Wednesday, August 10, 2011

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  • sumagiri
    07-23 12:27 PM
    Guys,

    I think we have talked and analyzed enough about how many visas available for August and September and pretty much arrived at conclusion that at the minimum 20K visas available. (Thanks to vdlrao).


    Now we should talk about capability of USCIS and its processing speed? What is the normal approval rate with USCIS's regular processing. Also we heard that USCIS recruited many people, Do we suppose to see any improvement in processing. Do we think all the 20K visas will be used within 2 months?


    If USCIS is going to approve only 5K visas over next 2 months, there is no point in talking how many visas left.

    Thanks

    GCWhru,

    I went back and verified if there were calculations on how we got that 20K. I couldn't find one. Please point me to the source, if there is one.

    As of now, All the mathematical and statistical estimations were on total EB2 usage and spill over for this year. Not on how many visas are left over or used up. Not all the spill over is left for these two months. Some or most of that spill over is already used up.

    I think 20k was some guess based on number of labor filings from April 2004 to June 2006. The EB2 date move is based on USICS/DOS estimation on how many are documentarily qualified. It is important to remember that not every one with priority date before June 2006 are documentarily qualified. Some are still waiting for I-140 approval and some of them had RFEs.

    Thanks





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  • sanju
    09-23 11:07 AM
    Emailed everyone on the list. Great Draft. Now calling my wife to send the emails. Later I will email my friends to send out the same communication. Great work Nixstor!





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  • shensh
    02-15 11:33 AM
    No, the intention behind the 7% limit is to protect levels of European immigration and address racist fears of immigration from the 3rd world. This was also the intent behind the diversity lottery - notice the consternation that the diverisity lottery is primarily benefiting non-Europeans.
    What is the basis of your claim my friend? What is the "racist fears of immigration from the 3rd world"? Do you know that "traditional" European country such as UK is not even qualified for Diversity visa?

    Please do not spread fear based on your narrow understanding of the law. UN is right in pointing out that every law has and should have an equalizer.

    Please read this from US Dept of State:

    "Diversity visas are intended to provide an immigration opportunity for persons from countries other than the countries that send large numbers of immigrants to the U.S. The law states that no diversity visas shall be provided for natives of "high admission" countries. The law defines this to mean countries from which a total of 50,000 persons in the Family-Sponsored and Employment-Based visa categories immigrated to the United States during the period of the previous five years. Each year, the USCIS adds the family and employment immigrant admission figures for the previous five years in order to identify the countries whose natives will be ineligible for the annual diversity lottery."





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  • kalyan
    12-13 01:00 PM
    Either way, be cautious and thoughtable before you fight against the state

    Also, i saw in CNN, for some (who are mexican's also), they served in US military (they are not here legallY) and got the Green Card becoz they shared the nations passion in Iraq.

    Think some thing like that here too rather than challenge the state and constitution

    If you talk with Caste like in India, may be somewhere down the line, you might ask a state for indians (which is like kashmir for muslims).



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  • anilsal
    11-09 09:33 AM
    This discussion can go on and on. Here is my take.

    * US is one of the countries people are flocking into. Even lots of people from UK, Australia and Canada come here to settle.
    * Given this, whenever there are opportunities to lure people in, there will be takers and people who sell (like preapproved labor). If USCIS puts a stop on preapproved labor, then there will be other avenues to take advantage of.

    You may have others in your field/company who are less-educated than you, younger than you and earning more than you, so can you lose sleep over it? No! It is part of life.

    Just focus your energies on IV and its adoption. :)





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  • chantu
    03-30 01:57 PM
    Yes...We had them in power for five years. It was a joke. India was Shining and we had to wear sun glass.

    I am not supporting the congress party. I am only supporting the MMS. To me, he is faaaaaaaaaaaaaaaaarr better than Mr.Advani or Mayavathi

    SNathan, I know you are supporting MMS and not congress. But remember, it is not MMS govt it is congress govt. MMS is just an executive who will implement his boss's decisions. It happened during Narasimha Rao. It was Rao and not MMS who brought economy reforms. Also, India Shining was flop show and we had to wear sun glasses, but last 5 years of UPA was such a economic disaster that now even if we remove glasses we can see nothing but darkness.

    Also please consider that during UPA rule, India's loss due to terrorism was next to Iraq. As Narendra Modi says, even if you are rich, own houses and cars and happy in life...but if you are not sure that at the end of day you will return home safely or not, then this money and richness is of no use.



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  • nrk
    09-17 01:07 PM
    I wish your prediction is correct, but do you think the spill over happens from the first quarter,
    As per the trend, we are seeing the spill over only in the last quarter from last two years.


    Here is what I want to understand.

    EB2 ROW is CURRENT except INDIA AND CHINA. EB2 ROW will get 28.6% of 140000.
    This means 40040. How they are going to divide these visa between INDIA and CHINA?
    This is NOT SpillOver. I know there is 7% rule, but other countries are always Current.

    And EB1 is CURRENT and considering Bad economy very few cases will be filed under EB1.

    What will happen to those 40040 Visa? If those spillover to EB2 ROW, we may see a large quantity of Visa numbers for EB2.

    Considering 50% of each EB1 and EB2 visas consumed by other than INDIA AND CHINA, still we should get aroud 40040 visas this year.If you furher divide 50% between INDIA and CHINA, both will get 20020, Which might be sufficient to cross 2005.





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  • sammyb
    02-14 01:53 PM
    to close this thread and/or change settings so that no further new posts allowed... We have had enough on this ... it is now better to rest this topic in peace...



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  • okuzmin
    07-11 07:33 PM
    Bud,

    TN is just a modified H1B. You need to have an employer, your wife will be on a TD and worse, you gotta renew it every year across the border.

    TN is not a modified H1B. With TN you do not have a dual intent: you cannot apply for a green card straight through TN status -- you would have to adjust your status to H1, L1, or any other immigrant status and only then apply for a green card.

    TN is given for two years. You must be a Canadian citizen (not just a PR!) to qualify for TN status. Mexican citizens must obtain the actual TN visa, while Canadians don't. There are occupations that do not qualify for TN status.

    Your wife can just as easily file for a TN in her occupation. Yes, you need an employer in the USA to get TN status, but I don't see a big problem with it. I work for a relatively small IT company (about 90 employees), and we hire people from anywhere in the USA and Canada. Our recruitment personnel conducts online and phone interviews, and a job offer can be made before the candidate ever visits our state. I'm sure many companies follow the same practice.

    With TN you get stamped at the border (Canadian, not Mexican :)) -- and welcome (back) to the USA! If you follow the guidelines, it's very simple to get this status. I'm not sure which country gets your taxes, though. Since I'm quite a few years away from my Canadian citizenship, the information I currently have was sufficient to satisfy my curiosity about TN status. ;)

    Another interesting idea about Canada-USA work/immigration popped up today in conversation with my immigration lawyer. If you have a managerial position in a company that has offices in USA and Canada, you can jump on L1 visa. This will let you file in EB-1 category if you want to go for a green card. There are some additional requirements: you need to work as a manager in the company's branch in Canada for at least a year; when you apply for a green card, the company will need to prove that the Canadian office will keep operating after you get your green card and leave Canada. Nevertheless, it's a possibility that is definitely better than EB-3 or EB-2.





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  • unitednations
    02-13 03:00 PM
    Whether overflow happens vertically or horzontaly is subject to interpretation and we cannot really say if EB3 ROW is getting any undue advantage.....
    That matter can be litigated.....


    You guys still think it is horizontal. This has been discussed so many times with reference to the law; the note in november 2005 visa bulletin; another lawyer who received statistics in chinees overall approvals for 2006 which were going to be close to 7% and you guys still believe this is a gray area.

    the november 2005 visa bulletin made it black and white. It is no gray any longer. AC21 didn't do anything to change to horizontal; only spillover is allowed in quarter not annual.

    Hard to understand why people think it is still gray.



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  • snathan
    01-13 02:41 PM
    I just heard from attorney there are lot of debate going on in AILA and they are trying to stop this memo from being implemented...they are the one going to lose more business then the body shops....





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  • krishnam70
    07-11 07:36 PM
    TN is not a modified H1B. With TN you do not have a dual intent: you cannot apply for a green card straight through TN status -- you would have to adjust your status to H1, L1, or any other immigrant status and only then apply for a green card.

    TN is given for two years. Your wife can just as easily file for a TN in her occupation. Yes, you need an employer in the USA to get TN status, but I don't see a big problem with it. I work for a relatively small company (about 90 employees), and we hire people from all over the world. Our recruitment personnel conducts online and phone interviews, and a job offer can be made before the candidate ever visits our state.

    With TN you get stamped at the border -- and welcome back to the USA! :)

    Another interesting idea about Canada-USA work/immigration popped up today in conversation with my immigration lawyer. If you have a managerial position in a company that has offices in USA and Canada, you can jump on L1 visa. This will let you file in EB-1 category if you want to go for a green card. There are some additional requirements: you need to work as a manager in the company's branch in Canada for at least a year; when you apply for a green card, the company will need to prove that the Canadian office will keep operating after you get your green card and leave Canada. Nevertheless, it's a possibility that is definitely better than EB-3 or EB-2.
    Using NEXUS.. doing my research..



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  • immigrationvoice1
    02-15 04:45 PM
    Talking about diversity, those not familiar should take a look at an Indian currency note.

    Maybe someone can scan and post one, I don't have any Indian note with me. You will see around 20+ languages on it. You can tell its different languages because they use different script unlike say German and French (except for the accents/umlaut). Actually the number of languages are much more than shown on the notes. For whatever reason AFAIK only languages with distinct script are classified as languages in India, others are called dialects. These dialects are actually languages because they are not dialects of anything (For example in this definition, lot of European languages will be classified as a single language because they use Latin script).

    The point is unlike what outsider might think there is as much if not more cultural, ethnic, linguistic differences between a Gujarati and a Tamil Indian as between a German and a Portuguese European.

    So how much favor I will carry with a Malayali (no disrespect to anyone from Kerala) is debatable.

    ....completely!





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  • snthampi
    07-30 06:41 PM
    Travind I am not close to the family anymore I made the dude so uncomfortable he stopped calling me. Here are some avoidance techniques, but you need to be ballsy to pull them of and never exceed the limits of decency and you must have a sense of timing and humor to do these. I have used these techniques myself for avoidance
    1) Stare at his wife or sister and constantly compliment their looks, cooking, chai etc
    2) Make lots of sticky notes with their quotes in the meetings and stick it on their walls
    3)Break your pencil or pen at the meeting and loudly say cuss words like "shit that is good"
    4) Itch nervously when they approach you in any location they will leave you thinking you have some skin disease.
    5) Cough without closing your mouth directly in front of their face
    6) Wear ghetto clothes when you go to the usual locations they avoid you like the plague (sorry guys who wear kurta with jeans and leather chappals you are the most obvious target)
    7) Borrow cd's, dvd's etc and never return them or their calls they are bound to be nice since even in the worst case they are still trying to sell to you.

    There are more things to do but i'm guessing some other people will post their experiences , just one word of caution do not extend your torture because these people are human beings who have been proselytized by their diamonds etc that they dont realize and don't worry they will not learn from you.

    It is really funny man. I love the points 1, 4,5 & 6. If anything else doesn't bother one, point 1 definitely should. If not, everyone knows what to call that person!!!



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  • chintu25
    02-14 02:08 PM
    :mad:Guys do us all a favour Vote for or against the Lawsuit in the other thread





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  • Dhundhun
    08-08 04:57 PM
    My kids aged out. Is there any way they can take benefit of my immigration based on my PD? Otherwise, how can they benefit?

    My daughter turns 21 in 2003
    PD 03/10/2005
    My son turns 21 in Apr 2005
    I140 filed Oct 2006, approved Sep 2007
    I485 Applied in Aug 2007

    Thanks in anticipation.
    --dhundhun



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  • Macaca
    07-04 01:01 PM
    My point is not to discourage any one, but when we wirte to media, folks will investigate all before they publish to main stream. We need to be fair and should provide the correct information, else we might loose the coverage.

    This is important. I am updating my original template and putting the name of the person who said it. That person should be able to stand up when needed!

    Also, please look at all possible holes in my points. We need to be rock solid!





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  • Rohan99
    07-27 06:35 PM
    Did you tell that person you are doing illegal work in his country? Is that person from Mexico?

    Run from who?...you? I will see who runs from who? :)
    Sorry to hear that someone lied to you, and it totally shows that person's integrity. But its nothing to do with Amway. Amway never told them to pick u up and take you to the meeting. It was his wrong decision. Probably they are not in business today either.

    My platinum is US army Airborne division...SERVING his country. You saying something?
    Sounds like you know something he doesn't know. Probably he or I should have checked from you.





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  • chi_shark
    09-23 09:00 PM
    have you ever considered that you may be too dumb to comprehend it? you can be classified in the same people who called gandhi's idea foolish or idea of a personal computer outlandish etc... if you cannot believe just sit back, relax and enjoy the flight.

    i cant believe ppl think this is a brilliant idea..
    economy is screwed for a while..citizens are on life support..and you want immigrants to be welcomed with open arms..





    gc4me
    02-13 01:39 PM
    Thanks for your valuable information. But how about lots of unused visas?
    Why USCIS did not allocate those to countries like Nepal which only used 70.


    Further division is not good.

    I was on record that DOS/USCIS misallocated visas in 2005. India received much more in eb3 then what they were entitled to. In fact, India, China, Mexico and Phillipines should have not gone over their 7% as a whole of the 250,000 greencards available. Because of this; dos/uscis learned their lesson and started to follow the law appropriately.

    I did say that if in 2006 any country went above their limit of 7% then it would cause a lawsuit which I would be a part of. However, there would be some negative outcomes from it. UScIS/DOS behaviour could only change going forward. They could revoke the greencards issued in 2005 for people who went over the 7% limit (uscis has upto 5 years to rescind greencard if approved by mistake) but they would not get re-allocated because there is no carryover from one year to the next in the current law. Only outcome would be to change it going forward. As I've said in the past; people were spoiled at the laziness of DOS/USCIS. Retrogression and the visa allocation should have happened a long time ago.





    Legal
    07-26 10:31 AM
    According to my analysis based on recipted/pending I-485 they processed some 80-90K (estimated range) EB I-485 applications which 57/65% of 140k by April 2008.

    May month usage was very low, i feel June/July not to bump too much so another 20k cases. We should still have FB rollover from 07 (31K) + another 10k visa in the pool for Aug/Sept visa.


    It appears FB spillover is factored into EB quota in Sep bulletin every year.



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