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  • nogc_noproblem
    07-16 09:46 PM
    Even after seeing Aug �08 bulletin are you still saying that it is just a speculation? If that makes you happy - be happy, but unfortunately horizontal spill-over is the fact now. Let us wait and see whether it is a permanent approach or not.

    Let you be the master of INA law; give me the source where it says differently.


    This whole thread is speculation, your basic assumption itself is wrong. The horizonal spill over is not a permanent policy or trend which will be practised. You should read the INA law clearly. But if this speculation makes you happy, enjoy! :)





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  • ksircar
    06-21 03:47 PM
    Hi Neocor,

    I understand your frustration very well. Of course the labor substitution is not logical, but it is not the root of the problem. Just think rationally how many people take advantage of this option. The real cause of our problem is Number of Visas. As long as it is legal, people will go for it. They should not be blamed, rather it is our inability that we didn't find the right "Approved Labor". If you find something suitable, will you not go for it?





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  • voldemar
    06-26 09:23 PM
    If anyone has a URL or source of information that shows the USCIS stopped accepting petitions in the middle of the month even when the dates were current, PLEASE POST THE URL OR SOURCE.
    Logicfile, here is my understanding:
    Oh Law firm said :
    ------------------
    06/16/2007: Unskilled Worker EB Category Visa Exhausted Even in June 2007

    * This is a truly bizzare news. AILA has reported that State Department had advised the the USCIS that the EB-3 Other Worker category had been exhausted., and based on this advice, thedUSCIS HQ has informed the Texas Service Center and the Nebraska Service Center to reject EB-3 Other Worker I-485 applications even though the June Visa Bulletin shows visa availability. It is indeed a double blow news to the Unskilled Worker community. AILA is looking into legality of this action. Hmm............................................... .................................................. ...............?!................................. .................................................. ................................................!?

    06
    ----------------------------
    The link as usual http://www.immigration-law.com/Canada.html
    The source for that is AILA EB-3 Other Worker Visa Availability Update (http://www.aila.org/content/default.aspx?docid=22671)I don't have access to original AILA document.





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  • swo
    07-12 09:29 PM
    I have to tell you, I read this report in the paper when it was on the front page. While it may be true that some people are always impacted, those that have applied for Canadian PR after living in the states have been successful and had results in less than 2 years from beginning to end, and without the shadow of being employed by a given employer hanging over them.

    No, sorry. It's just not typical. The Canadian "Backlog" does not even BEGIN to compare to the broken, extended, in-status, out-of-status, this form, that form, this queue, priority date, receipt date, labor cert workflow that is the US immigration system.

    Reading this article you would think the Canadian system was a disaster. And yet, the amazing thing is, nowhere was there a mention of EXISTING problems with the US system. Just a criticism of the point system.

    http://www.nytimes.com/2007/06/27/washington/27points.html?ex=1184385600&en=d3301beecf778d15&ei=5070

    June 27, 2007
    Canada’s Policy on Immigrants Brings Backlog
    By CHRISTOPHER MASON and JULIA PRESTON

    TORONTO, June 26 — With an advanced degree in business management from a university in India and impeccable English, Salman Kureishy is precisely the type of foreigner that Canada’s merit-based immigration system was designed to attract.

    Yet eight years went by from the time Mr. Kureishy passed his first Canadian immigration test until he moved from India to Canada. Then he had to endure nine months of bureaucratic delays before landing a job in his field in March.

    Mr. Kureishy’s experience — and that of Canada’s immigration system — offers a cautionary tale for the United States. Mr. Kureishy came to this country under a system Canada pioneered in the 1960s that favors highly skilled foreigners, by assigning points for education and work experience and accepting those who earn high scores.

    A similar point system for the United States is proposed in the immigration bill that bounced back to life on Tuesday, when the Senate reversed a previous stand and brought the bill back to the floor. The vote did not guarantee passage of the bill, which calls for the biggest changes in immigration law in more than 20 years.

    The point system has helped Canada compete with the United States and other Western powers for highly educated workers, the most coveted immigrants in high-tech and other cutting-edge industries. But in recent years, immigration lawyers and labor market analysts say, the Canadian system has become an immovable beast, with a backlog of more than 800,000 applications and waits of four years or more.

    The system’s bias toward the educated has left some industries crying out for skilled blue-collar workers, especially in western Canada where Alberta’s busy oil fields have generated an economic boom. Studies by the Alberta government show the province could be short by as many as 100,000 workers over the next decade.

    In response, some Canadian employers are sidestepping the point system and relying instead on a program initiated in 1998 that allows provincial governments to hand-pick some immigrant workers, and on temporary foreign-worker permits.

    “The points system is so inflexible,” said Herman Van Reekum, an immigration consultant in Calgary who helps Alberta employers find workers. “We need low-skill workers and trades workers here, and those people have no hope under the points system.”

    Canada accepts about 250,000 immigrants each year, more than doubling the per-capita rate of immigration in the United States, census figures from both countries show. Nearly two-thirds of Canada’s population growth comes from immigrants, according to the 2006 census, compared with the United States, where about 43 percent of the population growth comes from immigration. Approximately half of Canada’s immigrants come through the point system.

    Under Canada’s system, 67 points on a 100-point test is a passing score. In addition to education and work experience, aspiring immigrants earn high points for their command of languages and for being between 21 and 49 years old. In the United States, the Senate bill would grant higher points for advanced education, English proficiency and skills in technology and other fields that are in demand. Lower points would be given for the family ties that have been the basic stepping stones of the American immigration system for four decades.

    Part of the backlog in Canada can be traced to a provision in the Canadian system that allows highly skilled foreigners to apply to immigrate even if they do not have a job offer. Similarly, the Senate bill would not require merit system applicants to have job offers in the United States, although it would grant additional points to those who do.

    Without an employment requirement, Canada has been deluged with applications. In testimony in May before an immigration subcommittee of the United States House of Representatives, Howard Greenberg, an immigration lawyer in Toronto, compared the Canadian system to a bathtub with an open faucet and a clogged drain. “It is not surprising that Canada’s bathtub is overflowing,” Mr. Greenberg said.

    Since applications are not screened first by employers, the government bears the burden and cost of assessing them. The system is often slow to evaluate the foreign education credentials and work experience of new immigrants and to direct them toward employers who need their skills, said Jeffrey Reitz, professor of immigration studies at the University of Toronto.

    The problem has been acute in regulated professions like medicine, where a professional organization, the Medical Council of Canada, reviews foreign credentials of new immigrants. The group has had difficulty assessing how a degree earned in China or India stacks up against a similar degree from a university in Canada or the United States. Frustrated by delays, some doctors and other highly trained immigrants take jobs outside their fields just to make ends meet.

    The sheer size of the Canadian point system, the complexity of its rules and its backlogs make it slow to adjust to shifts in the labor market, like the oil boom in Alberta.

    “I am a university professor, and I can barely figure out the points system,” said Don J. DeVoretz, an economics professor at Simon Fraser University in British Columbia who studies immigration systems. “Lawyers have books that are three feet thick explaining the system.”

    The rush to develop the oil fields in northern Alberta has attracted oil companies from around the world, unleashing a surge of construction. Contractors say that often the only thing holding them back is a shortage of qualified workers.

    Scott Burns, president of Burnco Rock Products in Calgary, a construction materials company with about 1,000 employees, said he had been able to meet his labor needs only by using temporary work permits. Mr. Burns hired 39 Filipinos for jobs in his concrete plants and plans to hire more. He said that many of the temporary workers had critically needed skills, but that they had no hope of immigrating permanently under the federal point system.

    “The system is very much broken,” Mr. Burns said.

    Mr. Kureishy, the immigrant from India, said he was drawn to Canada late in his career by its open society and what appeared to be strong interest in his professional abilities. But even though he waited eight years to immigrate, the equivalent of a doctoral degree in human resources development that he earned from Xavier Labor Relations Institute in India was not evaluated in Canada until he arrived here. During his first six months, Canadian employers had no formal comparison of his credentials to guide them.

    Eventually, Mr. Kureishy, 55, found full-time work in his field, as a program manager assisting foreign professionals at Ryerson University in Toronto. “It was a long process, but I look at myself as fairly resilient,” Mr. Kureishy said.

    He criticized Canada as providing little support to immigrants after they arrived.

    “If you advertised for professors and one comes over and is driving a taxi,” he said, “that’s a problem.”

    Christopher Mason reported from Toronto, and Julia Preston from New York.



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  • agiridhar
    04-29 01:20 AM
    Indeed good for the community.
    wouldn't it be even better when investigations are carried out on the substitued cases and action be taken on employers and their law firms ?
    Wouldn't it be better to bring a law to prohibit employer's taking money from the employees to file h1's and gc's ?
    Not sure what kind of a law could police/monitor an employer taking cash from the employee ?

    Any thots ?





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  • villamonte6100
    06-28 11:56 AM
    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.

    Does your attorney cost $400 to $800 an hour. I work with a law firm and our attorneys per hour rates are from $400 up. I don't understand your description of "very very high profile" attorney.



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  • shreekarthik
    06-22 09:23 AM
    so where can I get labor for sale ?





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  • nonimmi
    06-28 12:31 PM
    "expecting retrogresson ....in first wk of July... " ??
    I thought logiclife already clarified that can not and will not happen!!



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  • unitednations
    02-13 01:17 PM
    Any of you want to join with me with this drive? Let's form a group and sue the USCIS for misallocation of visa. If any one is interested, please PM me.


    Further division is not good.

    I was on record that DOS/USCIS misallocated visas in 2005. India received much more in eb3 then what they were entitled to. In fact, India, China, Mexico and Phillipines should have not gone over their 7% as a whole of the 250,000 greencards available. Because of this; dos/uscis learned their lesson and started to follow the law appropriately.

    I did say that if in 2006 any country went above their limit of 7% then it would cause a lawsuit which I would be a part of. However, there would be some negative outcomes from it. UScIS/DOS behaviour could only change going forward. They could revoke the greencards issued in 2005 for people who went over the 7% limit (uscis has upto 5 years to rescind greencard if approved by mistake) but they would not get re-allocated because there is no carryover from one year to the next in the current law. Only outcome would be to change it going forward. As I've said in the past; people were spoiled at the laziness of DOS/USCIS. Retrogression and the visa allocation should have happened a long time ago.





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  • bayarea07
    07-26 01:54 PM
    I have been to just one of their meetings in bay area and found it to be a bit childish and full of fake people, people trying hard to portray themselve to be your best friend when in reality they are not



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  • chanduv23
    06-28 03:46 PM
    Please post all rumors in this thread. Maybe this rumor thread becomes a sticky so that people wont start new rumor threads.





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  • iv_only_hope
    07-21 09:20 PM
    Ron gotcher says dates will go back yesteryears:


    "Most likely, India E2 will retrogress in October back to late 2002 or early 2003. Don't count on rapid forward movement in the future."

    He says he got this from DOS.

    What abt this?

    PS: I am just asking not arguing.



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  • gc28262
    01-16 06:48 PM
    Thanks for the post. Is there such a requirement when there is a renewal of H1B ?

    There is no such requirement for fresh H1B as well as renewal as per Law. That is why we call it an ILLEGAL memo. We all need to fight this together.

    NB: I am not a specialist in law





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  • sh2005
    02-12 01:32 PM
    I am a little unclear on all of the retrogression ect. But can someone please explain how EB3 ROW can be retrogressed and not use all of the visa numbers in a year? That doesnt even make sense to me? Would someone please shed some light?

    I have the same question. State dept advances the date just so that the available visas are used up for that category by the end of the fiscal year. If a category is retrogressed, then it can't really be "undersubscribed". Maybe there's more to it than what meets the eye here?

    The following was listed at the bottom of the page in the March VB in state dept's website:

    The cut-off date movement for March in several Employment categories has been greater than those experienced in recent months. Advancement of the cut-off dates at this time should prevent a situation later in the fiscal year where there are large amounts of numbers available but not enough time to use them. If the expected increase in CIS number use materializes, future cut-off date movements could slow or stop.

    In the past, state dept guesstimated the demand for visas and changed the dates accordingly. Now that USCIS has almost everyone's I-485 application (those who were able to file by August 2007), logic would dictate that the state dept calculates these date movements based on feedback from USCIS. But maybe that isn't the case. Does anyone have any insight on this?



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  • GetGC08
    07-29 09:08 AM
    Relax and send all the documents requested by the USCIS. They might ask you for additional documents later based on what they receive from you or may approve your case.

    Thanks a lot for your reply.

    I had completed my BSc in computer science with 3 years & also completed my Masters(MCA) in computer science with 3 years.(both from India)

    Total I have 6 years(3 yrs bachelors + 3 yrs masters) of education/qualification in Computer Science.

    My labor has been approved & in that it is mentioned, position requires Masters degree.

    Do I qualify for EB2 category?
    I already filled I-140 in March 2008 under EB2.

    I will really appreciate your response.

    Thanks.





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  • tikka
    07-03 11:03 PM
    http://digg.com/politics/Rep_Lofgren_Issues_Statement_on_Updated_Visa_Bulle tin



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  • mailmy_gc
    07-29 05:39 PM
    Guys,

    I live in a place, Where we can find very few Indians. Out of 1500 units of apartments we are the only Indian family used to live in.

    One fine day (of course relaized that was worst day) My kid is playing at the play ground and I saw one Indian couple was walking towards the ground. I was so excited (offcourse later exploited) that atleat my will get some company. He spoke to me nice and I introduced my wife. I gave my phone number ...

    After 3 -4 days I got a call !!!! He said, one of his friend (big shot) is retiring this evening, if you guys can join, The Saga continued ..

    We all went then I relaized that it is Quix !! I couldn't get rid of them for 3,4 months (Offcourse I am new to US that time). But atlast we told them we can not do ... Even after that he used to call us for atleast do this ... you don't need to do any thing we all take care of it.etc.

    While I am reading this thread, I am laughing myself alot and I read almost all the replies. Offcourse I don't think some of our friends are writing that some quix guys may read this threading and upset about it.

    Common even my wife and myself had fight about these guys and I was so upset for days and every time we meet I was so embarasssed to say "No".

    if you get chance read this book for How to say No in a polished way -" Power Phrases by Meril Reunion"





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  • snathan
    08-16 11:40 AM
    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.

    He is talking about himself....dont worry.





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  • spdy_mn
    06-27 01:08 PM
    Guys, we will know the exact truth in 3 weeks. Until then we have to do what we can do and not worry about things that are not in our control.

    I know it is easy to say and tough to do but what other option do we have ??





    unseenguy
    04-01 01:55 AM
    I completely agree with you...it was Nehru who screwed up the country.

    I really feel that you are brainwashed and immatured. Although Nehru might have made some mistakes like China war, what did India really lose in that war? And how many years since then India has had to fix the problem? You should also read about Nehru's sacrifices and his movements along side Mahatma Gandhi that earned the nation its freedom.

    Now you have chosen to be a secondary citizen/ slave in america is a different matter altogether, but many back home in India are thankful they are free and independent nation.





    unseenguy
    08-16 05:54 PM
    Let's look at the following news items

    "21 farmers end lives in 40 days in Andhra". Is anyone looking into this? Helooooo.

    Well i want to see a day when you are held up in secondary for 1.5 hours and then tell us your opinion.

    Your post is biased in the sense you trust everything thats coming out from immigration CBP but nothing that comes from Shahrukh. I want to know how did they count 66 mins accurately?

    A) was it time from standing in queue to being released?
    B_ Was it time of primary + secondary
    C) was it time of secondary only?

    Did they have stop watch from the time shahrukh entered the building?



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