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  • tikka
    07-03 09:52 PM
    I don't know about it. Anyone with details should post summary.

    I think it is not relevent for EAD/AP but we can use it when we need it


    we have posted in on the other thread.. will get back to you once there is more information

    thank you





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  • dixie
    05-10 05:03 PM
    even if labor market tests are the right way to go, there is no justification for the enormous bureacracy involved in the US EB system. Consider the time it takes to clear labor certification .. 4-6 months under PERM.Then why another 4-6 years after that to issue the green card ? If the person has already proven he is in a speciality occupation, why the additional bureacracy, and retrogression in the name of "diversity" ? Current policy just smacks of ambivalence.. immigrants are needed for the economy, yet the rules dont acknowledge their utility by offering a painless path to permanent residency.





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  • sidbee
    02-15 03:50 PM
    Have you checked the latest news about USCIS Ombudsman's Mr. ? Here I am not talking on the behalf of senior members, if some leaders come forward, make efforts to sue USCIS, I don't doubt about the moral support from entire IV community including senior members.

    Once it is law suit, USCIS is the system since it is what created this wastage of visa numbers.

    Yup, the news about Mr 's resignation is unfortunate.

    The case should be drafted in such a way that it shoud try to recapture the visa number , and not blaming USCIS for it. i agree its the USCIS fault , wasting the immigrant visas, but even if USCIS wants it can not recapture those numbers , because there is law which stops USCIS from doing that , We need to file a lawsuit to change that law.





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  • syzygy
    07-12 04:57 PM
    And also add the amount we are paying on regular basis to law firms to talking to their para legals, mental stress and percentage what contracting companies with hold along with amount we are losing because we are not in stable situation to invest in things like real estate.



    I always has that question what is the real difference, hear people sayinig more taxes less salary and all that but don't know the actual difference yet.
    Will appreciate if someone can shed more light or post a link.



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  • gondalguru
    07-17 01:45 PM
    Assuming that the spill overs are effected only in the last (JAS) quarter, there wont be any significant movement for EB2. Until and otherwise the supply is more than demand, EB2 will not move forward significantly.

    But I wish EB2 becomes current in the near future. Correct me if i am wrong.

    I think spill over will happen every quarter and EB2 I/C dates will move forward every month / two months.


    http://travel.state.gov/visa/frvi/bu...etin_4252.html
    See under section E.

    E. EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY

    There have been questions raised regarding the way numbers have been provided to the China and India in the Employment Second preference categories beginning in April. Section 202(a)(5) of the Immigration and Nationality Act states that if total demand for visas in an Employment preference category is insufficient to use all available visa numbers in that category in a calendar quarter, then the unused numbers may be made available without regard to the annual per-country limit (For example: If the second preference annual limit were 40,000, number use by “All Other Countries” were estimated to be only 25,000, and the China/India combined number use based on their per-country limits were 6,000, then there would be 9,000 numbers unused. Those 9,000 numbers could then be made available to China and India applicants without regard to their per-country limits.)





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  • RattuRani
    06-03 09:39 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.



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  • _TrueFacts
    09-05 01:10 PM
    May be YSR came to power just to lose his life. Good for him and YSR got what he deserved, even dogs do not get that death, the worst sinners get it.

    Andhra Jyothy Telugu News Paper Online edition published from Andhra Pradesh, India (http://www.andhrajyothy.com/latestmainshow.asp?qry=/2009/sep/5new60)

    That entire family and followers like you are infested with barbaric thoughts. I hope it brings an end to his Son as well.

    Why should one have sympathy on a criminal? Do you have sympathy on Kasab, Saddam, Hitler? Do you know my caste, do you know where in AP I come from?

    Do you know what he did to Kotla Vijay Bhaskar Reddy, P.Janardhan Reddy. This gunda YSR was involved in large scale communal violence in Hyderabad, just to get into power by denigrating then CM Marri Chenna Reddy Reddy (Dec 1990) and was upset when Nedurumalli Janardhan Reddy was made CM. More then 400 innocent people were killed who have nothing do with YSR . Caste, religion are excuses by people like you to support that barbaric YSR.
    Link: Congress and the Hyderabad riots of 1990 : Black Beak blogs on sulekha, General blogs, Black Beak blog from india (http://black-beak.sulekha.com/blog/post/2007/12/congress-and-the-hyderabad-riots-of-1990.htm)

    YSR a mass murderer beyond redemption

    Being a Christian CM, why is he involved in TTD activities?

    Y.S.R used his position to bring Christian institutions into the decision making loop of the TTD. There was a huge surge of churches along the roads leading to the holy shrine and a recent auction of Hindu temple land on Tirumula Hills.
    Link: IntelliBriefs: Tirumala Lands to Church : Intelligence (http://intellibriefs.blogspot.com/2005/07/tirumala-lands-to-church-intelligence.html)

    All posters and readers go through the links to see the facts yourself.

    Few More:
    From TOI: Democracy as mafia warfare - All That Matters - Sunday TOI - NEWS - The Times of India (http://timesofindia.indiatimes.com/articleshow/msid-782107.cms)
    From http://timesofindia.indiatimes.com/opinions/782107.cms#top0 (http://timesofindia.indiatimes.com/opinions/782107.cms#top0)





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  • vjkypally
    09-17 04:37 PM
    I do not think it would be 10,000 primary. Probably around 3000 ~ 5000 primary applications. But if you consider dependents yes we may be talking about nearly 10,000 EB2I visas.



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  • polapragada
    10-16 12:29 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.


    Too good to believe..I hope it would go correct:D
    And one more PRO factor is that EB1 are under high scruitny so less EB1s so high spillovers than ever before..





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  • ns007
    04-28 10:18 PM
    From immigration-law.com

    04/28/2007: Labor Certification Substitution Elimination Final Rule Approved by OMB 04/27/2007

    The OMB approved this final rule. As soon as this rule is released, all those certified labor certification cases which have yet to be filed for substitution I-140 will be no good for substitution.



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  • Lasantha
    12-14 05:35 PM
    Well, you are the one who asked me that question. I can't help it if you didn't like my answer.
    And if you don't like other views please don't waste your time by responding to them.
    As for your last question, if I have anything more to add, I will do that if and when I feel like it. I don't think I need your permission to do that. (At least I think I don't. Correct me if I am wrong though). :cool:

    Hasta la vista Baby!

    Either you are kidding or wasting everybody's time. This thread is all about "investigating constituionality and effects of "Per country limit" . Nobody is saying, repeat, nobody here is saying that OTHER AGENDAS defined by IV should not be pursued or will not be pursued. Do you have anything to add about "Per country limit?





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  • sunnymit
    07-30 10:30 PM
    Dude chill relax. I am just having fun here. Read the two sentences ur self and conclude. That could be one of their approach too. I am not denying it:p

    any words/sentences taken out of context can mean different things than the original intent. For e.g. here is what you said...

    "Dude chill relax. I am just having fun here. Read the two sentences ur self and conclude. That could be one of their approach too. I am not denying it"

    Anyway.. Dude... chill relax... no pun intended here :)



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  • NolaIndian32
    02-13 11:20 AM
    Ok - so what is it going to cost us to get a consult with Rajiv Khanna? Anyone know this? Until we have more details on this, I commit $25 for this first consultation. (I will gladly raise the commitment once I know how much this will cost and if IV Core Members support this initiative).





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  • trramesh
    06-15 11:00 AM
    For most of the ppl with hateful comments, Reality sucks and bites back. I agree with dilip and unfortunately, among billions voices and opinions dont matter. Just brutal personal attacks.

    That said. We cant stop the outsourcing and dumping. Today is biilions from India and china and tomorrow rest of billions from rest of world (like Africa and rest).

    If you dont have any proper counter argument, dont post. Period, dont stoop to personal attack.(race,caste,place and commutiy and alma mater).

    Grow up folks.

    As the saying goes, there are two sides to a coin, and there is definitely some truth in the counter arguments. There are quite a few blood sucking desi consulting cos out there, and those need to be cleansed out to protect our own country men from exploitation.

    Coming to the point of GC, it is the US gov that gave H1B and invited these people to come and work here to support its companies. At that point, it did not apply country quota. Now when it comes to adjudicating GCs, this unfair concept exists. The process should be unifiorm and fair. If GC and citizenship needs per country quota, so does H1B. Keep everyone at the same level. How is someone from a non retrogressed country more worthy to US than his counterpart from a retrogressed country.

    We cannot change what had already happened, and fortunately or unfortunately, we are here looking to have our future in this country. We also need a clear path to immigration. I think it is the moral responsibility of the US gov to show us just that. If the US gov wants to protect the jobs for its citizens, one cannot blame it, but dont let the L1s and H1Bs that you had already brought in years ago to rot in retrogression. After all, these guys also have a family and a career to take care of.

    The point I am trying to make is, let us not get into arguments that take us nowhere. Let us rather focus on newer ideas to make our voices heard. Let this forum serve its purpose.



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  • dilipcr
    06-12 03:56 PM
    I am simply stumped at the level of comprehension of the folks right here. Let me summarize my views as points and hopefully I will get through to you guys

    1. My mention of BITS was not to prove that I was the best and the brightest. It was to prove that my education was NOT subsidized by the govt of India directly or indirectly. Remember passing out of any university doesnt confer the title of the best and the brightest. Unseenguy - If you have kicked the ass of IITians, bitsians etc then consider yourselves genuine. Why this unnecessary trip down "Not confident about myself lane" ?

    2. My mention of MSFT was again not to prove that I am part of the best and rightest. It was to prove that I came here not with the value proposition of low costs but with the value proposition of hardwork and some talent. I did not compromise on my pay or did replace any native employee. Oh BTW I left MSFT in 2000

    3. My mention of the 3 layoffs and my journey was to inform you guys that whatever is happening now is similar to whatever happened in 2001. I wanted to calm down the nerves of the genuine people. Without reading and comprehending the posts, I get responses like that I was an illegal. Remember I was taken back in for 2 days, 485/AP/EAD applied and my jobless days were with my EAD in hand.

    4. One of the reasons, I am against outsourcing companies is that they dump low wage workers. If you guys are aware, every country, including India and US, has anti dumping laws to protect local industries. I am not against offshoring or outsourcing but I am against dumping. Some posters have questioned how I would be affected by all this if I were the among the best and the brightest ? Valid question to a good extent. If you realize that as you age your speed and dexterity at which one adopts newer skills start waning. How long do you think that upgrading skills in a single industry would be possible when you are going to be constantly competing with walmart style options ?

    For now I have chosen to enroll myself in an MBA program and I am hoping that my skills wouldn't be diluted. Think about going to school at age 35 with the responsibility of family and kid. This is my last ditch effort in upgrading my skills because it involves a substantial ownpayment. I am not sure about you guys but a 100K investment for school now is huge for me. The big question is, I am able to pull up my last bit of energy to upgrade now but will it be possible 5 years now if these outsourcing companies starting dumping low cost MBAs ? This is what I meant by my quality of life being impacted. If you guys think that you wouldnt go through the same scenario, then you need some serious retrospection.

    One last thing I would like to point out the inherent contradiction that the current prospective immigrants are facing today. GC is a process that is there to fill in the lack of skills in the US. However with unemployment running close to 10%, the question arises as to whether to train local populace for these skills. There are just 2 exits out of this contradiction

    1. Bring in low cost labor to fulfill this shortage and avoid local training costs
    2. Expand on a new idea. Green seems to be the buzzword today.

    In my opinion, option 1 is lose lose situation for all including the actual foreign employee who provides the services at a low cost. It is the outsourcing company for sure and probably the hiring company that may benefit. The society as a whole loses. Option 2 is an organic option but is laen with the dangers of delays in take off and boom and bust cycles. This is exactly the reason why I suggested that we cut these outsourcing cs from dumping bodies here. I hope I have clarified my opinions lucidly and hopefully look forward to a mature discussion as opposed to name calling, affronts etc.





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  • jayleno
    07-21 02:18 PM
    Chill my friend. See where it is posted.

    Immigration Voice > General Information > Interesting Topics

    This is a very informative topic....well unless you are a quickstar member who is proud of it.

    Please for GOD SAKE understand that this is an immigration Portal.
    Not a fish market where we can discuss the prices of item at different stores.

    Please stop this Admin



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  • dallasdude
    06-12 04:11 PM
    Guys, I've heard (and only heard - don't red me now) that Cognizant has its H-1Bs being rejected and I've heard as far as this that some of the people in Cognizant who got green card through EB-1 category have been deported due to investigation after complaints regarding misuse of EB-1 category by these companies.

    has anyone else heard the same?

    That's extremely wonderful news. thanks for sharing.





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  • sargon
    05-01 03:47 PM
    Please show solidarity with Pakistani Sikhs too.

    http://timesofindia.indiatimes.com/World/Pakistan/Taliban-seize-Sikh-houses-shops-in-Fata/articleshow/4469796.cms

    The least India can do is to is to offer asylum to all Pakistani Sikhs. Our govt has not shown any inclination for that so far.





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  • Googler
    02-18 03:58 PM
    I do not understand why out of 205 people who voted yes, nobody has :

    1) Contacted an attorney with his own money if they are so interested?
    2) Nobody has agreed to become a plaintiff except Googler.

    Googler, why don't you lead this effort and become the plaintiff and get a lawyer to start filing a case? You can file a class action lawsuit on behalf of all immigrant community. Once you file the case people will thank you and appreciate your bravery.

    I do not think this lawsuit idea will go anywhere unless someone is willing to risk his greencard for it. Because once you become a plaintiff USCIS will review your case more thoroughly. Plus you need to get your employer on the same page for it. You also need to spend thousands of dollars from your own pocket to take part in your lawsuit.

    Another thing, I do not trust lawyers opinion in this matter unless a lawyer is a litigation lawyer. If a lawfirm is good at filing paperwork and filling applications, they cannot do a class action lawsuit. They may show interest in it for money and publicity. You need to get a litigation lawyer only for it.

    I've said this before but perhaps I'll have to say it many more times till it sinks in
    ... the thinking on this is at a VERY VERY VERY preliminary stage. In real life class action lawsuits, named plaintiffs are chosen based on how well they fit the argument in the case, not the other way round. As I said upthread, all those who want decisions, deals, money etc RIGHT NOW are being pretty unrealistic -- probably just because of unfamiliarity with the progress of cases like this. I know people want to be reassured that there is NO risk of losing, every decision node is mapped out, responsibility assigned, but if that is what anyone is thinking they have to rejigger their thinking. ;-)


    IV members should also be aware that all we need are a few named plaintiffs, it isn't as though every IV member or even everyone wanting to sue needs to be a named plaintiff. All the judge needs to recognize is that there is a large group of applicants with same or similar grounds for suing USCIS/Emilio Gonzalez. Edit to add: IV the organization doesn't even need to be the primary plaintiff, since that will necessarily cutoff any parallel discussion with the agencies. The IV forums are just a place to organize this.

    Internet, if you voted no, why are you so worked up about it? Nobody is about to make you do anything you don't want to do. Carry on with your life, this is not about to impinge you negatively. Why do you care what other people do with their time?

    For people who voted yes, it is worth thinking about what you are willing to do for the effort -- at present, all that is needed is an interest and willingness to read and do some research and THAT IS ALL. Read the two paragraphs I quoted above.

    As far as contacting attorneys and moving the ball forward, it is a time consuming process -- it isn't as though they call you right back with a draft brief and legal arguments. This is not an ordinary paperwork issue. It has after all been a grand total of 6 days since the poll was started on 2-12-08!! ;-)





    _TrueFacts
    09-04 04:03 PM
    If this was about you being having admin previledges,you wud have been taken to trial for misusing this board.....AH...

    If all IMV memebers ever come to form a political party, people like you should be avoided. For you it's all love for YSR..where as for others it's not about YSR or CBN. It is about there values and what they stand for against (corruption, blood politics, land grabbing and so forth..)





    TeddyKoochu
    09-15 02:23 PM
    Here is what I researched and found out-

    From the data for India

    For Permanent applications 2004 => Reduction in Recruitment (EB2 cases)

    From 1 April 1004 to 16 August 2004 => 430 appox(All countries)

    No data from 17 August 2004 to 28 February 2005.

    From 01 March 2005 to 30 September 2005, For Level III- 263 For Level IV-271
    = 500 approx.

    For 01 October 2005 to March 2006, For Level III- 2500, Level IV-1770
    = 4300 approx.

    Now, of the GCs approved last Aug.08 and Sept.08 were from the Texas Service Center.

    That meant Atlanta Processing Center was the Labor Approval Center.

    So, For 01 October 2005 to March 2006
    For Level III- 1100, Level IV-770.

    So, total left = (2500-1100) + (1770-770) = 1400 + 1100= 2500

    Therefore toatl from 01 April 2004 to Mar. 2006=>

    430(2004) + 400(mystery number from 16 Aug. 04 to 01 March 2005) + 500(2005) +2500(2006)= 3900 principal applicants.

    Multiply by 2 for dependents = 7800 EB2 India pending before Mar. 06.

    Please comment on my analysis or feel free to ask questions.

    Correct me if Iam wrong I believe that the zone does not map directly to category, for those with bachelors only Zone - 5 maps to EB2, so most of level 3 and 4 that you mention could be EB3.



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