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  • u.misc
    01-14 10:12 AM
    This memo is a Blow Job to the anti-immigrant lobby and is politically motivated. Although this won't effect people using EAD but there are number of people who are waiting to file I-485 and would need to extend H1-Bs.

    Lets fight for the rights. A picture perfect example of "protectionism". This memo won't be a doom for Skilled workers but for USA.

    Skill have no boundaries and would find a way to success, if not in USA, somewhere else.





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  • krishnam70
    07-10 01:42 PM
    Wish you the very best byeusa......

    I might be moving to Canada next summer if there is no progress in my case here...My PD is Nov 2003 EB-3...I got my Canadian PR in May 2005 and I have until May 2008 to move.....So keeping my fingers crossed..I too work for a Canadian company in US.....Wish you good luck...


    we have until july 2008 to move in to canada, lets see its probably bye bye usa if something does not happen until then. tired of waiting for this elusive GC, my story is verry verry similar to byeusa..





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  • mallu
    02-15 04:41 PM
    ....

    The story is different for EB immigrants. Their eligibility does not expire. That's why it's possibile to recapture numbers from the previous years.


    So, my sending letter to pres. Bush to recapture unused visas is not a waste.





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  • saketh555
    09-15 06:08 PM
    I guess the priority dates for EB2 will hoover around 2nd Q of 2005. I came to this assumption after seeing mass approvals of 04 applications, looks like they are cleaning all 04 applications:rolleyes:.
    Can't really guess EB3, not even GOD.



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  • BharatPremi
    12-13 05:15 PM
    Isn't there any Indian lawyer who is a member of IV and can give some direction to this discussion?

    Yes, some law professional should really enlighten us for this deep waters.





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  • paskal
    12-13 01:28 PM
    --Any country's immigration policy has to have some control measures built into it. I cannot imagine any country opening its gates wide open for the entire world to migrate into her without any limitations. So the question is, whom to "restrict" and whom to allow? This leads to the same argument, do you see this "restriction" as discrimination? There are others who see as fair "reservation" for them.


    there is no "reservation", the nature of the clause is a cap, it does not give another country a minimum quota, it is written as a restrictive provision. and again- just because it benefits someone else does not make discrimination "right", in the strictest sense. right and wrong when it comes to discrimination are not relative. and if you believe they are, it's mighty slippery slope my friend because it does not take time to find yourself on the other side.

    --Good question. If we look at what qualifies a country to be included in the lottery program (oversubscription etc?), it would again lead to the "balancing" intent with regards to immigration.


    so why the double dipping? if the balancing is done, why the country quota? the result is that as i said more bangladeshis come in than indians...so what does over subscription mean in the end? again...why the need for the diversity lottery? the country quota already balances things....or not?

    "either it's wrong or right. the caste system is wrong, from every side of the fence. it may benefit some and hurt others. but it's wrong, wrong and wrong.
    same for this country quota. sure it helps some, and looks good from "their side of the fence". that does not change the fact that it is wrong."

    --You are opining that it is wrong. You cannot state that it is a fact


    you sound suspiciously supportive of the caste system. i will say it again. such a system is wrong. i do not care which side of the fence you are on. was depriving blacks from voting wrong? or was it ok from the white side of the fence? please think before you post.
    there is a difference between "something benefiting me so i justify it and fight to keep it" and being right or fair. everyone fights to keep what they have. sorry, still not right. and if you still feel the caste system can be justified as right from your (or any) side of the fence then let's stop here, we have no common ground. and i speak as someone with sufficiently "high caste" to have not suffered from it (so you know my side of the fence).

    one last thing, i find it hard to believe you are terming as "right" the idea that I as an individual should be held back 10 years longer than my colleague because of where i was born. any way i look at it...sorry...just not right.



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  • gomirage
    06-11 07:24 PM
    Congrats, you have arrived. Now, somebody, close the door please !!!

    To be honest, I do agree that the US needs qualified people with skillsets. The real question is "Are the people from the desi consulting companies the real qualified lot ? " Just to get my background details out of the way. I am a new member, from India ofcourse, and I have recently applied for my citizenship. Now with this huge deluge of immigrants, especially from the desi consulting companies, I feel that my quality of life is getting adversely impacted. Do not rush to conclusions that I am anti Indian or anti immigrant. 12 years back when I first got my H1 visa, the requirements to qualify were strict. Staffing companies to a decent extent followed rules and tried to get the best and the brightest. Once the dot com boom started, people from all walks of life entered IT. This was true of not just the Indians but also of people in the US. Soon after the bust, the value proposition from these staffing companies was simply low cost. This is not to blame the staffing companies. They behaved in an economically rational way.

    Consider this scenario. If you run a consulting company, wouldn't you try to maximize your profits by staffing people in projects at the least cost ? This is econmically rational. You wouldn't worry much about the quality of the deliverables and all you would care is to dump as many bodies as possible at the client site or offshore and get the maximum bang for the buck.

    In this scenario, how is it feasible to expect immigrational justice when the bodies themselves dont provide exceptional talent and skills but simply offer low cost ? Now you would be tempted to bring in the analogous case of illegal low skilled immigrants. Remember they are just that - low skilled workers. They dont "steal" the jobs of high skilled workers. But this dumping of IT workforce has completely brought down the standard of living of the IT workers here. To be honest, those who get green cards today would feel the same way five years from now when the next wave of so called "skilled IT immigrants" offer even lower wages and destroy the quality of life.

    In summary, this retrogression is good in a way. The truly best and the brightest would still be employed until their turn for adjournment comes in. Only the weak are currently scared of the delays. I went through the same torrid GC phase after the tech meltdown in 2001. I was not worried of my job then but many people whom I knew got clobbered and were forced to leave. This is the darwinian flush and it will take its toll. Trust me this the bitter truth. If you people still consider that all the people on H1/L1 are part of the best and the brightest, they are WRONG. Only a small % (probably 20%) are the true best and the brightest and a good 50% will be flushed out. Sorry to say this and hey give me the red dots.





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  • arnab221
    06-11 04:13 AM
    At least Mr Oppenheimer has told the truth that it is curtains for EB2 and EB3 India and China and brought all the hopefuls to the ground . Passing CIR is a distant dream.

    Thank you Mr Oppenheimer ! At least you had the guys to spell out the bitter truth , so that we could plan accordingly and plan our return .



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  • thepaew
    12-14 04:30 PM
    Well Said - I feel that this discussion is counterproductive. In my opinion (I am no lawyer but I feel strongly about this), there is no constitutional remedy available. The only accomplishment may be that we alienate non-Indian members.
    I know what I am about to say will trigger a lot of reaction and some resentment, but it has to be said on behalf of those who are not Indian. I think the per country limit is to ensure that people of all nationalities and races have an equal opportunity to obtain a green card and to ensure that no one nationality, group, or even sector (i.e. IT) monopolizes the so few visas that are available. In fact, in the visa lottery, countries become excluded when the number of immigrants from them reach a certain point, so we are lucky they do not do that in the Employment-based system!

    I think that by wanting to remove the per country limit so more Indians can avail of the green card quota is both asking for "special treatment" and a slap in the face for all the non-Indian IV members. The more I read the threads on this site, the more I feel that this organization is geared just to one ethnic group. I am sure that Indians probably make up the majority of members, but the founders of IV (I hope) did not want this organization to become one-sided! Please be considerate of ALL members and try to come up with suggestions that would benefit ALL members!!!:mad:





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  • shirish
    07-14 01:30 PM
    Hi,

    I applied for I-485 for myself , my wife ans son, on July 27th 07 (Thi sis the receipr date), My lawyer did not send the medical reports with the application. Currently the reports are with him. Medical exam was done on July 18 07. My PD will be current in Aug 08(as per the bulletin). I am sure i will get an RFE for the medical reports, and most probably it wil come in AUG 08 or later.
    My question is, do i need to go for medical exam again , or can my lawer send the reports that he has with him to USCIS in reply to the RFE? I am confused since, by the time i get the RFE, the reports would be more than 1 year old.

    -Shirish



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  • shukla77
    05-29 03:05 PM
    Can not agree more.

    We get engaged in all kinds of discussions EB1 Vs EB2, EB-I Vs EB ROW. bulletin predictions...But we all skilled immigrants can not figure out how to unite and resolve the big issue of backlog. When one person suggests any initiative( flower campaign, call campaign, letter campaign etc.) more 20 people hammer him or her and spend their full energy in proving how suggested idea will not work. Next time the guy does not even think about suggesting anything. On top of that some will come up with their line" Have you contributed, If not then do that first".Our lack of unity will keep us here for a long time to come. In coming months and years, some people will lose interest, stop visiting this site and move on. Others will come to see if there is any POSITIVE news and some will still keep fighting over the issues of EB1 vs EB2 vs India vs China Vs ROW.

    Good Luck


    to the others who are bitching and moaning about EB1's, a few months back we were worried about the EB3 converting to EB2..before that we were worried that EB3's were getting more visas than EB2's and so on.....we will keep fighting about the handfull of misallocated visas or work towards recapture.





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  • kshitijnt
    05-30 01:59 AM
    Gaurav, you are right on the it. I am not saying ignore or accept, but spend your efforts there where you can get maximum return.

    like creating new quota for PHD/Masters, Visa Recapture, removing country limit from skilled EB immigration and NOT counting family members/dependents in yearly limit. If we can get even one of above done, it would give the best mileage as compared to go all after EB-1 abuse. You surely can write to CIS/Ombudsman/whoever but support IV for above efforts.

    I very much like your suggestions. Even one of this will help the community a lot. Our community should act more like an "alliance based democracy" in India that comes together to serve common purpose where everyone has some takeaway. We should exit the partisan leg pulling business soon. It is more damaging than we think it is.



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  • longq
    02-14 05:42 PM
    How do you know what the "intention" was of the lawmakers that recaptured visas are supposed to go to the retrogressed countries. If that was the case they would have gotten rid of the 7% limitation along with the recapture.

    Most people who come on h-1b are Chines and indian. There was also close to 200,000 visitor visas approved in 2005 from India.

    I never said AC21 recaptured numbers only for China and India. The reason for AC21 recapture is , there was a huge backlog in EB visas for China and India till 1999. Remember again, there were no backlog in ROW then. If there were no retro in EB visas for India and China in 1999, perhaps, there might not be an any provision to recapture 100,000 visas in AC21 act in 2000 and ROW probabaly might have not enjoyed about 80 to 100,000 EB3 visas in 2005. (Out of 147,000 EB3 visas issued in 2005 India consumed only 23,000). ROW only enjoyed most of the AC21 numbers.





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  • snram4
    01-22 04:05 PM
    No need to regret. There are plenty of opportunities in India for right people. Salary is on par with USA.

    I pity people who have coming to USA is foremost objective. In my case, i came to USA 7 years ago. Atleast i earned few bucks. But people who are dreaming about USA and taking education loans with the intention to payoff once they land in USA. It also includes people coming here on F1 with intention to work here. I feel really sorry!!!



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  • jsb
    06-05 10:18 AM
    Not really the biggest barrier is same or similar job. It is absolutely unfair no not let someone grow into different areas and keep the job exciting. I personally had to pass on so many opportunities even within my own company because of similar job constraint. In fact in many good companies including mine the executives encourage you to get experience in different areas of business before you are considered ready for executive positions and the VP of my division clearly told this to my director that i need to move on to a different job area. In general the AC 21 is risky and if you are waiting for 6-7 years you may not want to take the risk as USCIS make decisions which are unreasonable. AC 21 is also not a law and is subject to interpretation. The deal is that it is completely unfair to not let a person grow professionally and let him or her try different careers. Granted some folks may like to stay in same job area and continue what they are doing and these changes will not impact them but for those who want to try something different every few years this same or similar job rule is a curse.

    EB is based on employer's need and sponsorship. Even AC21 is a deviation (in our favour) after 180 days wait. That seems fair, as permiiting you to ditch sponsoring employer soon after your filing for permanent residency could lead to fraud.

    Any suggested change should not appear to be too much deviation from the original intent. Best potential seems to be for USCIS to communicate preadjudiation decion to clients without waiting for the visa number (stating that the decison letter could be used for GC benefits, such as those given by EAD & AP, until such time formal GC card is issued, which could be done when visa number becomes available). This should reduce USCIS workload as they will not have to keep on working same cases again and again with frequent requests for FP, job confirmation letters, etc.





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  • srkamath
    07-26 11:24 AM
    It appears FB spillover is factored into EB quota in Sep bulletin every year.

    The FB spillovers are distributed @ 28.6% to EB1,2,3, just like the 140k base.
    Therefore if there are any FB spillovers left EB3 must not be "U".

    However, EB3 is completely "U"
    Therefore FB numbers have already been factored in the DOS calculations. How exactly? I don't know.

    Unused 28.6% FB spill from EB1 will of course spill over into EB2 IN/CH.

    vdlrao's estimates of ~30k FB numbers spilling over are for all EBs, there will be at most only ~ 20k FB spillovers into EB2, as EB3 has already consumed its portion.



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  • vivid_bharti
    09-04 11:20 AM
    If you and other who have problems with this thread, don't like this discussion than why do you guys bother to come on this thread, just ignore it....This is not contributing to anything. I dont think oposing parties in this discussion will ever come to an agreement so what is the purpose of carrying on. Please close this and lets concentrate on something else.





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  • BharatPremi
    07-26 04:09 PM
    I don't think there is any need to love any country, its just a place like any other. Within no time India has been divided into 3 countries (4 if you count Kashmir). The only important thing is to quickly migrate to the place you like most, everything else is a waste of time.

    Let me challenge you on the basis of what you wrote here.

    1) You wrote: The only important thing is to quickly migrate to the place you
    like most, everything else is a waste of time.

    Good Enough. No argument.

    2) You wrote: I don't think there is any need to love any country, its just a
    place like any other.

    Here I may not have a problem but Americans will surely have problem.
    They want such people from outside countries who are ready to be loyal
    to USA and ready to love USA as their future country.

    Upon identifying your IP Address and then Physical Address USA can ceratinly decide not to consider you as a candidate of Permanent Residency as you are challenging the base of this constitutional requirement for making you a permanent resident. :D What will you do then if USA gives you thumbs down?:rolleyes: :(





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  • nojoke
    12-11 12:32 PM
    The focus is shifting from housing to economy and jobs. With 500,000+ applying jobless claims in a week is horrific. People will soon be thinking 'can we send 10+ million illegal immigrants and 1+ million legal immigrants back home to get jobs for local people'. I find it would be tough now to sell the idea that immigrants can save the economy by buying house. If some bright politician gets the idea 'why not send the immigrants home and create jobs' we all will be in trouble. :(





    Legal
    07-22 09:38 AM
    USCIS TRYING ITS BEST, with the available resources, TO KEEP THE EMPLOYMENT BASED CATEGORY IN SHAPE.

    BUT THE REASON FOR ALL THIS MESS IS ITS WORKING WITH DECADES OLD IMMIGRATION RULES and WITH a HUGE DEMAND OF EB VISAS FROM A VERY FEW COUNTRIES.

    THE MESS IS WITH THE IMMIGRATION RULES, WHICH ARE WRITTEN DECADES BACK (MAY BE AT THAT TIME THE LAW MAKERS MIGHT NOT HAVE ASSUMED THE EB DEMAND WOULD BE FROM A FEW COUNTRIES LIKE INDIA and CHINA), BUT NOT WITH THE USCIS!!!!!!!!!!!!!!


    TIME is REACHED FOR IMMIGRATION REFORM.


    vdlrao,
    I totally agree with this. They have been trying hard to do the right thing WITHIN THE LIMITS OF CURRENT LAWS and be fair as much as possible.

    Do you agree with my statement there are 40k numbers available for EB which should be used up before Sep 30th? 20,000 each in August and September. And I bet that's what they are planning to do. I realize this could be wishful thinking . But everything points to that direction. Correct me if I'm wrong. Thanks.





    ivar
    06-15 12:05 PM
    For most of the ppl with hateful comments, Reality sucks and bites back. I agree with dilip and unfortunately, among billions voices and opinions dont matter. Just brutal personal attacks.

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

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

    Grow up folks.


    Dilips post is fine only in parts but most of it is totally crap. He says his living standard has gone down because of L1s and H1bs and herds people coming from india, Dude you need to understand that this recession has not been caused by H1b and L1s or other IT workers coming to US, its because of the real estate boom and foolishness of american people who believed that real estate prices will keep on rising to INFINITY.. i don't have to explain how this recession started i hope majority of the people knows about it.. so stop blaming IT workforce for your living standard.. another example.. just seen what happened to GM and chrysler.. they failed to understand the market for small cars and fuel efficient cars.. instead they produced gas guzzlers like hummers.. so do you think they have the brightest minds. We are in this deep shit because of the situations created by americans for themselves and now they want to blame it on legal immigrants for there wrong decisions..

    I believe in destiny or lucky whatever they call it.. its not always that brightest get their GC. I wished i was that bright and intelligent person to predict July 07 fiasco but unfortunately i quit my company in Mar 07.. and i know some people who used subsititued labor in July 07 have their EADs with them. Don't think just by getting a GC or citizenship will certify that your the brightest of all still waiting in the GC queue. I am not sure how many people believe in luck... but i do. I don't matter how bright you are and how hard you work you need some luck also..

    Thanks