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  • chantu
    03-30 02:46 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.

    If congress would have done it's job properly 60 years back, there was no need of nuclear deal now. The comment you made makes it pretty sure that congress was a failure since last 6 decades. The benefits of current nuclear deal will be in next 2 decades. So what poor people of India eat in next two decades? Will you tell them that don't worry...hang on for next 20 years. Also do you know the case of Enron and how politicians of all colors made fool of people.





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  • abhijitp
    02-12 06:36 PM
    No matter which side you are on, the quota system sucks. Period.

    1) Once you start receiving benefits out of being born in a particular country/ race/ sex/ religion, a notion of "entitlement" quickly builds up within you. This adversely affects your ability to perform, for you just don't have to work hard enough!
    2) If you are punished for being born in a particular country/ race/ sex/ religion, you have no incentive to perform, as you won't get what you deserve no matter how hard you work!

    How about this... during every Olympics, most number of Gold Medals are won by Americans. Now imagine a rule that prevents more than 7% of all Gold Medals going to people born in any one country. How does that sound?

    I will myself hate it if athletes from India (who haven't won anything in the Olympics till date) started winning gold medals simply because other countries cannot receive more than 7%!

    Of course, removing country caps will face opposition, but it should still happen, just because it is the right thing!





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  • vdlrao
    07-21 06:49 PM
    For 2007 we had an availability of 226,000 Family Based Visas. But the issued visas in 2007 in Family Based are 194,900 visas. That means there are 226,000 MINUS 194,900 = 31100. These 31,100
    unused Family Based Visas have been made available for 2008 Employment Based Visas of 140,000. And USCIS has 28,795 unused VISAS of American Competitiveness in the 21st Century Act of 2000 (AC21).


    American Competitiveness in the 21st Century Act of 2000 (AC21) had recaptured 130,107 visas.
    Out of that 94,000 were used in 2005.
    7,312 were used in 2007.

    So dont know when the available 28,795 unused VISAS of AC21 will be used again.



    The unused family based visas of 2007 are 31,100 , which are going to be added for Employement Based Visas of 2008. So the total Employment based visas for 2008 are 140,000 + 31,100 = 171,100.

    Theses 171,100 EB Visas of 2008 will be split like, asuming USCIS is not using the availble 28,795 unused VISAS of AC21 below.


    (If USCIS decides to use some or all of 28,795 unused VISAS of AC21, then the available Employment Based VISAS of 2008 increases accordingly. )

    28.6 percent each EB1, EB2 and EB3. 48934 VISAS for Each Category.
    And 7.1 percent each EB4 and EB5. 12148 VISAS for the last two EB categories.


    So in 2008 the total Visas for EB1 and EB2 are 48934 + 48934 = 97868 plus unused EB4 and EB5 visas of 2008.



    The total EB5 Visas usage never crossed 824 in the past 10 years(Average Usage is 376/year).

    So there would be 11148 visas available for EB1 from EB5 (assuming 1,000 visas are used in EB5 which is highly impossible)

    The unused EB4 Visas may be couple of thousand or null, based on the past 10 years EB4 usage (7,223 is the average usage)

    Assume there are only 2,000 EB4 VISAS unused in 2008 (defenitely it would be more unused).

    So IN THE WORST CASE the total EB1 and EB2 Visas for 2008 are

    48934 + 48934 + 11,148 + 2,000 = 111,016


    IN THE BEST CASE, ASSUMING USCIS USES ALL 28,795 unused VISAS of AC21 FOR 2008 AND THERE WOULD BE 5,000 UNUSED EB4 VISAS, THE TOTAL EB1 AND EB2 VISAS FOR 2008 ARE GOING TO BE 111,016 +3,000(EB4)+ 2*(28,795/3) = 111,016 +3,000+19196 = 133,212



    Total (EB1+EB2) from 1998 to 2007 --> 35737, 23401 , 47821, 84222, 78484, 29859, 63825, 107328, 58871, 70859



    So IN THE WORST CASE the total (EB1+ EB2) Visas for 2008 are

    48934 + 48934 + 11,148 + 2,000 = 111,016



    IN THE BEST CASE, ASSUMING USCIS USES ALL 28,795 unused VISAS of AC21 FOR 2008 AND THERE WOULD BE 5,000 UNUSED EB4 VISAS, THE TOTAL EB1 AND EB2 VISAS FOR 2008 ARE GOING TO BE 111,016 +3,000(EB4)+ 2*(28,795/3) = 111,016 +3,000+19196 = 133,212



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




    Type and class of admission 1998-- 1999-- 2000-- 2001-- 2002-- 2003-- 2004-- 2005-- 2006-- 2007


    Employment-based preferences 77,413-- 56,678-- 106,642--178,702--173,814--81,727--155,330--246,877--159,081--162,176

    First: Priority workers 21,375-- 14,844-- 27,566-- 41,672-- 34,168-- 14,453-- 31,291-- 64,731-- 36,960-- 26,697





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  • royus77
    06-28 09:20 AM
    (Remember Visa numbers are allocated on visas used and not how amny people applied). Please share your thoughts. Thats my 2 pennies.


    Good point.



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  • vdlrao
    07-18 08:19 PM
    this is not correct. ROW continues to get preference.
    what has changed is that for a while USCIS chose to interpret the law in a way that gave EB2 GC numbers (the law mandated 28.6%) to EB3 ROW rather than spill them over the EB2 I/C. now they have corrected that and EB2 numbers (which include any spillover from EB1) are first used in EB2 ie category numbers are given priority.

    so the bonus advantage that EB3 ROW got for 1-2 years has been withdrawn. however with EB3 retrogressed and with EB2 I/C retrogressed, EB3 ROW continues to get all EB3 numbers except the 7% each for the retrogressed nation states.

    i would also like to know where the 20K number is coming from if anyone has a source please share it.

    Hi Paskal,

    We dont have any official source of available visas for EB2 India as of now.
    But based on the information availale it seems there would be about 30k visas, which are about 10 times more than what its been now (3,267 VISAS for EB2 India), available for EB2 India. Even though China shares with us for these visas, it would be minimal for china sharing as because china had already a cutoff date of Jan 2006 by Jul 2007. EB2 India has to be current pretty soon as of the increase in visa numbers allotment to almost about 10 times due to the horizontal fallout.

    We need your inputs as well, on this calculation of estimated visas for EB2 India.



    .................................................. ...

    Originally Posted by sumagiri :

    There are some significant flaws in your analysis. If you correct them, the number comes to around 25K.

    First. The family spill over has to be applied to all categories. So the total number is 140,000 + 19,000.
    Second. You calculated EB1/2/3 gets 1/3 which is not correct. They use only 28.6% not 33.3% This makes difference.
    Third. The EB1+EB2 combined 70K already counted 9,800 visas for India. We should not add them again.

    According to USCIS/DOS testimonies they will usually end up using only 95% of total quota. They go conservatively because they must ensure that they won't use up even a single visa more than what law allows.So total available is approximately 159000*.95 = 151050
    Third. EB1, EB2, EB3 each will get 28.6%. Not one third (33.3%). That makes lot of difference. So each category will get around 43,200.
    EB4 and EB5 combined will get around 21,449

    Now again, going by statistics and your assumptions that EB1 and EB2 takes up 70K and EB4, EB5 takes up around 10K. The unused visas are

    ((43,200*2)+21,449) - (70,000+10000) = 27849.

    So the total EB2 visa usage will be around 70K + 25K =95K.


    http://immigrationvoice.org/forum/showthread.php?t=20167&highlight=vdlrao&page=7





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  • alterego
    12-07 10:38 AM
    no comments so far ? and this thread is still visible ..so I guess either people have given up or no one cares (this is weekend ..so I guess less people online).
    but I will repeat one last time ..if we cannot link housing and immigration ..then I don't see how anything else can help (can someone educate me).
    for eg if we say US is losing talent and brains are leaving ..then I don't think anyone will care especially when economy is down (many natives will be happy I guess).
    lawsuits will not help as USCIS will show that they are following law and/or they are understaffed / underfunded.
    - flower campaigns or writing to USCIS only will only help flower companies / postal department
    flower / letter campaigns help ..but we need a clear plan and lets do brainstorming or atleast show some activity !!
    ---------
    before someone jumps ..let me clarify that I am not suggesting that immigration will solve the housing problem totally ..but immigrants do constitute a very important segment of buyers.
    - we don't have to suggest increasing immigrant quota ..but only recapture and tell that these people are already in USA ..majority of them will get GC one day or the other ..this will just speed up the process so that people can settle / buy houses faster
    - I don't think u can come up with law saying if u buy house u will get GC ..focus should only be on faster GC and processing ..faster decision is helpful to US too ..as those whose cases will be denied due to law breaking etc ..will be denied sooner.
    and hence no distinction between those who are renting and those who are already owners

    Not only are immigrants an important category of buyers, but the few who took the leap of faith in this country and bought, might actually be forced to sell into a down market and exacerbate to pressure if this mess is not sorted out.
    This current inaction is a dumb policy in many ways IMHO. I hope visa recapture happens soon. If they want to slow down immigration, they ought to do it at the F1/H1b/L1 level/Labor certification. Not at the 485 stage, which is what visa recapture legislation is all about.



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  • GKBest
    02-14 01:07 AM
    can you also please care to do the percentage with total applicants ?

    Quote:
    Originally Posted by lazycis View Post
    How about facts? In 2006, Philippines received 23,733 EB visas, India - 17,169. No other country received more. China received 9,484.

    http://www.dhs.gov/xlibrary/assets/s...6/table10d.xls


    LAZYCIS......don't forget the fact that in 2006 there was still Schedule A...that's why Philippines and India was given more visa #s.





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  • cps060
    03-20 06:49 AM
    Once the three years pass, is it possible to re-apply for the PR card again ?
    Also if the entire 5 years pass & someone's PR expires, can he/she re-apply for PR ? If so, are all steps like Police check etc to be done again ?



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  • Abilash
    08-08 07:48 AM
    Hi,

    I have an approved H1B petition, but was given 221(g) during consular interview due to lack of license to practice my proffession in US. They instructed me to submit the license within one year to stamp the H1B visa.

    Now I am comming to US on a Visitors visa to write the licensing exam and to get licenced.

    I am aware of the possibility of changing status from Visitors visa to H1B after getting licence without leaving US, since I already have an approved H1B.
    But I came to know that USCIS will take around 90 days to approve status change from Visitors visa to H1B.

    Kindly clarify whether I can start working for my H1B employer immediately after filing status change with USCIS, or do I need to wait till the approval, to start working.

    Also do I need to include 221(g) I received after my H1B consulate interveiw for the status change application.

    Thank you very much in advance...





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  • cbpds
    01-14 02:27 PM
    Would it affect ppl who have to go for stamping as well?

    What these guys are really trying to achieve is bring back the good old days of high billing rates. I guess they see that the desi consulting company is responsible for driving down the quality as well as rates and salaries. The memo gives examples that would make it ok for large consulting companies like Accenture, Infy, PWC, etc, but not ok to be a *tech or *soft desi consulting company.



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  • Life2Live
    01-15 02:56 PM
    This rule will be disaster for my life, it is leaving me no option other than to go home if H1B not get extended. I have been here in US for last 7 years and own a house, I do have Kids US citizens. I am getting my H1b extenstion year by year since my labour is approved and I-140 is pending.

    It looks like I should stop making mortgage payments immediately and be prepare to go back this year.





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  • Abilash
    08-25 08:03 AM
    Hi,

    I have an approved H1B petition, but was given 221(g) during consular interview due to lack of license to practice my proffession in US. They instructed me to submit the license within one year to stamp the H1B visa.

    Now I am comming to US on a Visitors visa to write the licensing exam and to get licenced.

    I am aware of the possibility of changing status from Visitors visa to H1B after getting licence without leaving US, since I already have an approved H1B.
    But I came to know that USCIS will take around 90 days to approve status change from Visitors visa to H1B.

    Kindly clarify whether I can start working for my H1B employer immediately after filing status change with USCIS, or do I need to wait till the approval, to start working.

    Also do I need to include 221(g) I received after my H1B consulate interveiw for the status change application.

    Thank you very much in advance...



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  • gdilla
    05-09 05:57 PM
    Stop the bashing of countries with stupid generalizations like cost of living and bad doctors. This is ridiculous. See my other posts dispelling Canadian misconceptions. That your friends or whoever has had badluck in Canada is probably as much due to their lack of perperation and research before going there coupled with their socialist sense of entitlement.

    And for all you considering going to Canada, it's not rocket science. Look for a job BEFORE you go. Heck, take a vacation and go there if you get some interviews. I don't care if your doctor friend is driving a taxi cab - they should have known that there is a foreign credential issue going on in that country before they pack up their family and go there (and hopefully this will be ironed out - it is a problem and a big debate right now).

    But it's not like there isn't a way to work around it (suck it up and do what you have to do for recertification - yes it's troublesome, but at least your fate is in your own hands, and you're not stuck in retrogression at the mercy of others). And if you think you have more opportunities in the US, why is it that the majority of H1Bs are being sucked up by desi body shops who just turn around and indenture you? Is that considered a wonderful opportunity ( i guess it is)? How many of you can actually work for a non-desi company? Imagine if they didn't exist. Too bad Canada doesn't have the same body shops, eh. Oh the irony.

    It boggles my mind that people take up and leave to a country without actually looking into the job market or thinking everything would be hunky dory. There's something called the internet. Look for Canadian jobs, apply, get feedback, attend job fairs in Canada, tap your networks, etc. If you can't find something, DON'T GO.

    I'm not saying Canada, or any country, is perfect, but a proper approach and understanding before you jump into something will ease the transistion. And please, enough of the ignorant generalizations.

    If I was an employer and knew you had contempt for my country and thought you were owed something, I'd kick your butt out the door.





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  • dixie
    02-13 01:01 AM
    I thought the alien must be present on a dual intent non-immigrant visa to be eligible for AOS (I-485). I don't think people on F1/F4, B1/B2 are eligible to file for AOS while in the US. Consular Processing may be a different story.The H,L and O NIVs are the only ones that I know have dual intent.


    They enter on visitors visas. Their I-94 card may be valid for 90 days or 180 days. They have a pre-arrangement with a company or relative to find a company who will file perm labor in eb2; file 140 and 485 and then stay and get their greencard this way. Since perm labors get approved very fast and ROW people are filing in eb2 then they are taking up the quota. Main requirement of filing 485 is one has to be in valid non immigrant status. Anyone who enters USA in non immigrant status (h-1, h-4, L-1, F-1, F-2, B-1/B-2, etc.) and can get a perm labor approved in eb2 and they are from row will get their greencard in less then six months.



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  • Dionysios
    10-12 02:11 PM
    My uncle was a green card holder for approx. 40 years when he lived and worked in the US. During this time, he became eligible for medicare and medicaid. A few years ago he decided to return to his original home country. As he did not and does not have any plans to return to the US to live, he surrendered his green card at the US consulate. However, when he recently applied for a non-immigrant visa to visit the US to use the services covered by medicare, he was denied a visa. It seems quite unfair that he worked in the US, paid all the necessary taxes and withholdings and is now prevented in using the medicare services. Is there anything he can do?





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  • rajsenthil
    05-02 05:20 PM
    You are talking about Sinhala... LOL... Have you ever been to chennai? Look at the Black paint on Hindi letters on Government boards!:D
    It is far far better than where in some states, North Indian people are kicked and thrown out. This NEVER happed in TN. May be some arrogant people like you make it happen.



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    05-02 05:35 PM
    ...





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  • engineer
    07-04 09:47 AM
    Anybody who got contact at NPR or anybody who want to take a challenge and work on contacting NPR and telling them about our story.

    http://www.npr.org/about/pitch/

    Sent NPR following:

    Dear [Insert Name]

    Re: Administration Slams Door on Thousands of Legal Immigrants

    Per US DOS July 2007 Visa Bulletin that came out on June 2007, all Employment based categories were going to be "Current" starting from July 2nd. Based on this information, many of legal immigrants like me, with approved labor certifications, worked day and night, spent enormous time and money to prepare our applications for filing Adjustment of status (AOS) application (I-485). This involves, going through a medical checkup, getting shots for required immunizations and paying hundreds of dollars in lawyer fees.

    The applications were all ready to be filed but against all odds, DOS issued a notice in the morning on July 2nd, informing that no AOS applications will be accepted. The visa bulletin has basically been revised and no employment based visa numbers are available for any legal worker. It states that visa numbers are no longer available until October 1st when the FY 2008 would start. This is such a waste of so much money and efforts from the legal workers, some of whom were waiting for more than 3 years to file for their AOS applications. They finally saw a hope and prepared themselves, but even before the day came, their hopes were taken away from them. It is amazing how the DOS and USCIS can make such a big mistake in their predictions about the visa number availability.

    The visa bulletin for June had moved the visa availability dates (referred to as priority dates) by more than a month for certain categories. A number of applications for AOS were therefore expected to be filed in the month of June. However, DOS still calculated an abundance of visa numbers and therefore moved all the dates for all categories to "current" for July. And now this morning, the visa bulletin has been revised to make visa numbers unavailable to everyone. This does not look right and begs for an investigation. The whole system of generating cut-off dates is not defined and there is every reason to believe that the dates are manipulated to serve certain hidden agendas.

    Please do a news story into this matter to help legal workers who are in USA for many years. Some of us have been working in the US for more than 10 years and still do not have permanent residency. We are paying our taxes and are law abiding members of the society. So we request President to intervene in this matter.

    If you like more information, please contact me at [email address] or [cell phone no].

    We are part of Immigration Voice is a non-profit organization (501 (c) (4) approved) working to alleviate the problems faced by legal high-skilled foreign workers in the United States. We act as an interface between this set of immigrants and the legislative and executive branches of the government. We work towards eliminating procedural hurdles by interfacing with the government branches that formulate policy

    References:
    US DOS July 2007 Visa Bulletin:
    http://travel.state.gov/visa/frvi/bulletin/bulletin_3258.html

    US DOS revised bulletin for July 2007:
    http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html

    Administration Slams Door on Thousands of Legal Immigrants: AILA Condemns Agencies� Bait and Switch
    http://aila.org/content/default.aspx?docid=22804





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  • vrbest
    07-31 03:40 PM
    Thank you samay for taking time to answer my question.
    My PD is Apr 06 EB3-India. I filed 485 on Jul 23, 2007.
    Can I continue working for Company B until GC is received? or should I join company C before that?

    Whats your EB3 PD. You can join company C anytime assuming that it has been more than six months since you filed your I-485. Company C can start the EB2 process should you choose to. However bear in mind that this process will also take some time.

    Originally Posted by vrbest View Post
    Hi,
    I am on H1B (7th year and got extended for 3 yrs) and applied 485, received EAD from company A (140 approved).

    I am asked to join Client by Company A due to some benefits both of us would receive. But Client wont support H1 so I need to use EAD.

    Since EB3 is in very bad situation, Can I file new Perm, 140 and port my PD for EB2 using Company C for future position? I have position, salary and exp required for EB2. When should I join Company C if I choose this route?

    Thanks in advance!





    bigboy007
    06-13 12:35 PM
    One things for sure, we cant clear all the problems EB Community is facing in one shot. Agreed that EB Visa recapture will help temporarily but that helps a lot , Still the movement should go on either on country cap or something that would eliminate backlog. But one thing for sure if we keep debating that we need all in one shot its not going to happen. One can keep complaining that i am ahead of many of others but think analytically, we dont enjoy a great support either in house or senate, getting a simple legislation or getting our cause on CIR is itself a big thing here.

    Outsourcing is going to happen or not its a different story. US has shifted 99% of it manufacturing jobs, if all admin , it jobs are going to go away where does the money come from to run this country ? Eitherways it is going to happen more in recession, but how is that going to effect our outlook in this discussion ?





    byeusa
    07-10 10:59 AM
    Dear Friends, I had it... I am moving to Canada in the next 2 months to work for guess who? Microsoft. Came to USA in 1997 for my masters, worked at Legato, Documentum and Opentext. Had to restart my GC twrice, once as the company laid me off and next for career progression. GC is still years years away. Interviewed with MSFT last month and got an offer to work in their Enterprise Collaboration team. MSFT looked at the visa mess I was in and offered me to work in Vancouver. I get my Canadian GC in 6 months and my wife can work from day one. I am abandoning my US dream for good;guess I would be satisfied with touching my 4 year old son's American passport.

    I worked for a canadian company in US and now would be working for a US company in Canada. This is globalization. True Globalization. Any for those whiners belonging to IEEE and its propoganda machine, I would like to mention that I drew salries which were above way above the norm. I am sure I would be drawing more than 2 of his programmers combined. Ron- ask your folks to learn to compete and update their skills. They probably studied studied 'history of mathematics' as a math subject in high school instead of calculus. They were happy that they had the coolest Nintendo games while many like me were burning the midnight old figuring out data structures at Berkeley.

    I hope Berney Sanders and his club of the CIR days are hearing the developments. Berney, fix the broken education system for job protection rather than building fences to prevent legal workers to come to this gifted country. More companies will leave for nearshore if the mess continues. Fix the system by closing the H1B loopholes that a small percentage of companies are exploiting. Don't bad mouth the H1B system which has given you so much talent that you could have never groomed, the talented individuals who have contributed to the society, social security system and what not. Patch the holes in the fence, do not erect a higher fence for which people need to pay $ 5000 to cross. And by the way if you have the inclination and the time- fix the broken LEGAL High Skilled immigration system.



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