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  • unitednations
    02-18 05:41 PM
    I agree that his arguments are valuable...

    And I believe that those must be countered point to point...
    You see... our target membership audience consists of very intelligent people..They come to this site and read UnitedNations arguments...If they accept those arguments ... what would be the net result.???...They would just go away....It gets directly in the way of our efforts.....

    That is the reason for this whole shoot out.....

    I don't look at it as a shoot out or trying to pick on people and say the situation is hopeless.

    I have a lot of postings on immigration.com and I can tell you definitively that the conversations on this portal are much more constructive and educated. On the other portal there are people who still think it is a conspiracy of holding back visas and government wants people out. No matter how much one talks about the law and visa allocations they do not look at the facts but rather wallow in self misery and conspiracy theories.

    There are others who don't pay much attention to immigration matters and belive the rhetoric that a law change is around the corner and it will increase the vsias by a substantial amount. In my opinion from everything I know; regarding allocation of visas; number of pending cases at backlog centers; number of perm approvals; number of people here on h-1b; O visas, L-1' university H-1b's; the wait could be minimum ten years for people from severely retrogressed countries. Until people can understand this; and I am afriad that the only way people will understand this is if USCIS/DOS issued exact statistics of how many I-140's there are where 485's haven't been filed; how many 485's are pending which can't be approved; how quickly they process eb2 row and eb3 row cases and how frequently they come into the pipeline then an educated guess cannot be made with any great precision. However, everything I know would say that everyone from india in eb3 and eb2 should just stop watching the visa bulletin because at the current pace and law; it would take five years to just approve one year of greencards which happened in 2005 and even then the dates were back to 2002. Since January 2005 there hasn't been any eb3 approvals from India with priority dates after June 2002. You can just imagine how big the numbers are. There was over 50,000 H-1b visas issued in 2005 (can't tell which were intial h-1b's or just revalidation); 20,000 H-4's; 20,000 L-1's, 20,000 f-1s; 200,000 visitor visas. That was all just in one year. When there is only going to be 10,800 greencards compared to these numbers it becomes mind boggling.

    Regarding arguments and counter arguments. When one does a presentation or getting ready for a presentation you always need to understand the other side of the argument. If you don't then you cannot counter it and will lose credibility. So some of the things I have pointed out need to be countered/mitigated to have any reasonable chance of success. For example the 485 filing without priority date; how many people knew that a person on visitor visa could file a 485; people from family base who are illegally here would be able to flip over to EB and come into this stream; people on L-1; f-1, etc. The numbers would be so huge that without quota change, etc. it would be a disaster. If the plan was to first ask for this and then six months later say; hey look now we have 2 million people going for greencard and you should increase the quota now; it might fall on deaf ears for many years.

    Just in case you want to ask; I don't have good answers; there will be much more arguments to use about not attracting/retaining once all of EB retrogresses. The scientists; executives on L-1 from companies like Citibank; hsbc, etc also get retrogressed then you will hear much more noise.

    Within immigration there is competing interests. You have political asylee issue where there was a cap of 10,000 annually even though there are hundreds of thousands of people waiting for it. It took them many, many years to lift the cap. there are 12 million undocumented workers who could pose a security risk if you listen to all the security pundits; there are EB3 skilled workers who cannot get into the country because they don't quality for h-1 and have to wait outside; there are teenagers; young adults who came with their undocumented parents who are trying to legalize, etc. Phillipinos who are sponsoring their siblings have to wait for 23 years.

    In EB we are one of the few who hold non immigrant visas that allow us to get a greencard while we are in USA. Just about all the other categories of non immigrant visas require a person to stay out of usa until they get the greencard. As I said in a previous posting; I firmly believe that EB is the least disadvantaged of the various routes to get permanent residency.





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  • snathan
    01-13 06:12 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.

    Consulting companies are just the tip of the ice burg. They should really target infy, wipro, TCS like companies. They are the one truly exploiting the sytem to the fullest. They do not sponsor GC, do not pay the good salary or any benefit to the employee. I also dont see the share holders are rewared. God knows where all the profits are going. (which holes are getting filled)?





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  • immique
    07-18 11:45 PM
    Spillover will occur from the first quarter itself this time. it has not happened in the last few years because, there were many applications from ROW(especially EB2 and EB3 ROW) coming from backlog centers and using up all the visa numbers as all the spillovers got passed on to EB3 bypassing EB2 retrogressed countries. this is exactly why EB2 was unavailable in February. now with the correct interpretation of the law and EB1 and EB2 ROW being current, the spillover will happen from Nov/dec of this year itself for 2009 quota. But I am not sure how quickly the dates move for Eb2 or how much spillover will happen. remember the visas allotted for a particular quarter will be used by the end of the quarter and I doubt if there will be much demand in EB1 and EB2 ROW that can use up all the visas for the quarter. this is why I think EB2 I and C will get spillover very early in the year and I don't think we will be waiting till the last quarter for this to happen

    What makes you so sure the spillover can happen in the first quarter? Is there an example in the last 10 years? You may have forgot Feb. 2008 bulletin. If what you say is true, why it was U for EB2-I on Feb. 2008? No one in USCIS can take the responsibility if the spillover in first quarter causes EB2 RoW with cutoff date later, as they can't predict if there will be enough(or not) applicants to fullfill the quota. Therefore, spillover can only happen at 4th quarter. Unless if there's really mininum of usage, then it may start at 3rd quarter, but I don't think it will ever happen at 1st quarter.

    Here is the Feb 2008 bulletin.
    http://travel.state.gov/visa/frvi/bulletin/bulletin_3925.html
    INDIA EMPLOYMENT SECOND PREFERENCE HAS BECOME �UNAVAILABLE�

    Despite two retrogressions of the India Employment Second preference cut-off date, demand for numbers by CIS Offices for adjustment of status cases has remained extremely high in recent months. As a result the annual limit for the India Employment Second preference category has been reached, and the category has become �unavailable� effective immediately.





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  • srikondoji
    06-27 04:24 PM
    I disagree. Christ still needs a passport and has to go through immigration check at port of entry to land in US. The easiest for HIM is to get an F-1 visa and then change to H1-B and apply a Green card.

    Christ is god's son! He does not need a Green Card or any other color card :D So what is the point of making it 0?:p



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  • gjoe
    02-15 07:13 AM
    I am going to use AC21 from March. I notified my employer (GC sponsor) about this decision during the first week of Feb. I had been working with him for close to 6 yrs but never had any problems so far.
    But today he didn't pay me. I should get 3 more paychecks including this one for 15Feb and I have my vacation days which would make up for another additional 80% of a pay check. The total would run to 18k+, if I just keep quiet and let it go I will lose the money and also what I beleive in (Freedom).
    If am not able to get my money from my employer I am going to file a lawsuit to recover the pay and also the legal fees from him. And also I am going to file a case against my employer and USCIS for being partners in doing this slave trade in America.
    I strongly beleive that the H1B system and the EB greencard system has been setup to legally bring in high skilled workers as slaves and exploit them by taking away their freedom. We are no better than illegals, in the way we are treated by the goverment and the employers.
    I will fight this case atleast to try to prove my point before I leave this place.
    I am looking for some civil rights agency which can help me with the lawsuit. My fight is not for the GC, but it is for justice.





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  • imm_pro
    01-13 04:24 PM
    Just wondering what IV Core's stand is regarding this memo



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  • vdlrao
    09-24 12:05 AM
    By Septemebre 2010, EB3-india wll be in the mid of 2002.





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  • thecipher5
    04-23 09:52 AM
    Suresh,

    I just sent you a pm regarding a similar situation I'd faced...

    Contact me if you need more information.


    thecipher5



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  • eb3_2004
    02-14 03:28 PM
    Here is my 2 cents on this

    Lets say the interested muster around plaintiffs and sue USCIS. Also, The court agrees that USCIS did not do its duty. Will the court go to the extent of ruling over INA which clearly says that unused visa numbers cannot be recaptured? Will the courts/judicial system set such a precedent where they will go against law just because the agency failed to implement it correctly? I don't think they will set such a precedent by overruling against the law set up by congress and the President who signed it. By long shot, Can the court recommend congress to fix the situation by changing the law and by allowing recapture? Possibly. Does that help and fix our issue?

    If lawsuit/court cannot make USCIS use the numbers, how can USCIS admin fix do this?.. I am not fighting here (I sent my letters already!!!)...this just came to my mind...





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  • vdlrao
    07-16 06:05 PM
    EB2 is current now..."EB2 will be current within a year" gives an impression that EB2 which is not current will get current in one year...

    I mean EB2 India will be current with in a year.



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  • bostonian28
    06-01 09:00 PM
    Somehow we need to include citizenship in the mix, i.e. citizenship for some one who contributed Social security and medicare for 10 years, only than would politicians be interested because these numbers could potential convert into votes. That is what politicians all over the world care about.

    Basically message is, this is a reasonably big chunk of your vote bank, you can support them and gain their loyalty.





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  • ravise
    09-15 10:51 AM
    month priority date No of appr 2000 2001 2002 2003 2004 2005 2006
    June-08 4/1/2004 122 2 9 18 61 30
    July-08 4/1/2004 88 1 7 14 29 36
    August-08 6/1/2006 261 0 3 5 19 63 103 67
    Sept-08 8/1/2006 3 0 1 0 0 2



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  • _TrueFacts
    09-04 08:08 PM
    I spent almost an hr going through these massive 12 pages and concluded to support British's saying "Indians are dogs" and I want to add the following,

    Kanaka

    We are called dogs, because we discuss things, then what are we called if we don't and accept things in India as they are.





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  • amitjoey
    07-03 04:46 PM
    Can we use this to send it to reporters?
    http://blogs.ilw.com/gregsiskind/



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  • ujjwal_p
    05-11 09:15 PM
    Thanks for being the self-designated, unpaid spokesperson for "we indians" and keeping track of accountable indians :)

    Nice one. I'll take that dig.





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  • immi_seeker
    09-15 02:39 PM
    Here are my Estimate of pending EB2 India case for give years

    <=2004 2000
    2005 10000
    2006 13000
    2007(july) 5000
    ==============
    Total 30000
    ==============

    This number is very close to Ron Gocthers number prediction a few months back (minus sept approvals).

    Collaboration on visa quota data/analysis - Page 6 - Immigration Information Discussion Forum (http://www.immigration-information.com/forums/general-immigration-questions/8419-collaboration-on-visa-quota-data-analysis-6.html)

    Pending as of 15 July 2009 145000
    EB2 50000
    EB3 94000
    EB2India (2.4/3.5 EB2) 35714

    We can use the LCA number and come close these numbers as well

    2005
    EB2 India LCA for 2005 = RIR (3000) + PERM (60% of 7290) ~ 7400
    Assuming 20% abandon applicant we get = 5900
    1.2 dependent per applicant give ~ 13000 I-485 applicantions
    Assuming 10% approved in 2008 and 10% rejected/abandon I-485 and 5% cross-charageability we get => pending 10000 pending I-485 application for 2005

    2006
    India PERM applications = 18000
    EB2 India PERM applications (60%) = 10800
    Assuming 20% abandon applicant we get = 8640
    1.2 dependent per applicant give ~ 19000 I-485 applicantions
    Assuming 10% approved in 2008 and 10% rejected/abandon I-485 and 10% cross-charageability we get => pending 13000 pending I-485 application for 2006

    So if we see spillover of more than 30K the date will move beyond July 2007.


    Considering the slow economy that spill over is reasonable.



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  • Subst_labor
    03-17 10:32 PM
    Subst_labor, you became an annonymous member today only to post this question. I am sure you must be a regular member of IV but created a new profile just for this question.

    Why don't you tell us how much you bought your labor for? Show us a proof that you have not bought it.

    I think I made a mistake of answering your post and apologize for that to all members. I also urge people not to answer anyone with substitute labor on this forum.

    such people cut in line in front of us and don't even bother paying money to IV. Why should we give them free advice. If they can spend money buying labor for 20K they can spend hundred dollars and consult a lawyer and ask their question. It is with such mentaility they are brought up with in their country- Currption and getting things done with money. But never paying anyone for a just cause. In my country people contribute only when they fear god in temples, for medical treatment or to astrologers!!


    I also urge moderators to close such threads on this forum whenever someone is diagnosed with a substitute labor cancer. Yes it is a cancer that is worsening retrogression further.

    At least on this forum we can have the resolve to fight such people who are hurting most of us.

    Now if someone argues with me on this post, then it will mean that either that person has himself bought a substitute labor or is looking for one. So don't even bother because a lot of members after reading this post will come hard on people who are ok with substitute labor on this forum.

    Mr. Janak,
    Do you understand English? First of all, i had mentioned, i am BEING offered, meaning i havent gone for the labor yet and even if i do there will be no buying or selling involved.
    Second of all, i am sick and tired of stereotype Indians like you, who ASSUME everything without knowing anything and come out with your own theories from the bizzarro world [i know, pathetic loosers like to vent at any and every opportunities they get. Spare me your crap, if u dont know anything and cant help, then just stay quiet.]





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  • mariusp
    02-14 03:41 PM
    Greg Siskind (http://blogs.ilw.com/gregsiskind/) seems to be an IV supporter and numerous times in the past has blogged about IV initiatives and such... Maybe we could ask for his oppinion and see if he thinks we have any chance with this?





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  • jhaalaa
    01-13 05:19 PM
    IV Core and Administrators

    1. AOS applicants using EAD are presently unaffected (if they do not have H1) by this memo. Could you please inquire from USCIS contacts, in case more similar "guidelines" are being planned for folks using EADs?

    2. Also is something more being planned/announced for AC21's "same or similar" criteria? A while back we had a thread collecting evidences and suggestions from the IV members about its interpretation. Please help provide a status update about the meetings with USCIS, IV core group discussions and plans, etc.

    Thanks for all your efforts.

    Best Wishes for all.





    chanduv23
    07-21 03:31 PM
    After participating and running so many campaigns on IV, it may not be a bad idea to run a campaign to addrss the same

    Just like we successfuly eradicate "SMALLPOX", we can do something like eradicate "AMMWAY MENACE"

    Reqruit volunteers who would act like ammway victims

    Volunteers will collect all information about this ammway guy, his picture (so easy with BB, iphone etc..) , his location , his manners etc....

    Post all their information on a website.

    Have a mobile app wherein one can key in some details about a ammway guy and gets a response back.

    Make a database of al these people - ridicule them openly on the website - circulate the website to all websites so that others see them.

    They will then realise how much they are hated for what they are and what they do.

    At some stage, this menace will stop.





    gc28262
    09-04 10:16 AM
    IV admins, Chandu,

    Please delete this thread or move this away from the main page.
    This thread is a good fodder for antis.



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