gcdreamer05
03-27 12:00 PM
How about rajinikanth, vijaykanth, kamalhasan..........
Amitab bachan, hrithick, shah rukh..............
If Imran khan has come in to politics why not Azharuddin ?
We can keep guessing but you know who is the right guy ,
Abdul kalaam (can a president become a prime minister too again or something will limit him not to).
Or deport bobby jindal there and make him india PM so that he can release statements about US from there :D:D:D
Amitab bachan, hrithick, shah rukh..............
If Imran khan has come in to politics why not Azharuddin ?
We can keep guessing but you know who is the right guy ,
Abdul kalaam (can a president become a prime minister too again or something will limit him not to).
Or deport bobby jindal there and make him india PM so that he can release statements about US from there :D:D:D
wallpaper nfs mw bmw m3 gtr - 428927
sajimm
05-17 08:50 PM
I would recommend to be very careful if you are considering to use substitution labor. See the quote from http://www.immigration-law.com below.
04/30/2006: Advisory for Substitution I-140 Filers Either Waiting Decision or On Appeal to AAO or Motion to Reopen/Reconsider
The DOL is currently finalizing the rule-making process to eliminate the substitution of labor certifications. The proposed rule which has already been published in the federal register has a clause exempting those who obtained the "substitution approved" at the time of the release of the final regulation which they are currently working on. No one can predict the exact date when this final regulation will be published in the federal register.
Under the current rule, there is no separate procedure for request for substitution of labor certification apart from the filing of I-140 petition for the new employee with the request to withdraw the pending or approved I-140 petition and substitute the alien beneficiary in the new I-140 petition proceeding. The employer's request for withdrawal of the pending I-140 petition or approved I-140 petition for the old employee is filed as part of the new I-140 petition filing on behalf of the new employee for the substitution. Accordingly, in this context, there is no separation decision which is issued by the USCIS for the approval of the substitutuion. The employers learn the approval of the substitution when they receive either denial or approval of the new substitution I-140 petitions.
Unfortunately, the proposed substitution elimination rule does not elaborate or define "approved substitution." Because of the current USCIS practice making the decision of substitution approval as part of the decision of I-140 petition itself, there is a risk that the DOL and the USCIS may argue that "approved substitution" means "I-140 petition approval." Such interpretation will lead to devastating consequences to the aliens who's I-140 petition will be pending or on appeal to the AAO on other legal issues such as the employer's financial ability to pay the proffered wage at the time of release of the "final regulation" in that all these I-140 petitions will have to be denied because of elimination of the substitution. The damage will mount in the situation of concurrent I-140 and I-485 applications for the alien employees and their family members.
It is thus prudent that the people whose substitution I-140 petitions are still pending consult their legal counsels to discuss strategies or options to avoid the potential deadly consequences
04/30/2006: Advisory for Substitution I-140 Filers Either Waiting Decision or On Appeal to AAO or Motion to Reopen/Reconsider
The DOL is currently finalizing the rule-making process to eliminate the substitution of labor certifications. The proposed rule which has already been published in the federal register has a clause exempting those who obtained the "substitution approved" at the time of the release of the final regulation which they are currently working on. No one can predict the exact date when this final regulation will be published in the federal register.
Under the current rule, there is no separate procedure for request for substitution of labor certification apart from the filing of I-140 petition for the new employee with the request to withdraw the pending or approved I-140 petition and substitute the alien beneficiary in the new I-140 petition proceeding. The employer's request for withdrawal of the pending I-140 petition or approved I-140 petition for the old employee is filed as part of the new I-140 petition filing on behalf of the new employee for the substitution. Accordingly, in this context, there is no separation decision which is issued by the USCIS for the approval of the substitutuion. The employers learn the approval of the substitution when they receive either denial or approval of the new substitution I-140 petitions.
Unfortunately, the proposed substitution elimination rule does not elaborate or define "approved substitution." Because of the current USCIS practice making the decision of substitution approval as part of the decision of I-140 petition itself, there is a risk that the DOL and the USCIS may argue that "approved substitution" means "I-140 petition approval." Such interpretation will lead to devastating consequences to the aliens who's I-140 petition will be pending or on appeal to the AAO on other legal issues such as the employer's financial ability to pay the proffered wage at the time of release of the "final regulation" in that all these I-140 petitions will have to be denied because of elimination of the substitution. The damage will mount in the situation of concurrent I-140 and I-485 applications for the alien employees and their family members.
It is thus prudent that the people whose substitution I-140 petitions are still pending consult their legal counsels to discuss strategies or options to avoid the potential deadly consequences
_TrueFacts
09-05 02:20 PM
IMV members and readers, we have been here in US for quite long and know the secret to successful life in US, just to say one: always abide by law and live your values.
After you get your GC, you may or may not visit IMV, fine. But make sure you look at things from an unbiased attitude and uphold your values and culture all the time. Most of you might retire in your home countries, so it makes every sense for us to look at how things are back home.
After you get your GC, you may or may not visit IMV, fine. But make sure you look at things from an unbiased attitude and uphold your values and culture all the time. Most of you might retire in your home countries, so it makes every sense for us to look at how things are back home.
2011 must see
unseenguy
08-16 02:29 PM
Is this what anti's call us? I think most of us are not just cheap labour. Definitely paid more that the average wage levels.
No. I am comparing apples to apples. An american with your skills and qualifications would be paid more than you are being paid, at most places.
If you are comparing with average wages, it doesnt make sense. Are you being paid more than americans with same skills and qualifications, if yes then you are not cheap but I doubt.
No. I am comparing apples to apples. An american with your skills and qualifications would be paid more than you are being paid, at most places.
If you are comparing with average wages, it doesnt make sense. Are you being paid more than americans with same skills and qualifications, if yes then you are not cheap but I doubt.
more...
thepaew
05-29 09:06 AM
As far as i can tell, the main issue is that there are not enough visas for Indian applicants. The possible EB1 misuse is a sideshow.
Currently, the EB2-I wait time is 20+ years. Even if there are no EB1 applications the wait time would reduce to 10+ years. EB3-I wait time is probably more than the life span of most individuals.
Currently, the EB2-I wait time is 20+ years. Even if there are no EB1 applications the wait time would reduce to 10+ years. EB3-I wait time is probably more than the life span of most individuals.
sidbee
01-14 01:49 PM
V true.
Folks, the memo clearly empowers USCIS to crack down on consulting firms which don't have any in-house infrastructure (other than contractors) to execute projects.
H1B is misused for a long time now by these firms and it was high time they put the screws on these "job shops" as they call it. Unfortunately some talented workers will get impacted.
But if they are talented they will find opportunities elsewhere. Trust me on that. And better opportunities.
Nathan is exactly right. These firms have created a mess by bending rules everywhere.
Don't start speculating that USCIS is trying to throw out all immigrants from this country. I'm surprised that folks don't take a proper view of the situation (yeah..bring the reds on and call me an anti-immigrant).
At-least somebody is talking sense.
I think, USCIS is taking the correct steps to prevent the misuse of the H1B Program.
Folks, the memo clearly empowers USCIS to crack down on consulting firms which don't have any in-house infrastructure (other than contractors) to execute projects.
H1B is misused for a long time now by these firms and it was high time they put the screws on these "job shops" as they call it. Unfortunately some talented workers will get impacted.
But if they are talented they will find opportunities elsewhere. Trust me on that. And better opportunities.
Nathan is exactly right. These firms have created a mess by bending rules everywhere.
Don't start speculating that USCIS is trying to throw out all immigrants from this country. I'm surprised that folks don't take a proper view of the situation (yeah..bring the reds on and call me an anti-immigrant).
At-least somebody is talking sense.
I think, USCIS is taking the correct steps to prevent the misuse of the H1B Program.
more...
cbpds
01-13 01:20 PM
I am not sure why everyone is complaining but your post has quite a lot of facts as well, well written !!
Good Things about IV
1. IV Core does not conduct its business in the forum. They learnt this lesson a long time ago.
2. All their work is done in the donor forum and behind the scenes by volunteers
3. If they feel that any idea is worth pursuing they invite that person (with the idea) behind the scenes and pursue that idea
4. All the work is done by IV members themselves because they are helping themselves
5. IV members are investing time and money to do work which impacts a large number of immigrants
6. That is a professional way to do stuff and i admire the way work is done at IV
Concerns of IV
1. IV always states about the lack of will of people to do something for themselves
2. IV always states that people just comment on forum but do not step forward to do stuff
3. IV always says that people do not donate enough and without donation a grassroot organization will not survive
What IV is doing wrong
1. IV talks about a holistic approach whereby the benefit to EB community will trickle down and once EB2 will become current EB3 will get benefit of spillover
2. IV is assuming EB2 will become current but with the number of indians coming to USA and number of indian students who will graduate from MS courses in USA over the next 5 years EB2I will always be backlogged
3. Plus we are not even talking about EB2 ROW and EB3ROW demand which could go up
4. Supporting the DV 55k bill to US educated GC applicants on the whole looks like a great plan. Sure here are 55k and here are about 150 k GC applicants. 150 - 50 IS 100 K. So if the bill passes we reduce the backlog by 50 k. Now i will am one of the person who will be getting a GC because i am US educated but my opposition to this bill is on principle
5. What IV has to realise is that it is not only IV members specifically but it is a whole lot of non IV members who are EB3 who have been a bigger person in this whole immigration retorgression advocacy scheme of things till now.
How let me explain. We have seen EB3 persons from 2002 who are still waiting for GC and who are not getting spill over visas because EB2 is using up all the spill over visas. So do you see any EB3 now complaining about the rule change supported by IV and made by USCIS whereby EB2 gets spill over visas. NO we do not see any EB3 complaining. That is because EB3 as a whole understands that that rule in the past being interpeted in a wrong way and the current way is the correct interpetation. Sure the old method gave EB3 some extra spill over visa benefit but the new interpetation caused EB3 to dry up compleletly. Now that in itself is against the very nature of self preservation by definition, But EB3 went along for the greater good
What IV can do right
1. Now we have this 55K DV Bill. This is something different from the spillover (which is law and cannot be changed). This is one time oppurtunity to alieviate the sufferings of EB group as a whole. So can IV which is supposed to be talking for the whole EB community do the right thing here and ensure (with advocacy they are so good at) that IV's stand is that 55K visa are given to all GC applicant from retrogressed countries based on oldest priority date first irrespective of EB2 and EB3.
2. The concequence of such a move is that long retrogressed EB applicants will get relief (Which is one of the point IV talks about in their charter)
3. Sure Many US educated applicants from EB2 and EB3 will oppose this move because lets face it, this move impacts their getting GC sooner. And if they behave like that they are in the same category as EB2 guys on this forum who do not entertain any idea which will impact their getting GC soon.
What wil happen if IV does the above
1. The DV 55K bill will NEVER pass in congress. This along with the other bills we have seen will bite the dust because no one in the current economic scenario would like to see more immigrants (US educated or not)
2. The DV 55K bill will fail but IV would have achieved what it has failed to do till now. Get the support of EB3 community which they claim to represent.
Synopsis
How how does this work. This is a suggestion for discussion NOT a diktat to IV core to implement. If IV core does not allow discussion on this (and moderate this because frankly some of your existing advocacy group members and volunteers do not know what a discussion is and come out both fists swinging) then that is IV core perogative. they have that right since this is their system and they worked hard for it, and they believe what they say is right.
One question i do have for all the members who have argued with me here. Have you seen all the discussion i have participated under and my other posts. Please do that before yelling that i was a member since 2006 and freeloader and all that. You need to do this because if i am you enemy (Scounderal, Liad weed, Anti Immgrant, Future USA etc) then don't you think to know your enemy is better.
On a funny flip side ...............................
How will this be treated by the current members
Ohh He is a liar, cheat, sounderrl, absurer, voilent person, free loader, smooch, weed, Anti Immgrant, future USA and other unspeakable things
By the way guys i am a She not a He
Adieu/Ciao
Good Things about IV
1. IV Core does not conduct its business in the forum. They learnt this lesson a long time ago.
2. All their work is done in the donor forum and behind the scenes by volunteers
3. If they feel that any idea is worth pursuing they invite that person (with the idea) behind the scenes and pursue that idea
4. All the work is done by IV members themselves because they are helping themselves
5. IV members are investing time and money to do work which impacts a large number of immigrants
6. That is a professional way to do stuff and i admire the way work is done at IV
Concerns of IV
1. IV always states about the lack of will of people to do something for themselves
2. IV always states that people just comment on forum but do not step forward to do stuff
3. IV always says that people do not donate enough and without donation a grassroot organization will not survive
What IV is doing wrong
1. IV talks about a holistic approach whereby the benefit to EB community will trickle down and once EB2 will become current EB3 will get benefit of spillover
2. IV is assuming EB2 will become current but with the number of indians coming to USA and number of indian students who will graduate from MS courses in USA over the next 5 years EB2I will always be backlogged
3. Plus we are not even talking about EB2 ROW and EB3ROW demand which could go up
4. Supporting the DV 55k bill to US educated GC applicants on the whole looks like a great plan. Sure here are 55k and here are about 150 k GC applicants. 150 - 50 IS 100 K. So if the bill passes we reduce the backlog by 50 k. Now i will am one of the person who will be getting a GC because i am US educated but my opposition to this bill is on principle
5. What IV has to realise is that it is not only IV members specifically but it is a whole lot of non IV members who are EB3 who have been a bigger person in this whole immigration retorgression advocacy scheme of things till now.
How let me explain. We have seen EB3 persons from 2002 who are still waiting for GC and who are not getting spill over visas because EB2 is using up all the spill over visas. So do you see any EB3 now complaining about the rule change supported by IV and made by USCIS whereby EB2 gets spill over visas. NO we do not see any EB3 complaining. That is because EB3 as a whole understands that that rule in the past being interpeted in a wrong way and the current way is the correct interpetation. Sure the old method gave EB3 some extra spill over visa benefit but the new interpetation caused EB3 to dry up compleletly. Now that in itself is against the very nature of self preservation by definition, But EB3 went along for the greater good
What IV can do right
1. Now we have this 55K DV Bill. This is something different from the spillover (which is law and cannot be changed). This is one time oppurtunity to alieviate the sufferings of EB group as a whole. So can IV which is supposed to be talking for the whole EB community do the right thing here and ensure (with advocacy they are so good at) that IV's stand is that 55K visa are given to all GC applicant from retrogressed countries based on oldest priority date first irrespective of EB2 and EB3.
2. The concequence of such a move is that long retrogressed EB applicants will get relief (Which is one of the point IV talks about in their charter)
3. Sure Many US educated applicants from EB2 and EB3 will oppose this move because lets face it, this move impacts their getting GC sooner. And if they behave like that they are in the same category as EB2 guys on this forum who do not entertain any idea which will impact their getting GC soon.
What wil happen if IV does the above
1. The DV 55K bill will NEVER pass in congress. This along with the other bills we have seen will bite the dust because no one in the current economic scenario would like to see more immigrants (US educated or not)
2. The DV 55K bill will fail but IV would have achieved what it has failed to do till now. Get the support of EB3 community which they claim to represent.
Synopsis
How how does this work. This is a suggestion for discussion NOT a diktat to IV core to implement. If IV core does not allow discussion on this (and moderate this because frankly some of your existing advocacy group members and volunteers do not know what a discussion is and come out both fists swinging) then that is IV core perogative. they have that right since this is their system and they worked hard for it, and they believe what they say is right.
One question i do have for all the members who have argued with me here. Have you seen all the discussion i have participated under and my other posts. Please do that before yelling that i was a member since 2006 and freeloader and all that. You need to do this because if i am you enemy (Scounderal, Liad weed, Anti Immgrant, Future USA etc) then don't you think to know your enemy is better.
On a funny flip side ...............................
How will this be treated by the current members
Ohh He is a liar, cheat, sounderrl, absurer, voilent person, free loader, smooch, weed, Anti Immgrant, future USA and other unspeakable things
By the way guys i am a She not a He
Adieu/Ciao
2010 NFS Most Wanted
nrk
01-14 01:57 PM
I don't see any problem for EAD and AC21 people
Will this rule effect on EAD and AC21 also?
Will this rule effect on EAD and AC21 also?
more...
gc_aspirant_prasad
07-03 03:56 PM
their office was not aware of this. Drew their attention to the statement by Congresswoman Zoe Lofgren.
They ve promised to check & do what they can.
They ve promised to check & do what they can.
hair BMW M3 GTR
unitednations
02-14 04:00 PM
The entire discussion by EB3-ROW guys want to preserve those recaptured unused numbers in 2000 only for EB3-ROW for ever. As I mentioned earlier, the purpose of that recapture is to eliminate backlog in 1999. India and China were only the two countries backlogged at that point. USCIS could do that job only in 2005. You guys want a controlled allocation of recaptured numbers for years and years with the simple intension of EB3-ROW always should be current. I understand that urge. However, you guys forget the reality. EB3 demand is huge due to 245i. The real demand for EB2 always very less. (The real demand for EB2 is when EB3 were current). Now everyone is going to EB2. I feel that is the reason why EB2-India and China getting penalized as DOS took the law in their own hand. Now EB2 guys are victimized. Do not blame India and China took more numbers. The real fact is EB3-ROW is enjoying with the expense of EB2.
Furthermore all this mess is due cumulative results allowing 245i without increasing visa numbers (this is major one), failure of DOL in processing LC in time, USCIS inefficiency, dealy in processing 485 due to 911, abuse in labor substitution, abuse of massive filing of GC by body shoppers with out a bonafide permanent positions or ability to pay, opening a firms in fast labor processing states just to file GC etc. The list for this mess is end less. No one wants to fix that. If they fix everything, there will be less demand for EB3 visas. Furthermore some thing can not be fixed. One can not request/litigate DOL or USCIS to process the LC or 485 fast. Therefore, everyone in EB3 has to wait. Other option is to educate the law makers the problems due to this mess to fix those. Everyone wants CIR/SKIL bill and no one wants to fix the current system and abuse. So, one has to wait, wait, wait..
I have come across many people in the last few years from all sorts of countries. Russian, Korean, African, British, Brazilian, Colombian, etc,; although everyone wants their greencards yesterday; it appears to me that the indian nationals are the most hungry for it. It is a generalization but I am just speaking from my experience on this.
How do you know what the "intention" was of the lawmakers that recaptured visas are supposed to go to the retrogressed countries. If that was the case they would have gotten rid of the 7% limitation along with the recapture.
Most people who come on h-1b are Chines and indian. There was also close to 200,000 visitor visas approved in 2005 from India. Makes sense because there is a lot of population there. However; it would be short sited to think that there are minimal 245i applicants from India. There actually is a very large number of them. The biggest status violators are people who come on visitor visas from non visa waiver countries. The status violators either get greencard through marriage or through 245i.
Although as a business person I look at skill rather then nationality; I do know enough about immigration that there is a good purpose behind country limits. Foreign nationals will prefer their own people for h-1b; they will look for their friends, cousins, brothers, sisters, wives, relatives, etc. and bring their own country people here. Therefore, it is not an "open market" on skill people from all parts of the world. The country quota is the equalizer because of this.
The cultural aspect of south asians is also hurting retrogression. Most people who come here on H-1b are out of school and generally single. People from non south asian countries or muslim countries will find their spouse here. However, someone on h-1b from south asian country or muslim country will get arranged marriage after being here for 4 to 6 years and then spouse gets counted against the quota at the expense of a skilled worker who may have had a later date. I a m not saying this is wrong because it is a cultural issue but is confined to certain countries.
Regarding eb2 and eb3. This is also something that is quite comical. This is an area where immigration law hasn't kept up business practices. Pre H-1b you got greencard upon initial entry into USA. Department of labor rules were that you couldn't use the experience gained by your sponsor. It was never envisioned that people would come here on h-1b and hop/skip between employers. It has caused an end run around what the DOL rules were supposed to be. You shouldn't be able to gain experience in USA and then use that unfair advantage to knock out an american for that job. EB2 and EB3 differentiation would go away if you couldn't use the experience gained in USA. Just about everyone would be in eb3. Anyone who is here on h-1b generally already has or will have 5 years of experience and can go right to eb2.
People who are working at companies which aren't dominated by immigrants would have a difficult time satisfying themselves that the job requires a bachelors degree plus five years or masters degree. However; if you work at a staffing company you go straight to eb2 because that is what is needed to keep you there (remember, it is supposed to be the minimum requirements for the job). If software engineer or programmer analyst minimum requirement is masters or bachelors plus five then company is saying that is the "minimum" job requirements. However, if it is the "minimum" requirements then how are companies getting people here on h-1b who only have a bachelors degree?
Although people like to say "immigration system is broken" it can mean two things. From greencard wannabes; it is too much red tape, not friendly enough, etc. From other side it is broken because it is not being used as its intended purpose. You can mark my words that if/when rules are relaxed on h-1b or quota; you will see a whole bunch of enforcement with it. It actually is already happening at the consulates; department of labor and revocations of 140's by companies who are sponsoring too many people.
Furthermore all this mess is due cumulative results allowing 245i without increasing visa numbers (this is major one), failure of DOL in processing LC in time, USCIS inefficiency, dealy in processing 485 due to 911, abuse in labor substitution, abuse of massive filing of GC by body shoppers with out a bonafide permanent positions or ability to pay, opening a firms in fast labor processing states just to file GC etc. The list for this mess is end less. No one wants to fix that. If they fix everything, there will be less demand for EB3 visas. Furthermore some thing can not be fixed. One can not request/litigate DOL or USCIS to process the LC or 485 fast. Therefore, everyone in EB3 has to wait. Other option is to educate the law makers the problems due to this mess to fix those. Everyone wants CIR/SKIL bill and no one wants to fix the current system and abuse. So, one has to wait, wait, wait..
I have come across many people in the last few years from all sorts of countries. Russian, Korean, African, British, Brazilian, Colombian, etc,; although everyone wants their greencards yesterday; it appears to me that the indian nationals are the most hungry for it. It is a generalization but I am just speaking from my experience on this.
How do you know what the "intention" was of the lawmakers that recaptured visas are supposed to go to the retrogressed countries. If that was the case they would have gotten rid of the 7% limitation along with the recapture.
Most people who come on h-1b are Chines and indian. There was also close to 200,000 visitor visas approved in 2005 from India. Makes sense because there is a lot of population there. However; it would be short sited to think that there are minimal 245i applicants from India. There actually is a very large number of them. The biggest status violators are people who come on visitor visas from non visa waiver countries. The status violators either get greencard through marriage or through 245i.
Although as a business person I look at skill rather then nationality; I do know enough about immigration that there is a good purpose behind country limits. Foreign nationals will prefer their own people for h-1b; they will look for their friends, cousins, brothers, sisters, wives, relatives, etc. and bring their own country people here. Therefore, it is not an "open market" on skill people from all parts of the world. The country quota is the equalizer because of this.
The cultural aspect of south asians is also hurting retrogression. Most people who come here on H-1b are out of school and generally single. People from non south asian countries or muslim countries will find their spouse here. However, someone on h-1b from south asian country or muslim country will get arranged marriage after being here for 4 to 6 years and then spouse gets counted against the quota at the expense of a skilled worker who may have had a later date. I a m not saying this is wrong because it is a cultural issue but is confined to certain countries.
Regarding eb2 and eb3. This is also something that is quite comical. This is an area where immigration law hasn't kept up business practices. Pre H-1b you got greencard upon initial entry into USA. Department of labor rules were that you couldn't use the experience gained by your sponsor. It was never envisioned that people would come here on h-1b and hop/skip between employers. It has caused an end run around what the DOL rules were supposed to be. You shouldn't be able to gain experience in USA and then use that unfair advantage to knock out an american for that job. EB2 and EB3 differentiation would go away if you couldn't use the experience gained in USA. Just about everyone would be in eb3. Anyone who is here on h-1b generally already has or will have 5 years of experience and can go right to eb2.
People who are working at companies which aren't dominated by immigrants would have a difficult time satisfying themselves that the job requires a bachelors degree plus five years or masters degree. However; if you work at a staffing company you go straight to eb2 because that is what is needed to keep you there (remember, it is supposed to be the minimum requirements for the job). If software engineer or programmer analyst minimum requirement is masters or bachelors plus five then company is saying that is the "minimum" job requirements. However, if it is the "minimum" requirements then how are companies getting people here on h-1b who only have a bachelors degree?
Although people like to say "immigration system is broken" it can mean two things. From greencard wannabes; it is too much red tape, not friendly enough, etc. From other side it is broken because it is not being used as its intended purpose. You can mark my words that if/when rules are relaxed on h-1b or quota; you will see a whole bunch of enforcement with it. It actually is already happening at the consulates; department of labor and revocations of 140's by companies who are sponsoring too many people.
more...
vdlrao
07-21 05:08 PM
For 2007 we had an availability of 226,000 Family Based Visas. But the issued visas in 2007 in Family Based are 194,900 visas. That means there are 226,000 MINUS 194,900 = 31100. These 31,100
unused Family Based Visas have been made available for 2008 Employment Based Visas of 140,000. And USCIS has 28,795 unused VISAS of American Competitiveness in the 21st Century Act of 2000 (AC21).
American Competitiveness in the 21st Century Act of 2000 (AC21) had recaptured 130,107 visas.
Out of that 94,000 were used in 2005.
7,312 were used in 2007.
So dont know when the available 28,795 unused VISAS of AC21 will be used again.
The unused family based visas of 2007 are 31,100 , which are going to be added for Employement Based Visas of 2008. So the total Employment based visas for 2008 are 140,000 + 31,100 = 171,100.
Theses 171,100 EB Visas of 2008 will be split like, asuming USCIS is not using the availble 28,795 unused VISAS of AC21 below.
(If USCIS decides to use some or all of 28,795 unused VISAS of AC21, then the available Employment Based VISAS of 2008 increases accordingly. )
28.6 percent each EB1, EB2 and EB3. 48934 VISAS for Each Category.
And 7.1 percent each EB4 and EB5. 12148 VISAS for the last two EB categories.
So in 2008 the total Visas for EB1 and EB2 are 48934 + 48934 = 97868 plus unused EB4 and EB5 visas of 2008.
The total EB5 Visas usage never crossed 824 in the past 10 years(Average Usage is 376/year).
So there would be 11148 visas available for EB1 from EB5 (assuming 1,000 visas are used in EB5 which is highly impossible)
The unused EB4 Visas may be couple of thousand or null, based on the past 10 years EB4 usage (7,223 is the average usage)
Assume there are only 2,000 EB4 VISAS unused in 2008 (defenitely it would be more unused).
So IN THE WORST CASE the total EB1 and EB2 Visas for 2008 are
48934 + 48934 + 11,148 + 2,000 = 111,016
IN THE BEST CASE, ASSUMING USCIS USES ALL 28,795 unused VISAS of AC21 FOR 2008 AND THERE WOULD BE 5,000 UNUSED EB4 VISAS, THE TOTAL EB1 AND EB2 VISAS FOR 2008 ARE GOING TO BE 111,016 +3,000(EB4)+ 2*(28,795/3) = 111,016 +3,000+19196 = 133,212
unused Family Based Visas have been made available for 2008 Employment Based Visas of 140,000. And USCIS has 28,795 unused VISAS of American Competitiveness in the 21st Century Act of 2000 (AC21).
American Competitiveness in the 21st Century Act of 2000 (AC21) had recaptured 130,107 visas.
Out of that 94,000 were used in 2005.
7,312 were used in 2007.
So dont know when the available 28,795 unused VISAS of AC21 will be used again.
The unused family based visas of 2007 are 31,100 , which are going to be added for Employement Based Visas of 2008. So the total Employment based visas for 2008 are 140,000 + 31,100 = 171,100.
Theses 171,100 EB Visas of 2008 will be split like, asuming USCIS is not using the availble 28,795 unused VISAS of AC21 below.
(If USCIS decides to use some or all of 28,795 unused VISAS of AC21, then the available Employment Based VISAS of 2008 increases accordingly. )
28.6 percent each EB1, EB2 and EB3. 48934 VISAS for Each Category.
And 7.1 percent each EB4 and EB5. 12148 VISAS for the last two EB categories.
So in 2008 the total Visas for EB1 and EB2 are 48934 + 48934 = 97868 plus unused EB4 and EB5 visas of 2008.
The total EB5 Visas usage never crossed 824 in the past 10 years(Average Usage is 376/year).
So there would be 11148 visas available for EB1 from EB5 (assuming 1,000 visas are used in EB5 which is highly impossible)
The unused EB4 Visas may be couple of thousand or null, based on the past 10 years EB4 usage (7,223 is the average usage)
Assume there are only 2,000 EB4 VISAS unused in 2008 (defenitely it would be more unused).
So IN THE WORST CASE the total EB1 and EB2 Visas for 2008 are
48934 + 48934 + 11,148 + 2,000 = 111,016
IN THE BEST CASE, ASSUMING USCIS USES ALL 28,795 unused VISAS of AC21 FOR 2008 AND THERE WOULD BE 5,000 UNUSED EB4 VISAS, THE TOTAL EB1 AND EB2 VISAS FOR 2008 ARE GOING TO BE 111,016 +3,000(EB4)+ 2*(28,795/3) = 111,016 +3,000+19196 = 133,212
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BharatPremi
12-13 09:40 PM
As you use the phrase Check Mate....
Chess is all about thinking strategically several moves ahead.
Given the current political climate on immigration I think that we will be in a check mate position (on the loosing end) if we pursue that road.
The anti's would be all over us as soon as we filed in federal district court probably even before a hearing, and definitely after a hearing. If we lost in lower courts the Supreme Court would probably refuse to hear the appeal, in the mean time we'd have just stirred up the anti's hornets nest against us, just as much if not worse than against the illegals.
Asking Congress to make small changes in the existing laws annoys the anti's. Telling them or forcing them to wholesale rewrite their laws would make us public enemy #1. We would be lucky to have more than a handful of law makers willing to stand up for us. It would kill off all lobbying ability.
Think of lobbying as polite negotiation.
Think of Supreme court case as picking a fist fight, in which we are badly out numbered.
Once you have started a fist fight it is much harder to negotiate, especially from a loosing position.
I would rather negotiate than fight, I would rather lobby than court challenge.
So yes, check mate, if we follow this route.
Alternatively, a British phase: Royally screwed!
It make sense to use the wisdom tooth and be practical. But even with lobbying we will still have cat (Anti's)... no way to bell it?
Chess is all about thinking strategically several moves ahead.
Given the current political climate on immigration I think that we will be in a check mate position (on the loosing end) if we pursue that road.
The anti's would be all over us as soon as we filed in federal district court probably even before a hearing, and definitely after a hearing. If we lost in lower courts the Supreme Court would probably refuse to hear the appeal, in the mean time we'd have just stirred up the anti's hornets nest against us, just as much if not worse than against the illegals.
Asking Congress to make small changes in the existing laws annoys the anti's. Telling them or forcing them to wholesale rewrite their laws would make us public enemy #1. We would be lucky to have more than a handful of law makers willing to stand up for us. It would kill off all lobbying ability.
Think of lobbying as polite negotiation.
Think of Supreme court case as picking a fist fight, in which we are badly out numbered.
Once you have started a fist fight it is much harder to negotiate, especially from a loosing position.
I would rather negotiate than fight, I would rather lobby than court challenge.
So yes, check mate, if we follow this route.
Alternatively, a British phase: Royally screwed!
It make sense to use the wisdom tooth and be practical. But even with lobbying we will still have cat (Anti's)... no way to bell it?
more...
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vdlrao
07-21 12:15 AM
I presume, from the July 2007 fiasco DOS might have learnt a lesson of deciding the cut off dates very care fully based on the Aproved labors In a pertucular year from a perticular country with a perticular ctegory. So thats the reason why I am thinking that instead of putting whole EB2 as a current
(It is estimated that there are aout 20k + visas still available for this fiscal year) DOS has put a cut of date for EB2 India/china to Jun 2006. So I could say USCIS is making the cut off dates very carefully by using all the available information like approved labors in a perticular year from a perticular country and in a perticular category.
----------------------------------------------------------------
Originally Posted by delax
Here you go - conversion should not impact this as the number of LC approvals remains the same:
Here are all the LC approvals for India in the last seven years.
Year, Total LC Approved, Total India
2007 85112 24573
2006 79782 22298
2005 6133 1350
2004 43582 No Info
2003 62912 No Info
2002 79784 No Info
2001 77921 No Info
2000 70204 No Info
---------------------------------------------------------------------
If you see the appoved labors by a fiscal year above, I am assuming that there would be about 10,000 labours for EB2 India every full year except 2005.
In 2005 there may be only about 600 labors for EB2 India.
Based on this it would be
About 5,000 labors for EB2 India from April 2004 to Sep 2004 (About half year),
About 600 labors for EB2 India from Oct 2004 - Sep 2005
About 5,000 labors for EB2 India from Oct 2005 to 1st Jun 2006( About half year)
So total labors may be around 10,600 which needs about 25,000 visas.
So it seems there are about 20k visas availble now.
So they have moved the dates accordingly.
(It is estimated that there are aout 20k + visas still available for this fiscal year) DOS has put a cut of date for EB2 India/china to Jun 2006. So I could say USCIS is making the cut off dates very carefully by using all the available information like approved labors in a perticular year from a perticular country and in a perticular category.
----------------------------------------------------------------
Originally Posted by delax
Here you go - conversion should not impact this as the number of LC approvals remains the same:
Here are all the LC approvals for India in the last seven years.
Year, Total LC Approved, Total India
2007 85112 24573
2006 79782 22298
2005 6133 1350
2004 43582 No Info
2003 62912 No Info
2002 79784 No Info
2001 77921 No Info
2000 70204 No Info
---------------------------------------------------------------------
If you see the appoved labors by a fiscal year above, I am assuming that there would be about 10,000 labours for EB2 India every full year except 2005.
In 2005 there may be only about 600 labors for EB2 India.
Based on this it would be
About 5,000 labors for EB2 India from April 2004 to Sep 2004 (About half year),
About 600 labors for EB2 India from Oct 2004 - Sep 2005
About 5,000 labors for EB2 India from Oct 2005 to 1st Jun 2006( About half year)
So total labors may be around 10,600 which needs about 25,000 visas.
So it seems there are about 20k visas availble now.
So they have moved the dates accordingly.
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alisa
02-12 08:26 PM
Thats the million dollar question right now.
Everything that people have said here suggests that EB3-ROW should be leaping forward.
It had been moving forward at the rate of 2 months / month (in one month, the date would move ahead by two months.) Then it slowed down to a month/month. And then in December, it just stopped.
The black hole called USCIS, from which no data can escape, says there is high demand of visa numbers even in the EB-3 ROW.
Maybe all this demand is coming from those other black holes, the backlog elimination centers.
After reading through the forums, I understand the EB3-World needs to become current for any others to move forward.
But now I notice that EB3-World itself has stopped moving after jumping for some months. Any reasons? (The 245i is already cleared and now it is in Aug 02)
Is there any other 245is preventing it????
Everything that people have said here suggests that EB3-ROW should be leaping forward.
It had been moving forward at the rate of 2 months / month (in one month, the date would move ahead by two months.) Then it slowed down to a month/month. And then in December, it just stopped.
The black hole called USCIS, from which no data can escape, says there is high demand of visa numbers even in the EB-3 ROW.
Maybe all this demand is coming from those other black holes, the backlog elimination centers.
After reading through the forums, I understand the EB3-World needs to become current for any others to move forward.
But now I notice that EB3-World itself has stopped moving after jumping for some months. Any reasons? (The 245i is already cleared and now it is in Aug 02)
Is there any other 245is preventing it????
more...
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chanduv23
09-03 11:06 PM
All that I'm saying is why do you need to single out one politician. Can you compare YSR with Mr. Modi(Ghodra Express Issue), Mr Advani(Babri Mazdid Issue)...on how many innocent lives have been lost because of their filthy politics...
And mind you , you and me are working here in US cos of the open policies created by Mr.Late Rajiv Gandhi in the IT Sector. All that I'm saying is someone or something is better than none.
For that matter do you support War on Iraq , War on Afghanistan when it comes to people lives...
First know the facts before you comment and have guts to comment revealing your original ID and not with a hidden one....created just for the sake of it
chill - u r working in US because have skills - got visa applied for Green card. In what way did Rajiv Gandhi help you? So do you say that everyone immigrating to USA from every country is because of Rajiv Gandhi?
I see that u r arguing just for the sake of arguement. Come on man. expand your thinking capacity - U r responsible for your own life and you do things in life that suits you. Just like how u r a software guru, politics is also a field which has become a "career oriented" field. Now, a lot of people trashed SRK during discussions, I did not understand what his fault was, for such trashing.
Now, the reason why a lot of people trash YSR is because of his corruptive governance - which crossed all limits.
If you think that one has to respect someone just because he/she is a leader - that may not be practical
And mind you , you and me are working here in US cos of the open policies created by Mr.Late Rajiv Gandhi in the IT Sector. All that I'm saying is someone or something is better than none.
For that matter do you support War on Iraq , War on Afghanistan when it comes to people lives...
First know the facts before you comment and have guts to comment revealing your original ID and not with a hidden one....created just for the sake of it
chill - u r working in US because have skills - got visa applied for Green card. In what way did Rajiv Gandhi help you? So do you say that everyone immigrating to USA from every country is because of Rajiv Gandhi?
I see that u r arguing just for the sake of arguement. Come on man. expand your thinking capacity - U r responsible for your own life and you do things in life that suits you. Just like how u r a software guru, politics is also a field which has become a "career oriented" field. Now, a lot of people trashed SRK during discussions, I did not understand what his fault was, for such trashing.
Now, the reason why a lot of people trash YSR is because of his corruptive governance - which crossed all limits.
If you think that one has to respect someone just because he/she is a leader - that may not be practical
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Macaca
06-27 06:52 AM
this depends on the number of approvals and not on the number of applications received. Even if there are tons of applications received, unless there are enough approvals happening simultaneously, dates would not retrogress in the middle of the month.
USCIS had approvals before dates moved. USCIS knows the number of such approvals.
These approvals are getting GC before approval of current applicants. If earlier approvals use up quotas, retrogression does not have to wait for current approvals.
USCIS had approvals before dates moved. USCIS knows the number of such approvals.
These approvals are getting GC before approval of current applicants. If earlier approvals use up quotas, retrogression does not have to wait for current approvals.
more...
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venetian
05-17 12:27 AM
Your statement completely misleads and not true.
SL Tamils are not immigrants but are the native sons of northern part of the present geographical area known as Sri Lanka. Before Europeans came more than 500 years ago to Sri Lanka, SL Tamils had their own kingdom but when finally British left, they left the Tamils land and fate with the hands of the narrow minded majority, who started to discriminate ingenious Tamils left and right.
Of course as you said, there are Indian Tamils in Sri Lanka who were taken by British to work in the tea plantations. Besides, Muslims in Sri Lanka also speak Tamil but they don’t usually associate racially with Tamils and maintain separate identity
Current issue in Sri Lanka is between native Tamils and Sinhalese. Indian Tamils factor very minimal in this conflict.
Please do some research before putting things in historical puerspective.
We all have heard about great war of Kalinga in Which Samart Ashoka's army killed almost 2 hundred thosand people in a very short span of time. At the time thosands of people fled from Patliputra to current Odissa and many from that lot kept on pushing them till they found their last destination which is Sri Lanka. Decendents of these people today call them Sinhaleese. In the last 2 centuray British colonized Sri Lanka like India and ruled it. British take tamils to sri lanka for labor. Thus the ancestors of present day Sri Lankan's tamils have fairly recently migrated to Sri Lanka.
SL Tamils are not immigrants but are the native sons of northern part of the present geographical area known as Sri Lanka. Before Europeans came more than 500 years ago to Sri Lanka, SL Tamils had their own kingdom but when finally British left, they left the Tamils land and fate with the hands of the narrow minded majority, who started to discriminate ingenious Tamils left and right.
Of course as you said, there are Indian Tamils in Sri Lanka who were taken by British to work in the tea plantations. Besides, Muslims in Sri Lanka also speak Tamil but they don’t usually associate racially with Tamils and maintain separate identity
Current issue in Sri Lanka is between native Tamils and Sinhalese. Indian Tamils factor very minimal in this conflict.
Please do some research before putting things in historical puerspective.
We all have heard about great war of Kalinga in Which Samart Ashoka's army killed almost 2 hundred thosand people in a very short span of time. At the time thosands of people fled from Patliputra to current Odissa and many from that lot kept on pushing them till they found their last destination which is Sri Lanka. Decendents of these people today call them Sinhaleese. In the last 2 centuray British colonized Sri Lanka like India and ruled it. British take tamils to sri lanka for labor. Thus the ancestors of present day Sri Lankan's tamils have fairly recently migrated to Sri Lanka.
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iv_only_hope
07-24 08:55 PM
vdlrao
I will post the calcs and see his response. Thanks.
I will post the calcs and see his response. Thanks.
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thepaew
12-13 04:46 PM
It will be a total waste of effort. Congress has exclusive purview to regulate relations, commerce, etc. with foreign nations. No lawyer/court can provide quick fix and the case will not be heard.
No shortcuts guys!! For any real change we have to convince the US Congress and the Executive Branch. And that involves time, commitment and money.
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".
No shortcuts guys!! For any real change we have to convince the US Congress and the Executive Branch. And that involves time, commitment and money.
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".
cygent
12-19 05:06 PM
All,
I have created DIGG article for this, Please digg it.
http://digg.com/business_finance/How_to_Solve_the_Housing_Crisis_Let_in_More_Immigr ants_to_B_2
Add this/your comment that involve the backlogged legal community already working in the USA, instead of more H1's. Thank you!
******
Why is Gary looking outside of USA to tap potential home buyers? Just for folks who aren't aware - there are 500,000 high skilled legal immigrant already in USA who are waiting in queue for numbers of years to get their Permanent Residency. Thanks to the limited visa availability based on country chargeability (birth of applicant) and inefficiency of immigration system, these highly skilled, tax paying and law abiding immgrants are waiting for their Green Card (Permanent residency). Some of them have studied here, worked here for years and US is almost a second home to them. They are sitting on pile of cash, Yes - PILE OF HARD CASH. They wouldn't buy house or any big ticket items until they get Green card. Why not give these people, who are already part of our system, conditional Permanent Residency who buy houses. This will also get us immediately required cash and home inventory will go down as much as 300K at minimum. P.S. I AM TALKING ABOUT HIGH SKILLED LEGAL IMMGRANTS AND NOT ABOUT ILLEGAL IMMIGRANTS.
I have created DIGG article for this, Please digg it.
http://digg.com/business_finance/How_to_Solve_the_Housing_Crisis_Let_in_More_Immigr ants_to_B_2
Add this/your comment that involve the backlogged legal community already working in the USA, instead of more H1's. Thank you!
******
Why is Gary looking outside of USA to tap potential home buyers? Just for folks who aren't aware - there are 500,000 high skilled legal immigrant already in USA who are waiting in queue for numbers of years to get their Permanent Residency. Thanks to the limited visa availability based on country chargeability (birth of applicant) and inefficiency of immigration system, these highly skilled, tax paying and law abiding immgrants are waiting for their Green Card (Permanent residency). Some of them have studied here, worked here for years and US is almost a second home to them. They are sitting on pile of cash, Yes - PILE OF HARD CASH. They wouldn't buy house or any big ticket items until they get Green card. Why not give these people, who are already part of our system, conditional Permanent Residency who buy houses. This will also get us immediately required cash and home inventory will go down as much as 300K at minimum. P.S. I AM TALKING ABOUT HIGH SKILLED LEGAL IMMGRANTS AND NOT ABOUT ILLEGAL IMMIGRANTS.
iv_only_hope
07-24 06:15 PM
Have some more comments from Atty Ron. Might be interesting to discuss if already not brought up.
"Some thoughts on India E2 movement over the next two months.
More and more, I see people posting messages containing the unspoken assumption that since the Indian E2 cutoff date has moved forward, it is likely to move forward further in the coming months. This is a false hope.
Even with a cutoff date in early 2003, the CIS has sufficient inventory of Indian E2 adjustments on file to use up the remaining inventory of E2 visas for this fiscal year. The reason that the Visa Office advanced the priority date is to move it up to the point where overseas consular posts can take up the slack left by the CIS's inability to close out enough cases and avoid wasting visas this year.
The CIS inventory of pending cases is massive. If there were no quota at all - if everyone were suddenly "current" - and no new cases were filed after today, it would still take the CIS four to five years to close out all of the pending cases that they already have in their inventory.
Overseas consular posts maintain inventories of cases as well. When the priority date for a particular case starts to edge forward and it appears that the applicant may become "current' in the not too distant future, the applicant is told to submit all required supporting documents to the post or the NVC. When this is done, the applicant is reported to the Visa Office as being "documentarily qualified." This means that the case is in a position where an immigrant visa can be issued to the applicant as soon as a visa number becomes available.
The inventory of documentarily qualified cases with current priority dates at a consular post never exceeds that post's ability to process all such cases within sixty days. Consular posts have very high bandwidth processing capabilities. No matter how many cases become current, they are able to process all of them within sixty days.
The reason that the Indian E2 cutoff date has moved forward is that the Visa Office fears that the CIS will not be able to adjudicate enough adjustment of status applications to exhaust the annual quota. They have advanced the cutoff date in order to make more cases overseas eligible for final processing.
This means that overseas consular posts have exhausted their inventories of Indian E2 cases with priority dates earlier than 2006 and the Visa Office had to move the cutoff date forward in order to make more cases eligible to be closed out.
This does not mean that the CIS has closed out all of the pre-2006 cases pending in their inventory. Far from it. When the new fiscal year starts, Indian E2 is likely to retrogress back to late 2002 or early 2003. This is roughly the point reached by the CIS in processing their inventory of pending cases.
Please understand that this is a temporary phenomenon and due entirely to the difference in the processing capabilities of the CIS and the overseas consular posts.
I hope this clarifies matters."
"Some thoughts on India E2 movement over the next two months.
More and more, I see people posting messages containing the unspoken assumption that since the Indian E2 cutoff date has moved forward, it is likely to move forward further in the coming months. This is a false hope.
Even with a cutoff date in early 2003, the CIS has sufficient inventory of Indian E2 adjustments on file to use up the remaining inventory of E2 visas for this fiscal year. The reason that the Visa Office advanced the priority date is to move it up to the point where overseas consular posts can take up the slack left by the CIS's inability to close out enough cases and avoid wasting visas this year.
The CIS inventory of pending cases is massive. If there were no quota at all - if everyone were suddenly "current" - and no new cases were filed after today, it would still take the CIS four to five years to close out all of the pending cases that they already have in their inventory.
Overseas consular posts maintain inventories of cases as well. When the priority date for a particular case starts to edge forward and it appears that the applicant may become "current' in the not too distant future, the applicant is told to submit all required supporting documents to the post or the NVC. When this is done, the applicant is reported to the Visa Office as being "documentarily qualified." This means that the case is in a position where an immigrant visa can be issued to the applicant as soon as a visa number becomes available.
The inventory of documentarily qualified cases with current priority dates at a consular post never exceeds that post's ability to process all such cases within sixty days. Consular posts have very high bandwidth processing capabilities. No matter how many cases become current, they are able to process all of them within sixty days.
The reason that the Indian E2 cutoff date has moved forward is that the Visa Office fears that the CIS will not be able to adjudicate enough adjustment of status applications to exhaust the annual quota. They have advanced the cutoff date in order to make more cases overseas eligible for final processing.
This means that overseas consular posts have exhausted their inventories of Indian E2 cases with priority dates earlier than 2006 and the Visa Office had to move the cutoff date forward in order to make more cases eligible to be closed out.
This does not mean that the CIS has closed out all of the pre-2006 cases pending in their inventory. Far from it. When the new fiscal year starts, Indian E2 is likely to retrogress back to late 2002 or early 2003. This is roughly the point reached by the CIS in processing their inventory of pending cases.
Please understand that this is a temporary phenomenon and due entirely to the difference in the processing capabilities of the CIS and the overseas consular posts.
I hope this clarifies matters."
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