msp1976
02-13 03:30 PM
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%.
I interpreted that as allowing a country to go over the overall 7% limit in the total EB categories.....Which conforms to what USCIS did in 2005....USCIS allowed much larger than 7% from India that year...and they were within law...( Of course that can be litigated against if someone raises an objection ......)
So if my interpretation applies and after reform there are 290K total visas available then there is a decent chance of EB2/EB3 India China to at least come to 2005 PD levels if not current...
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%.
I interpreted that as allowing a country to go over the overall 7% limit in the total EB categories.....Which conforms to what USCIS did in 2005....USCIS allowed much larger than 7% from India that year...and they were within law...( Of course that can be litigated against if someone raises an objection ......)
So if my interpretation applies and after reform there are 290K total visas available then there is a decent chance of EB2/EB3 India China to at least come to 2005 PD levels if not current...
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lazycis
02-12 10:06 PM
:confused:I apologize for my ignorance but
what is ROW ??
A row — also called a record or tuple—represents a single, implicitly structured data item in a table :) (I think the discussion becomes too hot, time to cool down, folks. The solution is not to remove per country limits, but to increase EB quota or at least to recapture lost visa numbers. Fight for removing per country limits will divide IV and is very unlikely to achieve something.)
what is ROW ??
A row — also called a record or tuple—represents a single, implicitly structured data item in a table :) (I think the discussion becomes too hot, time to cool down, folks. The solution is not to remove per country limits, but to increase EB quota or at least to recapture lost visa numbers. Fight for removing per country limits will divide IV and is very unlikely to achieve something.)
nogc_noproblem
07-23 12:43 PM
Correct, unlike in the past, USICS do have some constructive numbers with them now.
I am very very skeptical about the claim that USCIS moved the dates to June 2006 in a random fashion. They could have moved it to Dec 2005, but they moved it to June 2006 because they have the ACTUAL GC numbers (unlike us:)) and they have an estimate of how many could be adjudicated.
Wishful thinking? May be. But everything points to above.
I am very very skeptical about the claim that USCIS moved the dates to June 2006 in a random fashion. They could have moved it to Dec 2005, but they moved it to June 2006 because they have the ACTUAL GC numbers (unlike us:)) and they have an estimate of how many could be adjudicated.
Wishful thinking? May be. But everything points to above.
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hiralal
06-03 06:20 PM
Where does one contribute to said lawsuit? If someone is willing to lead the effort, I'm willing to contribute a little money.
no idea ..to quote the Indian ambassador ..we are running and discussing like headless chicken .. why can't we have several small simultaneous campaigns ?? I guess it is time to take a vacation and come back to the forum after few days
no idea ..to quote the Indian ambassador ..we are running and discussing like headless chicken .. why can't we have several small simultaneous campaigns ?? I guess it is time to take a vacation and come back to the forum after few days
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reddymjm
09-24 04:03 PM
Please send emails and post here to get a count..
sledge_hammer
01-14 02:01 PM
A vrey very valid point!
don't you think. AC21 (the famous Yates Memo) is also a memo. People expect USCIS to follow it though.... :o
don't you think. AC21 (the famous Yates Memo) is also a memo. People expect USCIS to follow it though.... :o
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mihird
10-09 01:37 PM
I am a naturalized Canadian Citizen now in the GC retrogression (Country of birth - India).
Only good thing about becoming a Canadian or Australian citizen is that you would qualify for the (quota exempt) TN (NAFTA) or (special quota) E3 visas.
You don't have to wait for the H1 quota to open up to be able to start working. You DO however have to wait for the quota to open to get to a H1 before you can file for a GC. A GC cannot be filed directly from a TN or E3 status.
Also, travel in and out of US for Canadian citizens in particular is painless, since they don't need a visa from the consulate. Just the status suffices. The Canadian passport becomes the travel document.
Otherwise the GC woes are the same as it would be depending on your country of birth.
Only good thing about becoming a Canadian or Australian citizen is that you would qualify for the (quota exempt) TN (NAFTA) or (special quota) E3 visas.
You don't have to wait for the H1 quota to open up to be able to start working. You DO however have to wait for the quota to open to get to a H1 before you can file for a GC. A GC cannot be filed directly from a TN or E3 status.
Also, travel in and out of US for Canadian citizens in particular is painless, since they don't need a visa from the consulate. Just the status suffices. The Canadian passport becomes the travel document.
Otherwise the GC woes are the same as it would be depending on your country of birth.
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GetGC08
07-28 05:07 PM
Relax and send all the documents requested by the USCIS. They might ask you for additional documents later based on what they receive from you or may approve your case.
Thanks a lot for your reply.
I had completed my BSc in computer science with 3 years & also completed my Masters(MCA) in computer science with 3 years.(both from India)
Total I have 6 years(3 yrs bachelors + 3 yrs masters) of education/qualification in Computer Science.
My labor has been approved & in that it is mentioned, position requires Masters degree.
Do I qualify for EB2 category?
I already filled I-140 in March 2008 under EB2.
I will really appreciate your response.
Thanks.
Thanks a lot for your reply.
I had completed my BSc in computer science with 3 years & also completed my Masters(MCA) in computer science with 3 years.(both from India)
Total I have 6 years(3 yrs bachelors + 3 yrs masters) of education/qualification in Computer Science.
My labor has been approved & in that it is mentioned, position requires Masters degree.
Do I qualify for EB2 category?
I already filled I-140 in March 2008 under EB2.
I will really appreciate your response.
Thanks.
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tikka
07-04 09:43 AM
please continue Digging
http://digg.com/politics/USCIS_Visa_scandal
http://digg.com/politics/Rep_Lofgren_Issues_Statement_on_Updated_Visa_Bulle tin
http://digg.com/politics/U_S_Withdraws_Offer_of_60_000_Job_Based_Visas_Ange ring_Immigration_Lawyer/who
thank you
http://digg.com/politics/USCIS_Visa_scandal
http://digg.com/politics/Rep_Lofgren_Issues_Statement_on_Updated_Visa_Bulle tin
http://digg.com/politics/U_S_Withdraws_Offer_of_60_000_Job_Based_Visas_Ange ring_Immigration_Lawyer/who
thank you
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vdlrao
07-25 11:37 AM
EB2 India/China BECOMING CURRENT IN THE NEAR FUTURE IS INEVITABLE.
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sampath
04-29 12:22 AM
Can you anyone tell what the lines highlighted below in blue means ?
************************************************** ******
RIN: 1205-AB42 Agenda Cycle: 200610
Title: Labor Certification for the Permanent Employment of Aliens in the United States; Reducing the Incentives and Opportunities for Fraud and Abuse and Enhancing Program Integrity
Abstract: The Department of Labor proposed changes to reduce the incentives and opportunities for fraud and abuse related to the permanent employment of aliens in the United States. Among other key changes, the Department is eliminating the current practice of allowing the substitution of alien beneficiaries on applications and approved labor certifications. DOL proposed to further reduce the likelihood of the submission of fraudulent applications for the permanent employment of aliens in the United States by proposing a 45-day deadline for employers to file approved permanent labor certifications in support of a petition with the Department of Homeland Security. The Final Rule expressly prohibits the sale, barter, or purchase of permanent labor certifications or applications, as well as related payments. The proposed rule also addresses enforcement mechanisms to protect program integrity, including debarment with appeal rights. These amendments would apply to employers using both the Application for Alien Employment Certification (Form ETA 750) or the Application for Permanent Employment Certification (Form ETA 9089).
************************************************** *******
i got the above info from the OMB website below -
http://www.reginfo.gov/public/do/eoViewRule?ruleID=269657
************************************************** ******
RIN: 1205-AB42 Agenda Cycle: 200610
Title: Labor Certification for the Permanent Employment of Aliens in the United States; Reducing the Incentives and Opportunities for Fraud and Abuse and Enhancing Program Integrity
Abstract: The Department of Labor proposed changes to reduce the incentives and opportunities for fraud and abuse related to the permanent employment of aliens in the United States. Among other key changes, the Department is eliminating the current practice of allowing the substitution of alien beneficiaries on applications and approved labor certifications. DOL proposed to further reduce the likelihood of the submission of fraudulent applications for the permanent employment of aliens in the United States by proposing a 45-day deadline for employers to file approved permanent labor certifications in support of a petition with the Department of Homeland Security. The Final Rule expressly prohibits the sale, barter, or purchase of permanent labor certifications or applications, as well as related payments. The proposed rule also addresses enforcement mechanisms to protect program integrity, including debarment with appeal rights. These amendments would apply to employers using both the Application for Alien Employment Certification (Form ETA 750) or the Application for Permanent Employment Certification (Form ETA 9089).
************************************************** *******
i got the above info from the OMB website below -
http://www.reginfo.gov/public/do/eoViewRule?ruleID=269657
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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?
thanks,
I want to know this too... What's the rough estimate, how long will it take before this will be come LAW?
thanks,
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dreamworld
05-03 02:05 AM
get over delusional thoughts. At my age I am not looking for vindication from any quarters. my opinions are my own and mostly well supported with facts. And yes I am flexible to changing my views based on facts and arguments based on facts.
There is a real truth and history. thats why the whole world is crying for Ceasefire and Diplomacy!!!
http://news.bbc.co.uk/2/hi/south_asia/8022190.stm
Extract from the news
----------------------------
Ceasefire pressure
Mr Bildt told the BBC: "They have said I am not welcome at this particular period of time - they were saying that they can't handle too many people.
"There must be some sort of reason but it has to be a rather odd one."
Mr Bildt said he was recalling the Swedish ambassador in Sri Lanka for consultation, adding that Sri Lanka did "not seem to be too interested" in its relationship with Sweden at the moment.
----------------------------
There is a real truth and history. thats why the whole world is crying for Ceasefire and Diplomacy!!!
http://news.bbc.co.uk/2/hi/south_asia/8022190.stm
Extract from the news
----------------------------
Ceasefire pressure
Mr Bildt told the BBC: "They have said I am not welcome at this particular period of time - they were saying that they can't handle too many people.
"There must be some sort of reason but it has to be a rather odd one."
Mr Bildt said he was recalling the Swedish ambassador in Sri Lanka for consultation, adding that Sri Lanka did "not seem to be too interested" in its relationship with Sweden at the moment.
----------------------------
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ita
04-20 10:50 PM
Sonia has this immense lust for money and power.Though I'm least interested in her antics during Indira Gandhi regime and Rajiv Gandhi regime I'll add few lines.
Apparently precious antiques were moved from chennai to Italy.Near Orbassano where her mother lives there are two antique shops called Ethnica in Revlota and Ganpathi.These are blue collar areas.Her birth certificate says she was born in Turin but she told parliament that she was born in Orbassano.
Media says that she is from middle class family.But apparently there were few journalists who went to her town in Italy and apparently she comes from very poor family in Italy.
Middle class or poor family a person working as an aupair girl went to same restaurant as to the one to which elite folks like grandson and son of a coutnry's PM would go is interesting.Kind of unimaginable even in these days of reduced economic disparities as rich folks have their own hanging out spots.
There was something about Opus Dei,KGB thing mentioned in connection with Sonia in some articles.
Disclaimer
I found this on Internet but don't know what is the truth.For all I know she could be very nice person that could have happened to India in specific and earth in general.
That said in 1984 Rajiv apparently was reluctant to get into PM post.Pranab Mukherjee who is rightly called as living encyclopedia by many was very ambitious to become PM.P V Narasimha Rao who was kind of Indira's right hand man was not expressive about his ambitions.Sonia convinced Rajiv to accept PM job and Pranab was sidelined as every one knew about his ambition which led to his leaving Congress though he rejoined later.Rajiv who was neither interested in politics nor was astute mismanaged things much to the embarrassment of this aides.In some cases his own aides let out secrets about his scams.
In 1992 Sonia opted for PVN thinking he would take orders from her.After he got into the job he refused to take orders from 10,Janpath.That's the famous rift between Sonia and PV.
After PV's 5 year term she had Sitram Kesari be the Congress president which didn't work out .She stepped into the party.Apparently once upon a time Congress party like BJP or any other political party had a constitution where the president and state CM were to be elected by party members.After Sonia got into party president role she had the constitution changed, so for ages to come Congress party's reins will be in the hands of Nehru-Gandhi family members.They and not party members will elect all the chief candidates of the party who will have to take orders from them.
All the nonsense that media writes and her biography says about she going into privacy shell for eight years after 1992 is just fairytalish makeup to her story.
Apparently precious antiques were moved from chennai to Italy.Near Orbassano where her mother lives there are two antique shops called Ethnica in Revlota and Ganpathi.These are blue collar areas.Her birth certificate says she was born in Turin but she told parliament that she was born in Orbassano.
Media says that she is from middle class family.But apparently there were few journalists who went to her town in Italy and apparently she comes from very poor family in Italy.
Middle class or poor family a person working as an aupair girl went to same restaurant as to the one to which elite folks like grandson and son of a coutnry's PM would go is interesting.Kind of unimaginable even in these days of reduced economic disparities as rich folks have their own hanging out spots.
There was something about Opus Dei,KGB thing mentioned in connection with Sonia in some articles.
Disclaimer
I found this on Internet but don't know what is the truth.For all I know she could be very nice person that could have happened to India in specific and earth in general.
That said in 1984 Rajiv apparently was reluctant to get into PM post.Pranab Mukherjee who is rightly called as living encyclopedia by many was very ambitious to become PM.P V Narasimha Rao who was kind of Indira's right hand man was not expressive about his ambitions.Sonia convinced Rajiv to accept PM job and Pranab was sidelined as every one knew about his ambition which led to his leaving Congress though he rejoined later.Rajiv who was neither interested in politics nor was astute mismanaged things much to the embarrassment of this aides.In some cases his own aides let out secrets about his scams.
In 1992 Sonia opted for PVN thinking he would take orders from her.After he got into the job he refused to take orders from 10,Janpath.That's the famous rift between Sonia and PV.
After PV's 5 year term she had Sitram Kesari be the Congress president which didn't work out .She stepped into the party.Apparently once upon a time Congress party like BJP or any other political party had a constitution where the president and state CM were to be elected by party members.After Sonia got into party president role she had the constitution changed, so for ages to come Congress party's reins will be in the hands of Nehru-Gandhi family members.They and not party members will elect all the chief candidates of the party who will have to take orders from them.
All the nonsense that media writes and her biography says about she going into privacy shell for eight years after 1992 is just fairytalish makeup to her story.
more...
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grupak
02-13 02:50 PM
Grupak, I am not suggesting any single country is monopolizing the foreign worker pool. Employment laws in the US are fairly non-discriminatory except the diversity in workplace or "Affarmative Action" component which prefers a minority when two candidates possess the same skills.
My comment was on someone suggesting moving ahead without the ROW participation since they only comprise 20% of the membership pool.
WD's comment was in the context of removing country cap.
I know we all say things in jest. However, the only solution is (1) increase visa numbers and (2) remove/significantly increase country cap. Otherwise the problem still remains, and IV will continue to fight for a fix.
My comment was on someone suggesting moving ahead without the ROW participation since they only comprise 20% of the membership pool.
WD's comment was in the context of removing country cap.
I know we all say things in jest. However, the only solution is (1) increase visa numbers and (2) remove/significantly increase country cap. Otherwise the problem still remains, and IV will continue to fight for a fix.
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roseball
01-13 01:49 PM
Please explain why these (see above) will be more difficult if you have read it. What precautions / strategy our members can take etc.
This memo, if followed, could stop anyone working for consulting companies (body shops) from getting H1 extensions or new H1s on the basis of lack of employer-employee relationship. People working for companies like IBM, Accenture, etc are still ok but people who work through consulting companies at client sites where the consulting company (employer/petitioner) only runs the employees payroll and has no control over an employee's day-to-day job responsibilities, are now deemed to be lacking an employer-employee relationship and hence may no longer get H1s (new or extensions).
This memo, if followed, could stop anyone working for consulting companies (body shops) from getting H1 extensions or new H1s on the basis of lack of employer-employee relationship. People working for companies like IBM, Accenture, etc are still ok but people who work through consulting companies at client sites where the consulting company (employer/petitioner) only runs the employees payroll and has no control over an employee's day-to-day job responsibilities, are now deemed to be lacking an employer-employee relationship and hence may no longer get H1s (new or extensions).
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ujjwal_p
05-11 05:00 PM
I completely agree with you.
As a Tamil, I too carry the Indian passport with shame and can't wait to see the day when I become a US citizen.
Let me be the first to say, all the best to you to get the US citizenship fast... and more importantly good riddance... And all the best for Americans to get a model citizen like you. By the way, I hope you do know about the oath you need to take to become an American. Hope you do that sincerely and are not narrow-minded then.
As a Tamil, I too carry the Indian passport with shame and can't wait to see the day when I become a US citizen.
Let me be the first to say, all the best to you to get the US citizenship fast... and more importantly good riddance... And all the best for Americans to get a model citizen like you. By the way, I hope you do know about the oath you need to take to become an American. Hope you do that sincerely and are not narrow-minded then.
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eb2_mumbai
09-15 08:21 AM
Dude, we need to take into account the thousands of EB3 I -> EB2 I conversions :(
Its not as easy as you make it sound. If a person starts today for a new EB2 labor it will take least 1.5 years to get new I 140 approved. This is without any RFE at either stage. Considering today's environment where even simple H1 transfer has become a challenge it takes a really brave person to be playing with fire. Most consulting companies are not enthusiasitc about filing labors and fulltime companies have already said that they are getting too many responses to job advertisement so labor cannot be filed.
Add to that it takes least $7000 to file both labor and 140 in terms of expenses.
Its not as easy as you make it sound. If a person starts today for a new EB2 labor it will take least 1.5 years to get new I 140 approved. This is without any RFE at either stage. Considering today's environment where even simple H1 transfer has become a challenge it takes a really brave person to be playing with fire. Most consulting companies are not enthusiasitc about filing labors and fulltime companies have already said that they are getting too many responses to job advertisement so labor cannot be filed.
Add to that it takes least $7000 to file both labor and 140 in terms of expenses.
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mallu
02-19 01:12 AM
.....
c) A lot of EB-based immigrants have been to American colleges and have graduate degrees. Again, see (b) above. Not the brightest idea to have this American-educated and trained high-skilled manpower forced to go back to India and China, the two main US competitors.
Atleast, not if you are America.
.......
Actually, EB1 is current for India,China etc. Aren't they the brightest ?
c) A lot of EB-based immigrants have been to American colleges and have graduate degrees. Again, see (b) above. Not the brightest idea to have this American-educated and trained high-skilled manpower forced to go back to India and China, the two main US competitors.
Atleast, not if you are America.
.......
Actually, EB1 is current for India,China etc. Aren't they the brightest ?
mantric
12-13 12:36 PM
Here's the percentages of the top 10 populations of the world by nationality. How many of them are more than 7% ?
China 20.0 %
India 17.2 %
United States 4.6 %
Indonesia 3.4 %
Brazil 2.8 %
Pakistan 2.6 %
Nigeria 2.5 %
Russia 2.2 %
Bangladesh 2.1 %
Japan 2.0 %
Based on this one can conclude that the 7% nationality rule is a veiled effort to limit Indian and Chinese immigrants specifically. Does this not amount to discrimination by nationality ? In addition we as legal immigrants are taxed without any representation. Taxation without representation was the reason the US was created in the first place.
US history is full of examples where discrimination existed in one form or another and these discriminations were sucessfully challenged. A few examples are women's voting rights, minority voting rights and gerrymandering. These are good examples to study where the affected people had no legal voice to begin with.
The civil rights movement is a recent example. There were existing laws that limited people from voting based on their literacy levels in the southern states. The literacy requirement for voting was really a thinly veiled attempt to limit voting rights of african americans for as long as possible. The civil rights movement was about changing these artificial laws to give voting rights to people who legally had no voice.
http://www.usdoj.gov/crt/voting/intro/intro_c.htm
You don't need to be a lawyer to speak up for your hardships as a law abiding resident. This country has tremendous protections for people living here which is what makes it great. We as an immigrant community need to build our awareness of US history and government if we expect things to change.
China 20.0 %
India 17.2 %
United States 4.6 %
Indonesia 3.4 %
Brazil 2.8 %
Pakistan 2.6 %
Nigeria 2.5 %
Russia 2.2 %
Bangladesh 2.1 %
Japan 2.0 %
Based on this one can conclude that the 7% nationality rule is a veiled effort to limit Indian and Chinese immigrants specifically. Does this not amount to discrimination by nationality ? In addition we as legal immigrants are taxed without any representation. Taxation without representation was the reason the US was created in the first place.
US history is full of examples where discrimination existed in one form or another and these discriminations were sucessfully challenged. A few examples are women's voting rights, minority voting rights and gerrymandering. These are good examples to study where the affected people had no legal voice to begin with.
The civil rights movement is a recent example. There were existing laws that limited people from voting based on their literacy levels in the southern states. The literacy requirement for voting was really a thinly veiled attempt to limit voting rights of african americans for as long as possible. The civil rights movement was about changing these artificial laws to give voting rights to people who legally had no voice.
http://www.usdoj.gov/crt/voting/intro/intro_c.htm
You don't need to be a lawyer to speak up for your hardships as a law abiding resident. This country has tremendous protections for people living here which is what makes it great. We as an immigrant community need to build our awareness of US history and government if we expect things to change.
breddy2000
09-24 06:09 PM
If you see the numbers for EB2 ROW there are still 7000 visas pending.
Offcourse many are from 2007 and 2008
How is it possible?Is it not EB2 ROW and EB1 was always current?
1997 1
1998 3
1999 1
2000 11
2001 47
2002 67
2003 69
2004 219
2005 493
2006 973
2007 1,531
2008 3,473
2009 262
Grand Total 7,150
Also EB1 has the following data
1997 4
1998 1
1999 0
2000 1
2001 32
2002 57
2003 32
2004 29
2005 41
2006 135
2007 537
2008 898
2009 710
Grand Total 2,477
Does this mean this data is not accurate as of date. So if it means that all of those applications are approved as of today there are no more EB2 ROW 485 applications pending for FY 2010 apart from the recently filed in PERM stage?
Offcourse many are from 2007 and 2008
How is it possible?Is it not EB2 ROW and EB1 was always current?
1997 1
1998 3
1999 1
2000 11
2001 47
2002 67
2003 69
2004 219
2005 493
2006 973
2007 1,531
2008 3,473
2009 262
Grand Total 7,150
Also EB1 has the following data
1997 4
1998 1
1999 0
2000 1
2001 32
2002 57
2003 32
2004 29
2005 41
2006 135
2007 537
2008 898
2009 710
Grand Total 2,477
Does this mean this data is not accurate as of date. So if it means that all of those applications are approved as of today there are no more EB2 ROW 485 applications pending for FY 2010 apart from the recently filed in PERM stage?
