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  • sumagiri
    07-25 08:40 PM
    I dont know what this means. He said previously EB3 backlog is massive. So assuming40 percent of indians would give 160,000. Out of those assuming 50 percent for EB2 would give 80,000. Question: Is eb2:eb3 ration 50% ??



    "I think that the numbers are generally accurate, but I disagree with the conclusion. In large part, I rely on what I was told in a conversation with the State Department officer responsible for calculating cutoff dates. He told me that the Indian E2 cutoff date is going to retrogress back to late 2002 or early 2003 in October. He said that the Indian E2 backlog is MASSIVE.

    Looking at the total number of people who have filed AOS applications, or who have been reported as documentarily qualified to consular posts, we see a group of at least 400,000. This was as of a couple of months ago, after much of this year's quota had been used. I'm told that between 40% and 45% of the people in the known backlog are chargeable to India - and most of those are E2".


    IMO, "MASSIVE" is a relative term. Even if there are 400,000 applicants and 45% of them are India and 60% of those are E2, the total is just 108,000. Not that bad if we look at the calculations and E2 numbers India gets this year and next year. I think it is sensible to say the actual number would be lower than 108K.

    Having said that, before horizontal spill over, all these numbers (spill overs) were going to E3 ROW. Why is E3 ROW still severely retrogressed? Apart from calculations, I am attempting to do all reality checks. Is the volume of E3 ROW so heavy that around 50k + additional visas are not helping to bring E3 ROW to current. Read some where about amnesty causing this back log. Any one knows this for sure?





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  • paskal
    07-17 12:58 PM
    Is it accurate to say that new way of allocating spill over visas effectively acheive same effect as eliminiating country limits?

    this is not correct. ROW continues to get preference.
    what has changed is that for a while USCIS chose to interpret the law in a way that gave EB2 GC numbers (the law mandated 28.6%) to EB3 ROW rather than spill them over the EB2 I/C. now they have corrected that and EB2 numbers (which include any spillover from EB1) are first used in EB2 ie category numbers are given priority.

    so the bonus advantage that EB3 ROW got for 1-2 years has been withdrawn. however with EB3 retrogressed and with EB2 I/C retrogressed, EB3 ROW continues to get all EB3 numbers except the 7% each for the retrogressed nation states.

    i would also like to know where the 20K number is coming from if anyone has a source please share it.





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  • bitu72
    11-15 04:58 PM
    Hi all,

    i have applied on oct 15th , i have got a file number very quickly.

    seems like they encashed my draft on 10/25.

    so is my date going to be considered be 10/25.

    i got a letter stating your letter is in priority queue and we would contact you.

    when do they contact genrally. lany idea about next steps.

    thanks





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  • reachinus
    07-30 04:04 PM
    Hello Atty, Hope you can reply to my question as well. Please let me know if I should contact the CBP and tell them about this or just ignore.

    Thanks for your time in advance.



    I am not saying that the AP cannot be used again, but it cannot be used after the Validity on the AP which is 1 year from the Issue date and the date on the I-94 doesn't have any meaning.

    For example
    My AP was issued on Oct 18th 2007 and I can use it to travel till Oct 17th 2008. But people are saying that they are issued an I-94 with a date which is 1 year from the date they enter/use the AP.

    But my concern is that I was issued an I-94A which doesn't have any date on it. Should I be concerned about that?



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  • nixstor
    09-23 02:31 AM
    I have sent close to 10 emails putting subject

    "Proposal to alleviate current US economic crisis"

    I hope I am doing right..

    Housing/economic crisis rather than economic crisis

    Please send emails from your own emails so that we can know what staff members and their bosses think.





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  • thomachan72
    01-13 01:46 PM
    Long 19 page memo - but loud and clear for many scenarios -
    http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf

    This memo is an eye opener especially for folks on consulting company assignments and those who are self-sponsored or who want to do their own business. Finding a new H1 sponsor would be extremely difficult as well (AC21 folks beware).

    Now getting a new H1 or a transfer or a renewal, may be subject to very stringent scrutiny.

    This memo has the potential to throw a lot of small boutique Consulting companies out of business and along with it many of their employees - whether they use H1 or not.

    Wish the best for all affected folks.
    Pray and hope the GC dream is realized faster for all.

    Best Wishes

    Please explain why these (see above) will be more difficult if you have read it. What precautions / strategy our members can take etc.



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  • Jerrome
    09-24 06:05 PM
    Spillover would be by PD so China will not get same number of EB2 numbers as India. India has many more old applications then China.

    I assume they move both the countries PD to the same year/month if the spill over happens. Atleast in the past, it would be interesting to see how they move now.

    Even in all the scenarios it is less likely to go in to 2007, if not beyond June 2006.





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  • Amma
    08-15 01:31 PM
    Why so much ruckus for SRK ?. After all he is a actor in India. So many actors are having connections with Dawood Ibrahim. So , nothing wrong for extra questioning.


    But Indian immigration will not do such things to foreign delegates. They treat them like gods.Everything will be bypassed.

    This is the difference between us and US



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  • chi_shark
    09-23 04:52 PM
    I dont think buying a greencard for 100,000$ or for any money is wise. You already are paying enough taxes, paying legal fees.... and of course spending ur prime here waiting for a permanent resident status.
    you are buying a house. they are to give gc in return for us pumping money into the system which otherwise would not have come in

    So let them grant GCs if they feel like. Dont bribe ur way in!!
    its not about their feelings or yours... there is a law and IV is trying to change the law by a legitimate process. do not use words like bribe which refer to improper personal payments for benefits that dont belong.


    Also if one bought a home and then got a GC, lets say he sold the home right after... what abt it....!!
    the new law should decide that... the discussion is open...





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  • bestofall
    07-14 09:46 AM
    Hi Attorney ,

    Thanks for your service.

    Iam July 2 2007 485 Filer ( EB2 - March 2005 India).
    I have received EAD & AP . Even we renewed our EAD and received Approval.

    but My wife & my self have not received BioMetric Appointment for 485 or EAD.

    As per August 2008 bullietin , Our PD will be current ...

    what will be the impact on 485 Approval , of not having BioMetric Appointment scheduled , even after 1 year of 485 filiing..

    Thanks again
    Bestofall ..



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  • vivid_bharti
    09-03 02:34 PM
    I don't know him as a human being but I know him as the ruler of AP, and I can tell you one thing. There have not been and probably there will not be a politician more corrupt than YSR in the history of India. He was milking the state treasuries as if it was his family property.





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  • ramus
    07-04 10:57 AM
    I noticed that too but I thought may be they just putting rough nuumber and not exact..
    But you are right there were 3,185 highest ever..


    The following from IV's press release is incorrect. The max # is 3,185

    The group's website has reported a record hit of 2,500 concurrent users since this morning.



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  • jhaalaa
    01-13 02:49 PM
    When folks transfer to a new employers using AC21 (where AC21 is otherwise valid) -
    0. NOT APPLICABLE: for folks who only use the EAD for the AC21 and do not use H1 transfer.
    1. OK: for folks where you work directly for the new H1 transfer sponsor.
    2. DIFFICULT: When H1 transfer using AC21 is sought from a sponsor just to meet AC21 criteria, while one works as a consultant.

    AC21 Beware - is specially meant for those wishing to seek AC21 from a small consulting company - because finding some big employer who would presently write a job description in the offer letter to match the criteria ("same or similar") that was advertised for the Labor certificate underlying a I-485 petition that has been pending 7 or more years back does not seem very practical.
    _______________________________
    In general, for folks on H1 or those planning to get one -

    A. Folks who work directly for the H1 sponsors are OK.

    B. With this memo, meeting 'Employee-Employer relationship' shall become tougher to prove for small and specially third party consulting company employees who work elsewhere and for an unrelated (to what is stated on the LCA petition used for the H1) client.

    It does not mean that its all going to be dark for all with no hope.
    Just that, keeping all necessary documentation, proof of communication of work, duties, progress, status, performance assessments, time sheets, documented business processes, projects related documentation, client-vendor communication, service agreements, etc shall become very tedious for small consulting businesses.


    Best Wishes for all





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  • roseball
    01-13 04:43 PM
    Is this some thing needs to pass or in proposal or already effected since the date they published on the website?

    I have not ready the doc.

    This is neither a proposal nor a bill that needs to go through the process. Its a memo to the USCIS service centers providing clarity on whats an employer-employee relationship means for a H1 petition to be considered for approval. The memo claims there was no clarity on what constitutes a fair employer-employee relationship and provides guidance to the USCIS service centers to follow the memo in processing all H1 applications. So technically, I would assume it is effective on the date it was released.



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  • breddy2000
    07-26 04:41 PM
    right point to note.

    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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  • saimrathi
    07-10 11:25 AM
    Have a great time eh!!

    Dear Friends, I had it... I am moving to Canada in the next 2 months to work for guess who? Microsoft. Came to USA in 1997 for my masters, worked at Legato, Documentum and Opentext. Had to restart my GC twrice, once as the company laid me off and next for career progression. GC is still years years away. Interviewed with MSFT last month and got an offer to work in their Enterprise Collaboration team. MSFT looked at the visa mess I was in and offered me to work in Vancouver. I get my Canadian GC in 6 months and my wife can work from day one. I am abandoning my US dream for good;guess I would be satisfied with touching my 4 year old son's American passport.

    I worked for a canadian company in US and now would be working for a US company in Canada. This is globalization. True Globalization. Any for those whiners belonging to IEEE and its propoganda machine, I would like to mention that I drew salries which were above way above the norm. I am sure I would be drawing more than 2 of his programmers combined. Ron- ask your folks to learn to compete and update their skills. They probably studied studied 'history of mathematics' as a math subject in high school instead of calculus. They were happy that they had the coolest Nintendo games while many like me were burning the midnight old figuring out data structures at Berkeley.

    I hope Berney Sanders and his club of the CIR days are hearing the developments. Berney, fix the broken education system for job protection rather than building fences to prevent legal workers to come to this gifted country. More companies will leave for nearshore if the mess continues. Fix the system by closing the H1B loopholes that a small percentage of companies are exploiting. Don't bad mouth the H1B system which has given you so much talent that you could have never groomed, the talented individuals who have contributed to the society, social security system and what not. Patch the holes in the fence, do not erect a higher fence for which people need to pay $ 5000 to cross. And by the way if you have the inclination and the time- fix the broken LEGAL High Skilled immigration system.



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  • snathan
    01-19 02:00 PM
    Check my post . I withdrawn my post after realizing that it was not amusing to others. What else I could have done other then withdrawing my post ? How do you feel I should react when some one has gone personal ? Just giving lip service will not do good either. Where is the plan ? Did I said in my post anywhere that I will create hurdles for any movement for opposing this memo ? Mind it so many rules like AC21 or working for new employer just after transferring H1b never came out of any immigration forum thread. Gold rush of 2007 was result of Aila efforts . It all came after AILA negotiated with USCIS and I am keeping my eyes there. I am checking most sites because am worried too . Unfortunately people are forcing me to praise and sing for my ex employer which I will never do.Venting against my ex and supporting the memo are two different things.Anyway
    I suggest try to establish contacts with AILA. That's the way to go. Unfortunately that's pointer is missing in this forum.

    I am not sure if AILA really did anything for us in 2007. Logically thinking they are just a business and they care about only their income. They do not need to worry about our welfare. So I dont expect AILA would fight for us.





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  • eastindia
    01-14 09:48 AM
    I love this thread. Plainspeak is a worthless guy with worthless opinion entertaining all of us with silly thread and responding to everyone. Dude did you get some problem in life and have so much time to write? If you really want something you could have done something till now.

    You do not even want to meet any lawmaker. You believe in watching CSpan and lawyers lobby for you. Go and contact CSpan and lawyers to help you. Why are you here?





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  • saileshdude
    05-29 01:03 PM
    Not just limited to Cognizant and some Big 3s(or 2s now).
    Please do not dismiss this as a tunnel vision, its a reality that will develop into a panoramic scam. I know of a guy in India who is sowing seeds of multi-national manager with a Staffing firm(Desi consulting Co) just for this purpose. Worst he has an individual contributor job with some other company that is in collusion with the staffing firm here to prove he works for the company here( I am guessing as a consultant and taxation with a ghost company of US based company in India). I could not get him to spill the beans on how this whole thing is working but he is confident and has sunk a lot of money into it. Strangely, he was disappointed when I told him even with L1A/EB1 it could take 18 to 24 months. Talk about feeling entitled.

    Mind you lot of these guys have registered companies in India already to fish for H1 applicants. We close our eyes on this one, it will break the levees and flood the EB immigration. SO never be coy in dismissing this travesty and mother of all scams that is going to follow.

    I agree. These so called extraordinary EB1 clowns need to get a taste of waiting and suffering period that many others here. I have no problem with a qualified EB1 candidate getting it but EB1 are for extraordinary ability people who really deserve it.

    IT project managers are not the deserving candidate.





    vivid_bharti
    05-01 05:31 PM
    Thread was opened in the support of Tamil Srilanakan civilians not LTTE, India should pressurise Sri Lanka to stop attrocities & killing of civilians, but again who will say it ??? Was there a FM ? a PM ? all puppets...
    "Tomorrow if we or our generations are getting killed in the US, would you say the same thing" ....

    Of course yes! If our generations are US citizens, US govt should take care of them and if they are part of any terrorist organisation, they should be treated the way terrorists are treated.

    "Country needs to care about its people" ... Its is in your quote ... Issue is about Srilankan's and their goverment should take care of it, NOT India. I don't think any one has a doubt about how LTTE should be handled.





    mallu
    02-16 02:57 PM
    My friend, in 2003-2004 alone there were 136K EB greencards wasted. When recaptured, in the past they have been given to oversubscribed countries. That is almost an entire years supply of EB greencards.


    I didn't know they give significant percentage of the recaptured numbers to retrogressed countries. That is cool.


    As far as your last question goes: I'm amazed, given your interest in this subject, that you have not read the 2005-2006-2007 Ombudsmans reports which discusses in some detail how USCIS claims that it cannot provide data on pending applications by EB preference, country of chargeability, and PD. Do take some time to familiarize yourself with these reports (and read the damn footnotes.)

    I think i read only last year's report , that too the section concerning FBI namecheck, because at that time my PD was current most of time and i was stuck in name check. Now time to read rest of the stuff in Ombud's rpt.



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