oguinan
02-15 09:14 PM
Nope. Article 1 Paragraph 3 just states that the convention does not apply in those cases. The definition of racial discrimination stands. You should read through the US response to the last review under the CERD (in 2003) and check the responses on immigration policy.
Do you have a specific link? There are a number of immigration related documents in the 2003 session, mostly related to the southern border.
I'm not a lawyer - but I do know that the spirit Article 1 Paragraph 2 of the document says that immigration and naturalization laws are somehow "not the same" as other laws when testing for racial discrimination. The spirit of the document is clear - otherwise why provide the second paragraph at all? I think that the case of Bhagat Singh Thind which I cited earlier clearly did show racial discrimination by any reasonable test.
I noticed that you changed my quoted text in the previous post. I'm not sure how that fits in with the traditions and practice of the forums here - but I'd appreciate you mentioning it in the text of your post.
Do you have a specific link? There are a number of immigration related documents in the 2003 session, mostly related to the southern border.
I'm not a lawyer - but I do know that the spirit Article 1 Paragraph 2 of the document says that immigration and naturalization laws are somehow "not the same" as other laws when testing for racial discrimination. The spirit of the document is clear - otherwise why provide the second paragraph at all? I think that the case of Bhagat Singh Thind which I cited earlier clearly did show racial discrimination by any reasonable test.
I noticed that you changed my quoted text in the previous post. I'm not sure how that fits in with the traditions and practice of the forums here - but I'd appreciate you mentioning it in the text of your post.
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test101
07-10 10:11 PM
The thing is - people are crazy about USA, no matter what - so if you leave someone else will come - thats the attitude here. Exploitation to the core. The way America was built is by slavery. America became such a great country only because of slavery. There were moments in past where people revolted and found liberty - and we are all on that path. Look at the Black civil rights moment etc.
The problem with the current immigration policy that the government is forcing the companies to outsource the HI-TECK jobs and needed skilled immigrants works like RNS to Canada, and other countries. These jobs could be taken by American maybe, but now they wont have that chance.
The job that suppose to exsit and be filled by american or immigrant in the teck industry is not going to exist in the US. Instead it's going to exist in Canada for an immigrant.
The US faces huge nursing shortage, nurses are going Canada and Australia, same for PT's. US is not going to get the tax money, social security nor the jobs. High paid jobs like HI-TECK and nurses,..ect get taxed more and now this tax is going to be in anther country.
MS started outsourcing, Oracle is following. Nurses & PT's educated in the US are leaving it. This current policy is not for the greater good of the country, it's by cheer of bureaucratic incompetence.
This is going to become more than just an immigration problem. This is going to hurt the economy& health care real bad if they do not fix it.
stay toned 5 more years of this and see how bad it's going to get.
The problem with the current immigration policy that the government is forcing the companies to outsource the HI-TECK jobs and needed skilled immigrants works like RNS to Canada, and other countries. These jobs could be taken by American maybe, but now they wont have that chance.
The job that suppose to exsit and be filled by american or immigrant in the teck industry is not going to exist in the US. Instead it's going to exist in Canada for an immigrant.
The US faces huge nursing shortage, nurses are going Canada and Australia, same for PT's. US is not going to get the tax money, social security nor the jobs. High paid jobs like HI-TECK and nurses,..ect get taxed more and now this tax is going to be in anther country.
MS started outsourcing, Oracle is following. Nurses & PT's educated in the US are leaving it. This current policy is not for the greater good of the country, it's by cheer of bureaucratic incompetence.
This is going to become more than just an immigration problem. This is going to hurt the economy& health care real bad if they do not fix it.
stay toned 5 more years of this and see how bad it's going to get.
_TrueFacts
09-04 11:05 AM
IV admins, Chandu,
Please delete this thread or move this away from the main page.
This thread is a good fodder for antis.
Deleting this thread does not change the facts nor does IMV will gain anything out of it. The reason we even discuss these things here other than immigration is because we have immigrated and we have a common bonding.
Please delete this thread or move this away from the main page.
This thread is a good fodder for antis.
Deleting this thread does not change the facts nor does IMV will gain anything out of it. The reason we even discuss these things here other than immigration is because we have immigrated and we have a common bonding.
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rb_248
08-15 09:21 AM
All this seems like racial profiling to me. Albeit, such episodes are coming down after Obama took office......in my opinion.
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cableman
05-10 06:27 PM
Does anyone have a comment on this ?
I got this from: http://www.cic.gc.ca/english/pub/imm-law.html#act12
Permanent residents
Persons who have been admitted to Canada as permanent residents have the right to come to the country and remain here, provided they have not lost that status or it has not been established that they have engaged in activities, such as criminal acts, that would otherwise subject them to removal.
Conditions may be imposed for a certain period on some permanent residents, such as entrepreneurs. A permanent resident must live in Canada for at least 730 days (two years) within a five-year period. In some situations, time spent outside Canada may count. All permanent residents must comply with this residency requirement or risk losing their status.
According to the website, you will lose your status if you go to Canada in the 5th year because you won't be able to attain the requirement of living in Canada for at least 730 days (two years) within a five-year period. Actually, after you pass your 3rd year, you will be in risk for the permanent status.
I got this from: http://www.cic.gc.ca/english/pub/imm-law.html#act12
Permanent residents
Persons who have been admitted to Canada as permanent residents have the right to come to the country and remain here, provided they have not lost that status or it has not been established that they have engaged in activities, such as criminal acts, that would otherwise subject them to removal.
Conditions may be imposed for a certain period on some permanent residents, such as entrepreneurs. A permanent resident must live in Canada for at least 730 days (two years) within a five-year period. In some situations, time spent outside Canada may count. All permanent residents must comply with this residency requirement or risk losing their status.
According to the website, you will lose your status if you go to Canada in the 5th year because you won't be able to attain the requirement of living in Canada for at least 730 days (two years) within a five-year period. Actually, after you pass your 3rd year, you will be in risk for the permanent status.
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.
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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snathan
01-16 07:20 PM
There is no such requirement for fresh H1B as well as renewal as per Law. That is why we call it an ILLEGAL memo. We all need to fight this together.
NB: I am not a specialist in law
We need to come up with a road map and how to fight?
NB: I am not a specialist in law
We need to come up with a road map and how to fight?
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mallu
02-16 02:57 PM
My friend, in 2003-2004 alone there were 136K EB greencards wasted. When recaptured, in the past they have been given to oversubscribed countries. That is almost an entire years supply of EB greencards.
I didn't know they give significant percentage of the recaptured numbers to retrogressed countries. That is cool.
As far as your last question goes: I'm amazed, given your interest in this subject, that you have not read the 2005-2006-2007 Ombudsmans reports which discusses in some detail how USCIS claims that it cannot provide data on pending applications by EB preference, country of chargeability, and PD. Do take some time to familiarize yourself with these reports (and read the damn footnotes.)
I think i read only last year's report , that too the section concerning FBI namecheck, because at that time my PD was current most of time and i was stuck in name check. Now time to read rest of the stuff in Ombud's rpt.
I didn't know they give significant percentage of the recaptured numbers to retrogressed countries. That is cool.
As far as your last question goes: I'm amazed, given your interest in this subject, that you have not read the 2005-2006-2007 Ombudsmans reports which discusses in some detail how USCIS claims that it cannot provide data on pending applications by EB preference, country of chargeability, and PD. Do take some time to familiarize yourself with these reports (and read the damn footnotes.)
I think i read only last year's report , that too the section concerning FBI namecheck, because at that time my PD was current most of time and i was stuck in name check. Now time to read rest of the stuff in Ombud's rpt.
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grupak
02-15 07:28 PM
as always.
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.
Thanks for the data, I had a feeling some countries were using F1 more than others. Good to have the facts straight.
This discussion is really not going anywhere. Lets stick with IV agenda and action items.
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.
Thanks for the data, I had a feeling some countries were using F1 more than others. Good to have the facts straight.
This discussion is really not going anywhere. Lets stick with IV agenda and action items.
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gc28262
01-17 11:10 AM
Even if it is ok to fight how much resource IV have it to fight multiple issues. Resource means not just money but also time, manpower and effort. Most of the issues can be resolved if EB reform is done as people need not renew H1b as most can get GC within 3 years. Law clearly tells that there should be valid job position for H1b at the time of filing. For consulting bodyshoppers will bring persons here and search for job. That is clearly violation of law.
But certainly it can be requested to USCIS to change if geneunie persons are impacted. If memorendum is violation of law then USCIS will face lawsuit and you can also do that
This law was made by snram4 in his backyard ! :cool: No lawyer in US is aware of this.
There were indians who served British East India company during Indian Independence struggle.
But certainly it can be requested to USCIS to change if geneunie persons are impacted. If memorendum is violation of law then USCIS will face lawsuit and you can also do that
This law was made by snram4 in his backyard ! :cool: No lawyer in US is aware of this.
There were indians who served British East India company during Indian Independence struggle.
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leoindiano
07-17 09:35 AM
Dear Attorney,
I had 2 I-140's for same job, same employer. Both approved. When lawyer sent I-485 package they sent the receipt of I-140 which had earlier PD, Which is what i wanted. I saw an LUD on other I-140 on 11/27/2007 almost after a year it was approved. Is that a matter of worry?
On I-485 receipt, Priority Date field is blank. How can i confirm that they got the correct I-140 attached to my I-140?
Thank You
I had 2 I-140's for same job, same employer. Both approved. When lawyer sent I-485 package they sent the receipt of I-140 which had earlier PD, Which is what i wanted. I saw an LUD on other I-140 on 11/27/2007 almost after a year it was approved. Is that a matter of worry?
On I-485 receipt, Priority Date field is blank. How can i confirm that they got the correct I-140 attached to my I-140?
Thank You
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05-02 05:35 PM
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TeddyKoochu
01-15 03:01 PM
I thought the same way as you did too. I am no fan of these job shop companies but remember some one will pay the price and face hardships I hope its just those companies not the employees. But the way things are if this gets effective employees can also get into a limbo - which I dont like - like say someone has gone for visa stamping and that gets denied or worst his/her family is still in the US - or something like that. Its true that the employee should try and look for a new job opportunity meeting new regulations but its not easy as it sounds.
More important point to consider is that new rules/regulations the way I understand it were suddenly implemented mid-stream - you cant do that. What if in after some time they apply same regulations to say people on EAD and using AC21 (i am still not clear whether it already applies to EAD we will have to wait for legal experts to comment) ? Or worse yet they come up with new regulations for people who already have their GC's approved ?
cinqsit
In Para 1, I think you have answered your own dilemma. With due respect and regard to all nobody is a fan of consulting companies except for maybe themselves, but many good and well qualified people work for them for various reasons as some of the posters have summarized most important one being the Green card. The current memo is almost like a notice to gradually shut shop for them, it impacts not only the company but the employee and his / her family. If somebody has to return because of a re-definition of "Employer/Employee" then it�s a really bad thing to happen, in this case the ship will sink with all on board.
In Para 2, I believe again you are right, low hanging fruits and easy soft targets are the first to be picked up. I think more enforcement would follow, I think it started with issuing RFE's for end client letters(This is a mandatory requirement now for consulting companies). You are correct in saying that the target audience might be the next level!
The entire memo is disastrous for the entire immigrant community waiting for GC. Worst of are the people who have to file their extensions soon or have to travel.
More important point to consider is that new rules/regulations the way I understand it were suddenly implemented mid-stream - you cant do that. What if in after some time they apply same regulations to say people on EAD and using AC21 (i am still not clear whether it already applies to EAD we will have to wait for legal experts to comment) ? Or worse yet they come up with new regulations for people who already have their GC's approved ?
cinqsit
In Para 1, I think you have answered your own dilemma. With due respect and regard to all nobody is a fan of consulting companies except for maybe themselves, but many good and well qualified people work for them for various reasons as some of the posters have summarized most important one being the Green card. The current memo is almost like a notice to gradually shut shop for them, it impacts not only the company but the employee and his / her family. If somebody has to return because of a re-definition of "Employer/Employee" then it�s a really bad thing to happen, in this case the ship will sink with all on board.
In Para 2, I believe again you are right, low hanging fruits and easy soft targets are the first to be picked up. I think more enforcement would follow, I think it started with issuing RFE's for end client letters(This is a mandatory requirement now for consulting companies). You are correct in saying that the target audience might be the next level!
The entire memo is disastrous for the entire immigrant community waiting for GC. Worst of are the people who have to file their extensions soon or have to travel.
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tikka
07-04 07:39 AM
http://indiapost.com/article/immigration/597/
On July 1, 2007, the Visa Numbers in the Employment-based Second and Third Preferences will become current. The USCIS Service Centers in Nebraska and Texas will be deluged with Adjustment of Status (Form I-485) applications.
An update on AILA Infonet expresses concern that the USCIS may start rejecting I-485 filings before July 31, 2007 even though, historically, applicants have had the benefit of the whole month to file before the State Department announces retrogression for the following month.
In fact, the cut-off date for the "Other Worker" was October 1, 2001 in the June 2007 Visa Bulletin. Yet, the USCIS began rejecting I-485 filings under the Other Worker category with priority dates of October 1, 2001 or earlier when the agency was informed by the State Department that the visa allocation for this category had been exhausted on June 5, 2007.
AILA believes that the rejection policy is contrary to the regulation at 8 CFR �245.1(g) (1), and has urged USCIS to reverse its policy, which it has refused to do so. In any event, June 2007 is almost over, and even if USCIS reverses its erroneous policy later in July, would it still be able to accept I-485 applications that were due in June 2007? In July 2007, the Other Worker category becomes Unavailable.
Regarding the "Current" dates in July 2007, the AILA Update indicates that USCIS has approximately 40,000 visas remaining in all employment-based categories for 2007, and that USCIS already has far more than that number of I-485 applications in the backlog queue ready for approval. Remember that there was a similar deluge of I-485 filings prior to the earlier retrogression of October 1, 2005.
If these have already been pre-approved, they will exhaust the supply of existing immigrant visas and there is a likelihood that USCIS may start rejecting I-485 filings before the month of July is over. AILA has not yet predicted the exact date in July when this will happen. Despite the rush to file, one cannot underscore the importance of filing complete I-485 applications. If the I-485 does not contain the medical examination report, it will get rejected as the document is considered "initial evidence."
The same applies to birth certificates, marriage certificates and other essential documents. It is also important to file with the correct filing fees for the I-485 ($325 + $70 for the biometrics fee). The accompanying I-765 application for temporary employment authorization is $180 and the I-131 application for Advance Parole is $180. It is also important to make full and truthful disclosure of any unauthorized unemployment on the Form G-325A.
Some may have worked after their F-1 OPT had expired and others may have been involved in self-employment home businesses. The fact that an applicant has worked without authorization for short periods of time should not render him or her ineligible to file for Adjustment of Status. Section 245(k) of the Immigration and Nationality Act protects status violations up to 180 days from the last lawful admission into the United States.
For example, if an applicant worked without authorization between October and December 2006, and then left the United States and entered on January 1, 2007 in H-1B status, so long as this individual has not violated status for more than 180 days since January 1, 2007, he or she would still be eligible to file the I-485. For those with longer periods of status violations, Section 245(i) may also render them eligible to file an I-485.
To be eligible under Section 245(i), the applicant must have been the beneficiary of a labor certification or employment or family-based immigrant visa petition (Form I-140 or Form I-130) prior to April 30, 2001. If the filing was between January 15, 1998 and April 30, 2001, he or she must also establish physical presence in the US as of December 21, 2000.
If one is filing under Section 245(i), the I-485 must be accompanied by Supplement A and an additional penalty fee of $1,000. Finally, it is also important to disclose criminal arrests and convictions, however minor. Of course, those who have a criminal record must seek the advice of an attorney prior to filing the I-485.
While not all minor arrests or convictions will lead to inadmissibility, some may and it is important to find out whether the applicant is eligible for a waiver. If one is filing an I-140 concurrently with the I-485, note that the USCIS announced on June 28, 2007 that it was temporarily suspending premium processing for 30 days from July 2, 2007 due to the heavy rush in applications.
Cyrus D. Mehta
On July 1, 2007, the Visa Numbers in the Employment-based Second and Third Preferences will become current. The USCIS Service Centers in Nebraska and Texas will be deluged with Adjustment of Status (Form I-485) applications.
An update on AILA Infonet expresses concern that the USCIS may start rejecting I-485 filings before July 31, 2007 even though, historically, applicants have had the benefit of the whole month to file before the State Department announces retrogression for the following month.
In fact, the cut-off date for the "Other Worker" was October 1, 2001 in the June 2007 Visa Bulletin. Yet, the USCIS began rejecting I-485 filings under the Other Worker category with priority dates of October 1, 2001 or earlier when the agency was informed by the State Department that the visa allocation for this category had been exhausted on June 5, 2007.
AILA believes that the rejection policy is contrary to the regulation at 8 CFR �245.1(g) (1), and has urged USCIS to reverse its policy, which it has refused to do so. In any event, June 2007 is almost over, and even if USCIS reverses its erroneous policy later in July, would it still be able to accept I-485 applications that were due in June 2007? In July 2007, the Other Worker category becomes Unavailable.
Regarding the "Current" dates in July 2007, the AILA Update indicates that USCIS has approximately 40,000 visas remaining in all employment-based categories for 2007, and that USCIS already has far more than that number of I-485 applications in the backlog queue ready for approval. Remember that there was a similar deluge of I-485 filings prior to the earlier retrogression of October 1, 2005.
If these have already been pre-approved, they will exhaust the supply of existing immigrant visas and there is a likelihood that USCIS may start rejecting I-485 filings before the month of July is over. AILA has not yet predicted the exact date in July when this will happen. Despite the rush to file, one cannot underscore the importance of filing complete I-485 applications. If the I-485 does not contain the medical examination report, it will get rejected as the document is considered "initial evidence."
The same applies to birth certificates, marriage certificates and other essential documents. It is also important to file with the correct filing fees for the I-485 ($325 + $70 for the biometrics fee). The accompanying I-765 application for temporary employment authorization is $180 and the I-131 application for Advance Parole is $180. It is also important to make full and truthful disclosure of any unauthorized unemployment on the Form G-325A.
Some may have worked after their F-1 OPT had expired and others may have been involved in self-employment home businesses. The fact that an applicant has worked without authorization for short periods of time should not render him or her ineligible to file for Adjustment of Status. Section 245(k) of the Immigration and Nationality Act protects status violations up to 180 days from the last lawful admission into the United States.
For example, if an applicant worked without authorization between October and December 2006, and then left the United States and entered on January 1, 2007 in H-1B status, so long as this individual has not violated status for more than 180 days since January 1, 2007, he or she would still be eligible to file the I-485. For those with longer periods of status violations, Section 245(i) may also render them eligible to file an I-485.
To be eligible under Section 245(i), the applicant must have been the beneficiary of a labor certification or employment or family-based immigrant visa petition (Form I-140 or Form I-130) prior to April 30, 2001. If the filing was between January 15, 1998 and April 30, 2001, he or she must also establish physical presence in the US as of December 21, 2000.
If one is filing under Section 245(i), the I-485 must be accompanied by Supplement A and an additional penalty fee of $1,000. Finally, it is also important to disclose criminal arrests and convictions, however minor. Of course, those who have a criminal record must seek the advice of an attorney prior to filing the I-485.
While not all minor arrests or convictions will lead to inadmissibility, some may and it is important to find out whether the applicant is eligible for a waiver. If one is filing an I-140 concurrently with the I-485, note that the USCIS announced on June 28, 2007 that it was temporarily suspending premium processing for 30 days from July 2, 2007 due to the heavy rush in applications.
Cyrus D. Mehta
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GCKaMaara
05-29 04:09 PM
All those people who are saying let us inform USCIS, if 50% of them go home today and draft letter and post or email it, then that will be significant achievement for today. Emotional exchanges without any concrete plan after a bad news is norm here. Look at the past few bulletins. Let us do gandhigiri, let us do flower campaign, let us do rally, questiion is WHAT WE REALLY DO not "LET US".
Five letter word: U N I T Y
Five letter word: U N I T Y
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TeddyKoochu
09-15 07:52 AM
Year, TOT_LBRS, Certified, LBR_INDIA PD_>_10/1/2001
2000 074048 70204 ????? 0
2001 082139 77921 ????? 0
2002 089168 79784 ????? 7873
2003 095299 62912 ????? 25956
2004 098866 43582 ????? 26569
2005 014253 06133 01350 6133
2006 105960 79782 22298 79782
2007 098753 85112 24573 85112
2008 061997 21092 07198 21092
Total 720483 526522 55419 252517
http://immigrationvoice.org/forum/forum2-retrogression-priority-dates-and-visa-bulletins/23813-perm-labor-data-analysis.html
In 2005 there are a total of 01350 labors certified only for India.
In 2006 there are a total of 22298 labors certified only for India.
The other important thing here to note down is there are many outsourcing companies out there filed/filing GCs for their so called managers in EB1 category.
Friends looks like that there is a consensus that folks with 2005 will get their GC soon, all of you have stated that there are very few labors for this year. How do we divide the labors for 2006, if we give 50% of them to EB2 I then I believe that by Sep 2010 year 2006 should get cleaned out. Another point is how the spillover is allocated quarterly, annually or randomly (How do we explain EB2I going back to 01 Jan 2000 and then recovering back). Definitely a quarterly spillover will make predictions & life easier! Something to factor is EB2-C, EB2-I date has almost caught up, traditionally it stays 1 yr behind (EB2-I lags EB2-C) in the early part of the year, this could be huge factor if both catch up.
2000 074048 70204 ????? 0
2001 082139 77921 ????? 0
2002 089168 79784 ????? 7873
2003 095299 62912 ????? 25956
2004 098866 43582 ????? 26569
2005 014253 06133 01350 6133
2006 105960 79782 22298 79782
2007 098753 85112 24573 85112
2008 061997 21092 07198 21092
Total 720483 526522 55419 252517
http://immigrationvoice.org/forum/forum2-retrogression-priority-dates-and-visa-bulletins/23813-perm-labor-data-analysis.html
In 2005 there are a total of 01350 labors certified only for India.
In 2006 there are a total of 22298 labors certified only for India.
The other important thing here to note down is there are many outsourcing companies out there filed/filing GCs for their so called managers in EB1 category.
Friends looks like that there is a consensus that folks with 2005 will get their GC soon, all of you have stated that there are very few labors for this year. How do we divide the labors for 2006, if we give 50% of them to EB2 I then I believe that by Sep 2010 year 2006 should get cleaned out. Another point is how the spillover is allocated quarterly, annually or randomly (How do we explain EB2I going back to 01 Jan 2000 and then recovering back). Definitely a quarterly spillover will make predictions & life easier! Something to factor is EB2-C, EB2-I date has almost caught up, traditionally it stays 1 yr behind (EB2-I lags EB2-C) in the early part of the year, this could be huge factor if both catch up.
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kuhelica2000
02-15 04:33 PM
The reason we have greater supply of workforce in IT from one specific country is not because of skills or talents. Almost every IT workers from ROW and China came to the US as a foreign student after TOEFL, GMAT, GRE, internship and only then landed a job in IT. Whereas the preponderence of IT workers from India came here through L1/B1/H1 sponsorship through bodyshops. Attending school, preparing for generalized tests requires time, money and patience. This is one big factor why the supply curve is skewed.
Who is preventing people of ROW for applying H1b or Green card EB ? Employers look for availability of talent not for country of origin and anyone who competes in the global market wins. If ROW countries have less people with marketable skills or less people who want to work outside their countries,it is not the problem of Chinese or Indians. There is no logic with Employers being forced to wait for visa numbers to comply with diversity. There should be a FIFO system without any country of birth barriers. USCIS wastes more annual visa numbers due to these country caps. Lets make these guys fine tune this immigration system which is actually against the free market capitalist principles of this country.
Who is preventing people of ROW for applying H1b or Green card EB ? Employers look for availability of talent not for country of origin and anyone who competes in the global market wins. If ROW countries have less people with marketable skills or less people who want to work outside their countries,it is not the problem of Chinese or Indians. There is no logic with Employers being forced to wait for visa numbers to comply with diversity. There should be a FIFO system without any country of birth barriers. USCIS wastes more annual visa numbers due to these country caps. Lets make these guys fine tune this immigration system which is actually against the free market capitalist principles of this country.
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walking_dude
12-14 05:19 PM
The difference between your idea and mine is your thinking is still stuck in the 16th century. He is Indian, he is Chinese, he is Mexican etc, while I see everyone as human beings. There lies the difference.
EB Immigration is just 12% of all immigrants. How can it affect diversity of the country? With all the country quotas in place, US is becoming hispanisized with Hispanics slated to become 25% of the population ! So much for the much touted 'diversity' !
--What you said sounds very interesting. But it got me thinking, what if the merit is equally distributed by the country of origin and there is a limit to the opportunities this country can provide?
Let us say there are 140,000 EB visas given every year. Based on pure merit and sans any regard to nationality. Don't you think it could potentially lead to more visas being consumed by one country?
What if this country wants to ensure diversity to its social fabric?? How do they go about doing that? I always see EB1 as "current" for oversubscribed countries as well. In my opinion, EB3 "skilled category" and "other worker" is purely asking for OPPORTUNITY rather compete based on its merit.
EB Immigration is just 12% of all immigrants. How can it affect diversity of the country? With all the country quotas in place, US is becoming hispanisized with Hispanics slated to become 25% of the population ! So much for the much touted 'diversity' !
--What you said sounds very interesting. But it got me thinking, what if the merit is equally distributed by the country of origin and there is a limit to the opportunities this country can provide?
Let us say there are 140,000 EB visas given every year. Based on pure merit and sans any regard to nationality. Don't you think it could potentially lead to more visas being consumed by one country?
What if this country wants to ensure diversity to its social fabric?? How do they go about doing that? I always see EB1 as "current" for oversubscribed countries as well. In my opinion, EB3 "skilled category" and "other worker" is purely asking for OPPORTUNITY rather compete based on its merit.
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cps060
03-19 05:43 PM
so you mean to say that if I try to enter in fourth year, then itself I have to go to an immigration hearing and the judge would decide whether he would let me stay or not ?
Also can I apply for CA SIN staying in USA ?
Should I be filing taxes there ?
How do I get an address if I dont stay there ?
Thanks for your help.
Also can I apply for CA SIN staying in USA ?
Should I be filing taxes there ?
How do I get an address if I dont stay there ?
Thanks for your help.
PlainSpeak
01-14 12:41 PM
You helped others not helping them do nothing. First help yourself by being EB2. Then try EB1.
You helped others not helping them do nothing.
Whaaaat i will let teh first part go because i am sure even you have no idea what you are talking about
First help yourself by being EB2. Then try EB1.
My friend what is so great about getting EB2. Nothing... What job i do currently is more than what is reuired for a EB2 req job. ANd i am still in EB3 and you know what i am ok with that. So me being EB3 is ok about it but you being EB2 is asking me (or should i say baiting me) to be EB2 and if possible EB1.
Shesssssssssssssssh. Ok sorry i promised nothing bad about EB2 mentality. I will keep my peace
You helped others not helping them do nothing.
Whaaaat i will let teh first part go because i am sure even you have no idea what you are talking about
First help yourself by being EB2. Then try EB1.
My friend what is so great about getting EB2. Nothing... What job i do currently is more than what is reuired for a EB2 req job. ANd i am still in EB3 and you know what i am ok with that. So me being EB3 is ok about it but you being EB2 is asking me (or should i say baiting me) to be EB2 and if possible EB1.
Shesssssssssssssssh. Ok sorry i promised nothing bad about EB2 mentality. I will keep my peace
_TrueFacts
09-04 07:54 PM
Admins - can some one please close this thread. This is thread is neither about immigration nor will anything good come out of this.
yetanotherguyinline,
You may not care, but many members do care about what's happening in India.
yetanotherguyinline,
You may not care, but many members do care about what's happening in India.
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