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Wednesday, June 29, 2011

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  • gbof
    09-15 09:51 AM
    I was among the very first to predict forward movement of EB2 (8 months back when most of the information available suggested no movement). Looking at September approvals i will see there will be very few cases pending from 2002-2004 for EB2 (those pending will be cleared in next few months since PD will stay current).

    My estimate is that

    EB2-India pending applications with PD older than Dec-2004 no more than 2000.
    EB2 India had used 8000-10000 visa in 2009 (5000-7000 in Sept 2009 alone)


    Holding following assumptions we will see more forward movement in coming months and whole of 2010 fiscal year.

    Slow improvement in economy (fewer new applications from EB2-ROW and EB1)
    PERM applications stay stuck (as they are very few approvals in last 12 months)
    CIS is force to allocate visa every quarter (leading to large spill-over)
    Fewer EB3 to EB2 porting


    CIS has prudently processed most old cases (pending for name-checks) and also pre-adjucated most cases filled in 2007-2008. So if they have visa numbers pending we should see big movment in Dec 2009 Visa Bulletin. This movement could cover all EB2-I 2005 cases in next two quarters (by March 2010). How explained below

    EB2 gets 10K visa each quarter (28.6% of 140,000 divide by 4)
    EB1 gets 10K visa each quarter (28.6% of 140,000 divide by 4)

    Assuming 3k spillover from (EB1/EB4/EB5 to EB2) => EB2 will get 13K visa
    EB2 ROW uses 7K (700 India, 700 China, +5k others) - there are 6K visa to allocated by Dec 2009 and 12K by March 2010 which will be given to EB2-India.

    BEC LCA applicants in 2005 estimate (EB2 India) = 2000 => 4400
    PERM applicants in 2005 (7276 of this 40% are Indian and 60% from EB2 ) -> 1750 LCA
    1100 LCA => 3850 GC

    Total pending I-485 in 2005 (EB2 India) ~ 8000

    This would mean PD will cross 2005 in next 2 quarters. I have pesimetic estimates so it will not surprise me it the dates move more rapidly.

    I know a lot many people filed duplicate AOS (like one spouse primary and the other derivative on each other petition). Now after approval of one, have to withdraw 2nd petition. This will further reduce the pending AOS numbers and will help moving the dates forward...





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  • ivar
    01-13 04:34 PM
    Most important of all There are people (Legal) immigrants who have bought house recently and will have to sell adding more pain to the real estate market.

    AILA should. I heard a lots of para legal staffs are already lost their jobs. Because there were less H1, and GC filings. Actually there is a huge economy based on immigration. If USCIS just changes the rules as they want that would affect lots of US citizens not just few immigrants.

    Lets see which businesses/people are making money out of immigration related activities.
    1) Attorney
    2) Paralegal staff
    3) Shipping guys (usps, fedex, etc)
    4) Airlines (because immigrant workers has to visit their home country periodically)
    5) Consulate
    6) USCIS
    7) Contractors in USCIS
    8) Port of Entry/customs staffs
    9) Notaries
    10) Doctors/hospitals for getting medical clearance for 485, etc
    11) Passport photo shops
    12) Airport staffs
    13) ....





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  • Alabaman
    05-10 05:25 PM
    Dont also forget that the points you need to make for the Canadian system is reviewed periodically. It can go up or down based on the need for skilled immigrants. This way they control the numbers.Then, live in Canada as a PR for 3 years and you are citizen. That is what I call a defined PATH. Something you can work towards... it also serve as an incentive for not towing the illegal route!!

    Live responsibly and legally in the United States for 15 years you can still be "kicked out"...employer petition is bondage my friend... There should be an earned path towards AT THE LEAST permanent residency, if not citizenship. Why would most people bother if it is almost impossible to achieve this through a legal path??? Easy solution? FRAUD!





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  • eastindia
    01-25 02:45 PM
    Making Sure H-1Bs Actually Work for Their "Employers" | Center for Immigration Studies (http://www.cis.org/miano/h1bjobshops)

    Making Sure H-1Bs Actually Work for Their "Employers"
    By John Miano, January 21, 2010



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  • bestin
    02-13 05:43 AM
    Agreed dude.

    But the system is totally messed up and we cant have an overnight change .Even if they initiate something now by the time it gets actually implemented it shuld be more than 1 year.If nothing works out within atleast 1.5 years to 2 years this should be definitely considered.





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  • sparklinks
    09-14 07:14 PM
    Hello and Thanks for the Services... My question is.... My wife got H1 until 2010(Visa on PP too) but she is working for different Employer on EAD. Now she wants to travel to India and come back on H1, is this possible? We applied of AP, but I don't think so it will come before Nov 15th.. please advice. Thanks !!



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  • mallu
    02-13 02:13 PM
    I am eating 3 times a day and looking for the fourth meal. Meanwhile there is a bunch hanging around the kitchen looking for atleast 1 meal a day. The food supply is limited. If i join with those , i might be in a situation of 2 meals a day. Even though justice is done with respect to whole lot, there was some injustice to me. What is then the incentive to work with IV ? Wasn't that the tone of question ?





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  • jetflyer
    01-14 11:13 AM
    This is first attempt, if goes smooth, next will be EAD, then I-485 approvals and then EB Based GCs when you go for USC.
    It is not a good news for any of our member regardless of their status.

    So far Employee-Employer relationship been the hardest part to define because it requires lot of flexibility and that's the nature of business.


    This indeed is a very bad news. It looks to me that someone is frying a bigger fish here...

    If antis target the areas of immigration that are no "well defined" so far (H1b rules is one example, another could be AC21 same or similar job and yet another could be "permanent job" after greencard), it could create a lot of problems and may even practically shut down all legal immigration.

    This will only increat outsourcing and actually hurt US economy and jobs...too bad that "blinded" politicians do not recognize this.



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  • user_1980
    09-21 12:19 AM
    I'm about to transfer my H1. I have recent paystubs - Problem is that Paystub shows gap between pay date and pay period (around 7 weeks from pay period)..And, yeah I was in status all the time.

    will this paystub cause any problem while transfering H1-B to another employer?

    Please advice.

    Thanks,





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  • samay
    08-25 02:55 PM
    Dear Immigration Attorney,

    Can I out of US with old AP and returned with new (renewed) AP?

    You don't need to show the AP at the time you leave the country.



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  • paskal
    07-17 12:58 PM
    Is it accurate to say that new way of allocating spill over visas effectively acheive same effect as eliminiating country limits?

    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.





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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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  • kumarc123
    07-25 10:19 AM
    I doubt it whether he knows about the USCIS has changed the spill overs to horizontal fall outs and due to that the number of visas added to EB2 India/China. The horizontal spill over is giving a greatest adventage to EB2 India and making it run to catch up CURRENT. I see in the link http://www.immigration-information.com/forums/showthread.php?t=5456&page=8 , in one post he is predicting " I expect to see substantial worldwide EB3 movement during the next fiscal year." . But its not true because the EB3 world wide wont have many visas as before from now on. The EB3 world wide will move based on the 7% quota but not more than that.

    Well I agree with you and some other members. Most of these lawyers don't know crap what they are talking about. I have my white lawyer, so far the experience has been good with him, but when I asked about the current dates, he was quiet perplexed.

    The fact is , no one has done calculation like we IV members, also in Ron's post nothing was mentioned about horizontal or vertical movement. All the comments made by this lawyer are more on subjective and speculative lines.

    Ron Gotcher is simply doing a guess work here,

    It's reverse psychology, create a little tension among applicants, and the lawyers will get more clients for answers. Believe it or not, IV has affected a lot lawyers business, as now members here are more educated in filling up different forms themselves. Somehow I feel, even a firm like Murthy law looks up to IV for latest updates.





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  • alisa
    02-15 02:13 AM
    How would letting "people" know that there is a problem help? The only people that matter are politicians.

    I dont' mean people in general. I mean people like you and I.
    Average Joe is probably not googling 'retrogression' as he enjoys his baby back ribs.
    People like you and I are.

    It would increase membership. Which would increase funding. Which would enable us to lobby more. Which will have a greater chance of success.

    From Einstein's famous equation:

    membership+funding+lobbying+patience = chance of success
    Anything else = Absolute failure.



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  • RandyK
    05-01 02:46 PM
    Dude,

    DO NOT bring politics into this forum.

    LTTE is a terrorist organization banned all over the world, first by India and US.

    If you go read about the situation on the UN site you will find out that the civilians are held hostage by the LTTE and that is the main reason for the civilians to be in this situation.

    If you want to see what LTTE is doing to their OWN people click on the link below and click on the link on the right hand side on top. You will see like 20 LTTE terrorists shooting at like 5000 tamils trying to escape from them. This was taken from a UAV of the SL Gov like a week ago.

    http://www.defence.lk/hm/hm.asp





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  • richana
    07-30 06:59 PM
    Thanks Thampi, people let us post some more avoidance techniques to be used subtle or not, this is a scourge we need to get rid of.



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  • okuzmin
    07-13 05:18 PM
    Okuzmin,

    All I meant was - TN is again just a visa after all and is just another version of the H1B hell. You ought to do better than just working for some one to pursue your American Dream right? What use it is to keep looking for an employer, extending your visas - is that not just a glorified version of H1B? True freedom is when you could quit an ass of any employer and come back home with your head held high :)

    To qualify for TN status you need to become a Canadian citizen first, and that's what I'm going to do. It'll take about 4 years, maybe a little longer (3 year cumulative presence over the last 4 years + bureaucratic process of switching from PR to citizenship). With my Canadian passport I'll have many more options than with my current one. Working in TN status in the USA is just one of these options. It's mostly appealing to those who can get a better paying job in the USA. If I'm not happy with that job, I can always go back home -- to Canada.

    Your concept of "true freedom" is rather limited, if you think about it. :) To me true freedom is when you can choose on any given day what you want to do: work, travel, sleep all day, have fun, etc. It requires much more than having a green card or even a US citizenship.





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  • trramesh
    06-01 02:09 PM
    Guys,

    I have been working here for 9 years and next year we plan to return back to India. I spoke to SSN customer service to find out my retirement and survivor benefits. Being an Indian citizen, all these are available only if me, or my dependants, have a valid residing status with the US, at the time of making the application. The contribution at this point is like getting a right to work. This is outrageous.

    We all have been legally invited into this country for a work, and that means the US gov should protect our legal and fair interests. It is universally true that everyone works to protect his family. Now here is a case, where I have no right to my retirement money just because I dont have a legal resident status. Whose fault is this. I already made the application 6 years ago. If my home country does not have the comparable SSN structure, then return the money back? We will pay the taxes and take the money back. Our kids need it.

    I dont know what is the appropriate channel to get this fixed. This appears more like human rights violation, or abuse. I am sure there are many in this forum who are in the same boat as I am. Can someone team up with me to do more research or share your discoveries.

    To the US, this is what I got to say:
    =======================
    If you want to protect the jobs for your people, please do it. You have every right. But please dont dump the people you officially invited to augument the workforce of your country into the waters. Before you bring in additional workers to support your companies, do necessary corrections in your immigration policies to let them in only with green card. Dont strangulate their careers. Your existing policies have been burning the aspirations and careers of a lot of innocent people from India and China.

    To those innocent legal foreign workers that have already gathered 40 points in SS, you owe them. They deserve citizenship, not green card. I know it is jumping across multitude of issues, but is it not fair.





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  • dealsnet
    09-04 12:26 PM
    If this is true, it is serious. If a donors information is compromised, it is like selling the credit card info the cheats. It is high time to clear bad elements from IV.


    Yup, it is a religious fanatic. Also it must be an insider.
    I am still wondering how the full name of "Jayapaul Reddy Vadicherla" is known.
    One thing is that the Vadicherla is a Donor and must have given all his details while donating. The insider have access to this information and posted it.

    _TrueFact, can you post my full name?





    kumar1
    07-10 10:34 PM
    I forgot to mention something - If you have worked here for 7-8 years, do not go home till you complete 10 years and accumulate 40 points in Social Security System. Once you have 40 points accumulated, you are entitled to get your money after the age of 65. I have spent 7 years and I have 28 points in the system. May be that's why H1-B was only given 6 years, you pay Social Security, Medicare and get nothing but a thank you from both the systems. I will make sure that I get 40 points and then only I will make a move. And yes, whether you are Indian/Pakistani/Polish.......does not matter, you accumulate 40 points, you will get the benifit. If you do not believe me, go to http://www.ssa.gov/immigration/

    Guys, let me know if you feel otherwise.





    JazzByTheBay
    12-13 09:09 PM
    Probably the best argument I've read all day, and your take on it makes a lot more sense - great for a sanity check! :)

    cheers!
    jazz

    As you use the phrase Check Mate....

    Chess is all about thinking strategically several moves ahead.
    Given the current political climate on immigration I think that we will be in a check mate position (on the loosing end) if we pursue that road.

    The anti's would be all over us as soon as we filed in federal district court probably even before a hearing, and definitely after a hearing. If we lost in lower courts the Supreme Court would probably refuse to hear the appeal, in the mean time we'd have just stirred up the anti's hornets nest against us, just as much if not worse than against the illegals.

    Asking Congress to make small changes in the existing laws annoys the anti's. Telling them or forcing them to wholesale rewrite their laws would make us public enemy #1. We would be lucky to have more than a handful of law makers willing to stand up for us. It would kill off all lobbying ability.

    Think of lobbying as polite negotiation.
    Think of Supreme court case as picking a fist fight, in which we are badly out numbered.
    Once you have started a fist fight it is much harder to negotiate, especially from a loosing position.


    I would rather negotiate than fight, I would rather lobby than court challenge.

    So yes, check mate, if we follow this route.
    Alternatively, a British phase: Royally screwed!