Friday, July 1, 2011

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  • kondur_007
    09-17 12:45 PM
    Here is what I want to understand.

    EB2 ROW is CURRENT except INDIA AND CHINA. EB2 ROW will get 28.6% of 140000.
    This means 40040. How they are going to divide these visa between INDIA and CHINA?
    This is NOT SpillOver. I know there is 7% rule, but other countries are always Current.

    And EB1 is CURRENT and considering Bad economy very few cases will be filed under EB1.

    What will happen to those 40040 Visa? If those spillover to EB2 ROW, we may see a large quantity of Visa numbers for EB2.

    Considering 50% of each EB1 and EB2 visas consumed by other than INDIA AND CHINA, still we should get aroud 40040 visas this year.If you furher divide 50% between INDIA and CHINA, both will get 20020, Which might be sufficient to cross 2005.

    You are right on the point. In fact (I may be overly optimistic here), I would not be surprised at all to see PD of EB2I in 2007 or 2008 in the last quarter (Aug-Sept) and it may even see the magincal "C" in Sept 2010. (Making the dream come true for VDLRAO!!)

    (Remember, with preadjudications, there are no more pending EB2-ROW (except for the new adjudications) and EB2 China has been in 2006 for quite some time as well in the past)





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  • hopefulgc
    02-13 05:27 PM
    With that recapture ... how nice would it be to see the PD date for EB3 china in Jan 2008 and that for Eb3 India in Dec 2007

    This can all happen if we take the stand.

    Otherwise, we can all see our hairs gryaing with PDs in 2001 and 2002.




    See extract from Ombudsman's report
    http://www.dhs.gov/xlibrary/assets/cisomb_annualrpt07__June_11_2007_section3e_untimel yprocessing.pdf

    218,759 visas are available for recapture and those numbers were lost due to systematic agency delays and bad policies (i.e. name check).





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  • nomi
    09-29 01:19 PM
    Hi Kukitron and all,
    I am having a new h1b with validity 7/2009. But My Visa expired by Aug,2006. Please clarify, can i travel from canada to Seattle thro Road with the expired visa and the new h1b which contains a valid I-94

    Thanks
    Sundar


    Yes you can according to following rule

    http://travel.state.gov/visa/laws/te...ams_1441.html#

    There are lot of condition which you need to follow in order to use this Law. That`s why I am asking other people about it and see how many people use it and what they said about it.





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  • Macaca
    07-04 10:25 AM
    Any URLs that make the following (in IV press release) look more believable

    resulting in inconvenience to at least 100,000 skilled professionals waiting to file for "adjustment of status"
    One estimate puts the expenses by applicants over the last two weeks at over $6,000 million in filing fees



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  • boreal
    05-29 01:45 PM
    I strongly feel you guys are right regarding EB1 misuse. I also know of some people who are applying in EB1 using these loopholes. we should do something to stop this fraud.

    So overall maybe 2k-3k EB1s are gone to those fraudsters! Big deal? How good a visa movement will we get if we prevent that? By stirring this stink pit, we are only doing more damage to our cause. This is another bullet for those antis to pick up on and malign us even further. Why even discuss such things?





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  • 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.



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  • gc28262
    01-24 03:45 PM
    I have been a silent reader of Murthy forum, and I have been observing JoeF's posts. He is NOT an anti-immigrant. He is just educating people about the law. That's what I see from his posts. He is knowledgeable enough to answer the questions of the forum readers.

    Maybe his posts sound rude for the wounded and needy. But I think he isn't taking anything bad about immigration or prospective immigrants.

    Anyways, thats not the topic of this thread and don't mean to detract.

    I have been observing JoeF's posts from different threads. I can say for sure he doesn't know what he is talking about. He is just another sadistic person like snram4 on this forum.

    For instance JoeF says "he saw it coming" in reference to this memo. But the fact is, this memo is ILLEGAL. It has no legal base. Please refer to Murthy's latest newsletter. However members on murthy forum as well as you spicy_guy, thinks that JoeF is "knowledgeable". I am surprised to see that people who are here in this country for long believes all the BS that JoeF says.





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  • u.misc
    01-19 10:46 AM
    >>> There are humane involved in drug narcotics and prostitution business too. Any business or industry has some beneficiary whether it is legal or illegal.


    Yes but there's a big difference in the humane involved in drug narcotics and prostitution Vs the humane involved in consulting.
    If you wife, sister or mother were to work as consultant you probably won't mind, but image them choosing business you suggested. Hopes that puts a little prospective of the difference involved in your mind.



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  • srkamath
    07-23 07:03 PM
    Source of information ?

    From what i inferred from the text of the law,
    The 28.6% limits do apply to FB to EB spill overs, as the FB spillover from the prev FY is used to arrive at this year's EB limit.

    The 28.6% limit cannot be applied to EB1 to EB2 to EB3 spillovers, because that would not make sense. From what i understood, if there are 10k spilling over from EB1 to EB2, then they all go to EB2 and are not shared 2860 each between Eb2 and Eb3.

    Let me know if you agree with the above.

    I also realized that, if ever there is a deluge of EB1 applications and it reaches the annual limit of 28.6%+(EB4+EB5)leftovers, then that's it for EB1 ! even if Eb2 orEB3 are undersubscribed!
    Ironic isn't it? Strange is the INA.





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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.



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  • amsgc
    07-26 04:48 PM
    From what I remember, Ron Hira had done the math and found that only 0.03% of those H-1B visa applicants get sponsored for the GC by the Indian Offshore companies.

    But, we still have a tremendous backlog in 2004, plus labor subs, plus EB3 moving over to EB2. According to , there are still hundreds of people waiting with PD before June 2004.

    Also out of the 65K H1 visas that were available since 2003, most of the Visas were consumed by the Big Indian companies.
    Remember when Congress sent letters to the Big Indian companies, there was data related to how many companies applied for how many Visas.

    AFAIK it was in the range of 25k-35k per year combined by all these companies that filed H1s .

    One thing to note is, they do not sponsor GCs for all the applicants.They do them very rarely for the people who are in their 5th to 6th year of H1.Could be in the range of Hundereds and not thousands comapred to the people count they have in US.





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  • CADude
    02-13 01:15 AM
    it's classic problem of supply demand and least resistance path.

    USCIS provides 3K/each category Visa# per country. What ever USCIS will do you can't fit 200K application in 9K/annum visa#.

    Last 3 years(since dec 2005) - EB3 India PD is beyond May 08 2001 only for three months and EB2 is enjoying the benefits of GC. Anyone noticed. NONE. So what happened, many EB3 choosen for convert to EB2 path. Now EB2 India is U so many guys degree with PhD, etc trying for EB1. It human nature and nothing wrong with it. Everyone wants GC ASAP.

    So bottomline, Demand is very high compare to Supply. unless USCIS get significant visa# nothing will change.



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  • royus77
    06-27 03:49 PM
    I am sorry to say that all EB-3 and EB-2 dates have gone back to 2001. Please check DOS site.















    *******You want rumor.....I will give you rumor ************


    why you stopped at 2001 ......go all the way to 0 for christ sake





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  • old_hat
    05-01 07:27 PM
    I agree with you. It really amazes me that India is not even saying "something" being a so-called "super-power" in south Asia. Until the last generation of politicians are out of the indian political system, nothing is going to change when it comes to the image or pride of India. At least we should exert out strength and take a leadership role in South Asia and show our power.

    India has a history in Sri Lanka. It started long ago with IPKF. A lot of Indian lives were lost because IPKF had to fight the war with their hands tied. IPKF could have captured Pirbhakaran but they did not because Rajeev thought Tamils will not get their rights if they did so. Then Rajeev Gandhi got assassinated. A few years back LTTE had the upper hand and Sri Lankan govt wanted India to step in and help them. India did not sent the troops. now the battle has swung the other way. It is fairly complicated.



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  • pmb76
    04-02 05:31 PM
    What do you have to say about all well educated and intelligent bureaucrat IAS, IPS etc..

    Most of the so called well educated & intelligent bureaucrat IAS, IPS etc are bottom feeders and crooks. They are only there to milk the system dry and fill their own pockets. No offence but these so called IAS/IPS folks are te ones that have screwed the Indian democracy and given it a bad name.





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  • perm2gc
    10-04 06:44 PM
    I just got to this site via from immigration portal.
    I have been reading a lot in the other forum and here about the ways to cure retrogression. Lobbying for more Visa's and other things that were part of the S.1932 bill are fine, however these things are not going to solve the retrogression problem even if such a bill gets passed.

    No one seems to be talking about the real problem that is Labor Substitution. Abolishing Labor Substitution will itself take care of every retrogression problem.

    The INS does not have the right tools to police the misue of this rule. This is resutling in a lot of problems for even those employees whose Labor's get substituted even if they are still working in the same company.

    Any effort to reform immigration should start with first reforming the Labor Substitution rule (if not completely abolish).
    I know that all the companies/employers and the lawyers community are against removing the Labor substitution, therefore it will never be removed, but atleast it should be reformed so that it can be better policed so that no one is able to misuse it and play with peoples lives. And in turn add to retregression.

    Following reforms are needed in Labor Substitution.

    - First thing in the Labor Substitution reform is related to the Priority date. The Priority Date for a substituted Labor should the date when the Labor is substituted (or the I-140 filing date). It should not be be the date when the Labor was originally filed. This in itself will solve 90% of the problems related to retrogression.

    - When a Labor is substituted it should be verified immediately to find if there is any I-140 or I-485 that is pending based on this Labor. If so then the Labor should be rejected immediately. Currently this is not done at the time the Labor is substituted, therefore the resulting 485 filing just amounts to add up into the backlog of Visa Number requirement, until the priority date becomes current for this 485.

    - If an employee invokes the AC21 then that Labor should not be allowed to be substituted.

    - There should be a limit to the time until which a Labor can be substituted. This could be debatable and could have other consequences, as the INS could invalidate any GC application that is been pending for more than the this duration.

    In short the Labour substitution rule is in a mess and is getting miused a lot. People are getting fooled by the employers, and ultimately its making the retrogression more worse.

    neocor


    i am aware my threads on same scenario..do we need to discuss same thing again and again..please search the forum before opening new thread...



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  • jaithran
    07-17 12:25 PM
    Too many guesses!!! I am a silent watcher here for last 1 or 2 yrs and all your calculations & guesses were proved wrong in the past. Some guys are too positive that they always guess & give some calcuations which seems like you are going to get your GC in 6 months..some are very negative that they always keep crying and always guess & give some calculation which seems like you will only get your GC in 2025. lol to be frank its really funny to see your guesses & calculations. BTW this is not to offend anyone her. Take it easy guys.:D





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  • vdlrao
    09-15 03:19 PM
    Vdlrao,

    You are admired a lot for bringing in hope for lot of people with your EB2 prediction thread, can you jump in and throw some numbers here please if you think the numbers quoted are out of way, i understand this is time consuming but since you already did your homework last time around it should take you few minutes to come up with some realistic numbers.

    Hi ocpmachine,

    I dont know the exact Eb2 India labors certified for the given years. But initially I assumed that Eb2 India would be almost current or in the worst case it would cross 2006 because of the spill over. Because I assumed and hoped very high on the spill over numbers. But in reality the spill overs also didnt make a big impact in the EB2 India movement. See the previous visa bulletins you could find that Eb2 is is in the middle of 2004 in the year of 2005 itself. Since 2005 to 2007 its there in 2004 many times.




    But in 2008 and 2009 EB2 India got the maximum share of the spill over visas. But still the dates are in the first month of 2005. So hardly EB2 India moved forward about 6 months to 9 months in the duration of 2008 and 2009 with the help of spill overs. That too in this bad economy where there would be comparatively less labors applied than the previous years.

    So I am expecting a steady and consistent forward movement of EB2 India but not a quick jumps of couple of years in single bulletin.
    I hope it makes clear to everybody. And all we need is an EB immigration reform.





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  • sc3
    09-23 04:16 PM
    Did it occur for a single moment that if some one gets out of the line, the line gets shorter? F Y I, This is NOT about me. This is about every one here. I did not dream of this situation which directly favors some one today. Simply, Not many folks knew it was going to be this bad. Folks who knew, kept quiet telling people that its NOT that bad. There is NOT going to be a single solution that benefits every one involved here. Let it be recapture, country limits or advanced degree exemption. Choice is (y)ours. We can decide to be the frogs in the well and pull the next frog down or we can work on making this pitch which can be palatable to sensible people, who understand the magnanimity of the situation


    I am sorry, but ends do not justify the means. By calling people frogs in a well trying to pull down others, you are shutting down valid arguments and concerns.

    If the only mentality is that if one gets out of line, the line gets shorter, there are various ways to achieve it (For example: just go on a killing spree targeting all EB applicants). We need something that is acceptable to both the politicians and the immigrants.





    u.misc
    01-13 03:01 PM
    Bummer.





    chanduv23
    06-26 12:39 PM
    There is possibility that retrogression begins in August. The USCIS maail department will acept only those cases the clerk could manually enter into the system by July 31st and then send all those applications back which he could not enter manually

    IV Roumor thread - lets give the 'Best roumour of the day' award to the most convincing roumor .....


    :D :D :D :D