lord_labaku
02-13 12:32 AM
Before the Y2K problem, the most common route for Indians to migrate to the US (EB category) was this -->
TOEFL
GRE
Admission into US university (most likely for masters)
Scholarship or loan
MS/Phd in US
Internship using OPT
Job/ H1
Since this involved multiple non trivial steps; the barrier for entry was pretty high that prevented mass migration.
There were procedural delays (in some states with a lot of Indian population ( oh yeah; labor certs used to take 3-5 years esp in California, Texas & Northeast; but you could get labor cert faster in south dakota or such less densely populated places; but once you hit the 485 stage, you were certain of a GC within a few months )
And then along with Y2K came TCS, Wipro, Infosys, & infinite other bodyshops that suddenly changed the equation. No need for TOEFL, GRE. No need to fight for scholarship; no need for TA. no need for RA; no need for MS; in a lot of cases, no need for even UG degree in computers/engg. The requirements ranged from having all 10 fingers in place to knowing the right people in the bodyshop company to land an assignment in the US. Once placed at a client site, it was just a matter of finding the right opportunity to get the client to sponsor your H1. I am sure there were a lot other ways the H1 & L1 visas were abused.
So the situation changed from just procedural delays to procedural delays + extra influx of Indians due to H1/L1 visa misuse.
Ofcourse, we can only blame the inefficiencies of the USCIS/INS/DOL system & silently turn the other way when malpractices & visa abuse were rampant (I guess still is) in the IT bodyshop industry.
I am sure this rant will seem extremely prejudicial. But just for a slight moment; think about why all this happened.
TOEFL
GRE
Admission into US university (most likely for masters)
Scholarship or loan
MS/Phd in US
Internship using OPT
Job/ H1
Since this involved multiple non trivial steps; the barrier for entry was pretty high that prevented mass migration.
There were procedural delays (in some states with a lot of Indian population ( oh yeah; labor certs used to take 3-5 years esp in California, Texas & Northeast; but you could get labor cert faster in south dakota or such less densely populated places; but once you hit the 485 stage, you were certain of a GC within a few months )
And then along with Y2K came TCS, Wipro, Infosys, & infinite other bodyshops that suddenly changed the equation. No need for TOEFL, GRE. No need to fight for scholarship; no need for TA. no need for RA; no need for MS; in a lot of cases, no need for even UG degree in computers/engg. The requirements ranged from having all 10 fingers in place to knowing the right people in the bodyshop company to land an assignment in the US. Once placed at a client site, it was just a matter of finding the right opportunity to get the client to sponsor your H1. I am sure there were a lot other ways the H1 & L1 visas were abused.
So the situation changed from just procedural delays to procedural delays + extra influx of Indians due to H1/L1 visa misuse.
Ofcourse, we can only blame the inefficiencies of the USCIS/INS/DOL system & silently turn the other way when malpractices & visa abuse were rampant (I guess still is) in the IT bodyshop industry.
I am sure this rant will seem extremely prejudicial. But just for a slight moment; think about why all this happened.
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she81
02-13 02:54 PM
I'm all in for it if we decide to pursue something like that. If other (smaller) categories can do it, EB has a huge following. Remember, many sufferers came forth to volunteer in last July's AILA lawsuit that never materialized. I don't think we'll have a problem gathering suffering souls for this cause.
sumitpendharkar
06-27 03:38 PM
I just spoke with a paralegal at Fragomen and she assured even if USCIS issues a bulletin mid-month and retrogresses the dates, they wont be effective until Aug 1. So one could file AOS until July 31. This seems to contradict earlier response to visves's question.
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kittu1991
05-01 03:06 PM
When did Srilankan Tamilians become Indian citizens??? also India should make sure that terrorists organisation like LTTE is wiped out from the face of earth weather its in Srilanka, Afganistan or Pakistan... gone are the days when these thugs where called 'freedom fighters' .. they are a terrorist organisation and should be treated in that manner.
Exactly...
Exactly...
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Saburi
07-08 06:19 PM
This Question is for the Lawyer, how would the applicant know wether his or her aI 140 is revocked as my employer is saying he will revoke my I 140 but till date i have not recd any letter from USCIS or any other issues, how can somebody find out if the I 140 is revocked.
Please let me know on this.
Thanks for your help
Saburi.
Please let me know on this.
Thanks for your help
Saburi.
pd_recapturing
03-14 09:37 AM
I heard that if you apply on your own and move out of US, it becomes very difficult to let the Can immigration authority about your current location and keep track of all the correspondence with them. But, the agency/lawyer does this thing very efficiantly. Any opinion on this ?
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msp1976
02-18 09:43 PM
This is actually a pretty good argument/statistic. However; it isn't specific to employment base but rather to worldwide level of immigration from all sources.
In my opinion, it is more relevant to EB immigration....To support a higher number of benefit recipient you need a higher number of EB immigrant who are more likely to be productive that FB immigrants.....
Now that is equivalent of passing judgment on FB immigrants as being unproductive.....I know I am going to get flak on that...
In my opinion, it is more relevant to EB immigration....To support a higher number of benefit recipient you need a higher number of EB immigrant who are more likely to be productive that FB immigrants.....
Now that is equivalent of passing judgment on FB immigrants as being unproductive.....I know I am going to get flak on that...
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leo2606
09-23 04:41 PM
I got mine approved 2 months back from countrywide with out any issues.and I got good interest rate too.
Has anybody really tried to get a mortgage recently? I have been denied by 8 lenders so far simply because I don't have a green card. Most lenders have tightened their underwriting guidelines. They will give mortgages only to U.S.Citizens or somebody who is a permanent resident aka having a green card. There are very very few lenders who will give mortgages to somebody on a visa and the rates may not be very favorable.
Has anybody really tried to get a mortgage recently? I have been denied by 8 lenders so far simply because I don't have a green card. Most lenders have tightened their underwriting guidelines. They will give mortgages only to U.S.Citizens or somebody who is a permanent resident aka having a green card. There are very very few lenders who will give mortgages to somebody on a visa and the rates may not be very favorable.
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Kodi
05-17 05:05 PM
According to the latest news from Sri Lanka:
1) All the Tamil civilians that were held hostage as human shields by the LTTE, have been rescued by the Sri Lankan army and have crossed over to safety.
2) The LTTE have conceded defeat and said it is ready to surrender to a 3rd party.
3)The whereabouts of Prabhakaran is not yet known but there is lots of rumors in the net saying that his body has been found and it is being investigated for DNA proof.
4) The Sri Lankan army is still engaged in clearing out small pockets of LTTE that still remains.
5) The whole island is celebrating with dancing in the streets, fire crackers and distributing Kiri-Bath (Milk Rice) which is cooked for very important occasions. And I wish I was there too !!!! :)
So as you see it is all good!!!
Same here. I wish I was there to join the celebrations.
1) All the Tamil civilians that were held hostage as human shields by the LTTE, have been rescued by the Sri Lankan army and have crossed over to safety.
2) The LTTE have conceded defeat and said it is ready to surrender to a 3rd party.
3)The whereabouts of Prabhakaran is not yet known but there is lots of rumors in the net saying that his body has been found and it is being investigated for DNA proof.
4) The Sri Lankan army is still engaged in clearing out small pockets of LTTE that still remains.
5) The whole island is celebrating with dancing in the streets, fire crackers and distributing Kiri-Bath (Milk Rice) which is cooked for very important occasions. And I wish I was there too !!!! :)
So as you see it is all good!!!
Same here. I wish I was there to join the celebrations.
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panini
05-11 05:32 PM
Hmmm... Not sure what you mean about my opinion and mindset. I was only responding to your "accusation" of SL government destroying "competitiveness" by providing some facts openly known to almost all Sri Lankans but not in the outside world. Those facts also give you an insight in to the root cause of the problem. You are free to form any opinions about me. Just remember that there are two sides to each story. Look at both sides before you make a judgement.
As for your wish wanting to see Sinhalese and Tamils living as equals in a peaceful sri lanka, we all share that sentiment with you and Thank you for that. Hopefully that day is not too far.
Panini, This is the kind of opinion and mindset is causing the problem. Your reply tells more than the report i provided. I want to see singalese and tamils living peacefully and with equal rights in SL.
I pray god everyday for that only. Every human being is same, Getting discriminated and discriminating people is so stone age mindset.
As for your wish wanting to see Sinhalese and Tamils living as equals in a peaceful sri lanka, we all share that sentiment with you and Thank you for that. Hopefully that day is not too far.
Panini, This is the kind of opinion and mindset is causing the problem. Your reply tells more than the report i provided. I want to see singalese and tamils living peacefully and with equal rights in SL.
I pray god everyday for that only. Every human being is same, Getting discriminated and discriminating people is so stone age mindset.
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shensh
02-14 10:14 AM
In the past couple of months, EB3-ROW has been getting the same cut-off date as EB-3 CHINA. I don't see any advantage of being EB-3 ROW at all. I think USCIS set up the cut-off date based on estimation on workload, not necessarily fact. Otherwise how could move forward/backward for as long as couple of years in 1 month?
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vikki76
01-15 04:57 PM
I agree Teddykoochu.
Think what will happen if they woke up one fine morning and start another new interpretation of an existing law and then later they start doing it retroactively; just imagine the cascading effect.
It does not matter which side of the ship is taking fire. It seems to me that people on the left side of the boat are happy that the firing is only on the right side, forgetting it is the ship as a whole which is taking fire.
This only reminds me of the famous poem by Martin Niem�ller which goes like this.
"First they came for the communists, and I did not speak out�because I was not a communist;
Then they came for the trade unionists, and I did not speak out�because I was not a trade unionist;
Then they came for the Jews, and I did not speak out�because I was not a Jew;
Then they came for me�and there was no one left to speak out."
To get the gravity of the situation, substitute it with which ever suits you ! EAD/consulting H1/direct H1/AOS pending/485 not filed/EB3/2/1....etc etc.. Behind all these fancy terms, numbers and notations there are people, children and families who are going thru difficult situations.
Well said.
African americans were never allowed to vote directly. There was no law which said that african american can't vote (AFAIK) but there was a small addendum, only those people can vote whose grandfathers had also voted or something similar. Since african americans came only 50 yrs ago,there was no way they could have fulfilled that grandfather requirement.
These changes in H-1 are similar.
Think what will happen if they woke up one fine morning and start another new interpretation of an existing law and then later they start doing it retroactively; just imagine the cascading effect.
It does not matter which side of the ship is taking fire. It seems to me that people on the left side of the boat are happy that the firing is only on the right side, forgetting it is the ship as a whole which is taking fire.
This only reminds me of the famous poem by Martin Niem�ller which goes like this.
"First they came for the communists, and I did not speak out�because I was not a communist;
Then they came for the trade unionists, and I did not speak out�because I was not a trade unionist;
Then they came for the Jews, and I did not speak out�because I was not a Jew;
Then they came for me�and there was no one left to speak out."
To get the gravity of the situation, substitute it with which ever suits you ! EAD/consulting H1/direct H1/AOS pending/485 not filed/EB3/2/1....etc etc.. Behind all these fancy terms, numbers and notations there are people, children and families who are going thru difficult situations.
Well said.
African americans were never allowed to vote directly. There was no law which said that african american can't vote (AFAIK) but there was a small addendum, only those people can vote whose grandfathers had also voted or something similar. Since african americans came only 50 yrs ago,there was no way they could have fulfilled that grandfather requirement.
These changes in H-1 are similar.
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BharatPremi
07-11 12:48 PM
BharatPremi,
Same applies to you.. If you are so crazy about Bharat, what are you doing here.... HEHEHE. Just thought that it was kinda funny statement because of your name....BharatPremi --- :D
My "Avtar Name" is "BharatPremi" not "BharatVasi" To do "Prem" you do not have to be "vasi":)
Same applies to you.. If you are so crazy about Bharat, what are you doing here.... HEHEHE. Just thought that it was kinda funny statement because of your name....BharatPremi --- :D
My "Avtar Name" is "BharatPremi" not "BharatVasi" To do "Prem" you do not have to be "vasi":)
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nozerd
03-20 11:37 AM
What makes you think we will not file Canadian taxes ? Ofcourse we will file taxes.
No one is forcing anyonme to apply or move to Canada. Also why compare US and Canada . We are going there because US is not giving GC and we dont want to live in turmoil for years.
Compare US and Canada only when both options are open for you.
I will repeat an analogy I had given earlier to describe Canada/USA compare.
Say you are a pure vegeterian. You go to a restauraunt where you have 2 choices masala dosa and mutton biryani. Lets say the mutton biryani is supposed to be specilaity of that place and is awesome but still the poor veg guy has to choose masals dosa because he has no other choice. Telling him the mutton biryani is excellent is pointless correct !
As much as I see you guys choosing Canada as an option, I also see you misusing that option. If you really want to select Canada as an option then you are better of moving to Windsor and working in Detroit. If you show a canadian address (that means you are living in canada), you should also pay canadian taxes (based on your US income). Just showing a canadian address is no good if you don't pay canadian taxes.
No one is forcing anyonme to apply or move to Canada. Also why compare US and Canada . We are going there because US is not giving GC and we dont want to live in turmoil for years.
Compare US and Canada only when both options are open for you.
I will repeat an analogy I had given earlier to describe Canada/USA compare.
Say you are a pure vegeterian. You go to a restauraunt where you have 2 choices masala dosa and mutton biryani. Lets say the mutton biryani is supposed to be specilaity of that place and is awesome but still the poor veg guy has to choose masals dosa because he has no other choice. Telling him the mutton biryani is excellent is pointless correct !
As much as I see you guys choosing Canada as an option, I also see you misusing that option. If you really want to select Canada as an option then you are better of moving to Windsor and working in Detroit. If you show a canadian address (that means you are living in canada), you should also pay canadian taxes (based on your US income). Just showing a canadian address is no good if you don't pay canadian taxes.
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franklin
02-13 01:42 PM
immigration-law.com posted country wise EB visa allocation for the year of 2005. For example, Nepal used only 70 EB3 visas. Whereas country limit is 7%. In that case how EB3 Nepal is retrogressed?
Can we sue USCIS? Let's discuss.
In that case, let's hire an attorney.
There is no such thing as EB3 Nepal, which I'm sure you know. In EB3 ROW, this includes everyone else. I'm sure there are some significant numbers from the UK, Germany, Australian (although they might be separate under E3... not sure), Japan, Tawian.... etc etc the list goes on.
EB3 ROW doesn't just mean those from tiny countries with tiny populations
Can we sue USCIS? Let's discuss.
In that case, let's hire an attorney.
There is no such thing as EB3 Nepal, which I'm sure you know. In EB3 ROW, this includes everyone else. I'm sure there are some significant numbers from the UK, Germany, Australian (although they might be separate under E3... not sure), Japan, Tawian.... etc etc the list goes on.
EB3 ROW doesn't just mean those from tiny countries with tiny populations
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msp1976
02-22 05:59 AM
Looks like lot of data is available for us to crunch on:
Labor certifications from 2000 to 2006
http://www.flcdatacenter.com/CasePerm.aspx
H1Bs issued from 2002 to 2006
http://www.flcdatacenter.com/CaseH1B.aspx
Hopefully using this data we can get some rough prediction on cutoff date movement. I'm going to spend the coming weekend on this.
There is a case status xls on the immigration portal for the backlog centers..That gives the total number of cases and status in both the labor backlog centers..
http://www.immigrationportal.com/showthread.php?t=161571&page=311
Look for Case_Status.xls by sktripuraneni
Apart from H1Bs the 245(i) filings in April 01 was a big source of labor certification filing.....I had found an estimate of number of the 245(i) cases some time back.... I shall try to find and post it again...Those 245(i) cases are wholesale coming into EB3 category....
Also not all H1Bs that came.. stayed in US.. some went back.. ..So we need to decide on a 'retention factor'....That is the percentage of approved h1Bs that are in GC process.. This we got to estimate somehow.....
Also we do not have a concrete source for per country distribution of the pending labor certifications in backlog centers....How to get that...?? That is the big issue.....
The H1B data is not sufficient to do that....
Labor certifications from 2000 to 2006
http://www.flcdatacenter.com/CasePerm.aspx
H1Bs issued from 2002 to 2006
http://www.flcdatacenter.com/CaseH1B.aspx
Hopefully using this data we can get some rough prediction on cutoff date movement. I'm going to spend the coming weekend on this.
There is a case status xls on the immigration portal for the backlog centers..That gives the total number of cases and status in both the labor backlog centers..
http://www.immigrationportal.com/showthread.php?t=161571&page=311
Look for Case_Status.xls by sktripuraneni
Apart from H1Bs the 245(i) filings in April 01 was a big source of labor certification filing.....I had found an estimate of number of the 245(i) cases some time back.... I shall try to find and post it again...Those 245(i) cases are wholesale coming into EB3 category....
Also not all H1Bs that came.. stayed in US.. some went back.. ..So we need to decide on a 'retention factor'....That is the percentage of approved h1Bs that are in GC process.. This we got to estimate somehow.....
Also we do not have a concrete source for per country distribution of the pending labor certifications in backlog centers....How to get that...?? That is the big issue.....
The H1B data is not sufficient to do that....
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_TrueFacts
09-04 11:09 AM
YSR is far better than Chandrababu Naidu(Iron Leg) and Balakrishna
Comparing people on levels of corruption is an excuse to accept some one new. By the way you forgot..YSR did a graduate to a higher level killings, land grabbing, distribution of wealth, free Vatican trips.
Comparing people on levels of corruption is an excuse to accept some one new. By the way you forgot..YSR did a graduate to a higher level killings, land grabbing, distribution of wealth, free Vatican trips.
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i-luv-tofu
07-27 12:40 PM
I am extremely interested in this business. Can somebody please refer me, I am in LA?
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Legal
07-21 10:32 PM
vdlrao, Thanks for the great analysis.
I am using DOS visa statistics and I arrived at EB quota numbers for 2008 as 162,707. There were 22,707 unused FB visa's in 2007 based on the DOS visa statistics @ http://travel.state.gov/visa/frvi/statistics/statistics_1476.html
Typically the actual EB quota for the FY is revised in the September bulletin. I am not sure if DOS has already taken into account the new EB quota number for the Aug bulletin. If they hadn't taken into account the new quota number then we should see some forward movement in the Sep bulletin.
However the 28,795 AC-21 recaptured visa's U are talking about has already been used in 2002, please take a look at the below mentioned link for details regarding the usage of those visa's.
http://travel.state.gov/pdf/FY2003%20AppD.pdf
All the AC-21 recaptured visa's has been used by now.
It does look like all the AC21 numbers have been used up. Even if you don't take this into account, there are 40,000 + visa numbers available for use before Sep 30th.
Since we have been conditioned to receive only bad news for the past 3 years, we find it hard to believe. If this happens, EB-2 will get a good kickstart and with spillovers happening each quarter the dates should keep moving which vdlrao has been saying all along.
I also suspect among the 3 Llofgren bills, even if only the per-country quota elimination bill could be enacted, enough numbers may reach some long suffering EB3 India members.
I am using DOS visa statistics and I arrived at EB quota numbers for 2008 as 162,707. There were 22,707 unused FB visa's in 2007 based on the DOS visa statistics @ http://travel.state.gov/visa/frvi/statistics/statistics_1476.html
Typically the actual EB quota for the FY is revised in the September bulletin. I am not sure if DOS has already taken into account the new EB quota number for the Aug bulletin. If they hadn't taken into account the new quota number then we should see some forward movement in the Sep bulletin.
However the 28,795 AC-21 recaptured visa's U are talking about has already been used in 2002, please take a look at the below mentioned link for details regarding the usage of those visa's.
http://travel.state.gov/pdf/FY2003%20AppD.pdf
All the AC-21 recaptured visa's has been used by now.
It does look like all the AC21 numbers have been used up. Even if you don't take this into account, there are 40,000 + visa numbers available for use before Sep 30th.
Since we have been conditioned to receive only bad news for the past 3 years, we find it hard to believe. If this happens, EB-2 will get a good kickstart and with spillovers happening each quarter the dates should keep moving which vdlrao has been saying all along.
I also suspect among the 3 Llofgren bills, even if only the per-country quota elimination bill could be enacted, enough numbers may reach some long suffering EB3 India members.
lipstickonuscis
09-23 12:24 PM
Nixtor,
I am wondering if they will be eligible for exemption too. I am sure some of us have already taken the risky plunge and bought a house.
I am wondering if they will be eligible for exemption too. I am sure some of us have already taken the risky plunge and bought a house.
rajesh_kamisetty
07-10 02:25 PM
Changed my mind. Updated my message. I appreciate your defense.
please dont speak on behalf of everyone....speak for urself....and do us a favor...did all those folks from AP came to you and suggested that they can only breathe,live and die in usa....congratulations...you just became eligible to join the elite club of stereotypes with your narrow minded mentality........thankx...
please dont speak on behalf of everyone....speak for urself....and do us a favor...did all those folks from AP came to you and suggested that they can only breathe,live and die in usa....congratulations...you just became eligible to join the elite club of stereotypes with your narrow minded mentality........thankx...
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