Thursday, June 30, 2011

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  • justAnotherFile
    06-27 10:15 PM
    My 2 cents.
    USCIS does not control the PD dates, State dept does. The state dept will change the PD's to when it runs out of visas to provide USCIS.
    Case 1: Assume USCIS and State dept are in close touch over the currently approvable I-485s which can consume visas starting July 1

    If USCIS has 40K such approvable apps, then the State Dept (being in close coordination with USCIS abt numbers) would have just moved the dates to Nov 2005 for EB-2 India the date when it retrogressed and similarly to the date when EB-3 retrogression first happened for India.

    The fact that they did not do this means they do not have the sufficient numbers of approvable ones. Now the new ones filed in June or July will not become approvable until at least 90 days. So if they are hoping that some of the "new" 485 petitions filed in June/July will be straightforward enuf to approve in 4 months, they have to keep dates at current at least until July end.

    Case 2: USCIS and State dept are not coordinating "closely" over the approvable numbers

    This means the State dept arbitrarily changed the dates to Current instead of consulting with USCIS that they have 40K approvable petitions. And why woudl they in that case make the numbers unavailable in mid-july in that case?

    Lastly even if the numbers can become Unavailable it has to be announced by State Dept. So worst case scenario it can become "U" in July 11-15, which makes the claim by Matthew-OH that it can become unavailable in July first week itself ridiculous.





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  • kondur_007
    07-22 01:35 PM
    Excellent analysis and statistics...everyone on this forum has tried an analysis and all of them are very well done. I will thank vdlrao especially, he has provided some interesting links to statistics (which were very informative for me as I was not aware of lot of these numbers).

    The problem is this: We are all assuming that USCIS will work LOGICALLY...which is impossible for them!:p
    They simply can't do that...

    One additional thing, (at least what I think) is that there is missing statistics about labor sub cases (and plz dont start the debate whether labor sub is good or bad thing), cases stuck in name check for years, and very old cases (cases that came out of backlog elimination centers--remember, those were working in four shifts during the last few months of their existance).

    However, they HAVE proved the fact that they can not do even the RANDOM GC giveaway unless PD is in mid 2006 for EB2.

    So I do believe that they will assign the visa number to whichever case they can (and some other cases randomly) to show that they used all visa numbers and approvals will come to the LUCKY winners over next several months (just like what happened in last June, is happneing this Aug). Overall, it is not a bad news...really a good news.

    What will happen to PD in Sept VB? I guess, dates will probably remain the same or become unavailable, does not matter (as RANDOM visa giveaway fiesta might finish all in Aug or goes in sept, regardless, same numbers will be GIVEN AWAY and whether it happens in Aug or Sept does not matter much).

    In Oct 08, dates will retrogress...(OF COURSE!) but probably not too much (as vdlrao said); and I am also not sure what would be the significance of those dates (besides filing of 485) as USCIS usuallydoes not care about it; they will wait till the end of the next fiscal year...and that's when the title of this thread "EB2 WILL BE CURRENT IN A YEAR" comes into play...To continue their usual RANDOM giveaway, they will have to move dates to 2008 at that time (under most circumstances...and based on all the stats!)...Again, we can not stop thinking LOGICALLY and USCIS can not understand what LOGIC is..:D

    See, we need to understand, life is a Lottery. No place for Logic. USCIS LOVES lottery...after diversity visa lottery, they are also doing LOTTERY for H1 now, and one day if they like the idea of doing LOTTERY, for EB cases, they might throw away this all mambo jambo of EB1,2,3/PD/RD/ROW/IN/CH...and JUST DO THE LOTTERY!! After this post, I will go buy a California Lotto...;)





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  • whatamidoinghere
    02-19 03:01 AM
    Well discussion here. Under present situation (w/o any legislative relief) labor certification based EB folks, particulary Indians, cannot think of GC/485 for next 10 years. The problem here is, they are stopping the flood gate in 485 stage. If they (CIS/DOS) do not need high skilled immigrants, stop them in LC stage itself. Testing labor market in 2001, for a permanent job that is going to be assumed by a foreign worker only in (after 485 approval) 2010 is a joke. The best slution is market based numarical limitation without any country quota.

    Yeah its a joke and it is obvious to us that there should be legislation to fix this. However the current situation is so beneficial to the US that it may be stupid for them to try and fix it. The lack of immigrant visas isn't bringing anything down. Fresh H1B and L1 workers will continue to pour into the country and "old, stale, spent, burnt out, balding" workers will leave the country frustrated with the wait. The scientists and executives whose experience is useful to have will get into EB1 slots and stay.

    So two choices
    1. Lets continue to pay income tax, pay social security tax, spend the prime of our lives working here and then GET OUT when we are no longer needed.. OR..
    2. Lobby hard, for which we should contribute some serious money to IV. Whats holding back the EB3 folks?? the doors are almost closed for them. They should be contributing in large numbers..

    EB2 Ind & Chi.. if dates dont move for April (new calendar quarter), we better start contributing too





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  • Keeme
    07-29 10:59 AM
    Hi,

    Here is the case : I'm working for company A since long and has an H1B valid till Mid 2010.
    Company B has sponsored a GC for me. Its EB3 - India with PD Mid 2003 and I485 was filed on June 11 2007. Waiting for PD to be current.

    EAD was applied on 06/27/08 and was approved yesterday for 2 years.

    In this case,

    1. Will be advisable to start working with sponsoring company B on EAD or continue with company A which is holding my H1 and where I'm right now ? Since there is no direct employment relation between applicant with company B, I think its better to join GC sponsoring company sooner than later. I was on Company B's payroll for 2 years in 2002-03

    2. Will it be considered under AC21 ? Should USCIS be informed on that change ?

    3. What will happen to my H1B status which is good and valid till mid 2010 ?

    5 About dependants, my wife has applied EAD few months back and already started working with her approved EAD. My son is having H4 status.
    Any issue for them if I use EAD and move to company B ?

    4. In case I want to join some other company or start own business in near future, What will be the best step today in order to avoid any problems in GC process or after having GC ?

    Let me know If I may not be that clear in explaining my situation.



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  • mbawa2574
    02-16 12:21 PM
    My friend, writing in bold font doesn't make your argument bolder. An argument is bold by the underlying merit of the argument. Where did I mention anything about race?

    Even if I had said that there is fraud and corruption in India, it would not be considered as a racist comment. Every year Transparency International generates a list of most corrupt nations. Ever wonder why India is on that list. Ever wonder why out of all places only in India US visa officers are instructed to do technical interview for IT visa applicants? You are living in complete denial and trying to play the race card whenever you get an opportunity.

    Fraud and corruption is prevalent everywhere incuding India and a prepondernece of the bodyshops are nothing but a factory of producing overnight "IT Talents". Accept this is as one of the problem of this retrogression.

    Don't make corruption in India as an incentive to thrash Indians. Majority of Indian H1b/L1 like any other community are well skilled professionals. It should not give you an incentive to thrash Indians or India. I am sure you belong to India and I am pretty depressed to see some one trash his own country to get some cheap publicity on this blog. I am not playing a race card but Yes I will defend Indians or Chinese for any attacks by bigots like you.





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  • maccaid
    08-18 10:06 PM
    I'm not from India, so you know how non-Indian will look at this issue.

    First of all, thanks to IV for helping our cause.
    Same as vinzen, that I usually just browse through this kinda topic, but I can't help to reply.

    Have several question:
    1. How many non-Indian in USA that watch bollywood movie? So, what makes him a high profile in the eyes of Immigration officer (IO)? Do we need to educate all IO to recoqnize all the actors in India, Pakistan, China, Japan, Korea and all others?
    I personally never heard of this SRK guy before reading this thread. So how would you guys expect the immigration officer, who's mostlikely non-Indian, would know this guy? I agree with Pappu that says "He is a famous actor to a very very small minority Indian Community in USA".
    2. Looking at how he make big deal of this in media. He probably cause this delay by himself. I can imagine the conversation at the immigration office as (copying all the answer from Ryan's earlier comment on what he's asked for when he came here):
    IO: Why are you visiting US?
    SRK: Do you know that I'm SRK?
    IO: Who do you work for?
    SRK: I'm SRK, now let me pass.
    IO: Where will you live in US?
    SRK: I'm SRK
    IO: How long have you been in US?
    SRK: I'm SRK
    IO: Do you have family here?
    SRK: I'm SRK
    And it goes on and on for 66 mins or 2 hrs until he finally realize that he's a nobody in US.

    This is the kinda thread that non-Indian will laugh at. There's lots of non-Indian that goes to this public forum (such as me). Just trying to help IV to not lose credential just because of this sorts of "indian" exclusive thread.



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  • Kabul City#39;s Dramatic Change



  • STAmisha
    08-31 07:37 AM
    Yes Job market in India is lot hotter than Canada ( IT ) . For that matter it is hotter than US also !!!! But Canada is a 1st world not 3rd world. Once you get that first job in Canada and settle down, there is not much difference between US and Canada in terms of earning and saving potential. There is a short term pain for that INITIAL FIRST job in CANADA, but it is worth it.

    Do what you feel like ( moving to India vs Moving to canada) . Every place has its advanatges , In India, family is a big advantage. But quality of life especially social life really sucks! Canada, you have to consider weather ( it is COLLLLLDDDD in winter ). Do what is best for you

    Also, you mentioned that India has 50 times more jobs than Canada. It is true but the competition is also HUGE . Every teenager now a days does programming course and every second person is an enginneer.

    Good lUck





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  • Macaca
    07-03 09:39 PM
    sorry :D

    this one time pls allow us to post contribution thread here..
    Post contribution thread without hesitation and without apologies!



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  • Rajkrish9
    09-18 10:12 AM
    Hi,

    This is regarding switching job from one role to different role

    Currently I am working for an Employer A in consulting position ie., Senior Developer Role. Current Project is ending in Dec'2008

    Now I am planning to move to a different role of Management (Project Manager) to Employer B.

    what would be the better way of doing for the above said role.

    My current H1B is expiring on Nov'2008 (Six year term). I have to ask my employer to do the extn. But the employer doing is very minimal.
    I have applied EAD in Aug'2008. - I am not sure when this will arrive.

    Now I am into the state of More confusion. I couldn't able to do anything as far as in terms of career path.

    Would like to enlighten some thoughts on this situation and Thanks in Advance.

    Regards,
    Raj.





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  • ArkBird
    04-02 03:30 AM
    愛你的幽默感 :)

    ok. I will open a thread titled "who after hu" and put a poll in it too.

    In case you are wondering who is hu... (pun intended)

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

    胡锦涛

    happy now?

    Come on dude, don't be a 爛屄



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  • Medal of Honor TDM Kabul City



  • chanduv23
    06-28 03:46 PM
    Please post all rumors in this thread. Maybe this rumor thread becomes a sticky so that people wont start new rumor threads.





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  • insbaby
    02-13 02:02 AM
    I think the entire community should align behind Administrative reforms with a laser-focus. This initiative is a digression.

    IV has had it's own share of success with it's approach. No other methods have succeeded so far .

    Also, from my little IV volunteering experience I can vouch that our community has very high inertia and is difficult to organize. people are afraid to send letters to president...good luck in getting them to sue USCIS.

    community does not have the bandwidth to take multiple initiatives.

    I see no wisdom in doing this. USCIS/DOS can screw us worse , if they wish to . This is not being timid but being pragmatic...anyway the bravado talk also needs to be followed up by multiple clear paths to victory.

    Boss, you will realize the importance when you are told that you are NOT ELIGIBLE for a driver license in this country and they will ask you to get a cab to work or WALK to work.



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  • snathan
    09-04 03:42 PM
    Like collecting money to lobby for GC we can accumalate money for Political party as well. I can tell you every Indian would contribute to such endeavor.

    Please contribute to IV before start collection for political party. Thanks





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  • lazycis
    12-13 01:07 PM
    Here is what the Supreme Court said:
    http://supreme.justia.com/us/426/67/case.html

    "The fact that all persons, aliens and citizens alike, are protected by the Due Process Clause does not lead to the further conclusion that all aliens are entitled to enjoy all the advantages of citizenship or, indeed, to the conclusion that all aliens must be placed in a single homogeneous legal classification. For a host of constitutional and statutory provisions rest on the premise that a legitimate distinction between citizens and aliens may justify attributes and benefits for one class not accorded to the other; and the class of aliens is itself a heterogeneous multitude of persons with a wide-ranging variety of ties to this country.
    In the exercise of its broad power over naturalization and immigration, Congress regularly makes rules that would be unacceptable if applied to citizens. The exclusion of aliens and the reservation of the power to deport have no permissible counterpart in the Federal Government's power to regulate the conduct of its own citizenry. The fact that an Act of Congress treats aliens differently from citizens does not in itself imply that such disparate treatment is "invidious."
    ...
    The real question presented by this case is not whether discrimination between citizens and aliens is permissible; rather, it is whether the statutory discrimination within the class of aliens - allowing benefits to some aliens but not to others - is permissible."

    The SC concluded that the statutory discrimination within the class of aliens is permissible.



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  • Mahipar near to Kabul city



  • mallu
    02-14 02:50 PM
    Let USA take a statistics of the current population and then decide which category of countries need more or less immigration to balance true diversity.





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  • JunRN
    09-23 02:15 AM
    Asking for exemption from quota will cause this proposal to fail. My suggestion:

    Of the 10,000 available visas per year for EB5, only about 3k to 4k are being used. How about if one buy a house and give a minimum $100,000 cash payment (not credit in US), he will get a temporary greencard from the EB5 visa pool. If after 2 years, the house is occupied and owned by the same person without problems with credit, he will get a permanent GC. This is on top of meeting the requirements of the category he is in.

    Sorry for bringing EB5 in my comments.

    This is just my opinion.



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  • Picasa
    07-27 03:05 PM
    Zimbabwean dollars.:D:D:D

    With your attitude, you will not even become millionaire in Zimbabwean dollars.:D:D:D





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  • villamonte6100
    12-14 02:09 PM
    Could you please tell us the problem on this law that can be changed to help us.



    Federal Equal Employment Opportunity (EEO) Laws

    The Federal laws prohibiting job discrimination are:

    Title VII of the Civil Rights Act of 1964 (Title VII), which prohibits employment discrimination based on race, color, religion, sex, or national origin;

    the Equal Pay Act of 1963 (EPA), which protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination;

    the Age Discrimination in Employment Act of 1967 (ADEA), which protects individuals who are 40 years of age or older;

    Title I and Title V of the Americans with Disabilities Act of 1990 (ADA), which prohibit employment discrimination against qualified individuals with disabilities in the private sector, and in state and local governments;

    Sections 501 and 505 of the Rehabilitation Act of 1973, which prohibit discrimination against qualified individuals with disabilities who work in the federal government;

    and

    the Civil Rights Act of 1991, which, among other things, provides monetary damages in cases of intentional employment discrimination.





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  • hindu_king
    05-29 02:53 PM
    I think as someone said this guy was randomly throwing numbers out there. How come his analysis does not account for remaining 36K EB1 and EB2 ROW applications. Is he suggesting that all EB1 and EB2 ROW are being used up also. Very hard to believe that for 2008 and 2009 with the way the economy is going. Lot of product companies where most of the ROW 485s would likely come from have stopped applying perm since last summer. There is a huge flaw in this analysis and its not as pessimistic as it seems.

    BUT, then again we need legislation to wipe the slate clean and clear these 200K applications, so there is a new build up of visa demand and wait times are tolerable for current applicants and future applicants.

    What will happen to the 30k or so unused ROW EB1/EB2 numbers? Typically they trickle down to EB2 India in the last 3 months of FY. I still think this will happen in the next 3 months. Somehow USCIS overreacted and retrogressed EB2 India to 2000 and I think they are going to have to correct it to use all unused ROW numbers.





    gc28262
    06-12 09:52 PM
    Exactly what I had tried to express, you have succinctly put them in numbers. Thank you

    BTW senthil1 is an anti-immigrant and one of the most despised individual on this forum for his "close the door behind me" attitude. You guys together will definitely have a good time !





    Jimi_Hendrix
    10-04 09:37 AM
    I have seen at least three thread in the past that discussed labor sub bashing. So you guys made your point, it is an evil practice and it screws those standing behind. We already know that this practice might be ended soon. So why are we discussing this issue for the fourth time all over again? :rolleyes:



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