Sunday, August 7, 2011

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  • srkamath
    07-17 11:42 AM
    The Problem is isolating EB-2 India from the Perm Approvals.

    EB2 were ~ 35% of India approvals between Mar-05 to Oct-05, then it ramped up to ~65% - 70% for most of FY 2006.

    Total EB2 IN cases per year 2006 onwards were north of 18,000, which implies at least 40,000 Visas including dependants.

    Method: Apply filters for - Approved - India - Level I - bakers, cooks, elementary school teachers etc.
    This will slightly overestimate the EB2 IN numbers.
    Remember to remove the previous year's applicants as their PD will be the previous year, add them to the prev. year's estimate.





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  • Lasantha
    12-14 04:20 PM
    Well said !!!

    I know what I am about to say will trigger a lot of reaction and some resentment, but it has to be said on behalf of those who are not Indian. I think the per country limit is to ensure that people of all nationalities and races have an equal opportunity to obtain a green card and to ensure that no one nationality, group, or even sector (i.e. IT) monopolizes the so few visas that are available. In fact, in the visa lottery, countries become excluded when the number of immigrants from them reach a certain point, so we are lucky they do not do that in the Employment-based system!

    I think that by wanting to remove the per country limit so more Indians can avail of the green card quota is both asking for "special treatment" and a slap in the face for all the non-Indian IV members. The more I read the threads on this site, the more I feel that this organization is geared just to one ethnic group. I am sure that Indians probably make up the majority of members, but the founders of IV (I hope) did not want this organization to become one-sided! Please be considerate of ALL members and try to come up with suggestions that would benefit ALL members!!!:mad:





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  • eb2waiter
    05-14 02:04 AM
    ......





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  • bobzibub
    04-04 10:14 AM
    As a Canuck:
    It is an honor that you folks choose my country to live in.
    Temporarily, or permanent, I hope it works out.
    Every country has its warts. (Mine has them too) but the immigrants to a country are what give it life.

    For the Doctors, check out some rural areas various provinces. I think they have programs that ease the regulatory burden.

    Welcome!
    -b



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  • logiclife
    02-15 07:03 PM
    A couple of points. Firstly it's usually a good idea when quoting wikipedia to include the primary reference that the quote or opinion is based on. A contentious issue like immigration reform produces lots of opinion but not all of it is based on fact. Secondly, there are shocking racial elements in the history of immigration laws in the US. Perhaps it's not that shocking when one considers the racial history of the country. Many people will be familiar with the supreme court case 1923 of Bhagat Singh Thind, a Sikh man who fought for the US in World War I. http://en.wikipedia.org/wiki/United_States_v._Bhagat_Singh_Thind
    The immigration laws at the time said that only Caucasians could become US citizens. The framers of the law assumed that Caucasian meant "white" while Singh Thind relied on science to prove that people of South Asian origin were also Caucasian. He lost the case with one judge stating "the average man knows perfectly well that there are unmistakable and profound differences".

    My point is that the immigration laws of the United States were racist until the 1952 INA act. They specifically placed quotas on people based on the color of their skin. Today's restrictions, while bizarre, unreasonable and unfair in many ways, cannot be defined as racist.

    In 1917, this Sikh man, for immigration, went to the Supreme court to fight his battle.

    And today, some of our members, when they call us, block their caller ID. God knows what they are afraid of. But certainly not the kind of person who would go as far as Thind went.

    If Thind had been fighting today for USA in Iraq, he would have gotten greencard and citizenship. If he made it alive back. There is a program where non-citizens can enlist in the millitary and become citizens.





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  • Ramba
    05-01 05:30 PM
    Seriously I don't care - my personal opinion that in this particular case it is none of our ( India's ) business to meddle in Sri Lankan affairs when they are on the verge of getting rid of a menace they have . Terrorism is not a solution of anything . Only peaceful times can bring happiness and prosperity.

    Really? Then why did India meddle in Pakistan affairs and liberated East Pakistan (now Bangladesh) in 70s? People should post only after reading complete SL history and how minorities were suppressed. One point of time GOI supported and funded and trained LTTE. The problem for India as well as Sri Lankan Tamils is lack of strong/tough/clever leader like Indra Gandhi. The problem for SL tamils are the "ego" of Prabakaran. He himself wants to be a only leader and not yielding to anyone and not willing to compramise. The LTTE is necessary evil to solve this issue. Without them, one can not find a peace solution. Though, they did lot of mistakes and criminal activites, they needed in negotiation. All political parties in TN and GOI is playin drama in view of election. It is so pain to watch the situation of the innocent peoples trapped in this war. If India, would have stepped in long back, lot of innocent lives would have been saved.



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  • gc_aspirant_prasad
    07-03 03:56 PM
    their office was not aware of this. Drew their attention to the statement by Congresswoman Zoe Lofgren.
    They ve promised to check & do what they can.





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  • msp1976
    02-20 11:35 AM
    Three years later I decided I missed USA (note: Canada isn't much different but I still missed the "system" and the rush of working in the big economy with the biggest companies. I came back and stuck in greencard process now for many years.

    My conclusion is that I made a mistake of going back and should have stayed the first time around. Something for everyoen to consider going back to other countries or back home.

    I keep thinking about going back and your inputs are valuable in this regard...
    But in my case I could think of a few more factors...
    1. Back home the economy is sizzling...(Don't know how long that would last)..
    2. My friends who chose to stay in India/left for India in 2/3 years have a greater net worth than I have...(through stock market/real estate appreciation..) again do not know how long/whether this would last..
    3. I am really at my wit's end as far as work is concerned...The stagnation is killing me...I am in this place for last 7 years....



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  • aka
    12-13 11:50 AM
    Discrimination in employment based on nationality is not allowed. However, can we extend the argument to the employment based immigration? We can always choose to take that promotion though we will lose our place in the queue.

    Leaving the question of fairness aside, under the current legal framework my guess is we do not have a case.

    This is a very interesting angle... even though on the surface it looks like we have a choice in taking that promotion and losing our place in queue, it is not really a choice. Do this a couple of times and your six years on H1-B expire, you basically have to leave your job and go back to your country. So taking a promotion is eventually a dead end. I think by extension, we can legally argue that this per-country based quota system is really (inadvertently) leading to discrimination in our employment based on nationality (which is unconstitutional).





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  • Waitnwait
    07-03 05:49 PM
    My wife came to US on L2 visa. We applied for her H1 in April'07 and got selected in lottery :). She has been working since Apr - 07 with the same company first on EAD (from L2) and then on H1B. meanwhile we got lucky in July 08 and applied for 485 for both of us. We came back from India in Mid May using AP after one month vacation. ( we have EAD and AP). She stopped working 2 weeks after coming back and hasnot worked since. My quesion is
    --- What is her current status ?
    --- Can she start working on her EAD and abonden her H1B?
    --- Will she be able to come back on H1B or H4 ( I also have H1B now)



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  • 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?





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  • gc4me
    03-28 03:52 PM
    Looks like yes. I think, I-140 need to be cleared before April 26th.
    Or the day the rule gets in effect.

    I'm more concerned about this:


    Does this actually say that unless the substitution is approved before the rule becomes effective, the labor cert. would be invalidated?

    :confused:



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  • snathan
    03-30 05:47 PM
    In my opinion MMS may be a nice person and may be a good economist, but it wasn't him who was running the govt. and it will not be him if he comes back again. It is a very common practice in India, a chemist will run a chemist shop but the License is in somebody else's name. Here also same thing happened, you saw Manmohan Singh on PM's chair, but it was somebody else who was running the show, and it is deception & dishonesty to your voters. I always see a "Culprit" in his eyes, which is either hiding something or is guilty. Observe him on TV, he's mostly not making too much eye contact, he know he is guilty of deception....
    He also headed one of the most corrupt & criminal cabinets in the history of India. People like Taslimuddin, Shibu Soren , Jagdish Tytler, Lalu had several criminal cases against them. On the contary you may not personally Like LK Advani, It's not just him who's going to rule the country if he comes to power. It'll be the whole cabinet, most what was during Vajpayee govt. which was much cleaner & much more agressive on developmental issues, they worked on certain agendas, lot of places where you see growth, were actually the good work done by the NDA govt. You may praise Laloo for all the Railway turn around, but the reality is the foundation was layed by then Railway Minister "Nitish Kumar", AI/AI became profitable under "Rajiv Pratap Rudy" . There were people like "Suresh Prabhu", "Yashwant Sinha", "Arun Shourie", all of them did tremendous Jobs in their cabinet.

    Can you tell me how many politician making eye contact in India.





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  • chanduv23
    06-26 08:06 PM
    DOS allocates GC numbers to USCIS adjustment cases only as the point of approval is reached. DOS can set/move/retrogress PD based on info provided by USCIS about number of cases at point of approval.
    USCIS is not able to provide a good estimate of this number because

    it can not calculate this number based on USCISs workload, and
    it does not know the number of cases DOL will send to them. DOL again can not calculate the number of cases (it will send to USCIS) based on DOLs worload.


    The following are from page 35 and beginning of page 36

    The key to addressing this management issue at USCIS is to understand the dynamic interplay of priority dates and shifting workloads of three departments, and to know with greater precision and accuracy the size and details of USCIS� workloads.
    The tri-agency meetings seek to expand inter-agency communication regarding expected new demands and surges, workflows, and priority dates. During the meetings, there is an examination of the case management systems and data collection processes used to assess workflows through each entity, particularly USCIS.
    Although USCIS stated in its 2006 Annual Report Response (at p. 8) that it provides detailed data to DOS, the tri-agency group identified gaps in USCIS� data.

    So "At the point of Approval" DOS can actually set/move/retrogress dates. Based on USCIS input. As USCIS is not able to handle this accurately, chances are that at a particular stage USCIS may alert DOS and DOS may retrogress dates - chances are there (though I personally feel this will not happen in July)
    Which means what some of these lawyers are saying is not speculation but a definite possibility.



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  • garybanz
    12-14 02:35 PM
    I still dont see any discrimination on the existing laws. The number of visas divided equally to all countries.

    Why not divide equally across all races? or all kind of jobs? or different ages? or color of eyes? ...left hand right hand? Yankee fans and red sox fans?

    Why not divide all the jobs in USA equally among some of the above categories?

    EEO does not say take the total pool of jobs and divide it exactly equally among all the race, color, religion, sex, and national origin or for that matter any of the categories I mentioned. EEO says every one gets an equal shot at the job.

    Do you understand the discrimination now?





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  • alien007
    07-22 08:56 AM
    2005. The guy at the college said to the FOBs (including myself)...Dress in your best suits, we are goin to a business meeting! all of us got excited. the meeting was attended by people of all colors. felt good that desis are heading it! then i joined paying around $250. Slowly came to know that its not my cup of tea. The quickstar guys have only few brands of softdrinks and other amway products, always nagging others to join in, faking a spontaneous friendship. The speeches they give at the meetings are all almost the same. they seem to have a standard text, and have an aquired american accent. they talk abt being financially independent, but losing perspective, friends, decency. after a few weeks, i got my refund, and pulled out.

    2006. TX. a stranger desi lady was being so friendly to me and my friend in a Walmart. After sometime when she was trying to give her hubby's contact details, i walked away. my friend was caught up, and he wouldnt come! I got many follow up calls from her abt business meetings. i said NO.

    2007. a friend of mine comes to Florida from India to do a phd in chemistry. calls me up and says im coming to DE for a meeting. you should come! he said it wasnt abt chemistry. I could immediately smell some amway stink. i advised him not to go for it. im glad he and a lot of others stopped getting into this quickstar quicksand.

    I mean, the weeds are everywhere! and at all times.

    Just like Telemarketing is regulated at the federal level from using deception, i hope this amway mania is kept under check as well.



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  • Sunx_2004
    07-29 11:56 AM
    Here is my case, Company A filed Labor GC for me, Labor filed 04/2004, I-140 approved 06/07, I485 filed 07/07.
    Company A got aquired by company B in 11/07, Company B filed 3 year extension on H1B based on approved I-140 approved H1B.

    Now company B filed amendment to approved I 140- My questions-


    Is my I 140 still aproved or it will start all over?
    I am planning to change the company coming October, Can I change the company at this stage. Will it affect my AOS in adverse way.
    What
    I need to take care of if I want to switch the job.





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  • TomPlate
    07-03 09:41 PM
    Can somebody let me know, what are final conclusion.





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  • Legal
    07-03 08:47 PM
    My ideal solution for this is to make this a hot button issue in the media and then try for legislation to recapture visa numbers and allow forwarding of visa numbers. That will help us go a long way.

    Will it be possible to get emergency legislation to capture unused EB numbers for the past several years????

    Is it possible to escape the radars of the likes of Durbin & Sanders?





    lfwf
    02-15 07:20 PM
    as always.

    i'm indian fyi. i'm not techie, i have nothing top do with body shops. and yes i'm a little offended by the streotypical crap.
    i do not claim any "best and brightest status" either.
    here are my questions:

    to the fighting indians: what good is the removal of a country cap on it's own? sure date for india will move a bit and row a little back. but most people will still be stuck because of the annual quota. without increased GC numbers the point of country quotas is moot.

    to row warriors: i guess if it benefits you it must be fair. cool. maybe i would have felt the same in your place. but tell me...i came here and did a lot of education. today in EB2 people like me (and even less qualified than me) are walking through with today's PD. i am 10 years away from a GC. any good reason? why am is so bad? so inferior? why am i penalized for my place of birth? fair? whatever...
    what if the same diversity were applied by occupation? religeon? color of skin? it's still diversity...would that be ok? if not then why place of birth? i'm not asking you to give up what you have by good fortune. just seeking acknowledgement that maybe there is something not quite fair here...

    anyway as for this funny accusation on all indian students being H4's, wow you can say anything you want, right?
    actually india and china are in teh top 5 receipents of F1 visas, and far ahead of most countries

    http://travel.state.gov/pdf/FY06AnnualReportTableXVII.pdf

    now folks. STOP.
    you are making me sick.





    chi_shark
    09-23 10:36 AM
    hi! fantastic idea... this will exclude me if this legislation is for primary home only. but if includes any home, i am willing to buy one more home...

    in any case, i would suggest that this content be edited and the housing problem and our solution to it be brought closer together and upwards in the content... the IV community's pain can be sent downwards...

    great stuff... i will write to people...

    As completely unrelated these two issues are (from a law maker's perspective) on a normal day, these are possibly those times when each of these issues can help the other.

    IV has been discussing about the possibility of one for two solution (partial). The idea is to request congress to exempt EB applicants & their dependents from numerical limits of the Immigrant visas, if they buy a home. It is my belief that market sentiment is the most important thing in any financial market(s) and the housing prospects look pretty bleak. There are lot of members in the EB community that have NOT bought their own home, even though they could afford one because of the uncertainty with EB GC. IV's idea is to bridge the financial committees and judiciary committees in the House/Senate and see if corresponding Chairman/Ranking members are willing to listen. Things are moving so fast with the 700bn USD bail out plan and we will NOT have time to do things the normal way, through our counsel. We have to present this idea to the corresponding staff members of key members of congress (see list below) and see if this gets traction now or going forward.

    Please do not bring EB-5 discussion/comparison here. The proposed partial solution is different from EB-5 in that EB-5 investors invest money and we are investing in our future with a genuine intention of making USA our permanent home.


    If you already have a home, thats fine. Any such legislation will reduce the wait times in EB categories and we need housing markets to rebound for a safer economy before the ripple effects are felt every where.

    Who to write to

    Staff members(Chief of Staff, Legislative LA, Financial LA, Legislative Director) of Chairman/Ranking members of House/Senate Judiciary committee & Finance/Banking committee, Staff members of your representative and your senators. Please find staff members of the committees in the spreadsheet (http://spreadsheets.google.com/pub?key=pptN-jEpAiyd3snslhPjBfw).

    You can find your representative & senator staff members on this website (http://www.outsourcecongress.org/outsource/congress/schstaffers.html).

    Please use valid email addresses and NOT fictitious/junk mail. It undermines the whole purpose and our emails will be flagged by mail scanners / spam checkers as some thing similar to famous Nigeria bank account scams.


    Email Subject: Proposal to alleviate current US Housing/economic crisis

    Content/Message

    SUMMARY

    This proposal alleviates the current US economic crisis, by motivating the US high skilled, legal immigrant workers to purchase homes. The size of this immigrant population is approximately 800,000 individuals. This effort if successful would inject up to US$ 20Billion approximately into the economy (approximately US$ 100 Billion in houses sold across the country) , while at the same time directing this money into the root cause of the economic crisis � the illiquidity of the national housing market. The above calculation is done
    assuming a median US home price of $212,400 and buyers making a down-payment of 20% of the cost of the home. Roughly estimating 400,000 buyers.

    BACKGROUND

    Undoubtedly, we are all devastated by the shake up on Wall Street in the past 15 days. Experts agree that the underpinning problem is the housing crisis caused by sub-prime mortgage loans. Many of us, who cannot afford our monthly mortgage payments are losing homes and putting them up for sale and foreclosure, which further adds to the crisis. At the same time, most of the Employment-based (EB) immigrant community would like to purchase homes and make the United States a permanent home for their families. These EB immigrants however, are living in a state of limbo, mostly in rental apartments because of the delays and uncertainties involved with the EB immigration procedure. The wait times in EB categories are exacerbated by the delays in processing by USCIS, even though eligible applicants have filed for Permanent Residency also known as Adjustment of Status. Such processing delays have resulted in the wastage of 218,000 immigrant visa numbers (Page 52 of USCIS Ombudsman Annual report 2007). The current Department of State visa bulletin shows 7+ years of wait times in certain categories. We strongly believe that legislation can be worked out in such a way that the housing markets all over the country can move towards recovery, while at the same time motivating the Green Card applicants to catalyze this recovery.

    It should be noted that this proposal by no means brings more immigrant workers into the US. The workers in the EB, skilled category are already present in the US, doing skilled jobs that no US worker is available to do. They are part of the long queue of backlogged cases that USICIS will eventually process; however, this wait can take years and in that case could not be used as a tool to minimize the course of the current economic crisis.

    SOLUTION

    Congress can pass legislation that exempts EB green card applicants and their dependents from the numerical limits of visa numbers, provided applicant(s) have bought a home making 20% down payment on the sale price of the home, for a time period deemed necessary by the congress.


    How can Employment based Immigrants help alleviate the housing problem?

    (1) Employment based immigrants are highly skilled and are employed in occupations such as Software, IT, Health care, Energy, Finance, Education and Research & Development across the United States.

    (2) Average income of these individuals/households is around 65,000/130,000 USD.

    (3) All these Employment based immigrants have gone through Department of Labor�s recruiting process, which certifies that there is no willing, able and qualified US Citizen to do the job.

    (4) Most of the Employment based immigrants have excellent credit history and good source of income to make the payments needed for their home mortgage.

    (5) By requiring a 20% down payment from this group of buyers, Congress can directly channel this money to where it is need most � at the banks.

    (6) Employment based green card applicants have been living in the United States for 6-8 years. Many of them have US graduate degrees in their fields of expertise. These applicants are well versed with the American culture and will not change the cultural landscape.

    (7) Financial burden on US government and treasury will be reduced drastically if the glut of houses in the market decreases.


    As a member of the community that wants to make the US its permanent home, I want to contribute to a solution that helps USA and US during these tough times. I sincerely believe that the 30 year commitment on mortgages by Employment based immigrants in the housing market, backed by solid, risk free mortgages can turn the down ward spiral in the housing market into a upward spiral.

    END OF CONTENT



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