subject: RE:

    Dear xxxxx

    First of all, thank you very much for your help. It is really appreciated. I have been researching this subject and was not able to find anything valuable until I found your name. It is really great that you are helping these people.
    I know your time is very valuable but I forgot to ask you whether or not we have to get the 2006 December bank statement certified or just send the original? If the CPA is not able to do audited financial statement for 2006 (which I doubt) are you available to do it? If we do that do we still need to send 2005 tax return? (Labor was filed on 12/26/06 and certified on 1/4/2007. )
    You are the only one who can help us with this questions. I know you are extremely busy, but I am really trying to do this right for this family. They gave up everything in Hungary, (they made like $400.00 per month and life is more expensive than here), so it would be great hardship for them to go back. As I said they don't even have an attorney here. I don't know if that matters because most of them don't know half of what you guys know.
    Anyways please, let me know how to proceed.

    Thank you very much

    xxxxx



    You have to prove ability to pay from the date that labor was filed with state department of labor. Therefore, if you sent the labor in 2001 then you have to prove ability to pay for 2001 through 2006.

    Audited financial statements are very expensive and probably do not suit your needs (At least $5,000 per year). Every year has to show ability to pay not just current year.

    I can do it but it is pretty expensive. It will range from $xxxxx. You can give me a call with the details and I�ll let you know the chances of success.




    --------------------------------------------------------------------------------

    From: xxxxxx
    Sent: Saturday, January 06, 2007 7:26 PM
    To: ny.united@gmail.com
    Subject:

    Hi,

    I heard about you on one of the immigration portals. I am the employer and ready to file I-140 for alien worker. He and his wife are here on B2 visas.
    We are concerned about the ability to pay issue. I heard that you are the best on this.
    The instructions are not clear at all. Do you have to send 3 years of tax returns. 2006 is not done yet, can we send audited financial statements? What is an audited financial statement exactly? What if the company did not have enough net income in 2005 and 2004 but has it in 2006. Can you please help us? As the employer we are willing to help the worker to get the I-140 approved.

    Can you help us? Please, let me know and also how much do you charge.

    Their visa expiring soon, please respond A.S.A.P

    Thank very much
    xxxxxxxx





    sundevil
    05-29 12:28 PM
    Not just limited to Cognizant and some Big 3s(or 2s now).
    Please do not dismiss this as a tunnel vision, its a reality that will develop into a panoramic scam. I know of a guy in India who is sowing seeds of multi-national manager with a Staffing firm(Desi consulting Co) just for this purpose. Worst he has an individual contributor job with some other company that is in collusion with the staffing firm here to prove he works for the company here( I am guessing as a consultant and taxation with a ghost company of US based company in India). I could not get him to spill the beans on how this whole thing is working but he is confident and has sunk a lot of money into it. Strangely, he was disappointed when I told him even with L1A/EB1 it could take 18 to 24 months. Talk about feeling entitled.

    Mind you lot of these guys have registered companies in India already to fish for H1 applicants. We close our eyes on this one, it will break the levees and flood the EB immigration. SO never be coy in dismissing this travesty and mother of all scams that is going to follow.


    Guys : Once again I would suggest not to use tunnel vision. I personally know one case of EB1 in cognizant where one of my closest friends who never scored more than me in college exams and doesnt make more than I do got his GC in EB1.

    Whatever Mr Oppenheim is saying is precise bullshit! Its all political. He is a bureaucrat who needs to defend the political policies. Where have we seen any transparency? Is there any transparency to the whole process?

    If Mr Oppenheim has numbers so handy, can he explain why there are wild swings in visa bulletin and not a computerized FIFO policy. I can understand some 15-20% overlap for cases stuck in name check, unapprovable, etc etc. But every month/year visa bulletin swings like a pendulum which doesnt know which way is the right way.

    If you complain about EB1, your friends will also lose GCs and no body will get GC. With that you are effectively saying, I dont get GC, even X should not get GC.

    Although I think EB1 problem is largely restricted to Cognizant and needs to be addressed.