logiclife
01-23 05:24 PM
Logiclife -
I would not say substitution of labor is totally wrong. I left my previous company after having waited for a labor over 2 years and helped find a suitable candidate, who also had the same level of education and experiance and was an exact replacement for me (Sr.Program Manager -designation). My (old) company which is fortune 100 company was not ware of this substitution business till i told them they should use it when they spent money filing it for me and i am not using it. while consulting companies also use it when the original person left and they have someone else to fill in that role..
The concept becomes wrong when it sold and not really used for a replacement and i think those guys have to be identified like Narendra Mandalapa and punished.
I am talking about Desi bodyshops and not fortune 500 companies. This law or regulation of DOL causes more harm than good. For the good it does to 5% employers, it does harm to thousands of applicants whose dates are not becoming current because of people cutting in line by buying the approved labor certs. If there is a need for companies to save money by going for substituted labor, then maybe the DOL and USCIS should work out to make the priority date of substitution case same as the 140 date and not the labor filing date. The day that happens, this underground sale of approved labor certs will stop.
I would not say substitution of labor is totally wrong. I left my previous company after having waited for a labor over 2 years and helped find a suitable candidate, who also had the same level of education and experiance and was an exact replacement for me (Sr.Program Manager -designation). My (old) company which is fortune 100 company was not ware of this substitution business till i told them they should use it when they spent money filing it for me and i am not using it. while consulting companies also use it when the original person left and they have someone else to fill in that role..
The concept becomes wrong when it sold and not really used for a replacement and i think those guys have to be identified like Narendra Mandalapa and punished.
I am talking about Desi bodyshops and not fortune 500 companies. This law or regulation of DOL causes more harm than good. For the good it does to 5% employers, it does harm to thousands of applicants whose dates are not becoming current because of people cutting in line by buying the approved labor certs. If there is a need for companies to save money by going for substituted labor, then maybe the DOL and USCIS should work out to make the priority date of substitution case same as the 140 date and not the labor filing date. The day that happens, this underground sale of approved labor certs will stop.
wallpaper jim parsons
ronhira
01-13 08:28 PM
how'll this affect those on ead or ac21...... it seems that this has no affect on us if we r using ead with the sponsoring employer or ac21 employer..... is that correct?
stuckinmuck
04-26 01:58 PM
Hello all,
Any news on what happened on the decision on suspension/removal of labor substitution? I searched in google but couldn't find any updates.
Also, any idea of how much relief this would offer for GC retrogression?
Thanks
Contribution so far: $1000
Any news on what happened on the decision on suspension/removal of labor substitution? I searched in google but couldn't find any updates.
Also, any idea of how much relief this would offer for GC retrogression?
Thanks
Contribution so far: $1000
2011 Three tines is not a fork.
BharatPremi
12-13 04:43 PM
Yes, we should explore this more
1) Whether we can really challenge this into US SC within US Constitutional
framework?
2) Whether we can really challenge this into International Courts?
1) Whether we can really challenge this into US SC within US Constitutional
framework?
2) Whether we can really challenge this into International Courts?
more...
chantu
03-30 12:39 PM
I am not saying MMS is the best....but better than others. Do you believe the so called Left the savior of our country. I am not bothering who is ruling or not. My only worry - what is done for our future. I strongly believe Left was the speed bump to the development of the country. Mr.Advani dont have anything but Ram Temple. I hardly see any value in that. He runs his politics based on religon and Ram temple. Let him put the plan and vision for out future, to build stronger India....I will be the first one to vote for him.
Left parties are the worst no doubt about that. Have you gone through the BJP manifesto, its IT vision document and also have you heard about Friends of BJP forums started by Indian businessmen. Yes, Advani runs his politics on religion and Ram temple. Do you think congress does not use religion? Do you hear the news that in Kerala congress has fielded candidates supported by church? Tomorrow if Sri Sri Ravi Shankar or Ramdev baba do the same thing with BJP, our media will shout from the roof top that this is communalism. Do you know Congress is allied with Muslim League in Kerala?
Snathan, all parties use the dirty tricks. Congress, BJP, Communists. But I will always support the party which builds Ram Temple rather than the party which destroys Ram Setu and even denies the existence of Ram.
Left parties are the worst no doubt about that. Have you gone through the BJP manifesto, its IT vision document and also have you heard about Friends of BJP forums started by Indian businessmen. Yes, Advani runs his politics on religion and Ram temple. Do you think congress does not use religion? Do you hear the news that in Kerala congress has fielded candidates supported by church? Tomorrow if Sri Sri Ravi Shankar or Ramdev baba do the same thing with BJP, our media will shout from the roof top that this is communalism. Do you know Congress is allied with Muslim League in Kerala?
Snathan, all parties use the dirty tricks. Congress, BJP, Communists. But I will always support the party which builds Ram Temple rather than the party which destroys Ram Setu and even denies the existence of Ram.
coolngood4u80
01-14 11:37 AM
If you don't believe what IV does, why are you wasting your time here....I see that you are totally jobless....
more...
TeddyKoochu
09-15 07:35 AM
My dear friend, always you have to be hopeful, and cheerful.
If you want to build your hope look at people who are waiting with PDs in 2009.
This is a great thread. I don't know how real are the predictions, but this thread gives a great energy. lots of thanks to OP.
You are correct, being hopeful & cheerful is extremely important for all of us here. The spillover really holds the key as to how things would be moving.
If you want to build your hope look at people who are waiting with PDs in 2009.
This is a great thread. I don't know how real are the predictions, but this thread gives a great energy. lots of thanks to OP.
You are correct, being hopeful & cheerful is extremely important for all of us here. The spillover really holds the key as to how things would be moving.
2010 Galería de imágenes de los
GCard_Dream
05-25 12:36 PM
Oh ya... you think the immigration fees in US are low. Wait till this bill takes effect and you have to pay 5000 dollars just to get a damn H1-B then you will know who charges more for immigration fees.
As it is the fee is 1500 hundred dollars which is not a joke for lot of people. We normally don't complain because employers pick up the tab. By the way this doesn't even include the lawyer's fee yet.
I mean how do people come up with things like these to say.
www.notcanada.com
Its blatant racism here. THe population is aging and the government makes a big chunk of money via immigration fees.
As it is the fee is 1500 hundred dollars which is not a joke for lot of people. We normally don't complain because employers pick up the tab. By the way this doesn't even include the lawyer's fee yet.
I mean how do people come up with things like these to say.
www.notcanada.com
Its blatant racism here. THe population is aging and the government makes a big chunk of money via immigration fees.
more...
illusions
05-12 11:44 AM
It looks like your half family does not know what is happening in the camps. Rather these thrown out media reporters know about that in detail.
Oh..I forgot to mention all the people who are talking in this report are LTTE and supporters of LTTE.
http://www.channel4.com/news/articles/politics/international_politics/grim+scenes+at+sri+lankan+camps+/3126257
No, they know what's going on, everybody know it's not a picnic there in the North, I didn't say that they were un aware what was going on in the North, all i said they are fine where they are, please read what i said. It seems you are only looking at it from 1 angle.
I'm not disputing what channel 4 reported, it's overwhelming for the govt to handle millions of IDP's and terrorists mixed up in 1 big bowl of soup. In any war situation there will always be cases of misconduct as it has happened in Iraq, Kashmir, Afghanistan etc.
Oh and thanks for being sarcastic, it proves a lot.
http://www.guardian.co.uk/worldlatest/story/0,,-8349680,00.html?gusrc=gpd
Oh..I forgot to mention all the people who are talking in this report are LTTE and supporters of LTTE.
http://www.channel4.com/news/articles/politics/international_politics/grim+scenes+at+sri+lankan+camps+/3126257
No, they know what's going on, everybody know it's not a picnic there in the North, I didn't say that they were un aware what was going on in the North, all i said they are fine where they are, please read what i said. It seems you are only looking at it from 1 angle.
I'm not disputing what channel 4 reported, it's overwhelming for the govt to handle millions of IDP's and terrorists mixed up in 1 big bowl of soup. In any war situation there will always be cases of misconduct as it has happened in Iraq, Kashmir, Afghanistan etc.
Oh and thanks for being sarcastic, it proves a lot.
http://www.guardian.co.uk/worldlatest/story/0,,-8349680,00.html?gusrc=gpd
hair Jim Parsons, Kaley Cuoco,
unitednations
02-13 03:57 PM
Out of those 400K ....200K happen to be India/China...
Today's projection for me EB3/India is 7-10 years to get GC....
with a higher number this would come doen to 2 years ( would it ???)..That is the whole game...EB3 India might not become current but at least EB3 ROW would be current and then the spillover would make EB3 India picture much better....
Also AC21 allows the spillover to happen quarterly rather than annully...not in the fourth quarter..( Please correct me if I am wrong..)
Reference
http://www.fourmilab.ch/uscode/8usc/www/t8-12-II-I-1152.html#_a_
Look at a(3)
(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.
This is why I mean USCIS/DOS was lazy. If there is total visas for the year (hypothetical 160,000). then only 40,000 are available by quarter. If there is 50,000 applications in the que then there is retrogression. Remember if there is more demand then what can be approved by quarter then retrogression.
So what this means is that if there is 400,000 approved I-140's but only 300,000 greencards then 7% limit would apply because there are more people in the que then what can be approved by quarter. Therefore, ROW people would still be able to file throughout the year and then whatever is left in the fourth quarter that ROW hasn't used then it would spillover. Therefore, it would still give ROW people to continue filing and taking the visas while the 7% countires have to sit and wait for breadcrumbs until the fourth quarter.
Today's projection for me EB3/India is 7-10 years to get GC....
with a higher number this would come doen to 2 years ( would it ???)..That is the whole game...EB3 India might not become current but at least EB3 ROW would be current and then the spillover would make EB3 India picture much better....
Also AC21 allows the spillover to happen quarterly rather than annully...not in the fourth quarter..( Please correct me if I am wrong..)
Reference
http://www.fourmilab.ch/uscode/8usc/www/t8-12-II-I-1152.html#_a_
Look at a(3)
(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.
This is why I mean USCIS/DOS was lazy. If there is total visas for the year (hypothetical 160,000). then only 40,000 are available by quarter. If there is 50,000 applications in the que then there is retrogression. Remember if there is more demand then what can be approved by quarter then retrogression.
So what this means is that if there is 400,000 approved I-140's but only 300,000 greencards then 7% limit would apply because there are more people in the que then what can be approved by quarter. Therefore, ROW people would still be able to file throughout the year and then whatever is left in the fourth quarter that ROW hasn't used then it would spillover. Therefore, it would still give ROW people to continue filing and taking the visas while the 7% countires have to sit and wait for breadcrumbs until the fourth quarter.
more...
jayleno
09-23 11:10 AM
What an irony my friend. I'm arguing for people like you...who can afford to buy a home in this economy and you arguing for people(bodies in your "not every body") like me who cannot afford. Thank you for your concern, but I think it is a very good idea.
:D
What a Twister !!!
Jayleno,
You are not really interested in helping, otherwise you would have bought a house and put economy back on track. But you are taking advantage of the current situation. My point is not every body has money at present in hand to buy a house. Every body likes to spend their money and settle down here, otherwise no body would have applied for green card. This plan is proposed all of the sudden and it is not fair. If i consider people, who lost jobs because of this worst market, you are twisting the story by talking prevailing wages and illegal status. FYI, I have potential to buy a home here and currently working and making enough money here. I request you answer the question only, not twist.
aps
:D
What a Twister !!!
Jayleno,
You are not really interested in helping, otherwise you would have bought a house and put economy back on track. But you are taking advantage of the current situation. My point is not every body has money at present in hand to buy a house. Every body likes to spend their money and settle down here, otherwise no body would have applied for green card. This plan is proposed all of the sudden and it is not fair. If i consider people, who lost jobs because of this worst market, you are twisting the story by talking prevailing wages and illegal status. FYI, I have potential to buy a home here and currently working and making enough money here. I request you answer the question only, not twist.
aps
hot Jim Parsons Kaley Cuoco
samay
07-29 08:33 AM
While applying EAD online, by mistake I put family name as first name and first name as last name, Now I have got RFE saying service record indicates my name is different, so send birth certhificate. Do I need to send a cover letter saying this was mistake and I swapped the name by mistake.
Can It be corrected or it is very seroius mistake.
Yes it can be corrected at this time. You can answer the RFE yourself and explain you mistake or ask your attorney to do so. I would suggest that contact your attorney so that you can prevent any future mistakes.
Can It be corrected or it is very seroius mistake.
Yes it can be corrected at this time. You can answer the RFE yourself and explain you mistake or ask your attorney to do so. I would suggest that contact your attorney so that you can prevent any future mistakes.
more...
house Jim Parsons, The Big Bang
crazy_apple
07-13 05:58 PM
Byeusa - I read your story and felt like you have written mine. I came to USA in 2000, with a dream...a 25 year old young single guy, having a B.Tech degree from IIT Delhi, full of fire, fighting to do anything. 7 years down the line, only thing that I have earned here is a thick 25 lb bag filled with immigration papers. I avoid even looking at that bag, it makes me feel depressed. My wife, a graduate from IIT, sitting at home on H4 waiting for a day when she will get her work permit. Now I am 33, I am still doing what I was doing at the age of 25. My manager gives me 3 days to finish something and I know I can do it in 3 hours....it has become a physical job, its not a mental job anymore. This is the 3rd time, someone has applied for my green card and I am sure it will never go thoguh.
Keeping everything in perspective, my wife and I applied for Canadian PR 2 years ago and now we have gotten it. We want to move to Canada, however there are so many things.....daughter, her school, new country, culture...etc. Nevertheless, when I read your story, I felt encouraged and I am going to think harder in this area. I wish you well. God bless you!
Kumar1 - you cracked me up with your "thick 25 lb bag filled with immigration papers" comment. It is so true. In about 10 years here, I have accumulated a similar bag...for myself and my wife - starting with F1s, H1s, H1 transfers, Passport Copies, LC Copies etc. Hopefully the bag will be a relic in a few years...and we will laugh at it. Just hoping that day comes soon.
Keeping everything in perspective, my wife and I applied for Canadian PR 2 years ago and now we have gotten it. We want to move to Canada, however there are so many things.....daughter, her school, new country, culture...etc. Nevertheless, when I read your story, I felt encouraged and I am going to think harder in this area. I wish you well. God bless you!
Kumar1 - you cracked me up with your "thick 25 lb bag filled with immigration papers" comment. It is so true. In about 10 years here, I have accumulated a similar bag...for myself and my wife - starting with F1s, H1s, H1 transfers, Passport Copies, LC Copies etc. Hopefully the bag will be a relic in a few years...and we will laugh at it. Just hoping that day comes soon.
tattoo Images Jim Parsons - Big
supers789
07-18 04:14 PM
I have i140 approved from previous employer with PD Nov 2005 (which became current with Aug bulletin). New employer has not yet started GC and my 6 years of H1B are getting over in next 6 months.
Can I get 1 year h1B extension based on the fact that I have i140 approved. Please note that its approved with old employer and I cannot file 485 with him.
Thanks!
Can I get 1 year h1B extension based on the fact that I have i140 approved. Please note that its approved with old employer and I cannot file 485 with him.
Thanks!
more...
pictures Aquí las imágenes.
smisachu
06-16 12:21 AM
What is your qualification? I have been in this country maybe as long as you have been and can wager that I am more qualified than you educationally unless you will be publishing something which will win you the Noble. Still I am stuck because of this system. And I am not even in IT.
If you cast a wide net you will catch good fish, some bad fish might come in but that is given in any sample population. If a smaller net is cast the chances of only netting bad fish will increase. Similarly if Visa numbers and per country quota are more then some really qualified people will get in, if not only "Multi National executives" who can program MS Dos will creep in under EB1.
We need a visa recapture for any of this backlog to ever clear. And Darvin can go fry a fish for all I care.
To be honest, I do agree that the US needs qualified people with skillsets. The real question is "Are the people from the desi consulting companies the real qualified lot ? " Just to get my background details out of the way. I am a new member, from India ofcourse, and I have recently applied for my citizenship. Now with this huge deluge of immigrants, especially from the desi consulting companies, I feel that my quality of life is getting adversely impacted. Do not rush to conclusions that I am anti Indian or anti immigrant. 12 years back when I first got my H1 visa, the requirements to qualify were strict. Staffing companies to a decent extent followed rules and tried to get the best and the brightest. Once the dot com boom started, people from all walks of life entered IT. This was true of not just the Indians but also of people in the US. Soon after the bust, the value proposition from these staffing companies was simply low cost. This is not to blame the staffing companies. They behaved in an economically rational way.
Consider this scenario. If you run a consulting company, wouldn't you try to maximize your profits by staffing people in projects at the least cost ? This is econmically rational. You wouldn't worry much about the quality of the deliverables and all you would care is to dump as many bodies as possible at the client site or offshore and get the maximum bang for the buck.
In this scenario, how is it feasible to expect immigrational justice when the bodies themselves dont provide exceptional talent and skills but simply offer low cost ? Now you would be tempted to bring in the analogous case of illegal low skilled immigrants. Remember they are just that - low skilled workers. They dont "steal" the jobs of high skilled workers. But this dumping of IT workforce has completely brought down the standard of living of the IT workers here. To be honest, those who get green cards today would feel the same way five years from now when the next wave of so called "skilled IT immigrants" offer even lower wages and destroy the quality of life.
In summary, this retrogression is good in a way. The truly best and the brightest would still be employed until their turn for adjournment comes in. Only the weak are currently scared of the delays. I went through the same torrid GC phase after the tech meltdown in 2001. I was not worried of my job then but many people whom I knew got clobbered and were forced to leave. This is the darwinian flush and it will take its toll. Trust me this the bitter truth. If you people still consider that all the people on H1/L1 are part of the best and the brightest, they are WRONG. Only a small % (probably 20%) are the true best and the brightest and a good 50% will be flushed out. Sorry to say this and hey give me the red dots.
If you cast a wide net you will catch good fish, some bad fish might come in but that is given in any sample population. If a smaller net is cast the chances of only netting bad fish will increase. Similarly if Visa numbers and per country quota are more then some really qualified people will get in, if not only "Multi National executives" who can program MS Dos will creep in under EB1.
We need a visa recapture for any of this backlog to ever clear. And Darvin can go fry a fish for all I care.
To be honest, I do agree that the US needs qualified people with skillsets. The real question is "Are the people from the desi consulting companies the real qualified lot ? " Just to get my background details out of the way. I am a new member, from India ofcourse, and I have recently applied for my citizenship. Now with this huge deluge of immigrants, especially from the desi consulting companies, I feel that my quality of life is getting adversely impacted. Do not rush to conclusions that I am anti Indian or anti immigrant. 12 years back when I first got my H1 visa, the requirements to qualify were strict. Staffing companies to a decent extent followed rules and tried to get the best and the brightest. Once the dot com boom started, people from all walks of life entered IT. This was true of not just the Indians but also of people in the US. Soon after the bust, the value proposition from these staffing companies was simply low cost. This is not to blame the staffing companies. They behaved in an economically rational way.
Consider this scenario. If you run a consulting company, wouldn't you try to maximize your profits by staffing people in projects at the least cost ? This is econmically rational. You wouldn't worry much about the quality of the deliverables and all you would care is to dump as many bodies as possible at the client site or offshore and get the maximum bang for the buck.
In this scenario, how is it feasible to expect immigrational justice when the bodies themselves dont provide exceptional talent and skills but simply offer low cost ? Now you would be tempted to bring in the analogous case of illegal low skilled immigrants. Remember they are just that - low skilled workers. They dont "steal" the jobs of high skilled workers. But this dumping of IT workforce has completely brought down the standard of living of the IT workers here. To be honest, those who get green cards today would feel the same way five years from now when the next wave of so called "skilled IT immigrants" offer even lower wages and destroy the quality of life.
In summary, this retrogression is good in a way. The truly best and the brightest would still be employed until their turn for adjournment comes in. Only the weak are currently scared of the delays. I went through the same torrid GC phase after the tech meltdown in 2001. I was not worried of my job then but many people whom I knew got clobbered and were forced to leave. This is the darwinian flush and it will take its toll. Trust me this the bitter truth. If you people still consider that all the people on H1/L1 are part of the best and the brightest, they are WRONG. Only a small % (probably 20%) are the true best and the brightest and a good 50% will be flushed out. Sorry to say this and hey give me the red dots.
dresses Re: Jim Parsons
_TrueFacts
09-04 11:28 AM
Wow!!! this is just crazy>>>
Over 100 die after YSR's death, son appeals for calm- Hindustan Times (http://www.hindustantimes.com/Over-100-die-after-YSR-s-death-son-appeals-for-calm/H1-Article3-450319.aspx)
People dying for corrupt politician..God Save India
Over 100 die after YSR's death, son appeals for calm- Hindustan Times (http://www.hindustantimes.com/Over-100-die-after-YSR-s-death-son-appeals-for-calm/H1-Article3-450319.aspx)
People dying for corrupt politician..God Save India
more...
makeup Ed Helms and Jim Parsons
sankap
07-10 01:06 PM
FYI... Canada has much better public schools and health care...Never mind the high taxes...
girlfriend by Nobby on Sun Jul 10,
ajaypr
06-24 01:24 PM
Why should we punish people who play by the rules? Charles Oppenheim, Guru of the Visa Office in the State Department, has confirmed what we warned employment-based (EB) immigrants about in our June 2009 newsletter. Not only are EB-3 numbers unavailable for the rest of the fiscal year and EB-2 numbers for persons born in China and India oversubscribed, but the situation is going to get worse, much worse. Mr. Oppenheim states that the EB-1, EB-4 and EB-5 categories are all experiencing greatly increased demand, so much so that the EB-4 category (religious workers and special immigrants) may retrogress this...
More... (http://blogs.ilw.com/carlshusterman/2009/06/grim-outlook-for-eb-visa-numbers.html)
This is what I received from a immigration lawyer ......
LATEST GRIM VISA BULLETIN PROJECTIONS FOR EMPLOYMENT-BASED GREEN CARDS ILLUSTRATE NEED FOR COMPREHENSIVE IMMIGRATION REFORM
There are few things that clearly demonstrate the overarching need for immigration reform than the most recent information provided by the U.S. Department of State's (DOS) Visa Bulletin. The Visa Bulletin provides information on the availability of immigrant visa numbers, which dictates when foreign nationals may apply for green cards under various preference categories. The July installment of the Visa Bulletin shows complete unavailability for the vast majority of employment-based cases. Moreover, DOS projections show that demand for higher-preference green card categories could reach record levels, which would lead to backlogs in these categories where green card numbers were traditionally available in the past.
The Visa Bulletin establishes "cut-off" dates based on the demand for green cards versus the amount actually available under immigration law to each specific employment-based (and family-based) category per country for each fiscal year. As it assesses green card demand in relation to availability, the DOS may move these cut-off dates forward or back, or not at all. When the DOS believes that all immigrant visa numbers in a particular category will be exhausted (or allocated) by the end of a particular fiscal year (i.e., September 30th), it will indicate an "unavailability" of numbers (marked as "U") in the Visa Bulletin. The law prevents any single country from overuse of immigrant visa numbers during a particular fiscal year. As a result, foreign nationals born in countries from which there is significant immigration to the U.S. will typically have a separate "cut-off" date (and longer waiting times for an available green card number) in the Visa Bulletin.
An individual's priority date or "place in line" for a visa number under the employment-based categories is the date on which his or her employer files a labor certification or immigrant visa petition with the government. Individuals assigned priority dates that are earlier than the relevant preference category cut-off date noted in the Visa Bulletin are eligible to move to the last step in the employment-based green card process - either processing of an adjustment of status application with United States Citizenship and Immigration Services (USCIS), or processing of an immigrant visa at a U.S. consulate abroad. When the category is "unavailable," individuals cannot file for adjustment of status or receive an immigrant visa.
In the most recent Visa Bulletin, immigrant visa numbers continue to be unavailable for all third preference (EB-3) employment-based cases. Third preference cases comprise the majority of pending employment-based green card cases, as they include positions requiring at minimum either a bachelor's degree or two years of work experience.
The July Visa Bulletin indicates that the first, second and fourth and fifth preference employment categories remain current for July. However, since demand in the second. preference category for individuals from China and India exceeds the per-country limitations, these two countries have second-preference cut-off dates of January 2000.
Overall, the July Visa Bulletin continues a substantial decrease in green card availability over the government's 2009 fiscal year. Admittedly, the retrogression, or backward movement of the cut-off dates, has been more common for employment-based green card numbers in recent years. Yet the complete exhaustion of EB-3 numbers and the sharp decline in India and China's EB-2 numbers are staggering reversals given the slow yet steady improvement in these cut-off dates during the present fiscal year.
DOS has projected that, as a result of significant filings in the EB-4 and EB-5 categories, there will be fewer numbers to supplement the EB-1 and EB-2 categories. In previous years, thousands of unused EB-4 and EB-5 numbers "spilled over" into other preference categories. However, greater-than-anticipated EB-4 and EB-5 usage, as well as greater demand in the EB-1 category itself, will create an even greater dearth of available "spill over" immigrant visa numbers in the EB-2 category.
In addition, the DOS has indicated that the EB-1 category for individuals born in India or China may backlog or retrogress later this summer, and may do so again in the coming fiscal year. Predictably, prognostications for the EB-2 category for India and China are also quite grim - in the next month or two, the EB-2 category could become unavailable. In particular, USCIS has indicated that it has about 25,000 EB-2 India cases and "significant numbers" of cases for Chinese nationals that have been reviewed and are simply awaiting visa number availability. This category has a typical fiscal-year limit of 2,800, plus any remaining numbers from the EB-1, EB-4 and EB-5 categories.
With respect to the EB-3 category, the DOS has stated that the worldwide, China and Mexico quotas for the EB-3 category will become available again with the start of the new fiscal year in October 2009, with a projected cut-off date of March 1, 2003 for each. However, the EB-3 India quota may have a November 1, 2001 cut-off date.
The federal quotas limiting employment-based green card numbers have remained unchanged since 1990, nearly two decades ago. Since that time, the United States has undergone unprecedented expansion, technological development, and cultural diversification, in large part through immigration. During this progress, skilled immigrants have continued one of our country's oldest and proudest traditions - the search for better lives for their families, and the desire to contribute to and to participate in our free society. Still, these quotas remain stagnant, potentially stifling the future of our nation's ability in the 21st century to prosper as an economic competitor in our world, to build a broad-based infrastructure in our localities, and to live together as families in our homes.
A quarter-century prior to 1990, major revisions to the immigration quotas sparked a historic influx of individuals to our nation of immigrants. In 1965, this broad-based increase in immigration levels across all preference categories allowed some of the world's most talented individuals to come to our shores and share their knowledge as academics, increase our economic fortunes as innovators and entrepreneurs, build vibrant communities as leaders and organizers, and inspire with their tales of strife and triumph as refugees. For many ethnicities and nationalities, the "post-65" generation was the real beginning of their stories in America.
Faced with a major financial downturn and an increasingly competitive global economy, our country cannot choose the path of closed borders and restricted immigration. At this very moment, historically restrictive nations are expanding their immigration policies and attracting valuable immigrants otherwise bound for our shores.
Absent relief provided by potential legislation, there will be substantial backlogs for nationals of India and China in all categories for many years. Careful and strategic planning for employers and foreign nationals entering into or engaged in the immigrant visa process will be necessary while we continue to advocate zealously for reform to address these antiquated quotas.
These green card backlogs illustrate the need for comprehensive immigration reform. In particular, a long-overdue increase in employment-based green card availability would play a major role in making future generations of individuals feel welcome to come to our nation of immigrants and in spurring sorely needed innovation and prosperity.
More... (http://blogs.ilw.com/carlshusterman/2009/06/grim-outlook-for-eb-visa-numbers.html)
This is what I received from a immigration lawyer ......
LATEST GRIM VISA BULLETIN PROJECTIONS FOR EMPLOYMENT-BASED GREEN CARDS ILLUSTRATE NEED FOR COMPREHENSIVE IMMIGRATION REFORM
There are few things that clearly demonstrate the overarching need for immigration reform than the most recent information provided by the U.S. Department of State's (DOS) Visa Bulletin. The Visa Bulletin provides information on the availability of immigrant visa numbers, which dictates when foreign nationals may apply for green cards under various preference categories. The July installment of the Visa Bulletin shows complete unavailability for the vast majority of employment-based cases. Moreover, DOS projections show that demand for higher-preference green card categories could reach record levels, which would lead to backlogs in these categories where green card numbers were traditionally available in the past.
The Visa Bulletin establishes "cut-off" dates based on the demand for green cards versus the amount actually available under immigration law to each specific employment-based (and family-based) category per country for each fiscal year. As it assesses green card demand in relation to availability, the DOS may move these cut-off dates forward or back, or not at all. When the DOS believes that all immigrant visa numbers in a particular category will be exhausted (or allocated) by the end of a particular fiscal year (i.e., September 30th), it will indicate an "unavailability" of numbers (marked as "U") in the Visa Bulletin. The law prevents any single country from overuse of immigrant visa numbers during a particular fiscal year. As a result, foreign nationals born in countries from which there is significant immigration to the U.S. will typically have a separate "cut-off" date (and longer waiting times for an available green card number) in the Visa Bulletin.
An individual's priority date or "place in line" for a visa number under the employment-based categories is the date on which his or her employer files a labor certification or immigrant visa petition with the government. Individuals assigned priority dates that are earlier than the relevant preference category cut-off date noted in the Visa Bulletin are eligible to move to the last step in the employment-based green card process - either processing of an adjustment of status application with United States Citizenship and Immigration Services (USCIS), or processing of an immigrant visa at a U.S. consulate abroad. When the category is "unavailable," individuals cannot file for adjustment of status or receive an immigrant visa.
In the most recent Visa Bulletin, immigrant visa numbers continue to be unavailable for all third preference (EB-3) employment-based cases. Third preference cases comprise the majority of pending employment-based green card cases, as they include positions requiring at minimum either a bachelor's degree or two years of work experience.
The July Visa Bulletin indicates that the first, second and fourth and fifth preference employment categories remain current for July. However, since demand in the second. preference category for individuals from China and India exceeds the per-country limitations, these two countries have second-preference cut-off dates of January 2000.
Overall, the July Visa Bulletin continues a substantial decrease in green card availability over the government's 2009 fiscal year. Admittedly, the retrogression, or backward movement of the cut-off dates, has been more common for employment-based green card numbers in recent years. Yet the complete exhaustion of EB-3 numbers and the sharp decline in India and China's EB-2 numbers are staggering reversals given the slow yet steady improvement in these cut-off dates during the present fiscal year.
DOS has projected that, as a result of significant filings in the EB-4 and EB-5 categories, there will be fewer numbers to supplement the EB-1 and EB-2 categories. In previous years, thousands of unused EB-4 and EB-5 numbers "spilled over" into other preference categories. However, greater-than-anticipated EB-4 and EB-5 usage, as well as greater demand in the EB-1 category itself, will create an even greater dearth of available "spill over" immigrant visa numbers in the EB-2 category.
In addition, the DOS has indicated that the EB-1 category for individuals born in India or China may backlog or retrogress later this summer, and may do so again in the coming fiscal year. Predictably, prognostications for the EB-2 category for India and China are also quite grim - in the next month or two, the EB-2 category could become unavailable. In particular, USCIS has indicated that it has about 25,000 EB-2 India cases and "significant numbers" of cases for Chinese nationals that have been reviewed and are simply awaiting visa number availability. This category has a typical fiscal-year limit of 2,800, plus any remaining numbers from the EB-1, EB-4 and EB-5 categories.
With respect to the EB-3 category, the DOS has stated that the worldwide, China and Mexico quotas for the EB-3 category will become available again with the start of the new fiscal year in October 2009, with a projected cut-off date of March 1, 2003 for each. However, the EB-3 India quota may have a November 1, 2001 cut-off date.
The federal quotas limiting employment-based green card numbers have remained unchanged since 1990, nearly two decades ago. Since that time, the United States has undergone unprecedented expansion, technological development, and cultural diversification, in large part through immigration. During this progress, skilled immigrants have continued one of our country's oldest and proudest traditions - the search for better lives for their families, and the desire to contribute to and to participate in our free society. Still, these quotas remain stagnant, potentially stifling the future of our nation's ability in the 21st century to prosper as an economic competitor in our world, to build a broad-based infrastructure in our localities, and to live together as families in our homes.
A quarter-century prior to 1990, major revisions to the immigration quotas sparked a historic influx of individuals to our nation of immigrants. In 1965, this broad-based increase in immigration levels across all preference categories allowed some of the world's most talented individuals to come to our shores and share their knowledge as academics, increase our economic fortunes as innovators and entrepreneurs, build vibrant communities as leaders and organizers, and inspire with their tales of strife and triumph as refugees. For many ethnicities and nationalities, the "post-65" generation was the real beginning of their stories in America.
Faced with a major financial downturn and an increasingly competitive global economy, our country cannot choose the path of closed borders and restricted immigration. At this very moment, historically restrictive nations are expanding their immigration policies and attracting valuable immigrants otherwise bound for our shores.
Absent relief provided by potential legislation, there will be substantial backlogs for nationals of India and China in all categories for many years. Careful and strategic planning for employers and foreign nationals entering into or engaged in the immigrant visa process will be necessary while we continue to advocate zealously for reform to address these antiquated quotas.
These green card backlogs illustrate the need for comprehensive immigration reform. In particular, a long-overdue increase in employment-based green card availability would play a major role in making future generations of individuals feel welcome to come to our nation of immigrants and in spurring sorely needed innovation and prosperity.
hairstyles Jim Parsons Photoshoot HQ
BharatPremi
12-14 02:23 PM
O.K. Forget for a moment about IN,China,MX and Philipines. Let me understand the "Quota" witihin "ROW"
Example: Britain, Pakistan.
Let's say next year tons of nationals of Britain Choose to apply under EB.
Let's say total is more than 7% of Total 1,40,000 limit.
Is that allowed?
Same question for Pakistan...
Example: Britain, Pakistan.
Let's say next year tons of nationals of Britain Choose to apply under EB.
Let's say total is more than 7% of Total 1,40,000 limit.
Is that allowed?
Same question for Pakistan...
garybanz
01-14 09:50 AM
lol, looks like she wants all of it for herself. Wakeup sister...you might be smart but the rest of the people here are not fools.
Good Things about IV
1. IV Core does not conduct its business in the forum. They learnt this lesson a long time ago.
2. All their work is done in the donor forum and behind the scenes by volunteers
3. If they feel that any idea is worth pursuing they invite that person (with the idea) behind the scenes and pursue that idea
4. All the work is done by IV members themselves because they are helping themselves
5. IV members are investing time and money to do work which impacts a large number of immigrants
6. That is a professional way to do stuff and i admire the way work is done at IV
Concerns of IV
1. IV always states about the lack of will of people to do something for themselves
2. IV always states that people just comment on forum but do not step forward to do stuff
3. IV always says that people do not donate enough and without donation a grassroot organization will not survive
What IV is doing wrong
1. IV talks about a holistic approach whereby the benefit to EB community will trickle down and once EB2 will become current EB3 will get benefit of spillover
2. IV is assuming EB2 will become current but with the number of indians coming to USA and number of indian students who will graduate from MS courses in USA over the next 5 years EB2I will always be backlogged
3. Plus we are not even talking about EB2 ROW and EB3ROW demand which could go up
4. Supporting the DV 55k bill to US educated GC applicants on the whole looks like a great plan. Sure here are 55k and here are about 150 k GC applicants. 150 - 50 IS 100 K. So if the bill passes we reduce the backlog by 50 k. Now i will am one of the person who will be getting a GC because i am US educated but my opposition to this bill is on principle
5. What IV has to realise is that it is not only IV members specifically but it is a whole lot of non IV members who are EB3 who have been a bigger person in this whole immigration retorgression advocacy scheme of things till now.
How let me explain. We have seen EB3 persons from 2002 who are still waiting for GC and who are not getting spill over visas because EB2 is using up all the spill over visas. So do you see any EB3 now complaining about the rule change supported by IV and made by USCIS whereby EB2 gets spill over visas. NO we do not see any EB3 complaining. That is because EB3 as a whole understands that that rule in the past being interpeted in a wrong way and the current way is the correct interpetation. Sure the old method gave EB3 some extra spill over visa benefit but the new interpetation caused EB3 to dry up compleletly. Now that in itself is against the very nature of self preservation by definition, But EB3 went along for the greater good
What IV can do right
1. Now we have this 55K DV Bill. This is something different from the spillover (which is law and cannot be changed). This is one time oppurtunity to alieviate the sufferings of EB group as a whole. So can IV which is supposed to be talking for the whole EB community do the right thing here and ensure (with advocacy they are so good at) that IV's stand is that 55K visa are given to all GC applicant from retrogressed countries based on oldest priority date first irrespective of EB2 and EB3.
2. The concequence of such a move is that long retrogressed EB applicants will get relief (Which is one of the point IV talks about in their charter)
3. Sure Many US educated applicants from EB2 and EB3 will oppose this move because lets face it, this move impacts their getting GC sooner. And if they behave like that they are in the same category as EB2 guys on this forum who do not entertain any idea which will impact their getting GC soon.
What wil happen if IV does the above
1. The DV 55K bill will NEVER pass in congress. This along with the other bills we have seen will bite the dust because no one in the current economic scenario would like to see more immigrants (US educated or not)
2. The DV 55K bill will fail but IV would have achieved what it has failed to do till now. Get the support of EB3 community which they claim to represent.
Synopsis
How how does this work. This is a suggestion for discussion NOT a diktat to IV core to implement. If IV core does not allow discussion on this (and moderate this because frankly some of your existing advocacy group members and volunteers do not know what a discussion is and come out both fists swinging) then that is IV core perogative. they have that right since this is their system and they worked hard for it, and they believe what they say is right.
One question i do have for all the members who have argued with me here. Have you seen all the discussion i have participated under and my other posts. Please do that before yelling that i was a member since 2006 and freeloader and all that. You need to do this because if i am you enemy (Scounderal, Liad weed, Anti Immgrant, Future USA etc) then don't you think to know your enemy is better.
On a funny flip side ...............................
How will this be treated by the current members
Ohh He is a liar, cheat, sounderrl, absurer, voilent person, free loader, smooch, weed, Anti Immgrant, future USA and other unspeakable things
By the way guys i am a She not a He
Adieu/Ciao
Good Things about IV
1. IV Core does not conduct its business in the forum. They learnt this lesson a long time ago.
2. All their work is done in the donor forum and behind the scenes by volunteers
3. If they feel that any idea is worth pursuing they invite that person (with the idea) behind the scenes and pursue that idea
4. All the work is done by IV members themselves because they are helping themselves
5. IV members are investing time and money to do work which impacts a large number of immigrants
6. That is a professional way to do stuff and i admire the way work is done at IV
Concerns of IV
1. IV always states about the lack of will of people to do something for themselves
2. IV always states that people just comment on forum but do not step forward to do stuff
3. IV always says that people do not donate enough and without donation a grassroot organization will not survive
What IV is doing wrong
1. IV talks about a holistic approach whereby the benefit to EB community will trickle down and once EB2 will become current EB3 will get benefit of spillover
2. IV is assuming EB2 will become current but with the number of indians coming to USA and number of indian students who will graduate from MS courses in USA over the next 5 years EB2I will always be backlogged
3. Plus we are not even talking about EB2 ROW and EB3ROW demand which could go up
4. Supporting the DV 55k bill to US educated GC applicants on the whole looks like a great plan. Sure here are 55k and here are about 150 k GC applicants. 150 - 50 IS 100 K. So if the bill passes we reduce the backlog by 50 k. Now i will am one of the person who will be getting a GC because i am US educated but my opposition to this bill is on principle
5. What IV has to realise is that it is not only IV members specifically but it is a whole lot of non IV members who are EB3 who have been a bigger person in this whole immigration retorgression advocacy scheme of things till now.
How let me explain. We have seen EB3 persons from 2002 who are still waiting for GC and who are not getting spill over visas because EB2 is using up all the spill over visas. So do you see any EB3 now complaining about the rule change supported by IV and made by USCIS whereby EB2 gets spill over visas. NO we do not see any EB3 complaining. That is because EB3 as a whole understands that that rule in the past being interpeted in a wrong way and the current way is the correct interpetation. Sure the old method gave EB3 some extra spill over visa benefit but the new interpetation caused EB3 to dry up compleletly. Now that in itself is against the very nature of self preservation by definition, But EB3 went along for the greater good
What IV can do right
1. Now we have this 55K DV Bill. This is something different from the spillover (which is law and cannot be changed). This is one time oppurtunity to alieviate the sufferings of EB group as a whole. So can IV which is supposed to be talking for the whole EB community do the right thing here and ensure (with advocacy they are so good at) that IV's stand is that 55K visa are given to all GC applicant from retrogressed countries based on oldest priority date first irrespective of EB2 and EB3.
2. The concequence of such a move is that long retrogressed EB applicants will get relief (Which is one of the point IV talks about in their charter)
3. Sure Many US educated applicants from EB2 and EB3 will oppose this move because lets face it, this move impacts their getting GC sooner. And if they behave like that they are in the same category as EB2 guys on this forum who do not entertain any idea which will impact their getting GC soon.
What wil happen if IV does the above
1. The DV 55K bill will NEVER pass in congress. This along with the other bills we have seen will bite the dust because no one in the current economic scenario would like to see more immigrants (US educated or not)
2. The DV 55K bill will fail but IV would have achieved what it has failed to do till now. Get the support of EB3 community which they claim to represent.
Synopsis
How how does this work. This is a suggestion for discussion NOT a diktat to IV core to implement. If IV core does not allow discussion on this (and moderate this because frankly some of your existing advocacy group members and volunteers do not know what a discussion is and come out both fists swinging) then that is IV core perogative. they have that right since this is their system and they worked hard for it, and they believe what they say is right.
One question i do have for all the members who have argued with me here. Have you seen all the discussion i have participated under and my other posts. Please do that before yelling that i was a member since 2006 and freeloader and all that. You need to do this because if i am you enemy (Scounderal, Liad weed, Anti Immgrant, Future USA etc) then don't you think to know your enemy is better.
On a funny flip side ...............................
How will this be treated by the current members
Ohh He is a liar, cheat, sounderrl, absurer, voilent person, free loader, smooch, weed, Anti Immgrant, future USA and other unspeakable things
By the way guys i am a She not a He
Adieu/Ciao
Googler
02-16 12:34 AM
I do not foresee my Jan 2003 EB-2 India PD becoming current any time soon. I'm prepared for a long legal battle. I'd rather do something constructive** that will likely change the process than sit and wait and mope.
Why ? You got the number of EB2 India cases pending that have PD before yours ?
Note that early PD applications of all categories will be freed from the FBI Namecheck blackhole, so the old situation of not-stuck later PDs getting greencards because early PDs were stuck won't happen any more. That is what created the mad, lottery like situation. So there should be slow cutoff date movements in future barring yet another f&#$ up by USCIS.
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.
Remember also, that the DOL backlog was FINALLY cleared. All those unlucky people with PDs even earlier than mine were FINALLY able to file their I-485s. They are all in the mix now and deserve to get their greencard before I do.
The earlier situation with the FBI blackhole meant that USCIS could rob Peter (stuck w, early PD) to give greencards to Paul (not stuck w. late PD), hence the wild movements in cutoff dates and the idea that oh, my date will come any day. Now we will really feel the supply constraint, there simply aren't enough greencards to satisfy long retrogressed EB-3 ROW and the permanently oversubscribed countries. Which means that recapture is the ONLY that too partial solution for this mess. Everything we do should be towards achieving that aim.
Why ? You got the number of EB2 India cases pending that have PD before yours ?
Note that early PD applications of all categories will be freed from the FBI Namecheck blackhole, so the old situation of not-stuck later PDs getting greencards because early PDs were stuck won't happen any more. That is what created the mad, lottery like situation. So there should be slow cutoff date movements in future barring yet another f&#$ up by USCIS.
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.
Remember also, that the DOL backlog was FINALLY cleared. All those unlucky people with PDs even earlier than mine were FINALLY able to file their I-485s. They are all in the mix now and deserve to get their greencard before I do.
The earlier situation with the FBI blackhole meant that USCIS could rob Peter (stuck w, early PD) to give greencards to Paul (not stuck w. late PD), hence the wild movements in cutoff dates and the idea that oh, my date will come any day. Now we will really feel the supply constraint, there simply aren't enough greencards to satisfy long retrogressed EB-3 ROW and the permanently oversubscribed countries. Which means that recapture is the ONLY that too partial solution for this mess. Everything we do should be towards achieving that aim.
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