Saturday, July 2, 2011

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  • jetguy777
    07-29 12:16 PM
    This is Ron Gotcher's view. I am not advocating his position just posting for the benefit of IV members who may have not read his post regarding forward movement in EB2-India.

    Some thoughts on India E2 movement over the next two months.

    More and more, I see people posting messages containing the unspoken assumption that since the Indian E2 cutoff date has moved forward, it is likely to move forward further in the coming months. This is a false hope.

    Even with a cutoff date in early 2003, the CIS has sufficient inventory of Indian E2 adjustments on file to use up the remaining inventory of E2 visas for this fiscal year. The reason that the Visa Office advanced the priority date is to move it up to the point where overseas consular posts can take up the slack left by the CIS's inability to close out enough cases and avoid wasting visas this year.

    The CIS inventory of pending cases is massive. If there were no quota at all - if everyone were suddenly "current" - and no new cases were filed after today, it would still take the CIS four to five years to close out all of the pending cases that they already have in their inventory.

    Overseas consular posts maintain inventories of cases as well. When the priority date for a particular case starts to edge forward and it appears that the applicant may become "current' in the not too distant future, the applicant is told to submit all required supporting documents to the post or the NVC. When this is done, the applicant is reported to the Visa Office as being "documentarily qualified." This means that the case is in a position where an immigrant visa can be issued to the applicant as soon as a visa number becomes available.

    The inventory of documentarily qualified cases with current priority dates at a consular post never exceeds that post's ability to process all such cases within sixty days. Consular posts have very high bandwidth processing capabilities. No matter how many cases become current, they are able to process all of them within sixty days.

    The reason that the Indian E2 cutoff date has moved forward is that the Visa Office fears that the CIS will not be able to adjudicate enough adjustment of status applications to exhaust the annual quota. They have advanced the cutoff date in order to make more cases overseas eligible for final processing.

    This means that overseas consular posts have exhausted their inventories of Indian E2 cases with priority dates earlier than 2006 and the Visa Office had to move the cutoff date forward in order to make more cases eligible to be closed out.

    This does not mean that the CIS has closed out all of the pre-2006 cases pending in their inventory. Far from it. When the new fiscal year starts, Indian E2 is likely to retrogress back to late 2002 or early 2003. This is roughly the point reached by the CIS in processing their inventory of pending cases.

    Please understand that this is a temporary phenomenon and due entirely to the difference in the processing capabilities of the CIS and the overseas consular posts.

    I hope this clarifies matters.





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  • immigrationmatters30
    07-16 08:39 PM
    ThanksGC for the reply,but what if by the time I apply for labor, I enter 6th year and if assuming labor is approved in 6 months, can I use PD from the previous employer to extend beyond 6th year. I am asking because I was under the impression, I cannot extend my H1 if I file labour in 6th year( it has to happen before I reach 6th year).But in my case I have approved labor with PD before I reach 6th year but from different employer.

    In short,Can I apply for one year extention based on my labor PD from different employer even if I file new labor from new employer after entering 6th year.


    I-140 IS NOT PORTABLE. PD is portable.
    You can get 7th year extension to your H1 transfer to caompany B based on your I-140 approval from previous compnay. You have to file new LC and I-140 from your new company and while filing I-140, you port your old PD by providing your old I-140.





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  • sidbee
    02-15 03:50 PM
    Have you checked the latest news about USCIS Ombudsman's Mr. ? Here I am not talking on the behalf of senior members, if some leaders come forward, make efforts to sue USCIS, I don't doubt about the moral support from entire IV community including senior members.

    Once it is law suit, USCIS is the system since it is what created this wastage of visa numbers.

    Yup, the news about Mr 's resignation is unfortunate.

    The case should be drafted in such a way that it shoud try to recapture the visa number , and not blaming USCIS for it. i agree its the USCIS fault , wasting the immigrant visas, but even if USCIS wants it can not recapture those numbers , because there is law which stops USCIS from doing that , We need to file a lawsuit to change that law.





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  • chanduv23
    08-15 11:39 PM
    Wow what a good definition for a terrorist...can we let him go free? Ask the people who lost their loved ones. Try the same with Soudi Arabia or anyother Arab countries.

    Yes, ofcourse he is a demon. There are hundereds of thousands of people are dying without food. Not everyone is taking the arms and killing innocent people. He is a fanatic. He deserves nothing less than death. He should be cut into pieces and should be a lesson for other terrorist.

    Ok, if Kasab is cut into pieces - it does not help in anyway. Kasab is a "reqruit" and personally does not have a give/take on this.



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  • EndlessWait
    10-07 06:36 PM
    lets get the message to congress!





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  • Macaca
    02-19 10:42 AM
    The following is from CNBC discussion on Friday.

    Richard Dekaser, Chief Economist of National City and Stuart Anderson from National Foundation for American Policy were interviewed.

    The topic was, is there really a "Skill Shortage or Pay Shortage".

    But Richard also said that US Immigration policy needs to be reexamined as it is more oriented towards family reunification which holds them people with less skills. 20-30 yrs ago we had criteria that reqd immigrants to meet a certain educational threshold. And as we are seeing increased need for talent in this country, we need to re-examine that aspect of immi policy and untill then we are gonna see this problem continue."



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  • belmontboy
    05-29 06:37 PM
    I have been saying this for the past one year, let us forget everything else, let us not come up with new rules or ideas or suggestions (new quotas, fraud detection, sue USCIS fund, exteneded APs etc). Focus all our energies on the one issue that will help everyone from all affected countries....Recapture of Unused Visas.

    Recapture campaign will not divide us in EB 1 Vs 2 Vs 3 or countries. Over the past year a number of people have quit because of the bickering.
    Recapture has a precedent because it was approved by Clinton earlier.
    Recapture is free of country caps and it does not affect the existing visas. Murthy's article mentions that 120k are stuck in limbo and we know that there are around 400k visas available...i dont know what more motivation people need to fight for this issues.

    On our own each one of us can do the following:
    a) Try to arrange a meeting with your congressman and senators
    b) write a letter to all members of the Judicary committee

    after that do whatever IV tells you to do

    If its recapture, then so be it.
    BTW, 120k is just indians. What about chinese, mexicans??

    instead of try on our own, why don't we group ourselves - as someone suggested 100-150 should be good enough.
    Lets group and mail president, chief of staff, your local senator, and few others (who favor legal immigration).

    can some good english pundits draw a sample letter highlighting our cause and need for visa recapture?

    Also lets have a poll and get list of participants.

    The plan shall be mail one letter to each every week. All it would cost you is a printout, an envelope, a 42cents stamp and 5 minutes. Its not too much asking though

    Any body has better suggestions?





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  • smisachu
    06-16 03:22 PM
    Dear fellow. There are various types of population segregation. If you set a high bench mark then only those capable of achieving it will come in. But in the US immigration system, the bench mark is set low and after gathering the population they are just making the flow a trickle. This is like collecting dirty water in a barrel and turning the tap to a trickle to filter impurities. If you want to filter impurities put a filter before the water enters the barrel.

    That is not the way to filter. If they need a stricter way to filter they should mandate that (this is just a hypothetical suggestion):

    EB1- Only PhD�s period.
    EB2A- People with Masters from US universities (STEM+MBA)
    EB2B- people with Masters from other countries (STEM+MBA)
    EB3A- People with Bachelors in STEM
    EB3B- People with Bachelors (Others), and so on.

    Mind you I am not professing that a masters from a US university is any better than one from say an Indian university. I have studied both places and I will tell you that the level of education in India is so much superior to what we get in US.

    Right now you have IT guys going in to EB1 claiming to be multinational executives and getting GC. While people with Masters from US universities are waiting in EB2. Since the USCIS screwed up from the get go, the least they can do is to do a visa re capture so that visas that were mandated for EB immigration but were wasted are rightfully used for us. At least this way they will let in some good stuff . Some of the bad stuff will creep in but it is a casualty of war (or stupidity in this case).

    By the way I don�t think that they are trying to filter at all. They have just screwed up.


    I hope that you are more qualified than I am and I am not going to waste your time or my time contesting it. However, you could be a little more humble. I would also like to point out that your high qualifications may be failing you in your critical and deductive reasoning. Refer to the highlighted portion of your quote. If I may reason on an analogous note, you are saying that the current IIT JEE examination lets in a few people who aren't qualified. So by making the examination more tougher, it has more chances of letting in unqualified people. Needless to say, I am stumped.



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  • BharatPremi
    07-26 04:01 PM
    So why are you here in the first place? Why in US? Why applying for GC? Why on IV to try to improve this broken system? Face the fact, you too dont want to return or else you wouldnt be here.

    There is no harm in being selfish and persuing a better life. "Do something good for India" is an ideal punch line for preachers. BUT Be realistic.

    Rongha_2000,

    Hypothetically speaking let's say if USA decides not to take you in permanently what will you do?:D





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  • JunRN
    05-29 11:30 AM
    1] To date there are 60K EB2I and another 60K EB3I I-485 applictaions pending.
    2] 3.2K visas were available for EB2I for FY2009.

    Assuming 3.2K visas are available every year from now on, it will take 60/3.2=18.75 years for all EB2I applicants upto today to be granted GC.

    Unbelievable!

    I think you have not yet included those doing Consular Processing in your computation. CP accounts for about 20% of total usage.



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  • sumagiri
    07-23 02:07 PM
    that EB3 quota has been used up for this fiscal and will re-open in October only. I assume you're wondering whether some FB spill over would go to EB3. If that's the case they wouldn't have announced EB3 quota is over.

    Legal, Thanks again. Also that is where exactly is the contradiction in analysis.

    In my understanding, they must apply any spill over to EB3 too. EB3 gets 28.6% of total quota (Including spill overs). If some one is sure that it is not the case, please correct me.

    If spill over was already applied and if EB3 will not open up again, then EB3 already got its share of spill over and EB2 also used up some part of that spill over, so only part of that spill over is left for the 2 months.

    If spill over is not applied yet, then EB3 should get 28.6% of what ever is spilled over to total EB quota. Hence EB3 should open up again.

    Please note that I am not making this complex. I am only pointing at complexities.





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  • rahulpaper
    06-26 01:39 PM
    Read in the middle of the page....

    "Though the principal employment-based categories are current for July, future retrogression is possible later this fiscal year, particularly if demand for immigrant visas increases substantially. Visa numbers can retrogress in the middle of a month and become unavailable without prior notice. If there is a mid-month retrogression, USCIS could elect to stop accepting adjustment applications. While this is unlikely to occur in July 2007, it becomes more and more possible as the fiscal year progresse"

    Hope this help

    http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/8d3d061006d75c47852572ff00687697?OpenDocument



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  • hiralal
    05-31 12:51 AM
    I agree but complete removal of county quota is almost impossible ...diversity is just a name !!! US political system in super advanced in many ways(US contitution was written centuries ago and is much better than Indian ..remember the foreigner becoming PM issue and multi party mess that India has) ..my guess would be that country quota limits were introduced to prevent one country nationals from becoming a eventual majority . ofcourse the migration from south Am is another issue)
    and hence a better bet would be recapture ..





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  • samay
    07-15 05:36 PM
    I have a general question on an option in case of I-485 denial. I know that if underlying I-140 gets denied, I-485 is also denied. My question : is the vice versa true. ? If I-485 gets denied, will I-140 also gets denied.?

    If I-485 is denied (AC21 issue for example), can an applicant choose Consular processing on existing I-140, assuming that it is not revoked? Just like if COS is not granted, applicant leaves country and goes to consulate for stamping ?

    I do not know the specific facts of your case but the denial of I-485 can be appealed successfully. Therefore if your I-485 gets denied your underlying I-140 does not get denied.



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  • file485
    02-06 12:55 PM
    for the cases in pipeline nothing can be done..they r just saved...but now atleast people will step back to buy LCs approved...and consulting companies wont file file LCs in the hundreds...

    USCIS dint know about the desi consulting companies r the kind 'if we give them place at the feet...they r ready to cut the throat...!'

    they shud have done it long ago...Anyway better late than never....!!





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  • hazishak
    02-15 10:52 PM
    America is about freedom and liberty and is a law abiding country. Country caps is discrimination with people of two countries which have almost half of the population in the world. I am not saying increase visas for India or China. I am only saying increase the total number of visas and then make the system FIFO so that every skilled person in this world have same access to immigration.

    There is rules in every where in our daily life isn't there? You cant not sucide even if you want to.



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  • Rohan99
    07-27 04:33 PM
    I think Kushal went to check which 1099 form to fill.... looks like platinum- amway joker told him only the 1st four digits.

    Someone in this thread was saying about Indians landing in USA for the first time were taken immediately to Amway meetings ....that is true

    It happened to me and my roommate within one month of landing. I didn't knew driving nor did my roommate and 2 amway jokers (from same company where i worked) came and took as to the meeting under the pretext of showing us places in US. Once I reached to their meeting place in some hotel, I thought it must be genuine/good business because hotel (I think it was Marriott) was so good (first time to hotel outside india ). Then the presentation started and I could see only Indians, soon after presentation was over other jokers started approaching as but they could hardly speak English, this raised alarm and my roommate said to me how can such people do business when they cannot speak also and we noticed lots of people from one particular part of India. After this we decided to leave but it was hard ...because we had no car and it was very cold outside (8pm) and joker tried to force us to sign the membership else ....indirectly meant you go home alone.... but we didn't sign told him that we will do it latter and since he was from our office he had to drop us back home but after looong--looong wait.

    I want some Amway Joker to say that they don't do this kind of cheap and dirty things...... if you make so much money then why bother others.






    Did he run away with tail between his legs.





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  • _TrueFacts
    09-04 06:19 PM
    Now I think new people are running IV.
    Aman Kapoor (Walden Pond) is not controlling now. That is the reason these idiots have got the admin previlages. Now they do nothing worthwhile. Bunch of jockers.

    dealsnet,

    Don�t assume that things will work like they work in YSR regime.

    If you think that, the discussion does not make any sense to you then keep away. You are assuming that IMV has compromised security. FYI, this is not a YSR forum, nor it his jagir to do a security compromise.





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  • eb3retro
    07-27 08:55 AM
    hang on, I have heard these words somewhere? Let me think which walmart / indian temple? This thread really bothers you guys eh??

    I am not with Amway or Quixtar but I think the folks with Amway/Quixtar are under represented on this thread and it's not fair :-)

    Just to add another dimention to this thread I will play the devil's advocate :D

    Here I go ...

    You guys are all wasting your free time bitching on this thread where as we are spending all our free time growing our business. We will retire early as we would make $xxxx/month for nothing when we turn 40 and dont need to work anymore where as all you guys bitching about Amway / Quixtar will still be working hard at your jobs till 60.

    What's your response ?

    :D:D:D:D

    When did talking to strangers a crime. If you dont like you can always say no :-) . If you are as ambitious as us come join us and make millions by 40. Otherwise live your fixed income lives .

    I wont be offended as I am not with Amway/Quixtar I am just posting on behalf of them for fun :-)





    bestia
    02-16 04:40 AM
    Guys, let's straigthen one thing out. I have heard here things like "flooded the market" or "why 90% of company are people of certain nationality". Well.. It's a very natural process, and it happened, happens, and will happen, and it's normal. Look at this scenario. Not to touch any nation, I would use Krakozhia as example.

    Suppose you are from Krakozhia, you are pursuing American Dream, you found clients, you secured some funds and you are ready to open up a business and do something. Now you need people, you have two places to look up: American or foreign. Looking employee in the US is extremely expensive and risky business. 4 out 5 candidates will have no clue what's written in their resumes, will not want to work for you, will chill 2-3 months until you fire them, will be doing only one thing - sending resumes for a new job with better salary. Trying to hire Americans without good HR will lead your business to the dead end.

    So you will look into foreign market. Where? Are you gonna go to China/Russia/India? Where you don't speak their language? Don't know local specifics? Of course you will go to your "Krakozhia", where you know people, where you know universities, and what kinda people graduate from where. So you will build a team and bring here - start working. Here is another fact - about 80% of jobs in the US people get through references. Yes, companies prefer to hire friends of employees, because they don't have to spend resources filtering people from the street. "Are you sure he is a right guy for the job?" - that's it, the guy gets hired. So, your first team will bring their friends/relatives - all "Krakozhians". And from the business point of view - it's the best way. It's not racism, not discrimination, not invasion - just business. You are just doing what is best for your business... business doesn't have races or ethnics groups. And btw, CEO is REQUIRED BY LAW to maximize profits. If hiring foreigner will be more profitable, then you are required in front of your shareholders to do so.

    Only when the company will grow large, have good HR - then the company can afford hiring everybody from everywhere. And US government knows and accepts that, and it's happened in the US history many times. 100/200 years ago there were Irish, German shops. 80 years ago there were Italian shops. Nothing horrible happened, they all eventually melted. I don't see anything wrong that there are Indian or Jewish, or Russian shops. They will eventually melt in and become regular American companies.





    nozerd
    03-19 05:36 PM
    You would be taking a big chance if you are out for more than 3 out of the 5 yrs. They will still allow you to enter but ask you to go for immigration hearing and then its up to the judge.
    Instead why dont you do this
    1) Start building Canadian resume, get a canadian number and address and start sending resumes.

    2) If there is interview go attend the interview

    or
    3) Take your annual vacation gothere for 3 weeks-1 month and see if you can make inroads.