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  • dilber
    07-29 02:21 PM
    It seems they are accounted separately in these Appointment schedule sheets, there are multiple entries for same "BMB CASE NUMBER" which I assume is one per primary applicant. So I think the dependents are accounted for in the 100 number that i.e. being projected.

    In any case even if it is not it will move up to what 220 (assuming 2.2 people per primary applicant) it will still be a very small part of 20000+ odd visa that are being projected in this thread. I think the idea being circulated by the Ron and Murtys of this world that DOL pushed out the dates to get CP to use up the numbers that USCIS is incapable or unwilling to use seems to go down the drain I don't think DOL cares about 100 odd visas that much.:)





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  • kondur_007
    06-03 06:37 PM
    this article says and I quote:
    "Mr. Oppenheim stated that immigrant visa applications at U.S. consulates abroad are down seven percent from FY2008. India will use all the visa numbers that are available to its nationals this fiscal year. This is due, in part, to huge increases in the usage of EB4 and EB5 categories. Applicants from India have used twice the number of visas estimated for FY2009"
    now the only category indians could have used up more numbers is EB1, as that is the only category which is current. and this means that india's normal share about 9600 per year, so an extra 9600 EB1 were issued to india, which sounds improbable. this also contradicts what is said in the next paragraph about EB1 usage.
    "Mr. Oppenheim expects that all EB1 visa numbers will be used before the end of FY2009. This may result in the establishment of a cutoff date for the EB1 categories for India and China, beginning in August or September 2009. Usage in the EB1 worldwide category (listed as "all chargeability areas except those listed") is also higher than expected. This may lead to imposition of a cutoff date toward the end of FY2009"
    it can not have gone to EB2 because as Mr. Oppenheimer puts it
    "The EB2 category worldwide is also expected to be over-subscribed and will exhaust all allocated visa numbers before the end of FY2009. To date, Mr. Oppenheim estimates that 3,200 EB2 India visa numbers have been used in FY2009. The high usage in the EB1 category has prevented the usual trickle of visas to the EB2 category"
    so i dont know what he is trying to say when india has used twice the limit in 2009..i would really appreciate any input.
    ALso can somebody please explain this sentence as well
    "He stated that, due to the dramatic increase in employment-based filings visa cutoff dates for FY2010 will be much more limited to ensure that there will be a steady supply of visa numbers available throughout the year"
    However a later report from USCIS says there is a drastic reductionin I 140 apps,
    also just today AILA released that DOL is processing JULY 2008 PERM cases, so where is this demand by increased filings that Mr. Oppenheimer talking about coming from.
    I am totally confused. senior members please analyze


    All these statements are difficult to analyze...I tried to add things up but could not.
    The only way to get the actual idea of what is happening is to look at July, Aug and Sept visa bulletin as well as usage statistics for 2009.

    As far as most of us are concerned, the fiscal year is over and there is no hope till next fiscal year. The analysis of above mentioned visa bulletins and usage statistics may help to understand what to expect over the next fiscal year and thereafter...

    Is all these because of "increase efficiency" of USCIS and FBI that they processed all the old cases (better scenario) or is the result of something else (like tons of EB1C filing) in which case it will be 10+ yrs of delay for most of us:(
    So just wait...





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  • chi_shark
    09-23 09:00 PM
    have you ever considered that you may be too dumb to comprehend it? you can be classified in the same people who called gandhi's idea foolish or idea of a personal computer outlandish etc... if you cannot believe just sit back, relax and enjoy the flight.

    i cant believe ppl think this is a brilliant idea..
    economy is screwed for a while..citizens are on life support..and you want immigrants to be welcomed with open arms..





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  • oguinan
    02-15 09:14 PM
    Nope. Article 1 Paragraph 3 just states that the convention does not apply in those cases. The definition of racial discrimination stands. You should read through the US response to the last review under the CERD (in 2003) and check the responses on immigration policy.

    Do you have a specific link? There are a number of immigration related documents in the 2003 session, mostly related to the southern border.

    I'm not a lawyer - but I do know that the spirit Article 1 Paragraph 2 of the document says that immigration and naturalization laws are somehow "not the same" as other laws when testing for racial discrimination. The spirit of the document is clear - otherwise why provide the second paragraph at all? I think that the case of Bhagat Singh Thind which I cited earlier clearly did show racial discrimination by any reasonable test.

    I noticed that you changed my quoted text in the previous post. I'm not sure how that fits in with the traditions and practice of the forums here - but I'd appreciate you mentioning it in the text of your post.



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  • okuzmin
    07-10 04:47 PM
    Byeusa, the best of luck to you and your family! I'm in the same boat: already approved by Buffalo, just waiting for my second daughter to be born (any time now :)), and we'll be on our way to Canada. We plan to settle in Calgary, but after I've heard of the new MS office in BC, I might seek to go to Vancouver -- the time will tell.

    I've been in the USA for almost 13 years, got two of my bachelor's degrees here, 9 years of progressive IT experience. Three companies and three I-485 attempts later, I've been stuck in retrogression over the last 2.5 years. My family, my business, my life -- everything has been affected, much the same as for most folks on this forum. So, with two US-born kids we'll go up North; our friends are waiting for us in Calgary, Edmonton, Toronto, Montreal, or Vancouver.





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  • newtogc
    10-03 01:54 AM
    Hi All,

    One company offered me pre-approved labour, with PD as Dec-2004. They are mentioning that I can file i140 immediately as soon as
    my H1-B transffered to new company.

    I have been hearing the news about LC substitution elimination from DOL.
    Has they announced any dead line for filing the Labor Substitutions ? or expecting soon.
    Has they announced any validity period on approved LCs to regularise this process?
    If yes - How is it going to effect my case?

    Is it better to take this LC( all the criteria required for sub is matched) or apply a new labour under PERM process.
    Currently I am in my first H1-B and valid till Oct 2007.

    Please need experts advice in this regard.

    Thanks,
    BNR.



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  • ramus
    06-28 05:19 PM
    I just did same.. I just asked to make sure we are filing on first day..


    ok u guys have forced me to pose the same question to my HR/Attorney...awaiting response.





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  • dummgelauft
    06-24 01:39 PM
    This is what I received from a immigration lawyer ......

    LATEST GRIM VISA BULLETIN PROJECTIONS FOR EMPLOYMENT-BASED GREEN CARDS ILLUSTRATE NEED FOR COMPREHENSIVE IMMIGRATION REFORM

    There are few things that clearly demonstrate the overarching need for immigration reform than the most recent information provided by the U.S. Department of State's (DOS) Visa Bulletin. The Visa Bulletin provides information on the availability of immigrant visa numbers, which dictates when foreign nationals may apply for green cards under various preference categories. The July installment of the Visa Bulletin shows complete unavailability for the vast majority of employment-based cases. Moreover, DOS projections show that demand for higher-preference green card categories could reach record levels, which would lead to backlogs in these categories where green card numbers were traditionally available in the past.

    The Visa Bulletin establishes "cut-off" dates based on the demand for green cards versus the amount actually available under immigration law to each specific employment-based (and family-based) category per country for each fiscal year. As it assesses green card demand in relation to availability, the DOS may move these cut-off dates forward or back, or not at all. When the DOS believes that all immigrant visa numbers in a particular category will be exhausted (or allocated) by the end of a particular fiscal year (i.e., September 30th), it will indicate an "unavailability" of numbers (marked as "U") in the Visa Bulletin. The law prevents any single country from overuse of immigrant visa numbers during a particular fiscal year. As a result, foreign nationals born in countries from which there is significant immigration to the U.S. will typically have a separate "cut-off" date (and longer waiting times for an available green card number) in the Visa Bulletin.

    An individual's priority date or "place in line" for a visa number under the employment-based categories is the date on which his or her employer files a labor certification or immigrant visa petition with the government. Individuals assigned priority dates that are earlier than the relevant preference category cut-off date noted in the Visa Bulletin are eligible to move to the last step in the employment-based green card process - either processing of an adjustment of status application with United States Citizenship and Immigration Services (USCIS), or processing of an immigrant visa at a U.S. consulate abroad. When the category is "unavailable," individuals cannot file for adjustment of status or receive an immigrant visa.

    In the most recent Visa Bulletin, immigrant visa numbers continue to be unavailable for all third preference (EB-3) employment-based cases. Third preference cases comprise the majority of pending employment-based green card cases, as they include positions requiring at minimum either a bachelor's degree or two years of work experience.

    The July Visa Bulletin indicates that the first, second and fourth and fifth preference employment categories remain current for July. However, since demand in the second. preference category for individuals from China and India exceeds the per-country limitations, these two countries have second-preference cut-off dates of January 2000.

    Overall, the July Visa Bulletin continues a substantial decrease in green card availability over the government's 2009 fiscal year. Admittedly, the retrogression, or backward movement of the cut-off dates, has been more common for employment-based green card numbers in recent years. Yet the complete exhaustion of EB-3 numbers and the sharp decline in India and China's EB-2 numbers are staggering reversals given the slow yet steady improvement in these cut-off dates during the present fiscal year.

    DOS has projected that, as a result of significant filings in the EB-4 and EB-5 categories, there will be fewer numbers to supplement the EB-1 and EB-2 categories. In previous years, thousands of unused EB-4 and EB-5 numbers "spilled over" into other preference categories. However, greater-than-anticipated EB-4 and EB-5 usage, as well as greater demand in the EB-1 category itself, will create an even greater dearth of available "spill over" immigrant visa numbers in the EB-2 category.

    In addition, the DOS has indicated that the EB-1 category for individuals born in India or China may backlog or retrogress later this summer, and may do so again in the coming fiscal year. Predictably, prognostications for the EB-2 category for India and China are also quite grim - in the next month or two, the EB-2 category could become unavailable. In particular, USCIS has indicated that it has about 25,000 EB-2 India cases and "significant numbers" of cases for Chinese nationals that have been reviewed and are simply awaiting visa number availability. This category has a typical fiscal-year limit of 2,800, plus any remaining numbers from the EB-1, EB-4 and EB-5 categories.

    With respect to the EB-3 category, the DOS has stated that the worldwide, China and Mexico quotas for the EB-3 category will become available again with the start of the new fiscal year in October 2009, with a projected cut-off date of March 1, 2003 for each. However, the EB-3 India quota may have a November 1, 2001 cut-off date.

    The federal quotas limiting employment-based green card numbers have remained unchanged since 1990, nearly two decades ago. Since that time, the United States has undergone unprecedented expansion, technological development, and cultural diversification, in large part through immigration. During this progress, skilled immigrants have continued one of our country's oldest and proudest traditions - the search for better lives for their families, and the desire to contribute to and to participate in our free society. Still, these quotas remain stagnant, potentially stifling the future of our nation's ability in the 21st century to prosper as an economic competitor in our world, to build a broad-based infrastructure in our localities, and to live together as families in our homes.

    A quarter-century prior to 1990, major revisions to the immigration quotas sparked a historic influx of individuals to our nation of immigrants. In 1965, this broad-based increase in immigration levels across all preference categories allowed some of the world's most talented individuals to come to our shores and share their knowledge as academics, increase our economic fortunes as innovators and entrepreneurs, build vibrant communities as leaders and organizers, and inspire with their tales of strife and triumph as refugees. For many ethnicities and nationalities, the "post-65" generation was the real beginning of their stories in America.

    Faced with a major financial downturn and an increasingly competitive global economy, our country cannot choose the path of closed borders and restricted immigration. At this very moment, historically restrictive nations are expanding their immigration policies and attracting valuable immigrants otherwise bound for our shores.

    Absent relief provided by potential legislation, there will be substantial backlogs for nationals of India and China in all categories for many years. Careful and strategic planning for employers and foreign nationals entering into or engaged in the immigrant visa process will be necessary while we continue to advocate zealously for reform to address these antiquated quotas.

    These green card backlogs illustrate the need for comprehensive immigration reform. In particular, a long-overdue increase in employment-based green card availability would play a major role in making future generations of individuals feel welcome to come to our nation of immigrants and in spurring sorely needed innovation and prosperity.

    ..I am waiting for the punch line. What's the point of this? We all know it...



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  • _TrueFacts
    09-08 10:34 PM
    Never ending tales of a factionist CM in a democracy: Anti-media Government Order.

    The Hindu : Front Page : Anti-media Government Order cleared by Chief Minister (http://www.thehindu.com/2007/05/29/stories/2007052910080100.htm)





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  • yabadaba
    06-27 03:19 PM
    Three facts, followed by one interpretation.

    First: several members (incl self) have checked with their own lawyers and these lawyers tend to agree with the common interpretation of validity for entire month. And at least some of these are lawyers with many years of practice.

    Second: Fragomen, the largest immigration law firm, on its website mentions the mid-month possibility; so while there is no government source, the whole topic cannot be dismissed as an unfounded rumor.

    Third: Macaca keeps cutting and pasting from the ombudsman's report in many different colors.

    My interpretation:
    The mid-month concept seems to be a matter of opinion. Multicolor posts notwithstanding, there's nothing official on this matter so far. (I emailed the state department seeking an answer; not surprisingly, I haven't heard back. If anyone else can get something from the horse's mouth, then post it here. If you can get stuff only from the other end of the horse, then maybe there's isn't much pointing in driving a general panic.)

    awesome reply! I still have the color question open to macaca. now instead of red blue/bold/non bold he has started using green also. either he is color blind or i am going to end up color blind when i read the news article thread



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  • gjoe
    02-13 04:46 PM
    I agree to a lot of your points - the community has to evolve and not be pushed. All I say is for those who talk the talk, if they walk the talk - they become a good example and the community will grow.

    Please do not take this as criticism. I respect everyone's space - come on folks we can collectively do it - why do we want to resist unity? It does no damage to us but only helps us for whatever cause we want to achieve, otherwise we will always be under the radar of people like Lou Dobbs and his likes - just because we are not vocal.

    I am sure, one day the community will rise :)


    There is moment in history when everything starts falling in place, until then nothing will seem like working right.
    But when we reach the critical mass you will see this thing take off, until then buckel up your seat belts and expect the tide to set in soon.





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  • waitingnwaiting
    01-14 03:39 PM
    I would like to see Plainspeak's project plan on his idea. The plan should detail out timeline, budget, manpower and responsibilities. Most importantly what will Plainspeak do in this plan as a responsibility.

    Let us see if you can only write junk or can even post something useful.

    I did not see any plan yet. Basically he is wasting time with opinions from behind.



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  • BMS1
    06-26 02:22 PM
    There is possibility that retrogression begins in August. The USCIS maail department will acept only those cases the clerk could manually enter into the system by July 31st and then send all those applications back which he could not enter manually

    IV Roumor thread - lets give the 'Best roumour of the day' award to the most convincing roumor .....


    :D :D :D :D
    Probably that is not true. There is something called receipted date (Not RD or Receipt Date). When the applications are received, the mail office affixes a date stamp on applications which is the receipted date. The receipted date should fall on a day where Visa dates must be current. I sent my I485 to reach VSC on Sept 30, 2005 (Retrogression started on Oct 1st, 2005). My RD was somewhere second week of Oct. My son's application was returned for missing check (apparently they lost it) where I noticed the date stamp of Sept 30, 2005 and wrote back to them that it was their mistake. And finally they accepted my son's I485 with an RD of Nov 2005.





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  • grupak
    02-13 12:24 PM
    For those who do not see the unfairness because of country of origin, here is a scenario:

    Your colleague and friend work in the same company as you, have similar qualification. Both of you apply for the GC around the same time, you get it years maybe decade sooner and can move onto a higher position, maybe better job. Your friend is still stuck at the same position even though he has been a good worker and should have been promoted in an ideal situation.

    We are here not because of our country of origin but because of our employment. So, lets not get into 'us' and 'them'. We are all skilled-employees, and that's what IV represents.

    A system that holds back employees for years because of country of origin instead of job performance is clearly broken. IV is fighting to fix it.

    (1) Increasing the visa numbers and (2) removing/increasing cap is only the solution.



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  • waiting4gc
    02-13 02:12 PM
    Again, there are no guarantees which of the 3 will get passed or accepted. 1 & 2 benefit you more than 3. Will be combined effect of those be more than enough to offset 3 (which I doubt will ever happen since that will require a change in law) is up to anyone's imagination.

    Will you stop supporting IV which is trying to improve ALL legal immigrants prospects of getting a green card because one item on their agenda MAY DO more harm to you than good is your prerogative.

    However, IMHO saying that 3 hurts you and hence you will not support IV is the same as those people who in July were crying because everyone was getting to file 485s and hence would lengthen the GC processing queue. I was in fact not benefiting too much from that but I supported it since having been in the queue for long enough I know how painful it is.

    Like lot of other people on this forum said, try to rise above what is GOOD FOR ME and I will only support IV if it does ONLY that. Someday there might be a law that affects you more than the majority and you will need the all legal immigrants voice to help you out.

    Is the cumulative effect of all three measures good for me (reduced wait time, or no change in wait time), or bad for me (increased wait time.)?

    I read this, and I was referring to this:



    So, does recapture and the increase in quota and the removal of the country limits, result in a greater wait time for me, as the comment above seems to imply. It would, if the recapture and the increase are not large enough to offset the effects of the removal of the per-country limit on ROW.

    Coz if it does, then I don't have an incentive to support your goals, do I?





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  • Openarms
    10-29 04:46 PM
    This is one of the dumbest idea ever discovered in this forum.



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  • kumarc123
    07-25 12:25 PM
    I agree with vdlrao completely. The horizontal spill over rule essentially gives all EB1/EB2 visa to EB2's. This will make the EB2 cutoff dates leap and bounce forward. For EB3, however, there won't be any spill over data until EB2 become all current.

    In Oppennheimer's reply to Ron Gotcher's question, he mentioned that the horizontal rule was set after he 'had consulation with the congress', so it's very unlikely to have any change to this rule till some legislation changes take place.

    I agree with you 100%, this change was made by Congress in attempt to reduce the backlog.

    Think about it in terms of Congress, it was under a lot of pressure from high skilled workers and from companies like Google and Bill gates who argued for more number of visas. No offense to any EB3 category, but we all know, EB2 are the ones which have earned a higher skilled education from this country.

    (Now please don't start any debates on EB2 or EB3, I didn't make any distinctions and it has no relevance.)

    For Congress to somehow act, they made the change in movement of visa numbers, and geared more towards EB1/EB2, to reduce the backlog among EB2 category. This will eventually lead to roll over of visa numbers from EB2 to EB3.

    Advantage? High skilled workers who have attained a Masters degree from
    U.S., now will see a reduce in backlog.

    This recent change in the flow of visa numbers, acknowledges all these problems. We all know, who ever takes over the next presidential elections, will not issue something right away, it will take a few months.

    This change buys time and greatly reduces the backlog among EB2, eventually for Eb3 as well. The new process makes much more sense and I don't think this change will revert to its original movement (back to vertical flow)





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  • smuggymba
    07-27 08:17 AM
    One basic note that Amway/Quixstar guys/preachers/creatures should understand is that "Not every business/job is for every one".

    Few individuals can do only certain kinds of jobs. However, I notice that these Amway/Quixtar guys always project that, any dumbo can do this business (if followed rules). And also, they project that this is the only way earn money on this planet. If some one follows their own path (own ambitions), then they think that he/she is an idiot that they not joining them. For God's sake, Amway guys don't bug people. When some one said no means, Its NO. don't put pressure on strangers.

    I will tell you my experience/observations with most of the Amway/Quixtar guys that I met.

    1. They dream of early retirement, free money, free cruise trip, free vacations etc., where as in reality, they don't even buy good TV for them selves. I know few folks who purchased a 18 inches bathroom tv for $5.00. I am not against second hand a TV for less, but check the reality and see the difference between dreams and reality.

    2. Forget about TV, it may not be an essential in life for everyone. I also noticed that they don't even purchase proper food/groceries. May be not are alike. I have see many in my past 15 years of life in US either in Bayarea or in Texas or in PA.

    3. There was a Quixtar/Amway Summer conference few of years ago. I have seen 32 adult people stayed in a Single bedroom apartment (around 700 Sq Ft) for two nights. Yes, I literally counted people coming out of the door (right opposite to my apartment). I couldn't believe my eyes/brain initially but its truth.

    I am not offending any one intentionally, but know the difference between reality and dreams.

    These ppl just hang out at Walamart, Ikea, Malls and DMV and scour for desi ppl who are vulnerable and can be conned. The Amway guy I talked to spoke about retiring at 40 and making millions but was renting at 36 yrs himself and had a dingy old car. (I rent too but I don't plan to retire at 40 and make millions by conning ppl)





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  • eb3India
    08-03 06:03 PM
    labor subst is good for those who can use it and of course it'z not fair for others,

    Is Immigration process is a right place to talk about fairness,

    my point is labour subst is not hurting is big time, Itz just some of us get jealouse when they see others getting ahead of the line

    IV needs to focus itz energy on much broader issues





    Caliber
    06-12 04:18 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?

    I like this news even if it is rumor. I have 3 live examples of the CTS guys that are not even eligible for H1 came on L1 (Project Manager) and applied in EB1 and all got Green Cards in 9 months. Their pay is even peanuts. Why USCIS does not check the pay stubs for these L1s?





    another one
    12-13 02:00 PM
    Since SC has already decided on the matter, does this rest this discussion?


    Here is what the Supreme Court said:
    http://supreme.justia.com/us/426/67/case.html

    "The fact that all persons, aliens and citizens alike, are protected by the Due Process Clause does not lead to the further conclusion that all aliens are entitled to enjoy all the advantages of citizenship or, indeed, to the conclusion that all aliens must be placed in a single homogeneous legal classification. For a host of constitutional and statutory provisions rest on the premise that a legitimate distinction between citizens and aliens may justify attributes and benefits for one class not accorded to the other; and the class of aliens is itself a heterogeneous multitude of persons with a wide-ranging variety of ties to this country.
    In the exercise of its broad power over naturalization and immigration, Congress regularly makes rules that would be unacceptable if applied to citizens. The exclusion of aliens and the reservation of the power to deport have no permissible counterpart in the Federal Government's power to regulate the conduct of its own citizenry. The fact that an Act of Congress treats aliens differently from citizens does not in itself imply that such disparate treatment is "invidious."
    ...
    The real question presented by this case is not whether discrimination between citizens and aliens is permissible; rather, it is whether the statutory discrimination within the class of aliens - allowing benefits to some aliens but not to others - is permissible."

    The SC concluded that the statutory discrimination within the class of aliens is permissible.