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  • proengineer
    10-15 02:59 PM
    Interesting statistics posted on Ron Gotcher forum

    Credit to Nolefan


    Hello Ron,
    I have been silent spectator for long and I greatly enjoy reading this blog. The knowledge you bring is great. The blog is very informative & insightful and has given us lots of useful information. I have been thinking of contributing to this blog for sometime related to Pending visa number and spillover topic and this is my first post regarding that.

    Recently, I did some calculations on EB1 & EB spillover to EB2 India/China for FY 2010. Here are points I considered

    * Average Consular processing numbers for EB1 & EB2 / year are based on historic data from 1998 to 2008. (Data is available on DHS site)
    * All ROW EB1 & EB2 applications from following categories will be approved before spill over happens
    o consular processing (EB1 & EB2)
    o ROW (EB1 & EB2) + Mexico + Philippines
    * most applications for India / China EB2 from 2004 and prior are approved except few as mentioned on CIS report.
    * Even if there are EB2 ROW I140 applications are pending, they may not be more than few thousands (based historic EB2 usage from EB2 ROW). Based on economic conditions, I assumed 5000 new I485 applications after approval of I140.


    Calculations

    EB1 spill over

    Total quota allowed: 40040
    Average consular processing: 5290
    AOS Pending: 4050
    New applications: 2500
    spill over from EB1 ~ 40040 - 5290 � 4050 � 2500
    spill over from EB1~ 28500

    EB2 spill over

    Total quota allowed: 40040
    Average consular processing: 2199
    AOS Pending (ROW): 7871
    New applications: 2500
    spill over from EB1 ~ 40040 - 2199 � 7871 � 2500
    spill over from EB1~ 27470

    Total EB1 & EB2 spill over = 28500 + 27470

    Total EB1 & EB2 spill over = 55970


    EB4 spill over
    Total quota allowed: 9800
    Average visa numbers used: 7432�� based on data from 1998 to 2008
    spill over = 2368

    EB5 spill over
    Total quota allowed: 9800
    Average visa numbers used: 465 �� based on data from 1998 to 2008
    2008 data: 1360
    spill over : 8440



    Total spill over for EB2 India / China: spill over from (EB1 + EB2 + EB3 + EB4)

    i.e. 28500 + 27470 + 2368 + 8440 ..

    Total spill over for EB2 India / China: 66778

    Preadjudicated EB2 India / China applications ~ 51000

    Total pending EB2 India / China ~ 67061

    If spill over occurs quarterly, then I would expect EB2 India / China dates should faster throughout year may be current by end of FY 2010.





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  • Rohan99
    07-27 12:40 PM
    Devil's advocate - Immi_enthu

    Yes, you are right you will have good life but not in Florida may be in Guantanamo Bay detention camp becasue you are on H1 and doing Amway which is illegal. USCIS is going to check your name in Amway database before giving you Green Card and then detain you. It will be good life for you becasue you will get free food (you do not have to earn) and view of Guantanmo Bay with cuban cigar..wht else can you expect ...I envy your life

    We guys (non-amway) will be slogging for bread and butter but we like our freedom and travel to Hawaii in economy class and stay at Motel 6.

    your response?

    we dont need to work after 40 we will move to Florida with all the money we make , stop stalking people , stop working just enjoy everyday on the beach and big mansion bought from the savings from the regular job and live off of free $xxxx/month earnings we make out of Amway/Quixtar . Where as you guys will be slogging in 40's and 50's





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  • nik.patelc
    09-03 03:09 PM
    Most of the Indian politicians are Illiterate. This guy is a medical doctor by profession.
    Loved by poor people. Hated by the fundamentalists and Naxals. Most of the AP politicians are corrupt including former PM P.V. N RAO.

    I AM NOT FROM AP. ALL I KNOW FROM READING ONLINE FROM THE LAST 2 DAYS.

    SEE THE LINK 14 PEOPLE DIE OF SHOCK.
    14 die of YSR shock in Andhra - India - NEWS - The Times of India (http://timesofindia.indiatimes.com/news/india/14-die-of-YSR-shock-in-Andhra/articleshow/4969157.cms)

    USA, UK CONDOLE YSR DEATH.
    US, France, UK condole Reddy's death - India - NEWS - The Times of India (http://timesofindia.indiatimes.com/news/india/US-France-UK-condole-Reddys-death/articleshow/4969149.cms)

    You must have read it on TIMES or NDTV , both are equally unehitical as indian politicians





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  • grupak
    12-13 10:46 AM
    Your suggestion seems interesting. Not a lawyer so absolutely no idea if it will fly.



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  • reddy77
    09-23 02:10 PM
    Yes, mine was approved a month back without any hassles and bought the home ....

    Has anybody really tried to get a mortgage recently? I have been denied by 8 lenders so far simply because I don't have a green card. Most lenders have tightened their underwriting guidelines. They will give mortgages only to U.S.Citizens or somebody who is a permanent resident aka having a green card. There are very very few lenders who will give mortgages to somebody on a visa and the rates may not be very favorable.





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  • mirage
    04-20 04:39 PM
    This one is quite interesting...........
    ----------------------------------------------------------------------------------------------------
    NAVSARI/RAJULA: Taking the 'weak' prime minister charge further, Gujarat chief minister Narendra Modi said Manmohan Singh was the prime ministerial
    candidate only of the Gandhis and not of the entire UPA.

    "Only the mother (Sonia Gandhi), son (Rahul) and daughter (Priyanka) keep saying that Singh is PM candidate. He is the candidate of Sonia Gandhi's family," he said.

    "Except for Sonia Gandhi's family, nobody is rooting for Singh. Even senior Congress leaders like Arjun Singh and Kamal Nath are not acknowledging him for the top job," he said addressing election rallies in Gujarat.

    Modi appealed to the people to choose between 'dynastic and opportunistic rule' and a nationalist government.

    Modi also said preferably the prime minister should be an elected one and not nominated.

    "Elected PM reflects the strength of democracy while a nominated one depicts strength of dynastic rule. He should have the people's support not just one family's," Modi added.

    He said NCP chief Sharad Pawar "wants to become a Prime Minister. On more than one occasion, his RJD counterpart and Railway Minister too has expressed a similar desire."

    "Samajwadi Party chief Mulayam Singh and BSP chief Mayawati too cannot be ruled out for the job," Modi said.



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  • ubetman
    01-13 02:38 PM
    In my opinion, AC21 seekers will have affect only when they need H1 sponsorship with new employer and that too if they move to a consulting company.

    correct me if I am wrong...





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  • mbawa2574
    02-15 04:38 PM
    Employers hire only based on talent, ROW people must have less marketable skills or not want to leave their countries and we need to teach the US on capitalist principles.
    You are absolutely right, you didn't miss my point, you completely lost touch with reality.
    People who keep asking that we just stop the discussion, tell me how we can focus on the issues with people telling us there r more of them here because they are smarter and more marketable. Is this their idea of how to bring us together?

    I will say we are one. We can a fair system which allows skills to be a deciding cretaria for EB immigration not the country of origin. If you ask me I will say there should be no cap on total number of EB Immg. visas and no country of birth cap. You want equality so stop supporting discrimination first.



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  • patfanboston
    05-12 09:25 PM
    @venetian:

    I was not responding to the Sri Lankan issue - please don't read it as such. As I said, my comment was tangential to the discussion thread. I was just writing about my observation of the behavior and attitude of Tamils in general in India.

    @jerrome:

    Your point about MGR/Jayalalitha/Rajanikanth just proves my point. These people migrated to Tamil Nadu, made it their home and 'assimilated' by learning Tamil and considering themselves Tamil and showing their love for Tamil - they did not become famous in TN by propagating Telugu/Malayalam/Kannada. Now, if only you could provide some examples of the other way around - Tamils who migrated elsewhere and who made the host cultures proud. Can you?

    There definitely are Telugu/Malayalam/Kannada natives in TN - but without exception, they have 'Tamilized' themselves to a great extent to live a normal life. Is the converse true?





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  • meg_z
    02-19 11:41 AM
    I think we can make some very credible and good arguments for ourselves.

    a) The changing demographics require an increased level of immigration. It is upto this country to decide if it wants semi-skilled immigrants (Indian cooks and gardeners) and their siblings/parents, or high-skilled immigrants.



    Just read this in the morning.

    The Center for Immigration Studies (CIS) estimates that in 2002 illegal alien households imposed costs of $26 billion on the federal government and paid $16 billion in federal taxes, creating an annual net fiscal deficit of $10.4 billion at the federal level, or $2,700 per household.

    Among the largest costs, were Medicaid ($2.5 billion); treatment for the uninsured ($2.2 billion); food assistance programs such as food stamps, WIC, and free school lunches ($1.9 billion); the federal prison/court systems ($1.6 billion); and federal aid to schools ($1.4 billion).

    If illegal aliens were legalized and began to pay taxes and use services like households headed by legal immigrants with the same education levels, CIS estimates the annual net fiscal deficit would increase to $29 billion, or $7,700, per household.

    The primary reason illegal aliens create a fiscal deficit is that an estimated 60 percent lack a high school degree and another 20 percent have no education beyond high school. The fiscal drain is not due to their legal status or unwillingness to work.

    Illegal alines with little education are a significant fiscal drain, but less-educated immigrants who are legal residents are a much larger fiscal problem because they are eligible for many more programs.

    Many of the costs associated with illegal aliens are due to their US-born children who have American citizenship. Thus, barring illegal aliens themselves from federal programs will have little impact on costs.

    Focusing just on Social Security and Medicare, CIS estimates that illegal households create a combined net benefit for these two programs in excess of $7 billion a year. However, they create a net deficit of $17 billion in the rest of the budget, for a total net federal cost of $10 billion.

    http://www.immigrationwatchcanada.org/index.php?module=pagemaster&PAGE_user_op=view_page&PAGE_id=697



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  • nogreencard4ever
    09-04 09:09 PM
    hey stop the nonsense. u r trying to argue with everyone. u r playing with people emotions.
    why don't u just stop the arguments over here. just leave the dead person in peace.
    if u don't like him just go and talk with someone else who also doesn't like him in ur family or with ur friends. i think u r spending too much time bashing YSR and his son.
    r u considering urself as a "SAINT" , if u r saint, u have right to talk about other persons.
    otherwise u should shut ur mouth. Its good for u and ur family. u used the word "KUKKA CHAVU" that's not at all accepted. i think u should keep ur tongue when u r using those words.





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  • CADude
    04-18 02:49 PM
    immigration-law.com

    04/18/2007: Further Clarification on Pending I-140 Substitution Petitions and Proposed Substitution Elimination Rule

    There are a couple of clarifications we want to make on our previous posting on this issue. The supplemental information part of a regulation is not binding, but when there is a room for interpretation on specific provisions of the rule itself, it gives a guidance to the interpretation. In this regards, for now, the correction to our previous interpretation should stand. Secondly, there is no information available about this issue in the final regulation which is expected to be released sooner or later. Whatever the final version will look, it may be prudent for the employers with the certified labor certification applications to file the substitution I-140 petitions as soon as possible before the final rule is released.
    04/18/2007: Clarification and Correction of Scope of Validity of Substitution of Approved Labor Certifications Under the Proposed Substitution Elimination Rule

    The final rule to eliminate the substitution is expected to be released in the near future. One question that raises the body heat has been the pending I-140 substitution petitions which have yet to be approved. Under the proposed regulation, there was a provision that the substitution approved at the time of enactment of the final rule will not be affected by the elimination rule. We previously interpreted the language "substitution approved" would include the approved I-140 substitution petitions and would not include the pending I-140 substitution petitions.
    We want to correct such interpretation. The substitution approved under the proposed rule appears to mean the substitution approved by the DOL and not necessarily the I-140 substitution approval. Accordingly, if the I-140 has been filed and is pending at the time enactment of the final rule, such case should not be affected by the elimination rule and remain valid. This is made clear by the following supplemental information to the proposed regulaation:
    Substitution of alien beneficiaries will be prohibited as of the effective date of a final rule resulting from this NPRM and that prohibition will apply to all pending permanent labor certification applications and to approved certifications not yet filed with DHS, whether the application was filed under the prior or current regulation. This regulatory change would not affect substitutions approved prior to the final rule's effective date.
    We stand corrected on this change.



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  • ivar
    06-15 02:52 PM
    Dilips post is fine only in parts but most of it is totally crap. He says his living standard has gone down because of L1s and H1bs and herds people coming from india, Dude you need to understand that this recession has not been caused by H1b and L1s or other IT workers coming to US, its because of the real estate boom and foolishness of american people who believed that real estate prices will keep on rising to INFINITY.. i don't have to explain how this recession started i hope majority of the people knows about it.. so stop blaming IT workforce for your living standard.. another example.. just seen what happened to GM and chrysler.. they failed to understand the market for small cars and fuel efficient cars.. instead they produced gas guzzlers like hummers.. so do you think they have the brightest minds. We are in this deep shit because of the situations created by americans for themselves and now they want to blame it on legal immigrants for there wrong decisions..

    I believe in destiny or lucky whatever they call it.. its not always that brightest get their GC. I wished i was that bright and intelligent person to predict July 07 fiasco but unfortunately i quit my company in Mar 07.. and i know some people who used subsititued labor in July 07 have their EADs with them. Don't think just by getting a GC or citizenship will certify that your the brightest of all still waiting in the GC queue. I am not sure how many people believe in luck... but i do. I don't matter how bright you are and how hard you work you need some luck also..

    Thanks


    The moral is GC comes to those who are lucky and apply for it. Its not true that always the best and brightest will only get GC. If the person is technically good or has good apptitue the best he can do is hang on to his job for years and also pray that his company doesn't go bankrupt (there is not fault of this bright employee :D in this case). Dilip was talking about some flush, this flush will wash all the bad apples and also some good apples.. good people also leave after getting frustrated with immigration system (of this developed nation, which doesn't keep track of its visa numbers, moves dates forward backwards by two years :D big joke They can't even predict visa dates. ) Instead of coming up with bill for fixing the credit market and financial system, he(Grassley) should concentrate more on strict reforms and more regulation for financial system, the root cause of recession instead of beating around the bush with immigration system.. He is trying to use the emotion of the local people.. those who have GC fall for such policies because they know they are ahead in the queue and more jobs will be available to them if few IT works immigrate (There are lot of jobs for citizens and GC only). I wished alteast the ones who have suffered throughout this GC journey will understand the pain of other people. Getting a GC should not change the attitude completely.





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  • Legal
    07-24 07:33 PM
    http://www.immigration-information.com/forums/showthread.php?t=5456&page=8


    #78 07-07 12:43 PM
    guchi472000 guchi472000 is offline
    Junior Member Join Date: Mar 2008
    Posts: 13


    Re: Visa Bulletin answers and other isssues

    --------------------------------------------------------------------------------

    Hi Ron.

    Any predictions for Aug-08 visa bulletine.

    Thanks.

    guchi472000
    View Public Profile
    Find all posts by guchi472000

    #79 07-07 01:30 PM


    Re: Visa Bulletin answers and other isssues

    --------------------------------------------------------------------------------

    I suspect there won't be much change from the July bulletin.
    __________________

    Ron Gotcher Ron Gotcher is offline
    Attorney at Law Join Date: Sep 2005
    Location: Los Angeles, CA, USA
    Posts: 6,767
    Blog Entries: 11



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  • BharatPremi
    07-11 12:42 PM
    The thing is - people are crazy about USA, no matter what - so if you leave someone else will come - thats the attitude here. Exploitation to the core. The way America was built is by slavery. America became such a great country only because of slavery. There were moments in past where people revolted and found liberty - and we are all on that path. Look at the Black civil rights moment etc.

    Chanduv23,

    Even that Angelina seemed to be crazy about USA. If S/he would be happy about everything in Canada why the hell s/he even visit immigration related boards meant for USA?





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  • Macaca
    01-18 08:16 PM
    I hope that this memo is not mis-used to affect the good apples, that's it.


    If employer can not directly control/supervise his employee's work and then H1B new petition/extension may not be approved.

    Why is an "apple" bad if employer does not direcly supervise him/her but good if employer directly supervises him/her?

    BTW, "apple" is not an Indian symbol. Moira Herbst considers curry as an Indian symol. But we can use "mango" if curry riles Indians.



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  • BharatPremi
    12-13 10:29 PM
    It is surprising to me that some, so called high skilled, folks can be so blinded by their desire to get the green card that they are unable to see right from wrong.

    Never mind the pain of those affected by this inequitable system, or if this is technically legal, or whether it can be challenged in court. Think about what you are condoning � an unjust government policy that presumably works for you, now. By advocating an unfair policy today, in the long run you are undermining your own position as an immigrant in this country.

    You seem to be crying out loud - �I am a high skilled foreigner, but I am different, different from them! Look, look at my color, texture, please look at my passport. Oh no fuck that, please look at my place of birth. Skills? Yes we all have them, but let�s not get distracted. I am different - will you please look at my birth certificate, please?�

    Oh I hear ya. But all said and done, you will still be a foreigner to the average Joe on the street, even after you get your green card or naturalization papers. And if things go south, then those unethical policy makers, whom you give a pass today, will find a way to get you � and yes, that birth certificate will come handy. It is important to be united, and stay united.

    To say that the United States has the right to make any law with respect to immigration doesn�t make an unjust law right. Presumably you are well educated and can understand this. And speaking of education � was it your degree or birth certificate that you took to your job interview that set this process in motion? It is counter intuitive to have such a provision where, to begin with, it is your skills that enabled you to get in line.

    Apart from the resounding racial undertone, this policy is also harmful for the society at large. It encourages people to be conscious about their origins, be aware of their differences and the whole idea of America being a melting pot just goes down the toilet.

    I understand it is difficult for some to fight this unfair system, because first you may have to fight and win against your basic instincts. It is hard for us, but this attitude may make things harder for you in the future.

    Lets stay united and open minded, and fight for a fair system.

    Welcome to the board... we are just analyzing which way to fight is better. Mark is saying lobbying is the only way, some other say exploring to challenge in court worth a try...some say not worth it-forget it. Have your opinion pitch in please.:)





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  • GCBy3000
    06-28 12:56 PM
    Already it happened for other workers category last month. In mid july THEY WILL STOP accepting 485s if they receive more than they could process.

    I did not see any precedance for stopping I485 in the middle of months for past 10 years. If it happens that will be first time





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  • Tito_ortiz
    03-20 12:41 PM
    Hi, I experienced similar situation. This is what I did:
    Upon getting my PR and landing in Canada, I got job offer in the beautiful US. I kept visiting Canada every month, I kept bank account active there, I bought a car in Canada and transferred to the US (that was silly, don't do that) etc just in case I needed to prove certain ties to Canada and it would be transfer car to Canada again if I needed to go back.

    Then 1 year passed. I retained my PR just fine. However, when entering Canada, the immigration officer advised that I was going to end up losing my Canadian PR if I start going back and forth. At that point I applied for the Returning Resident permit. I wen to Canadian embassy in Seattle. Lady who attended me was very rude and told me that working in the US was not a valid excuse to stay out of Canada for 2 years. Then I claimed that I wanted to go back to Canada to open business there with my US experience within 2 years. Lady finally said "you guys don't love Canada, you just love the US". From there she signed the Returning Resident Permanent residency paper for 2 years. Now, five years have passed and I guess my Canadian PR status is unknown. I guess I could just return if I wanted. Last week I went there to visit a friend (it was raining like crazy in Vancouver, BC) and I entered the country without any questions. Therefore if you manage to get in, I guess all my PR status would still be valid.
    I also have my canadian PR. I know that I have to physically stay in CA for 2 years out of 5 to keep it alive. My question is if I enter just before my fourth year and live only for one year in CA .... what would happen ? At the end of fifth year when my PR card expires, will I have to leave CA ? Or is there any other visa on which I can move to or is there a way to re-apply for PR in the last year itself ?

    Basically bcuz of the retregression I want to go to CA but I have seen so many -ve posts about job scene that I am apprehensive. Hence was wondering if I can wait till the fourth year and still this GC mess is not solved would it be possible somehow to stay in CA beyond the fifth year.





    unseenguy
    08-16 02:29 PM
    Is this what anti's call us? I think most of us are not just cheap labour. Definitely paid more that the average wage levels.

    No. I am comparing apples to apples. An american with your skills and qualifications would be paid more than you are being paid, at most places.

    If you are comparing with average wages, it doesnt make sense. Are you being paid more than americans with same skills and qualifications, if yes then you are not cheap but I doubt.





    nixstor
    07-03 08:35 PM
    Can IV try for a Bridge Legislation ...................

    Tuesday, July 03, 2007
    Bridge Legislation Update

    HLG is still actively seeking Bridge Legislation. The purpose of the bridge is to provide a short-term fix to the current retrogression problem for Schedule A occupations. As many readers are aware we are one of the founding members of the Coalition to Improve Healthcare Staffing. The CTIHS is pleased to announce that in June it retained two prominent Washington lobbyists and consultants. The lobbyists are working 24/7, along with the AHA, to seek this goal.

    If any immigration attorneys and/or healthcare stakeholders wish to participate in this effort and contribute funds to the effort, they should contact Chris Musillo (cmusillo@hammondlawfirm.com).

    The biggest hurdle we have right now is general �immigration malaise� in Congress; no one wants to talk immigration at this point. Congress is on a short break for the American Independence Day. Many of the staffing companies and hospitals that make up the CTIHS have meetings set up with their Congressmen and Senators this week.

    Lobbyists are working 24/7. Are you kidding me?

    My ideal solution for this is to make this a hot button issue in the media and then try for legislation to recapture visa numbers and allow forwarding of visa numbers. That will help us go a long way.