Sunday, August 7, 2011

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  • rahulpaper
    06-28 07:07 PM
    Yes it does not say interim memo....the underlying point was that the directive comes from DOS once all these numbers are used up by approved applications and not "filed applications"

    The mid month retrogression can happen...not based on number of filed applications but based on number of approved applications....and if they have enough applications (preadjudicated) sitting for numbers to become available...the system should process all of them in one day...and you know what will happen then............


    http://www.imminfo.com/resources/cis-sop-aos/1-16.html

    According to this manual..visa availability is determined by Visa bulletin ALONE..no where it mentions to look for an interin memo from INS..





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  • conchshell
    07-29 01:06 PM
    I assume that all the EB2 India who have decided to go for CP route will get their immigrant visas stamped in India. I noticed that New Delhi and Mumbai consulates posts a list of candidates due for immigrant visa interview at their website by the middle of the month. May be this list can give us an idea as to how many EB2 India will get their GC through consular posts:

    This is the link for New Delhi consulate: http://newdelhi.usembassy.gov/visa_interview_dates.html

    This is the link for Mumbai Consulate : http://mumbai.usconsulate.gov/interview_appt_schedule.html

    At the links mentioned above, you will find PDF documents telling us how many Employment based (EB2) people are scheduled for an interview during August 2008.

    If we can search and locate similar links for Chennai, and Kolkata consulate, probably by mid August we would be in a position to find out how many EB2 India are going to get their GC's in August 2008 through CP route. This will also tell us how many visas USCIS has got to process/waste.

    Gurus ... am I making any mistake here?





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  • paskal
    12-13 11:13 AM
    employment base makes up only about 11% of all immigration
    the country would not be "colonized" by choosing people for this category on merit alone. as for 90%- this is too is frankly a wave in my view, all things change, for now many Indian techs want to come and they have jobs available, tomorrow one or both of those things may not be true. But none that justifies treating people differently because of where they are born.

    this is entirely my personal opinion: if extended families (like adult siblings and their entire families) were excluded from FB, country quotas would lose some of their "need" and FB would not have to be the overwhelming majority of immigration numbers.

    How about I ask you why the "diversity" is not needed in other things. how about a quota for religion? profession? color of skin...? all those can be diversity issue. What if I said not more than 7% STEM graduates? I'm sure the Programmers Guild would agree. If you don't like those ideas, why country of birth?

    The fact remains though that EB is a skill based category. If I or you(?) join a company with identical (or better) credentials as someone from Congo/Sweden/Belize (whatever), they would have an EB2 GC in 1-2 years, we would sit for 10 and stew under multiple career holds and restrictions. Since no body from India would ever get the EB2 GC quickly, an entire subset of immigrants (based on country of birth) are ALWAYS held behind. You are presuming that somehow this benefits the US. Get skilled immigrants- but don't let a whole bunch of them rise to their levels of ability because they were born wrong. I am at a disadvantage because other people from my country applied for a GC. But when my employer takes me on, he does not care where I was born. My skillset has nothing to do with it. Why is my application (which is based on that employer and my skillset) hostage to something that is not even in the equation? This country is about individual freedom. I am here and an applicant for GC as an individual. What do I have to do with others who apply?

    Fair? You decide.





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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.



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  • sarath99
    10-20 01:00 PM
    Hi,

    My sister is a citizen and she applied GC for my parents who are in India.She applied for I-130 in April and it was approved in 2 months.She now has to fill the form I-864 and is in the process of doing so.Meanwhile my parents would like to visit USA.They'll be coming in December and be staying for 6 mos.They have a 10 yr visa and visited us back in 2004.
    My question is it ok for them to visit USA?I read that they might be denied entry becasue of their approved I-130.We do not want to apply AOS here and they will return in June 09.

    Thanks for any advice.





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  • mirage
    03-30 05:20 PM
    Problem is we Indians see Indira Gandhi Airport, Jawaharlal Mission, Rajiv Gandhi Electricity Yojna, Indira Gandhi University, Jawahar Lal Uniiversity, Rajiv Gandhi Jal Sansthan, Rajiv Gandhi This Indira Gandhi that, so we get a feeling as if we are breathing just because of these 3 individuals. They are too good at advertising their Netas, that you just forget if anybody else ever existed... Govt is never one man effort/show.It is a team effort. Just like software projects are.For sure it will not be one man show with BJP.We have NDA's rule for example.While we are that NDA had allies in it too.



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  • bostonian28
    06-17 04:08 PM
    Chill out guys, looks like emotions are running very high on this thread.

    The purpose of this thread is to talk about predictions for Oct 09, lets focus on that, also each of us is frustrated in a different way, may be this is a forum where in one can come and vent their frustrations, pls be more empathetic towards all...

    On a side note, we should probably start a polling to see how many folks are interested to spend (lets say) 5000$ to get a GC, if the number is high we should probably focus our efforts on hiring a lobbying company and push our agenda, that is the only way out of this situation, only throwing money will ensure our plight is heard appropriately in DC.

    So again, pls be more empethatic to others, even if you do not agree, this is a good community we all should be helping each other even when we do not agree.





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  • somegchuh
    10-18 06:42 PM
    You have hit the nail right on the head. They issued 225000 H1b's between the years and 2000 and 2002 but the GC quota remained the same. Also, there is no quota for H1 (large # goes to India/Chine) but there is a quota for GC.

    The idea is they want to control it so that only a third of the ppl who come on H1 end up getting a GC. They make the GC process hard one way or the other. Either you get stuck in the labor queue or in the retrogression queue. The average time to get has always been 4 years. Some ppl get lucky and get it in less than 3 and some get unluck and spend over 5 years trying to get it!

    Ultimately the question for everyone is how long are you willing to put your life on hold? If you wait long enough you will get it. They seldom reject cases (unless it was a fraudulent case).



    Having said that lot of us are thinking about leaving because US is making harder and harder for people like us to stay here and lot of us don�t want to put our lives on hold for years and years hoping that may be one day I�ll hit the jackpot called green card. On the other hand, lot of us don�t mind waiting and have been waiting for long time. It�s a matter of preference. Remember you are supposed to be a guest here. Do your work and get the hell out of here. Only 140000 guests are allowed to stay back and rest have to pack their bags. I mean that�s the real intent behind this quota system.

    To make long story short, for lot of people US is not the option available on the table so quit comparing US against others. Just think about where you might end up if you didn�t move to Canada and compare that country against Canada.



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  • snathan
    01-15 11:01 AM
    Hope the AILA and ImmigrationVoice leadership can work together to urge USCIS to post a statement explaining that the guidelines in the memo are initially meant to encourage compliance by the businesses and prevent abuse; and that the USCIS would start enforcing them starting Jan 2012 or later. Thus it may be just a matter of getting used to the extra bureaucracy.

    I pray that we all get sorted sooner, so we can start focusing on other important aspects of our careers and family lives.

    _____________________for those very concerned____________________
    It is easy to tell others to be cool headed to think rationally, but we all agree that its true -so let us try doing so.

    I personally believe that most folks shall still be fine - this includes a lot of consulting company folks. We all (everyone having/renewing/aspiring H1) need to start collecting all documentary evidences as mentioned in the memo.

    If you do not already do so - start following the guidelines for what USCIS considers as proof of Employer-employee relationships - exchanging weekly status e-mails, work assignments, etc. Also please remember to save these documents more securely (possibly at more than a single location). There could be a few more hassles, for example requesting access to old deleted e-mails from server backups. Start working to get yourself copies of service level agreements and contracts between the various layers of consulting companies - after seeing this memo most HR staff would get cooperative. Provide copies of the memo to your consulting companies sales and placement staff - as they would not want to loose their commissions and thus would help persuade your managers and HR staff to start complying.
    _____________________________________________

    Best Wishes for all.

    Why after 2012....you would get your GC by then? what a selfless generous mind. really appreciate you.





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  • ramus
    06-28 05:19 PM
    I just did same.. I just asked to make sure we are filing on first day..


    ok u guys have forced me to pose the same question to my HR/Attorney...awaiting response.



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  • neverbefore
    09-23 12:02 PM
    Applause!





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  • TeddyKoochu
    09-17 03:09 PM
    Yeah that might be true.

    The rate at which 2004 folks are getting approved that probably only 300 applications are left for pre Jan 2005. More approvals augur well for everybody.



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  • snathan
    08-16 12:24 AM
    Poverty is the reality of our subcontinent, the reason Kasab took arms was out of ignorance not due to deliberate fundamentalism, even if latter were true, it is all desperation. The thousands of hungry dying people you point out might just take up arms if they had a choice to beat poverty.
    How bright were we when we were 20 year olds? I am in no way supporting Kasab, he will meet his end eventually. But we need to open our minds to the root causes of terrorism, when we do that we have an opportunity to leave our children with a better world. Cutting someone into pieces won't fetch you much, that is no different from Taliban's approach of stoning infidel women, singers and anti-shariats.

    It doesnt mean that we need to take arathy for Kasab. He needs to meet his end soon. Poverty used to be a cause for terrorism once up on a time. I dont think people are starving in Saudi Arabia. I dont think Absal Guru was dying for good. But still was commiting terror against innocent people.





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  • Wendyzhu77
    07-16 06:24 PM
    You should know that processing day means NOTHING! If you are after that, it doesn't mean your case will not be processed. If you are before that, it doesn't mean your case has been processed.
    So surprised there are still lots of people keeping an eye on processing day. That's totally useless piece of information.



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  • gomirage
    06-12 10:30 PM
    Exactly what I had tried to express, you have succinctly put them in numbers. Thank you

    Both of you are missing the point. No matter how you spin it, 140,000 people getting GC per is better than reduced quota of say 80,000.

    Have you asked yourselves how you would fare if H1B program did not exist. I am not saying that you will not get GC without h1b and EB programs, sure you could go the uggly way, getting married to the fat lady in your apartment building for example.

    To sum it up I would take long wait compared to no program or a nobel-prizes only program, any day of the week.

    peace.





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  • PlainSpeak
    01-14 12:38 PM
    PlainSpeak - instead of spending so much time on responding to everyone's criticism of you, why dont you go ahead and detail out the "how" of "what" you think IV should do.

    Maybe there is a gap in the understanding of all the posters here in terms of "how" all what you have said will pan out.

    Please be specific around who, when, to whom and using what means can the "what" of your proposition be accomplished. And while you are at it, it will also be useful to lay out how and which of the activities you could personally be of help (by devoting time/ money/ energy/ All/ Some Combination).

    For all you know, it might open the eyes of a lot of people here.
    PlainSpeak - instead of spending so much time on responding to everyone's criticism of you, why dont you go ahead and detail out the "how" of "what" you think IV should do.
    My friend if all you abusive people wil stop criticing and providing abusive comments then we can start on teh actual work. I am not going to jump through hoops just because you have asked me to. First let me see whether the attitude of the people out here (Yes i mean you abusive people) will change becasue without doing that if i start on the implementing what i am talkinbg about all you guys will do is sabotage the talk

    Maybe there is a gap in the understanding of all the posters here in terms of "how" all what you have said will pan out.
    This is a forum right. How what where and when will have to be discussed and worked out (And yes i do not want any credit for it so name it GCHope2001's grand idea for all i care), but ....
    If everyone is against the plan from the start (and being vocally abusive about it) how do you think anything will move forward on this

    Please be specific around who, when, to whom and using what means can the "what" of your proposition be accomplished. And while you are at it, it will also be useful to lay out how and which of the activities you could personally be of help (by devoting time/ money/ energy/ All/ Some Combination).
    Only if i think at least 25 % of all you senior abusive member even agree in principle with what is being proposed. Heck my idea is for releif for EB retrogressed persons and all i get from all you senior memebers and donors is oh he is lazy skill less eb3 and he is doing it to get his creen card and other comments and everyone is all about lets bash this person and oh wow she is a gal so lets do some crude women joke (There was a guy ealier who talked about proper up bringing. I do not see you here any more)

    And yes my friends please use this as an oppurtunity to start off a new discussion about how he needs help. My friends everyone needs help. Even you. Even core

    For all you know, it might open the eyes of a lot of people here. How can some one open up the eyes of the people who bent on keeping it closed. First is there a concensus on this. I do not see any. Any you want me to stand up ubn front of all these people batying for blood and give a detail idea of ho wi wil accomplish. I do not talk to people like that why would i talk about any plan to those who do not agree with even discussing it forget about implementing it



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  • msp1976
    02-13 02:54 PM
    Bottom line is EB3-ROW is enjoying with the expense of EB2 India and China.
    Whether overflow happens vertically or horzontaly is subject to interpretation and we cannot really say if EB3 ROW is getting any undue advantage.....
    That matter can be litigated.....





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  • gc_chahiye
    06-28 08:21 PM
    Read this memo:

    http://bibdaily.com/pdfs/6-21-07%20AILA%20memo%20to%20Atyes%20&%20Neufeld.pdf

    USCIS has indeed broken the law by doing what it did this month.


    It has gone against what they used to do in the past, and they have not published this new policy in a place where stakeholders have a say (or atleast get to know in advance that the policy is changing). Valid complaints. But I dont think AILA is saying they broke the law. And thats scary.





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  • krish2005
    01-14 01:56 PM
    If these tougher H1B rules are being targeted towards sending H1B out of the country, then these are the ways I could think that they will impact

    -- Increase employment chances for those unemployed if many h1B folks are sent back being rejected - Marginal positive impact as its still upto the employer to pick an appropriate resource against existing H1B candidate
    -- Decrease inflow of money from h1B apps and subsequent renewals/GC process related fees -- Cons
    -- Lesser work for lawyers and tax consultants -- Cons
    -- Lesser or meagre tax income from those trickle of H1B who will remain still
    -- Heavy economic impact on sales front to name a few - housing rentals downfalls/car rentals companies going bankrupt or closures and those corresponding resources going out of work and become unemployed.
    -- Majorly technical expertise impact - braindrain which was happening due to economy downfall and GC process delays. It will only get more worse for US aiming to be top in technological front in terms of IT.

    As somebody pointed out if AILA is working to get this memo being stopped then we will get some relief, else we are doomed.

    Maybe I am wrong on certain points, but there are heavier repercussions at the economic front if this is being actioned.





    Legal
    07-25 02:37 PM
    Do you guys remember how many visas USCIS processed within the Last few days of June 2007 ( I remember it was around 20k) just to make sure they exhaust the Visa numbers and rollback the Visa Bulletin?

    If it's possible for them to complete as many applications within a short span of time,it means they are capable of processing the applications faster...

    Now due to more hiring they might process all the available visas by the end of the year.

    Not that I'm having hopes of me getting 485 approved based on my PD, but just to put things in perspective....

    We'll see once we hit Aug 1st......

    Baseline average approvals have been 9000+ per month......read this link.

    http://www.ilw.com/articles/2007,0716-lee.shtm

    Details Leaking Out on July Visa Chart Fiasco Show Extraordinary and Legally Questionable Steps by U.S.C.I.S. to Exhaust Visa Numbers to Protect Fee Hike Collections
    by Alan Lee, Esq.
    More details came to light today as the New York Times reported that immigration officials said that employees were put to work both days last weekend at service centers in Texas and Nebraska, and that 25,000 applications were processed in the final 48 hours before Monday's deadline. ]


    This means that given the statutory authority to approve 140,000 numbers per year, the agency in the seven years has averaged 113,901 completed cases per year, or 9,492 approvals per month. ...........

    Department of State could say that sudden backlog reduction efforts by Citizenship and Immigration Services offices during the past month had resulted in the use of almost 60,000 employment numbers constitutes a phenomenon attributable solely to overtime work at the service centers during the last weekend and the cutting of corners on security as seen in the New York Times article.





    mchundi
    01-23 06:04 PM
    I personally know a guy who used Nick's services. Bottomline, his 485 was rejected as Nick sold the same labor to other guys as well. As for him, spend some time on EAD and now he is back on H1. What happens to his VISA number. Returns to the pool? Which pool? Or is it lost as the VISA number was used from last year's quota.