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  • pamposh
    12-14 03:27 PM
    So that interprets to "7% limit for every country" - seems to be "Equality"

    does not seem "Equality" at all, not to me.

    as most of us here, I think this is something we should explore. I think this is a complete discrimination and if US wants to limit/diversify within EB category as well (which I think is absurd to start with, because this is employment based, all that should count is your credentials/education... ) then it should be somehow proportionate to the country size/population as well.





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  • maalelsi
    02-12 06:09 PM
    :DI just got home from work and logged in and I thought I was dreaming !!!!!
    My priority date is June 2003!!!!! I already have approved petition and AOS. When should I be expeting my GC in the mail considering no need to wait for FBI check any more ?





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  • longq
    02-13 06:17 PM
    As a business person; I don't agree with country limits. I understand why they are there but I don't think they should be.

    Continuous recapture of unused visas is a good goal. It makes sense and isn't a controversial topic.

    Regarding: Goals - very few people look out for the greater good of everyone. I myself think if I was looking out for the greater good of everyone; I wouldn't focus on EB relief but rather other areas of immigration (greencard holder spouse issue; dream act, undocumented, etc.). Don't jump on me for saying this but I had written in another posting that of all the people who are disadvantaged with immigration; it would appear that eb candidates are the least disadvantaged of all.

    In my view, EB are more disadvantaged in current situation. For a young person with PD 2006 (EB3-India) having approved 140, cannot imagine to file a 485 before he retires. Is it practically possible for him/her to maintain employer-employee relationship till him/her able to file 485? Is it make any sense, condition of LC/140 will hold well after 20 years, when a visa number available to him/her?

    In family based system, even after 20 years brother-sister or parent-child relationship will be maintained. No need for them to worry about 130 withdrawal of sponsor. In most family based immigration, chain migrants are coming to USA not for family-reunification; they are coming for work/job. There is no labor certification for them.





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  • bayarea07
    09-24 07:27 PM
    Interesting Analysis from Greg Siskind

    http://blogs.ilw.com/gregsiskind/

    COULD ELECTION YEAR POLITICS HELP RECAPTURE BILL'S CHANCES?
    Yesterday, I wrote about a great bill that was introduced by Senator Menendez that would recapture hundreds of thousands of unused green card numbers, ease the strict per country limits that cause long lines for nationals of some countries and also make it easier to get a waiver when someone is subject to an unlawful presence bar.It also changes the definition of an "immediate relative" to include spouses and children of permanent residents, a provision which would be wildly popular in the Hispanic community since it would cut out the multiyear waits typical in the Family 2A category.

    And, oh yeah, there's another bill that people are talking about. The E-Verify program (DHS' much discussed electronic employment verification system) expires in November.

    E-Verify is the heart of the entire enforcement agenda for the antis and with Congress set to adjourn in the next week or so and with the distinct possibility that this will put off all legislation until next February or so when the new Congress comes in, getting E-Verify extended in the next few days is a huge deal. A five year extension has passed the House already. The Senate has done nothing yet.

    So it was with great interest that I read in yesterday's CQ Today print edition that Senator Menendez is blocking the E-Verify reauthorization bill in order to force consideration of the recapture bill. The article describes Republicans as being infuriated and saying that the recapture bill is a nonstarter and demanding Senate Majority Leader Harry Reid bring up a clean E-Verify extension bill.

    On the House side, interestingly, the recapture bill was set for a markup in the Judiciary Committee yesterday and Congressman Conyers abruptly adjourned the hearing after a bill barring horse slaughtering was finished yesterday. According to my sources, several members of the Committee were shocked that the markup on the recapture bill didn't happen even though Conyers is a strong backer of the measure. Strange.

    So that has me speculating. Is something cooking with the Democratic leadership and the Obama campaign? I think the Democrats smell blood. They know John McCain is in trouble with Hispanic voters based on recent polling data. He's polling anywhere from 10 to 20 points worse than Bush did in 2004 and the Hispanic vote partially explains why Obama finds himself ahead in places like New Mexico and Colorado, states Bush won in 2004. Erosion of support in the Hispanic community could also cost McCain Florida, a state McCain cannot lose if he has any chance of winning the election.

    As I reported earlier this week, the McCain campaign and congressional leaders have been clamping down on the anti-immigrant wing of the party. You didn't really think these folks suddenly decided they no longer care about this issue, did you?

    What I don't think is a coincidence is the sudden reemergence of immigration in the presidential debate. Suddenly, Obama is blasting McCain on immigration and looking for more and more forums to make his claim that he's pro-immigration and his party's solidly behind him. And he's quick to remind Latinos that John McCain turned his back on them and denounced his own comprehensive immigration reform bill, something that Latino voters are now saying is one their top priorities.

    McCain is asking Latino voters for a do-over and claiming that he was only pandering to his base. He was always pro-immigration. It's just politics, you understand.

    As you might expect, this message is not selling particularly well. And Democrats know it. They also know that with the economy in free fall, most Americans are not thinking that much about immigration anymore and the issue has dropped back to its historically low rank on issues of concern to the typical voter. So Democrats can be more visibly pro-immigration without having to fear negative consequences.

    You probably see where this is going. Provoking a confrontation over immigration with Republicans in the month of October can only have good results. Democrats might actually pass a bill they really want. And they score politically as well.

    There's no time to bring up a massive comprehensive immigration reform bill between now and the election. Something smaller and simpler, but what? Oh wait, there's that recapture bill! And there's that must pass E-Verify bill. Now there's a great way to put immigration back on the front pages. Link the two and force Republicans to vote no on a pro-immigration bill likely to have a hugely positive impact in the Hispanic community if they want the E-Verify program to survive. If the Democrats can keep the two bills linked, Republicans who can't stomach more immigration will have to vote no on E-Verify, something they'll have trouble explaining to their constituents. And Republicans who think E-Verify is too important to die, will help deliver a win on the recapture bill.

    And in the mean time, McCain will have to openly confront the angry antis in his party. Some of the hardliners in his party will call the provisions easing the unlawful presence waivers to be a "back door amnesty." If McCain goes against them, he'll be seen as a liar by the people in his party who he promised that he would not support an "amnesty" without enforcement first. And if he votes with the antis, it will be all the Hispanic community needs to hear to confirm they're right to support Obama.

    October could be interesting.



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  • illusions
    05-11 05:05 PM
    Correct! And it is not even a "Civil War". It is really a war ti erradicate terrorism from Sri Lankan soil. The term Civil War refers to a war between people in a country. The SL government is not waging a war against it's Tamil citizens but against a terrorist group.

    my bad, what i meant was war. Jerrome that reports is one sided, bias and is opinionated.





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  • chanduv23
    02-13 12:16 PM
    its been a while i read the forums..

    well... well !! chandubhai finally cooled down and talking wisdom :-)

    well "the intent is the same" :) just following some wonderful advices from some good samaritans :)

    But I will always stand on what I would like to see - What I want to see is UNITY among the community and I will be more happy if more and more people stand up and support the efforts.



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  • Rajkrish9
    09-18 10:12 AM
    Hi,

    This is regarding switching job from one role to different role

    Currently I am working for an Employer A in consulting position ie., Senior Developer Role. Current Project is ending in Dec'2008

    Now I am planning to move to a different role of Management (Project Manager) to Employer B.

    what would be the better way of doing for the above said role.

    My current H1B is expiring on Nov'2008 (Six year term). I have to ask my employer to do the extn. But the employer doing is very minimal.
    I have applied EAD in Aug'2008. - I am not sure when this will arrive.

    Now I am into the state of More confusion. I couldn't able to do anything as far as in terms of career path.

    Would like to enlighten some thoughts on this situation and Thanks in Advance.

    Regards,
    Raj.





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  • Rb_newsletter
    01-13 03:52 PM
    THIS IS BIG AS 30-40% OF PEOPLE WHO WORK IN THIS CONTRY ARE RENDERING SOME KIND OF CONSULTING SERVICE TO THE CLIENTS. ALL DESI CONSULTANTS ARE DOOMED FOR GOOD.


    In this country it is not the H1bs alone do consultanting/contract. Many staffing companies are there, and even individuals have their own companies and go for contract jobs. I have seen many prefer contract jobs because they make more money when compared to full time. If American businesses got used with consulting/contract even without H1bs, then why this department do not want to accept the practice. Why should small consulting companies get affected?



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  • H1BinNY
    07-04 09:46 AM
    Anybody who got contact at NPR or anybody who want to take a challenge and work on contacting NPR and telling them about our story.

    http://www.npr.org/about/pitch/

    NPR - this might help

    Matt Gallivan
    mgallivan@npr.org





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  • soulat
    10-03 11:24 AM
    Hello,

    Firstly, thank you to the attorney for taking the time to answer our questions and to Immigration Voice for facilitating this process.

    Dear attorney,

    Is the "P" visa category considered a dual intent visa category? Meaning can someone on a P visa apply for permanent residency?

    If yes, then is the permanent residency process for a P visa holder the same as someone on an H visa? i.e., get LC, I-140 and then apply for I-485?

    Thank you in advance for your reply.

    Best wishes to you!



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  • nfinity
    07-04 08:51 AM
    Dugg the links, posted to the board. What other action items do we have?





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  • eager_immi
    07-12 10:20 AM
    I think this all depends on individual application. I got a letter stating "no further documents were needed." I did not submit any TOEFL scores. I just sent them a letter detailing that my husband and I work for Fortune 500 and have been in the US for over 10 years. I also stated that my daily work includes interacting with high level executives, c-suite folks all the time. My work entails writing reports, issuing memorandums etc. My letter from employer also stated that my ability to communicate in English is equivalent to a native speaker. But I know sometimes it does not work it all depends on the individual who is accessing your case. Just one pointer make sure the letter is well written, free of grammatical errors, and you have spent several hours editing and re-editing it. I have seen lots of posts where people have uploaded the letter they sent to the embassy, but the English was very poor.

    They asked me to submit IELTS test results inspite of submitting TOEFL score (108/120) and english proficiency letter.



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  • ganguteli
    06-04 03:28 PM
    The EAD/AC21 is still only available to those who are July 07 filers. There are many who have missed the oppurtunity. What many people are asking for is for something such that anyone can change a job after some given time, irrespective of Visa number availability. Even for those with EAD's, you are still restricted to be in the same field. So if you want a career move and do an MBA or acquire new skills to change your career, you cannot do that (unless EAD is for a dependent). If this is not pigeoning people, what is.

    No point trying to get EAD for non AOS filers.

    We should rather ask for faster processing of applications, transparency and more accountability.

    EAD also has lot of restrictions and our goal should be faster green cards through faster processing and more visa numbers.





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  • srkamath
    07-30 09:10 AM
    this makes no sense (with all due respect to Mr Gotcher). He basically claims that PD has been moved to allow CP cases to be processed faster to avoid visa number wastage.. However he also says that there is a huge backlog of AOS cases. Looking at how many CP cases are being called for interview in mumbai and delhi (low hundreds) I dont see how CP alone can help avoid a big wastage of visas. If USCIS is still 20k short, then its the massive pile of AOS cases they should be using, just like they did last year.

    Also, if they waste visa numbers this year, it would be really gross incompetence. EB2-India has gone all the way from 2000 to 2006 this year. They slack off at the start of the year, then scramble in the end. I dont know why they follow this approach knowing full well that right at the end it puts them in a soup.

    This Ron Gotcher guy does not seem to get it.... he has an agenda, I dont buy his logic. It is unlikely that ~ 50 cases at consular posts are enough motivation to move dates forward by two years.

    It took roughly one year for EB2-I dates to advance beyond April04 from the time it first got to April 04.
    We know 2005 is a lean year.
    It is likely that it will take almost a year before EB2-I dates advance beyond June06.
    Those with PD < June06 that do not get a GC by Sep08 can expect to get it by Sep 09. Until then we will see some short term swings between 2003 and 2006.



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  • India_USA
    06-15 10:13 AM
    Predicting visa bulletins is a futile effort. We should find a constructive way of passing our time that will actually bring about some changes.
    Just my thoughts......





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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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  • unitednations
    02-13 03:34 PM
    I interpreted that as allowing a country to go over the overall 7% limit in the total EB categories.....Which conforms to what USCIS did in 2005....USCIS allowed much larger than 7% from India that year...and they were within law...( Of course that can be litigated against if someone raises an objection ......)

    So if my interpretation applies and after reform there are 290K total visas available then there is a decent chance of EB2/EB3 India China to at least come to 2005 PD levels if not current...


    If they changed the law to have 300,000 visas but there is 400,000 people going for greencard; then there would still be retrogression. The unused visas from ROW would not get allocated quarterly but in the fourth quarter.





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  • miguy
    03-20 08:10 AM
    Please see answers in blue below


    You are welcome.


    As much as I see you guys choosing Canada as an option, I also see you misusing that option. If you really want to select Canada as an option then you are better of moving to Windsor and working in Detroit. If you show a canadian address (that means you are living in canada), you should also pay canadian taxes (based on your US income). Just showing a canadian address is no good if you don't pay canadian taxes.





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  • onemoredesi
    05-19 01:12 PM
    Thx for the info.. knowDOL. Could you pls suggest me where you found that information (reg EB3 not coming under the cap).
    Also, I have not received my 45 day letter so far.. don't know how long it is going to take..

    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.





    anai
    06-27 12:48 PM
    Three facts, followed by one interpretation.

    First: several members (incl self) have checked with their own lawyers and these lawyers tend to agree with the common interpretation of validity for entire month. And at least some of these are lawyers with many years of practice.

    Second: Fragomen, the largest immigration law firm, on its website mentions the mid-month possibility; so while there is no government source, the whole topic cannot be dismissed as an unfounded rumor.

    Third: Macaca keeps cutting and pasting from the ombudsman's report in many different colors.

    My interpretation:
    The mid-month concept seems to be a matter of opinion. Multicolor posts notwithstanding, there's nothing official on this matter so far. (I emailed the state department seeking an answer; not surprisingly, I haven't heard back. If anyone else can get something from the horse's mouth, then post it here. If you can get stuff only from the other end of the horse, then maybe there's isn't much pointing in driving a general panic.)





    MYGC2008
    09-24 10:24 AM
    There won't be any spillover to EB3 unless EB2 ROW becomes current.

    Based on following link:

    http://www.uscis.gov/USCIS/New%20Structure/2nd%20Level%20%28Left%20Nav%20Parents%29/Green%20Card%20-%202nd%20Level/Pending%20Form%20I-485%20Reports.pdf

    28.6%/5 = 5.72% for EB3-India + Spillover from EB2 and EB1, not more than 10,000 of which to "Other Workers".
    28.6%/5 = 5.72% for EB2-India + spillover from EB1
    28.6%/5 = 5.72% for EB1-India + spillover from EB4 and EB5


    Each category is 28.6% WW Quota.

    WW Quota consists of 5 country specific sub-quotas 1)India 2)China 3) Mexico 4) Philipines 5)ROW.

    Based on page 1, I do math as under for Philippines categories.
    -------------------------------------------------------------------------------------

    1) Quota for EB4 -->7% x 140000/5=1960, Pending: 70 Quota to be spilled over to EB1= 1890
    2) Quota for EB5 --> 7% x 140000 / 5 = 1960, Pending: 0 Quota to be spilled over to EB1 = 1960
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1890 + EB5 spillover 1960 = 11858 - pending 74 = Total
    11784 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 11784 =19792, Pending: 510, So total 19282 VISA numbers will be spilled
    over to EB3.
    5) Quota for EB3 --> 5.72% x 140000 = 8008 + 19282 spill over =27290 - 11563 Pending = 15727 VISA extra.
    6) �Other Workers� � Pending: 264 TOTAL UNUSED VISAS = 15727-264 = 15463 UNUSED VISAS will go to the quota
    of other countries.


    Based on page 3, I do math as under for ROW categories.
    ------------------------------------------------------------------------------

    1) Quota for EB4 -->7% x 140000/5=1960, Pending: 1378 Quota to be spilled over to EB1= 582
    2) Quota for EB5 --> 7% x 140000 / 5 = 1960, Pending: 40 Quota to be spilled over to EB1 = 1920
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 582 + EB5 spillover 1920 = 10510 - pending 2477 = Total
    8033 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 8033 =16031, Pending: 7150, So total 8881 VISA numbers will be spilled
    over to EB3.
    5) Quota for EB3 --> 5.72% x 140000 = 8008 + 8881 spill over =16889. Pending: 62840 -16889 = 45951 applications will
    still be pending and pushed to year 2011.

    Based on page 4, I do math as under for China categories.
    -----------------------------------------------------------------------------------

    1) Quota For EB4 --> 7% x 140000 / 5 = 1960, Pending: 384 Quota to be spilled over to EB1 = 1576
    2) Quota For EB5 --> 7% x 140000 / 5 = 1960, Pending: 13 Quota to be spilled over to EB1 = 1947
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1576 + EB5 spillover 1947 = 11531 - pending 607 =
    Total 10924 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 10924 =18932, Pending: 19333, So total 401 applications will be pushed to
    year 2011 with pending approval.
    5) Quota for EB3 --> 5.72% x 140000 = 8008 + no spillover = 8008 � 6343 Pending = 1665 visas Extra.
    6) �Other Workers� � Pending: 30 TOTAL UNUSED VISAS = 1665-30 = 1635 UNUSED VISAS will go to the quota
    of other countries.

    Based on page 5, I do math as under for India categories.
    -----------------------------------------------------------------------------

    1) Quota for EB4 -->7% x 140000/5=1960, Pending: 123 Quota to be spilled over to EB1= 1960-123 = 1837
    2) Quota for EB5 --> 7% x 140000 / 5 = 1960, Pending: 13 Quota to be spilled over to EB1 = 1960-13 = 1947
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1837 + EB5 spillover 1947 = 11792 - pending 418 = Total
    11374 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 11374 =19382, Pending: 47728, So total 28346 applications will still be
    pending for year 2011.
    5) Quota for EB3 --> 5.72% x 140000 = 8008, no spill over. Pending: 62607 -8008 = 54599 applications will still be pending
    and pushed to year 2011.

    Based on page 6, I do math as under for Mexico categories.
    -----------------------------------------------------------------------------------

    1) Quota For EB4 --> 7% x 140000 / 5 = 1960, Pending: 62 Quota to be spilled over to EB1 = 1960-62=1898
    2) Quota For EB5 --> 7% x 140000 / 5 = 1960, Pending: 0 Quota to be spilled over to EB1 = 1960
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1898 + EB5 spillover 1960 = 11866 - pending 174 =
    Total 11692 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 11692 =19700, Pending: 211, So total 19489 applications will spill over to
    EB3 category.
    5) Quota for EB3 --> 5.72% x 140000 = 8008 + 19489 spillover = 27497 � 7878 Pending = 19619 visas Extra.
    6) �Other Workers� � Pending: 8415 TOTAL UNUSED VISAS = 19619-8415 = 11204 UNUSED VISAS will go to the quota
    of other countries.


    TOTAL UNUSED VISAS = 15463 + 1635 + 11204 = 28302.

    Assuming these unused visas from Philippines, China and Mexico will be used for India, ROW equally India will benefit additional 14151 VISAS this year. Assuming all of these go to EB2 India Pushed down figure for EB2-India for the year 2011 will be 28346 � 14151 = 14195 pending EB2-I applications ready to go to year 2011.



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