pointlesswait
06-02 01:17 AM
country quota is not racial discrimination...u must be a fool to say that.
To change the country quota..they have to change the whole philosophy of immigration in this country... Equal opportunity for all...
Its absurd to try to change the country quota..we must try for recapture..instead..
I do not agree ,
They should not deduct SS/Medicare taxes, If i am not eligible for it.
So basically you pay for a CAR , and you dont get the delivery.. What do you do??
We have been trying for the recapture. And i see no success, or even close to sucess.
A good lawyer, can prove that the country quota is a racial discrimination or is unconstiitutional.
I may be wrong , and this is just my opinion.
To change the country quota..they have to change the whole philosophy of immigration in this country... Equal opportunity for all...
Its absurd to try to change the country quota..we must try for recapture..instead..
I do not agree ,
They should not deduct SS/Medicare taxes, If i am not eligible for it.
So basically you pay for a CAR , and you dont get the delivery.. What do you do??
We have been trying for the recapture. And i see no success, or even close to sucess.
A good lawyer, can prove that the country quota is a racial discrimination or is unconstiitutional.
I may be wrong , and this is just my opinion.
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perm2gc
10-24 11:06 AM
If you join Microsoft , you might get less salary but they pay your insurance 100%. Is microsoft selling insurance to you?? its just a benefit/perk being an employee of microsoft.
same thing here too... pre-approved labor is just a perk/benefit offered by employer to hire you with less salary. so if you think you sacrificed your salary to get to cut the line for getting GC then you are thinking right.if not please stop thinking like socialist.
It all about money and business brother.
We have so much discussion on this topic in many threads but i dont know why people want to discuss samething again and again.
We know LC substituion is good for few and worst for many...
Admins can you please close the thread...
same thing here too... pre-approved labor is just a perk/benefit offered by employer to hire you with less salary. so if you think you sacrificed your salary to get to cut the line for getting GC then you are thinking right.if not please stop thinking like socialist.
It all about money and business brother.
We have so much discussion on this topic in many threads but i dont know why people want to discuss samething again and again.
We know LC substituion is good for few and worst for many...
Admins can you please close the thread...
mbartosik
12-13 05:52 PM
it's not the cost of getting an opinion that matters.
See my two prior posts on being pragmatic.
See my two prior posts on being pragmatic.
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sanjay
03-27 11:47 AM
Boss, remove Atalji. He is on bed for last 8 months. So no chance for him.
Sonia Gandhi is out of question as people will not accept her.
Rahul is a baccha ( KID ) in front of all those stalwarts ( old and experience wolves ).
Contest should be only between MMS and Advani.
Though i would have loved to see Modi on PM HOT seat.
Sonia Gandhi is out of question as people will not accept her.
Rahul is a baccha ( KID ) in front of all those stalwarts ( old and experience wolves ).
Contest should be only between MMS and Advani.
Though i would have loved to see Modi on PM HOT seat.
more...
BharatPremi
09-25 06:05 PM
Pre-adjudication means that this particular case can be approved because everything else (Biometrics, Name-checks and all other checks/documentation) is in place - but a Visa Number is not available to approve case and issue GC
Earlier, USCIS wouldnt even touch a file and complete checks if the PD wasnt current. Now they pre-adjudicate - meaning they look at the case and determine if the case can be approved if the PD were current.....
Assigning a Visa Number is basically same as giving GC...once a visa number is assigned, all they have to do is order the production of the physical card...which happens in a few days and in another couple of weeks you actually get the card
Agree..about the clear definition of Pre-adjudication. But main question was about the accurate count of "Real pending" 485 which equals to "other pending" + "preadjudicated" + "awaiting cutomer response" + "new receipt" when you refer to USCIS's trend/volume charts.
While the other worksheet in the thread seems to be depicting the closet values to "other pending" of a trnd chart so that worksheet can not be considered authentic for a total count of "real pending" 485 cases.
Earlier, USCIS wouldnt even touch a file and complete checks if the PD wasnt current. Now they pre-adjudicate - meaning they look at the case and determine if the case can be approved if the PD were current.....
Assigning a Visa Number is basically same as giving GC...once a visa number is assigned, all they have to do is order the production of the physical card...which happens in a few days and in another couple of weeks you actually get the card
Agree..about the clear definition of Pre-adjudication. But main question was about the accurate count of "Real pending" 485 which equals to "other pending" + "preadjudicated" + "awaiting cutomer response" + "new receipt" when you refer to USCIS's trend/volume charts.
While the other worksheet in the thread seems to be depicting the closet values to "other pending" of a trnd chart so that worksheet can not be considered authentic for a total count of "real pending" 485 cases.
mallu
02-15 06:26 PM
The reason we have greater supply of workforce in IT from one specific country is not because of skills or talents. Almost every IT workers from ROW and China came to the US as a foreign student after TOEFL, GMAT, GRE, internship and only then landed a job in IT. Whereas the preponderence of IT workers from India came here through L1/B1/H1 sponsorship through bodyshops. Attending school, preparing for generalized tests requires time, money and patience. This is one big factor why the supply curve is skewed.
I think it was reported that students from India is the largest % of students in US universities.
I think it was reported that students from India is the largest % of students in US universities.
more...
_TrueFacts
09-05 01:10 PM
May be YSR came to power just to lose his life. Good for him and YSR got what he deserved, even dogs do not get that death, the worst sinners get it.
Andhra Jyothy Telugu News Paper Online edition published from Andhra Pradesh, India (http://www.andhrajyothy.com/latestmainshow.asp?qry=/2009/sep/5new60)
That entire family and followers like you are infested with barbaric thoughts. I hope it brings an end to his Son as well.
Why should one have sympathy on a criminal? Do you have sympathy on Kasab, Saddam, Hitler? Do you know my caste, do you know where in AP I come from?
Do you know what he did to Kotla Vijay Bhaskar Reddy, P.Janardhan Reddy. This gunda YSR was involved in large scale communal violence in Hyderabad, just to get into power by denigrating then CM Marri Chenna Reddy Reddy (Dec 1990) and was upset when Nedurumalli Janardhan Reddy was made CM. More then 400 innocent people were killed who have nothing do with YSR . Caste, religion are excuses by people like you to support that barbaric YSR.
Link: Congress and the Hyderabad riots of 1990 : Black Beak blogs on sulekha, General blogs, Black Beak blog from india (http://black-beak.sulekha.com/blog/post/2007/12/congress-and-the-hyderabad-riots-of-1990.htm)
YSR a mass murderer beyond redemption
Being a Christian CM, why is he involved in TTD activities?
Y.S.R used his position to bring Christian institutions into the decision making loop of the TTD. There was a huge surge of churches along the roads leading to the holy shrine and a recent auction of Hindu temple land on Tirumula Hills.
Link: IntelliBriefs: Tirumala Lands to Church : Intelligence (http://intellibriefs.blogspot.com/2005/07/tirumala-lands-to-church-intelligence.html)
All posters and readers go through the links to see the facts yourself.
Few More:
From TOI: Democracy as mafia warfare - All That Matters - Sunday TOI - NEWS - The Times of India (http://timesofindia.indiatimes.com/articleshow/msid-782107.cms)
From http://timesofindia.indiatimes.com/opinions/782107.cms#top0 (http://timesofindia.indiatimes.com/opinions/782107.cms#top0)
Andhra Jyothy Telugu News Paper Online edition published from Andhra Pradesh, India (http://www.andhrajyothy.com/latestmainshow.asp?qry=/2009/sep/5new60)
That entire family and followers like you are infested with barbaric thoughts. I hope it brings an end to his Son as well.
Why should one have sympathy on a criminal? Do you have sympathy on Kasab, Saddam, Hitler? Do you know my caste, do you know where in AP I come from?
Do you know what he did to Kotla Vijay Bhaskar Reddy, P.Janardhan Reddy. This gunda YSR was involved in large scale communal violence in Hyderabad, just to get into power by denigrating then CM Marri Chenna Reddy Reddy (Dec 1990) and was upset when Nedurumalli Janardhan Reddy was made CM. More then 400 innocent people were killed who have nothing do with YSR . Caste, religion are excuses by people like you to support that barbaric YSR.
Link: Congress and the Hyderabad riots of 1990 : Black Beak blogs on sulekha, General blogs, Black Beak blog from india (http://black-beak.sulekha.com/blog/post/2007/12/congress-and-the-hyderabad-riots-of-1990.htm)
YSR a mass murderer beyond redemption
Being a Christian CM, why is he involved in TTD activities?
Y.S.R used his position to bring Christian institutions into the decision making loop of the TTD. There was a huge surge of churches along the roads leading to the holy shrine and a recent auction of Hindu temple land on Tirumula Hills.
Link: IntelliBriefs: Tirumala Lands to Church : Intelligence (http://intellibriefs.blogspot.com/2005/07/tirumala-lands-to-church-intelligence.html)
All posters and readers go through the links to see the facts yourself.
Few More:
From TOI: Democracy as mafia warfare - All That Matters - Sunday TOI - NEWS - The Times of India (http://timesofindia.indiatimes.com/articleshow/msid-782107.cms)
From http://timesofindia.indiatimes.com/opinions/782107.cms#top0 (http://timesofindia.indiatimes.com/opinions/782107.cms#top0)
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walking_dude
02-14 09:37 AM
hopefulgc - also make the commitments clear! Its not just sufficient to support ( as in moral support) the cause. Its important to participate in it.
I think someone should change the Poll question to -
Q) Do you commit to participate in a class action lawsuit against USCIS?
1) Yes. I am willing to commit $500
2) Yes. I'm willing to be a plaintiff ( full name and full contact info required)
3) Yes. I'm willing to commit $500 and become a plaintiff as well
4) No. I don't think it will work
It will make it clear to everyone voting 'Yes' what's expected of them.
hopefulgc - please dedicate some time and update your first post with more information on lawsuit, you may want to quote lazycis 's posts and other information.
A lot of people may not be very knowledgable and may backoff when they see the word "lawsuit".
Those who are saying YES on the poll - it is assumed that you will not backoff - if you have not yet updated your profile on IV - please update your complete profile - this will show that you can be counted on.
I think someone should change the Poll question to -
Q) Do you commit to participate in a class action lawsuit against USCIS?
1) Yes. I am willing to commit $500
2) Yes. I'm willing to be a plaintiff ( full name and full contact info required)
3) Yes. I'm willing to commit $500 and become a plaintiff as well
4) No. I don't think it will work
It will make it clear to everyone voting 'Yes' what's expected of them.
hopefulgc - please dedicate some time and update your first post with more information on lawsuit, you may want to quote lazycis 's posts and other information.
A lot of people may not be very knowledgable and may backoff when they see the word "lawsuit".
Those who are saying YES on the poll - it is assumed that you will not backoff - if you have not yet updated your profile on IV - please update your complete profile - this will show that you can be counted on.
more...
Kodi
05-12 12:38 PM
Do i support removing LTTE, Yes with full heart.
Do i support the way SL is conducting this war, NO.
It is also not good for SL's Democracy because a dictator is in making for SL. Let me tell you this,after this war on terror is over, SL is going to be ruled by a dictator for a long time. wait and see. Again this is my humble opinion. If it is not going to happen i will be the happiest person.
This gov as well as previous govs tried solving this issue for many years without going into a full pledge war. It was the LTTE that refused. Many attempts at peace talks ended without results because there's only one thing they need and that's a seperate land as Tamil Nadu. Now finally this president is doing something to end things and unite the country as one nation.
Do i support the way SL is conducting this war, NO.
It is also not good for SL's Democracy because a dictator is in making for SL. Let me tell you this,after this war on terror is over, SL is going to be ruled by a dictator for a long time. wait and see. Again this is my humble opinion. If it is not going to happen i will be the happiest person.
This gov as well as previous govs tried solving this issue for many years without going into a full pledge war. It was the LTTE that refused. Many attempts at peace talks ended without results because there's only one thing they need and that's a seperate land as Tamil Nadu. Now finally this president is doing something to end things and unite the country as one nation.
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jayus2k
12-13 11:46 AM
We don't have to discuss with lawmakers. The congress can pass any law and the law will be implemented as long as the courts decide it is not constitutional.
Given our current state, the current laws do not work (for us).
we have two alternatives->
change the law (Lobbying helps here)
challenge the current law (Judicial review will help here)
Given our current state, the current laws do not work (for us).
we have two alternatives->
change the law (Lobbying helps here)
challenge the current law (Judicial review will help here)
more...
ganguteli
05-29 12:48 AM
If you guys had a chance of getting substitute labor today you will try to take it at any cost. But you will not want to contribute $25 to IV. If you had a chance of getting a greencard via L1A route you will do it. Just because you cannot get a substitute labor or L1A, you are saying sour grapes.
This is a bitter truth that we do not like to hear but each will do if they get a chance. Sub labor was legal when it was there and L1A route is also legal today. It is for USCIS to decide if there is a loophole. Stop behaving like an anti-immigrant. Just because you are not able to get this privilege does not mean others cannot try. If you want to try, try to get more visas for everyone rather than blocking people.
This is a bitter truth that we do not like to hear but each will do if they get a chance. Sub labor was legal when it was there and L1A route is also legal today. It is for USCIS to decide if there is a loophole. Stop behaving like an anti-immigrant. Just because you are not able to get this privilege does not mean others cannot try. If you want to try, try to get more visas for everyone rather than blocking people.
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sumagiri
07-23 02:09 PM
Reply to sumagiri's post
This kind of statements are used just to bluff the congress. Bear in mind 140k is the quota and may not be the target. Looks like they did it again (I mean bluff DOS and Congress) and DOS had no choice to move the dates so that overseas visa post can consume the remaining visa.
Probably you are right !
This kind of statements are used just to bluff the congress. Bear in mind 140k is the quota and may not be the target. Looks like they did it again (I mean bluff DOS and Congress) and DOS had no choice to move the dates so that overseas visa post can consume the remaining visa.
Probably you are right !
more...
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sanju
09-23 11:07 AM
Emailed everyone on the list. Great Draft. Now calling my wife to send the emails. Later I will email my friends to send out the same communication. Great work Nixstor!
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voldemar
03-27 10:22 AM
My Q' was, if it becomes effective on 27th April, will USCIS reject all pending cases ?It depends on wording in final memo. Nobody knows what is there. The only text we know is that was published for comments. There could be changes after comments period. Without changes all pending sub cases (without approved I-140) will be denied.
Edit: It seems that Murthy doesn't agree with me :). Let's see.
Edit: It seems that Murthy doesn't agree with me :). Let's see.
more...
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h1b_forever
07-28 03:48 PM
Good one
With your attitude, you will not even become millionaire in Zimbabwean dollars.:D:D:D
With your attitude, you will not even become millionaire in Zimbabwean dollars.:D:D:D
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unitednations
02-13 03:21 PM
What about paragraph 5 that I have posted up somewhere ???
Does that allow the 7% limit to be exceeded or not ?
That is why we need more supply.....Once supply is more they can go over 7%...
Originally; I had interpreted the paragraph to mean if the total visas by category i.e, total visas in eb1 are unused then a country can go over 7% limit in that category (horiziontal spillover).
However; the law is determining total as total visas for all EB categories as a whole. Therefore, there has to be unused visas from the 140,000 for a country to go over 7%.
The mystery of horizontal verus vertical was plain to see in November 2005 visa bulletin. There is no mystery about it anymore. It is plain to see for everyone. If they want to litigate it; then it is right from the horses mouth on an offical document of how it is done. I would use that note in the bulletin to litigate if you believe your position is correct; ie., horiztonal rather then vertical.
Does that allow the 7% limit to be exceeded or not ?
That is why we need more supply.....Once supply is more they can go over 7%...
Originally; I had interpreted the paragraph to mean if the total visas by category i.e, total visas in eb1 are unused then a country can go over 7% limit in that category (horiziontal spillover).
However; the law is determining total as total visas for all EB categories as a whole. Therefore, there has to be unused visas from the 140,000 for a country to go over 7%.
The mystery of horizontal verus vertical was plain to see in November 2005 visa bulletin. There is no mystery about it anymore. It is plain to see for everyone. If they want to litigate it; then it is right from the horses mouth on an offical document of how it is done. I would use that note in the bulletin to litigate if you believe your position is correct; ie., horiztonal rather then vertical.
more...
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hydboy77
06-04 01:13 PM
This is what I was also proposing in another thread. we should ask for an administrative fix where once the application is pre adjudicated the applicant should be left alone and not issed any Employment verification letter rfe, or semilar\same job restrictions if they are back logged because of country quota and face multiple year wait, this way atleast it will give people some breating space, the way the system if set up right now, EAD, 485 pre adjudication, I140 approval are all useless if you keep getting Employment verification letter rfe and same semilar job rquirement. Without visa recapure it is going to take atleast 10 years for Eb3 and Eb2 india, in the next 10 years you will keep getting Employement verifivation letter rfe and semilar and same job requirement, there is no way anybody can survive that for 10 yeears. Administrative fix like this can happen without passing a law, for example USCIS started issuing 2 year EAD for retrogressed applicants as an administrative fix. We dont even need a interim green card we can continue on EAD with the administrative fix to exempt cases which have been preadjucated (485) from Employment verification letter RFE and same and semilar job requirement.
I just used t he term Interim GC to convey the idea, it could be named anything. EAD is a also a partial GC, it gives you rights of a GC holder pending administrative processing of your application - to work with any employer. The interim GC may provide all rights of a GC holder, awaiting final count in the legal register (due to legal need of numeric limitations) and the final card, just like a temporary driver license you get immediately after the road test. The idea is that once this stage is passed, no further questions on employment, etc. should be asked.
I just used t he term Interim GC to convey the idea, it could be named anything. EAD is a also a partial GC, it gives you rights of a GC holder pending administrative processing of your application - to work with any employer. The interim GC may provide all rights of a GC holder, awaiting final count in the legal register (due to legal need of numeric limitations) and the final card, just like a temporary driver license you get immediately after the road test. The idea is that once this stage is passed, no further questions on employment, etc. should be asked.
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snram4
01-18 01:07 PM
I do not know any information about potential lawsuit ,lawyers view etc. Many members are similar situation.How can you expect contribution?
How much you are ready to contribute for the law suit. Dont you have any job. Once you get your GC what are you still doing here. just eating everyone's head. Are you adding value here. Please go away.
How much you are ready to contribute for the law suit. Dont you have any job. Once you get your GC what are you still doing here. just eating everyone's head. Are you adding value here. Please go away.
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ajaypr
06-24 01:24 PM
Why should we punish people who play by the rules? Charles Oppenheim, Guru of the Visa Office in the State Department, has confirmed what we warned employment-based (EB) immigrants about in our June 2009 newsletter. Not only are EB-3 numbers unavailable for the rest of the fiscal year and EB-2 numbers for persons born in China and India oversubscribed, but the situation is going to get worse, much worse. Mr. Oppenheim states that the EB-1, EB-4 and EB-5 categories are all experiencing greatly increased demand, so much so that the EB-4 category (religious workers and special immigrants) may retrogress this...
More... (http://blogs.ilw.com/carlshusterman/2009/06/grim-outlook-for-eb-visa-numbers.html)
This is what I received from a immigration lawyer ......
LATEST GRIM VISA BULLETIN PROJECTIONS FOR EMPLOYMENT-BASED GREEN CARDS ILLUSTRATE NEED FOR COMPREHENSIVE IMMIGRATION REFORM
There are few things that clearly demonstrate the overarching need for immigration reform than the most recent information provided by the U.S. Department of State's (DOS) Visa Bulletin. The Visa Bulletin provides information on the availability of immigrant visa numbers, which dictates when foreign nationals may apply for green cards under various preference categories. The July installment of the Visa Bulletin shows complete unavailability for the vast majority of employment-based cases. Moreover, DOS projections show that demand for higher-preference green card categories could reach record levels, which would lead to backlogs in these categories where green card numbers were traditionally available in the past.
The Visa Bulletin establishes "cut-off" dates based on the demand for green cards versus the amount actually available under immigration law to each specific employment-based (and family-based) category per country for each fiscal year. As it assesses green card demand in relation to availability, the DOS may move these cut-off dates forward or back, or not at all. When the DOS believes that all immigrant visa numbers in a particular category will be exhausted (or allocated) by the end of a particular fiscal year (i.e., September 30th), it will indicate an "unavailability" of numbers (marked as "U") in the Visa Bulletin. The law prevents any single country from overuse of immigrant visa numbers during a particular fiscal year. As a result, foreign nationals born in countries from which there is significant immigration to the U.S. will typically have a separate "cut-off" date (and longer waiting times for an available green card number) in the Visa Bulletin.
An individual's priority date or "place in line" for a visa number under the employment-based categories is the date on which his or her employer files a labor certification or immigrant visa petition with the government. Individuals assigned priority dates that are earlier than the relevant preference category cut-off date noted in the Visa Bulletin are eligible to move to the last step in the employment-based green card process - either processing of an adjustment of status application with United States Citizenship and Immigration Services (USCIS), or processing of an immigrant visa at a U.S. consulate abroad. When the category is "unavailable," individuals cannot file for adjustment of status or receive an immigrant visa.
In the most recent Visa Bulletin, immigrant visa numbers continue to be unavailable for all third preference (EB-3) employment-based cases. Third preference cases comprise the majority of pending employment-based green card cases, as they include positions requiring at minimum either a bachelor's degree or two years of work experience.
The July Visa Bulletin indicates that the first, second and fourth and fifth preference employment categories remain current for July. However, since demand in the second. preference category for individuals from China and India exceeds the per-country limitations, these two countries have second-preference cut-off dates of January 2000.
Overall, the July Visa Bulletin continues a substantial decrease in green card availability over the government's 2009 fiscal year. Admittedly, the retrogression, or backward movement of the cut-off dates, has been more common for employment-based green card numbers in recent years. Yet the complete exhaustion of EB-3 numbers and the sharp decline in India and China's EB-2 numbers are staggering reversals given the slow yet steady improvement in these cut-off dates during the present fiscal year.
DOS has projected that, as a result of significant filings in the EB-4 and EB-5 categories, there will be fewer numbers to supplement the EB-1 and EB-2 categories. In previous years, thousands of unused EB-4 and EB-5 numbers "spilled over" into other preference categories. However, greater-than-anticipated EB-4 and EB-5 usage, as well as greater demand in the EB-1 category itself, will create an even greater dearth of available "spill over" immigrant visa numbers in the EB-2 category.
In addition, the DOS has indicated that the EB-1 category for individuals born in India or China may backlog or retrogress later this summer, and may do so again in the coming fiscal year. Predictably, prognostications for the EB-2 category for India and China are also quite grim - in the next month or two, the EB-2 category could become unavailable. In particular, USCIS has indicated that it has about 25,000 EB-2 India cases and "significant numbers" of cases for Chinese nationals that have been reviewed and are simply awaiting visa number availability. This category has a typical fiscal-year limit of 2,800, plus any remaining numbers from the EB-1, EB-4 and EB-5 categories.
With respect to the EB-3 category, the DOS has stated that the worldwide, China and Mexico quotas for the EB-3 category will become available again with the start of the new fiscal year in October 2009, with a projected cut-off date of March 1, 2003 for each. However, the EB-3 India quota may have a November 1, 2001 cut-off date.
The federal quotas limiting employment-based green card numbers have remained unchanged since 1990, nearly two decades ago. Since that time, the United States has undergone unprecedented expansion, technological development, and cultural diversification, in large part through immigration. During this progress, skilled immigrants have continued one of our country's oldest and proudest traditions - the search for better lives for their families, and the desire to contribute to and to participate in our free society. Still, these quotas remain stagnant, potentially stifling the future of our nation's ability in the 21st century to prosper as an economic competitor in our world, to build a broad-based infrastructure in our localities, and to live together as families in our homes.
A quarter-century prior to 1990, major revisions to the immigration quotas sparked a historic influx of individuals to our nation of immigrants. In 1965, this broad-based increase in immigration levels across all preference categories allowed some of the world's most talented individuals to come to our shores and share their knowledge as academics, increase our economic fortunes as innovators and entrepreneurs, build vibrant communities as leaders and organizers, and inspire with their tales of strife and triumph as refugees. For many ethnicities and nationalities, the "post-65" generation was the real beginning of their stories in America.
Faced with a major financial downturn and an increasingly competitive global economy, our country cannot choose the path of closed borders and restricted immigration. At this very moment, historically restrictive nations are expanding their immigration policies and attracting valuable immigrants otherwise bound for our shores.
Absent relief provided by potential legislation, there will be substantial backlogs for nationals of India and China in all categories for many years. Careful and strategic planning for employers and foreign nationals entering into or engaged in the immigrant visa process will be necessary while we continue to advocate zealously for reform to address these antiquated quotas.
These green card backlogs illustrate the need for comprehensive immigration reform. In particular, a long-overdue increase in employment-based green card availability would play a major role in making future generations of individuals feel welcome to come to our nation of immigrants and in spurring sorely needed innovation and prosperity.
More... (http://blogs.ilw.com/carlshusterman/2009/06/grim-outlook-for-eb-visa-numbers.html)
This is what I received from a immigration lawyer ......
LATEST GRIM VISA BULLETIN PROJECTIONS FOR EMPLOYMENT-BASED GREEN CARDS ILLUSTRATE NEED FOR COMPREHENSIVE IMMIGRATION REFORM
There are few things that clearly demonstrate the overarching need for immigration reform than the most recent information provided by the U.S. Department of State's (DOS) Visa Bulletin. The Visa Bulletin provides information on the availability of immigrant visa numbers, which dictates when foreign nationals may apply for green cards under various preference categories. The July installment of the Visa Bulletin shows complete unavailability for the vast majority of employment-based cases. Moreover, DOS projections show that demand for higher-preference green card categories could reach record levels, which would lead to backlogs in these categories where green card numbers were traditionally available in the past.
The Visa Bulletin establishes "cut-off" dates based on the demand for green cards versus the amount actually available under immigration law to each specific employment-based (and family-based) category per country for each fiscal year. As it assesses green card demand in relation to availability, the DOS may move these cut-off dates forward or back, or not at all. When the DOS believes that all immigrant visa numbers in a particular category will be exhausted (or allocated) by the end of a particular fiscal year (i.e., September 30th), it will indicate an "unavailability" of numbers (marked as "U") in the Visa Bulletin. The law prevents any single country from overuse of immigrant visa numbers during a particular fiscal year. As a result, foreign nationals born in countries from which there is significant immigration to the U.S. will typically have a separate "cut-off" date (and longer waiting times for an available green card number) in the Visa Bulletin.
An individual's priority date or "place in line" for a visa number under the employment-based categories is the date on which his or her employer files a labor certification or immigrant visa petition with the government. Individuals assigned priority dates that are earlier than the relevant preference category cut-off date noted in the Visa Bulletin are eligible to move to the last step in the employment-based green card process - either processing of an adjustment of status application with United States Citizenship and Immigration Services (USCIS), or processing of an immigrant visa at a U.S. consulate abroad. When the category is "unavailable," individuals cannot file for adjustment of status or receive an immigrant visa.
In the most recent Visa Bulletin, immigrant visa numbers continue to be unavailable for all third preference (EB-3) employment-based cases. Third preference cases comprise the majority of pending employment-based green card cases, as they include positions requiring at minimum either a bachelor's degree or two years of work experience.
The July Visa Bulletin indicates that the first, second and fourth and fifth preference employment categories remain current for July. However, since demand in the second. preference category for individuals from China and India exceeds the per-country limitations, these two countries have second-preference cut-off dates of January 2000.
Overall, the July Visa Bulletin continues a substantial decrease in green card availability over the government's 2009 fiscal year. Admittedly, the retrogression, or backward movement of the cut-off dates, has been more common for employment-based green card numbers in recent years. Yet the complete exhaustion of EB-3 numbers and the sharp decline in India and China's EB-2 numbers are staggering reversals given the slow yet steady improvement in these cut-off dates during the present fiscal year.
DOS has projected that, as a result of significant filings in the EB-4 and EB-5 categories, there will be fewer numbers to supplement the EB-1 and EB-2 categories. In previous years, thousands of unused EB-4 and EB-5 numbers "spilled over" into other preference categories. However, greater-than-anticipated EB-4 and EB-5 usage, as well as greater demand in the EB-1 category itself, will create an even greater dearth of available "spill over" immigrant visa numbers in the EB-2 category.
In addition, the DOS has indicated that the EB-1 category for individuals born in India or China may backlog or retrogress later this summer, and may do so again in the coming fiscal year. Predictably, prognostications for the EB-2 category for India and China are also quite grim - in the next month or two, the EB-2 category could become unavailable. In particular, USCIS has indicated that it has about 25,000 EB-2 India cases and "significant numbers" of cases for Chinese nationals that have been reviewed and are simply awaiting visa number availability. This category has a typical fiscal-year limit of 2,800, plus any remaining numbers from the EB-1, EB-4 and EB-5 categories.
With respect to the EB-3 category, the DOS has stated that the worldwide, China and Mexico quotas for the EB-3 category will become available again with the start of the new fiscal year in October 2009, with a projected cut-off date of March 1, 2003 for each. However, the EB-3 India quota may have a November 1, 2001 cut-off date.
The federal quotas limiting employment-based green card numbers have remained unchanged since 1990, nearly two decades ago. Since that time, the United States has undergone unprecedented expansion, technological development, and cultural diversification, in large part through immigration. During this progress, skilled immigrants have continued one of our country's oldest and proudest traditions - the search for better lives for their families, and the desire to contribute to and to participate in our free society. Still, these quotas remain stagnant, potentially stifling the future of our nation's ability in the 21st century to prosper as an economic competitor in our world, to build a broad-based infrastructure in our localities, and to live together as families in our homes.
A quarter-century prior to 1990, major revisions to the immigration quotas sparked a historic influx of individuals to our nation of immigrants. In 1965, this broad-based increase in immigration levels across all preference categories allowed some of the world's most talented individuals to come to our shores and share their knowledge as academics, increase our economic fortunes as innovators and entrepreneurs, build vibrant communities as leaders and organizers, and inspire with their tales of strife and triumph as refugees. For many ethnicities and nationalities, the "post-65" generation was the real beginning of their stories in America.
Faced with a major financial downturn and an increasingly competitive global economy, our country cannot choose the path of closed borders and restricted immigration. At this very moment, historically restrictive nations are expanding their immigration policies and attracting valuable immigrants otherwise bound for our shores.
Absent relief provided by potential legislation, there will be substantial backlogs for nationals of India and China in all categories for many years. Careful and strategic planning for employers and foreign nationals entering into or engaged in the immigrant visa process will be necessary while we continue to advocate zealously for reform to address these antiquated quotas.
These green card backlogs illustrate the need for comprehensive immigration reform. In particular, a long-overdue increase in employment-based green card availability would play a major role in making future generations of individuals feel welcome to come to our nation of immigrants and in spurring sorely needed innovation and prosperity.
Marphad
03-27 03:11 PM
Waiting for reply to learn this.
Ek Student Gyan ki bhiksha maang raha hai bachcha.
Still waiting. Can someone volunteer to teach me how to edit poll options after created?
Ek Student Gyan ki bhiksha maang raha hai bachcha.
Still waiting. Can someone volunteer to teach me how to edit poll options after created?
Hassan11
07-13 01:56 PM
I agree with gdilla,
The common factor among all these unsuccessful stories is that all of them have degrees from a foreign university (not Canadian or US degree). I am sure it will be different for people who live in the US and have work experience from a US company. Also people who come directly to Canada from their country have culture shock. That is normal for people who haven't traveled out side their country before. But if you lived in the US, society and culture in Canada will not be that different
Again, everybody has to do their own DD before they pack their stuff and immigrate. That is just common sense
This is the most ridiculous article I've ever seen.
"I should have done my own homework before I applied" - no $hit. What makes you think going to med school in Indian means jack in Canada or the US. You have to get board certified. Duh. And I'm afraid cold calling doesn't work anywhere, including the US... does this work in India? Of course they're not going to listen to you. Jeez. People not doing their due diligence before THEY PACK UP AND MOVE HALF WAY ROUND the world... yeah, that proves to me you are smart enough to hire.
[QUOTE=sankap]Here's an article that appeared in Outlook (India) magazine 8 years ago. Apparently, the situation hasn't changed much since then:
http://outlookindia.com/full.asp?fname=international1&fodname=19990125&sid=1
Canada...The Grass Isn't Greener
Outlook: Jan 25, 1999
It's a dream gone sour. Thousands of Indian immigrants who land up in Canada are, more often than not, greeted with unemployment, racism, culture shocks...
SOHAILA CHARNALIA
"I didn't come here to be a chowkidar. I came here believing it to be a land of opportunity; a country that has never known the nepotism, the corruption, the shortages of India. I find I have only substituted one country for another... certainly not one set of values for another, as I hoped. " For Dr Gurdial Singh Dhillon, who was made to believe his qualifications would land him a good job fast, Canada was a real disappointment. When he did find work, it was that of a security guard. This, when the United Nations has declared Canada the best country to live in.
Some 200,000 people migrate to Canada every year, a majority from Asia. Hong Kong heads the list, followed by India, China, Taiwan and the Philippines. According to the Citizenship & Immigration Canada report, 21,249 Indians migrated to Canada in 1996 alone. (The high commission in Delhi, however, put the figure at 17,682). For many of them, especially those who are qualified professionals, dreams die fast. The life they face is never quite as rosy as made out by money-raking immigration lawyers.
Is the UN report the only reason for the increase in Indian applications for immigration? That, and the fact that it is easier to get entry into Canada than any other western country, says a Delhi-based immigration lawyer. Also, the fastest way of getting immigration to the US is through Canada.
Dhillon's disappointment is echoed by others. "I should have done my own homework before I applied", rues Aparna Shirodhkar, an architect from Mumbai, working as a saleswoman in a department store. "My husband is unemployed. I am the sole earner for a family of four. Sometimes I feel like running back". For Raheela Wasim, who's gone from being a schoolteacher in India to a telemarketer here, the experience was very discouraging, very disheartening. "I started losing confidence in myself. I felt I was not capable of the job market here".
Jobs are the sore point with Indian immigrants. The irony is, they are often more qualified than their Canadian peers, yet they end up with either no work, or with entry-level jobs that have no future. "I was not told that you require a Canadian degree to get a job here", says Paramjeet Parmar, a postgraduate in biochemistry from Bombay University. Parmar works as a telemarketer, which has turned her from an elite professional to an unskilled, daily wage labourer.
Ditto Opinder Khosla, a mechanical engineer from India, who has ended up as a salesman. "I found it difficult to even get an interview call", he says. The Canadian authorities are non-committal about the social and economic devaluation that the country imposes on immigrants.
"You can't come thinking you can just walk in and get a job in your profession", says Isabel Basset, minister of citizenship, culture and recreation, responsible for handling immigrants' woes in Canada's largest province, Ontario. But she admits that the licensing bodies regulating the professions need to be more accepting of people trained elsewhere.
That effort could only come from the government, argues Demetrius Oriopolis, co-author of Access, a government-commissioned report on assessing qualifications of newcomers, a 10-year-old report whose recommendations have still to be implemented. The report suggests certain rules of equivalence should be made binding on the regulatory bodies, which are exclusionist by nature.
But Basset won't even hear of making the regulatory bodies accountable: "We believe in private enterprise with a minimum of government checks. Besides, she argues, the exercise would cost millions of dollars".
Needless to say, the organisations are gleeful. Only professional bodies have the ability to determine what constitutes competence in a particular profession, was the cold response of the spokesperson for the Canadian Institute of Chartered Accountants, an institution that's responsible for the unemployment as well as under-employment of hundreds of qualified chartered accountants from India. They do not grant licences for professional practice, because Indian qualifications are not acceptable.
"What kind of society are we creating? Is it a new form of slavery?" asks an irate Bhausaheb Ubale, Canada's former human rights commissioner. Qualified immigrants work as drivers, guards. If this isn't job discrimination, what is? Dr Ubale lobbied intensely before Indians were accepted in the media. They now hold jobs as reporters and anchors, he says, but a lot more has to be done.
While skilled men may not be able to find jobs, their less qualified wives find it easier because they accept whatever comes their way. In several cases, the wives earn and support their husbands who are busy upgrading themselves, by studying for a Canadian degree. The working wife sometimes slogs away at three jobs. Sumitra starts at 7 am at her first job, teaching immigrants English; her second job as telemarketer starts at 4 pm. She gets back home around 8 pm, after which she begins selling cosmetics and household goods door to door. Till midnight. Sumitra supports three students, her husband and two school-going children.
The other problems Indians face here are the high taxes, high mortgage payments for new homes and the sort of hidebound laws that the benign anarchy back home hardly prepares them for. "You can't run a red light, you can't escape from a hit-and-run site even if you are just the witness, you can't smoke in public. Too many rules, so different from home", says Harminder Singh.
Two 'Indian' practices that do exist here, however, cause immigrants the maximum trouble. They are sifarish baazi (nepotism) and mufat ka kaam (free work). The Canadians, of course, have given them sophisticated terminologies, the former is referred to as 'networking' and the latter, 'volunteerism'. In a country where you are never encouraged to 'drop in' to meet someone, where the fax, the computer or the phone is used to complete most transactions, a job-seeking immigrant often has the phone put down on him. Polite but firm secretaries block access, unless the caller can drop a magic name that can help him gain entry. It takes at least a year for even the most enterprising immigrant to get to know somebody who can help him, before he can get a job at all.
'Networking' goes hand in hand with 'volunteerism'. Many immigrants put in a year of free service before they are given the job. Most writers and anchors of Asian origin are given only part-time jobs, paid by assignment and with no fringe benefits. The company insists on the word 'freelance' on their business cards, to make it clear they have not been hired by the company, and hence can't demand higher pay or any benefits. They can, and often are, fired at will.
Perhaps the greatest problem in Canada is the one that is least articulated--racism. According to a diversity report on Toronto (said to be the most ethnically diverse city in the world), the year 2000 will see its minority becoming its majority that is, 54 per cent of Toronto's population by the end of the millennium will be non-Whites. Keeping that in mind, it warned, if the discrimination against them in education, employment, income and housing, or incidents of hate are not addressed, it will lead to a growing sense of frustration.
"All our problems exist because of racism", sums up Anita Ferrao, who works in a firm. Anita has worked for them for three years and has got neither promotion nor raise. "As an Indian immigrant, you can never reach the top. They'll see to that. It's better to bring in some money here and start a business. It's the only way you'll do well here and be respected. "
But then if life is so tough here, why do people give up everything back home and come? The answer is the rosy picture of North America, inculcated right from childhood. Everything 'American' is considered superior. Better food, better homes, better life.
The common factor among all these unsuccessful stories is that all of them have degrees from a foreign university (not Canadian or US degree). I am sure it will be different for people who live in the US and have work experience from a US company. Also people who come directly to Canada from their country have culture shock. That is normal for people who haven't traveled out side their country before. But if you lived in the US, society and culture in Canada will not be that different
Again, everybody has to do their own DD before they pack their stuff and immigrate. That is just common sense
This is the most ridiculous article I've ever seen.
"I should have done my own homework before I applied" - no $hit. What makes you think going to med school in Indian means jack in Canada or the US. You have to get board certified. Duh. And I'm afraid cold calling doesn't work anywhere, including the US... does this work in India? Of course they're not going to listen to you. Jeez. People not doing their due diligence before THEY PACK UP AND MOVE HALF WAY ROUND the world... yeah, that proves to me you are smart enough to hire.
[QUOTE=sankap]Here's an article that appeared in Outlook (India) magazine 8 years ago. Apparently, the situation hasn't changed much since then:
http://outlookindia.com/full.asp?fname=international1&fodname=19990125&sid=1
Canada...The Grass Isn't Greener
Outlook: Jan 25, 1999
It's a dream gone sour. Thousands of Indian immigrants who land up in Canada are, more often than not, greeted with unemployment, racism, culture shocks...
SOHAILA CHARNALIA
"I didn't come here to be a chowkidar. I came here believing it to be a land of opportunity; a country that has never known the nepotism, the corruption, the shortages of India. I find I have only substituted one country for another... certainly not one set of values for another, as I hoped. " For Dr Gurdial Singh Dhillon, who was made to believe his qualifications would land him a good job fast, Canada was a real disappointment. When he did find work, it was that of a security guard. This, when the United Nations has declared Canada the best country to live in.
Some 200,000 people migrate to Canada every year, a majority from Asia. Hong Kong heads the list, followed by India, China, Taiwan and the Philippines. According to the Citizenship & Immigration Canada report, 21,249 Indians migrated to Canada in 1996 alone. (The high commission in Delhi, however, put the figure at 17,682). For many of them, especially those who are qualified professionals, dreams die fast. The life they face is never quite as rosy as made out by money-raking immigration lawyers.
Is the UN report the only reason for the increase in Indian applications for immigration? That, and the fact that it is easier to get entry into Canada than any other western country, says a Delhi-based immigration lawyer. Also, the fastest way of getting immigration to the US is through Canada.
Dhillon's disappointment is echoed by others. "I should have done my own homework before I applied", rues Aparna Shirodhkar, an architect from Mumbai, working as a saleswoman in a department store. "My husband is unemployed. I am the sole earner for a family of four. Sometimes I feel like running back". For Raheela Wasim, who's gone from being a schoolteacher in India to a telemarketer here, the experience was very discouraging, very disheartening. "I started losing confidence in myself. I felt I was not capable of the job market here".
Jobs are the sore point with Indian immigrants. The irony is, they are often more qualified than their Canadian peers, yet they end up with either no work, or with entry-level jobs that have no future. "I was not told that you require a Canadian degree to get a job here", says Paramjeet Parmar, a postgraduate in biochemistry from Bombay University. Parmar works as a telemarketer, which has turned her from an elite professional to an unskilled, daily wage labourer.
Ditto Opinder Khosla, a mechanical engineer from India, who has ended up as a salesman. "I found it difficult to even get an interview call", he says. The Canadian authorities are non-committal about the social and economic devaluation that the country imposes on immigrants.
"You can't come thinking you can just walk in and get a job in your profession", says Isabel Basset, minister of citizenship, culture and recreation, responsible for handling immigrants' woes in Canada's largest province, Ontario. But she admits that the licensing bodies regulating the professions need to be more accepting of people trained elsewhere.
That effort could only come from the government, argues Demetrius Oriopolis, co-author of Access, a government-commissioned report on assessing qualifications of newcomers, a 10-year-old report whose recommendations have still to be implemented. The report suggests certain rules of equivalence should be made binding on the regulatory bodies, which are exclusionist by nature.
But Basset won't even hear of making the regulatory bodies accountable: "We believe in private enterprise with a minimum of government checks. Besides, she argues, the exercise would cost millions of dollars".
Needless to say, the organisations are gleeful. Only professional bodies have the ability to determine what constitutes competence in a particular profession, was the cold response of the spokesperson for the Canadian Institute of Chartered Accountants, an institution that's responsible for the unemployment as well as under-employment of hundreds of qualified chartered accountants from India. They do not grant licences for professional practice, because Indian qualifications are not acceptable.
"What kind of society are we creating? Is it a new form of slavery?" asks an irate Bhausaheb Ubale, Canada's former human rights commissioner. Qualified immigrants work as drivers, guards. If this isn't job discrimination, what is? Dr Ubale lobbied intensely before Indians were accepted in the media. They now hold jobs as reporters and anchors, he says, but a lot more has to be done.
While skilled men may not be able to find jobs, their less qualified wives find it easier because they accept whatever comes their way. In several cases, the wives earn and support their husbands who are busy upgrading themselves, by studying for a Canadian degree. The working wife sometimes slogs away at three jobs. Sumitra starts at 7 am at her first job, teaching immigrants English; her second job as telemarketer starts at 4 pm. She gets back home around 8 pm, after which she begins selling cosmetics and household goods door to door. Till midnight. Sumitra supports three students, her husband and two school-going children.
The other problems Indians face here are the high taxes, high mortgage payments for new homes and the sort of hidebound laws that the benign anarchy back home hardly prepares them for. "You can't run a red light, you can't escape from a hit-and-run site even if you are just the witness, you can't smoke in public. Too many rules, so different from home", says Harminder Singh.
Two 'Indian' practices that do exist here, however, cause immigrants the maximum trouble. They are sifarish baazi (nepotism) and mufat ka kaam (free work). The Canadians, of course, have given them sophisticated terminologies, the former is referred to as 'networking' and the latter, 'volunteerism'. In a country where you are never encouraged to 'drop in' to meet someone, where the fax, the computer or the phone is used to complete most transactions, a job-seeking immigrant often has the phone put down on him. Polite but firm secretaries block access, unless the caller can drop a magic name that can help him gain entry. It takes at least a year for even the most enterprising immigrant to get to know somebody who can help him, before he can get a job at all.
'Networking' goes hand in hand with 'volunteerism'. Many immigrants put in a year of free service before they are given the job. Most writers and anchors of Asian origin are given only part-time jobs, paid by assignment and with no fringe benefits. The company insists on the word 'freelance' on their business cards, to make it clear they have not been hired by the company, and hence can't demand higher pay or any benefits. They can, and often are, fired at will.
Perhaps the greatest problem in Canada is the one that is least articulated--racism. According to a diversity report on Toronto (said to be the most ethnically diverse city in the world), the year 2000 will see its minority becoming its majority that is, 54 per cent of Toronto's population by the end of the millennium will be non-Whites. Keeping that in mind, it warned, if the discrimination against them in education, employment, income and housing, or incidents of hate are not addressed, it will lead to a growing sense of frustration.
"All our problems exist because of racism", sums up Anita Ferrao, who works in a firm. Anita has worked for them for three years and has got neither promotion nor raise. "As an Indian immigrant, you can never reach the top. They'll see to that. It's better to bring in some money here and start a business. It's the only way you'll do well here and be respected. "
But then if life is so tough here, why do people give up everything back home and come? The answer is the rosy picture of North America, inculcated right from childhood. Everything 'American' is considered superior. Better food, better homes, better life.
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