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Thursday, June 30, 2011

war of the worlds 2 the next wave

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  • GCwaitforever
    02-13 02:07 PM
    I couldn't agree more with you. The limited number of GC is definitely a critical factor. But we have contributed to this mess ourselves. Look what happened with EB2 India. Did India started producing EB2 talents overnight? No; rather we started polishing our resumes with inflated years of experience and job description so that we can apply to EB2. The system is too liberal and based on trust. If employers start scrutinizing resumes and certificates a lot of applicants will simply drop off from the GC queue.

    Totally disagree with you. People do not inflate their resumes and apply for EB2. There is no need for that for many of us in the profession for more than 10 years already. Besides, it comes under immigration fraud and leads to deportation.

    EB2 India is clogged up because people who applied for EB3 five or six years ago switched to EB2 by applying with newly promoted positions and transferring old EB3 priority date.

    It all comes down to USCIS/DOL/SWA/BEC processing paper-based cases at tortoise pace and making loads of money for their employees and their pensions. Had they processed cases quickly with electronic processing, EB2 India would not be backlogged like this.





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  • ujjvalkoul
    10-04 11:16 AM
    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
    Yes... at the time of application the H1B should be valid for at least 1 year.... I got my papers returned to me coz of this. I reapplied once I renewd my H1 for 3 more yrs





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  • GCard_Dream
    10-04 02:39 PM
    Well.. may be because we don't have any legislative issues to talk about until congress comes back from recess in November. By the way, how do you know that this practice might be ending soon. I know DOL was considering this and was receiving inputs back in April but nothing came out of that. They have thought about this before and they are thinking about it again. DOL knows that this system is being misused to the fullest extent and want to put a stop to it but they never do due to the pressure from companies misusing them. Why do you think DOL will act now? I have my doubts that anything will be done.

    I have seen at least three thread in the past that discussed labor sub bashing. So you guys made your point, it is an evil practice and it screws those standing behind. We already know that this practice might be ended soon. So why are we discussing this issue for the fourth time all over again? :rolleyes:





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  • 12Karan
    08-15 06:53 PM
    Indians are masters in creating unnecessary ourage. Look what a big deal the Indian media made of students being attacked in Australia. Indians declared Australia as a racist country and they branded Britain also as racist when Shilpa Shetty episode took place. Now also they are making a non-issue as a big deal. It seems that Indians thinking is buillt around that all the world is racist and biased toward India. But, when it comes to showing ourage to genuine issues they are always silent. So many horrible things happen to millions of Indians everyday but no body cares about them. Also, when chinese think tank published a report last week about breaking India in many states, there was no outrage. As compared to this news SRK news is nothing. The reason is simple chinese will shut Indians out because they know what works while dealing with Indians.



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  • rsdang
    07-16 01:22 AM
    So gurus,
    The progress has been better than this analysis - so where does this leave us?
    Any more thoughts?





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  • lord_labaku
    02-13 12:32 AM
    Before the Y2K problem, the most common route for Indians to migrate to the US (EB category) was this -->

    TOEFL
    GRE
    Admission into US university (most likely for masters)
    Scholarship or loan
    MS/Phd in US
    Internship using OPT
    Job/ H1

    Since this involved multiple non trivial steps; the barrier for entry was pretty high that prevented mass migration.

    There were procedural delays (in some states with a lot of Indian population ( oh yeah; labor certs used to take 3-5 years esp in California, Texas & Northeast; but you could get labor cert faster in south dakota or such less densely populated places; but once you hit the 485 stage, you were certain of a GC within a few months )

    And then along with Y2K came TCS, Wipro, Infosys, & infinite other bodyshops that suddenly changed the equation. No need for TOEFL, GRE. No need to fight for scholarship; no need for TA. no need for RA; no need for MS; in a lot of cases, no need for even UG degree in computers/engg. The requirements ranged from having all 10 fingers in place to knowing the right people in the bodyshop company to land an assignment in the US. Once placed at a client site, it was just a matter of finding the right opportunity to get the client to sponsor your H1. I am sure there were a lot other ways the H1 & L1 visas were abused.

    So the situation changed from just procedural delays to procedural delays + extra influx of Indians due to H1/L1 visa misuse.

    Ofcourse, we can only blame the inefficiencies of the USCIS/INS/DOL system & silently turn the other way when malpractices & visa abuse were rampant (I guess still is) in the IT bodyshop industry.

    I am sure this rant will seem extremely prejudicial. But just for a slight moment; think about why all this happened.



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  • ita
    09-05 02:15 PM
    Since the Lord Jesus has given his Judgement , there's not much we can do about the supposedly great man but talk about his great deeds when he was alive.

    Apparently goons encouraged by the state started occupying the Sacred temple Simhachala lands left and right.Then after enough has been accumulated so called great man entered the scene saying govt is taking over the occupied lands ,which they started giving over to christian missionaries.Someone I know that visited their native place Visakha a month back brought this information .I was really amused all along about the helplessness of all the people like me.

    Of course like many there's many more incidents that I have heard about this so called great man.Like many I'm amazed with the articles coming in the media in last few days which are oozing with this desperation to pitch the guy into some kind of fame (albeit after death)





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  • Caliber
    09-04 02:08 PM
    So next time of election, take vacation and go home, do campaigning, spend money and vote out the govt. you dislike, if you are real serious.

    Thanks for your advice indeed. I can not go and vote. If I go, they will kill me. They killed several hundred people just because they did not agree to sell their lands at 1/100 of a price.

    Please do not compare Kerala with Andhra. Today's AP is nothing but earlier Bihar. YSR and gang have terrorised the whole state, govt and judiciary.



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  • TeddyKoochu
    09-15 07:52 AM
    Year, TOT_LBRS, Certified, LBR_INDIA PD_>_10/1/2001
    2000 074048 70204 ????? 0
    2001 082139 77921 ????? 0
    2002 089168 79784 ????? 7873
    2003 095299 62912 ????? 25956
    2004 098866 43582 ????? 26569
    2005 014253 06133 01350 6133
    2006 105960 79782 22298 79782
    2007 098753 85112 24573 85112
    2008 061997 21092 07198 21092
    Total 720483 526522 55419 252517



    http://immigrationvoice.org/forum/forum2-retrogression-priority-dates-and-visa-bulletins/23813-perm-labor-data-analysis.html


    In 2005 there are a total of 01350 labors certified only for India.
    In 2006 there are a total of 22298 labors certified only for India.

    The other important thing here to note down is there are many outsourcing companies out there filed/filing GCs for their so called managers in EB1 category.

    Friends looks like that there is a consensus that folks with 2005 will get their GC soon, all of you have stated that there are very few labors for this year. How do we divide the labors for 2006, if we give 50% of them to EB2 I then I believe that by Sep 2010 year 2006 should get cleaned out. Another point is how the spillover is allocated quarterly, annually or randomly (How do we explain EB2I going back to 01 Jan 2000 and then recovering back). Definitely a quarterly spillover will make predictions & life easier! Something to factor is EB2-C, EB2-I date has almost caught up, traditionally it stays 1 yr behind (EB2-I lags EB2-C) in the early part of the year, this could be huge factor if both catch up.





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  • samay
    07-21 08:09 PM
    Dear Lawyer,
    I have applied for my renewal of EAD. Please let me know if I have answered the following correct and if there is anything I can do to rectify if you think these are not the right answers. Thanks in advance for your help,

    For question 14, Manner of last entry: " Paroled (AOS) " because that is what will be stamped in my passport and I94 after my entry into US.
    For question 15, Current Immigration status: " H1B Worker " because my H1B is valid till 2010 and I never used my EAD or received my green card.

    This question says how you entered the US the last time and not how you intend to in the future. My understanding is that you last traveled on your H-1 B therefore, it should say H-1B (please confirm the same with your I-94.)



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  • bestia
    02-14 11:36 AM
    Bestia,

    This is bigotry. Stop using other countries (Sierra Leone or Kongo (spelled Congo FYI) as scapegoats. Obviously, your country isn't so great or you wouldn't be on this forum trying to immigrate to the U.S. Plenty of people do immigrate to the Congo and Sierra Leone FYI...I am not attacking you but it is incredibly insensitive and ridiculous to point to other countries in that way - where are you from that's so perfect?

    I brought African countries not as scapegoats, but as examples of countries not colonized by Europeans. I didn't mean to insult anybody from Sierra Leone or Congo ;) But my point was that if there wouldn't be Europeans - there wouldn't be United States.

    Man... you can't bring some example, not to be accused of something... Come on guys.

    Happy Valentine's Day.





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  • sumagiri
    07-23 02:07 PM
    that EB3 quota has been used up for this fiscal and will re-open in October only. I assume you're wondering whether some FB spill over would go to EB3. If that's the case they wouldn't have announced EB3 quota is over.

    Legal, Thanks again. Also that is where exactly is the contradiction in analysis.

    In my understanding, they must apply any spill over to EB3 too. EB3 gets 28.6% of total quota (Including spill overs). If some one is sure that it is not the case, please correct me.

    If spill over was already applied and if EB3 will not open up again, then EB3 already got its share of spill over and EB2 also used up some part of that spill over, so only part of that spill over is left for the 2 months.

    If spill over is not applied yet, then EB3 should get 28.6% of what ever is spilled over to total EB quota. Hence EB3 should open up again.

    Please note that I am not making this complex. I am only pointing at complexities.



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  • shana04
    10-15 03:11 PM
    I have built a very simple EB2-I Visa predition model

    Making following assumption

    15000 new EB2 ROW I-485 applications
    12000 new EB1 I-485 applications
    EB4/EB5 use 70% of allocated visa (30% spillover)


    EB2 Visa Bulletin prediction for FY 2010
    Bulletin Quarterly-spillover Annual Spillover
    Oct-09 22-Jan-2005 22-Jan-2005
    Nov-09 22-Jan-2005 22-Jan-2005
    Dec-09 31-Mar-2005 1-Feb-2005
    Jan-10 31-Mar-2005 15-Feb-2005
    Feb-10 31-Mar-2005 31-Mar-2005
    Mar-10 31-Mar-2006 31-Mar-2005
    Apr-10 31-Mar-2006 31-Mar-2005
    May-10 31-Mar-2006 31-Mar-2005
    Jun-10 15-Oct-2006 31-Mar-2005
    Jul-10 15-Oct-2006 30-Sep-2005
    Aug-10 15-Oct-2006 30-Apr-2007
    Sep-10 31-Mar-2007 30-May-2007

    Amen! I wish your predictions come true.





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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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  • vivid_bharti
    09-04 11:20 AM
    If you and other who have problems with this thread, don't like this discussion than why do you guys bother to come on this thread, just ignore it....This is not contributing to anything. I dont think oposing parties in this discussion will ever come to an agreement so what is the purpose of carrying on. Please close this and lets concentrate on something else.





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  • reachinus
    07-31 01:09 PM
    Think you are too busy to answer my question. Anyway thanks for your time and reply atleat for 1 time.

    Hello Atty, Hope you can reply to my question as well. Please let me know if I should contact the CBP and tell them about this or just ignore.

    Thanks for your time in advance.



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  • roseball
    06-28 08:27 PM
    June 28, 2007
    USCIS: RUMORS OF EARLY VISA RETROGRESSION

    Late Wednesday, rumors emerged that the USCIS may attempt to retrogress the July immigrant visa numbers early in July and reject I- 485 (adjustment of status) applications filed early in the month. USCIS has taken such action already with respect to the �other worker� visa category involving non-professional workers.

    Visa availability is based on the U.S. Department of State Visa Bulletin, which is published monthly, not on a rolling basis. If USCIS cuts off visa numbers in mid-month, this would be a clear violation of Federal law and agency policy. If the USCIS were to take this arbitrary action, it would cause significant problems for applicants and employers alike.

    If USCIS cuts off applications on a certain date in early July, this will most likely occur without advance warning. In that case, not all applications will be accepted for processing. Be aware that that USCIS will reject an application unless it contains certain minimum supporting documents. For I-485 applications, minimum documents include a completed medical examination and birth certificates (or secondary evidence of birth, which must meet specific USCIS requirements). Applications for dependent spouses must include a marriage certificate. We strongly recommend that I-485 applicants obtain these and other requested documents as soon as possible. Until further notice, please do not plan to travel internationally during the month of July.

    We will work as hard and as diligently as possible to get I-485 applications filed quickly. This will require active cooperation by all applicants to obtain needed documents. Again, please understand that the proposed USCIS action is just rumor at this point, but if the USCIS takes such action, it will likely be without warning. Further, it is possible that there could be retroactive rejections of applications once filed. Unfortunately, this is all we know at this time. We do not know when and if any such actions will occur; we will also not know immediately which, if any, cases are rejected once they have been submitted.

    The attorneys at XXXXX are shocked and disappointed that the government could take such ill-thought and arbitrary steps and we will work to fight any illegal action by the USCIS. We are continuing to monitor the USCIS� actions and will provide updates as they become available





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  • chi_shark
    06-15 10:21 AM
    but sachu22g seems to be on the money for the most part! kudos to that simple model. the only date that is not realistic is the May 2007 for sep 2010. rest all are on the money! nice!
    Sachug22,
    While I would love for your prediction to be true for the remaining three bulletins, I highly doubt that days will move past 2006, let alone may 07. Let us wait for 2 more months to see where you are.

    Good effort though.

    -V





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  • Saralayar
    07-14 09:07 PM
    My son recently finished his high school and wanted to do Dental degree in India. My current situation is I have applied for adjustment of status in July 2007. Me and my family got the EAD and AP. My priority date is Eb3-November 2005. WIth this mess, I am not sure when I will get my green card.
    My question is:
    Can I send my son to India for his studies when the adjustment of status is pending. Will it be considered as abondaned if he is out of US when the adjustment of status is in progress?.
    Is there any specific forms for this type of situation so that he can go for studies in India and continue the adjustment of status.
    Thanks in Advance and your answer will be helpful for our quick decision for this year courses.





    carpediem
    07-27 11:43 AM
    I've lived in Stamford CT and Boston for the last 2 years and surprisingly I've never been approached by a single desi Quixtar person here so far. That's one of the best parts about shopping around Boston... you don't have these people wasting so much of your time.

    When I lived in the Bay Area (3.5 years) I would chat with these people when time allowed, just move quickly around any strangers who seemed overly eager and always respond with I don't give out my phone numbers to strangers if I am forced to chat. So I guess the lesson is to move to areas where there are fewer Indians. Second look older, grow a paunch. Looking fit or young is a problem because they think you're easier to dupe. ;)

    In short I just hate these people with my whole heart and it is a pity that I can no longer chat with random people any longer. What's the value of money if it comes at such a heavy price of destroying a community.





    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.