lotsofspace
02-13 11:26 AM
I understand that per country cap is painful for certain countries. But i think they want the employment based immigrant community to be as versatile as possible. I have never heard someone complaining about the DV program where certain countries are not allowed to participate. The reason behind is that they want people from all over the world not just from certain parts of the world.
What part of "Diversity Visa" don't you understand ? The objective there was and is "DIVERSITY" and therefore it make sense (albeit a limited one).
Why should there be a restriction based on COB for employment based visas ? Do you think the Govt can dictate companies to recruit only so many people from different demographies ? I guess not.
Thank God there is no such restriction on H1.
I know it sucks for guys from ROW to be treated on par with ICMP quartet. But is only fair to be treated equally at least in EB categories.
As many have suggested before, this removal of quota in it self will not solve the immigration problem. But is is fair and equitable in my opinion. And the opinion generally is different based on what side of the fence you are on. Recapture and increase of the annual limit to a more reasonable number is the correct solution.
Although it may be kind of wishful thinking from the ICMP quartet to get this per country limitation removed, I personally feel the odds of that happening or very low. So guys from ROW, please chill. You are probably alright. Removing the world hunger is the right thing , but that is not going to happen. Some people continue to eat mud cakes to kill the hunger (This is a true story. I read an article recently).
Most problems in the past have been resolved by not improving/patching the current system/source but by paradigm and systematic shifts. The root of the problem at the conceptual level is the demand for these visas from these countries. If the India and China continue their current growth rate for the next decade, they probably don't need this many visas :) who knows :).
But for now this is a problem for all of us who are struck in this nightmare.
What part of "Diversity Visa" don't you understand ? The objective there was and is "DIVERSITY" and therefore it make sense (albeit a limited one).
Why should there be a restriction based on COB for employment based visas ? Do you think the Govt can dictate companies to recruit only so many people from different demographies ? I guess not.
Thank God there is no such restriction on H1.
I know it sucks for guys from ROW to be treated on par with ICMP quartet. But is only fair to be treated equally at least in EB categories.
As many have suggested before, this removal of quota in it self will not solve the immigration problem. But is is fair and equitable in my opinion. And the opinion generally is different based on what side of the fence you are on. Recapture and increase of the annual limit to a more reasonable number is the correct solution.
Although it may be kind of wishful thinking from the ICMP quartet to get this per country limitation removed, I personally feel the odds of that happening or very low. So guys from ROW, please chill. You are probably alright. Removing the world hunger is the right thing , but that is not going to happen. Some people continue to eat mud cakes to kill the hunger (This is a true story. I read an article recently).
Most problems in the past have been resolved by not improving/patching the current system/source but by paradigm and systematic shifts. The root of the problem at the conceptual level is the demand for these visas from these countries. If the India and China continue their current growth rate for the next decade, they probably don't need this many visas :) who knows :).
But for now this is a problem for all of us who are struck in this nightmare.
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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.
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.
lazycis
02-12 10:33 PM
Educate yourself, check these out:
http://www.ailf.org/lac/asylee_adjustment.asp
http://www.uscis.gov/vgn-ext-templating/v/index.jsp?vgnextoid=1dc6aca797e63110VgnVCM10000047 18190aRCRD&vgnextchannel=1dc6aca797e63110VgnVCM1000004718190a RCRD
http://www.ailf.org/lac/asylee_adjustment.asp
http://www.uscis.gov/vgn-ext-templating/v/index.jsp?vgnextoid=1dc6aca797e63110VgnVCM10000047 18190aRCRD&vgnextchannel=1dc6aca797e63110VgnVCM1000004718190a RCRD
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eastindia
01-16 09:54 AM
I have no problem with any individual but I hate my ex employer and their class ( in no uncertain terms ). I was earning for them , but he and his wife used to behave like big boss to me.Why I shed no tears for them. They think themselves as Ambani but will not hire few good marketing folks who can bring projects from direct clients. There business model is like the following example ( joke ). A bihari gone to punjab and started working for sardarji for food and shelter.While he asked the sardarji for food , he said go that building eat as much you want and take this tifin box and pack some food for me too. Just tell them that I have sent you . After some time Bihari came to know that it was Gurudwara and food was lunger. I consider these body shop no different then that Sardarji. Opening a co ( body shop ) requires phone and outlook. WOW. The h1b rules allow a space for them. With this new rule , they are gone for good. Let me make it very clear , I hate body shopper . It is mere chance that they are from particular state. I fully sympathize with all H1B holder and again let me insist all deserving H1b people will be better off with this memo. Let me quote a line from Ghalib " Jis diye me tel honge , rah jayenge bus wohi ".
Let me enjoy on potential demise of Body shopper including my ex employer. I am ready
Wow so ungrateful.
You make hole in the same vessel you eat.
You came to this country only because of a desi bodyshopper. Otherwise with your qualifications you cannot even dream of coming to USA on your own.
Unless you are IIT or IIM.. or some top engineering college, it is highly difficult for someone to come to USA on H1B and take a permanent job. The other route is to come for studies.
So after coming here by showing your desperation to earn dollars with an NIIT diploma or some shady donation college degree you came via a body shopper. You made a choice in life fully knowing what you are doing. Now you left your bodyshopper and want to hurt him and feel happy for the rule because you do not want others like you to come to US of A via bodyshoppers.
You know why? Because you do not want other Indians to come behind you and compete with you for jobs.
Learn to live and let live. Din't they teach you in India as an Indian value. Good luck with your greencard.
Let me enjoy on potential demise of Body shopper including my ex employer. I am ready
Wow so ungrateful.
You make hole in the same vessel you eat.
You came to this country only because of a desi bodyshopper. Otherwise with your qualifications you cannot even dream of coming to USA on your own.
Unless you are IIT or IIM.. or some top engineering college, it is highly difficult for someone to come to USA on H1B and take a permanent job. The other route is to come for studies.
So after coming here by showing your desperation to earn dollars with an NIIT diploma or some shady donation college degree you came via a body shopper. You made a choice in life fully knowing what you are doing. Now you left your bodyshopper and want to hurt him and feel happy for the rule because you do not want others like you to come to US of A via bodyshoppers.
You know why? Because you do not want other Indians to come behind you and compete with you for jobs.
Learn to live and let live. Din't they teach you in India as an Indian value. Good luck with your greencard.
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kuhelica2000
02-15 04:47 PM
Dingudi,
I didn't generalize. I said preponderence meaning "a lot of" cases with L1/B1/H1 and I am also not denying the fact the India is doing a great job in producing IT skills in great numbers. I am saying how they end up in America in greater numbers than any other country. China, Pakistan, Israel also produces lots of IT gradutes but they don't have the bodyshop connection to land here with an NIIT certificate.
I am an Indian and also came as a student giving GRE/TOEFL. So do not generalize that IT workers from India came here via L1/B1 route. Some of them did but some did not. I know lot of Indian who came here to study.
If India is producing more people qualified in these skills then its not their fault.
I didn't generalize. I said preponderence meaning "a lot of" cases with L1/B1/H1 and I am also not denying the fact the India is doing a great job in producing IT skills in great numbers. I am saying how they end up in America in greater numbers than any other country. China, Pakistan, Israel also produces lots of IT gradutes but they don't have the bodyshop connection to land here with an NIIT certificate.
I am an Indian and also came as a student giving GRE/TOEFL. So do not generalize that IT workers from India came here via L1/B1 route. Some of them did but some did not. I know lot of Indian who came here to study.
If India is producing more people qualified in these skills then its not their fault.
visves
02-14 07:23 PM
If we increase the number of links from other web-sites, blogs etc to immigrationvoice.com, then immigrationvoice should show up earlier.
If you google retrogression, IV doesn't show up until page 2.
Is there anyway we can change this? So that IV is the first link that shows up? Anyway know about this.
If you google retrogression, IV doesn't show up until page 2.
Is there anyway we can change this? So that IV is the first link that shows up? Anyway know about this.
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bitu72
10-23 05:30 PM
what is definition of "canadian business".
can we extrpoltae your suggestion little bit more or is it asking for too much
1. once you have PR ask your wife to open a company A.
2. As a employee of company A you can come over to USA while maintainig your PR status. You should still be considered to be covered under candian business wanting the employee to work on international projects..
can this theory fly...all this assuming no EAD filling in near future
can we extrpoltae your suggestion little bit more or is it asking for too much
1. once you have PR ask your wife to open a company A.
2. As a employee of company A you can come over to USA while maintainig your PR status. You should still be considered to be covered under candian business wanting the employee to work on international projects..
can this theory fly...all this assuming no EAD filling in near future
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cr52401
10-03 07:34 AM
August 2003 is a good PD if it were EB2 and you could have stayed with your company. I heard in this forum from someone that, if the person is Masters graduate and worked in related for three years they are exempt from cap even though they applied in EB3 category. If this is true, it is good for you to stay in your current company and not try substitution. If this is not true and if I were you I would have gone for substitution.
What ever you do, do it with good terms with your current employer, so you can come back and join them and be able to use the 2003 PD, if some thing goes wrong with your substitution. If you leave the company and join something else, if you think that you cannot join them back, then it may not worth it. Again, it depends on your personal situation, if you don't have a spouse who is waiting for EAD to work, you should not be risking this.
Did yo umean if new law pass them EB3 is exempt from cap? can you give me some refrence. Also you must have master from us or other country is ok?
Thank you for your help.
What ever you do, do it with good terms with your current employer, so you can come back and join them and be able to use the 2003 PD, if some thing goes wrong with your substitution. If you leave the company and join something else, if you think that you cannot join them back, then it may not worth it. Again, it depends on your personal situation, if you don't have a spouse who is waiting for EAD to work, you should not be risking this.
Did yo umean if new law pass them EB3 is exempt from cap? can you give me some refrence. Also you must have master from us or other country is ok?
Thank you for your help.
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dvb123
02-15 02:46 PM
Dvb, did you read the ruling? It denies relief and says that:
"We therefore join the Seventh and Eleventh Circuits in concluding that, in the current circumstances, the language Congress used precludes the INS from issuing a visa pursuant to the DV Program for a given fiscal year upon the expiration of that fiscal year. See Nyaga, 323 F.3d at 914; Iddir v. INS, 301 F.3d 492, 501 (7th Cir. 2002).8
8. Had Coraggioso sought relief prior to the expiration of the 1998 fiscal
year, our analysis may have been different."
So this case is not helpful to us, though it is good for us to be aware of its existence.
I read the end and it was unfortunate. I was talking about visa number reservation where they can reserve visa numbers for us in the future years based on the previous mistake they did. The court can compel USCIS to give visa numbers but maybe not in the same year but in a period of several years where there can put the newly applied i-485's on hold.
"We therefore join the Seventh and Eleventh Circuits in concluding that, in the current circumstances, the language Congress used precludes the INS from issuing a visa pursuant to the DV Program for a given fiscal year upon the expiration of that fiscal year. See Nyaga, 323 F.3d at 914; Iddir v. INS, 301 F.3d 492, 501 (7th Cir. 2002).8
8. Had Coraggioso sought relief prior to the expiration of the 1998 fiscal
year, our analysis may have been different."
So this case is not helpful to us, though it is good for us to be aware of its existence.
I read the end and it was unfortunate. I was talking about visa number reservation where they can reserve visa numbers for us in the future years based on the previous mistake they did. The court can compel USCIS to give visa numbers but maybe not in the same year but in a period of several years where there can put the newly applied i-485's on hold.
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newtoearth
05-03 01:30 AM
....
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onemorecame
06-26 04:53 PM
I heard this group of people - from anti immigrant organizations, plan to intercept fedex trucks going into USCIS next month sort out 485 petitions and steal them and hide them in an undisclosed location.
These people have only one aim in life. Not to allow 485 applications to reach USCIS.
When USCIS does not recieve any 485 applications, they will retrogress. Then this group of people will stop stealing the petitions.
:confused:
These people have only one aim in life. Not to allow 485 applications to reach USCIS.
When USCIS does not recieve any 485 applications, they will retrogress. Then this group of people will stop stealing the petitions.
:confused:
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H1BinNY
07-03 07:00 PM
I digged all the comments but looks like someone is trying to bury them again and again...
Probably someone from USCIS
Probably someone from USCIS
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iv_only_hope
02-13 10:31 AM
You are right chanduv. If ppl are not even participating in letter campaign itself what to expect abt all this lawsuit stuff.
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oomshiva
07-03 05:15 PM
http://www.foxnews.com/wires/2007Jul02/0,4670,ImmigrationGreenCards,00.html
Legal Workers Lose Chance at Green Cards
Monday, July 02, 2007
By SUZANNE GAMBOA, Associated Press Writer
E-MAIL STORY PRINTER FRIENDLY VERSION
WASHINGTON � Legal immigrants hoping to be first in line for employer-sponsored green cards lost time and money when the government suddenly announced Monday that no new applications would be taken until the fall, a lawyers group said.
Tens of thousands of people who work in the United States under employment visas and their families were affected by the change, said Crystal Williams, associate director for programs at the American Immigration Lawyers Association.
"There are people who flew to the United States so they could apply and had their families fly back. They paid attorney fees," Williams said.
The State Department announced last month that employment visa numbers were available for all people seeking employer-sponsored green cards, except unskilled workers. It sometimes takes years for applicants to get those numbers.
The announcement meant that as early as Monday, Citizenship and Immigration Services would begin accepting applications. The applications are hefty, requiring medical exams, a lot of documentation and the applicant's presence in the United States.
But an update on the State Department Web site posted Monday said 60,000 such numbers were no longer available because of "the sudden backlog reduction efforts by Citizenship and Immigration Services offices during the past month."
(Story continues below)
Advertise Here
Advertisements
The department called the backlog reduction an "unexpected action" and said employment visa numbers would be available again Oct. 1.
The State Department has been flooded with passport applications since new rules went into effect in January requiring passports for air travelers returning from the same destinations. The resulting backlog has caused delays of up to three months for passports and ruined or delayed the travel plans of thousands of people.
A spokesman at the State Department declined to comment.
Williams said several workers within Citizenship and Immigration Services told her and other lawyers that the agency had staffers working through the weekend to resolve pending cases. She said several lawyers reported getting phone calls from the agency with questions about applications when normally that happens by mail.
Chris Rhatigan, spokeswoman for Citizenship and Immigration Services, denied the weekend work occurred or that there was a push to use up the visa numbers. She said the agency had pending cases from previous months.
The fee to apply for a green card increases July 30 from $395 to $1,010, including a fingerprinting fee.
___
On the Net:
State Department: http://www.state.gov/
Citizenship and Immigration Services: http://www.uscis.gov
Copyright 2007 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
Legal Workers Lose Chance at Green Cards
Monday, July 02, 2007
By SUZANNE GAMBOA, Associated Press Writer
E-MAIL STORY PRINTER FRIENDLY VERSION
WASHINGTON � Legal immigrants hoping to be first in line for employer-sponsored green cards lost time and money when the government suddenly announced Monday that no new applications would be taken until the fall, a lawyers group said.
Tens of thousands of people who work in the United States under employment visas and their families were affected by the change, said Crystal Williams, associate director for programs at the American Immigration Lawyers Association.
"There are people who flew to the United States so they could apply and had their families fly back. They paid attorney fees," Williams said.
The State Department announced last month that employment visa numbers were available for all people seeking employer-sponsored green cards, except unskilled workers. It sometimes takes years for applicants to get those numbers.
The announcement meant that as early as Monday, Citizenship and Immigration Services would begin accepting applications. The applications are hefty, requiring medical exams, a lot of documentation and the applicant's presence in the United States.
But an update on the State Department Web site posted Monday said 60,000 such numbers were no longer available because of "the sudden backlog reduction efforts by Citizenship and Immigration Services offices during the past month."
(Story continues below)
Advertise Here
Advertisements
The department called the backlog reduction an "unexpected action" and said employment visa numbers would be available again Oct. 1.
The State Department has been flooded with passport applications since new rules went into effect in January requiring passports for air travelers returning from the same destinations. The resulting backlog has caused delays of up to three months for passports and ruined or delayed the travel plans of thousands of people.
A spokesman at the State Department declined to comment.
Williams said several workers within Citizenship and Immigration Services told her and other lawyers that the agency had staffers working through the weekend to resolve pending cases. She said several lawyers reported getting phone calls from the agency with questions about applications when normally that happens by mail.
Chris Rhatigan, spokeswoman for Citizenship and Immigration Services, denied the weekend work occurred or that there was a push to use up the visa numbers. She said the agency had pending cases from previous months.
The fee to apply for a green card increases July 30 from $395 to $1,010, including a fingerprinting fee.
___
On the Net:
State Department: http://www.state.gov/
Citizenship and Immigration Services: http://www.uscis.gov
Copyright 2007 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
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thakurrajiv
07-10 11:09 AM
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.
Byeusa, thanks a lot for sharing this. I have been thinking about such move since I heard about MS plans. If you don't mind, can you please share on the process of applying to MS Vancouver branch. Are their special postings for that branch ?
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.
Byeusa, thanks a lot for sharing this. I have been thinking about such move since I heard about MS plans. If you don't mind, can you please share on the process of applying to MS Vancouver branch. Are their special postings for that branch ?
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vdlrao
07-21 11:13 PM
Ron gotcher says dates will go back yesteryears:
"Most likely, India E2 will retrogress in October back to late 2002 or early 2003. Don't count on rapid forward movement in the future."
He says he got this from DOS.
What abt this?
PS: I am just asking not arguing.
Theres no argument about EB2 retrogression. It will retrogress defenitely in the next few bulletins. But the retrogression would be mild one and that would be there only for a VERY SHORT SPAN of time. After that the cut off dates would run like to reach the CURRENT.
"Most likely, India E2 will retrogress in October back to late 2002 or early 2003. Don't count on rapid forward movement in the future."
He says he got this from DOS.
What abt this?
PS: I am just asking not arguing.
Theres no argument about EB2 retrogression. It will retrogress defenitely in the next few bulletins. But the retrogression would be mild one and that would be there only for a VERY SHORT SPAN of time. After that the cut off dates would run like to reach the CURRENT.
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mchundi
01-23 06:04 PM
I personally know a guy who used Nick's services. Bottomline, his 485 was rejected as Nick sold the same labor to other guys as well. As for him, spend some time on EAD and now he is back on H1. What happens to his VISA number. Returns to the pool? Which pool? Or is it lost as the VISA number was used from last year's quota.
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GCwaitforever
06-21 04:11 PM
The problem lies with entire GC process being Employer-centric. Employee is just a pawn in the game. Employers can do whatever they want. The market test for LCA conducted by DOL itself is so ridiculous. How would a test conducted in 2002 be any relevant for a Greencard application that would be approved six or eight years from that date?
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BPforGC
08-11 01:39 PM
Sir
I got I-140 approved based on EB2-NIW (filed in April 2007). No labor required.
I filed my 485 during July 2007 when everything became current.
When they get to my 485, are they going to process and approve if VISA number is available based on the filing date?
(or)
Then will keep it aside until EB2 for India becomes current based on my I-140 filing date (which is April 2007)? Currently the date for India is June 2006.
So, approving 485 is based on order of filing and VISA number availability or based on priority date at the time of 485 reviewing?
In other words, do USCIS assign VISA numbers only for the petitions whose priority date is current at the very moment when the IO looks into the application i.e., is it prevented by Law to assign VISA numbers to petitions whose priority dates are not current at the time of assigning?
Thank you very much.
I got I-140 approved based on EB2-NIW (filed in April 2007). No labor required.
I filed my 485 during July 2007 when everything became current.
When they get to my 485, are they going to process and approve if VISA number is available based on the filing date?
(or)
Then will keep it aside until EB2 for India becomes current based on my I-140 filing date (which is April 2007)? Currently the date for India is June 2006.
So, approving 485 is based on order of filing and VISA number availability or based on priority date at the time of 485 reviewing?
In other words, do USCIS assign VISA numbers only for the petitions whose priority date is current at the very moment when the IO looks into the application i.e., is it prevented by Law to assign VISA numbers to petitions whose priority dates are not current at the time of assigning?
Thank you very much.
yabadaba
07-11 09:33 PM
jazz and others did u give ur ielts..if so where???
is it reqd ?
can i submit a 8 yr old copy of my toefl instead?
is it reqd ?
can i submit a 8 yr old copy of my toefl instead?
longq
02-14 12:50 PM
The entire discussion by EB3-ROW guys want to preserve those recaptured unused numbers in 2000 only for EB3-ROW for ever. As I mentioned earlier, the purpose of that recapture is to eliminate backlog in 1999. India and China were only the two countries backlogged at that point. USCIS could do that job only in 2005. You guys want a controlled allocation of recaptured numbers for years and years with the simple intension of EB3-ROW always should be current. I understand that urge. However, you guys forget the reality. EB3 demand is huge due to 245i. The real demand for EB2 always very less. (The real demand for EB2 is when EB3 were current). Now everyone is going to EB2. I feel that is the reason why EB2-India and China getting penalized as DOS took the law in their own hand. Now EB2 guys are victimized. Do not blame India and China took more numbers. The real fact is EB3-ROW is enjoying with the expense of EB2.
Furthermore all this mess is due cumulative results allowing 245i without increasing visa numbers (this is major one), failure of DOL in processing LC in time, USCIS inefficiency, dealy in processing 485 due to 911, abuse in labor substitution, abuse of massive filing of GC by body shoppers with out a bonafide permanent positions or ability to pay, opening a firms in fast labor processing states just to file GC etc. The list for this mess is end less. No one wants to fix that. If they fix everything, there will be less demand for EB3 visas. Furthermore some thing can not be fixed. One can not request/litigate DOL or USCIS to process the LC or 485 fast. Therefore, everyone in EB3 has to wait. Other option is to educate the law makers the problems due to this mess to fix those. Everyone wants CIR/SKIL bill and no one wants to fix the current system and abuse. So, one has to wait, wait, wait..
Furthermore all this mess is due cumulative results allowing 245i without increasing visa numbers (this is major one), failure of DOL in processing LC in time, USCIS inefficiency, dealy in processing 485 due to 911, abuse in labor substitution, abuse of massive filing of GC by body shoppers with out a bonafide permanent positions or ability to pay, opening a firms in fast labor processing states just to file GC etc. The list for this mess is end less. No one wants to fix that. If they fix everything, there will be less demand for EB3 visas. Furthermore some thing can not be fixed. One can not request/litigate DOL or USCIS to process the LC or 485 fast. Therefore, everyone in EB3 has to wait. Other option is to educate the law makers the problems due to this mess to fix those. Everyone wants CIR/SKIL bill and no one wants to fix the current system and abuse. So, one has to wait, wait, wait..
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