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  • factoryman
    02-12 08:55 PM
    From Zhang (
    We suspect that the large number of approved cases in BEC have a big impact on the progress of Visa Bulletins. Department of Labor announced on December 11 that the BEC then had 142,418 cases pending, while in September, the pending case number was 176,000. In the past three months, about 33,600 cases have been removed, with a pace of 11,000/month. Then, the number of I-140 & I-485 petitions soared up in the past several months. This fact stalls visa bulletins in department of state. We predict that it is hard to see a big progress in visa bulletin, given the hope that BEC will keep its current pace of processing cases. However, we don�t expect to see a big retrogression of visa bulletin in the next a few months either. Things may change in the second half of 2007.

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  • qplearn
    10-23 01:02 PM
    Hello everyone.

    I was wondering if someone could point me to how exactly labor substitution works.

    Before anyone starts jumping down my throat, i am JUST looking for documentation on the full process and I DID try looking on the google.

    If someone has any article on labor substitution and how it works please post it on here.

    Best of luck!

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  • garybanz
    12-14 05:18 PM
    --What you said sounds very interesting. But it got me thinking, what if the merit is equally distributed by the country of origin and there is a limit to the opportunities this country can provide?

    Let us say there are 140,000 EB visas given every year. Based on pure merit and sans any regard to nationality. Don't you think it could potentially lead to more visas being consumed by one country?

    What if this country wants to ensure diversity to its social fabric?? How do they go about doing that?

    For diversity this country has diversity lottery visa this is for the society to have people of different countries/ languages/ foods/ dresses/ colors etc
    , EB visa is for the economy to get the talent it needs to be competitive in this world. There is a huge difference.

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  • ksrk
    09-15 06:30 PM
    Exactly, there are more EB application from India and most of them are older PD, so with no rule, all it means is that India will get bigger share.

    But I thought the rule stated that the spillover can only be applied to over-subscribed countries in the FOURTH quarter of the fiscal year - meaning no sooner than June/July 2010 - or am I missing something here?
    How can the VB get past March 2005 in December 2009? If it does, I'll be very happy! However, I would like to know if the estimate is realistic...and not over-optimistic.


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  • srini1976
    09-23 05:50 PM
    Alright the numbers are out

    We have following EB2 numbers

    <=2004 7000
    2005 10800
    2006 19250
    2007(july) 10500
    Total 47,700

    EB2-ROW have very few applicants pending as i said in my earlier message ~7200. So CIS has to approve EB2 India/China cases to meet their approval numbers.

    Thanks Sachug22.

    Dec 2009 Visa Bulletin & Jan 2010 Visa Bulletin should give us clear picture about EB2 - I forward movement (if USCIS does spill over every Quarter this fiscal year - Most likely I expect the spill over to occur every Quarter this fiscal year).

    Other important indicator would be the spillover received by Eb2 - I till Sep 2009. If spillover is more(clearing majority of 2004 - Jan 2005 cases) that would be the best case scenario.

    Overall things look very positive.

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  • ksrk
    09-15 02:47 AM
    Assuming 3k spillover from (EB1/EB4/EB5 to EB2) => EB2 will get 13K visa
    EB2 ROW uses 7K (700 India, 700 China, +5k others) - there are 6K visa to allocated by Dec 2009 and 12K by March 2010 which will be given to EB2-India.

    BEC LCA applicants in 2005 estimate (EB2 India) = 2000 => 4400
    PERM applicants in 2005 (7276 of this 40% are Indian and 60% from EB2 ) -> 1750 LCA
    1100 LCA => 3850 GC

    Total pending I-485 in 2005 (EB2 India) ~ 8000

    This would mean PD will cross 2005 in next 2 quarters. I have pesimetic estimates so it will not surprise me it the dates move more rapidly.

    ...a question, though, about how the spillover is assigned back to over-subscribed countries (India and China) - does that happen in the fourth quarter of the fiscal year (lately in the last month or two) or does it happen each quarter? Looks like your analysis assumes it happens each quarter...


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  • sledge_hammer
    01-14 02:29 PM
    They are implying that those who are currently working for body shops are to find an employer that would offer their definition of employer-employee relationship. But you are still with the body shop, then your extnesion will be denied!

    Q: What happens if I am filing a petition requesting a �Continuation of previously approved employment without change� or �Change in previously approved employment� and an extension of stay for the beneficiary in H-1B classification, but I did not maintain a valid employer-employee relationship with the beneficiary during the validity of the previous petition?

    A: Your extension petition will be denied if USCIS determines that you did not maintain a valid employer-employee relationship with the beneficiary throughout the validity period of the previous petition. The only exception is if there is a compelling reason to approve the new petition (e.g. you are able to demonstrate that you did not meet all of the terms and conditions through no fault of your own). Such exceptions would be limited and made on a case-by-case basis.

    Q: What if I am filing a petition requesting a �Change of Employer� and an extension of stay for the beneficiary�s H-1B classification? Would my petition be adjudicated under the section of the memorandum that deals with extension petitions?

    A: No. The section of the memorandum that covers extension petitions applies solely to petitions filed by the same employer to extend H-1B status without a material change in the original terms of employment. All other petitions will be adjudicated in accordance with the section of the memorandum that covers initial petitions.
    USCIS - Questions & Answers: USCIS Issues Guidance Memorandum on Establishing the "Employee-Employer Relationship" in H-1B Petitions ( D&vgnextchannel=6abe6d26d17df110VgnVCM1000004718190a RCRD)

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  • it is ok
    09-23 12:19 PM
    Kudos to person who started this thread. A Brilliant Idea..Minimally, even if it helps few hundred people in couple of years, this is more than worth. I will send mails. Thanks for your untiring efforts in the face of adversity..


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  • vamsi_poondla
    02-14 01:54 PM
    I am willing to contribute $10 to get solid legal advice on this and I am willing to contribute a lot more in a lawsuit IF and ONLY IF there is a strong legal basis for it.

    I appreciate IV for its efforts. Happy V'Day.
    I will contribute for legal advice if some leaders for this initiative steps forward with firm commitment. It may sound silly to put conditions like this. But if such a big movement is here in making all of us excited about the prospect of having a law suit, then it is a responsibility of those who initiated this thread to lead this effort forward.

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  • lonedesi
    09-23 12:29 PM
    they are still doing it.. as far as i know.. great rates too... the only complain i have with them is that they are SLOW.

    Can any of us join this credit union? It appears that one needs to satisfy any one of the 6 requirements (being related to US military) to be able to open an account with penfed. Please let us know if otherwise.


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  • mirage
    04-16 12:42 PM
    Ultimately everything boils down to corruption. Huge money is going down in the pockets of big media houses, it is so damn obvious...Hindustan times, IBN & NDTV carried pictures of Priyanka Gandhi's children for 3 days on the front page, I never saw pictures or anything on Chandrababu Naidu, Yedirappa, Badal, Gehlot, Shivraj Chauhan or for that reason anybody....these kids are more important than our grassroot leaders ? The family is talking about "Rahul kee Shaadee" and the whole media is printing that, nobody's asking them where were you and what you did in last 5 years ???

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  • _TrueFacts
    09-04 08:06 PM

    Yesterday too, you put a similar message to me

    Shame on you for posting such kind of messages on a member. You seem to be a religious fanatic, no different than that dead thug YSR. That is the reason you are supporting him.


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  • venetian
    05-12 10:11 PM
    Just a few...

    Sellapan Ramanathan - President of Singapore
    Sir Veerasamy Ringadoo, ex-President of Mauritius
    Ariranga Govindasamy Pillay - ex-Chief Justice of Mauritius
    Angidi Verriah Chettiar - ex-Vice President of Mauritius
    Subrahmanyan Chandrasekhar - Nobel Laureate and University of Chicago professor.
    Navanethem Pillay - United Nations High Commissioner for Human Rights (originally from South Africa.)
    James Appathurai -NATO Spokesman (from canada)
    Lakshmi Sahgal - Freedom fighter settled in Kanpur
    Tun V.T. Sambanthan - One of the founding father of modern Malaysia
    S Jayakumar, Deputy Prime Minister, Singapore.
    Tharman Shanmugaratnam, Minister of Education, Singapore.
    Vivian Balakrishnan, Minister in, Singapore.
    S Rajaratnam, ex-Deputy Prime Minister, Singapore.
    S Dhanabalan, ex-Minister, Singapore.
    Radhakrishna Padayachi, Minister in Republic of South Africa.
    Gunasagaran Gounder, Fiji politician
    Perumal Mupnar, Fiji politician
    Aruna Roy - head of Mazdoor Kisan Shakti Sangathana, Rajastan
    R. K. Laxman & R. K. Narayan, lived in Karnataka

    I did not include Sri Lankan Tamil politicians or sports persons.

    I can go on and on...

    Again, do some research before commenting



    I was not responding to the Sri Lankan issue - please don't read it as such. As I said, my comment was tangential to the discussion thread. I was just writing about my observation of the behavior and attitude of Tamils in general in India.


    Your point about MGR/Jayalalitha/Rajanikanth just proves my point. These people migrated to Tamil Nadu, made it their home and 'assimilated' by learning Tamil and considering themselves Tamil and showing their love for Tamil - they did not become famous in TN by propagating Telugu/Malayalam/Kannada. Now, if only you could provide some examples of the other way around - Tamils who migrated elsewhere and who made the host cultures proud. Can you?

    There definitely are Telugu/Malayalam/Kannada natives in TN - but without exception, they have 'Tamilized' themselves to a great extent to live a normal life. Is the converse true?

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  • venky321
    01-13 05:42 PM
    Interesting. I think there would probably be around maybe half a million or so H1Bs currently in the US, probably more , working in the IT industry. Many if not most would work for these consulting companies; ranging from the large one's like Accenture or TCS to the grocery store offices in NJ. All of them have the potential to be affected if this memo is strictly enforced.

    While I would be glad if all the shady consultancy firms that have wrecked the H1B program to be put out of business; there might be serious disruptions in the IT industry if hundreds of thousands of workers are going to be forced out; even if in a phased manner; i.e. letting folks stay till their current visas expire.


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  • alkg
    09-23 08:50 PM
    good one

    but............................................... .........................

    after seeing the worst economic conditions, are they really going to distribute GCs to give a ray of hope to this weakened economy........?????????

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  • johnmcdonald98
    03-26 06:47 PM
    And does this mean that this law will definitely change, or is it still possible that vested interests may still keep substition alive?

    I want to know this too... What's the rough estimate, how long will it take before this will be come LAW?



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  • gapala
    08-18 09:41 PM
    I usually just browse through these forums and I really appreciate the effort put in by the organizers. But this thread gave me an urge to respond and perhaps talk.

    First of all, SRK is just a normal human, not a God. The TSA has even questioned many American celebrities. SRK is just a guy with Khan as last name. TSA is not going to take chances and will make sure they do what is needed to protect America. And SRK probably acted like a monkey again and annoyed the TSA guys so they held him up for 2 hours. OK, just kidding. But thing is, Indian government if anything should take a lesson from it. In india if you are SRK or Sanjay Dutt, there are no lines for you..any where. Indians should get angry at that, not this that just happened in the USA. And for God's sake, why would you even want to sympathesize with a character like SRK who has destroyed the indian movie industry?

    Now don't tell me I am a traitor. I love India, I love America. I live in America because I like living in America and I have gotten used to the comfort and lifestyle. This doesnt mean that I hate India.

    And to the guy who thinks that americasn think Indians are slumdogs or thrid class citizens...please go to india and free up the line for the rest of us. Its your belief that they think you are a slumdog. Perhaps you come across that way to them. Indians are more notorious when it comes to "grading" people based on their color or status and if a few rednecks in America did this to you, don't stereotype the entire country.

    Enjoy the life. Life is good. In America and in India. Long wait for the GC? Yes it is a b**ch, but why have you rest your entire life on a decision by USCIS. Enjoy and take risks and blow your money on good things in life...even if you dont get the GC, on your flight back to India you will at least be proud of the fact that you enjoyed your stay in America. Go out, meet people, meet beautiful girls, eat good food, drink whiskey, watch movies, go many things to do guys. And if you dont get the GC, tell your friends and family about the stuff you did in America.

    Don't ever be that Indian guy in the office. Be a smart global citizen.

    Oh... finally!
    Welcome to IV
    There is nothing special that you have written up there in your post. This is just normal stuff that most EB folks on this forum does. Why do you have to write such obvious things? You may agree or disagree with member's opinion but its sounds very naive to preach to this community about normal life.

    Its apparent from post that you think the members other than yourself live a lower than average life? :D I guess you are mistaken.. Keep reading posts and you will eventually get to know better..

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  • acecupid
    08-20 08:31 PM
    Heat on SRK was because of scanner on Bollywood shows - US - World - NEWS - The Times of India (

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  • Macaca
    07-04 09:19 AM
     Age out situations with children
     Once a child turns 21 he/she can no longer be filed with the primary applicant. However, once the I485 is filed with USCIS the child is regarded as "safe" regardless of how long the USCIS takes to adjudicate the I485.

    I have that very situation. My son turn 21 in mid-January 2008.

    This is a HUGE issue if it is true. Can we verify it preferably with a URL?

    This is what I meant when I said that we should identify all the issues and worry about english later. BTW, this is what is taught in a writing course: outline first, english later.

    I have scanned most of the letters posted in thread. I will carefully scan them again and add their issues to my skelton.

    Most of the letters are missing or not stressing some HUGE points like above. These HUGE points are bold faced in the articles I post. Editorials have a lot of these so called punch lines.

    09-23 04:35 PM
    One thing, assume if it works out and 50% of the people are able to buy houses and get the GC, they are out of the queue right, so automatically the back logs are gone and the remaining people not able to buy the house will get benifited.

    I am waiting for my GC to buy a house.

    02-13 11:53 AM
    I am also with you guys.