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  • conchshell
    07-29 02:50 PM
    Well, I think the scenario is different. It is somewhere inbetween those two thought processes:

    1. They are counting on CP case; but not much. If you look in the past stats about EB cases processed via CP, it is usually a very small number (and this would just make sense: if you are doing EB green card, you will be working in US and will do AOS). CP cases can not be more than several hundreds.

    2. The major hopes DOS has is on USCIS to process large number of cases. And they ARE capable of doing so; but only RANDOMLY (not in the order of PD or FIFO or anything like that). It is very unlikely that DOS will let USCIS waste any visa numbers. Because it is DOS's responsibility, not USCIS's. And that was main reasoning behind July Fiasco; where DOS wanted to prove that it is not DOS but USCIS who is responsible for the wastage (remember, there were some 60000 visa numbers unused at that time). This time, they are playing the game of "cooperation". DOS will advance dates only till USCIS can handle (not everything Current); and in exchange USCIS will use up all the numbers.

    If USCIS can not show that they have used up at least 75% (or something in that range) of the remaining visa numbers (which are probably in the range predicted in this thread giver or take few thousands) by mid august, DOS will further advance dates in sept. If USCIS shows that they used up most of the numbers, dates may go back. It would not matter what the dates are in sept as the end result is the same: all the remaining visa numbers will be used (probably randomly) to people with PDs upto mid 2006.

    I do not buy the "CP using numbers" theory from Ron or Murthy. It is all about allowing USCIS to use the numbers randomly and let them pick the "low hanging fruits" (as they usually like).

    For the next fiscal year, they will move dates back to mid 2004 (just a wild guess), but I dont think it matters any way...(till the end of the fiscal year). USCIS will probably go in hibernation again till the last quarter of next year and the date will advance again dramatically (may be upto 2008) to let them use all the left over/spilled numbers.

    I think that its a reasonable analysis.





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  • rahulpaper
    06-27 09:26 PM
    Based on this, I have again (yes, again) emailed by immigration lawyer and sent him the AILA's URL (although I cant see it coz I am not member of AILA).

    IF AILA reports that they stopped accepting new 485 petitions for EB3-other, then it is pretty freaking scary and that means that what my lawyer told me "I cant happen, bla bla bla..." is really not 100% accurate. If it happened in June, it can happen in July. This is now REALLLLY SCARY, coz my lawyer has plans for July-end for filing.

    Ever since the dates got current, it has been more stressful than the time when dates were retrogressed and almost makes me miss the retrogression days when I didnt have to depend on the lawyers for my career.

    It is indeed scary...I guess rumors can come to haunt us...I know that mine is not going in before mid july...we are seeing that is visible but doesnt exist...May be august bulletin (like predicted by USCIS) will still be "C"....GOOD LUCK to all. Irony of life is...all my life i gave exams in an effort to not get a "C"....and now all i pray for is just another "C"...





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  • gc28262
    01-14 01:14 PM
    V true.

    Folks, the memo clearly empowers USCIS to crack down on consulting firms which don't have any in-house infrastructure (other than contractors) to execute projects.
    H1B is misused for a long time now by these firms and it was high time they put the screws on these "job shops" as they call it. Unfortunately some talented workers will get impacted.
    But if they are talented they will find opportunities elsewhere. Trust me on that. And better opportunities.

    Nathan is exactly right. These firms have created a mess by bending rules everywhere.

    Don't start speculating that USCIS is trying to throw out all immigrants from this country. I'm surprised that folks don't take a proper view of the situation (yeah..bring the reds on and call me an anti-immigrant).

    You are wrong. Look behind the scenes to understand what is really happening. Who forced this memo ? Who made this lawmaker to write letters to USCIS director ? You were not watching while all the background work was being done by anti-immigrants.





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  • SunJoshi
    12-31 07:30 PM
    US news has covered a book by David Heenan -- "Flight Capital" that essentially deals with the fact that high powered immigrants are leaving this country -- for whatever reason -- and how its bad for America. BAD FOR AMERICA. forget about it being bad of GC aspirants. ITS BAD FOR AMERICA. And we have one of america's own high powered former CEO saying that

    http://www.flight-capital.com/

    This man has no vested interested in talking about this. Obviously he does not need a GC and he is not on H1. He makes our case. How anti-immigration congressional measure are hurting America as a nation as much as it hurts aspiring immigrants.

    This is an independent non-partisan source who can be quoted in our cause.


    logic,

    Is there a way you can find out some contact info of the writer? maybe we can ask his help



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  • gvenkat
    02-13 02:42 PM
    What ever gave you the idea that EB ROW only wait for 3 years?

    i said on an average.. and that is the fact.. ROW is way better off than India/China... there are always exceptions...





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  • akred
    02-15 11:11 PM
    oguinan,

    Paragraph 1 of Article 1 establishes the definition of racial discrimination for the purpose of the document. Paragraphs 2 and 3 limit the operation of the convention. As to why paragraphs 2 & 3 were included, perhaps they were required to get countries to sign on to the convention.

    Here's a better link. Read under Modern Racial Exclusion, excerpts of which I have posted below.

    http://academic.udayton.edu/race/02rights/immigr09.htm

    ...similarly situated persons (e.g., siblings and children of U.S. citizens) may face radically different waits for immigration depending on their country of origin, with accompanying racial impacts.

    The law created a new immigrant visa program that effectively represents affirmative action for white immigrants, a group that benefitted from preferential treatment under the national origins quota system until 1965. Congress, in an ironic twist of political jargon, established the "diversity" visa program, which though facially neutral prefers immigrants from nations populated primarily by white people.

    The link to the CERD report is here. The convention does not address the country limit directly as the convention expressly does not apply in that area, but it does show that there is awareness about the discrimination faced by immigrants. http://www.unhchr.ch/tbs/doc.nsf/(Symbol)/6d8aee7e356e6498c1256d4e00557f3b?Opendocument

    You can see that the UN panel is aware of the fact that racial discrimination manifests itself in disproportional representation (note the reference to the composition of the Supreme Court). It can be argued that the 7% country limit provides a pretext to discriminate against India/China/Mexico on the basis of ethnic or racial origin, and as such would run afoul of the convention.



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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.





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  • poorslumdog
    09-04 12:19 PM
    You are showing your contribution in all your postings. Don't have any shame???
    your left hand should not know what your right hand is doing(giving)
    It is typical for many Indians to put their name in cars (even here) and their contribution to temples to be anounced in public address system and put names on any things which they are donated.
    You need to change the style, if you are in Rome, behave like Romas.

    Answer the question directly...Dont give all these crap.



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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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  • desi3933
    07-29 12:28 PM
    ....
    ....
    This does not mean that the CIS has closed out all of the pre-2006 cases pending in their inventory. Far from it. When the new fiscal year starts, Indian E2 is likely to retrogress back to late 2002 or early 2003. This is roughly the point reached by the CIS in processing their inventory of pending cases.
    ....
    ....


    I agree with this comment. Starting Oct, EB2-Ind is likely to retrogress to 03/2003 to 06/2003.

    __________________
    Not a legal advice.



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  • smuggymba
    07-27 11:33 AM
    What has EB5 to do with amway?
    Did I mention I'm making millions? Obviously on the way, but atleast I have something to fall back to if I loose my job. Do you?

    As someone else mentioned on this forum, it is illegal to earn while on H1-B from sources other than your employer.





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  • reddymjm
    09-23 11:33 AM
    Let's do it

    I just emailed all of them with my name, address and phone number. Atleast 13 of them bounced. Can some one correct the email addresses in that sheet.



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  • GetGC08
    07-29 09:07 AM
    Hi GetGC08,

    Do you have details of what kind of information was requested by USCIS? I have the same notice as yours when I check my I-140 status online. It was sent on July 28th 2008

    Reply asap would be appreciated.

    Thanks.

    Hi,

    I am still waiting for the notice. Once I get it, will let you know for sure.

    By the way when did you file your I-140? What is your priority date?Which category?

    I will really appreciate your response.

    Thanks.





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  • vine93
    09-23 05:12 PM
    Nixtor,

    This idea makes much sense and I am for it.
    Only hitch is how fruitful it would be launching it now. Why not to wait for next season ( Probably Democrats ).



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  • Lasantha
    12-14 05:16 PM
    Thanks bud. Yeah, I seem to have a "Ceiling" fetish. :D

    Anyways I only did a quick scan of your rather utopian scenario. But wouldn't the following help the that situation?
    1) Flow of un-used visas from ROW to OS countries
    2) Increase the TOTAL EB quota
    3) Exclude dependents
    4) Re-capture ( If any. But I doubt there will be anything left to recapture because in your Shangri-La USCIS would have been efficient enough to use up all the visas in the previos fiscal years).

    (I do detect some bitterness in your tone. I am only here to offer my view so please don't take it personally)

    Lasantha,

    You are fond of "Ceiling", Good. Provide me a solution with a goal not to hurt progress march of US economy in following imaginary Scenario:

    Assumption 1:Whole EB Bus starts with year 2009 - no backlog for ANY
    COUNRTY - USCIS does not have any kind of administrative
    mess - Situation in USCIS is such that moment it find work, it
    will send flower to you for keeping them busy. - US industry
    exactly need 140000 skilled and highly skilled people from outside
    world as within US they have shortage of exctly that number.
    and it can not afford a single person less than that to keep
    economy at balanced level.

    Assumption 2: India can provide 35000, China can provide 50000, Britain can
    provide 4000, Sweden can provide 2000, Saudi Arabia can
    provide 1000, Sri Lanka can provide 4000, Thailand can provide
    500, Pakistan can provide 5000, South africa can provide 5000
    ,Bangladesh can provide 1500 and rest 32000 from Europe
    (other than Britain) and each of above country cannot provide
    more labor that what is mentioned here. And other unlisted countries
    do not have any skilled persons to provide (This is assumption.. DO not go after me...:))

    So whole world together is ready to provide 140000 labor to US. With current laws tell me what will happen to US economy? Will US Industry be able to get all 140000?

    Will you still be trumpeting "Ceiling" drum?





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  • yetanotherguyinline
    07-03 05:06 PM
    Hi all,

    Regarding the recent goofup by USCIS, please rate this story

    http://digg.com/politics/No_July_4th_Celebrations_for_Highly_Skilled_Future _Americans/who

    if this receives more than 100 users rating for the story in next 5-10 hours - it would be displayed on the first page. Digg.com is read by hundreds of thousands of web users and there is high chance of getting picked by main stream media.

    Note that you ll have to signup as digg.com member to rate it - it ll just take 30 secs of your time.

    Sorry I wasn't able to submit the official IV prlog.com url since it is not accepted by Digg.

    thanks.

    digged it....but it just has 17 diggs now!!!



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  • vdesi
    01-05 02:09 PM
    This is a good idea but it won't help the housing crisis or the economy. It may not be viewed as fair to change the quota simply for those with money to pay a "fee." However, buying a home can put a floor under the housing prices and support the economy.

    Premium processing is the word, taught by USCIS.





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  • logiclife
    06-26 01:17 PM
    Thanks for making me look like an idiot in front of my lawyer and HR, everyone.

    Based on RUMORs, I asked my lawyer this question:

    I have a question about July Visa bulletin. If the August bulletin is retrogressed when announced in mid-July, can the USCIS change rules and stop accepting new Adjustment of status petitions in mid-July ? I know that it sounds illogical and that July bulletin's current dates would apply thru July 31st but I am hearing from my professional colleagues that USCIS could change rules and stop accepting new AOS petitions in middle of the month.

    And I got this reply :

    Yes, what you raise is quite illogical. The visa bulletin controls which AOS can be filed during the calendar month for which it is published, there is no way for USCIS to stop receiving an AOS application received say on July 16th. AOS is not like an H1B filing, where there is a finite # that must be received by a date certain and then allocated.

    See, hear that ? "NO WAY FOR USCIS". Now, I dont know why some lawyers are spreading this nonsense that "BEWARE, USCIS will stop accepting new petitions if they receive 'too many petitions'. What is 'too many ??? Who defines 'too many'? Is 'too many' defined as the time when the mail room clerk gets back pain from lifting boxes of petitions ? Or the guy printing 485 receipt notices gets carpel tunnel syndrome ?

    PLEASE PUT THIS IDEA TO REST. USCIS WILL ACCEPT PETITIONS THRU JULY 31, NO MATTER HOW TIRED THEY ARE AND NO MATTER HOW SICK THEY GET OF SEEING 485 FEDEXes COMING IN DAY AFTER DAY AFTER DAY. GOT IT ????





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  • 485Mbe4001
    06-01 02:26 PM
    Generic lawsuits are not the answer. We should use the above information when we talk to the lawmakes and also use this as rebuttal to the anti's. Lets focus on recapture, venting is not going to help, lawsuits will only help make the lawyers richer(just look at the houses and cars of immigration lawyers ;))

    SSA depends on different countries. People from Mexico and Sweden for example will not have this issue. India does not have a treaty with the US.

    The only solution , to all our problems, is a LAWSUIT.
    The earlier some one has the balls to do it , the better it is.





    nozerd
    05-11 10:13 AM
    Just an FYI , I recently read in an article that Australia is changing its rules to require 4 yrs residency instead of 2 for citizenship.
    In Canada you apply after 3 yrs but it takes nearly a yr to get it so defacto its 4 yrs. There was a lot of controversy in both Australia and Canada recently because they had to evcate thousands of Australian/Canadians of Lebanese origion from Lebanon during the recent Hezbollah/Israel standoff there.They were questioning if it was worthwhile giving citizenship to ppl who would never work or pay taxes in Oz/Can.


    The company I work for has an office in Sydney, Australia and recently opened one in Toronto but it is not fully operational. In such a case E3 might work better than Canada PR since it takes 3 years to get Canadian citizenship and 2 years to get Australian citizenship and one could potentially retain the US job if one manages to strike an arrangement with their employer. Also this option might work better for those whose home country is close to Australia (eg Indonesia, Singapore, New Zealand etc). Also note the benefit of the E-3 is that one's spouse can work without restrictions and it is indefinitely renewable while the TN's spouse is not allowed to work. They both have pros and cons. Geographically and culture wise (ie way of life) Canada makes for an easier transition back to the US. Personally I have applied for the Canadian PR for the reasons you cite.





    sayantan76
    09-23 12:41 PM
    I think the $700 billion bail-out will just go down the drain and will be lost due to market speculation...stocks will spike but then will go back to its lows or even lower....and then, check-mate!

    it's like a band-aid to a big wound.
    The 700Bn or whatever the final number is not entirely a drain.....

    the thing with all these exotic securities is not that they are completely worthless but that there is no market for these right now and hence are illiquid - so if someone had the ability to keep these securities for a long term (say 30 years - since most mortgages are for 30 years) on their balance sheet - they may not lose as much money as they would if they tried to liquidate these investments in the short term.

    Financial Institutions typically borrow short term to invest in long term investments and keep renewing the short term borrowings - since the underlying investment has become illiquid - it has become difficult to raise financing against it. the govt, howver, can take a long term view and be patient....who knows.....in the end - the Govt may actually come out with positive cash flow at the end of all this mess. So, the bail-out plan may not be as bad an idea as media is portraying it to be.........in short-term - it does take US into further indebtedness.

    I already have a GC - so this debate does not impact me personally - but this is against the basic principals of natural justice.......GC applicants were placed into certain EB categories based on job descriptions and qualifications and then within queues assigned priority dates based on certain logic and are currently being approved based on PD and country quotas..........all these rules were known and published prior to companies and people applying for these GCs.....

    No matter what the incremental benefit is, I think its blatantly unfair (like it was blatantly unfair to push some people to labor backlog centers and approving people with later PDs first) to change the rules of engagement and prioritization midway through the process and give preference to someone based on an ability to invest certain $$s in an house.......buying a house is a commercial and lifestyle decision........should not be a precursor to a USCIS adjudication.......

    keep the red dots coming folks!