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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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  • chantu
    03-30 02:46 PM
    Do some research on Nuclear deal and see what it will bring to India in the next couple of decades. And tell me what Mr.Advani brought us when they were in power.

    If congress would have done it's job properly 60 years back, there was no need of nuclear deal now. The comment you made makes it pretty sure that congress was a failure since last 6 decades. The benefits of current nuclear deal will be in next 2 decades. So what poor people of India eat in next two decades? Will you tell them that don't worry...hang on for next 20 years. Also do you know the case of Enron and how politicians of all colors made fool of people.





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  • immigrant2007
    08-17 08:56 PM
    don't we have something better to discuss on this forum rather than shah rukh khan's personal issue.





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  • eb3_nepa
    10-23 02:08 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



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  • chanduv23
    06-28 04:51 PM
    Today, he emailed by HR directly and told them that "we will file everyone's 485 in first week of July ".

    He also said that there is no need to panic because AILA is already threatening USCIS with lawsuit and right now its in negotiations state. (Whatever). He said that the thread from AILA will prevent USCIS from doing the same mischief again in July 2007 to EB2, and EB3 categories. (Somehow I dont buy that, I dont think USCIS is afraid of anyone and they are acting like and independent body ... like the Supreme court working on its own schedule and own whims).

    So the thing is...he acknowledges what happened with EB3-other category in June and says that he will file in July first week (good for me and my other co-workers) but he is still sticking to his guns that "It wont happen because USCIS will be scared of AILA".

    What USCIS has done for EB3-other worker category is violation of federal regulation and it cannot just ignore the visa bulletins because it feels like doing so and its having a bad day. But nonetheless, the people who make these decisions dont get sued. The agency gets sued, and those lawsuits are fought by internal lawyers who are on USCIS payroll. They get some heat for violating the federal regulation but its not like they would lose their shirt over it.

    Should we change the topic of this thread - "Please file in July first week" ??





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  • snram4
    01-18 10:05 AM
    The H1b rules and Cap are framed based on the principle that foreigners will be allowed only when there are no avialblity of skilled persons for that job. That is the reason For LCA and salary requirements. You can very well google that why H1b visa was created on 1991. Everyone in congress and also american public expects that American jobs should not be replaced by foreigners. But when there is no clear cut job position there could be foreigner could be hired just because he quotes 10 dollar less than American but same skills.
    But still we can lobby for change of law to get some grace period of 2 or 3 months when a persons job lost or H1b is cancelled. But it is a bad idea to justify bench without pay for H1b. But still USCIS was sympathtic towards most people and most H1bs got green card though they were in bench. One of my relative forgot to renew H1b for more than an year but otherwise perfect. They accepted and applied for extension explaining the situation and got extension. If they would followed the law she would have got 10 year Ban. But I am not expecting any sympathy from USCIS for anyone who violated law or regulation knowlingly.

    Is H-1B working at a gas station a bad apple? Yes.

    Non-Indian staffing company keeps $150/hr, 25 years back. Is this a bad apple? How much can a staffing company keep? Why? Who decides it? Has Hilda L. Solis decided it for for US workers? Why should Janet Napolitano decide it for H-1B?

    Contractor salary and benefits come from his/her billing only. Most US workers are not paid on bench/benefits. Why should H-1B be paid on bench/benefits? Contractor can be paid on bench/benefits only by spreading the billing over bench/benefits (thereby reducing paycheck). Why is this a good apple?



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  • jackrabbit
    03-26 06:45 PM
    No, waiting for OMB clearance.

    And does this mean that this law will definitely change, or is it still possible that vested interests may still keep substition alive?





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  • dallasdude
    05-29 03:50 PM
    No one is arguing that lot of EB1Cs do not deserve the classification, however; that is not the root cause why we are backlogged. You might get 1000more visas , you would think but at the end of the day , you will close that gateway as well. 1000 EB1 visas are not a major relief for us. And if you think that will resolve the issue, you are mistaken.

    There is a political decision to backdate the country dates and hence even if you take up Eb1 issue, they will close that line as well, but those visas will not translate into more visas for us. Bureaucrats can come up with gazillion excuses as to why spillover did not happen such as "there is now demand for religious workers".

    So do not deviate the focus of the community. Our purpose is to get our GC, not stop someone else from getting a GC. Thinking otherwise mean , divisive and selfish mentality! or plain jealousy. Has anyone stopped you from working for Cognizant?

    We need transparency and better predictability in the whole process. Someone said Oppenheim knows more than many of us. My question is why should we trust him? Shouldent there be a system that gives clear picture to everyone?


    Bottomline is we need to choose our battles! EB1 is not the battle we need to fight right now.

    Hope you're not one of the EB1 fellas. I understand your point, but we just cant ignore what these primitives are doing and abusing the EB1 category.



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  • John333
    07-26 05:20 AM
    Dear Attorney,
    I have an approved H1B petition, but was given 221(g) during consular interview due to lack of license to practice my proffession in US. They instructed me to submit the license within one year to stamp the H1B visa.

    Now I am comming to US on a Visitors visa to write the licensing exam and to get licenced.

    I am aware of the aware of possibility of changing status from Visitors visa to H1B after getting licence without leaving US, since I already have an approved
    H1B.
    But I came to know that USCIS will take around 90 days to approve status change from Visitors visa to H1B.

    Kindly clarify whether I can start working for my H1B employer immediately after filing status change with USCIS, or do I need to wait till the approval, to start working.

    Also do I need to include 221(g) I received after my H1B consulate interveiw for the status change application.

    Thank you very much in advance.





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  • tikka
    07-04 12:30 AM
    do we just need to access it?


    if this receives more than 100 users rating SOON - it would be displayed on the first page. Digg.com is read by hundreds of thousands of web users and there is high chance of getting picked by main stream media.

    Note that you ll have to signup as digg.com member to rate it - it ll just take 30 secs of your time.

    thank you



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  • logiclife
    02-06 01:57 PM
    I dont think that you HAVE TO file I-140 within 60 days after labor is approved.

    --logiclife.





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  • msp1976
    02-18 10:33 PM
    In the past three years; I have seen an administrative assistant get sponsored as a skilled worker; a cook making $8.50 as a specialty cook at an Indian restaurant; 8 phillipinos getting sponsored as cooks with a wage of $9.00 at a restaurant; a convenience store clerk; (from reading administrative appeals decisions; i have seen a driving instructor, horse trainer, etc.). All of these jobs fit into a definition of "skilled worker" and share same eb3 category as professional.

    In fact I guess most of the April 2001 245(i) cases are also getting through the Eb3 category...I thought that they would get into the EB3 Other workers category with the 10 K cap........ I guess many of the cases you are referring to must be the 245(i) cases...


    As I remember, even when I came to US the first time in 2000, I was interviewed quite rigorously...They made me submit degree certificate and experience certificates and all...
    Cooks and driving instructors getting in on H1B??? That is news to me...



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  • sanju
    04-15 10:00 PM
    How about Simon for PM of India. This guy knows everything ahead of time -

    http://www.youtube.com/watch?v=RxPZh4AnWyk



    RxPZh4AnWyk



    .

    Susan is the best that I have heard till now. Simply awesome!

    .





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  • boreal
    01-24 12:26 PM
    I think, it is too light a sentence for the crook

    hehehe, i dont think the sentence is too light - the US Prison system has so many jokes about the kinds of characters inside them...Hope this mandalapa guy gets a 'great' roomie - Once he comes out he would think twice about 'screwing' genuine GC applicants then - know what i mean??!!!!



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  • kumar1
    07-13 04:27 PM
    I'm tired and extremely frustrated. Maybe this country does NOT need
    an experience special education teacher nor a registered nurse (my husband), who studied here but cannot work because of unavailability of visa/green card.

    Starting today, I will explore the possibility of moving to Canada. Could anyone direct me on how to start?
    Google "Canada Immigration"... very first link that you get will be very useful.





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  • sanju
    04-16 10:22 AM
    OK, Its your opinion and that shows your civic sense. But why are you posting the same again and again?

    GCKaMaara is right, different people operate at different IQ level.

    When there is so much of repeated junk in this thread from the people who think they are political strategist, then what's wrong in posting a fun youtube video twice?




    .



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  • rahulpaper
    06-28 07:07 PM
    Yes it does not say interim memo....the underlying point was that the directive comes from DOS once all these numbers are used up by approved applications and not "filed applications"

    The mid month retrogression can happen...not based on number of filed applications but based on number of approved applications....and if they have enough applications (preadjudicated) sitting for numbers to become available...the system should process all of them in one day...and you know what will happen then............


    http://www.imminfo.com/resources/cis-sop-aos/1-16.html

    According to this manual..visa availability is determined by Visa bulletin ALONE..no where it mentions to look for an interin memo from INS..





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  • Lasantha
    12-14 05:29 PM
    Yes, now that does look fair to me.

    Even if we raise the limit to XYZ from 140000, if we still continue with 7% quota then applicants from India/China/Philippines/Mexico would still be retrogressed. It is not correct.
    Let everybody have a go at GC and let it be FIFO, irrespective of the nationality. This is EB and why use diversity if we do not use at the initial stages of bringing people from other countries on H1/J1/L1. These are the people who apply for GC.
    1) Increase GC numbers.
    2) remove per country cap
    3) Remove dependents from GC numbers.

    All above should go in simultaneously for a 'FAIR', 'NON_DISCRIMINATIVE' solution.





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  • engineer
    07-04 09:47 AM
    Anybody who got contact at NPR or anybody who want to take a challenge and work on contacting NPR and telling them about our story.

    http://www.npr.org/about/pitch/

    Sent NPR following:

    Dear [Insert Name]

    Re: Administration Slams Door on Thousands of Legal Immigrants

    Per US DOS July 2007 Visa Bulletin that came out on June 2007, all Employment based categories were going to be "Current" starting from July 2nd. Based on this information, many of legal immigrants like me, with approved labor certifications, worked day and night, spent enormous time and money to prepare our applications for filing Adjustment of status (AOS) application (I-485). This involves, going through a medical checkup, getting shots for required immunizations and paying hundreds of dollars in lawyer fees.

    The applications were all ready to be filed but against all odds, DOS issued a notice in the morning on July 2nd, informing that no AOS applications will be accepted. The visa bulletin has basically been revised and no employment based visa numbers are available for any legal worker. It states that visa numbers are no longer available until October 1st when the FY 2008 would start. This is such a waste of so much money and efforts from the legal workers, some of whom were waiting for more than 3 years to file for their AOS applications. They finally saw a hope and prepared themselves, but even before the day came, their hopes were taken away from them. It is amazing how the DOS and USCIS can make such a big mistake in their predictions about the visa number availability.

    The visa bulletin for June had moved the visa availability dates (referred to as priority dates) by more than a month for certain categories. A number of applications for AOS were therefore expected to be filed in the month of June. However, DOS still calculated an abundance of visa numbers and therefore moved all the dates for all categories to "current" for July. And now this morning, the visa bulletin has been revised to make visa numbers unavailable to everyone. This does not look right and begs for an investigation. The whole system of generating cut-off dates is not defined and there is every reason to believe that the dates are manipulated to serve certain hidden agendas.

    Please do a news story into this matter to help legal workers who are in USA for many years. Some of us have been working in the US for more than 10 years and still do not have permanent residency. We are paying our taxes and are law abiding members of the society. So we request President to intervene in this matter.

    If you like more information, please contact me at [email address] or [cell phone no].

    We are part of Immigration Voice is a non-profit organization (501 (c) (4) approved) working to alleviate the problems faced by legal high-skilled foreign workers in the United States. We act as an interface between this set of immigrants and the legislative and executive branches of the government. We work towards eliminating procedural hurdles by interfacing with the government branches that formulate policy

    References:
    US DOS July 2007 Visa Bulletin:
    http://travel.state.gov/visa/frvi/bulletin/bulletin_3258.html

    US DOS revised bulletin for July 2007:
    http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html

    Administration Slams Door on Thousands of Legal Immigrants: AILA Condemns Agencies� Bait and Switch
    http://aila.org/content/default.aspx?docid=22804





    ita
    03-30 05:14 PM
    Govt is never one man effort/show.It is a team effort. Just like software projects are.For sure it will not be one man show with BJP.We have NDA's rule for example.While we are that NDA had allies in it too.

    Those used to congress style of rule mistakenly think it is one man show.

    So you want to think it will be LK alone that will be delivering the output and not his team.Ok that's fine. I and others tried to show you what/when MMS brought reforms .But still you are saying
    Yes...only that puupet brought those changes and reforms.

    Now going by your track record how do I assume you will accept LK even if I showed his track record.I have shared so much so far ,it may not be a big issue for me to share things that I know about Team Advani and Advani himself. But how do I make sure I'm not going back to where I was few posts earlier with you ? :)


    I dont have any issues for Mr. Advani, but please show me some track record as he was part of the ruling party for five years.





    glus
    03-17 10:24 AM
    Subst_labor, you became an annonymous member today only to post this question. I am sure you must be a regular member of IV but created a new profile just for this question.

    Why don't you tell us how much you bought your labor for? Show us a proof that you have not bought it.

    I think I made a mistake of answering your post and apologize for that to all members. I also urge people not to answer anyone with substitute labor on this forum.

    such people cut in line in front of us and don't even bother paying money to IV. Why should we give them free advice. If they can spend money buying labor for 20K they can spend hundred dollars and consult a lawyer and ask their question. It is with such mentaility they are brought up with in their country- Currption and getting things done with money. But never paying anyone for a just cause. In my country people contribute only when they fear god in temples, for medical treatment or to astrologers!!


    I also urge moderators to close such threads on this forum whenever someone is diagnosed with a substitute labor cancer. Yes it is a cancer that is worsening retrogression further.

    At least on this forum we can have the resolve to fight such people who are hurting most of us.

    Now if someone argues with me on this post, then it will mean that either that person has himself bought a substitute labor or is looking for one. So don't even bother because a lot of members after reading this post will come hard on people who are ok with substitute labor on this forum.

    janakp,
    I do not get it what's your problem someone is asking for advise with his/hers labor subs. As far as I can see it you should not ask personal questions such as "tell us how much you paid" etc. I don't think it is your business. A person asked for advise, so if you can help him, why don't you do it? Labor Substitution is still LEGAL and your assumption that everyone buys labor does not necessarily must be true. Think about it.



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