Monday, July 4, 2011
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  • gdilla
    07-26 02:25 PM
    I suspect being unemployed in any country is a crappy experience. Get a job first. There's lots of job sites online, check it out for yourself. Tap your network, etc. You can even setup your own company/consultancy and serve your US clients if you so desire.


    But what about the jobs in Canada? How bad is it? Without a job, what is the point of quality of life etc.?





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  • alisa
    02-14 10:06 PM
    Very sad to hear about this.

    I don't know what else to say. I am sorry to hear that this happened.

    I'm sorry, I haven't monitored the web-site since my last posting.

    Today reality hit me very hard. I am in my late thirties and I haven't had much adversity in my life regarding financial, career, family, etc.

    However; today reality really hit me hard.

    One gentlemen, his name was Raja Pitchai. He had asked me to help him file his I-140 and ask for cross chargeability to his wife's place of birth (singapore). USCIS accepted his package and his 140 got approved in a couple of months. (his priority date; india became available one month later anyways (he was from india eb2).

    He was the one of the nicest guys I have talked to. Very courteous fellow.

    They couldn't approve his case because he was stuck in name check. Well, his wife called me today and told me that he passed away last week (brain tumor). He had two U.S. citizen children but him and his wife have no relatives here.

    She doesn't seem to be interested to stay here (she wouldn't be able to keep the greencard process going anyways because the death of the petitioner is automatic denial). She is leaving USA and was going through all the things she needs to wind up. I don't know if she would have stayed here if she got the greencard and I didn't want to task. Reality really him home today.

    I need a couple of days to get over this.





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  • Munna Bhai
    01-26 08:01 AM
    Hello,

    My I-140 is approved and I have a PD of Feb 2006.

    One of my colleague whose job description is little different then mine has a PD of Sep 2003 and his Labour got approved but he left the company.

    So is there anyway his approved labor is useful to me. What are the ifs,buts etc.
    ----------------
    I changed your thread title. when you start a new thread make your thread title descriptive for all members to easily sift through threads- Admin





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  • sumagiri
    09-28 11:04 AM
    I don't think in any year EB2ROW has got 40K GC in the past, even when the economy was in good shape.

    Does anyone has links for the annual GC issuance per country/per category for 2008. I missed the link.

    The worst case scenario would be 20,000 max. That means EB2(I) will move to Mid or3 rd quarter of 2006 by end of 2010.

    Sachug22, that is very good info. Thanks for posting this and giving you green.

    A minor correction though.
    I read some where that the avg PERM time is now 9 months. Also, we know that the average time for GC processing (getting receipts, appointment for finger prints, name check etc) is about 3 months. And then sure there is time lag for any one between PERM and I-140/I-485. So we should exclude the PERMS filed in last quarter because by the time, those are eligible for AOS adjudication, most probably they fall in to yr 2011.



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  • kittu1991
    07-16 06:02 PM
    EB2 is current now..."EB2 will be current within a year" gives an impression that EB2 which is not current will get current in one year...
    He is talking about Eb2 India.





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  • angelfire76
    01-14 02:38 PM
    What these guys are really trying to achieve is bring back the good old days of high billing rates. I guess they see that the desi consulting company is responsible for driving down the quality as well as rates and salaries. The memo gives examples that would make it ok for large consulting companies like Accenture, Infy, PWC, etc, but not ok to be a *tech or *soft desi consulting company.

    Aren't billing rates the reason why the Indian IT biggies decided to establish business consulting practices? They are offering to bring the same employee that a PWC or Accenture brings in, but at a lower rate to the client.
    The quality difference is also not huge (one lisps better in English and another doesn't); there's junk everywhere and these big IT companies also hire people at minimum H-1B wage to improve margins. Lot of times you get what you pay for.



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  • knowDOL
    08-03 04:21 PM
    The comment period ended April 17th 2006. I heard, Many top companies were against elimination, probably, because they had plenty of labors using which they could attract senior and bright H-1B's. Also, I think USCIS needs to publish an elimination of substitution in this respect which will again have to go through comment period, only after all this the elimination will come into place.

    But the reason why elimination proposal came in is because of fraud and not because of unfair ness to people who are in line or FIFO because of transfer of PD. DOL and USCIS noticed that companies are sellling Labors which is fraud. There was some memo that USCIS will not publish until last quarter, soeveryone expected the rule will become effective by August September time frame. But I have not read anything as of today that the USCIS published anything in Federal register relatting substituion elimination.

    Probably we should wait and watch. My guess is that something may come by October 1st, 2006. Only an assumption.





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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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  • hydboy77
    05-29 04:36 PM
    I agree with what you said except I would add those past mid 2004 instead of 2005 as hopeless situation in eb2 india. I dont think the Eb2 India will ever move past March/april 2004. Infact with every visa bulletin the EB2 india dates will start moving backward to 2003-2002. One silver lining is Eb3 to eb2 porting will be completely useless. It now takes atleast 6 monts for perm to clear( this is the best case), EB2 is almost impossible to get, if you take a risk and apply in eb2 almost gaurenteed for audit. atleast now we have a clear picture of how many decades(no pun intended) it takes for eb2 and eb3 India to get there green card. My guess is obama\durbin\grassley are figuring out how to kick us out. I remember one of the tactics that the conservatives proposed for kicking out the illegals was to make it difficult for illegals to get employed by imposing heavy fines on employers for hiring illegals. Obama durbin and the democrats are using the same tactics with just a minor difference, instead of illegals they (obama\durbin et al) are going after legals by issuing RFE on EVL even for 485 etc etc etc. Basically they want to haress and make us so dejected that we will leave US and they can keep our social security taxes for wealth redistribution. most of us (atleast the people who graduated out of US universities) gave the prime part of our lives for this country, now we are being treated like we are not even humans. How can anybody work in US for 10+ years and still not have a green card and face the possibility of being kicked out.

    Ok, the guy that sets the dates says that he sees no possibility of dates moving forward for EB India and ppl are still thinking there is hope? I am an optimist and try to see the brighter side - and that side here is that we know there is no hope for those past 2005 in the next two years. That to me is sufficient to make decisions and move on. Be it changing to a different job or going back to the home country - most probably the former for me.





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  • alterego
    07-25 07:37 PM
    The argument that EB2-1 PD will retrogress to 2002 or 2004 does not seem to be based on numbers, but a random speculation. Doesn't not undermine vdlrao's projections in a credible way


    Spillover may not be there, or may be there but when the new quota opens up October 1st, new minimum numbers will be available for EB2-I. Worst case scenario, dates will remain static or very minimal backward movement. It looks like the black hole is the time between late 2004 and early 2005, pre-PERM.Other than saying there is massive inventory of backlogged cases, Ron has not given better/ actual numbers of likely pending EB-2 I cases.

    Next years numbers are not consequential to EB2I movement to be honest. Any realistic movement will depend on spillover. Consider that EB2I is statutorily limited to about 2800 visas(inclusive of family members) without spillover. Whereas spillover has the potential to contribute tens of thousands of visas.

    Ron's assertion that "most of the EB India backlog" is EB2 is frankly not credible in my view. I am not sure what his source is for this, but it seems way off the mark. EB3 will clearly be far more than EB2 in my view.



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  • hiralal
    06-11 08:12 AM
    ratturani, i am seeing an increasing number of posts that state the facts as clearly as you have stated... thats great... now i think somewhere some day, someone will float a good idea of motivating employers such as MS, Intel, BAC etc to fight for us instead of trying to motivate only the congress... see, we dont have too much of power in congress... :-(
    very good points.
    this is what we do till infinity ...discuss discuss discuss.
    open more threads, discuss discuss discuss.
    end.
    we discuss more than the congress.

    let us come with small numerous campaigns to highlight the contributions of legal immigrants..atleast that will prevent people from getting bored





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  • gimmeacard
    07-28 04:08 PM
    #1 Landed in Texas in late 90's at a friends place. Friend took me to get SS# next day, dropped me at SS office during his lunch time and came in the evening at SS office to pick me up. While waiting outside, in a span of 20 minutes, had two people (one desi and another a colored person) approach me trying to befriend me...obviously I fall for it, second day and I meet such a nice person , offering me help if I needed. etc. Asked me for my cell or home #, I did not have any (was only going to stay at friends for few days and then going to Phoenix), so, i managed to get their business cards and I promised to call them.
    In the evening, friend picked me up, told him what happened, he laughed and said "they already got you....unbelievable..hit in just one day of landing... I asked him to explain what was going on, he said he explained me everything. He mentioned that his brother-in-law will be at his home in the evening for dinner (an IBO), and asked me to tell him that I was not interested as I wanted to focus on career first. We go inside, he introduced to his BIL, BIL immediately asked me when I came and what I do, and that he has an excellent business offer for me, which he would discuss with me after dinner. My friend blinked at me, I told him that I had a business proposal for him as well. He was surprised and asked me what it was. I told him that when I was in India, I was a IBO and I wanted him to be an IBO, after listening to what I had to say.

    He and my friend were astonished, my friend and his wife were laughing. BIL said he was going to talk about the same thing to me, I said, I am tired and if he already is a IBO, I will not talk about it at all, as I would rather sleep (jet lag). Got rid of him easily...


    Incident #2: After moving to Phoenix in 8 days, landed at my Desi consultant's, got a 2 Bedroom townhome shared by total of4 people. One of them was active in AMWAY...asked me if I wanted to go to a business meeting followed by Tea/snacks. I told him I could come only if he stops by grocery store first as I wanted to buy stuff. I did not have car so needed his help for groceries etc. I went with him and few of other FOBs that he had managed to "capture" (New Bakras for him). Went to his friends house who was a new IBO and hosting tea party/(Bakra kato seminar) first time, so he had lot of food/snacks etc. I enjoyed the snack, slept in the mkt. speech. ate good food. Told him that I was already an IBO when the form signing ceremony started, friend was mad why I did not tell him, I told him that I should be mad at him for wasting my time and not telling me where and what this meeting was about. Had a fun at his expense :-)
    in couple of weeks moved to Mid North East, where I did not face any AMWAY/QUI guy/s.

    Good HUmor for a wednesday..


    BTW, i lost a good old friend right in first week of landing, we worked @ same company in India(birlasoft), were happy to reach Uncle Sam, (he came before me)- asked me to join a meeting, will arrange pickup etc. somehow i missed the ride- LUCKY ME

    next day again it started out - he never said what it was about who is involved etc.
    i said no i dont think i would like to be involved, i was still calculating $1 = 45 Rupees, MCDONALD # 3 combo is Rs 300 oh lala, too expensive( YEAR 2000)

    So my kanjusi paid off, see sometimes being lazy helps



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  • Keeme
    05-01 03:50 PM
    Please show solidarity with Pakistani Sikhs too.

    http://timesofindia.indiatimes.com/World/Pakistan/Taliban-seize-Sikh-houses-shops-in-Fata/articleshow/4469796.cms

    The least India can do is to is to offer asylum to all Pakistani Sikhs. Our govt has not shown any inclination for that so far.

    We must ! Have no doubt about it !





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  • BharatPremi
    09-25 07:46 PM
    Well, somebody is saying that "preadjudication" may have a diiferent meaning too. See the following link.

    Statistics of USCIS Preadjudication of EB-485 Applications and Prospects (http://pathrika.net/myknowledgebase/index.php?option=com_content&view=article&id=168:statistics-of-uscis-preadjudication-of-eb-485-applications-and-prospects&catid=44:immigration-law-news&Itemid=56)



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  • kondur_007
    06-03 06:37 PM
    this article says and I quote:
    "Mr. Oppenheim stated that immigrant visa applications at U.S. consulates abroad are down seven percent from FY2008. India will use all the visa numbers that are available to its nationals this fiscal year. This is due, in part, to huge increases in the usage of EB4 and EB5 categories. Applicants from India have used twice the number of visas estimated for FY2009"
    now the only category indians could have used up more numbers is EB1, as that is the only category which is current. and this means that india's normal share about 9600 per year, so an extra 9600 EB1 were issued to india, which sounds improbable. this also contradicts what is said in the next paragraph about EB1 usage.
    "Mr. Oppenheim expects that all EB1 visa numbers will be used before the end of FY2009. This may result in the establishment of a cutoff date for the EB1 categories for India and China, beginning in August or September 2009. Usage in the EB1 worldwide category (listed as "all chargeability areas except those listed") is also higher than expected. This may lead to imposition of a cutoff date toward the end of FY2009"
    it can not have gone to EB2 because as Mr. Oppenheimer puts it
    "The EB2 category worldwide is also expected to be over-subscribed and will exhaust all allocated visa numbers before the end of FY2009. To date, Mr. Oppenheim estimates that 3,200 EB2 India visa numbers have been used in FY2009. The high usage in the EB1 category has prevented the usual trickle of visas to the EB2 category"
    so i dont know what he is trying to say when india has used twice the limit in 2009..i would really appreciate any input.
    ALso can somebody please explain this sentence as well
    "He stated that, due to the dramatic increase in employment-based filings visa cutoff dates for FY2010 will be much more limited to ensure that there will be a steady supply of visa numbers available throughout the year"
    However a later report from USCIS says there is a drastic reductionin I 140 apps,
    also just today AILA released that DOL is processing JULY 2008 PERM cases, so where is this demand by increased filings that Mr. Oppenheimer talking about coming from.
    I am totally confused. senior members please analyze


    All these statements are difficult to analyze...I tried to add things up but could not.
    The only way to get the actual idea of what is happening is to look at July, Aug and Sept visa bulletin as well as usage statistics for 2009.

    As far as most of us are concerned, the fiscal year is over and there is no hope till next fiscal year. The analysis of above mentioned visa bulletins and usage statistics may help to understand what to expect over the next fiscal year and thereafter...

    Is all these because of "increase efficiency" of USCIS and FBI that they processed all the old cases (better scenario) or is the result of something else (like tons of EB1C filing) in which case it will be 10+ yrs of delay for most of us:(
    So just wait...





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  • H1BLegal95
    02-13 01:41 AM
    im willing to pay 1000's of dollars in lawyer's fees..

    this im intersted in more than sending letters.

    pls explore class action suit.



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  • sumagiri
    09-28 11:04 AM
    I don't think in any year EB2ROW has got 40K GC in the past, even when the economy was in good shape.

    Does anyone has links for the annual GC issuance per country/per category for 2008. I missed the link.

    The worst case scenario would be 20,000 max. That means EB2(I) will move to Mid or3 rd quarter of 2006 by end of 2010.

    Sachug22, that is very good info. Thanks for posting this and giving you green.

    A minor correction though.
    I read some where that the avg PERM time is now 9 months. Also, we know that the average time for GC processing (getting receipts, appointment for finger prints, name check etc) is about 3 months. And then sure there is time lag for any one between PERM and I-140/I-485. So we should exclude the PERMS filed in last quarter because by the time, those are eligible for AOS adjudication, most probably they fall in to yr 2011.





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  • fide_champ
    08-17 10:27 AM
    This is a country of law. If your name is flagged by any reason, no matter who you are, you are going to send for secondary investigation. There are thousands of peoples pulled for secondary investigation everyday. Are they all Khan? SRK, you lost your credibility on this issue.
    In 2002, then President Bush's two teenager twin daughters were charged for producing fake ID to buy beer in the Texas bar. Instead of supporting daughter, President apologize.
    In Baltimore, where I live, charged Micheal Phelps (winner of 8 gold medals in last Olympic) for having accident with expired Driving License.
    When India will come out of "Celebrity worship"?

    Does president OBAMA come through US port-of-entry and all the security checks when he lands on US from a trip abroad? or does he land directly in white house? Don't tell me the US officials don't make exceptions. Only the degree to which they do differs from country to country.





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  • longq
    02-13 02:17 PM
    Further division is not good.

    I was on record that DOS/USCIS misallocated visas in 2005. India received much more in eb3 then what they were entitled to. In fact, India, China, Mexico and Phillipines should have not gone over their 7% as a whole of the 250,000 greencards available. Because of this; dos/uscis learned their lesson and started to follow the law appropriately.

    I did say that if in 2006 any country went above their limit of 7% then it would cause a lawsuit which I would be a part of. However, there would be some negative outcomes from it. UScIS/DOS behaviour could only change going forward. They could revoke the greencards issued in 2005 for people who went over the 7% limit (uscis has upto 5 years to rescind greencard if approved by mistake) but they would not get re-allocated because there is no carryover from one year to the next in the current law. Only outcome would be to change it going forward. As I've said in the past; people were spoiled at the laziness of DOS/USCIS. Retrogression and the visa allocation should have happened a long time ago.

    Again wrong information by you and trying to hide background or historical information. Either USDOS/USCIS has not mismanaged the numbers in 2005. Claiming India and China was given more than they entitled to is wrong . They (DOS) did everything right till 2005. Now only they are violating. One has to study the historical issues before 1999. Before 1999, both India and China (both EB2 and EB3) were retrogressed heavily and backlogged. However ROW was current in all EB catagories. There was no retrogression in ROW. It was always current before 1999.

    For example, here is March 1999 VB

    All Charge-
    ability Areas CHINA-
    Except Those mainland
    Listed born INDIA MEXICO PHILIPPINES
    Employment-
    Based

    1st C 22JAN98 C C C

    2nd C 08SEP96 08SEP97 C C

    3rd C 01JAN95 08FEB96 C C



    As a part of AC21 act in 2000, the unused numbers (about 100,000) were recaptured to eliminate the backlogs in EB categories. The reason was this recapture to remove retrogression in India and China, as because that was only two countries backlogged at that point.

    After that ac21 law, there were additional 100,000 visas available apart from 140,000 visas every year. DOS has given 100,000 additional visas to USCIS in 2000 itself to consume it. Because of USCIS slowness/inefficiency in processing 485s between 1999 and 2004, they even did not have processed the yearly quota. Therefore the recaptured visas were remain unused for 5 years because of USCIS inefficiency. Therefore, at some point, it has to be consumed. Therefore USCIS did backlog elimination drive in 2005 (6 months processing of 485s ) to use all the recaptured visas. The original intension to remove backlogs in India and China. That was done by USCIS. USCIS can not hold that recaptured numbers for ever (by imposing 7% limit in India and China) how the future demands will be in EB3-ROW. Far example, if ROW demands 200,000 EB3 visas in year 2020, USCIS/DOS can not hold that AC21 numbers (that were recaptured in 2000) for ROW to be consumed in 2020, by imposing 7% limit. No one can anticipate future demands.

    Theoretically speaking those numbers belongs (AC21 recaptured numbers came only from EB1 and EB2 pool) belongs to EB1 and EB2 category. EB3 never gave any unused numbers in previous years. Ideally speaking, those numbers should have been issued to EB2 category first to eliminate backlogs in EB2 then only to EB3 ROW. Infact, all the ac21 numbers were used to eliminate retro in EB3 only. In 2005 they issed only 44,000 EB2 compare to about 150,000 visas in EB3. This is big injustice to EB2 India and China.

    Bottom line is EB3-ROW is enjoying with the expense of EB2 India and China.





    pappu
    07-16 11:07 PM
    Please Sir,

    ....

    MC

    Please do not force the Immigration lawyer to answer your question IV has left it to the lawyer to answer questions they want to. This is a free service for IV members. We are grateful to the lawyer for this help.





    go_guy123
    06-12 12:10 AM
    ...were forced to leave. This is the darwinian flush and it will take its toll. ......


    Without any visa capture....EB2/EB3 India will get flushed in this deep recession.



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