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  • old_hat
    05-02 02:38 PM
    The issue started long before LTTE but it has not stayed static. There were many opportunities to set it correct which LTTE shunned. Again a lot of Tamils joined mainstream in Lanka and LTTE went after them too.





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  • sivasiva
    03-26 10:06 AM
    gururs,

    Is it possible to substitute labor as future employee?

    Thanks





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  • Marphad
    04-20 02:08 PM
    GCKaMaara is right, different people operate at different IQ level.

    When there is so much of repeated junk in this thread from the people who think they are political strategist, then what's wrong in posting a fun youtube video twice?




    .

    I can only laugh at you(r post).





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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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  • Humhongekamyab
    08-16 09:03 AM
    Wish we had US' work culture: Cop - India - NEWS - The Times of India (http://timesofindia.indiatimes.com/news/india/Wish-we-had-US-work-culture-Cop/articleshow/4898121.cms)





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  • vivid_bharti
    05-01 05:31 PM
    Thread was opened in the support of Tamil Srilanakan civilians not LTTE, India should pressurise Sri Lanka to stop attrocities & killing of civilians, but again who will say it ??? Was there a FM ? a PM ? all puppets...
    "Tomorrow if we or our generations are getting killed in the US, would you say the same thing" ....

    Of course yes! If our generations are US citizens, US govt should take care of them and if they are part of any terrorist organisation, they should be treated the way terrorists are treated.

    "Country needs to care about its people" ... Its is in your quote ... Issue is about Srilankan's and their goverment should take care of it, NOT India. I don't think any one has a doubt about how LTTE should be handled.



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  • GCwaitforever
    02-13 02:07 PM
    I couldn't agree more with you. The limited number of GC is definitely a critical factor. But we have contributed to this mess ourselves. Look what happened with EB2 India. Did India started producing EB2 talents overnight? No; rather we started polishing our resumes with inflated years of experience and job description so that we can apply to EB2. The system is too liberal and based on trust. If employers start scrutinizing resumes and certificates a lot of applicants will simply drop off from the GC queue.

    Totally disagree with you. People do not inflate their resumes and apply for EB2. There is no need for that for many of us in the profession for more than 10 years already. Besides, it comes under immigration fraud and leads to deportation.

    EB2 India is clogged up because people who applied for EB3 five or six years ago switched to EB2 by applying with newly promoted positions and transferring old EB3 priority date.

    It all comes down to USCIS/DOL/SWA/BEC processing paper-based cases at tortoise pace and making loads of money for their employees and their pensions. Had they processed cases quickly with electronic processing, EB2 India would not be backlogged like this.





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  • HopeSprings
    09-24 01:41 PM
    The calculation done by Bharatpremi seems to have flawed while calculating spill-over. Spill-over is first by preference and then by country. That is how till VB of August 2009, you see ROW EB1/2 was current and ROW EB3 was U and EB2I was in 2003.

    Now, considering spill-over by preference first, the following could be a conservative analysis:
    I am trying to see if EB2I can cross Dec 2006 by end of FY2010. So, we will consider only those cases that might be placed before EB2I PD as Dec 2006.

    Consider all the pending EB(1+2+4+5) cases reported so far for ROW, China, Mexico and Phil and add it to pending EB(1+2+4+5) cases for India till end of 2006. The number is around 68000.
    Assumption (the numbers for FY 2010 for cases that might be placed before an EB2I case with PD Dec 2006) -
    - All EB4/5 cases till end of 2010 FY - 2000
    - ROW, Mexico, Phil EB1/2 - 8000
    - EB1 I/C - 1000
    - The new cases from EB2C (PD Sep 2009 onwards) will not be placed before EB2I PD Dec 2006

    Assuming cases cleared in the month of September - 4000 (around 7000 are eligible based on the cut-off date).

    Total visa numbers required to clear off EB2 till Dec 2006 = 68000+2000+8000+1000-4000 = 75000

    Visa numbers available for AOS for EB (1+2+4+5) in FY 2010:
    Assuming 15% go to CP.
    Total number for AOS = 119000
    EB1 (28.6%) - 34034
    EB2 (28.6%) - 34034
    EB4 (7%) - 8330
    EB5 (7%) - 8330
    Total Visa numbers available for AOS for EB (1+2+4+5): 34034+34034+8330+8330 = 84728

    So, total number needed to move EB2I past Dec 2006 is 75000. Total available for this cause is around 84000. If USCIS uses all the available visas, spills over only during last quarter and maintains Preference-first spillover policy, I think the visa dates will move well ahead of Dec 2006 by end of FY 2010, most likely in the following way:

    Oct 2009 - Dec 2009: Jan/Feb 2005
    Jan 2010 - June 2010: Mar/Apr 2005
    Jul 2010 - Sep 2010: Feb/Apr 2007



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  • saimrathi
    07-10 11:25 AM
    Have a great time eh!!

    Dear Friends, I had it... I am moving to Canada in the next 2 months to work for guess who? Microsoft. Came to USA in 1997 for my masters, worked at Legato, Documentum and Opentext. Had to restart my GC twrice, once as the company laid me off and next for career progression. GC is still years years away. Interviewed with MSFT last month and got an offer to work in their Enterprise Collaboration team. MSFT looked at the visa mess I was in and offered me to work in Vancouver. I get my Canadian GC in 6 months and my wife can work from day one. I am abandoning my US dream for good;guess I would be satisfied with touching my 4 year old son's American passport.

    I worked for a canadian company in US and now would be working for a US company in Canada. This is globalization. True Globalization. Any for those whiners belonging to IEEE and its propoganda machine, I would like to mention that I drew salries which were above way above the norm. I am sure I would be drawing more than 2 of his programmers combined. Ron- ask your folks to learn to compete and update their skills. They probably studied studied 'history of mathematics' as a math subject in high school instead of calculus. They were happy that they had the coolest Nintendo games while many like me were burning the midnight old figuring out data structures at Berkeley.

    I hope Berney Sanders and his club of the CIR days are hearing the developments. Berney, fix the broken education system for job protection rather than building fences to prevent legal workers to come to this gifted country. More companies will leave for nearshore if the mess continues. Fix the system by closing the H1B loopholes that a small percentage of companies are exploiting. Don't bad mouth the H1B system which has given you so much talent that you could have never groomed, the talented individuals who have contributed to the society, social security system and what not. Patch the holes in the fence, do not erect a higher fence for which people need to pay $ 5000 to cross. And by the way if you have the inclination and the time- fix the broken LEGAL High Skilled immigration system.





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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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  • pappu
    07-03 10:24 AM
    Dear IV members,

    We are starting this Free service for all our members. IV members can ask Immigration questions to an immigration lawyer. the immigration lawyer will be regularly visiting this thread and our forums to answer questions. The aim of this feature is to allow our IV members access to information and for free. IV is not getting paid by this lawyer or is paying this lawyer. Our intent is to help our community as much as possible.

    The immigration lawyer has kindly accepted to help our community for free without even demanding any publicity for the lawfirm. Thus we have decided to keep the identity of the lawfirm hidden for the time being.

    The lawyer will visit this thread and answer questions from our members. Preference will be given to active members and members whose profile information is complete. This service will be expanded further in future. Monthly subscriber (http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44) members can choose to get phone consultation and immigration paperwork done by this lawyer at a discounted price. If you are a monthly subscriber, and want legal services, you can contact IV with a proof of your subscription and we will have you get in touch with the lawyer.

    You can post on this thread all your immigration questions.

    By posting on these forums or reviewing a post of any question or answer, you agree that you have read and understand the following disclaimer:

    The information provided on these forums as well as any transcripts posted on this website or websites of participating law firms or attorneys is of a general nature and may not apply to any particular set of facts or to all circumstances. It should not be construed as legal advice and does not constitute an engagement of any participating attorneys or in any way establish an attorney-client relationship with any participating attorneys. You should not rely solely upon information that you may receive during these forum post exchanges, . You should consult an attorney of your choosing to obtain advice for your particular situation. Laws and regulations are constantly changing. The information provided in any post was pertinent at the time of the posting, but may become outdated. We are not responsible in any way for any outdated materials or any post from the attorney.The service is provided on IV by an IV member who is also a lawyer. It is not legal advice but only for information, and no attorney-client or confidential relationship should be formed by use of these forums. This is in no way an endorsement by IV of this lawyer and IV takes no responsibilty if there are any issues that arise from the answers. By posting on this thread, you also agree with the terms and conditions of this website.

    IN NO EVENT SHALL ANY PARTICIPATING ATTORNEYS, LAW FIRMS, INDIVIDUALS, OR IMMIGRATION VOICE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH PARTICIPATION IN ANY FORUM POSTS, THE USE OF THIS WEBSITE, OR ANY OTHER WEBSITE WHERE TRANSCRIPTS MAY BE POSTED, REGARDLESS OF WHETHER SUCH DAMAGES ARISE OUT OF CONTRACT, TORT OR OTHERWISE.





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  • mihird
    05-10 05:06 PM
    There is a lot of debate going on here, about how Canada and Australia have a better immigration system because they are points-based self-petition systems compared to employer-petition system here in US.

    ....
    If I score 100 points out of required 50 or 60 points for Canada, its all meaningless if I am inept and cannot get a job. However, I would contribute to my own well-being and to the workforce and economy if I can find a job and an employer willing to petition, even if I score 25 points out of required 50 or 60.



    You are missing a point here though...having gone through the Canadian point system myself back in the late 90s, the Canadian point system gives you added points for having current employment in your intended occupation.

    When you don't have employment, you lose those points, and have to rely on other aspects of your profile to compensate for that..it is another story that their point system is lax enough to qualify most MS and PhD people even when they don't have current employment.

    Ph.Ds driving cabs in Canada is the same as immigrant doctors working as nurses or lab technicians in the US.

    I will disagree with you. Employer sponsored path to permenant residency is certainly not the best. Firstly, if the average time to process an application is 5-7 years, expecting a person to shackled in the same job for that long is absurd...and for that matter, that job remaining steady and available for that long is equally an absurb assumption..

    There may be unemployed Ph Ds is Canada but they are no different from the thousands of underemployed H1-B immigrants in the US, not being able to make career moves because of the employer sponsored petitiions..

    My .02 cents..



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  • gc_wow
    09-23 05:25 PM
    I dont think there is a law which dictates spill over to happen in last quarter? Some USCIS crony has made that happen only in last quarter? Does any one know more about this?





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  • rajeev_74
    09-24 06:59 AM
    for people who own or will buy homes ? We could also say that this can come from recapture but only for already or potential home owners...

    brilliant idea...if some of us are able to get off the queue and give more visa numbers to others waiting helps everybody. Along with US homes being sold could add some value. Hats off to nixtor.



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  • logiclife
    01-23 04:51 PM
    --thanks...edited my comments per your suggestion - logiclife





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  • ghouse1742
    07-16 11:36 AM
    Dear Lawyer,
    I have applied for my renewal of EAD. Please let me know if I have answered the following correct and if there is anything I can do to rectify if you think these are not the right answers. Thanks in advance for your help,

    For question 14, Manner of last entry: " Paroled (AOS) " because that is what will be stamped in my passport and I94 after my entry into US.
    For question 15, Current Immigration status: " H1B Worker " because my H1B is valid till 2010 and I never used my EAD or received my green card.



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  • sundarraj61
    09-29 12:43 PM
    Hi Kukitron and all,
    I am having a new h1b with validity 7/2009. But My Visa expired by Aug,2006. Please clarify, can i travel from canada to Seattle thro Road with the expired visa and the new h1b which contains a valid I-94

    Thanks
    Sundar

    I just arrived yesterday from Canada with an expired Visa and my extension notice from INS.

    Unfortunatly, they officer was an ignorant pig without any knowledge about immigration. Luckily, I was sent to an office where officers were nice and well trained,

    I recommend you to print out the actual law so you can have more arguments and arrive earlier to the airport if you are flying





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  • deepakjain
    01-22 04:17 PM
    Deepak, are you a consultant or FTE?

    I work on full time basis. have pending 485 and do have EAD and AP, per my attorney decided to get visa stamped on my passport so that do not have to renew AP and EAD every year. I do not intend to leave the employer neither does my employer has any intention of kicking me out.





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  • shreekhand
    09-15 11:55 AM
    vdlrao,

    Are you 100% sure that the data for calendar year 2005 includes the traditional labor certifications as well ? I did not see any in the txt file given on the DoL website for FY 2005.

    Remember missing those out could mean missing huge numbers, I know several who filed from Jan 01, 2005 to just before PERM came into the picture in late March 2005.

    Year, TOT_LBRS, Certified, LBR_INDIA PD_>_10/1/2001
    2000 074048 70204 ????? 0
    2001 082139 77921 ????? 0
    2002 089168 79784 ????? 7873
    2003 095299 62912 ????? 25956
    2004 098866 43582 ????? 26569
    2005 014253 06133 01350 6133
    2006 105960 79782 22298 79782
    2007 098753 85112 24573 85112
    2008 061997 21092 07198 21092
    Total 720483 526522 55419 252517



    http://immigrationvoice.org/forum/forum2-retrogression-priority-dates-and-visa-bulletins/23813-perm-labor-data-analysis.html


    In 2005 there are a total of 01350 labors certified only for India.
    In 2006 there are a total of 22298 labors certified only for India.

    The other important thing here to note down is there are many outsourcing companies out there filed/filing GCs for their so called managers in EB1 category.





    ns007
    04-28 10:29 PM
    Administrator,

    There is an another thread on the same topic. Please merge both threads.

    Sorry, I didn't see that thread before opening this.





    longq
    02-13 03:09 PM
    They do not have to go to 7% if they don't want to. However; they can't go over it; if there is more demand then supply.

    I am not disputing this. Entire discussion here is how to handle if demand is less than supply due to the impose of 7%.



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