Monday, August 8, 2011

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  • CreatedToday
    09-04 01:56 PM
    Why the &*#@ are you still POOR, being in US?

    Mr.Nair tell me is it Gulf or Gelf. Do you still wear lunky in office or smoke peedi...enda peedi malabar pedi, enda CM EK nayar...he he :D

    If its GOD own country...what are you doing there. Are you renting it mr.Nair

    by the way how is omana kutty.





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  • drirshad
    07-30 05:24 AM
    http://www.immigration-information.com/forums/showthread.php?t=5766

    posted 07-24 09:59 AM

    Ron Gotcher has 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.

    Ron Gotcher





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  • jonty_11
    10-17 02:51 PM
    Anyone aware if one of the spouses has had a shoplifting offense in Singapore, how does that affect the Canada PR process? The offense was 6 years ago, I read on cic.ga that you can submit an application so that they may ignore it...for Canada PR, if its been over 5 years since your last offense and no other history of conviction.

    Any pointers would help!





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  • delhirocks
    06-26 11:53 PM
    This is what my very very high profile attorney wrote in her email to me today....

    " We have heard that there will be a visa regression the first week of July "

    And in immigration matters I trust her more than anybody in this whole country. So guys be ready and prepared. Do what u have to do. Be proactive.

    My post is not to spread rumors or scare people but to help them to grab this golden opportunity.

    I am ready to send papers for July 1st.

    good luck with that...



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  • tonyHK12
    01-13 01:05 PM
    I think you should start EB3India.org (not affiliated to IV) similar to EB3Chinese.org

    IV works in the interests of both EB2 and EB3 as amitjoey mentioned. we cannot create a Bill to get relief for only one category.
    There already exists an very small, unsuccesful org for just EB3 that core is aware of, and they consider IV as their competitors because
    1. They do not understand and know nothing of how IV works (just like plainspeak)
    2. They want to get donations and members away from IV and make money

    These statements give her away. This is what they do try to pressurize IV to do their agenda. Enough said. Ignore the sales agent. They are trying to incite a fight between EB2 and EB3 just to split IV.

    I think you should start EB3India.org (not affiliated to IV) similar to EB3Chinese.org
    There is an old chinese saying

    Be careful what you wish for it just might come true



    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.

    The other posts were just a diversion to show you are not completely rogue. You just have a single agenda - to promote your organization.





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  • immi_seeker
    09-15 01:09 PM
    I agree that it makes sense for USCIS to allocate spill over numbers on a quarterly basis.

    But i doubt if they are allocating spillover quarterly. If they did, then we should have seen steady movements and not a rapid movement of dates in the last quarter.

    We should certainly get a clarrification from USCIS about this. This could be a potential administrative change without congress intervention.

    Doing it in the lat quarter could cuase visa wastage especially this year where it is anticiapted that there will be lot of spill over numbers.



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  • immiMar2005
    07-29 11:54 AM
    Dear Attorney,

    I was sponsored for a GC by my current employed through EB3-India category with a PD of Mar 2005. I currently have a three year H1B visa valid until end of 2010 based on the approved I-140. I was unable to file for 485 during last year's July fiasco.

    Do you see any issues with my taking up a job with a new employer and maintaining my current GC process? Filing a new I-140 under EB2 is a possibility as well.

    Thank you in advance!





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  • amsgc
    12-13 11:11 PM
    When I get a chance, I also talk to my co-workers and friends who are citizens, especially when they say - are you a citizen yet?

    Surprise! Surprise! - many of them are unaware of this racist provision and the response you usually get is "that sucks man". So, people understand. Yes American citizens see that this is an unjust law.

    If we talk enough about it, who knows, maybe some policymaker will hear it from his/her constituent.


    Yes, we as IV are meeting lawmakers and lobbying, and media campaign too.

    Just discussing if anything else can be done.



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  • gc28262
    09-24 08:51 AM
    Sent the email to everyone from the list

    http://spreadsheets.google.com/pub?key=pptN-jEpAiyd3snslhPjBfw

    Sent one to my anti-immigrant congressman as well.





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  • vasa
    07-03 03:40 PM
    American Dream suspended on the eve of American Independence

    For aspiring immigrants ,4th of July is not just a holiday and fireworks but a promise of all good things that are American , which comes to those who follow the law , live by her rules and wait patiently for their turn to be called Americans.

    Patience is not just a virtue but a way of life for thousands of Legal immigrants who have been living in the US for a number of years . Besides the everyday stress of Job,Mortgage,Health and education of their children they live with the added suspense of when their application for permanent residency ,commonly

    referred as "Green card" will move ahead from its deep slumber.

    To apply for a employment based "Green Card" , a employed worker's company needs to fulfill the

    requirements of the DOS/USCIS and the date the application is received by the department is referred to as the "priority Date". A movement of a month keeps the hopes and spirits high of the applicants and their families and a couple of months is sheer joy. In 2004 there was a negative trend of retrogression of
    the applications in queue and the dates moved back instead of moving front. It implied a waiting period of a couple of years at the minimum. So midway of the application process everything stalled, all eyes turned towards the senate and the house hoping they would mediate and provide respite to this broken situation. Nothing happened and so we waited for the much anticipated CIR as it was told to us that a comprehensive immigration reform will address the situation of the legal immigrants also besides its main agenda to solve the issue of illegal immigrants in this country.

    The CIR died , then mid June the USCIS came up with a bulletin announcing that it will start accepting applications for adjustment of status for all employment based applicants and their dependents ..From then on it was a scramble to fulfill a long list of requirements to be able to apply on time. The first task was
    for my husband to convince his HR to sponsor the process. Since they had already budgeted for the fiscal year and are on a spending freeze , it took a lot of convincing . The HR complied and gratefully we set out to get our Medical exams(at own cost of 150*2).Since we live in a small state with few doctors we
    drove 2 hours to a neighboring state to get them on time. Being a mother of 3 small kids, I could not work on important paper works with them around. So after putting them to bed we spent the entire night pulling out the required documents from archives and placing them in order; numerous phone calls to parents
    back in India to collect their date of birth, place of birth information and completed the questionnaire. Got passport pictures(60$) and mailed it all to our lawyers praying it will be one of the first to reach the department office on start of business on July 2nd..little did we suspect that this was nothing but adding insult to the injury plan by the honorable DOS.. They had already prepared a rude

    shock when they released a bulletin update on July 2nd stating that they will not accept any applications as they had already allocated all the visas for the current fiscal year in a unprecedented action.
    This has left thousand of families like us confused, saddened and in the middle of nowhere.

    We are raising families here, our everyday life is no different from any other AMERICAN middle class family with same expectations and hopes, so its not easy to presume that we can pull out or get out of this situation and return to our home countries . We still have faith in the constitution and the spirit of this country and preserve faith that this wrongdoing will be reversed and we will get the opportunity to achieve what we have waited for years in a long queue, abiding by the law and fulfilling all requirements to the
    tee..
    On the eve of America�s independence let justice prevail and urge the congress and the STATE department to undo this monstrous decision of USCIS ..

    God bless America.



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  • okuzmin
    09-30 04:29 AM
    HI can some body answer if we can apply for canadian PR with H1 B valid for less than 1 year.

    For canadian citizenship you have to be in canada for 2 yr(physicaly) and after 3 yr after stamping

    You can apply for Canadian PR while staying in the USA if you can demonstrate that you have entered the USA legally and stayed in the country legally for at least one year. That's what Canadian law says. I'm too lazy to look for the actual law -- just google it. ;)

    You can apply for the Canadian citizenship after staying in Canada for three years out of four. Of these three years, you must be a PR for at least two years.

    http://www.cic.gc.ca/english/citizen/becoming-howto.html





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  • BharatPremi
    12-13 05:52 PM
    Note that it would certainly not benefit the other 60%+ from countries other than India that are also stuck in various steps (EB3, name check). So, unless you want IV to stand for IndiaVoice, you should concentrate your admirable effort on increasing the overall quota (with increased per-country quota), excluding dependents, etc.

    Do not worry about that. IV has everything in the agenda what you mentioned.This thread is about 'Constitutionality argument against per-country ceilings'.Nobody here is saying to promote the fight against "Per country ceiling" ONLY.



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  • 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





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  • rajsenthil
    05-02 01:33 PM
    If there's ethnic cleansing or genocide happening in sri lanka how come tamils lead prosperous lives in other parts of the country?

    I do not understand what do you mean by this? Can you explain it?



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  • Marphad
    04-01 12:23 PM
    You Idiot,
    When you keep updating this thread it keeps coming on top.
    I ignored it for a few days and finally clicked to see what the Fuck is going on here.

    Now it seems even moderators are joining this madness.

    If infighting keeps continuing on this forum and you keep discussing non-immigration related topics here, you will never get your green card. FOCUS!

    It is strange that you all want green card so that you live in USA but pretend to be SOOOOOOOOOOOOOOO concerned about Prime Minister of India and then start blaming each other..

    No wonder NumbersUSA etc are succeding..


    Pappu,
    Please remove my profile and user ID from the system. I can't be part of these morons. I shall get my GC when I shall have to get it. I am not here to discuss non-GC related issues. There are many more forums to do that.



    9-1-1, Fire Department, come soon!!!!!!!!!!!





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  • PSReddy
    09-05 04:27 PM
    Go see your own posts AH.....

    U Need to alteast learn how to hide your true identity......MOTHER FUCKER...

    This too funny with 15 pages and nothing to achieve. No immigration realted issues.

    Reddy: This is my first post. Do not degrade ourselves for some filthy discussion. You are degrading every one here and you are EB2. Can you justify why do you have to be in EB2 while using such words?

    In doubt, do not suspect the entire village, just ask your neighbor or you can ask your father who your Biological father is. Why do you think True Facts is your Bio father?



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  • gomirage
    06-11 07:24 PM
    Congrats, you have arrived. Now, somebody, close the door please !!!

    To be honest, I do agree that the US needs qualified people with skillsets. The real question is "Are the people from the desi consulting companies the real qualified lot ? " Just to get my background details out of the way. I am a new member, from India ofcourse, and I have recently applied for my citizenship. Now with this huge deluge of immigrants, especially from the desi consulting companies, I feel that my quality of life is getting adversely impacted. Do not rush to conclusions that I am anti Indian or anti immigrant. 12 years back when I first got my H1 visa, the requirements to qualify were strict. Staffing companies to a decent extent followed rules and tried to get the best and the brightest. Once the dot com boom started, people from all walks of life entered IT. This was true of not just the Indians but also of people in the US. Soon after the bust, the value proposition from these staffing companies was simply low cost. This is not to blame the staffing companies. They behaved in an economically rational way.

    Consider this scenario. If you run a consulting company, wouldn't you try to maximize your profits by staffing people in projects at the least cost ? This is econmically rational. You wouldn't worry much about the quality of the deliverables and all you would care is to dump as many bodies as possible at the client site or offshore and get the maximum bang for the buck.

    In this scenario, how is it feasible to expect immigrational justice when the bodies themselves dont provide exceptional talent and skills but simply offer low cost ? Now you would be tempted to bring in the analogous case of illegal low skilled immigrants. Remember they are just that - low skilled workers. They dont "steal" the jobs of high skilled workers. But this dumping of IT workforce has completely brought down the standard of living of the IT workers here. To be honest, those who get green cards today would feel the same way five years from now when the next wave of so called "skilled IT immigrants" offer even lower wages and destroy the quality of life.

    In summary, this retrogression is good in a way. The truly best and the brightest would still be employed until their turn for adjournment comes in. Only the weak are currently scared of the delays. I went through the same torrid GC phase after the tech meltdown in 2001. I was not worried of my job then but many people whom I knew got clobbered and were forced to leave. This is the darwinian flush and it will take its toll. Trust me this the bitter truth. If you people still consider that all the people on H1/L1 are part of the best and the brightest, they are WRONG. Only a small % (probably 20%) are the true best and the brightest and a good 50% will be flushed out. Sorry to say this and hey give me the red dots.





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  • Rb_newsletter
    01-21 06:15 PM
    I got the below email from multiple friends. I don't know what is the source, who wrote this analysis because there is no links. I did NOT mean to spread the fear. Just sharing the contents unaltered.

    ------------------------------------------------------------------------------------------
    However, this is how many could read RECENT (Jan 8, 2010) actions / announcement by USCIS towards Consulting companies, which engages or merely places their employees at the client sites for various projects.

    � No new H1B application will be approved, as per the new guidelines provided USCIS on Jan 08, 2010 memorandum � for 3rd Party Consulting company.
    � No new H1B extension/stamping will be approved, as per the new guidelines provided USCIS on Jan 08, 2010 memorandum � for 3rd Party Consulting company.
    � If an employee has H1B approved or extension approved, and if he/she comes back to US from a vacation or from an emergency, he/she would be deported back to his/her home country from the Port of Entry (PoE) � for 3rd Party Consulting company.


    Why?

    Because of 2 recent events:

    1) USCIS gave new memorandum (which is now guidelines for USCIS professionals working on the H1B petitions/extensions) on Jan 08th, 2010. (Attached the PDF file for the memorandum).
    2) Recently (Jan 2010) several H1B Employees were sent back (in some forum, its mentioned � all of them) to their home country from Newark, NJ and JFK, NY Port of Entry � these were the H1B employees, who went to spend Christmas/New Year vacation to their home countries.


    What does the memorandum mention, specifically, about 3rd Party Consulting companies?

    Link to the memorandum (PDF attached) � http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf


    Employer-Employee Relationship:

    As per the memorandum, some previous H1B Law defines, the definition of an �US Employer�. Somewhere in that definition (Page 2 of memo), it mentions the word �Employer-Employee relationship�. Till now, it seems that there was no clear guidance on what kind of relationship was considered having Employer-Employee relationship. So, it was being, probably, interpreted independently or ambiguously. Now, on Jan 8th, 2010, USCIS has published this memorandum for TRAINING USCIS OFFICIALS about understanding, Employer-Employee relationship. The memorandum seems to have been prepared with a clear understanding about it, along with the specific EXAMPLES.



    Memorandum has given few specific examples, which would QUALIFY for having Employer-Employee relationship, on Page 4-5 of the Memo � including the nature of the job/business. On Page 5-6, memorandum gives few specific examples, which would NOT QUALIFY for having Employer-Employee relationship. Third Party Placement / �Job-Shop� (better version of �Body-shop�, probably) is NOT QUALIFIED for meeting Employer-Employee Relationships � meaning, 3rd Party placement (which most of the small consulting companies do) doesn�t meet H1B requirement, as defined by the law � meaning for this job, the new H1B or Extension or Stamping petitions CANNOT be approved!! Period !!




    This is how memorandum has identified 3rd Party Placements and in Bold letters, why it disqualifies for the H1B petitions (comments are in Red):



    �The petitioner is a computer consulting company (which is what all small consulting do). The petitioner has contract with numerous outside companies in which it supplies these companies with employee to fulfill specific staffing needs. The specific positions are not outlined in the contract between the petitioner and the third-party company but are staffed on an as-needed basis (this is nothing but, Service Agreement between the petitioner and the mid-vendor!). The beneficiary is a computer analyst (which is what many small consulting company�s employee are). The beneficiary has been assigned to work for the third-party company to fill a core position to maintain the third-party company�s payroll (this nothing but, Mid-Vendor�s or so-called Prime-Vendor�s or Consulting Partner�s Revenue). Once placed at the client company, the beneficiary reports to a manager who works for the third-party company (as it happens, when Consulting partner hires employee as a contractor). The beneficiary does not report to the petitioner for work assignments, and all work assignments are determined by the third-party company (petitioner just runs pay-rolls!). The petitioner does not control how the beneficiary will complete daily tasks, and no propriety information of the petitioner is used by the beneficiary to complete any work assignments (petitioner just runs pay-rolls!). The beneficiary�s end-product, the payroll (payroll of mid-vendor/prime vendor/consulting partner), is not in any way related to the petitioner�s line of business, which is computer consulting. The beneficiary�s progress reviews are completed by the client company, not the petitioner (petitioner just runs pay-rolls!). [Petitioner Has No Right to Control; No Exercise of Control].�



    Right to Control:

    Supreme Court has stated the definition of Employer-Employee Relationship (Page 3 of Memo), and there it was mentioned to have �Right to Control� over the work of the employee by the employer. From the entire memo, it sounds that Right control is well-established, ONLY WHEN, at least one supervisor from the petitioner�s company works with the beneficiary at the end-client site, and supervises beneficiary�s day-to-day work. So, big Consulting companies such as Wipro, Infosys, Accenture, Deloitte etc. will be good, as they would meet �Right to Control� and that way, they will satisfy H1B requirement by law, and their petitions for similar 3rd party consulting work, will be APPROVED, but not in case of, small consulting companies!! This is because, big consulting companies such as Accenture � have their entire or partial team � along with managers etc. � working at the same client site, where the beneficiary would be working, so they could supervise their work and so exercise control over their work etc., but that cannot be the case with the small consulting � because, their actual business has been, so far, to place employees and run pay-roll � not to get the client projects!




    Why one could think that there are slim chances for this memorandum to get reversed in favor of small consulting companies?

    This memorandum took care of big consulting companies such as Wipro, Infosys, Cognizant, Accenture etc. � meaning, these companies and their employees are NOT impacted. They can travel freely to-and-fro their home country etc. Since, big companies are not impacted, there will not be any big lobbying or oppositions to this memorandum, per say!! There don�t seem to be a platform for small consulting companies to gather and lobby, plus most the small consulting may not get involved, with fear of exposing themselves more to other issues!! So, it might be east to assume that this memorandum is permanent and not temporary. The recent deportation also indicates that the changes like this memorandum is for serious, not just the warning!



    How this memorandum relates to the recent deportation events from NY and NJ airports?



    There seems to be an anticipated link between these 2 events � Memorandum and recent Deportations � kind of an indication about the current level of government scrutiny and seriousness of the H1B program. Hence, there have been advices by others that � each employer and employee should operate by strictly following the H1B program requirements.



    Link to Murthy.com front page posting about this � MurthyDotCom : NewsFlash! Note to H1Bs Traveling to U.S., Working for Consulting Companies (http://www.murthy.com/nflash/nf_h1conc.html)



    What one could predict as happening sooner (trend)?

    � Since, it seems big consulting companies (having their own consulting projects)/full-time end-clients and their beneficiaries are not impacted with these changes � there could be trend � employee moving from small companies to big companies for a better shelter for full-time positions � especially, when small consulting company�s immediate preventions / actions to this memo cannot ensure safety.
    � Big consulting companies could buy small consulting companies or small consulting companies could sell their companies to big consulting companies (having their own consulting projects), to save their employee�s future/transition etc.


    Good Luck my Friends....!!





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  • ramus
    06-28 09:03 PM
    totally agree with you.. But just feel bad that we follow all rules and somebody comes and just try to screw us..

    You are right.. there are tons of things important in life then this GC.



    Its not about $500.
    USCIS and the US government can ask for more money. And we will happily give it to them.

    Its about the stability that filing for AOS offers.

    But keep in mind, you weren't able to file for AOS in June.
    So maybe, we won't be able to file for AOS in July either. But thats about it. Life will go on.


    So it would be best for us to stop torturing our brains.

    There is not much we can do about anything. USCIS can choose to reject ALL applications received in July. AILA will issue a freaking statement. We will shed a few tears and call USCIS names.





    HopeSprings
    09-24 01:41 PM
    The calculation done by Bharatpremi seems to have flawed while calculating spill-over. Spill-over is first by preference and then by country. That is how till VB of August 2009, you see ROW EB1/2 was current and ROW EB3 was U and EB2I was in 2003.

    Now, considering spill-over by preference first, the following could be a conservative analysis:
    I am trying to see if EB2I can cross Dec 2006 by end of FY2010. So, we will consider only those cases that might be placed before EB2I PD as Dec 2006.

    Consider all the pending EB(1+2+4+5) cases reported so far for ROW, China, Mexico and Phil and add it to pending EB(1+2+4+5) cases for India till end of 2006. The number is around 68000.
    Assumption (the numbers for FY 2010 for cases that might be placed before an EB2I case with PD Dec 2006) -
    - All EB4/5 cases till end of 2010 FY - 2000
    - ROW, Mexico, Phil EB1/2 - 8000
    - EB1 I/C - 1000
    - The new cases from EB2C (PD Sep 2009 onwards) will not be placed before EB2I PD Dec 2006

    Assuming cases cleared in the month of September - 4000 (around 7000 are eligible based on the cut-off date).

    Total visa numbers required to clear off EB2 till Dec 2006 = 68000+2000+8000+1000-4000 = 75000

    Visa numbers available for AOS for EB (1+2+4+5) in FY 2010:
    Assuming 15% go to CP.
    Total number for AOS = 119000
    EB1 (28.6%) - 34034
    EB2 (28.6%) - 34034
    EB4 (7%) - 8330
    EB5 (7%) - 8330
    Total Visa numbers available for AOS for EB (1+2+4+5): 34034+34034+8330+8330 = 84728

    So, total number needed to move EB2I past Dec 2006 is 75000. Total available for this cause is around 84000. If USCIS uses all the available visas, spills over only during last quarter and maintains Preference-first spillover policy, I think the visa dates will move well ahead of Dec 2006 by end of FY 2010, most likely in the following way:

    Oct 2009 - Dec 2009: Jan/Feb 2005
    Jan 2010 - June 2010: Mar/Apr 2005
    Jul 2010 - Sep 2010: Feb/Apr 2007





    lazycis
    02-13 12:26 PM
    The problem here not every country gets equal or equitable piece of pie. The probelm is Part of the pie gets thrown out and not given to people in the line because too many of them happen to be from one country.

    How about facts? In 2006, Philippines received 23,733 EB visas, India - 17,169. No other country received more. China received 9,484.

    http://www.dhs.gov/xlibrary/assets/statistics/yearbook/2006/table10d.xls



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