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n_2006
06-28 10:16 AM
I think the 40,000 number is the wastage predicted by the ombudsman at the prior rate of approval that was prevalent earlier in the year. This probably implies that CIS would have used about 100,000 numbers at it's prior rate or about 25000 per quarter. This in turn would imply that CIS would have roughly 40000 (predicted wastage) + 25000 (last quarter's numbers that might have been used had CIS continued at it's earlier pace) = approx 65000 available starting June 1. I highly doubt if this could be used in just a month or two.
But all said and done, whatever the real number of visas that's available I feel it's in everybody's best interest to just apply at the earliest they possibly could.
Can somebody please provide some information interms of country quota? This 40000 can be used for any country? Or if India and China used their quota and still visa's left, next visa bulletin may show retrogession for India and China and current for other countries?
But all said and done, whatever the real number of visas that's available I feel it's in everybody's best interest to just apply at the earliest they possibly could.
Can somebody please provide some information interms of country quota? This 40000 can be used for any country? Or if India and China used their quota and still visa's left, next visa bulletin may show retrogession for India and China and current for other countries?
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mihird
05-10 05:06 PM
There is a lot of debate going on here, about how Canada and Australia have a better immigration system because they are points-based self-petition systems compared to employer-petition system here in US.
....
If I score 100 points out of required 50 or 60 points for Canada, its all meaningless if I am inept and cannot get a job. However, I would contribute to my own well-being and to the workforce and economy if I can find a job and an employer willing to petition, even if I score 25 points out of required 50 or 60.
You are missing a point here though...having gone through the Canadian point system myself back in the late 90s, the Canadian point system gives you added points for having current employment in your intended occupation.
When you don't have employment, you lose those points, and have to rely on other aspects of your profile to compensate for that..it is another story that their point system is lax enough to qualify most MS and PhD people even when they don't have current employment.
Ph.Ds driving cabs in Canada is the same as immigrant doctors working as nurses or lab technicians in the US.
I will disagree with you. Employer sponsored path to permenant residency is certainly not the best. Firstly, if the average time to process an application is 5-7 years, expecting a person to shackled in the same job for that long is absurd...and for that matter, that job remaining steady and available for that long is equally an absurb assumption..
There may be unemployed Ph Ds is Canada but they are no different from the thousands of underemployed H1-B immigrants in the US, not being able to make career moves because of the employer sponsored petitiions..
My .02 cents..
....
If I score 100 points out of required 50 or 60 points for Canada, its all meaningless if I am inept and cannot get a job. However, I would contribute to my own well-being and to the workforce and economy if I can find a job and an employer willing to petition, even if I score 25 points out of required 50 or 60.
You are missing a point here though...having gone through the Canadian point system myself back in the late 90s, the Canadian point system gives you added points for having current employment in your intended occupation.
When you don't have employment, you lose those points, and have to rely on other aspects of your profile to compensate for that..it is another story that their point system is lax enough to qualify most MS and PhD people even when they don't have current employment.
Ph.Ds driving cabs in Canada is the same as immigrant doctors working as nurses or lab technicians in the US.
I will disagree with you. Employer sponsored path to permenant residency is certainly not the best. Firstly, if the average time to process an application is 5-7 years, expecting a person to shackled in the same job for that long is absurd...and for that matter, that job remaining steady and available for that long is equally an absurb assumption..
There may be unemployed Ph Ds is Canada but they are no different from the thousands of underemployed H1-B immigrants in the US, not being able to make career moves because of the employer sponsored petitiions..
My .02 cents..
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boreal
07-21 05:31 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).
Sorry, silly question. Does this mean that these 32k visas are available to the EB2 I/C folks in Aug/Sep?
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).
Sorry, silly question. Does this mean that these 32k visas are available to the EB2 I/C folks in Aug/Sep?
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chanduv23
07-04 08:36 AM
Macaca, pappu and gang - can we compile a funny animation cartoon with a message in flash and upload it on youtube?
I have flash on my laptop, if someone can give me the material, I can compile a slideshow ???? Any thoughts??
I have flash on my laptop, if someone can give me the material, I can compile a slideshow ???? Any thoughts??
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BharatPremi
12-14 12:11 PM
"The SC concluded that the statutory discrimination within the class of aliens is permissible."
This could justify difference in say EB1, EB2 and EB3 or F visa, H Visa and L visa. How ever there is no mention that discrimination could be on the basis of sex/race/country of origin etc. IMHO an extension of standard EEO laws should be applied for EB class immigration too.
NB: I am an HR consultant and an expert on EEO laws, I still think that this discussion is worth taking to a top constitutional attorney. An hour of his time will cost peanuts compared to what we can possibly get out of this.
With agreeing the central theme represented by Mark, still I am incliened to say "Yay" to your suggestion.
This could justify difference in say EB1, EB2 and EB3 or F visa, H Visa and L visa. How ever there is no mention that discrimination could be on the basis of sex/race/country of origin etc. IMHO an extension of standard EEO laws should be applied for EB class immigration too.
NB: I am an HR consultant and an expert on EEO laws, I still think that this discussion is worth taking to a top constitutional attorney. An hour of his time will cost peanuts compared to what we can possibly get out of this.
With agreeing the central theme represented by Mark, still I am incliened to say "Yay" to your suggestion.
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Legal
07-21 08:13 PM
The unused Employment Based visas will be added to the following year's Family Based visas.
CAN ANY ONE BELIEVE THEY GAVE 10,326 "UNUSED" EB NUMBERS TO FAMILY BASED IN THE YEAR 2006?? AMAZING.
http://www.dhs.gov/xlibrary/assets/statistics/publications/LPR_FR_2007.pdf
Another concern I have on your estimation is it looks like unlimited categories (immediate relatives) eat into the overall numbers. But it looks like FB is guaranteed minimum of 226,000 each year.
CAN ANY ONE BELIEVE THEY GAVE 10,326 "UNUSED" EB NUMBERS TO FAMILY BASED IN THE YEAR 2006?? AMAZING.
http://www.dhs.gov/xlibrary/assets/statistics/publications/LPR_FR_2007.pdf
Another concern I have on your estimation is it looks like unlimited categories (immediate relatives) eat into the overall numbers. But it looks like FB is guaranteed minimum of 226,000 each year.
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srkamath
07-30 09:10 AM
this makes no sense (with all due respect to Mr Gotcher). He basically claims that PD has been moved to allow CP cases to be processed faster to avoid visa number wastage.. However he also says that there is a huge backlog of AOS cases. Looking at how many CP cases are being called for interview in mumbai and delhi (low hundreds) I dont see how CP alone can help avoid a big wastage of visas. If USCIS is still 20k short, then its the massive pile of AOS cases they should be using, just like they did last year.
Also, if they waste visa numbers this year, it would be really gross incompetence. EB2-India has gone all the way from 2000 to 2006 this year. They slack off at the start of the year, then scramble in the end. I dont know why they follow this approach knowing full well that right at the end it puts them in a soup.
This Ron Gotcher guy does not seem to get it.... he has an agenda, I dont buy his logic. It is unlikely that ~ 50 cases at consular posts are enough motivation to move dates forward by two years.
It took roughly one year for EB2-I dates to advance beyond April04 from the time it first got to April 04.
We know 2005 is a lean year.
It is likely that it will take almost a year before EB2-I dates advance beyond June06.
Those with PD < June06 that do not get a GC by Sep08 can expect to get it by Sep 09. Until then we will see some short term swings between 2003 and 2006.
Also, if they waste visa numbers this year, it would be really gross incompetence. EB2-India has gone all the way from 2000 to 2006 this year. They slack off at the start of the year, then scramble in the end. I dont know why they follow this approach knowing full well that right at the end it puts them in a soup.
This Ron Gotcher guy does not seem to get it.... he has an agenda, I dont buy his logic. It is unlikely that ~ 50 cases at consular posts are enough motivation to move dates forward by two years.
It took roughly one year for EB2-I dates to advance beyond April04 from the time it first got to April 04.
We know 2005 is a lean year.
It is likely that it will take almost a year before EB2-I dates advance beyond June06.
Those with PD < June06 that do not get a GC by Sep08 can expect to get it by Sep 09. Until then we will see some short term swings between 2003 and 2006.
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snram4
01-15 06:28 PM
That is true. No one knows the impact of outsourcing. Because no public data is available unlike H1b or L1. If american public gets exact data about outsourcing then they will oppose that also and goverment has to act. But there is no legal binding for Government or Corporations to give data about outsourcing. Some time back most manufacturing went silently out of USA and when people started realizing it was too late to act. But relaxing immigration will not prevent outsourcing as everything is based on cost
Whether you like it or not...they cannot save the job by restricting the H1/L1B... simply the job will fly to offshore. First they need to fix the GC black hole� stop harassing people before they are enforcing the rules. Then no one needs to work for consultants
Whether you like it or not...they cannot save the job by restricting the H1/L1B... simply the job will fly to offshore. First they need to fix the GC black hole� stop harassing people before they are enforcing the rules. Then no one needs to work for consultants
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kondur_007
09-17 12:45 PM
Here is what I want to understand.
EB2 ROW is CURRENT except INDIA AND CHINA. EB2 ROW will get 28.6% of 140000.
This means 40040. How they are going to divide these visa between INDIA and CHINA?
This is NOT SpillOver. I know there is 7% rule, but other countries are always Current.
And EB1 is CURRENT and considering Bad economy very few cases will be filed under EB1.
What will happen to those 40040 Visa? If those spillover to EB2 ROW, we may see a large quantity of Visa numbers for EB2.
Considering 50% of each EB1 and EB2 visas consumed by other than INDIA AND CHINA, still we should get aroud 40040 visas this year.If you furher divide 50% between INDIA and CHINA, both will get 20020, Which might be sufficient to cross 2005.
You are right on the point. In fact (I may be overly optimistic here), I would not be surprised at all to see PD of EB2I in 2007 or 2008 in the last quarter (Aug-Sept) and it may even see the magincal "C" in Sept 2010. (Making the dream come true for VDLRAO!!)
(Remember, with preadjudications, there are no more pending EB2-ROW (except for the new adjudications) and EB2 China has been in 2006 for quite some time as well in the past)
EB2 ROW is CURRENT except INDIA AND CHINA. EB2 ROW will get 28.6% of 140000.
This means 40040. How they are going to divide these visa between INDIA and CHINA?
This is NOT SpillOver. I know there is 7% rule, but other countries are always Current.
And EB1 is CURRENT and considering Bad economy very few cases will be filed under EB1.
What will happen to those 40040 Visa? If those spillover to EB2 ROW, we may see a large quantity of Visa numbers for EB2.
Considering 50% of each EB1 and EB2 visas consumed by other than INDIA AND CHINA, still we should get aroud 40040 visas this year.If you furher divide 50% between INDIA and CHINA, both will get 20020, Which might be sufficient to cross 2005.
You are right on the point. In fact (I may be overly optimistic here), I would not be surprised at all to see PD of EB2I in 2007 or 2008 in the last quarter (Aug-Sept) and it may even see the magincal "C" in Sept 2010. (Making the dream come true for VDLRAO!!)
(Remember, with preadjudications, there are no more pending EB2-ROW (except for the new adjudications) and EB2 China has been in 2006 for quite some time as well in the past)
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dpuranik
01-26 02:11 PM
You can not apply I-140 Premium Processing if you are doing Labor substitution.
http://www.murthy.com/news/n_eb3140.html
http://www.murthy.com/news/n_eb3140.html
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mallu
02-15 10:42 PM
...I do not foresee my Jan 2003 EB-2 India PD becoming current any time soon. ....
Why ? You got the number of EB2 India cases pending that have PD before yours ?
Why ? You got the number of EB2 India cases pending that have PD before yours ?
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blacktongue
01-14 09:44 AM
Plainspeak wasting time.
He was member 2006 onward. Did nothing. Wasted time. Now facing job problem. Need Greencard and now want IV to do for him.
Typical of some lowskill EB3I do nothing and blame. Go do something. Learn some . Become expert and apply EB1 if you so bright. IV does not value Plainspeak. See no reply from admin yet. Proves he wasting his time.
He was member 2006 onward. Did nothing. Wasted time. Now facing job problem. Need Greencard and now want IV to do for him.
Typical of some lowskill EB3I do nothing and blame. Go do something. Learn some . Become expert and apply EB1 if you so bright. IV does not value Plainspeak. See no reply from admin yet. Proves he wasting his time.
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chanduv23
02-16 01:22 PM
That is one way to look at things. The important thing is, whether the Judge looks at the situation the same way. It will be tough job to convince the Judge. If you seek legal opinion from a lawyer, lawyers mostly tend to say that you have a case expecting that that lawyer will be the one filing the lawsuit (i.e. making the money). So be careful with the idea and advise from a lawyer.
And more importantly, even if 'we have a case', do we have folks who are willing to be plaintiff in this lawsuit. Are you or Googler or chandu (because he replied to my earlier posts suggesting that we will find someone to lead) willing to be the plaintiff, or are you encouraging others (putting the gun on other's shoulder to fire) to be the plaintiff. If you see that there is chance/value in filing lawsuit, why don't you decide to be the plaintiff? Either way, if you are a plaintiff or if you know someone who wants to be one, why don't you take this to IV team.
Say we have a case, then to go to the next step we need -
1.) Someone willing to take the initiative/lead
2.) Plaintiff
3.) Resources
4.) There maybe more that I am not able to think at this time, because I no experience of filing class action lawsuit.
How to find what we need to file lawsuit -
For (1.), I suggest someone willing to give out his/her name as plaintiff should contact IV. I saw that folks are discussing this on too, but that site is not a non-profit. That site is owned by some guy who is earning good money of off the ads on his site. He won't spend resources to file for lawsuit although he has made good money off of the woes of others tracking their green card case status. So the only viable option is to get IV involved.
For (2.), if you want to see this through, then, at least one of around 180 folks who voted for filing lawsuit should be willing to be the plaintiff. If not, then someone needs to make phone calls to find a possible plaintiff.
For (3.), as mentioned above, I don't know of any one organized effort other than IV to lead such an effort of a lawsuit.
just to keep things clear - I am against this. I voted 'no'. I just complimented lazycis's enthu in my post and I strongly felt that if these folks are so interested, they can form a google group and move their discussions on there and did strongly feel that probably lazycis has the fire in him to lead :)
And more importantly, even if 'we have a case', do we have folks who are willing to be plaintiff in this lawsuit. Are you or Googler or chandu (because he replied to my earlier posts suggesting that we will find someone to lead) willing to be the plaintiff, or are you encouraging others (putting the gun on other's shoulder to fire) to be the plaintiff. If you see that there is chance/value in filing lawsuit, why don't you decide to be the plaintiff? Either way, if you are a plaintiff or if you know someone who wants to be one, why don't you take this to IV team.
Say we have a case, then to go to the next step we need -
1.) Someone willing to take the initiative/lead
2.) Plaintiff
3.) Resources
4.) There maybe more that I am not able to think at this time, because I no experience of filing class action lawsuit.
How to find what we need to file lawsuit -
For (1.), I suggest someone willing to give out his/her name as plaintiff should contact IV. I saw that folks are discussing this on too, but that site is not a non-profit. That site is owned by some guy who is earning good money of off the ads on his site. He won't spend resources to file for lawsuit although he has made good money off of the woes of others tracking their green card case status. So the only viable option is to get IV involved.
For (2.), if you want to see this through, then, at least one of around 180 folks who voted for filing lawsuit should be willing to be the plaintiff. If not, then someone needs to make phone calls to find a possible plaintiff.
For (3.), as mentioned above, I don't know of any one organized effort other than IV to lead such an effort of a lawsuit.
just to keep things clear - I am against this. I voted 'no'. I just complimented lazycis's enthu in my post and I strongly felt that if these folks are so interested, they can form a google group and move their discussions on there and did strongly feel that probably lazycis has the fire in him to lead :)
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girishvar
07-26 08:25 AM
If USCIS follows Vertical Policy after EB-3 becomes current, all the remaining visas will go to EB-2 India/China and will be used up completely. With the volume of demand for EB-3 India, unless some legislative relief comes EB-3 India's problem will not be solved.
However, by following horizontal policy, if EB-2 India/China is cleared and made current, Any spillover in EB-3 should be equally shared and EB-3 India's share will improve but in miniscule way.
Fighting for legislative relief is the only way out for EB-3 instead of dividing our community between EB-2 and EB-3
However, by following horizontal policy, if EB-2 India/China is cleared and made current, Any spillover in EB-3 should be equally shared and EB-3 India's share will improve but in miniscule way.
Fighting for legislative relief is the only way out for EB-3 instead of dividing our community between EB-2 and EB-3
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sledge_hammer
05-29 11:11 AM
1] To date there are 60K EB2I and another 60K EB3I I-485 applictaions pending.
2] 3.2K visas were available for EB2I for FY2009.
Assuming 3.2K visas are available every year from now on, it will take 60/3.2=18.75 years for all EB2I applicants upto today to be granted GC.
Unbelievable!
2] 3.2K visas were available for EB2I for FY2009.
Assuming 3.2K visas are available every year from now on, it will take 60/3.2=18.75 years for all EB2I applicants upto today to be granted GC.
Unbelievable!
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dallasdude
05-29 12:31 PM
Otherwise how would you explain the sudden rise in EB1 filings and a quota which never used to be over in previous years suddenly has cut-off dates.
If we keep quiet, these same clowns will use up all the visas and smirk at us for filing in the "lower" categories. What a backdoor to a green card! :mad:
Those clowns will rot in hell! All those unworthy idiots will never make it here till the end.
If we keep quiet, these same clowns will use up all the visas and smirk at us for filing in the "lower" categories. What a backdoor to a green card! :mad:
Those clowns will rot in hell! All those unworthy idiots will never make it here till the end.
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gcdeal
07-11 09:45 PM
I submitted my TOEFL. I think it is enough
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Openarms
10-29 04:46 PM
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Macaca
02-19 10:36 AM
IEEE-USA (http://www.ieeeusa.org/policy/issues/H1bvisa/index.html) is saying exactly the following. As you can check, it is very influential on the Hill.
b) It is not really the smartest thing in the world to bring people here from foreign lands, let them work here in high-tech fields, and then send them back after 6-10 years so that they can compete against Americans from OUTSIDE America.
c) A lot of EB-based immigrants have been to American colleges and have graduate degrees. Again, see (b) above. Not the brightest idea to have this American-educated and trained high-skilled manpower forced to go back to India and China, the two main US competitors.
Atleast, not if you are America.
Bottomline is this. If there have been abuses of the system, and any system will be abused, then those need to be fixed. If there are loopholes, they need to be plugged (and people will come up with more loopholes.) But the USCIS should not throw the baby out with the bath water. Either this country values high-skilled immigrants, or it doesn't. The high-skilled immigrants need to know this, so that they can make decisions in their life. The incompetence of USCIS can't be the instrument of public policy making.
b) It is not really the smartest thing in the world to bring people here from foreign lands, let them work here in high-tech fields, and then send them back after 6-10 years so that they can compete against Americans from OUTSIDE America.
c) A lot of EB-based immigrants have been to American colleges and have graduate degrees. Again, see (b) above. Not the brightest idea to have this American-educated and trained high-skilled manpower forced to go back to India and China, the two main US competitors.
Atleast, not if you are America.
Bottomline is this. If there have been abuses of the system, and any system will be abused, then those need to be fixed. If there are loopholes, they need to be plugged (and people will come up with more loopholes.) But the USCIS should not throw the baby out with the bath water. Either this country values high-skilled immigrants, or it doesn't. The high-skilled immigrants need to know this, so that they can make decisions in their life. The incompetence of USCIS can't be the instrument of public policy making.
_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..)
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..)
Rishi
01-11 10:45 AM
Friends,
Don't waste your time on this. The American employers will never agree to this as LC belongs to them and they don't want to waste time, money and effort again and again. The only problem I see is our desi consulting companies misusing this privilege.
I would say lets not waste our time as DOL/USCIS is trying to formulate ways to check 'LC Substitution Fraud'. At the same time they don't want to penalize the legitimate substitutions where an employee is already working for the same company for years.
fighting retrogression and 485 filing during retrogression are important than this.
Its my opinion only, pls take it on a lighter note...
- Rishi
Don't waste your time on this. The American employers will never agree to this as LC belongs to them and they don't want to waste time, money and effort again and again. The only problem I see is our desi consulting companies misusing this privilege.
I would say lets not waste our time as DOL/USCIS is trying to formulate ways to check 'LC Substitution Fraud'. At the same time they don't want to penalize the legitimate substitutions where an employee is already working for the same company for years.
fighting retrogression and 485 filing during retrogression are important than this.
Its my opinion only, pls take it on a lighter note...
- Rishi
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