Sunday, August 7, 2011

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  • hibworker
    09-15 02:57 PM
    Since EB2-I is slowly catching up with EB2-C, future spill overs will be split between the two categories and not all will go to EB2-I.





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  • PlainSpeak
    03-24 10:37 AM
    ^^^





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  • alisa
    06-28 07:41 PM
    There is nothing we can do.
    So relax.

    If your AOS is meant to be filed in July, then it will be filed in July.
    If not, then it won't. And things will be similar to the way things have been for such a long time.





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  • andy garcia
    02-12 09:30 PM
    Agreed this is discrimination, what stops us from fighting this discrimination using legal class action lawsuit? Is it the money required or did a lawsuit fail earlier that inhibits us to file class action lawsuit?

    It is the law. You can try to sue congress.

    INA: ACT 202 - NUMERICAL LIMITATION TO ANY SINGLE FOREIGN STATE
    (a) Per Country Level. -

    (1) Nondiscrimination. -

    (A) Except as specifically provided in paragraph (2) no person shall receive any preference or priority or be discriminated against in the issuance of an IV because of the person's race, sex, nationality, place of birth, or place of residence.

    (B) Nothing in this paragraph shall be construed to limit the authority of the Secretary of State to determine the procedures for the processing of IV applications or the locations where such applications will be processed.

    (2) Per country levels for family-sponsored and employment-based immigrants. - Subject to 1a/ paragraphs (3), (4), and (5) the total number of IVs made available to natives of any single foreign state or dependent area under subsections (a) and (b) of section 203 in any FY 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 203 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.



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  • PrayForEveryone
    07-10 11:45 AM
    Friends,

    Its upsetting to see USCIS playing with our lives. Inviting us to file AOS and then shutting the door on us when we did all the hard work to get here LEGALLY. I remember someone mentioning "GC is a scam". Did'nt USCIS attempt to do that with us? It all about ATTITUDE and at this point I hate USCIS/DOS's attitude towards us (Legal Immigrants) and our families. Starting June 13th, we all would shorten our life-span by 2-5 years due to this tension/excitement.

    Well, most people would say US wont be affected even if we relocate in some other country. May be true! But my company keeps loosing work due to not finding the right candidate for the job. So they will of course!
    In the long run, if this broken immigration system is not fixed, no business can afford to lose any resources when they know that there is demand in market. Microsoft has found other ways and this is the best example and more companies would soon follow. I hope that this mess gets cleaned soon!

    I am moving to Australia to start a new venture!!





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  • ivar
    08-16 01:44 AM
    [QUOTE=Mr. Brown;689396]While proponents would mask this whole backlog issue as something purposefully done by the "system" I don't buy it. It is a proven disaster.

    --- Deleted ----



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  • msp1976
    02-12 08:54 PM
    Without reform in the next few months.....dates for EB3 ROW would also start moving backwards....
    The BECs would chew on the TR cases and throw out 100 K approvals in the next few months....That it .... Sayonara for the EB3 world current dates too.....





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  • addsf345
    05-29 04:22 PM
    We all need to concentrate on being united. No point in pulling down others. This is typical behavior of Indian attitude. Do you think you will get your GC faster if EB1 abuse stops??? I would say no, we would be still stuck in the same shit hole for another 10 years. Why waste energy on this??? We should rather work on more constructive action items.

    Our main problem is 7% quota for India, China and other retrogressed countries is simply not enough. We need some relief in any possible way.

    Sometime back i did suggest an idea of working towards a separate Quota (not counted towards 140,000) for Masters/PhD students. That horse was beaten to death.

    Lets think more positive and list down all actions that we could work.

    To start with i suggest on having a separate quota (not counted towards 140,000) for Masters/PhD students. That should ease most of the pain.

    If anybody has other bright ideas, feel free

    Channel your outrage on a positive action item

    still ppl feel pulling others lag would get them GC - this commnity can never be united!:confused:



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  • alisa
    02-13 01:44 PM
    Are you suggesting that IV's efforts would increase the wait times for ROW?
    What incentive does ROW have to work with IV then?

    It has been repeated 'Ad Nauseam' times. IVs agenda includes all of these -

    1) Increasing GC numbers
    2) Recapturing numbers and instituting permanent Rollover mechanisms
    3) Eliminate country quotas.

    IV understands that removing just the country quota will impact ROW badly if visa numbers are not increased in tandem. Hence you always see the three points being proposed together. These 3 have to go together. A compromise between ROW and oversubscribed countries.

    But some ROW members keep trying to split the movement by opposing removal of country quotas ( which is point 2 in IV agenda) at every possible opportunity. Real way to build a coalition is through compromise. And in a compromise you can't get all you want. Don't expect the majority to heed all your demands.

    Be a little appreciative of the sufferings of others. If you think a little extra time you need to spend in the queue is turning you so angry, what goes in the mind of a person who has to spend twice or thrice as much time in the same queue, for no fault of his/hers?

    Don't BS on 'diversity'. There is already a 'diversity visa' which Indians & Chinese cannot use. Want to come under diversity? Apply in the lottery. Be a little humane and think about the suffering of others. May be you'll see the light. You are not going to win many friends by alleging "an agenda by some country". It's preposturous, laughable and Dobbsian ( like Lou Dobbs alleged "invasion by Mexicans")





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  • kumarc123
    07-25 12:25 PM
    I agree with vdlrao completely. The horizontal spill over rule essentially gives all EB1/EB2 visa to EB2's. This will make the EB2 cutoff dates leap and bounce forward. For EB3, however, there won't be any spill over data until EB2 become all current.

    In Oppennheimer's reply to Ron Gotcher's question, he mentioned that the horizontal rule was set after he 'had consulation with the congress', so it's very unlikely to have any change to this rule till some legislation changes take place.

    I agree with you 100%, this change was made by Congress in attempt to reduce the backlog.

    Think about it in terms of Congress, it was under a lot of pressure from high skilled workers and from companies like Google and Bill gates who argued for more number of visas. No offense to any EB3 category, but we all know, EB2 are the ones which have earned a higher skilled education from this country.

    (Now please don't start any debates on EB2 or EB3, I didn't make any distinctions and it has no relevance.)

    For Congress to somehow act, they made the change in movement of visa numbers, and geared more towards EB1/EB2, to reduce the backlog among EB2 category. This will eventually lead to roll over of visa numbers from EB2 to EB3.

    Advantage? High skilled workers who have attained a Masters degree from
    U.S., now will see a reduce in backlog.

    This recent change in the flow of visa numbers, acknowledges all these problems. We all know, who ever takes over the next presidential elections, will not issue something right away, it will take a few months.

    This change buys time and greatly reduces the backlog among EB2, eventually for Eb3 as well. The new process makes much more sense and I don't think this change will revert to its original movement (back to vertical flow)



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  • needhelp!
    09-23 05:01 PM
    FIRST lets just send out the emails as requested by IV (Yes, this is OFFICIALLY ENDORSED BY IV initiative)
    We will have all the time in the world to discuss the details.





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  • krish2005
    01-19 01:16 PM
    Yeah and I don't mind hiring your sister and mother too. After all I am EOE. You shut up and if you feel bad leave this profession. It's that simple. But don't be in state of denial. I just shown you the mirror. This reply pl don't read with humor.

    Friends,

    Lets try to stay calm and be together during these tougher times. Some might be in a better position than others which does not mean they will not be in similar state later on.

    There are knives hanging over our heads. Let us not forget that.

    Let peace and common sense prevail. Please note that antis might be watching the dogfight within IV.



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  • amoljak
    10-23 03:12 PM
    Thanks eb3India.

    How does the current company obtain a pre-approved labor? Does it buy the pre-app labour? Or is it SOLELY because someone in the company left (whose labor was approved)?

    I was reading a lot about the controversy about why it should be stopped etc so i was wondering if someone had any documentation on why it was started in the first place and how it works

    Thanks

    The standard process approved by the DOFSY is that they sell 1500 pre-approved labors on E-bay every year. The Auction starts at 13:34 EST on February 7th each year and continues for a day. Once you buy the labors, there is a lobor subs market just like the stock market. People bid and buy labor certs whenever they need it.

    ( :) Take this post lightly )





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  • Lasantha
    12-14 03:45 PM
    Good summary but let me also add the observation that eliminating the per country quota alone will not bring the desired benefit unless the following are also implemneted

    1) Increase of the total EB quota
    2) Exclude dependents from the quota
    3) Re-capture unused visas from past years.


    To summarize the discussions on this thread:

    Yes, it is 7 % for all countries.

    Now it is manifestly obvious that the 7 % figure is arbitrary, and not fair. That much we can all agree on.

    The real question, as raised in the first post of the thread by soljabhai is:

    (A) Is that constitutional?
    (B) (And this is the real question): If it is, what should we do about it?

    Intelligent questions, both.
    The answer to (A) is not clear. We need a competent constitutional expert to opine on the matter.
    For (B), (which is what the thread is really all about), there are lively discussions with differing views.
    lazycis has presented good evidence that the case is not cut and dried legally. It might be unfair, but those are the laws.
    mbartosik, alterego, me and others have argued (from different angles) in terms of pragmatism. (Cost is not worth the benefit)
    garybanz, soljabhai, and others have argued that it is worth it (Cost is worth the benefit).

    Anyway, agree or disagree, its an interesting thread with interesting posts..



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  • lskreddy
    04-23 03:24 PM
    Unless the requirements said Bachelors plus five years experience will be accepted in lieu of Masters, the labor substitution is a risk. The people who go through these files go by rules and I think they are advised not to use any logical reasoning. It certainly would be risky to go for substitution unless you can produce what is needed.

    Experience certificates are probably scrutinized in a less stringent way but education is a no-brainer and they might not approve. Ofcourse, I am not a lawyer, spend a couple of hundred with reputed lawyers. This might save a lot of grief later.

    BTW, what does the employer's lawyer say? Don't they have one.





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  • humdesi
    11-16 09:29 PM
    DOL cannot do anything about labor sub. USCIS must stop using old PD. FOr this, we need to appeal to USCIS. Do you know who to address the letter?

    We should all contact the ombudsman. Write to him TODAY.
    Explain that labor substitution and PD porting is evil because it lets people unfairly get ahead in line. Otherwise EB2 will also soon retrogress to EB3 level.

    Here's the link:

    http://www.dhs.gov/xabout/structure/editorial_0501.shtm

    Write today!



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  • desi3933
    07-27 02:23 PM
    Nobody is misguiding anyone. Talk to your lawyer and find out. Amway doesn't offer you employment.
    What you get is 1099-MISC the same you get for your stocks and investments. Talk to your lawyer and find out.

    It is correct that Amway doesn't offer employment, but the Amway activities are self-employment activities and therefore are under review for valid and authorized employment.

    Only US residents, who are authorized for self-employment, can run their business or home based business activities.

    Can someone on H-4 visa status can run Amway baed home business? Yes/No. I know you will say "check with your accountant/lawyer" line knowing well H-4 can not be self-employed.

    ______________________
    Not a legal advice.
    US citizen of Indian origin





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  • eastindia
    01-16 09:54 AM
    I have no problem with any individual but I hate my ex employer and their class ( in no uncertain terms ). I was earning for them , but he and his wife used to behave like big boss to me.Why I shed no tears for them. They think themselves as Ambani but will not hire few good marketing folks who can bring projects from direct clients. There business model is like the following example ( joke ). A bihari gone to punjab and started working for sardarji for food and shelter.While he asked the sardarji for food , he said go that building eat as much you want and take this tifin box and pack some food for me too. Just tell them that I have sent you . After some time Bihari came to know that it was Gurudwara and food was lunger. I consider these body shop no different then that Sardarji. Opening a co ( body shop ) requires phone and outlook. WOW. The h1b rules allow a space for them. With this new rule , they are gone for good. Let me make it very clear , I hate body shopper . It is mere chance that they are from particular state. I fully sympathize with all H1B holder and again let me insist all deserving H1b people will be better off with this memo. Let me quote a line from Ghalib " Jis diye me tel honge , rah jayenge bus wohi ".
    Let me enjoy on potential demise of Body shopper including my ex employer. I am ready

    Wow so ungrateful.
    You make hole in the same vessel you eat.
    You came to this country only because of a desi bodyshopper. Otherwise with your qualifications you cannot even dream of coming to USA on your own.
    Unless you are IIT or IIM.. or some top engineering college, it is highly difficult for someone to come to USA on H1B and take a permanent job. The other route is to come for studies.
    So after coming here by showing your desperation to earn dollars with an NIIT diploma or some shady donation college degree you came via a body shopper. You made a choice in life fully knowing what you are doing. Now you left your bodyshopper and want to hurt him and feel happy for the rule because you do not want others like you to come to US of A via bodyshoppers.

    You know why? Because you do not want other Indians to come behind you and compete with you for jobs.

    Learn to live and let live. Din't they teach you in India as an Indian value. Good luck with your greencard.





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  • harsh
    02-13 08:42 PM
    I am following this discussion and it is interesting. Here is what I get so far.

    USCIS is not allotting excess visa number horizontally. Unused visas from Eb1 and EB2 are not going to over subscribed countries but to EB3 ROW. The "total" visas in the law can be read as total visa across all categories. If this is true then it is likely that untill EB3 ROW becomes current, India and China will only get 7%. But here is what I do not get.

    1) From november 2005 bulletin, USCIS is saying that they are going to suspend AC21. Why did they decide to suspend ac21? Can they decide on their own when they are going to apply to AC21 and when they are not? Is AC21 not a law?

    2) Why or how did USCIS allocate large number of visas to over subscribed countries India and China before? Like in the November bulletin, USCIS says india used up around 44000 visas. Were they allocating more visas by following AC21? If yes, then why did they decide to suspend AC21? If no, then how they allocated so many numbers?

    I am trying to understand the how the USCIS decides to allocate visa numbers. And it is very complex.





    looivy
    03-27 02:35 PM
    Your party has to win first before you can become a PM. Right???
    How do you know that any of these guys will be a PM before their party wins. This is not Indian PM Idol.





    sh2005
    02-12 03:38 PM
    I wish your hopes comes true. However, one thing you should remember. There are many guys with PD before 2005 got stuck due to name check, particularly in ROW catagory. This big jump in PD for ROW and new name check clearance rule, will makes tons of 485s become eligible for approval in March.

    As they mentioned in their comment, they may freeze the PD for ROW in APril or move back to 2004, depending on how many EB3-ROW gets GC in March.

    Ramba,
    I see the comment where USCIS said date movement can slow down or stop, but didn't say anything about going back to an earlier cutoff date. Of course, I am pretty sure that State dept didn't take into consideration the new Name Check rule. So as we have seen before, anything is possible :)



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