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  • alex99
    10-29 08:57 PM
    ^^^^^^^^^^^^





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  • chmur
    02-21 10:18 PM
    I'd posted elsewhere about my Feb 13, 2008 conversation with the DOS official who sets cutoff dates:



    But his statement at the AILA meeting has been bothering me so I talked to him again today. Here is what he said -- that he is considering not only the EB-1 India excess, but the entire EB-1 worldwide excess being given to oversubscribed EB-2! I asked him about his earlier statement and he said that he had had a chance to look at the numbers and determine that unlike recent years EB-1 worldwide is not using numbers up at a rate that would max out EB-1 usage. BUT. He is waiting for USCIS to give him an estimate of the number of EB-2 India applications that would become eligible if he moves the cutoff dates up to 12/1/03, he will set the date ONLY after he gets that data and determines that there won't be too many within that cutoff date.

    I also asked him to confirm that he was relying on his interpretation of Section 202(a)(5) (http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=cb90c19a50729fb47fb0686648558 dbe) of the INA in order to proceed with this spillover. This is his current interpretation of that section -- spillover from EB-1 to EB-2 IF there appears to be a worldwide excess in EB-1, when there is no worldwide excess in EB-1 then country specific spillover for example, from EB-1 India to EB-2 India only etc. In past years like FY06, EB-1 ROW was looking maxed out, so barely any spillover from EB-1 to oversubscribed EB-2.

    is there not a better nuance way to divulge the details without revealing the source.

    What if someone at DOS creates problem for this gentlemen for discussing the PD's with you ahead .

    Please exercise caution





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  • GCScrewed
    07-04 11:06 AM
    Paskal,

    It is possible that EB1 C might become unavailable, because you might be looking at it more closer than I am. But I still find it hard to believe that an MNC will just create a phony Managerial position for every Joe Bloggs, an abuse similar to Labor substitution and satellite offices in states where labor processing was fast etc. Lets say an MNC really promoted some one to a position that qualifies for EB1, moves him out and moves him back, it is still by the book and can't be compared to labor sub, which were sold for money. Labor sub by itself is NO crime irrespective of what we think. The rampant abuse of it caused the demise. Same rule applies to some one who goes out and comes back as its all by the rules and no abuse is involved. In responding to the OP, My intention was to say that MNC's do not go to such an extent of creating a Managerial position that do not exist or have an employee do the same work in the name of managerial position. Some companies might have abused it in such way on few occasions, but thats definitely NOT a practice as rampant as Labor Sub's once was. If that were true and as easy as depicted, A lot of people & companies would have done it, by now. We don't need to teach the gamers. They are a step ahead in getting things done, if there is a way.


    Given the severe backlog of EB2 and EB3, some people will find ways to outsmart the system so that they can get the greencards sooner. If those loopholes are not plugged now, it will make a mess just as Labor Sub once did.

    I think we should pursue a goal that benefit everyone in the backlogs... not just a specific types, say I, C vs ROW; EB1 vs. EB2 vs. EB3; STEM vs. Non-STEM; Schedule A vs. Non-Schedule A; Healthcare vs. Non-Healthcare; IT vs. Non-IT. The only cause which will get everyone on the same page and therefore is worth pursuing is to recapture unused #s so that all people in the backlogs can go through the pipeline quickly. Of course, all the government agencies, esp. USCIS, must be held accountable for processing cases in a consistent and orderly way. This may be another goal IV should pursue. Just my opinion.





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  • akela_topchi
    02-18 06:04 PM
    I think this bill is to legalize the illegals.

    Powerful Hispanic caucus in Dem party would try every trick they can to legalize those who jumped the fence. Hispanics voted 4-1 for Obama so now they're in a better position to negotiate.

    But, nobody is going to touch immigration before 2010 congressional elections - because (1) Economy (2) status quo favors Dems



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  • dilber
    07-20 05:37 AM
    Here you go - conversion should not impact this as the number of LC approvals remains the same:

    Here are all the LC approvals for India in the last seven years.

    Year, Total LC Approved, Total India
    2007 85112 24573
    2006 79782 22298
    2005 6133 1350
    2004 43582 No Info
    2003 62912 No Info
    2002 79784 No Info
    2001 77921 No Info
    2000 70204 No Info

    Lets assume about 25% of pre-PERM LCs are India based on post-PERM data. Thus for fiscal 2004 (Oct 2003 thru Sep 2004) the total LC number is 43,852. Assume 25% of that to be India based on PERM data. That gives about 11,000 India LCs in 2004 alone (All EB categories combined). If you assume an average of 2.5 dependents then the number of visas required for all India EB categories for 2004 is 27,500 (11,000*2.5). The regular quota for EB2 and EB3 combined is only about 9,800. That means 17,700 visas have to come from somewhere. I dont think those many visas are remaining for this year. Be prepared to see FIFO thrown under the bus and approvals with PDs that are all over the place. Please critique this analysis without piling on. Thoughts?

    EB2 has been on or Apr 2004 for a long time so all the ones before should have got the GC or at least most would have when we are calculation numbers for calculating retrogation We have to consider the numbers in in a particular category 11000 number as you say includes all the EB categories you have to discount out the EB1's because they have got their GCs long back. EB3 will also have to cut out form the calculation because they are not being counted. even if you consider 40% of these to be EB2 (a conservative estimate) then total GC needed including the dependents will be closer to 11000 (Total not just primary) and as Vdlrao and others have shown there should be more than this number available in this fiscal year alone. So I will have to agree with them that the numbers will go back but not all the way to Apr 2004 It should easily come in 2005 range may even come to 2006 since there were very few cases applied during 2005. Also can some one let me know if during 2005 when perm was instigated was regular labor processing also going on or was it completed stopped during that time.

    Also conversations will affect this because people converting from EB3 to EB2 will make sure that they port their priority dates and hence if say all the EB3 people from 2003 convert to EB2 and successfully port their dates it will definitely push the dates south of 2003. Did I make sense???





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  • thamizhan
    07-24 11:24 AM
    Do you know to which center he applied and which center sent his packet back ?



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  • abstractvision
    03-19 12:07 AM
    Nixstor did explained his actions and I concur... Controversial handles should be banned... Handle "TALIBAN" was banned and same member opened new handle "TAWLIBANN" saying his name is Tawlibann Foggs...

    Anyway we should close this issue.. I do find tawlibann's posts decent and non-offensive.. Only thing is we need to practice some respect to the communitity when chosing a handle... Its just not this.. there could be potentially other offensive handles.. So I'd say there should be a step/check in registration process to monitor/regulate handles... You won't like any handle offending your religious beliefs, dis-respecting your nation or humanity itself...

    Just my 2 cents... We should stop this discussion and focus on immigration issues...
    Trying to understand why Mr. Foggs was singled out...

    May be obscene name: Humm ..much better than existing F---GC,fuckadothead, chumki, chumma, xxxx, coolhokie, ussexy, saksibaby, funkycatspangky, faaltoo and plenty ..check the member list.
    May be obscene posts: No...his posts were very decent. He pleaded his case very politely. Never lost his cool even after being banned without being told.
    May be meaning of Taliban is wrong: No, It means..someone who is seeking religious knowledge. Nothing wrong in it.
    May be bad relation with US: Humm, US may not have good relations now, that was not the case earlier in late eighties and early nineties...not too far back..;)
    May be having political cause: What about existing handles like FREE_KASHMIR, us-alien...etc
    May be reference to terrorism: Having a same name "AbstractVision" as a terrorist organization somewhere in remote part of the world doesnot make me a terrorist.
    May be religious name: Humm...not like existing jaihanuman, saibaba,saint.. .etc
    May be country specific: Hum...Jai_Hind, JisDeshMeinGangaBehthiHai etc.. more than 500 handles have meaning related to India and in Hindi, Tamil etc
    May be phone call was not received by proper person: Humm..did someone tell him to expect a call..;) Being a member doesnot to be glued to phone 24 hrs waiting for someone to call. A private message with time would have been the right way.
    May be phone no. was fake: I had my previous cell number in my profile that I used 2 years back. I corrected this evening after this interesting post. I wasn't red flagged.
    May be handle name was a distraction: If handle names are distractions, I wonder how far can we go....no offense. We have got bigger problems to deal with.
    May be incorrect details: Why would I put my correct details on the internet. Didn't someone educate me about Identity theft..;)
    May be user was unaware of unpublished nomenclature: That sounds like the case. May be admins would like to publish the pool of words they are comfortable with and that may not be distraction.

    No offense, but without letting the guy know beforehand is definitely not up to the mark. Give this guy a break.... . Lets not apply any rules retroactively....more than 80% of the handle names are ridiculous and does not seem to be coming from intelligent folks and people with exceptional abilities.

    I agree we should respect other members and names should be decent..but I do not agree that names can be regulated by forum administrators with no set rules of engagement ....so many languages in the world...one decent meaning in one country/language can be offensive somewhere else.

    What wonders me is that SO MANY easily understood obscene words in memberlist as handle were allowed by admin (F---GC,fuckadothead,xxxx,ussexy etc ) and 'Taliban' got hit by a 800 pound gurilla..;)..got banned....

    I am looking forward to a REAL issue discussion and get over this handle issue. Lets move on...





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  • gc28262
    06-10 04:05 PM
    Done !



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  • amitjoey
    08-15 04:01 PM
    http://travel.state.gov/visa/frvi/bulletin/bulletin_3761.html

    That was expected.





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  • chanduv23
    11-11 05:58 PM
    Don't worry about the comments and the dots. I agree, things are going to get very tough in coming years.

    And, the work of every president in the modern history has been diagonally opposite to the expectation. Example, conservatives voted for Bush to ban abortion, stop illegal immigration, balance budget etc. On all these issues, he was a major upset to his supporters. Based on what I know (and don't know), I think that the expectations of most people from Obama administration are likely to dash against the rock. Specifically, people on immigration forums like this one, who feels being in the proximity of a miracle will soon realize the dangerously flawed situation. The apathy of this community will consume it. Live and learn....


    .

    Almost all my personal friends I spoke to recently who did not want to help with IV stuff, now proudly claim "As Obama has become the president, he will do something for us to get the green card"

    The hope continues :)

    People come on IV only to blame IV and admins for all the problems in their lives, but when asked to help for IV stuff - they give red dots and leave bad comments



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  • amulchandra
    02-01 06:48 PM
    I am on H4 for the past 2years and this year I am trying to move to H1. The problem here is no big company responds to my resume.(Mine is not a cooked up resume. I have 6 years of experience and a lot of certifications). The only calls I get is from desi consulting firms. No US staffing firm nor BIG US firm sponsors H1s for first timers like me in US as we don't have US experience. They get their jobs done through consultants on Corp-Corp basis. Sometimes I am getting depressed seeing all this. May be I think I am forced now to go to a consulting firm to get my H1b because they are the only people who sponsor H1s in April to work in October which is 8 months from now. The system has to be revamped otherwise this system is going to exploit a lot of people like me. I cannot wait till we get a green card or work permit because it looks like it is a million years away from now. One thing I understood is that H4 dependents have no rights in this country and they talk about human rights violations elsewhere.





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  • chanduv23
    02-13 10:55 PM
    Dear friends,

    I am appalled and disgusted by the mudslinging going on between ROW and India-born applicants. If any of you remember your history lessons from high school, the English used this exact policy of "Divide and Rule" to keep control over their colonies.

    For example, in India, they would go into Moslem dominated cities, discriminate against them for jobs, and put Hindus in more prestigious positions, and vice-versa. They did this after the first war for independence in 1857 where Hindus, Moslems, rich and poor fought to overthrow the British occupation.

    The very same policy is used by the U.S. government to control their population:

    1) Per country quotas in EB immigration cause infighting

    2) Infighting causes immigrant activists like IV to lose focus and weaken the agenda

    3) Infighting results in racism between ROW, India, and China, which causes Americans to watch the circus, shake their heads and lobby for more immigration control

    4) Poor regulation in the H1B program cause Americans to lose their jobs and blame the Indians and Chinese

    ...and the elite sit back, sip their martinis, and watch the fun.

    So you have two choices before you:
    1) Keep fighting, achieve none of the 3 main IV objectives, and continue your bonded slavery or
    2) Unite as one to achieve all 3 objectives, and throw off your shackles

    Remember, "Injustice Anywhere is a Threat to Justice Everywhere" - Martin Luther King

    I am a strong advocate of Unity and I appreciate your post. Infighting exists everywhere, it is not created but exists in us and our thought process. Let us not say that USCIS or US govt creates the "infighting" by divide and rule. We fight among ourselves because we are unorganized and do not have a platform. IV has provided one of the biggest platforms that caters to all highly skilled immigrants which covers a broad range of issues and is a wonderful platform for all of us to unite.

    United we stand, divided we fall - if people find reasons not to be united, then they can expect Lou Dobbs accusing them even after they become US citizens



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  • abhijitp
    07-25 12:43 PM
    I think its arguable. The 6 months clock is defined by law. After that even if they issue an RFE on the old employer, assumption is ofcourse that your with a new employer, you can send the new employer's offer letter / AC21 invoked. so it shouldn't be an issue. USCIS can ask about the offer letter from the old employer as intial evidence, so have it available and send it later + new employment letter.
    Thanks everyone for replying.
    Good point, it is worthwhile pursuing the matter and getting the EVL as initial evidence. All I ask for is transparency, so if they tell me to sign a bond for this purpose, I am happier than if they beat around the bush and evade the issue!





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  • gk_2000
    05-23 03:50 PM
    Definitely much better than a computer operators'. I have high regards for people who work at reputed companies such as MS, ORCL, Apple though. By computer operator i mean people who try to speak english but sound as if they are speaking telugu.

    How about Egyptian accent? How about Russian, Chinese, Mexican, etc?

    Have your REALLY been in USA? How long? Came yesterday????



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  • Sunx_2004
    01-24 11:31 AM
    ^^bump^^





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  • sidbee
    12-17 03:21 PM
    My labor is filed in EB3 , and i am awaiting Certification.
    My PD is Nov 2007.

    I dont feel that i am gonna get even EAD in the next 10 years, with the current delays,unless something major changes.

    Any hopes??



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  • qesehmk
    02-11 08:23 PM
    >> Why be rude
    My apologies if my post reflected that. My intention was never that.

    .

    That's ok. But yes I agree that there probably was no FB spillover in 09.

    Regarding assigned but not used visa number .... my guess is they are completely wasted and are not eligible for spillover. On the unused (i,e. unassigned numbers that stay with DOS) are spilled over to other category (FB to EB and EB to FB).

    But this is my understanding .... not any official information :-)





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  • ItIsNotFunny
    10-20 01:47 PM
    Gave you green to keep ourselves up :)

    I also has similar issue. People putting red dots with no messages "." or saying "You Suck".

    One guy dared to put a message "You don't have plan". That person even didn't see that I just tossed an idea to see if people are comfortable for flower campaign. This can get success as a mass only. I didn't tell anytime that I have an exact plan. That was step 2.

    One supreme idiot of earth went one step further saying "None of your business". Come on. If Immigration is not my business then what else is? And why the hell that idiot was also on this portal!

    Someone put red dot on this post saying" "some red for you, so you can get used to it :-)".

    This kind of idiots are cowards and b*****ds. They don't have guts to come forward and post their opinions. I rather appreciate persons like BEC .... who came upfront saying they are not comfortable with idea and we could discuss more.





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  • perm2gc
    01-10 09:33 PM
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    eb3retro
    08-17 12:16 AM
    Very Good first post :eek:!!! Please hide wherever you were hiding till now, STOP judging.

    clever adj
    Definition: bright, ingenious
    Antonyms: awkward, foolish, idiotic, ignorant, naive, senseless, stupid, unclever


    I am looking to see if he will show up too..looks like he is not coming back..so much for one and the only post..





    abhijitp
    08-15 04:07 PM
    But the question is.. how long will the dates stay where they are, if not retrogress. As such EB-3 is U so that is bad news for a lot of us, including me, unless my Eb-2/ Eb-3 mess is cleared.

    So... let's focus now on the action items. Come on folks, let's stop even looking at VB as it is old stuff... move to C-Sharp;) I mean move to action items... PLEASE!



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