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  • Legal
    07-25 06:36 PM
    Yeah Ron Gotcher is speculating, but there is some credibility to what he is saying. He did predict the rapid movement of PDs toward the end of the year, in fact at one point he was extremely optimistic more than what happened to date. So he did have some insight into the inner workings (or rather non-workings!) of the USCIS. He also openly shared his interaction with Charlie Oppenheim.
    This is why people should not get so excited now. What EB2I got is a little hope, for most it will be false hope, a select few have green hope, but we will only know them by Sept. in retrospect.
    For the rest of us it will be back to the drawing board, oops message board. My feeling is things are likely to be somewhere between the extremely pessimistic projections of Ron Gotcher and the extremely optimistic projections of VLRao.
    I suspect the PD will move back to the April 2004 cutoff and then move forward slowly as spillover allows, so in other words at a rate faster than in the past. I stand by my view that we will need most of next year and perhaps some of 2010 spillover to quench the thirst of EB2I and C.

    I don't think the point Ron made that if everything was current it would take 5 plus years for USCIS to clear the back log is correct. If it really is the case then we are more badly screwed than any of us realise and it goes totally against the statistics the USCIS has been leaking about the number of pending cases. Which many of us have number crunched already.

    The argument that EB2-1 PD will retrogress to 2002 or 2004 does not seem to be based on numbers, but a random speculation. Doesn't not undermine vdlrao's projections in a credible way


    Spillover may not be there, or may be there but when the new quota opens up October 1st, new minimum numbers will be available for EB2-I. Worst case scenario, dates will remain static or very minimal backward movement. It looks like the black hole is the time between late 2004 and early 2005, pre-PERM.Other than saying there is massive inventory of backlogged cases, Ron has not given better/ actual numbers of likely pending EB-2 I cases.





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  • lotsofspace
    12-14 03:44 PM
    The American political system is stands on three pillars; Judiciary, Legislative (Congress), and Executive (President). They have checks and balance on each others. Congress enact bills, president can veto or pass it. Supreme Court is evaluating this passed bill whether it violate the constitute? If it violate the constitute, Supreme Court can be overruled that bill at any time (even if it was passed by Congress and the President).

    Constitute says Non-discrimination based on race, sex, country of origin etc. If some one prove in supreme court that per-country quota for Employment based and Family based immigration is violating the constitutional right, Supreme court can overrule this law of per-country quota. It is worth to take advise of expert attorney.

    This is my 2 cents !!

    BTW , Where is the fourth pillar? :)





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  • mchundi
    01-09 02:11 PM
    I just got to this site via from immigration portal.
    I have been reading a lot in the other forum and here about the ways to cure retrogression. Lobbying for more Visa's and other things that were part of the S.1932 bill are fine, however these things are not going to solve the retrogression problem even if such a bill gets passed.

    No one seems to be talking about the real problem that is Labor Substitution. Abolishing Labor Substitution will itself take care of every retrogression problem.

    The INS does not have the right tools to police the misue of this rule. This is resutling in a lot of problems for even those employees whose Labor's get substituted even if they are still working in the same company.

    Any effort to reform immigration should start with first reforming the Labor Substitution rule (if not completely abolish).
    I know that all the companies/employers and the lawyers community are against removing the Labor substitution, therefore it will never be removed, but atleast it should be reformed so that it can be better policed so that no one is able to misuse it and play with peoples lives. And in turn add to retregression.

    Following reforms are needed in Labor Substitution.

    - First thing in the Labor Substitution reform is related to the Priority date. The Priority Date for a substituted Labor should the date when the Labor is substituted (or the I-140 filing date). It should not be be the date when the Labor was originally filed. This in itself will solve 90% of the problems related to retrogression.

    - When a Labor is substituted it should be verified immediately to find if there is any I-140 or I-485 that is pending based on this Labor. If so then the Labor should be rejected immediately. Currently this is not done at the time the Labor is substituted, therefore the resulting 485 filing just amounts to add up into the backlog of Visa Number requirement, until the priority date becomes current for this 485.

    - If an employee invokes the AC21 then that Labor should not be allowed to be substituted.

    - There should be a limit to the time until which a Labor can be substituted. This could be debatable and could have other consequences, as the INS could invalidate any GC application that is been pending for more than the this duration.

    In short the Labour substitution rule is in a mess and is getting miused a lot. People are getting fooled by the employers, and ultimately its making the retrogression more worse.

    neocor
    Probably true,
    I think the DOL/USCIS(I dont know who) is moving in this direction.
    The real problem is the 7% limit per country and the time it takes for one to go thru the 3 steps.
    There r several people who have started G.C process several times for different reasons. This slows them (DOL/USCIS) down and remember this is like a chain reaction until u stop applying for a G.C or AC21 kicks in.
    Bill Clinton signed some immigration relief for the illegal immigrants just before he left without allocating any resources to process them. Close to 300,000 illegal immigrants filed their labor before Apr 2001. This brought the DOL to a halt and it couldnot recover for 2 years. Finally the BEC's were created to resolve the mess created by the new law. They did not sove the problem but addressed it to some extent. For some it became worse.
    In the meantime several VISA numbers went unused because the DOL probably scrutinized the cases more thoroughly and probably there were more rejections by USCIS
    The reason why so many people look for loop holes is because of the inordinate delay in the process.
    I guess the situation will only become worse unless those who got their labor get to apply for 485 and get portability thru AC21 or dropout altogether.
    The problem with labor is partly addressed thru PERM. Over the next couple of years the BEC's eliminate the backlog and soon everybody will be in the hunt for the VISA numbers.
    The best that can be done now is the fight for more VISA numbers and be able to file for I485 whether a VISA number is available or not or anything that addresses this like
    1: increase the overall VISA numbers (McGain && Kennedy)
    2: capture unused VISA numbers
    3: Cap not being applicable for those with Masters degree in ---- && 3+ years exp before starting the G.C process (Sen. Chuk hagel)
    4: Being able to file I-485 even with no VISA number(failed S-1932)
    --MC





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  • ujjwal_p
    05-11 07:51 PM
    I saying it again, in this country even burning of the national flag is considered a form of protest.



    Dude, you are seriously delusional. The day you try that stunt with the stars and stripes you'll be on Limbaugh, OReilly, Hannity, Glenn Beck, you name it. I don't agree with them but will still love to watch that unfold on TV.



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  • BharatPremi
    09-24 06:35 PM
    How is assigning Visa number different from issuing Physical green card (they may be two step but once you get a visa number assigned you get physical green card in few days)

    Can you prove that the concept is false, this is plain interpretation of visa bulletin notes and the law.

    You also know what I am stating. You already have heard the word"Pre-adjudication" which means "To assign number" based on monthly bulletin based EB table dates and then put a file on shelf to eat dust till USCIS can "approve 485" /"Send Physical greencard" based on Prority date becomes active based on "country specific limit"

    If assigning number is almost equivalent to granting visa in a few days then there should not be hundreds of applicants waiting in "pre-adjudication" queue. We all know that many people have been pre-adjudicated and now they are just waiting for their physical GCs.





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  • immigrant2007
    08-17 08:56 PM
    don't we have something better to discuss on this forum rather than shah rukh khan's personal issue.



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  • gdilla
    07-26 02:25 PM
    I suspect being unemployed in any country is a crappy experience. Get a job first. There's lots of job sites online, check it out for yourself. Tap your network, etc. You can even setup your own company/consultancy and serve your US clients if you so desire.


    But what about the jobs in Canada? How bad is it? Without a job, what is the point of quality of life etc.?





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  • amar123
    07-03 11:49 PM
    http://digg.com/politics/Rep_Lofgren_Issues_Statement_on_Updated_Visa_Bulle tin - 229 DIGS

    http://digg.com/politics/U_S_Withdraws_Offer_of_60_000_Job_Based_Visas_Ange ring_Immigration_Lawyer/who 40 DIGS

    http://digg.com/politics/USCIS_Visa_scandal - 31 DIGS
    Guys, we need to help ourselves, if you are online at 9PM PST, 12AM EST on a holiday eve, then ,least u can do is add ur digg if not a comment!!



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  • gagbag
    07-03 09:47 PM
    http://www.forbes.com/feeds/ap/2007/07/02/ap3879453.html





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  • ivgclive
    07-21 05:11 PM
    Signs and Warning...

    1. Mostly he seems to be a weird guy.
    * God has given us special white blood cells that can find these guys.
    * Listen to your inner soul when it says 'I don't feel comfortable'.

    2. He walks with empty hands (RICH people) while all others in the shop walk with a cart and/or some goods.

    3. Talks loudly, using words as if he is lending money to Warren Buffett or Bill Gates..

    4. His approach.
    * Are you Mr.<a name in south/north depends on your appearance>?
    * I can't believe I meet you here.
    * You look very familiar to me.
    * You look like my younger brother / son / daughter / friend / father / mother / cousin / tomato / carrot / spinach etc

    5. Look for these words...
    * Do you want to make LOT of money? (eventhough he looks like a crap, wandering in a grocery store not buying anything, driving a 1990 Toyotta Tercel).
    * I have a wonderful business opportunity for you.
    * What do you do in your free time?
    * I am running a eBusiness, eCommerce etc.
    * Do you want to make use of your free time in a productive way.
    * Count the number of times he uses the word 'Money', if it is more than 2 times, he is from that cult.

    6. Finally,
    * Can we meet sometimes this week?
    * Do you want to attend a Business Meetting (!) with top heads next week?
    * Do you want to just see what we are doing? (Why the hell I need to see?)
    * Do you want to join us for a Tea, Cofee... (Believe me, they won't call you for Lunch or Dinner, eventhough they always talk about the LOT OF MONEY they have made)


    I read lot of news from school and I learnt this 'multi-link' business 20 to 25 years back. So as soon as he asked me if I wish to make 'LOT OF MONEY' without working, I understood that the poisonous snakes had entered US long time back.

    I had only one encounter 10 years back that went up to the so called 'Business meeting with Tea Party' because I was new to US and these guys were using an updated terminology.

    From then on, I enjoy if I meet such people in Malls, grocery stores, Walmarts. I let him talk for about 20 - 30 mins when my wife is shopping. Asking him very basic questions as if I have not seen a $10 bill in my life. By the time he realizes that I am playing, my wife finishes shopping and we leave.

    This way you can keep yourself updated on the tricks. Amazingly these guys read technology news a lot than us and upgrade their techniques.



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  • kondur_007
    07-29 02:48 PM
    Well, I think the scenario is different. It is somewhere inbetween those two thought processes:

    1. They are counting on CP case; but not much. If you look in the past stats about EB cases processed via CP, it is usually a very small number (and this would just make sense: if you are doing EB green card, you will be working in US and will do AOS). CP cases can not be more than several hundreds.

    2. The major hopes DOS has is on USCIS to process large number of cases. And they ARE capable of doing so; but only RANDOMLY (not in the order of PD or FIFO or anything like that). It is very unlikely that DOS will let USCIS waste any visa numbers. Because it is DOS's responsibility, not USCIS's. And that was main reasoning behind July Fiasco; where DOS wanted to prove that it is not DOS but USCIS who is responsible for the wastage (remember, there were some 60000 visa numbers unused at that time). This time, they are playing the game of "cooperation". DOS will advance dates only till USCIS can handle (not everything Current); and in exchange USCIS will use up all the numbers.

    If USCIS can not show that they have used up at least 75% (or something in that range) of the remaining visa numbers (which are probably in the range predicted in this thread giver or take few thousands) by mid august, DOS will further advance dates in sept. If USCIS shows that they used up most of the numbers, dates may go back. It would not matter what the dates are in sept as the end result is the same: all the remaining visa numbers will be used (probably randomly) to people with PDs upto mid 2006.

    I do not buy the "CP using numbers" theory from Ron or Murthy. It is all about allowing USCIS to use the numbers randomly and let them pick the "low hanging fruits" (as they usually like).

    For the next fiscal year, they will move dates back to mid 2004 (just a wild guess), but I dont think it matters any way...(till the end of the fiscal year). USCIS will probably go in hibernation again till the last quarter of next year and the date will advance again dramatically (may be upto 2008) to let them use all the left over/spilled numbers.





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  • breddy2000
    07-29 01:52 PM
    There are 26 E2 for bombay. Delhi data was for July. Assumption will be around 100 for CP for whole of India.

    Are we not supposed to count dependents with the applications? Or does it mean each individual is treated seperately irrespective of being depenedent in CP?



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  • snathan
    03-30 12:07 AM
    Lets not bring Age into the picture. Manmohan is not much younger either and has had 2 heart surgeries so far. Economy is not the PMs only job. The real power rests with Sonia and my personal opinion is that Advani is a lot more competent than her. Manmohan is just a mask of Congress. "Mukhvta".

    I am not bringing age here. By the way I believe MMS is far better than any one else. He may not be a good leader. But see what he has done for the country. He is the one who opened the country's economy. He is the one who brought in the neculear energy to the country - though we are not sure about the out come and may need to wait for another decade to see that.

    I couldnt think anythiing like this for Mr.Advani...





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  • eb2waiter
    05-14 02:04 AM
    ......



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  • deepakjain
    05-29 11:04 AM
    One of my friends came to US in 2002 applied for GC with PD of 2005 under EB3....looking at the situation he went back to India starting of Feb 2007...came back to US as Senior Project Manager [Virtual designation] he still does a developer work....applied for GC under EB1 in Aug 2008.....March 2009 he has got his GC.....

    Yenjay Madi....I know of 7 cases who were with me 3 years back and now they have GC...

    with current new fraud mantra EB1 will never spill over to EB2....soon EB1 for desis will have priority dates......





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  • rkg000
    09-04 10:35 AM
    I do not think you understood the meaning of my words correctly.
    If you are a friend of YSR, you won't find a better friend than him and he will go out of way to help you. If you are his enemy, be prepared for consequences. This is also the motto of US Army and its origin is attributed to what a famous roman general once said of himself.

    "No friend ever served me, and no enemy ever wronged me, whom I have not repaid in full"

    YSR is a very successfull CM. He delivered what mattered most to the poor people. Some other states like Tamilnadu are introducing some of his schemes like Rajiv arogyashree. More than 30 people died after learning that he is dead. Very few people can inspire that kind of reverence and affection. He may have his short comings but he achieved more than most can dream of.
    It is silly to quote corruption every time you discuss politicians. Show me any major politician of consequence who did not face corruption charges at some time or the other. It is always present in one form or the other since the beginning of politics. We are all watching what is happening with healthcare reform bill here and how powerfull insurance industry is influencing it's outcome.
    And who is making these allegations? Surprise, opposition parties and some sections of media that are opposed to him.

    His death is definitely a loss to the state. We need competition among politicians and that competition existed between YSR and Babu and I like both of them. Between the two, I think AP progressed overall.

    This thought of submission is exactly what has always pulled India back from moving forward. That unless you are corrupt you are not normal. Speaking out against corruption is abnormality for us. Just starting out schemes does not ensure good. If everybody from the CM to the peon in the office demands his share how does the money trickle down to the needy?



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  • GC_1000Watt
    09-17 02:45 AM
    I am not sure about completeness and authenticity of the data, But i've found this perm data. Its Access database, where Country of chargeability is included too.

    FLCDataCenter.com (http://flcdatacenter.com/CasePerm.aspx)

    If everybody can search for their repective years of Labor and confirm the completeness of the data, then this will be very helpful for data crunchers. :)

    I could not find my labor details on the file. BTW what does the "CERTIFIED-EXPIRED" case-status mean?





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  • pappu
    06-15 12:35 PM
    I believe in luck in the GC process. Before 2005 PERM process, many folks applied in states where Labor was fast. They were able to get greencards within a couple of years while others were stuck in Labor Backlog centers (http://immigrationvoice.org/index.php?option=com_content&task=view&id=67&Itemid=50). Some cleared all hurdles and got stuck in namechecks for years. Until 2007 Namecheck was a big scare. (http://immigrationvoice.org/index.php?option=com_content&task=view&id=81&Itemid=61)

    Many people could not file in July 07 for various reasons. Some people were born in India but were brought up in other country. Even they are stuck. Some people decided to rise in their careers and changed jobs on H1. While they did rise, but lost in the grreencard PD race.

    So definitely luck pays its role.





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  • thomachan72
    01-14 09:16 AM
    Hey smuggymba, I hope you did not misunderstand what I said. Hope you get the idea behind what I meant.





    akred
    02-13 12:36 PM
    I think the US government wanted it this way.


    Yes. Racial exclusion and preference for European immigration has a long history in US immigration law.

    http://academic.udayton.edu/race/02rights/immigr09.htm





    sapota
    02-12 12:52 PM
    atleast for people from India. esp. EB2