garybanz
12-13 05:44 PM
It will be a waste of money. The US does not have to allow any immigration if it chooses so. Do you realize that getting a GC is not a right, but a privelege? It's a matter of grace and no court has jurisdiction to review if government says "no".
How much money are we talking about here? an hour of a top attorney's time is quite affordable!
How much money are we talking about here? an hour of a top attorney's time is quite affordable!
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sodh
01-27 08:55 PM
Can please somebody reply, is this a non profit organisation or everytime somebody ask's some innocent question he is bombarded with counter questions like have you contributed, I can understand the frustations when there are freebee's but please everybody has his limitations,this reminds of bania's in mumbai you will get your your grocerries only if you have paid your previous debt's. Please don't force anybody, this makes every core members feel cheap, if somebody has to contribute he will contribute out of guilt out, of appreciation,out of obligation, we have not forgotten our dharma that is to help anybody that helps us.
desi3933
07-13 11:19 AM
I know people who got their GC in 7 months from the date they filed PERM. and then there are many people getting GCs every month. There are both good stories and bad stories to tell about getting GC in US.
There were times when H1 quota never reached the limit during the whole fiscal year, now they get used in just 2 days. This mess in GC process is a result mainly due to our own actions (temporary workers and consulting companies hiring temporary workers). Do you think majority of us once we get GC, stay with the consulting company that filed for our GC? When a consulting company files for PERM, they already have a foreign national working under H-1B in that position. So where is the real intent to hire an American when some foreigner is already working at that position?
This employment based GC is a way for us foreigners to immigrate to US easily at one point. Now due to our extreme usage and abuse of this process, there are genuine people who are being sponsored to immigrate to US are also suffering. In a true employment GC scenario, the company should be desperate to keep you for a long time (more than 6 years after H-1B is maxed) for your valuable skills that they were unable to find in others. But in most GC cases, looks like we temporary workers are more desperate than our employers for the GC? aren't we? Do you see any companies sweating on how to retain you with them, because you H-1B is expiring and they have no way to keep you?
Do not put all the blame on US immigration system, the majority of the blame should fall on us and the companies who are helping us to get GCs when our cases are not based on genuine sponsors.
Just speak for yourself, Mr. Hathi Ghora.
There were times when H1 quota never reached the limit during the whole fiscal year, now they get used in just 2 days. This mess in GC process is a result mainly due to our own actions (temporary workers and consulting companies hiring temporary workers). Do you think majority of us once we get GC, stay with the consulting company that filed for our GC? When a consulting company files for PERM, they already have a foreign national working under H-1B in that position. So where is the real intent to hire an American when some foreigner is already working at that position?
This employment based GC is a way for us foreigners to immigrate to US easily at one point. Now due to our extreme usage and abuse of this process, there are genuine people who are being sponsored to immigrate to US are also suffering. In a true employment GC scenario, the company should be desperate to keep you for a long time (more than 6 years after H-1B is maxed) for your valuable skills that they were unable to find in others. But in most GC cases, looks like we temporary workers are more desperate than our employers for the GC? aren't we? Do you see any companies sweating on how to retain you with them, because you H-1B is expiring and they have no way to keep you?
Do not put all the blame on US immigration system, the majority of the blame should fall on us and the companies who are helping us to get GCs when our cases are not based on genuine sponsors.
Just speak for yourself, Mr. Hathi Ghora.
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hydboy77
06-04 01:36 PM
As JSB pointed out what you are asking already exists with an EAD, 180 days after filing 485 you can leave your current employer and join a new company as long as it is a same\semilar job. The problem with this same or semilar job is it is a ticking time bomb, the day USCIS decides to go after EAD they can have a restrictive interpretation of same and semilar job and deny your 485 or they can keep sending you employment verification letter rfe every couple of months. I am not being paranioid, for example even though AC 21 clearly states that once 180 days have passed since the 485 has been applied, the employee can join a new job and even if the previous employer has revoked the approved 140 it should not effect the 485 petition, but USCIS is not following this law and blindly sending 485 denial notices to applicants whose approved i140 was revoked by previous employer. Who knows what sort of abuse will USCIS resort to in the future against EAD.
To prevent this we should work towards an administrative fix that once the 485 application is pre adjudicated the applicant should be left alone and not issed any Employment verification letter rfe, or semilar\same job restrictions if they are back logged because of country quota and face multiple year wait.
Instead of Interim GC we should demand that once Labor and I-140 is approved remove the restriction wherein a person has to stay in same job type until GC approved in other words allow the person to take any job while I-485 is pending. This will be a big benefit and logically makes sense. If this happens than GC wait will not pigeon hole people's career in one job and allow them to grow and contribute to economy.
To prevent this we should work towards an administrative fix that once the 485 application is pre adjudicated the applicant should be left alone and not issed any Employment verification letter rfe, or semilar\same job restrictions if they are back logged because of country quota and face multiple year wait.
Instead of Interim GC we should demand that once Labor and I-140 is approved remove the restriction wherein a person has to stay in same job type until GC approved in other words allow the person to take any job while I-485 is pending. This will be a big benefit and logically makes sense. If this happens than GC wait will not pigeon hole people's career in one job and allow them to grow and contribute to economy.
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sunnymit
07-30 02:37 PM
I met this dude in Secaucus (NJ) Walmart yesterday. I was looking for an ice-cream so he pretended to do the same. Smiled at me once and then just as I was walking away from the ice-cream sections comes over with a very nice hello. Started talking to me "as they always do" but I think this time he forgot where he was. First asked me "Do you know where is a Walmart around here?", quickly realized he is in one right now, checked, and continued, "I mean, this is one but do you know another one around here?". Then "Do you know when this closes", "Is this 24/7 walmart". I mean.. seriously dude! You think I am the best person to answer those questions for you - why? Best of all, he says he just moved here from Harrison (NJ) which is like 5 miles from the Walmart he was in!
Totally confused this guys, me thinks :)
Totally confused this guys, me thinks :)
GCwaitforever
02-14 04:15 PM
[QUOTE=gjoe;223388]How many of us who contributed to IV mentioned that in the AOS application form I485. I guess you are supposed to disclose your affiliation to IV, atleast when you are a contributing member. If this is true most of us will automatically disqualify for a GC because we failed to disclose information truthfully
I did! full disclosure....:)
I could be a member of drink-raw-milk Club. Am I supposed to declare that on I-485? ;)
I did! full disclosure....:)
I could be a member of drink-raw-milk Club. Am I supposed to declare that on I-485? ;)
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sumagiri
07-23 11:25 AM
I am estimating around 75K EB2 AOS approvals this year. Please check my analysis here. The analysis is based on statistics, testimonies, and spill over from FB to EB as estimated by Ron Gother. The analysis was couple of months old. I believe it still stands.
http://immigrationvoice.org/forum/showpost.php?p=246481&postcount=1422
Apart from total number of EB2 visas this year, one thing that is crucial here is how many visas are already used up. And thus how many visas are left for this year.
In the USCIS testimony, it was stated that they already used up 65% of the "target" in 5 months. Assuming, they used up atleast 30% more in next 5 months, there is only 5% to 10% of visas left over from their "target" number of visas. Did their "target" included spill over? No one knows. Knowing that will put us in better position to estimate the PD progress.
Though the EB2 moved until June 2006, I am hoping that most of the people before 2005 March should get approved. In that case, even if it retrogresses, it will fall back to March 2005. Once we reach March 2005, we have all statistics from DOL. So, would be easier to estimate.
http://immigrationvoice.org/forum/showpost.php?p=246481&postcount=1422
Apart from total number of EB2 visas this year, one thing that is crucial here is how many visas are already used up. And thus how many visas are left for this year.
In the USCIS testimony, it was stated that they already used up 65% of the "target" in 5 months. Assuming, they used up atleast 30% more in next 5 months, there is only 5% to 10% of visas left over from their "target" number of visas. Did their "target" included spill over? No one knows. Knowing that will put us in better position to estimate the PD progress.
Though the EB2 moved until June 2006, I am hoping that most of the people before 2005 March should get approved. In that case, even if it retrogresses, it will fall back to March 2005. Once we reach March 2005, we have all statistics from DOL. So, would be easier to estimate.
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lipstickonuscis
09-23 12:24 PM
Nixtor,
I am wondering if they will be eligible for exemption too. I am sure some of us have already taken the risky plunge and bought a house.
I am wondering if they will be eligible for exemption too. I am sure some of us have already taken the risky plunge and bought a house.
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alterego
12-14 04:08 PM
Visa wastage in the era of massive visa demand is our best argument and visa recapture is our most legitimate request(along with administrative fixes outlined previously). As a side point, most of AC21 recaptured visas went to oversubscribed countries until they ran out in 2005. They lasted almost 4 yrs. If we were to get a similar number, I suspect they may only last 2 yrs this time, but nevertheless, it will last until legislators have a chance to look at this thing again.
If we can achieve this, we will get most of what we need until this immigration debate rages again in 2009/2010.
Changing the entire system is frankly beyond the scope of our limited resources as well as takes this issue into an area of much hostility and feeds into the innate fears of Americans. I really can't see the sense in that.
If we can achieve this, we will get most of what we need until this immigration debate rages again in 2009/2010.
Changing the entire system is frankly beyond the scope of our limited resources as well as takes this issue into an area of much hostility and feeds into the innate fears of Americans. I really can't see the sense in that.
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gomirage
07-13 11:01 PM
Good luck with your plan. I personally regret that I didn't do this earlier. But it's never too late.
I have two interviews lined up in August for jobs in the Vancouver area. I will move in a heartbeat if the opportunity arises. At this pace bye the time I get american green it will probably be useless for me, because my prime years would be gone. I'm tired of leaving on temporary plans for the rest of my life. Good luck to everybody.
I have two interviews lined up in August for jobs in the Vancouver area. I will move in a heartbeat if the opportunity arises. At this pace bye the time I get american green it will probably be useless for me, because my prime years would be gone. I'm tired of leaving on temporary plans for the rest of my life. Good luck to everybody.
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pointlesswait
09-15 03:57 PM
with everyone worried abt the economy and health reforms.. Immigration reforms are toast this year.
While we must pursue the overall reforms,
i suggest that we also seek temporary relief seeking lifting of the ban on filing for 485 for the next 2-3 months... this will help most EB3 and EB2 (I/C/) who missed the 2007 window.
What are the chances of such a relief being provided?
Will a mail campaign work?..plz raise your hand if you are interested..;)
While we must pursue the overall reforms,
i suggest that we also seek temporary relief seeking lifting of the ban on filing for 485 for the next 2-3 months... this will help most EB3 and EB2 (I/C/) who missed the 2007 window.
What are the chances of such a relief being provided?
Will a mail campaign work?..plz raise your hand if you are interested..;)
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sk2006
04-01 07:37 PM
Some time back when I asked my chinese colleagues to join IV they commented that immigrationvoice.org is an "indian" immigration forum...
No wonder they felt that way.
No wonder they felt that way.
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alisa
07-03 11:33 PM
Dear Senator XXX,
USCIS and DOS played a cruel and gut-wrenching joke with the lives and feelings of hundreds of thousands of employment based greencard applicants.
At first, DOS announced that visa numbers were available for July 2007, and so all applicants could apply for Adjustment of Status.
Hundreds of thousands of applicants, with high hopes, went through hardships collecting documents and spent money in the month of June. People flew in their families from outside United States, and cancelled trips so that they could file for AOS.
However, on July 2nd, the first day that USCIS could accept the applications, DOS declared that the visas were unavailable, and USCIS announced that they would reject all applications.
How did this happen?
USCIS worked feverishly to issue greencards, so that it did not have to deal with the applications that were going to be filed in July. According to unconfirmed reports, USCIS gave out 18000 employment-based greencards in the last day of June. USCIS does not even succeed in giving out 140K employment-based greencards in any given year.
Please see this:
http://www.prlog.org/10022648-no-celebration-for-thousands-of-highly-skilled-future-americans-this-july-4th.html
And this:
http://www.forbes.com/feeds/ap/2007/07/02/ap3879453.html
And this:
http://www.nytimes.com/2007/07/04/us/04visas.html?ex=1341201600&en=fbf9eb2e25eac42e&ei=5124&partner=digg&exprod=digg
It is being suggested, though it still remains to be confirmed, that USCIS actions were either illegal, or a lapse in national security.
http://blogs.ilw.com/gregsiskind/2007/07/full-blown-scan.html
Representative Lofgren has issued letters to Secretaries Chertoff and Rice asking them to explain the behaviors of their departments.
http://lofgren.house.gov/PRArticle.aspx?NewsID=1808
We hope that you would also demand answers from USCIS and DOS. We also hope that congress would pass legislation to ease the pains of the employment based greencard applicants, like SKILL bill.
I look forward to hearing from you, and will gladly post your response publicly to share with other employment-based greencard applicants.
USCIS and DOS played a cruel and gut-wrenching joke with the lives and feelings of hundreds of thousands of employment based greencard applicants.
At first, DOS announced that visa numbers were available for July 2007, and so all applicants could apply for Adjustment of Status.
Hundreds of thousands of applicants, with high hopes, went through hardships collecting documents and spent money in the month of June. People flew in their families from outside United States, and cancelled trips so that they could file for AOS.
However, on July 2nd, the first day that USCIS could accept the applications, DOS declared that the visas were unavailable, and USCIS announced that they would reject all applications.
How did this happen?
USCIS worked feverishly to issue greencards, so that it did not have to deal with the applications that were going to be filed in July. According to unconfirmed reports, USCIS gave out 18000 employment-based greencards in the last day of June. USCIS does not even succeed in giving out 140K employment-based greencards in any given year.
Please see this:
http://www.prlog.org/10022648-no-celebration-for-thousands-of-highly-skilled-future-americans-this-july-4th.html
And this:
http://www.forbes.com/feeds/ap/2007/07/02/ap3879453.html
And this:
http://www.nytimes.com/2007/07/04/us/04visas.html?ex=1341201600&en=fbf9eb2e25eac42e&ei=5124&partner=digg&exprod=digg
It is being suggested, though it still remains to be confirmed, that USCIS actions were either illegal, or a lapse in national security.
http://blogs.ilw.com/gregsiskind/2007/07/full-blown-scan.html
Representative Lofgren has issued letters to Secretaries Chertoff and Rice asking them to explain the behaviors of their departments.
http://lofgren.house.gov/PRArticle.aspx?NewsID=1808
We hope that you would also demand answers from USCIS and DOS. We also hope that congress would pass legislation to ease the pains of the employment based greencard applicants, like SKILL bill.
I look forward to hearing from you, and will gladly post your response publicly to share with other employment-based greencard applicants.
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vjkypally
09-17 04:37 PM
I do not think it would be 10,000 primary. Probably around 3000 ~ 5000 primary applications. But if you consider dependents yes we may be talking about nearly 10,000 EB2I visas.
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angelfire76
05-29 09:19 PM
http://www.foreignlaborcert.doleta.gov/pdf/fraud_faqs_07-13-07.pdf
Specifically this provision applies to Cognizant
Willful provision or assistance in the provision of false or inaccurate information for an application for labor certification;
Yeah but EB1 does not even need labor certification. So you can't apply the willful misrepresentation. What we can apply willful misrepresentation is in the 140. Also since EB1 is current , these guys also apply 485 at the same time and get EAD and AP.
Specifically this provision applies to Cognizant
Willful provision or assistance in the provision of false or inaccurate information for an application for labor certification;
Yeah but EB1 does not even need labor certification. So you can't apply the willful misrepresentation. What we can apply willful misrepresentation is in the 140. Also since EB1 is current , these guys also apply 485 at the same time and get EAD and AP.
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Winner
09-23 01:36 PM
Has anybody really tried to get a mortgage recently? I have been denied by 8 lenders so far simply because I don't have a green card. Most lenders have tightened their underwriting guidelines. They will give mortgages only to U.S.Citizens or somebody who is a permanent resident aka having a green card. There are very very few lenders who will give mortgages to somebody on a visa and the rates may not be very favorable.
I used www.MemberhomeLoan.com
I used www.MemberhomeLoan.com
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rick_rajvanshi
05-25 11:21 AM
Is there a site that gives step by step instructions to filing for canadian PR? Like what sort of documents you need and when?
Go to CIC web site and download all the forms and instruction book you need in pdf - Fill them yourself - Pay fees - Follow instructions which come after filing - Simple process.
start here http://www.cic.gc.ca/english/immigrate/index.html
Go to CIC web site and download all the forms and instruction book you need in pdf - Fill them yourself - Pay fees - Follow instructions which come after filing - Simple process.
start here http://www.cic.gc.ca/english/immigrate/index.html
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immi_seeker
09-17 05:47 PM
I think it is between 3000 and 3500, with depended this comes to 7500.
In 2008, 10% of these already got approved.
Some 10% may have abandon application or used other priority days (porting).
Some 5% may have used cross-chargeable
So we are looking at a number close to 5000-6000 for Jan-March 2005.
So assuming the worst case of 10k including applicants and another 5k for the PERM PDs in 2005, it seems if we have 15k spill over , PD will easily surpass 2005. Considering the slow economy and rare Eb filings , that spill over number could be a very possible number
In 2008, 10% of these already got approved.
Some 10% may have abandon application or used other priority days (porting).
Some 5% may have used cross-chargeable
So we are looking at a number close to 5000-6000 for Jan-March 2005.
So assuming the worst case of 10k including applicants and another 5k for the PERM PDs in 2005, it seems if we have 15k spill over , PD will easily surpass 2005. Considering the slow economy and rare Eb filings , that spill over number could be a very possible number
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nuke
01-13 02:27 PM
I think IV should get a new law introduced which changes the surplus visa trickle down policy so that equal number or visas gets distributed between EB3 & EB2. This law will have maximum possibility of getting passed.
Macaca
02-18 12:20 PM
One consideration is that majority of Indians coming to US have a plan to leave within a certain time period or after a certain goal saving whatever amount...
I had that kind of goal too...But after 5-6 years the considerations change....
Also all arguments came out of UnitedNations unfortunately are already present and deep seated in a very large %age of our compatriots....That is the main reason behind the less mobilization......
Also the situations are changing in homeland...The value of a green card had dropped in the eyes of a large number of people....This situation of people lining up for green cards would change in a few years...especially if the economic growth keeps the tempo it has....
I don't know the context of the above explaination. It is no explanation for the following (I have truck loads of them) which is posted nearly once/day. Many such opinions may not be posted.
Forget contributions - find other ways to survive......
A lot of people, including me have lost faith in IV. They are not going to pay. We don't know what IV is working on and we don't believe it can do anything. The sooner IV accepts it, the better. I have seen this personally in talking to people and you can see the evidence with less than 300 people contributing. IV needs to produce results first.
And today, some of our members, when they call us, block their caller ID. God knows what they are afraid of.
I had that kind of goal too...But after 5-6 years the considerations change....
Also all arguments came out of UnitedNations unfortunately are already present and deep seated in a very large %age of our compatriots....That is the main reason behind the less mobilization......
Also the situations are changing in homeland...The value of a green card had dropped in the eyes of a large number of people....This situation of people lining up for green cards would change in a few years...especially if the economic growth keeps the tempo it has....
I don't know the context of the above explaination. It is no explanation for the following (I have truck loads of them) which is posted nearly once/day. Many such opinions may not be posted.
Forget contributions - find other ways to survive......
A lot of people, including me have lost faith in IV. They are not going to pay. We don't know what IV is working on and we don't believe it can do anything. The sooner IV accepts it, the better. I have seen this personally in talking to people and you can see the evidence with less than 300 people contributing. IV needs to produce results first.
And today, some of our members, when they call us, block their caller ID. God knows what they are afraid of.
unitednations
02-14 04:00 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..
I have come across many people in the last few years from all sorts of countries. Russian, Korean, African, British, Brazilian, Colombian, etc,; although everyone wants their greencards yesterday; it appears to me that the indian nationals are the most hungry for it. It is a generalization but I am just speaking from my experience on this.
How do you know what the "intention" was of the lawmakers that recaptured visas are supposed to go to the retrogressed countries. If that was the case they would have gotten rid of the 7% limitation along with the recapture.
Most people who come on h-1b are Chines and indian. There was also close to 200,000 visitor visas approved in 2005 from India. Makes sense because there is a lot of population there. However; it would be short sited to think that there are minimal 245i applicants from India. There actually is a very large number of them. The biggest status violators are people who come on visitor visas from non visa waiver countries. The status violators either get greencard through marriage or through 245i.
Although as a business person I look at skill rather then nationality; I do know enough about immigration that there is a good purpose behind country limits. Foreign nationals will prefer their own people for h-1b; they will look for their friends, cousins, brothers, sisters, wives, relatives, etc. and bring their own country people here. Therefore, it is not an "open market" on skill people from all parts of the world. The country quota is the equalizer because of this.
The cultural aspect of south asians is also hurting retrogression. Most people who come here on H-1b are out of school and generally single. People from non south asian countries or muslim countries will find their spouse here. However, someone on h-1b from south asian country or muslim country will get arranged marriage after being here for 4 to 6 years and then spouse gets counted against the quota at the expense of a skilled worker who may have had a later date. I a m not saying this is wrong because it is a cultural issue but is confined to certain countries.
Regarding eb2 and eb3. This is also something that is quite comical. This is an area where immigration law hasn't kept up business practices. Pre H-1b you got greencard upon initial entry into USA. Department of labor rules were that you couldn't use the experience gained by your sponsor. It was never envisioned that people would come here on h-1b and hop/skip between employers. It has caused an end run around what the DOL rules were supposed to be. You shouldn't be able to gain experience in USA and then use that unfair advantage to knock out an american for that job. EB2 and EB3 differentiation would go away if you couldn't use the experience gained in USA. Just about everyone would be in eb3. Anyone who is here on h-1b generally already has or will have 5 years of experience and can go right to eb2.
People who are working at companies which aren't dominated by immigrants would have a difficult time satisfying themselves that the job requires a bachelors degree plus five years or masters degree. However; if you work at a staffing company you go straight to eb2 because that is what is needed to keep you there (remember, it is supposed to be the minimum requirements for the job). If software engineer or programmer analyst minimum requirement is masters or bachelors plus five then company is saying that is the "minimum" job requirements. However, if it is the "minimum" requirements then how are companies getting people here on h-1b who only have a bachelors degree?
Although people like to say "immigration system is broken" it can mean two things. From greencard wannabes; it is too much red tape, not friendly enough, etc. From other side it is broken because it is not being used as its intended purpose. You can mark my words that if/when rules are relaxed on h-1b or quota; you will see a whole bunch of enforcement with it. It actually is already happening at the consulates; department of labor and revocations of 140's by companies who are sponsoring too many people.
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..
I have come across many people in the last few years from all sorts of countries. Russian, Korean, African, British, Brazilian, Colombian, etc,; although everyone wants their greencards yesterday; it appears to me that the indian nationals are the most hungry for it. It is a generalization but I am just speaking from my experience on this.
How do you know what the "intention" was of the lawmakers that recaptured visas are supposed to go to the retrogressed countries. If that was the case they would have gotten rid of the 7% limitation along with the recapture.
Most people who come on h-1b are Chines and indian. There was also close to 200,000 visitor visas approved in 2005 from India. Makes sense because there is a lot of population there. However; it would be short sited to think that there are minimal 245i applicants from India. There actually is a very large number of them. The biggest status violators are people who come on visitor visas from non visa waiver countries. The status violators either get greencard through marriage or through 245i.
Although as a business person I look at skill rather then nationality; I do know enough about immigration that there is a good purpose behind country limits. Foreign nationals will prefer their own people for h-1b; they will look for their friends, cousins, brothers, sisters, wives, relatives, etc. and bring their own country people here. Therefore, it is not an "open market" on skill people from all parts of the world. The country quota is the equalizer because of this.
The cultural aspect of south asians is also hurting retrogression. Most people who come here on H-1b are out of school and generally single. People from non south asian countries or muslim countries will find their spouse here. However, someone on h-1b from south asian country or muslim country will get arranged marriage after being here for 4 to 6 years and then spouse gets counted against the quota at the expense of a skilled worker who may have had a later date. I a m not saying this is wrong because it is a cultural issue but is confined to certain countries.
Regarding eb2 and eb3. This is also something that is quite comical. This is an area where immigration law hasn't kept up business practices. Pre H-1b you got greencard upon initial entry into USA. Department of labor rules were that you couldn't use the experience gained by your sponsor. It was never envisioned that people would come here on h-1b and hop/skip between employers. It has caused an end run around what the DOL rules were supposed to be. You shouldn't be able to gain experience in USA and then use that unfair advantage to knock out an american for that job. EB2 and EB3 differentiation would go away if you couldn't use the experience gained in USA. Just about everyone would be in eb3. Anyone who is here on h-1b generally already has or will have 5 years of experience and can go right to eb2.
People who are working at companies which aren't dominated by immigrants would have a difficult time satisfying themselves that the job requires a bachelors degree plus five years or masters degree. However; if you work at a staffing company you go straight to eb2 because that is what is needed to keep you there (remember, it is supposed to be the minimum requirements for the job). If software engineer or programmer analyst minimum requirement is masters or bachelors plus five then company is saying that is the "minimum" job requirements. However, if it is the "minimum" requirements then how are companies getting people here on h-1b who only have a bachelors degree?
Although people like to say "immigration system is broken" it can mean two things. From greencard wannabes; it is too much red tape, not friendly enough, etc. From other side it is broken because it is not being used as its intended purpose. You can mark my words that if/when rules are relaxed on h-1b or quota; you will see a whole bunch of enforcement with it. It actually is already happening at the consulates; department of labor and revocations of 140's by companies who are sponsoring too many people.
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