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  • InTheMoment
    09-14 09:16 PM
    It is important to know the numbers of traditional labors filed in year 2005 before PERM was implemented on March 28, 2005. Does anybody have hard numbers on these ?

    This is a very relevant piece of info, as tons were filed because PERM was a new animal and no one wanted to play around with it before they understood it.





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  • krishmunn
    06-12 12:20 PM
    I wonder what Dilip was doing when he was laid off. An H1 holder is out of status the moment he/she is laid off. So, our brightest Dilip was out of status (aka illegal) during the period he was laid off.
    As is said -- illegals have a better chance to get GC then those trying to be legal.
    With such friends of prospecting immigrants you sure do not need an anti-immigrant.





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  • BharatPremi
    09-24 03:19 PM
    Read any visa bulletin. It's in there.

    I know you are talking about "7% country speciific limit for primary applicants" and "2% country specific dependent limit" So actually it is 9% limit - country specific together.

    But question is " what is the meaning of it?"

    The tables what are published in bulletin are meant for "Visa number availability".

    So numbers (28.6% divided by 5 per each preference-country) are meant for USCIS to process and assign visa numbers till that limit reached.

    "7% + 2%" country specific limit is meant for "Sending Greencard /Ordering Greencard".

    In simplest form, EB-I will have 8008 X 3 (Without spilied over) = 24024 applications assigned Visa number this year and out of that ( 9% X 140000 = 12600) lucky ones will get their physical green cards THIS YEAR. The rest will get their physical green cards next year though their files have been assigned numbers (Pre-adjudicated.) this year.

    Above mentioned explanation is the real meaning of this bullshit.

    I think I have tried my best to explain the process.:)





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  • ramus
    06-28 05:56 PM
    So this is very clear example where dates were current for June but they just came up on June 5th and asked to reject all other worker application..

    Now why can't they do fsame or EB?

    Do you know if they even accepected application that they got before June 5th.








    That was 5th June as per Oh's website and Oh's website was quoting AILA's memo.



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  • lazycis
    02-14 02:59 PM
    Life's not simple. It's not A or B. It's usually A and B that succeeds. Like I mentioned in an earlier post going ahead with option A (lawsuit) closes option B ( meetings and negotiations).

    Best approach is IV keeps option B (lobbying) open while a group that agrees option A is better continues to pursue it. There is a lot of support for this measure here. What it lacks is a convinced leadership! Once the leadership emerges and there is action on the ground, who knows, the skeptics may join too.

    Totally agree. A and B are not mutually exclusive. We need to push for admin fix and in the meantime explore lawsuit possibility WITHOUT using IV name (does not mean IV members cannot participate as individuals in the lawsuit).





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  • nixstor
    09-23 02:17 PM
    Please keep sending those emails. IV is nothing but I + WE

    Those of you who have homes and think this is unfair to you, I can understand your vantage point of being excluded. But there is a clear indirect consequence of such a legislation. I would say, Who ever bought the home bought the home with an intention of making US their permanent home. Some one else would say, I know guys who bought 2 homes. Its all greed and nothing else. So lets not go there.

    None of them knew that FNM & FRE will be gobbled up by Fed, Lehman will go under after 158 years, AIG will be owned 80% by the gov and ML would be sucked up for peanuts. If they had a slightest inkling they would not have bought a home.

    The problem is we have a glut of homes on the market. There are a bunch of people who can invest but do not want to because of the uncertainty they are facing. No doubt every one has uncertainty. Imagine a law maker's perspective (not mine or IV's) on exempting some one from the numerical limits, if he/she does not help reduce the number of houses by 1. All that matters at the negotiating table is whether this helps the housing markets or not.

    As some one said, this is not the senate/house floor. If such legislation were to be enacted congress will design a lot of preconditions to be met. (legal and financial) We cannot dilute the message to start with. There was a good amount of discussion about this "already own a home" issue before the whole thing appeared on the website. Its in our best interest we start from here.

    Its easy to sit down here and write what is fair and what is unfair. What really matters in the end is whether we can sell our pitch and make it palatable to lawmakers. Please stop enumerating all the unfair events in the EB immigration process. It just does not get any where.

    If you don't like the idea thats fine. But please refrain from posting nasty and dirty comments on my profile. Not that I care about reputation, The usage of such words is totally unasked for.



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  • NolaIndian32
    10-29 05:09 PM
    This makes sense, exempt those who can buy a house or continue to own a house from the current VISA bulletin. Is this feasible, who knows!?!

    Giving GC's for buying home seems toomuch biased and benefits only a subset of EB, and totally shifts the basis of the EB category.

    On the other hand, if their visas can be exempted from the visa numbers(annual quota), but still tied to the visa dates being current for their priority dates, this will benefit the entire community and law makers can justify the approach without stiff oppositions, if any. To me this feels lot more reasonable and everyone(EB applicants) will evenly benefit from this.

    Almost 20-30% of the Eb appl. from 2001-2005 should be already in a position to buy or bought a home. That should help dates move faster for older dates.

    Just a thought. But this alone will NOT resolve all our issues and backlogs. Just speedsup the date movement in a steadily manner.





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  • santiwar
    12-13 04:56 PM
    If i am not mistaken, Barack Obama practiced constituional law prior to becoming a senator of IL, and is regarded as an expert on this subject. Not sure how it fits into our grand scheme of things, just thought I'd throw in this interesting Tid Bit.

    Given out present plight,we all seem to be the posterchild of his very engaging book titled "Audacity of HOPE" :-P



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  • hopefulgc
    02-16 01:00 PM
    Any word on the following two issues i posted:

    ----1----I think there is definitely someone else here better than me at leading this issue & getting people together. So if the moderators can allow members willing to step forward and help out with this, to have edit permissions on this thread, that would be help



    ----2---Can the moderators please modify the poll to be the following or add another poll to this thread. I don't seem to have the requisite permissions.

    Q) Do you commit to participate in a class action lawsuit against USCIS
    Options:
    1) I am willing to commit $10-$20 needed for the initial consultation ($600-$1000)
    2) Yes. I am willing to commit $500
    3) Yes. I'm willing to be a plaintiff ( full name and full contact info required)
    4) Yes. I'm willing to commit $500 and become a plaintiff as well
    5) No. I don't think it will work





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  • miami75
    07-04 11:24 AM
    John Harwood at john.harwood@wsj.com

    Here are media contacts:

    60m@cbsnews.com
    HDNet: Dan Rather reports
    mcuban@hd.net, wnelson@hd.net
    nytnews@nytimes.com,
    news-tips@nytimes.com,
    washington@nytimes.com
    AmericasNewsroom@foxnews.com ; satya.prakash@hindustantimes.com ; pmagazine@hindustantimes.com ; aditya.ghosh@hindustantimes.com ; Fatherjonathan@foxnews.com ;
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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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  • eastindia
    07-21 02:30 PM
    If a person is making lot of money through this e-commerce business why is he shopping in cheap Walmart? Why do they drive cheap cars? Beats me.



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  • McLuvin
    06-17 01:54 PM
    Dude, i agree with you... All about dumping/low cost labor/yours BITS/MSFT talent...

    Get my point right... you are getting old and you are scared... you are feeling insecure... you DUMPED 100k :) for YOUR MBA program.... dont shit bricks... dont worry.... when we who need to feel insecure are doing ok.... I think solely considering your status.... you should go have a ball... oh i forgot your MSFT/BITS stuff...

    Karthik S

    I am simply stumped at the level of comprehension of the folks right here. Let me summarize my views as points and hopefully I will get through to you guys

    1. My mention of BITS was not to prove that I was the best and the brightest. It was to prove that my education was NOT subsidized by the govt of India directly or indirectly. Remember passing out of any university doesnt confer the title of the best and the brightest. Unseenguy - If you have kicked the ass of IITians, bitsians etc then consider yourselves genuine. Why this unnecessary trip down "Not confident about myself lane" ?

    2. My mention of MSFT was again not to prove that I am part of the best and rightest. It was to prove that I came here not with the value proposition of low costs but with the value proposition of hardwork and some talent. I did not compromise on my pay or did replace any native employee. Oh BTW I left MSFT in 2000

    3. My mention of the 3 layoffs and my journey was to inform you guys that whatever is happening now is similar to whatever happened in 2001. I wanted to calm down the nerves of the genuine people. Without reading and comprehending the posts, I get responses like that I was an illegal. Remember I was taken back in for 2 days, 485/AP/EAD applied and my jobless days were with my EAD in hand.

    4. One of the reasons, I am against outsourcing companies is that they dump low wage workers. If you guys are aware, every country, including India and US, has anti dumping laws to protect local industries. I am not against offshoring or outsourcing but I am against dumping. Some posters have questioned how I would be affected by all this if I were the among the best and the brightest ? Valid question to a good extent. If you realize that as you age your speed and dexterity at which one adopts newer skills start waning. How long do you think that upgrading skills in a single industry would be possible when you are going to be constantly competing with walmart style options ?

    For now I have chosen to enroll myself in an MBA program and I am hoping that my skills wouldn't be diluted. Think about going to school at age 35 with the responsibility of family and kid. This is my last ditch effort in upgrading my skills because it involves a substantial ownpayment. I am not sure about you guys but a 100K investment for school now is huge for me. The big question is, I am able to pull up my last bit of energy to upgrade now but will it be possible 5 years now if these outsourcing companies starting dumping low cost MBAs ? This is what I meant by my quality of life being impacted. If you guys think that you wouldnt go through the same scenario, then you need some serious retrospection.

    One last thing I would like to point out the inherent contradiction that the current prospective immigrants are facing today. GC is a process that is there to fill in the lack of skills in the US. However with unemployment running close to 10%, the question arises as to whether to train local populace for these skills. There are just 2 exits out of this contradiction

    1. Bring in low cost labor to fulfill this shortage and avoid local training costs
    2. Expand on a new idea. Green seems to be the buzzword today.

    In my opinion, option 1 is lose lose situation for all including the actual foreign employee who provides the services at a low cost. It is the outsourcing company for sure and probably the hiring company that may benefit. The society as a whole loses. Option 2 is an organic option but is laen with the dangers of delays in take off and boom and bust cycles. This is exactly the reason why I suggested that we cut these outsourcing cs from dumping bodies here. I hope I have clarified my opinions lucidly and hopefully look forward to a mature discussion as opposed to name calling, affronts etc.





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  • mallu
    02-16 01:50 AM
    ......

    When a category becomes "Unavailable" it means that the entire annual supply for that category has been used up for that fiscal year (which ends Sept 2008). Given the degree of the EB-3 ROW retrogression, I very very much doubt there will be ANY spillover from ROW to India. At present, DOS plans to move EB-2 India only if EB-1 India has excess visas. The quota for for EB-1 India is 2803 (including dependents) in any fiscal year. So let us consider some scenarios -- say half the EB-1 India are available, so 1401 are given to EB-2 India -- do I think there are 1401 EB-2 India applicants with dependents ahead of me -- average family size of 2.2 means approx 636 applicants? Yep! No doubt about it! Hell I'm sure that there are 2803 EB-2 India applicants ahead of me.

    ....

    Suppose the admin fix to recapture 'lost' visas is a success. How many will India Eb2 get out of that ? May be 5000 ?
    One really needs to know the number of India Eb2 applicants pending in each year ( of PD ) . If it iturns out , say , there are 25000 I-485 applications with PD up to year 2002, then ?!
    Will a USCIS customer service rep be able to help us with this question :
    "Sir/Madam how many India EB2 applicants are waiting , with PD earlier than mine ? " .



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  • nozerd
    05-11 10:21 PM
    A Canadian PR has the right to enter Canada (as opposed to a US PR who does not have the right and can be denied entrance by INS).
    If you have not met 2 in 5 yr obligation Canadian Immigration will question you but let you in. They will give you a date on which you will have a court date with Immigration judge. Then its up to judge and you. You will have to give good reason why you were out ( waiting for US GC is not a good reason ).

    Dont know about the reapplying part. Never heard of anyone having done it.





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  • satyasaich
    09-23 11:49 AM
    First of all, IV is all about us. Any kind of change / help that brings positive changes to EB community shall always be welcome.
    So far number of efforts have been made, and many times we were defeated by our anti-immigrant friends for so many reasons. But take a look at the following
    http://blogs.wsj.com/economics/2008/08/13/greenspan-excerpts-housing-stabilization-key-to-crisis-end/

    It's not about ignoring any specific group of EB immigrants.

    Thanks
    Satya


    Most of us are waiting in line for years by sacrificing their career growth and earnings with the so called consulting companies. what for? To get a green card by buying a home here? Is it sensible? common. Bring some common solution to everybody, not for few. If you want to leave some IV members behind, then you may continue with this idea. your proposal DOES NOT MAKE ANY SENSE to me.



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  • Mani
    12-13 01:38 PM
    I understand challenging the law could be a costly affair.
    If congress can amend the law to exlclude country cap for Amensty programs and undocumented workers (Comprehensive Immigration Reform) then why should it be difficult to use the same yardstick for Employment-based category or any other category for that matter ?





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  • sath2000
    07-17 04:33 PM
    Hi,
    Here is my issue regarding the PD.

    My Employer applied for labor through RIR under EB2 March6th 2004 which was then transffered to Philadelphia Backlog Center. Our Attorney suggested that we Apply through PERM process and Retain PD from the old case. Converted to PERM and applied on 09/26/2006 which was approved on 12/29/2006 but the letter said that they are not retaining PD from the old application as address is changed. Our employer moved 1 street accross in between these to application in Feb 2006. only street address changed everything including phone number remained same. My attorney said that he talked to the labor department in Chicago telling them that phone number didn't change. They said they will consider it and asked him to send a letter. It has been over 15 months he send the first letter. He said last month he also received a call from chicago office saying that they will take a look at the files.

    In the meantime applied for I-140 and I-485 concurrently in July/Aug 2007. I-140 got approved on 05/28/2008 and got RFE for I-485 on 06/13/2008. responded to RFE and now case process resumed.

    At this point I am trying to see if anyone have this kinda of issue and got resolved or there is away to get this resolved.

    thank you





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  • unitednations
    02-13 03:21 PM
    What about paragraph 5 that I have posted up somewhere ???
    Does that allow the 7% limit to be exceeded or not ?


    That is why we need more supply.....Once supply is more they can go over 7%...


    Originally; I had interpreted the paragraph to mean if the total visas by category i.e, total visas in eb1 are unused then a country can go over 7% limit in that category (horiziontal spillover).

    However; the law is determining total as total visas for all EB categories as a whole. Therefore, there has to be unused visas from the 140,000 for a country to go over 7%.

    The mystery of horizontal verus vertical was plain to see in November 2005 visa bulletin. There is no mystery about it anymore. It is plain to see for everyone. If they want to litigate it; then it is right from the horses mouth on an offical document of how it is done. I would use that note in the bulletin to litigate if you believe your position is correct; ie., horiztonal rather then vertical.





    gc_check
    01-13 10:33 PM
    The memo certainly appears to make life a lot difficult for genuine LEGAL non-immigrants and future immigrants taking the EB route. No questions, there were many mistakes made in the past, by the so called "Consulting Company's and also the employees/non-immigrants themselves, who willing joined hands with these greedy companies for their own benefits, (Ex. --> Converting H4 -> H1 through the so called startup's, etc.. with false experience, etc) are the cause for all this in a way. USCIS should have a better way to punish these folks, but still they are many many genuine cases, people who have come with real experience from their home countries, people graduated from US Universities and then pursed their career here, etc... should be considered when drafting memo's like this. These people, I am sure are a large percentage here and should not be punished for following every single law and trying to make life better for them and for all. Also, it they make it so difficult for people to come here /work, Well, at least IT/ Software sector is not in the early days any more and this is well matured and BRIC countries have more qualified people getting out of colleges and more experienced people, going back, will do more good for business's already looking to outsource and this would promote more outsourcing and eventually work against the better interest of the citizens.





    ivar
    08-15 12:23 PM
    --- Deleted ---



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