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  • andy garcia
    02-23 07:23 AM
    Looking only at LCs that are awaiting immigrant visa numbers (ie, LCs that are "still in process" or "certified after current EB3 ROW cutoff dates") here is how it looks (copy to an XL sheet to view properly):

    Period, World, India(22%), EB2-India(41% of India), EB2-India-Family(*2.1)
    ------------------------------------------------------------------------
    1997 to 2002, 269311, 59271, 24320, 51072
    2002 to 2003, 36200, 7967, 3269, 6865
    2003 to 2004, 13145, 2893, 1187, 2493
    2004 to 2005, 6133, 1350, 554, 1163

    The pre 2002 numbers pending are really bad. The last column sums up the situation for EB2-India. Use your own %ages to calculate the situation for EB3. It is clear that forward movement will be held back due to the huge chunk of LCs from 1997 to 2002 which are being certified.

    So the situation is indeed hopeless and lobbying is the only way out.

    Don't forget that a lot of those LC were being used for substitution($$$$) by the consulting companies. Once the regulation about eliminating substitution goes into effect. Some of those will not be able to be recycled.





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  • alisa
    02-18 12:51 PM
    I can only give examples from personal life. My personal examples lead me to believe that a lot of people, though aware of retrogression, are unaware of what it really means.

    Six months ago, I thought that there was nobody opposing EB-based visa numbers. And I was pretty certain that my greencard would be handed to me in a few years.

    Then I learnt about IV. And I learnt about the problems.
    Then I tried to tell my friends about it at work. And the first reactions were 'Is the situation really that bad'?

    So, there is definitely a huge group of people who don't know what retrogression really means, and how screwed they really are.


    But again, these are personal examples. Maybe yours (people knowing about retrogression, and still not bothering about contributing/participating in IV) might have led you to a different conclusion.


    I respect your opinion ...but I refuse to believe that people are ignorant...





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  • dilipcr
    06-12 03:05 AM
    He has not learnt his lesson. Let him figure out why he was laid off thrice.


    So you guys are saying that I was laid off thrice in 1 year because I was the rotten apple ? If this is how you guys are going to present arguments, I think I am wasting my time here.
    I am not saying ALL companies are misusing are L1s/H1bs or all L1s/H1Bs are bad. All I am saying is that the outsourcing companies have no legality in using L1 visas for bringing in low wage programmers. I am only saying that ban the outsourcing companies from flooding this country with low wage workers. If you did not know, L1 was primarily meant for intra company transfer of high skilled managers and higher level executives.

    << Originally Posted by bubba
    If you have seen any companies misuse the H1 and L1 visa, you can complain about them. Dont go screaming around that the whole H1 and L1 program is bad.

    As I said, I am not saying that the entire H1/L1 is bad. It is just the select set of companies misusing the program that are causing a bad name.

    Its because of people like you that a whole group gets a bad name due to some rotten apples. Btw, all your arguments dont seem to help the IV community.

    If IV community is a community that is organized to work for the betterment of the best and brightest of the H1B, then I would hope that my arguments hold water. if IV community is working for all immigrants, including those who are here knowingly or unknowingly based on perpetual fraud then I am at the wrong place. If this is the case, I am fairly confident that it would be tough to gain the support of the GC holders and the naturalized citizens for the initiatives encompassing this entire gamut of visa holders.
    Why are you even here on IV if your idealogy is not aligned with IV ? If you cant support us we dont need suggestions from a traitor like you

    If your responses are going to be solely based on personal attacks and name calling, I dont think your arguments would hold strength. Trust me, I am one of the regional coordinators of Kiva.org, a microfinance organization for the poor, for southern India.In addition, I have been sponsoring 7 kids' tuitions at Udavum karangal in India. I have undertaken to sponsor their education till college. Currently they are in grade six. I am a self made man and wasnt born with a silver spoon. I was badly affected by the reservation policy, read 69% reservation, in Tamil Nadu. And you guys think I am traitor. What can I say ?

    >>





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  • Aah_GC
    07-11 06:10 PM
    Guys.. can one of you please suggest a good Canadian PR processing company? I keep getting mails from cr@protechimmigration.com. Is Protech good?

    Would really appreciate a reply.



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  • oguinan
    02-14 12:19 PM
    The debate is interesting for a couple of reasons. First, it demonstrates that the EB system is very complex and any change causes ripple effects throughout the entire system. Second, we cannot talk to elected representatives about the immigration system if we do not have a complete understanding of it. We have to go into discussions with the idea that we have made a complete assessment of the impact of our proposals, that we recognize the issues and risks involved in each proposal.

    The 485 filing without a current priority date is a really good example of the kind of debate that should be happening here. It would be nice if we could provide interim benefits to people who have been waiting for a long time to get a green card. Allowing anybody with an approved labour certification to immediately file for their 485 is clearly a bad idea given the constraints of the system as outlined by unitednations. We could make a change in our proposal so that only people with, say, a five year old priority date and an approved 140 could file for their 485 without a current priority date.

    This is one of the most constructive threads that I have followed on IV over the past few months - good job all round.

    oguinan


    It is an important topic.

    Reason is:

    2005 and prior; certain countries went over their limit. If they hadn't gone over their limit then EB3 would not have gone unavailable. If EB3 would not have gone unavailable then EB3 ROW would have much more advanced dates. Countries cannot go over their 7% limit now until ROW eb3 essentially gets current. If they had done it in the past then maybe eb3 row would be current and the other countries can go over their 7% limit and their dates would also have advanced. Due to what happened in 2005 the dates are further back for everyone then they should have been.

    How it is working and how it is supposed to work is important in people making their decisions; ie., should i file in eb2 or eb3?

    What is impact by eliminating the 7% limit

    What would happen if there is 485 filing without priority date being current and there is a hard cap of 7%. There would never, ever be unused visas for china, india. They would have never ending retrogression.

    For people who constantly watch visa bulletin; the dates won't move forward until fourth quarter when eb1 and eb2 visas get spilled over.; so no sense in waiting for it so eagerly.





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  • 485Mbe4001
    06-01 02:26 PM
    Generic lawsuits are not the answer. We should use the above information when we talk to the lawmakes and also use this as rebuttal to the anti's. Lets focus on recapture, venting is not going to help, lawsuits will only help make the lawyers richer(just look at the houses and cars of immigration lawyers ;))

    SSA depends on different countries. People from Mexico and Sweden for example will not have this issue. India does not have a treaty with the US.

    The only solution , to all our problems, is a LAWSUIT.
    The earlier some one has the balls to do it , the better it is.



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  • ronhira
    01-13 08:53 PM
    This will only increat outsourcing and actually hurt US economy and jobs...too bad that "blinded" politicians do not recognize this.

    they r blinded....... remember..... but they will recognize..... when most of the jobs are outsourced....





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  • VenuK
    07-10 03:10 PM
    This question is for Attorney and for Everyone:

    Could you pls... pls... look into my case and if possible could you provide your suggestions.

    here is the link for my case
    http://immigrationvoice.org/forum/showthread.php?t=20055

    with Thanks in advance,
    Venu



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  • indio0617
    06-28 07:31 PM
    Like I said, after AILA's memo came out yesterday, all the lawyers who were saying "it wont happen" have suddenly flipped and now they are saying "Anything can happen".

    Sometimes I wonder what are we paying them for if we have to send them URL from AILA about various memos and directives? Isnt it a part of job description to keep an eye out on what's going on at USCIS ? It is available on websites for the whole world to see after all. I wonder how efficient these lawyers were when Internet didnt exist and everything was thru phones and postal services.

    And ever since the dates got current for the whole world in July, lawyers are snapping back when you email/call them as if its our fault that dates suddenly became current for the whole world ? If its too much burden, then maybe its time to look for some other profession. No one is putting a gun on your head saying : "Be an immigration lawyer".

    It is all about job stability and ego. They can act ignorant and slow and trap their clients in this perpetual state of anxiety. That is what their strategy is all about.

    If we (highly skilled and informed) suffer so much at their hands, imagine the plight of millions of undocumented immigrants who are at their mercy.





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  • apb
    12-14 05:24 PM
    I agree. But the reason for that is not the per country ceiling. It's the fact that the total EB quotas (140,000) is not realistic to the present situation. That needs to be increased and there's your solution.
    (Believe me, I do understnad your fustration. I really do)

    Even if we raise the limit to XYZ from 140000, if we still continue with 7% quota then applicants from India/China/Philippines/Mexico would still be retrogressed. It is not correct.
    Let everybody have a go at GC and let it be FIFO, irrespective of the nationality. This is EB and why use diversity if we do not use at the initial stages of bringing people from other countries on H1/J1/L1. These are the people who apply for GC.
    1) Increase GC numbers.
    2) remove per country cap
    3) Remove dependents from GC numbers.

    All above should go in simultaneously for a 'FAIR', 'NON_DISCRIMINATIVE' solution.



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  • pri
    09-25 06:56 PM
    A quarterly spill over is advantageous to every body in the playing field.

    It is obviously good for retrogressed groups. It is even good for CIS, since they can plan their work properly and use up the visas in an orderly fashion.

    So if IV can use some of its massive clout to convince DOS to do a quarterly spill over, that would be win-win for all.

    Here is the snippet from http://immigrationvoice.org/forum/newreply.php?do=newreply&p=966830

    Section 202(a)(5) of the Immigration and Nationality Act states that if total demand for visas in an Employment preference category is insufficient to use all available visa numbers in that category in a calendar quarter, then the unused numbers may be made available without regard to the annual per-country limit.

    It appears that DOS does spill-over every quarter.





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  • TeddyKoochu
    09-15 01:45 PM
    It seems most analysts here think that by Q4 2010 the approval of 485 could theorotically reach mid 2006 with a liberal allocation of spill-overs and a conservative estimate of abandonment etc.

    My question is in order for CIS to have sufficient 485 cases to review .. will they not need to advance dates still further so they can start reviewing the apps and in 2-4 years time give those folks the GC.. I am specifically talking about all those who missed the July 2007 bus and whose priority date is after july 30, 07.... any hope for poor souls like us to at least file for EAD in 2010?Or is this wishful thinking?

    Iam also one amongst this lot, as somebody told me be hopeful and cheerful, our day will come. I really understand your pain and suffering, we are kind of the worst affected lot (or atleast one of the worst affected), those who made it in Jul 07 atleast have interim relief. The extent of spillover will really determine our fortunes; I honestly believe that there is a 50-50 chance of it happening this year. Let�s wait for the experts in this group to analyze the data. Since in those days it used to take 2-3 months for labor approval we will have individuals from as early as May 07 who missed the Jul 07 bus, mine is in the last week of July. I hope we will be able to get in the bus and drive out this year!



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  • tikka
    07-04 12:22 AM
    lets focus on this one..
    http://digg.com/politics/U_S_Withdraws_Offer_of_60_000_Job_Based_Visas_Ange ring_Immigration_Lawyer/who

    the faster it gets to 100 DIGS the popular the article will be. Will help give our issue exposure

    thank you !!


    and counting.....





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  • pitha
    02-18 08:47 PM
    Aiming London shooting Tokyo that's what your reasoning looks like. There's no point in arguing\discussing based on such logic.

    You are not a messenger, you are a opponent of 485 measure, I think there is a big and clear difference between both.

    If 485 measure is not of much help, I wonder why all the poeple who have applied for 485 keep wasting there time and money renewing there EAD every year.

    Don't shoot the messenger.

    A couple of studies came to mind recently that don't involve immigration.

    In Florida there was a plan over 30 years ago to build an artifical reef by planting 2 million tires. Seemed like a good idea but didn't serve its intended purpose and did the exact opposite. Now, 30 years later the person who pushed to do this is saying it was a mistake. There has been so much damage caused by this and now 30 years later they want to fix it. It wasn't studied enough and it was implemented and became a disaster.

    In 1999 at Laguardia airport there was a push to allow smaller airlines some space at the airport; even though the airport couldn't accomodate more airlines/flights. There was strong opposition but they did it anyways. Since then; it takes more then 45 minutes from the time your flight leaves the gate to actually get airborn. The flight time from Laguardia versus into Laguardia has a differential of almost an hour. Now; eight years later they are going to try to fix this. Even though it has been a problem for this long. Wasn't studied or thought of carefully enough.

    ---------------------------------------------------------------------

    Some people are of the opinion that people who have EAD and 485 pending should just shut up because they are enjoying the benefits of it. Well guess what; some of the biggest whiners are the people who have 485 pending but still want to do priority date transfer; are afraid of job loss; are afraid to change jobs, etc.

    Becuase of country cap of 7%; someone filing from ROW in eb3 in 2007 will get ahead of you in line; even though you are from india and a priority date in 2001. Currently, the limitation of ROW people is that they haven't designed a system to get h-1b so they will try to go the b-1 to greencard route.

    People who want to get citizenship badly. Once they get citizenship; what is one of the first things they do? apply for parents greencard or find a spouse and file their greencard (no waiting). For people here on h-1b or greencard and they want babysitters they get their parents on b-1 and try to extend, etc., but eventually parents have to go back. Now; without priority date being current they also come into the stream by filing a labor 140/485 while they are here.

    therefore, you may have a 485 filed but if it is going to take you 10 to 20 years to get the greencard; can you hold onto a same/similar job for that long? Do you think the next step of increasing the quota will come in six months? See my example of Laguardia airport; flight jams since 1999 and now eight years later they are going to decide to attempt to fix the issue. I used to be a frequent traveller and i can't even begin to tell you how inconvenient it is for business travelers to have that type of wait.

    To give you an example; I will post an example of someone on visitor visa trying to get greencard (note; this was a personal e-mail that was sent to me;just in case there are doubters).



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  • Lasantha
    02-12 02:32 PM
    Yes Ramba. I am aware of that. I will not start celebrating I till I see the GC in my hands. But still I am pretty excited about all this.

    I wish your hopes comes true. However, one thing you should remember. There are many guys with PD before 2005 got stuck due to name check, particularly in ROW catagory. This big jump in PD for ROW and new name check clearance rule, will makes tons of 485s become eligible for approval in March.

    As they mentioned in their comment, they may freeze the PD for ROW in APril or move back to 2004, depending on how many EB3-ROW gets GC in March.





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  • sobyb
    05-01 06:19 PM
    "No politics can justify killing of innocent people...if congress and India can not get over themselves and help fellow Indians" ... "It is a shame India does not act to protect the interests of its citizens even after this news came up"

    The person who opened this thread is not clear about the difference of 'Indian Citizen' and 'Indian Origin' (or Ethinic Indian). Any kind of discrimination faced by these people in their respective countries should be addressed in a non-violent manner and the current world order has its own mechanism to check such acts by majorities/minorities (atleast you get the relevant attention/care if you are not on the wrong side). Terrorism is not the solution to any discrimation ..period! and carrying out terror attacks on the supporting country (Rajiv Gandhi's killing) would only worsen the scenario.
    India should work with Srilankan govt to establish democracy, peace and equality in Tamil majority areas and make sure that organizations like LTTE doesn't get the upper hand once again in those areas.



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  • logiclife
    12-31 07:17 PM
    US news has covered a book by David Heenan -- "Flight Capital" that essentially deals with the fact that high powered immigrants are leaving this country -- for whatever reason -- and how its bad for America. BAD FOR AMERICA. forget about it being bad of GC aspirants. ITS BAD FOR AMERICA. And we have one of america's own high powered former CEO saying that

    http://www.flight-capital.com/

    This man has no vested interested in talking about this. Obviously he does not need a GC and he is not on H1. He makes our case. How anti-immigration congressional measure are hurting America as a nation as much as it hurts aspiring immigrants.

    This is an independent non-partisan source who can be quoted in our cause.





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  • snathan
    01-13 06:12 PM
    Interesting. I think there would probably be around maybe half a million or so H1Bs currently in the US, probably more , working in the IT industry. Many if not most would work for these consulting companies; ranging from the large one's like Accenture or TCS to the grocery store offices in NJ. All of them have the potential to be affected if this memo is strictly enforced.

    While I would be glad if all the shady consultancy firms that have wrecked the H1B program to be put out of business; there might be serious disruptions in the IT industry if hundreds of thousands of workers are going to be forced out; even if in a phased manner; i.e. letting folks stay till their current visas expire.

    Consulting companies are just the tip of the ice burg. They should really target infy, wipro, TCS like companies. They are the one truly exploiting the sytem to the fullest. They do not sponsor GC, do not pay the good salary or any benefit to the employee. I also dont see the share holders are rewared. God knows where all the profits are going. (which holes are getting filled)?





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  • Caliber
    09-04 01:27 PM
    I am not any of these. I bet you guys .. $million

    Go to your postings in this thread and read what you wrote in "Brain Damage". You wanted to distribute sweets??? How do you feel when YS Jagan grabs what you have in your village? You were supporting them so much, why not advice them to return 10,000 acres of land that he grabbed for Brahmani Steels? Jesus Christ killed YSR, otherwise, they would have grabbed all your village. Be happy, Jesus took him away.





    BharatPremi
    12-14 01:15 PM
    I know. I work for a prestigious law firm and I know how hard it is to become a lawyer.

    Now it definately interests me to know the reason behind your interpretation. Please enlighten us about your interpretation





    jonty_11
    06-28 12:34 PM
    Another rumour is that this rumour abt mid month retro is being spread by lawyers..so that self-filers rush to file and make obvious mistakes and have to hire services of immi lawyers second time around.....!!!



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