Monday, July 4, 2011

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  • vdlrao
    07-21 12:15 AM
    I presume, from the July 2007 fiasco DOS might have learnt a lesson of deciding the cut off dates very care fully based on the Aproved labors In a pertucular year from a perticular country with a perticular ctegory. So thats the reason why I am thinking that instead of putting whole EB2 as a current
    (It is estimated that there are aout 20k + visas still available for this fiscal year) DOS has put a cut of date for EB2 India/china to Jun 2006. So I could say USCIS is making the cut off dates very carefully by using all the available information like approved labors in a perticular year from a perticular country and in a perticular category.


    ----------------------------------------------------------------
    Originally Posted by delax
    Here you go - conversion should not impact this as the number of LC approvals remains the same:

    Here are all the LC approvals for India in the last seven years.

    Year, Total LC Approved, Total India
    2007 85112 24573
    2006 79782 22298
    2005 6133 1350
    2004 43582 No Info
    2003 62912 No Info
    2002 79784 No Info
    2001 77921 No Info
    2000 70204 No Info

    ---------------------------------------------------------------------
    If you see the appoved labors by a fiscal year above, I am assuming that there would be about 10,000 labours for EB2 India every full year except 2005.
    In 2005 there may be only about 600 labors for EB2 India.


    Based on this it would be
    About 5,000 labors for EB2 India from April 2004 to Sep 2004 (About half year),
    About 600 labors for EB2 India from Oct 2004 - Sep 2005

    About 5,000 labors for EB2 India from Oct 2005 to 1st Jun 2006( About half year)

    So total labors may be around 10,600 which needs about 25,000 visas.


    So it seems there are about 20k visas availble now.

    So they have moved the dates accordingly.





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  • logiclife
    07-10 11:08 AM
    Very well said.

    To add to that, my message to Ron Hira, his IEEE-USA, John Miano, others at programmer's guild, Bernie Sanders etc. :

    Your plan to stop outsourcing is really going well. Isnt it ? Well, this is exactly why people like you and John Miano get replaced by hard-working foriegn workers. Because the foriegn workers have a mission to accomplish when they accept a job, unlike you, who intends to do one thing (stop outsourcing) and ends up achieving the opposite (cause outsourcing).

    Keep up the good work and blame the foriegn workers for all your problems in life, including global warming.

    And Bernie, you are the best. Now tell me, how are you going to protect the Americans whose jobs are being taken and shipped to Canada. Are you planning to run for Senate in Canada ? How about you resign and run for office in Canada and slap a $5000 fee there and also give a grand speech you gave in US senate ? Go Bernie, go.





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  • Michael chertoff
    07-12 02:03 PM
    My question:

    I left my GC sponsoring company, and joined different company on EAD. working in new company from last two months.(My I-140 was approved on 2006.)

    I did not used AC21 , because my previous company is supporting me they said they will not revoke I-140 and will give me any letter on any RFE.

    My question:

    1.Is it Ok that i will keep working on new comapny without invoking AC21 and go back to my previous employer on i-485 approval.

    2. Or in case of any RFE i will send the AC21 paperwork from new employer.

    3. Or if there is no RFE, and i get approval. then i will go back to my old employer and ask them for a letter that they are not able give me job because of there financial reason(for my records to show that i wanted to work for that employer). I will keep working with new employer without informing USCIS.

    please suggest what should i do in this situation.

    Or it is must to INVOKE AC21 for me even both companies are supporting me.

    thanks.

    MC





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  • dhirajs98
    07-21 10:03 AM
    I have my EB3-RIR pending at NSC with PD JAN 2004. I-140 concurrently filed on July 23rd 2007 at NSC is still pending. I do have the EAD and AP approved.

    I have another EB2 labor (PERM) certified but its I-140 was denied on the basis of qualification. I have 3 yr B.Sc + 2 Yr. Post Graduate Diploma from India. This labor was certified on Dec. 26th 2006 and I-140 was denied last year after replying to the RFE raised regarding qualification. USCIS was looking for 4 yrs. degree instead of 3 yrs. They didn't accept my 2 yrs. post graduate on top of my 3 yrs. B.Sc degree.

    My question: Is it advisable to go ahead and revive this PERM labor to file fresh I-140 again? If Yes, then what all I should do before filing the fresh I-140? I have almost 8 years of work experience in USA beside my 3+2 years degree from India.

    Please advise.



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  • ganguteli
    06-04 03:28 PM
    The EAD/AC21 is still only available to those who are July 07 filers. There are many who have missed the oppurtunity. What many people are asking for is for something such that anyone can change a job after some given time, irrespective of Visa number availability. Even for those with EAD's, you are still restricted to be in the same field. So if you want a career move and do an MBA or acquire new skills to change your career, you cannot do that (unless EAD is for a dependent). If this is not pigeoning people, what is.

    No point trying to get EAD for non AOS filers.

    We should rather ask for faster processing of applications, transparency and more accountability.

    EAD also has lot of restrictions and our goal should be faster green cards through faster processing and more visa numbers.





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  • conchshell
    07-26 05:08 PM
    In the past 4+ years, the annual H1 queue is just 65K. So the input into the EB queue must have moderated quite a bit.

    Another piece of information, supporting your argument. This is posted on immigration-law.com today:

    The DOL has yet to release its 3rd Quarter Performance report ending at the end of June 2008, but the second quarter report indicates that the foreign labor certification applications continuously dropped from the same period in FY 2007 including permanent as well as temporary labor certification applications. PERM applications dropped 46% from the statistics of the second quarter of FY 2007. The report indicates that despite increased audits (over 45%) and related work, the processing times remain steady. Obviously, it must have been affected more by decreased number of new applications than any drastic improvement in processing times in each application. In fact, from the perspectives of each PERM application, the processing times have witnessed a substantial delay over the last one year. The delay which was associated with the massive audit and related activities could have been offset by the substantial drop in the PERM applications in the overall statistical figure in the report. The DOL report did not report the details of the causes for continuing decrease in PERM applications, but this should be taken as an alert to the U.S. businesses as an indication of reduced incentives for the needed foreign workers to remain in the U.S. and potential reduced availability of the talented foreign workers to support the U.S. businesses' competition in the world. Considering the fact that the supply and demand of resources at the international level are not something which can be rebalanced over a night or a short period of time, the political leaders should start paying attention to the urgency of the reform in the employment-based immigration system before it gets too late.



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  • msp1976
    02-13 02:50 PM
    I don't think so. 7% limit has been there for a very long time. Unused visas from prior years for ac21 purposes were still subject to 7% in current year. The 7% rule was unchanged.

    It seems that you think that the unused visas from prior year were not subject to 7%. There is nothing of the sort that allows this.


    Refer to this text.....

    http://www.fourmilab.ch/uscode/8usc/www/t8-12-II-I-1152.html#_a_

    TITLE 8, CHAPTER 12, SUBCHAPTER II, Part I, Sec. 1152.

    Look at paragraph a(5)

    (5) Rules for employment-based immigrants

    (A) Employment-based immigrants not subject to per country
    limitation if additional visas available
    If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 1153(b) of this title for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
    (B) Limiting fall across for certain countries subject to
    subsection (e) of this section
    In the case of a foreign state or dependent area to which subsection (e) of this section applies, if the total number of visas issued under section 1153(b) of this title exceeds the maximum number of visas that may be made available to immigrants of the state or area under section 1153(b) of this title consistent with subsection (e) of this section (determined without regard to this paragraph), in applying subsection (e) of this section all visas shall be deemed to have been required for the classes of aliens specified in section 1153(b) of this title.


    This is the section that allows for the 7% cap to be violated in case additional visas are available.................

    This is the one many anti immigrant people tried to get removed again and again......


    USCIS did not do anything wrong in 2005 nor in 2006.....By allocating additional visas to India/China USCIS did not do anything wrong...You can sue them ....USCIS has good grounds to defend their position.....You would not get anywhere...





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  • apt29
    01-13 04:59 PM
    Will this rule effect on EAD and AC21 also?



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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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  • msp1976
    02-13 03:30 PM
    Originally; I had interpreted the paragraph to mean if the total visas by category i.e, total visas in eb1 are unused then a country can go over 7% limit in that category (horiziontal spillover).

    However; the law is determining total as total visas for all EB categories as a whole. Therefore, there has to be unused visas from the 140,000 for a country to go over 7%.



    I interpreted that as allowing a country to go over the overall 7% limit in the total EB categories.....Which conforms to what USCIS did in 2005....USCIS allowed much larger than 7% from India that year...and they were within law...( Of course that can be litigated against if someone raises an objection ......)

    So if my interpretation applies and after reform there are 290K total visas available then there is a decent chance of EB2/EB3 India China to at least come to 2005 PD levels if not current...



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  • Vishal2007
    05-02 07:17 PM
    I am watching this thread last 36 hours, this is not media to discuss political issues, we are here to educate/lobby so called law makers of this country for our immigration issues.

    STILL BEING TAMILIAN, I HAVE RIGHTS TO SAY MY THOUGHTS


    Tamils in SL is not Indian citizen but they migrated long back still have culture,family relation in India. Rajive got assassinated because he is trying to implement unpopular/unacceptable foreign policy in SL simply by trusting his popularity (he deserved for his mistake) One Sikh killed Indira but we accept another Sikh as our PM. It is Indian gov. lobbied efforts to ban LTTE by western country. they are well organized, disciplined and high tech group. some people raise another issue, they recruited young children to fight, we all are talking so called democartic India, still encouraging child labor every where in India. Srilanka Government boldy refusing all western country pressure, even United Nation (UN, this is pice of shit in the trash) unable to convience SL gov. because it is backed by Indian gov. or you may called Sonia gov.


    Bottom line is Sonia is taking revenge on Tamils by supporting SL gov., after all she is from the country that killed Jesus.

    We already denounced India, I am carrying Indian passport with shame.




    see the link below,




    http://www.youtube.com/watch?v=2McxGpfoUM0&feature=related





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  • unseenguy
    03-27 04:07 PM
    I think Laloo will make a good PM with external support.

    It should be performance based ;)



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  • hiralal
    05-30 11:25 PM
    we are listening to new ideas/suggestions by all members, you don't have to be acrimonious in your response.

    Please learn to tolerate others. Everybody deserves a fair chance to be heard.
    Belmontboy ..Thanks for the same ..as I said earlier any campaign should highlight the positive aspects of legal immigration ..fighting over EB1 misuse is not going to help. I am a prospective home buyer and in the last few months, I met 8 buyer / seller agents ..they are literally sweating for any business ...at the very least let us show the positive contribution that immigrants have for the housing and other related economy (which is massive in terms of $$$$$). I am sure everyone will agree that this is better than fighting over EB1 misuse and fighting amongst ourselves





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  • gc28262
    06-03 09:53 PM
    Giving an interim GC while visa number is unavailable will have the effect of bypassing the entire GC quota system. How do you want the interim card to be different from the final thing? No way that anyone in Congress will allow for their laws to be overridden through USCIS rulemaking.

    An easier fix would be to accord a FINAL status for a pre-adjudicated application. USCIS should not/cannot issue an RFE on an application once it has been accorded a FINAL status. The new status FINAL should be visible online and a formal document should be issued to the applicant stating that the application has been accorded a FINAL status.

    This is easier to get done rather than an iterim GC. Applicant gets the peace of mind and can go around buying houses, changing jobs etc whereas it is just a procedural change for USCIS.



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  • waiting4gc
    02-13 01:53 PM
    If you see the entire post, you will see that the agenda is

    1) Increasing GC numbers
    2) Recapturing numbers and instituting permanent Rollover mechanisms
    3) Eliminate country quotas

    Part 1 and 2 would help everyone from around the world. While 3 would benefit citizens of a few countries more than others, all it is saying is STOP discriminating in employment based green cards on basis of country of origin. You are not BORN with skills and neither does being born in country A make you more SKILLED than being born in country B.

    If you want to see 3 as being the reason to not participate, that you are implicitly condoning discrimination against people born in certain country even though you will benefit equally from 1 and 2.

    Are you suggesting that IV's efforts would increase the wait times for ROW?
    What incentive does ROW have to work with IV then?





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  • GCwaitforever
    01-23 05:34 PM
    If there is a need for companies to save money by going for substituted labor, then maybe the DOL and USCIS should work out to make the priority date of substitution case same as the 140 date and not the labor filing date.

    I am not sure of validity of substitution labor at all. When the original labor petition was applied, they could not find suitable candidates and hence they had to approve the labor. Fine. What about at the time of labor substitution? They ought to check the labor market again for a suitable candidate and only after confirming that there are not any candidates, the substitution labor should be approved with priority date of the substitution labor filing, not the original priority date. This will make labor substitution difficult for Desi companies and keeps it fair for everybody - immigrants, local candidates.



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  • sumagiri
    07-25 11:00 AM
    What you say can certainly happen, but I beleive that the pressure on USCIS is exponentially greater after last summer. People are watching their every step very closely. They got away with their inefficiency in prior years because the bottleneck was not USCIS - it was DOL that took a zillion years to clear labor petitions. Additionally the visa recapture of 2000 ensured no retrogression until 2005. Even after 2005 there were very few 485's to approve because of a) very low perm applications/approvals in 2005 and early 2006 and b) all the 2003/2004 labors were stuck in BEC's and were approved only in late 2006 or early 2007 (like your truly - mine was actually an RIR but the BEC classified it as Traditional Recruitment and began recruiting for the position - but thats another story).
    Net net; USCIS inefficiency was masked under DOL's backlog - but now their transgressions are out in the open and they cant hide anymore behind DOL especially after last summer.

    As much as Ron Gotcher has been accurate in the past, I think he is missing the point this time. At an ulterior level he needs to show USCIS in poor light because he only recommends CP for his clients. If I were his client and I hear him say that this year USCIS is different then I am bound to switch over from CP to AOS!

    I know. That is what I am exactly saying. All our calculations will be true when USCIS works efficiently for this year and continues to do so. And we all are hoping for that.





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  • rbalaji5
    03-30 02:29 PM
    Do some research on Nuclear deal and see what it will bring to India in the next couple of decades. And tell me what Mr.Advani brought us when they were in power.

    We need food and shelter to sleep than Nuclear Deal I like your Future prediction of Nuclear deal.!!. (obviously, we are hungry and looking for food and place to sleep :)

    Letz change the Govt and see what will they do in future. (We did n't see anything big with Congress for the past 4 decades -





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  • _TrueFacts
    09-11 10:37 AM
    Lessons YSR taught Sonia (http://blogs.timesofindia.indiatimes.com/masala-noodles/entry/lessons-ysr-taught-sonia)

    Snippets.. go through all the user comments on the post in TOI.

    YSR moulded democracy in AP in his own feudal mode. Hailing from the drylands of Rayalseema, where barren agriculture and lack of industry made an industry out of violence and extortion

    YSR devised his own framework of governance that he started implementinng the moment he came to office in 2004. Simplistically stated this framework was an adaptation of the old zamindari system: under this YSR parcelled demarcated areas of the state to his loyal followers (who were elected as MLAs and MPs from these areas). Within the jurisidisction of these areas, these loyal followers were the kings - they were free to do anything (within limits) using the state's administrative machinery. In return, YSR wanted their loyalty and resources for the party kitty

    Well, YSR delivered the state to her not once but twice and also financed a large part of the Congress campaign costs. In this comfort, Sonia forgot that the loyal Congressman had converted the party into his own personal satrapy





    alterego
    09-27 11:46 AM
    US economy situation is alarming. I doubt they will consider any immigration related bill until financial crisis stablises.2009 will be the key.Economy has to stablise. If not anti immigrants will block any bill citing the economy as the reason. If unemployment increases every month then any immigration reform is distance possiblity.Illegal immigrants are is getting publicity every year by rally for past 4 years but nothing happened. Pro immigrants are trying to block E-verify and some other anti immigration reforms. Anti immigrants are trying to block pro immigrant reforms. So any immigration reforms will be stalled until some compromise reached by moderates

    You are correct. However the corollary is that the pressure to resolve issues is building. The congress is getting a reputation as sitting and fiddling and as a "do nothing" body while problems of all sorts are worsening.
    For example, during this crisis were it not for the cooperation and goodwill of Foreign central banks, this financial situation could have gotten a whole lot worse. Could you imagine the impact of any of the many countries with US reserves over 300 Billion such as China, Japan, Saudi, Russia or India moving or just announcing their reserves will move into Euros or Gold given the current fragile mindset? That would have caused the dollar to simply plummet. Frankly given the current state of affairs, If I were a central banker, I would diversify the reserves.
    People may have differing views on how to fix things, but that they must everyone seems to agree. As not much has been accomplished on this and other issues over the last few years, we just might see a slew of issues addressed next year as a sense of urgency is building. This will be especially true if we get all 3 branches of Gov't on one side, right now that chance is with the Democrats.
    Doing nothing is quite simply paralyzing this country, we mainly see it on the Immigration issue as it affects us directly, but the same is true on many issues.





    alkg
    09-24 03:29 PM
    I don't think this all is going to work out in any way.



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