same_old_guy
09-23 08:19 PM
Well, here�s some more stat : Base on GC allocation of FY 2008 (http://www.travel.state.gov/pdf/FY08-AR-TableV(Part2).pdf ),
EB1 India got 5,327 visas , EB2 India got 14,818 and EB3 India got 3,576 even though the quota was 2,803 for each preference.
As an example, I-485 pending for EB2 and EB3 India before 2006 are 17,835 and 46,334 respectively. Everything else being equal, you can take a guess how long it would take based how old the report was. Even if the report is from yesterday to be pessimistic and there are nuances, it gives some approximation unless the interpretation is totally wrong.
EB1 India got 5,327 visas , EB2 India got 14,818 and EB3 India got 3,576 even though the quota was 2,803 for each preference.
As an example, I-485 pending for EB2 and EB3 India before 2006 are 17,835 and 46,334 respectively. Everything else being equal, you can take a guess how long it would take based how old the report was. Even if the report is from yesterday to be pessimistic and there are nuances, it gives some approximation unless the interpretation is totally wrong.
wallpaper Line of Tourists Queuing Under
gcformeornot
01-13 08:55 PM
Can USCIS face legal challenges on this? It was just a memo, no law has been changed by the Government; the laws are just the same they were when they let it about a million people or so through these IT consulting companies.
Now they go back and say that was a misinterpretation of existing laws :eek:
don't you think. AC21 (the famous Yates Memo) is also a memo. People expect USCIS to follow it though.... :o
Now they go back and say that was a misinterpretation of existing laws :eek:
don't you think. AC21 (the famous Yates Memo) is also a memo. People expect USCIS to follow it though.... :o
krish2005
01-14 03:03 PM
I was tweeting with an attorney from boston. She says that the memo does not do any good for a H1B resource working at a third party site though employed under a desi consulting company. :(
2011 tourists visit Paris from
digmetalq
08-17 03:32 AM
Maybe Indians don't have balls, but there is something called cultural exchange which every country share with each another. Now if SRK decides that US immigration has mistreated him and he decides not to enter US, world is not going to fall down. Recently I heard that HOLLYWOOD wants to come BOLLYWOOD to make investments, maybe out of bussiness sense HOLLYWOOD should support SRK. Big B recently refused doctorate from Aussie unversity in support of Indian students mistreated in Australia. Maybe Indians don't have balls but they have brains.
Did I forget that we can light our bulbs.
Did I forget that we can light our bulbs.
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maximus777
06-15 12:13 PM
The original post is fine only in parts but most of it is totally crap. He says his living standard has gone down because of L1s and H1bs and herds people coming from india, Dude you need to understand that this recession has not been caused by H1b and L1s or other IT workers coming to US, its because of the real estate boom and foolishness of american people who believed that real estate prices will keep on rising to INFINITY.. i don't have to explain how this recession started i hope majority of the people knows about it.. so stop blaming IT workforce for your living standard.. another example.. just seen what happened to GM and chrysler.. they failed to understand the market for small cars and fuel efficient cars.. instead they produced gas guzzlers like hummers.. so do you think they have the brightest minds. We are in this deep shit because of the situations created by americans for themselves and now they want to blame it on legal immigrants for there wrong decisions..
I believe in destiny or lucky whatever they call it.. its not always that brightest get their GC. I wished i was that bright and intelligent person to predict July 07 fiasco but unfortunately i quit my company in Mar 07.. and i know some people who used subsititued labor in July 07 have their EADs with them. Don't think just by getting a GC or citizenship will certify that your the brightest of all still waiting in the GC queue. I am not sure how many people believe in luck... but i do. I don't matter how bright you are and how hard you work you need some luck also..
Thanks
Amen to that.
I believe in destiny or lucky whatever they call it.. its not always that brightest get their GC. I wished i was that bright and intelligent person to predict July 07 fiasco but unfortunately i quit my company in Mar 07.. and i know some people who used subsititued labor in July 07 have their EADs with them. Don't think just by getting a GC or citizenship will certify that your the brightest of all still waiting in the GC queue. I am not sure how many people believe in luck... but i do. I don't matter how bright you are and how hard you work you need some luck also..
Thanks
Amen to that.
lazycis
12-13 04:35 PM
Folks,
Since this can potentially be a great win for us, why don't we take the advice of a top constitutional attorney. I am sure the attorney will be able to tell us if we have a case. As for the cost, I think an hours time of any attorney will be peanuts compared to what we can afford.
What say LogicLife?
Thanks.
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".
Since this can potentially be a great win for us, why don't we take the advice of a top constitutional attorney. I am sure the attorney will be able to tell us if we have a case. As for the cost, I think an hours time of any attorney will be peanuts compared to what we can afford.
What say LogicLife?
Thanks.
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".
more...
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.
2010 when tourists visit Paris
kumar1
07-10 12:18 PM
Dear Friends, I had it... I am moving to Canada in the next 2 months to work for guess who? Microsoft. Came to USA in 1997 for my masters, worked at Legato, Documentum and Opentext. Had to restart my GC twrice, once as the company laid me off and next for career progression. GC is still years years away. Interviewed with MSFT last month and got an offer to work in their Enterprise Collaboration team. MSFT looked at the visa mess I was in and offered me to work in Vancouver. I get my Canadian GC in 6 months and my wife can work from day one. I am abandoning my US dream for good;guess I would be satisfied with touching my 4 year old son's American passport.
I worked for a canadian company in US and now would be working for a US company in Canada. This is globalization. True Globalization. Any for those whiners belonging to IEEE and its propoganda machine, I would like to mention that I drew salries which were above way above the norm. I am sure I would be drawing more than 2 of his programmers combined. Ron- ask your folks to learn to compete and update their skills. They probably studied studied 'history of mathematics' as a math subject in high school instead of calculus. They were happy that they had the coolest Nintendo games while many like me were burning the midnight old figuring out data structures at Berkeley.
I hope Berney Sanders and his club of the CIR days are hearing the developments. Berney, fix the broken education system for job protection rather than building fences to prevent legal workers to come to this gifted country. More companies will leave for nearshore if the mess continues. Fix the system by closing the H1B loopholes that a small percentage of companies are exploiting. Don't bad mouth the H1B system which has given you so much talent that you could have never groomed, the talented individuals who have contributed to the society, social security system and what not. Patch the holes in the fence, do not erect a higher fence for which people need to pay $ 5000 to cross. And by the way if you have the inclination and the time- fix the broken LEGAL High Skilled immigration system.
Byeusa - I read your story and felt like you have written mine. I came to USA in 2000, with a dream...a 25 year old young single guy, having a B.Tech degree from IIT Delhi, full of fire, fighting to do anything. 7 years down the line, only thing that I have earned here is a thick 25 lb bag filled with immigration papers. I avoid even looking at that bag, it makes me feel depressed. My wife, a graduate from IIT, sitting at home on H4 waiting for a day when she will get her work permit. Now I am 33, I am still doing what I was doing at the age of 25. My manager gives me 3 days to finish something and I know I can do it in 3 hours....it has become a physical job, its not a mental job anymore. This is the 3rd time, someone has applied for my green card and I am sure it will never go thoguh.
Keeping everything in perspective, my wife and I applied for Canadian PR 2 years ago and now we have gotten it. We want to move to Canada, however there are so many things.....daughter, her school, new country, culture...etc. Nevertheless, when I read your story, I felt encouraged and I am going to think harder in this area. I wish you well. God bless you!
I worked for a canadian company in US and now would be working for a US company in Canada. This is globalization. True Globalization. Any for those whiners belonging to IEEE and its propoganda machine, I would like to mention that I drew salries which were above way above the norm. I am sure I would be drawing more than 2 of his programmers combined. Ron- ask your folks to learn to compete and update their skills. They probably studied studied 'history of mathematics' as a math subject in high school instead of calculus. They were happy that they had the coolest Nintendo games while many like me were burning the midnight old figuring out data structures at Berkeley.
I hope Berney Sanders and his club of the CIR days are hearing the developments. Berney, fix the broken education system for job protection rather than building fences to prevent legal workers to come to this gifted country. More companies will leave for nearshore if the mess continues. Fix the system by closing the H1B loopholes that a small percentage of companies are exploiting. Don't bad mouth the H1B system which has given you so much talent that you could have never groomed, the talented individuals who have contributed to the society, social security system and what not. Patch the holes in the fence, do not erect a higher fence for which people need to pay $ 5000 to cross. And by the way if you have the inclination and the time- fix the broken LEGAL High Skilled immigration system.
Byeusa - I read your story and felt like you have written mine. I came to USA in 2000, with a dream...a 25 year old young single guy, having a B.Tech degree from IIT Delhi, full of fire, fighting to do anything. 7 years down the line, only thing that I have earned here is a thick 25 lb bag filled with immigration papers. I avoid even looking at that bag, it makes me feel depressed. My wife, a graduate from IIT, sitting at home on H4 waiting for a day when she will get her work permit. Now I am 33, I am still doing what I was doing at the age of 25. My manager gives me 3 days to finish something and I know I can do it in 3 hours....it has become a physical job, its not a mental job anymore. This is the 3rd time, someone has applied for my green card and I am sure it will never go thoguh.
Keeping everything in perspective, my wife and I applied for Canadian PR 2 years ago and now we have gotten it. We want to move to Canada, however there are so many things.....daughter, her school, new country, culture...etc. Nevertheless, when I read your story, I felt encouraged and I am going to think harder in this area. I wish you well. God bless you!
more...
Googler
02-18 03:17 PM
Neither of us are lawyers and I wouldn't even bother reading what you wrote. All I can say is, why don't you ask your immigration lawyer about this Class Action. Let's see what he says.
This is great -- you won't consider facts and evidence, including the fact that judges themselves are recommending class action in similar cases! Forget about considering, you won't even read a post with a different pov... (makes me wonder why you bother with the forum if even reading a post is too much work.)
My own attorney, as a matter of fact, thinks that a class action makes sense in this instance.
As lazycis points out, his attorney didn't want him to even file an individual WOM, and it turned out his attorney was absolutely wrong. The mass of evidence in WOM cases and the current Mocanu decision shows that lazycis's attorney (and other let us not disturb/question the status quo attorneys) were wrong. I should remind people again that most of our attorneys are not litigators, they are paper filers -- this dichotomy is true in most other practice areas of the law (eg: antitrust) as well.
The reason I care about this is -- if people/attorneys make up their minds without considering the facts/legal precedents, then they will not spot and/or work to figure out the legal arguments that will win the day -- the legal arguments eventually used in the WOM cases did not sprout out on day one, it was an iterative process.
This is great -- you won't consider facts and evidence, including the fact that judges themselves are recommending class action in similar cases! Forget about considering, you won't even read a post with a different pov... (makes me wonder why you bother with the forum if even reading a post is too much work.)
My own attorney, as a matter of fact, thinks that a class action makes sense in this instance.
As lazycis points out, his attorney didn't want him to even file an individual WOM, and it turned out his attorney was absolutely wrong. The mass of evidence in WOM cases and the current Mocanu decision shows that lazycis's attorney (and other let us not disturb/question the status quo attorneys) were wrong. I should remind people again that most of our attorneys are not litigators, they are paper filers -- this dichotomy is true in most other practice areas of the law (eg: antitrust) as well.
The reason I care about this is -- if people/attorneys make up their minds without considering the facts/legal precedents, then they will not spot and/or work to figure out the legal arguments that will win the day -- the legal arguments eventually used in the WOM cases did not sprout out on day one, it was an iterative process.
hair tourist, Louvre, Paris,
royus77
06-27 03:49 PM
I am sorry to say that all EB-3 and EB-2 dates have gone back to 2001. Please check DOS site.
*******You want rumor.....I will give you rumor ************
why you stopped at 2001 ......go all the way to 0 for christ sake
*******You want rumor.....I will give you rumor ************
why you stopped at 2001 ......go all the way to 0 for christ sake
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smuggymba
01-14 11:17 AM
My friend works for Deloitte & Touche and they charge $550/hr and he gets $75/hr.. so what? And he is USC.
Do you know the rates top consulting company charges? they normally starts from $400/hr+ in Accenture, PWC, KPMG, E&Y Etc and their employee's do not get paid more than 20%. Its a practice around the world.
I used to work for Big 4. I didn't care what they charged the client, I got a handsome salary with great benefits, 4 week vacation, cell fone, air card and perdiem.
Who pays 30K per annum? TCS used to pay 50K in late 90s. Are you kidding me? Who pays 30K. My friend who works for desi dalla gets 4K per month in hand after paying 900 insurance for his familiy.
No full time deloitte employees gets paid 75 per hr, it's an annual salary so they should not worry what they are charging the client. If ppl are worried abt billing rate, work as a contractor.
This is bad news for us all irrexpective of whether we work for desi dalls, Big 4 or Infosys. It can hurt us anywhere anytime based of what USCIS interprets of our application.
Do you know the rates top consulting company charges? they normally starts from $400/hr+ in Accenture, PWC, KPMG, E&Y Etc and their employee's do not get paid more than 20%. Its a practice around the world.
I used to work for Big 4. I didn't care what they charged the client, I got a handsome salary with great benefits, 4 week vacation, cell fone, air card and perdiem.
Who pays 30K per annum? TCS used to pay 50K in late 90s. Are you kidding me? Who pays 30K. My friend who works for desi dalla gets 4K per month in hand after paying 900 insurance for his familiy.
No full time deloitte employees gets paid 75 per hr, it's an annual salary so they should not worry what they are charging the client. If ppl are worried abt billing rate, work as a contractor.
This is bad news for us all irrexpective of whether we work for desi dalls, Big 4 or Infosys. It can hurt us anywhere anytime based of what USCIS interprets of our application.
hot have the tourists in Paris
snram4
01-17 10:39 AM
If you think memo is illegal you can suggest and immpress IV to file a lawsuit. If it is clearly violation of law then filing lawsuit will not be that much costly. I see your other thread for asking opinion about fighting legally. I will be surprised if a few hundred will reply for that. This issue will be alive for a few days or weeks then IV members will forget when next VB comes
Can you just shut up and get lost....which law is saying that. give us the reference.
Can you just shut up and get lost....which law is saying that. give us the reference.
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house be happy in Paris.
sodh
03-18 03:39 PM
Can somebody delete the threads where there is a question of sub. labor, I thought we are an organisation trying to reduce the backlog and not to advice how to increase it .
tattoo Tourists in Paris 18
snathan
08-15 11:44 PM
Ok, if Kasab is cut into pieces - it does not help in anyway. Kasab is a "reqruit" and personally does not have a give/take on this.
Can we let him go then...? is there any guarantee they will not recruit more and massacre more? If its Israel already mosat would have taken the preparators. If its US, Pak would have been reduced to rubble.
But India is only good to serve the mutton briyani...God save India.
Can we let him go then...? is there any guarantee they will not recruit more and massacre more? If its Israel already mosat would have taken the preparators. If its US, Pak would have been reduced to rubble.
But India is only good to serve the mutton briyani...God save India.
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pictures US Tourists in Paris 3
immigrationvoice1
02-13 12:17 PM
That is absolutely not true. Unused visas from under subscribed countries are made available to over subscribed countries.
And how do you support that argument please ?
And how do you support that argument please ?
dresses Tourists near Notre Dame de
roseball
07-10 11:29 AM
Wish you the very best byeusa......
I might be moving to Canada next summer if there is no progress in my case here...My PD is Nov 2003 EB-3...I got my Canadian PR in May 2005 and I have until May 2008 to move.....So keeping my fingers crossed..I too work for a Canadian company in US.....Wish you good luck...
I might be moving to Canada next summer if there is no progress in my case here...My PD is Nov 2003 EB-3...I got my Canadian PR in May 2005 and I have until May 2008 to move.....So keeping my fingers crossed..I too work for a Canadian company in US.....Wish you good luck...
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makeup Today international tourists
ramus
06-28 08:48 PM
There is difference... We didn't spend any money after June VB but everybody spent minimum $500 after July VB...
If they don't accept application then USCIS made govt = 500* 100,00= $ 5000000.
Sure!!!
Nothing will come out of it.
Whats the difference between God and USCIS?
Atleast God doesn't think that He is USCIS.
So, relax.
In the worst case scenario, we will be no better off in July than we are in June.
If they don't accept application then USCIS made govt = 500* 100,00= $ 5000000.
Sure!!!
Nothing will come out of it.
Whats the difference between God and USCIS?
Atleast God doesn't think that He is USCIS.
So, relax.
In the worst case scenario, we will be no better off in July than we are in June.
girlfriend more Chinese tourists in Paris
leo2606
09-23 04:34 PM
One thing, assume if it works out and 50% of the people are able to buy houses and get the GC, they are out of the queue right, so automatically the back logs are gone and the remaining people not able to buy the house will get their GCs soon.
This is not fair and good idea. what about people waiting in line for years and invested their money elsewhere because of this green card delays or those who do not have enough money and job in this market situation. All of the sudden you are brining this idea. This is not fair. This is kind of buying green card. There is a investment based green card category available for that. I request you to go through that channel if you are rich. Not all employment based green card seekers are rich. Please keep that in mind.
thanks,
aps
This is not fair and good idea. what about people waiting in line for years and invested their money elsewhere because of this green card delays or those who do not have enough money and job in this market situation. All of the sudden you are brining this idea. This is not fair. This is kind of buying green card. There is a investment based green card category available for that. I request you to go through that channel if you are rich. Not all employment based green card seekers are rich. Please keep that in mind.
thanks,
aps
hairstyles so many tourists in Paris.
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
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
Legal
07-23 12:32 PM
More likley to happen is most EB-2 upto Dec 2005 getting approved, many in early 2006 getting approved.
I am very very skeptical about the claim that USCIS moved the dates to June 2006 in a random fashion. They could have moved it to Dec 2005, but they moved it to June 2006 because they have the ACTUAL GC numbers (unlike us:)) and they have an estimate of how many could be adjudicated.
Wishful thinking? May be. But everything points to above.
I am very very skeptical about the claim that USCIS moved the dates to June 2006 in a random fashion. They could have moved it to Dec 2005, but they moved it to June 2006 because they have the ACTUAL GC numbers (unlike us:)) and they have an estimate of how many could be adjudicated.
Wishful thinking? May be. But everything points to above.
paskal
07-18 08:38 PM
Hi Paskal,
We dont have any official source of available visas for EB2 India as of now.
But based on the information availale it seems there would be about 30k visas, which are about 10 times more than what its been now (3,267 VISAS for EB2 India), available for EB2 India. Even though China shares with us for these visas, it would be minimal for china sharing as because china had already a cutoff date of Jan 2006 by Jul 2007. EB2 India has to be current pretty soon as of the increase in visa numbers allotment to almost about 10 times due to the horizontal fallout.
We need your inputs as well, on this calculation of estimated visas for EB2 India.
.................................................. ...
Originally Posted by sumagiri :
There are some significant flaws in your analysis. If you correct them, the number comes to around 25K.
First. The family spill over has to be applied to all categories. So the total number is 140,000 + 19,000.
Second. You calculated EB1/2/3 gets 1/3 which is not correct. They use only 28.6% not 33.3% This makes difference.
Third. The EB1+EB2 combined 70K already counted 9,800 visas for India. We should not add them again.
According to USCIS/DOS testimonies they will usually end up using only 95% of total quota. They go conservatively because they must ensure that they won't use up even a single visa more than what law allows.So total available is approximately 159000*.95 = 151050
Third. EB1, EB2, EB3 each will get 28.6%. Not one third (33.3%). That makes lot of difference. So each category will get around 43,200.
EB4 and EB5 combined will get around 21,449
Now again, going by statistics and your assumptions that EB1 and EB2 takes up 70K and EB4, EB5 takes up around 10K. The unused visas are
((43,200*2)+21,449) - (70,000+10000) = 27849.
So the total EB2 visa usage will be around 70K + 25K =95K.
http://immigrationvoice.org/forum/showthread.php?t=20167&highlight=vdlrao&page=7
but the spillover is done quarterly per USCIS.
we do not know how much of the stimated 20K (for India, assuming the erst is China) is already used up, assuming this is the total number if unused GC for the year.
We dont have any official source of available visas for EB2 India as of now.
But based on the information availale it seems there would be about 30k visas, which are about 10 times more than what its been now (3,267 VISAS for EB2 India), available for EB2 India. Even though China shares with us for these visas, it would be minimal for china sharing as because china had already a cutoff date of Jan 2006 by Jul 2007. EB2 India has to be current pretty soon as of the increase in visa numbers allotment to almost about 10 times due to the horizontal fallout.
We need your inputs as well, on this calculation of estimated visas for EB2 India.
.................................................. ...
Originally Posted by sumagiri :
There are some significant flaws in your analysis. If you correct them, the number comes to around 25K.
First. The family spill over has to be applied to all categories. So the total number is 140,000 + 19,000.
Second. You calculated EB1/2/3 gets 1/3 which is not correct. They use only 28.6% not 33.3% This makes difference.
Third. The EB1+EB2 combined 70K already counted 9,800 visas for India. We should not add them again.
According to USCIS/DOS testimonies they will usually end up using only 95% of total quota. They go conservatively because they must ensure that they won't use up even a single visa more than what law allows.So total available is approximately 159000*.95 = 151050
Third. EB1, EB2, EB3 each will get 28.6%. Not one third (33.3%). That makes lot of difference. So each category will get around 43,200.
EB4 and EB5 combined will get around 21,449
Now again, going by statistics and your assumptions that EB1 and EB2 takes up 70K and EB4, EB5 takes up around 10K. The unused visas are
((43,200*2)+21,449) - (70,000+10000) = 27849.
So the total EB2 visa usage will be around 70K + 25K =95K.
http://immigrationvoice.org/forum/showthread.php?t=20167&highlight=vdlrao&page=7
but the spillover is done quarterly per USCIS.
we do not know how much of the stimated 20K (for India, assuming the erst is China) is already used up, assuming this is the total number if unused GC for the year.
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