Saturday, July 2, 2011

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  • villamonte6100
    12-14 01:41 PM
    I totally agree with you.


    Think of lobbying as polite negotiation.
    Think of Supreme court case as picking a fist fight, in which we are badly out numbered.
    Once you have started a fist fight it is much harder to negotiate, especially from a loosing position.



    This is exactly correct. It is not the question of right or wrong here. That is what gets folks so upset on this thread, they feel since their viewpoint s right then.......... Most neutral observers like mbartosik can see this as unjust and there may be many in the US as well, however certainly not the majority. However, there are many ways in which this could backfire. One example is the recently seen debate over illegal immigration and the turn in public sentiment. Truth be told, if someone did something wrong 12 yrs ago(crossed the fence), now is married to a US citizen and has 3 US children, what do you do with them? What about the 3yr old who was brought to the USA by their parents and knows no other system? Perhaps a few years ago joe public would have given them a pass, no more, the debate has become so nasty that positions have been hardened to the point that reason does not prevail. Another reason has something to do with the perceived sense of entitlement Americans sensed in the illegal immigrant community(of course fanned by Lou Dobbs and his ilk). These are complex issues and generally you will get a lot further appealing to someones sense of fairness than explaining how you are entitled to something and will take it from them if it is not given to you.





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  • 485_se_dukhi
    07-26 08:54 PM
    I think the reason people get defensive is because love for your country is an emotional topic (some might call it patriotism)...just as love for your mother (or parents) or religion or political party etc. These are deeply personal issues. When you question any of these, expect fireworks.

    Many people migrate for better opportunity/ better lifestyle. Is that enough reason to question why they still love their original country? I might move from Lucknow to Bombay (for those of you who don't know these places, please substitute Wichita to New York) for the same reasons. Does it mean I stop being nostalgic about Lucknow? or stop loving it? How does migrating affect my love for the place one was born and brought up in?

    Needless to mention there are people from different countries in this forum. So lets refrain from implying that people who immigrate should not love their original motherland/fatherland etc.

    Actually its getting quite ridiculous now. So may I again request the moderators/ admin to pls close this thread. Thank you.

    I think this thread has definitely deviated from its main theme.

    ?[/B]





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  • Green_Always
    08-16 03:52 PM
    By taking on this subject we are providing good coverage for SRK and talking negative about US Immigraiton we are making them corrupt we should not put pressure on them ( US Immigration ) let them do there duty.

    By putting pressure and talking about all these and getting influence from Obama and all is wrong our Indian govt and policies are corrupt and we are pushing these people there now by doing all these things.


    Let us look at our future and Jobs over here. Let SRK resolve his headache himself.

    Note -- I am not against SRK, I like him and I am fan of him and have seen his movies multiple times and I have full respect to him.


    my 2 cents.





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  • sachug22
    06-11 09:22 AM
    I guess my 9 months old prediction is coming true (off by a month).

    http://immigrationvoice.org/forum/1049939-post209.html

    I have built a very simple EB2-I Visa predition model

    Making following assumption

    15000 new EB2 ROW I-485 applications
    12000 new EB1 I-485 applications
    EB4/EB5 use 70% of allocated visa (30% spillover)


    EB2 Visa Bulletin prediction for FY 2010
    Bulletin Quarterly-spillover Annual Spillover
    Oct-09 22-Jan-2005 22-Jan-2005
    Nov-09 22-Jan-2005 22-Jan-2005
    Dec-09 31-Mar-2005 1-Feb-2005
    Jan-10 31-Mar-2005 15-Feb-2005
    Feb-10 31-Mar-2005 31-Mar-2005
    Mar-10 31-Mar-2006 31-Mar-2005
    Apr-10 31-Mar-2006 31-Mar-2005
    May-10 31-Mar-2006 31-Mar-2005
    Jun-10 15-Oct-2006 31-Mar-2005
    Jul-10 15-Oct-2006 30-Sep-2005
    Aug-10 15-Oct-2006 30-Apr-2007
    Sep-10 31-Mar-2007 30-May-2007



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  • RNGC
    07-25 03:31 PM
    My H1 B was valid till March 2008, My employer filed for a 3 yr extension and got it approved.

    Have applied for 485/AP/EAD during July 2007.....

    Went to India and came back using AP. Now have I-94 as Parolee till Sep 2009.

    1. Am I still on H1 Or EAD ? My employer says I have nothing to do. I work for the same employer who sponsered my GC..

    2. Do I have to do any paper work after Sep 2009 (date in I-94)

    Appreciate your response.





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  • TeddyKoochu
    09-15 07:52 AM
    Year, TOT_LBRS, Certified, LBR_INDIA PD_>_10/1/2001
    2000 074048 70204 ????? 0
    2001 082139 77921 ????? 0
    2002 089168 79784 ????? 7873
    2003 095299 62912 ????? 25956
    2004 098866 43582 ????? 26569
    2005 014253 06133 01350 6133
    2006 105960 79782 22298 79782
    2007 098753 85112 24573 85112
    2008 061997 21092 07198 21092
    Total 720483 526522 55419 252517



    http://immigrationvoice.org/forum/forum2-retrogression-priority-dates-and-visa-bulletins/23813-perm-labor-data-analysis.html


    In 2005 there are a total of 01350 labors certified only for India.
    In 2006 there are a total of 22298 labors certified only for India.

    The other important thing here to note down is there are many outsourcing companies out there filed/filing GCs for their so called managers in EB1 category.

    Friends looks like that there is a consensus that folks with 2005 will get their GC soon, all of you have stated that there are very few labors for this year. How do we divide the labors for 2006, if we give 50% of them to EB2 I then I believe that by Sep 2010 year 2006 should get cleaned out. Another point is how the spillover is allocated quarterly, annually or randomly (How do we explain EB2I going back to 01 Jan 2000 and then recovering back). Definitely a quarterly spillover will make predictions & life easier! Something to factor is EB2-C, EB2-I date has almost caught up, traditionally it stays 1 yr behind (EB2-I lags EB2-C) in the early part of the year, this could be huge factor if both catch up.



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  • samay
    08-03 07:21 PM
    Hi Samay,

    We would really appreciate if you could provide your inputs on our case.

    My wife came to usa on H4, and transferred to H1 in 2006 to work for a desi consultancy.

    Recently she took a full-time position with a fortune 500 company. Her H1 transferred to new company without any problem.

    We would like to appear for her first time H1b stamping at Vancouver during next month. We have some concerns regarding the following issues. Any inputs are highly appreciated.

    She graduated in India and worked for an IT company in India for 2.5 years before coming to USA. Can she appear for visa interview in canada, though she does not have degree from USA.

    Her H1 started on Oct 1st,2006. But she did not find a job until Mid November during the first year. Her employer is not willing to put the start date on work experience letter as Oct 1st, rather on both offer letter and work experience letter the start date has been mentioned as Mid Nov. Will this discrepancy in H1b start date and offer letter start date would be a problem during stamping?

    She has some intermittent large gap in work experience due to the pregnancy. Thus, she has significantly smaller wages (50% less)on w-2 compared to offer letter during second year. But the work experience from previous letter does not state any gaps in work experience. Will the VO would ask for any additional details regarding the wage difference.

    Also, there is a gap of 15 days between the last date on previous employers work experiene and new job start date, and the same can be found from the letters from different employers.

    After she changed to full-time, she has all the required docuemntation for H1B stamping.

    We would like to know the severities of these concerns and suggestions to overcome the same.

    I have a few questions:

    Was she working part time during her pregnancy if so was an amended H1 B application filed for her. Also were the wages she was paid less than what were mention on her LCA.





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  • johnggberg
    07-10 07:29 PM
    but wish you all the best of luck in canada.



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  • JazzByTheBay
    12-13 04:34 PM
    If someone from country X, Y, or Z comes in on that same quota, that's OK - but we can't accept folks from countries A, B and C??

    jazz

    Let's assume that it can not be fought within US Constitutional framework then do we have a choice to bring this to international court level? Can US prove that keeping per country immigration quota for EB categories is not a discrimination but a policy to protect its citizens or per say to protect its industry/economy?





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  • Rb_newsletter
    01-15 06:24 PM
    then 221g slips, PIMS delay, admin processing, technology alert, rfe for no reasons, H1-b extension for 3 months, back dated denial of H1,........


    I don't know if you guys heard about back dated H1 denials. If not below is a case.

    Candidate has 1 month left in his H1/I94. He applies for H1 extension and submits 3 month project contract. H1 application was shelved for 3 months. And on 4th month application was opened up by some officer. He sees the project already ended in previous month itself. Now officer denies the H1 extension request with back date. That is when candidate receives the denial notice, he was already out of status for previous 3 weeks.

    But in realty candidate got his project extended for another 3 months. Concerned officer should have requested for the latest/current project status docs. If officer did so the candidate would not have to be victimized.



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  • chi_shark
    09-23 09:00 PM
    have you ever considered that you may be too dumb to comprehend it? you can be classified in the same people who called gandhi's idea foolish or idea of a personal computer outlandish etc... if you cannot believe just sit back, relax and enjoy the flight.

    i cant believe ppl think this is a brilliant idea..
    economy is screwed for a while..citizens are on life support..and you want immigrants to be welcomed with open arms..





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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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  • jkays94
    05-10 10:40 PM
    I see a lot of people discussing about Canada.

    Any inputs about Australia and life down under?

    Thanks

    I don't know much about Australia but I can give a sample situation. One could get Australian PR, live there for two years, get citizenship, apply for a job in the US and enter on an E3 visa which is renewable every two years and allows one's spouse to work.

    http://en.wikipedia.org/wiki/E3_Visa





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  • sachug22
    09-15 03:16 PM
    you are correct India will get only 50% of sipill over numbers and we need to take into account how many China applications are pending (perhaps there are more China apps than India in EB2)

    There are 2.5 EB2-I application per EB2-C application. And EB2 China had cutoff dates of early 2005 in 2009 (they did not enjoy too much spillover in 2009). So my guess it that China will use its 3k annual limit + spillover numbers (depending on how much EB2-C dates move). The spillover would be split 25% china and 75% India.



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  • gcisadawg
    03-28 12:54 AM
    Love to see narendra modi as PM but I know that's far from happening. I would bet on LK for now.

    Looks like Modi has given LS tickets to four criminals whom he put in jail during his first term in office.....





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  • surabhi
    07-21 05:13 PM
    For 2007 we had an availability of 226,000 Family Based Visas. But the issued visas in 2007 in Family Based are 194,900 visas. That means there are 226,000 MINUS 194,900 = 31100. These 31,100
    unused Family Based Visas have been made available for 2008 Employment Based Visas of 140,000. And USCIS has 28,795 unused VISAS of American Competitiveness in the 21st Century Act of 2000 (AC21).

    American Competitiveness in the 21st Century Act of 2000 (AC21) had recaptured 130,107 visas.

    Out of that 94,000 were used in 2005.

    7,312 were used in 2007.

    So dont know when the available 28,795 unused VISAS of AC21 will be used again.



    The unused family based visas of 2007 are 31,100 , which are going to be added for Employement Based Visas of 2008. So the total Employment based visas for 2008 are 140,000 + 31,100 = 171,100.

    Theses 171,100 EB Visas of 2008 will be split like, asuming USCIS is not using the availble 28,795 unused VISAS of AC21 below.


    (If USCIS decides to use some or all of 28,795 unused VISAS of AC21, then the available Employment Based VISAS of 2008 increases accordingly. )

    28.6 percent each EB1, EB2 and EB3. 48934 VISAS for Each Category.
    And 7.1 percent each EB4 and EB5. 12148 VISAS for the last two EB categories.


    So in 2008 the total Visas for EB1 and EB2 are 48934 + 48934 = 97868 plus unused EB4 and EB5 visas of 2008.



    The total EB5 Visas usage never crossed 824 in the past 10 years(Average Usage is 376/year).

    So there would be 11148 visas available for EB1 from EB5 (assuming 1,000 visas are used in EB5 which is highly impossible)

    The unused EB4 Visas may be couple of thousand or null, based on the past 10 years EB4 usage (7,223 is the average usage)

    Assume there are only 2,000 EB4 VISAS unused in 2008 (defenitely it would be more unused).

    So the total EB1 and EB2 Visas for 2008 are

    48934 + 48934 + 11,148 + 2,000 = 111,016


    The Family visas spill over is something I couldnt understand. They are retrogressed by > 10 years for many categories. Is that conflicting with spill over? Why would there be spill over with such backlog?

    I havent researched FB category , so apologize if its silly question



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  • la6470
    01-15 06:05 PM
    Yes in my opinion also companies like Infosys, TCS, CTS or HCL - all of them have abused the L1/B1 visa program. At least with H1B the benificiary gets a shot at the "american dream". However with L1 visas - it is pure high tech slave labour. The L1 visa holders are dumped in client places all over the USA and they are paid even lower wages than their H1B counterparts and on top of that the L1 visa absolutely prohibits the visa holder from changing employers. The typical lifcycle of a L1 visa holder is to come to USA, learn from their US counterparts, co-ordinate between the US client and the offshore team back in India, save as much money as possible to pay off for the 2 bed room apartment or car back in India and then at the end of six months , beg their employers for a new project in USA. And during all this time they have to keep up a brave face - saying they dont really "like to stay in USA". Talk about "grapes being sour".

    However these companies typically are financially in a much better position and have stronger lobbies than small time desi bodyshoppers sponsoring H1 candidates - so USCIS haven't really got the guts to look into their activities as compared to desi bodyshops.





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  • snathan
    01-15 11:01 AM
    Hope the AILA and ImmigrationVoice leadership can work together to urge USCIS to post a statement explaining that the guidelines in the memo are initially meant to encourage compliance by the businesses and prevent abuse; and that the USCIS would start enforcing them starting Jan 2012 or later. Thus it may be just a matter of getting used to the extra bureaucracy.

    I pray that we all get sorted sooner, so we can start focusing on other important aspects of our careers and family lives.

    _____________________for those very concerned____________________
    It is easy to tell others to be cool headed to think rationally, but we all agree that its true -so let us try doing so.

    I personally believe that most folks shall still be fine - this includes a lot of consulting company folks. We all (everyone having/renewing/aspiring H1) need to start collecting all documentary evidences as mentioned in the memo.

    If you do not already do so - start following the guidelines for what USCIS considers as proof of Employer-employee relationships - exchanging weekly status e-mails, work assignments, etc. Also please remember to save these documents more securely (possibly at more than a single location). There could be a few more hassles, for example requesting access to old deleted e-mails from server backups. Start working to get yourself copies of service level agreements and contracts between the various layers of consulting companies - after seeing this memo most HR staff would get cooperative. Provide copies of the memo to your consulting companies sales and placement staff - as they would not want to loose their commissions and thus would help persuade your managers and HR staff to start complying.
    _____________________________________________

    Best Wishes for all.

    Why after 2012....you would get your GC by then? what a selfless generous mind. really appreciate you.





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  • pointlesswait
    09-14 04:45 PM
    This a very optimistic prediction....

    i think .. most with PD of jan 2005 and earlier will get their GC ..thus in OCT VB the dates will pull back a bit..maybe mid 2004...so first qtr will be bad news for anyone with a PD after jan 2005,...but the 2nd and 3rd qtr.. the dates will be definitely be in mid 2006.

    my 1/4 cent





    BMS
    07-03 06:47 PM
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    jasmin45
    09-04 07:11 PM
    My...

    Did you guys let ChanduV23 go of the hook? :D:D:D.. I see him hanging in here..;)
    May be you tried and mud didn't stick on him han?
    Long weekend is ahead folks.. go easy on each other:) have a wonderful labor day...



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