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  • chmur
    02-21 10:18 PM
    I'd posted elsewhere about my Feb 13, 2008 conversation with the DOS official who sets cutoff dates:



    But his statement at the AILA meeting has been bothering me so I talked to him again today. Here is what he said -- that he is considering not only the EB-1 India excess, but the entire EB-1 worldwide excess being given to oversubscribed EB-2! I asked him about his earlier statement and he said that he had had a chance to look at the numbers and determine that unlike recent years EB-1 worldwide is not using numbers up at a rate that would max out EB-1 usage. BUT. He is waiting for USCIS to give him an estimate of the number of EB-2 India applications that would become eligible if he moves the cutoff dates up to 12/1/03, he will set the date ONLY after he gets that data and determines that there won't be too many within that cutoff date.

    I also asked him to confirm that he was relying on his interpretation of Section 202(a)(5) (http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=cb90c19a50729fb47fb0686648558 dbe) of the INA in order to proceed with this spillover. This is his current interpretation of that section -- spillover from EB-1 to EB-2 IF there appears to be a worldwide excess in EB-1, when there is no worldwide excess in EB-1 then country specific spillover for example, from EB-1 India to EB-2 India only etc. In past years like FY06, EB-1 ROW was looking maxed out, so barely any spillover from EB-1 to oversubscribed EB-2.

    is there not a better nuance way to divulge the details without revealing the source.

    What if someone at DOS creates problem for this gentlemen for discussing the PD's with you ahead .

    Please exercise caution





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  • snram4
    04-10 03:34 PM
    One of the main reason for EB3 in 2001 is From 2000 to 2003 they increased H1b from 65 to 180K. Most people came those time was BA, BSC and B TECH. So most would have applied by EB3 and also from 2000 more than 60% of H1bs were Indians. It may take a few more years to clear 2001 to 2003. But there could be some spill over from Eb2 in 2 years time. So from 2012 Eb3 may move fast. Still 7 to 10 years waiting period may not change unless some bil or CIR is passed. But it should be noted that H1B Cap applications received this year is around 13500. So past 2 years slow down will make PD to improve.

    We are looking at Annual Report of Immigrant Visa Applicants - http://www.travel.state.gov/pdf/WaitingListItem.pdf

    On Page 1. - "The petitions of applicants who will be processed at an overseas post are forwarded by CIS to the Department of State"

    Our Interpretation: As USCIS processes I140 Applications, and I140 Applications has Field for Consular Processing options, they would Direct those Applications to DOS Via Above Process.

    Question:
    Are this Numbers are total VISA demand recorded at DOS?

    Anybody other Views?





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  • ramus
    07-03 05:32 PM
    Please ask others to do it now...

    Thanks.





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  • mbawa2574
    02-17 09:02 AM
    don't worry my friend.. it's not u.. that dummy has been using this fascist style of discussion on all threads
    just ignore him.. it infuriates him like hell.. u'll be amused with his later responses :)

    Since you support racism, looks like fascism is in your blood. Looks like you belong either to some neo-nazi fascist gutter country or u got some relationship with nazis. No mentally stable person can support racism. Again this is a forum which has a Indian and Chinese majority. We will kick your ass if you offend them with your damn racism or white power mentality.Now go and crawl in your gutter you cockroach.



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  • hpandey
    04-10 11:17 AM
    seem kind of depressing . It looks like there are a lot more people from mid 2004 and before than from 2005 onwards.

    is the sample size too small ( 939 people only ) or does it really signify that even the end 2004 people are in for a long long wait !!:rolleyes:





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  • dankusam
    12-12 09:39 PM
    Hi could someone please show me how to write the letter to explain reason for AP? Should I explain why I am leaving or emphasize on the need to come back?

    Also, in the e-filing form the oversea address is not required as it does on the paper form, should I provide it anyway as the supporting doc?

    Thanks much!!



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  • ndbhatt
    06-10 09:04 PM
    I disagree that it effects EB Community for EAD holders. COming on to options if the amendment stands it might take the form of TARP - God Forbid. Everyone of us predicted Financial industry has so much clout etc.. but those days are gone. I think US companies have decided to bend to laws and find ways to overcome them.

    Reg. Options : we are here to earn bread. Just FYI for countries like Canada they have already closed gates. for Ppl who already have PR's over there life is not easy as "is" here right now in getting jobs. Moving the all operations to different country is only possible for companies like Microsoft. not all. btw no one will hire undocumented.

    So we need to really motivate ourselves and friends against this headless draft version. This is not first time it came in to light everytime there was a immigration issue it used to come on top. But it failed as climate was cordial for immigrants or economy was good. Things have changed far far beyond in 2008 and TARP bill restrictions is one example where companies decided not to hire H1B at all (mostly) even it applies to TARP recipients.

    My thoughts.
    I humbly disagree with you on TARP analogy. TARP was due to direct funding by Government to save "Too Big to Fail" companies and obviously they had a say in that case since it was tax payers money. The focus was only on those limited companies. Having said that this text has a wider repercussions and doesn't spare anyone, whether they are financially sound or goverment funded.
    I completely agree with you that US offers better job prospects and earning potential. However, when the noose around the neck turns tighter with such "headless" bills, people will sooner or later, start looking at options.
    Trust me companies don't hesitate to move on if the environment isn't business friendly(reasons are higher tax, difficulty hiring immigrants, finding people with right skillsets, and so on) as they are more accountable to shareholders and they would care less if it is US today or Brazil tomorrow, the show must go on.
    You have heard of horrific stories of people getting CDN PR and hard to find jobs. Failure stories show up lot quicker than the success stories. I have known three close ones who are well placed in Canada.

    There are always two sides of coin and so is the half glass full, a half glass empty.
    Bottomline is if such bills turn into bill, its not just immigrant community but the economy as whole gets impacted.

    Bhattji





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  • nandakumar
    11-21 02:30 AM
    I also got a letter with same information.

    Today I got the second letter from USCIS regarding this request. The letter says they accepted the request and put in the pending que.

    Also the letter says, "your request is deemed to constitute an agreement to pay any fees that may be chargeable up to $25.00" and continues and finally it says "most requests do not require any fees and if fees in excess of $25.00 are required, we will notify you beforehand"

    Jusy wondering any one got this reply..



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  • cgs
    11-22 02:54 PM
    I think the salary mentioned in H1B petition could be different the one in LC. Employer is bound to pay the salary mentioned in the H1B while employee is on H1B, the salary mentioned in LC only needs to be honored after obtaining GC.

    And how about the job title mentioned in the both petitions, could it be different?

    For most of the people GC processing might start after 3 years working on H1B, and this might allow the changes.
    Please correct me if I am wrong.
    It is my understanding that when applying for a GC, until you have your LC approved (and possibly I-140), you cannot change your title or salary, beyond what was submitted in the LC application. Technically, the DOL is verifying a 'job' (and the salary related to that job), so in theory, that can't change, not because the employer doesn't want to, but because the law doesn't allow it.

    Now, an employer may unofficially get around this (by increasing your bonus payout, or giving you stock, or changing the internal level of your job), but these are 'handouts' that you may get if your employer is fair.

    With the backlogs that are in effect for pre-PERM LC approvals, employees can go from 1-3 years without a salary or promotion/job title change, and that is the law! Go figure.





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  • alisa
    01-26 08:06 AM
    Because the alternative is to
    a) sit at home and
    b) bitch about retrogression.

    I am from ROW, and so I am not so severely affected by retrogression. However, I am still fed up of looking at visa bulletins every month, and running into people with stupid freaking smiles on their face, resigned to not doing anything and just bitching about how screwed up the whole thing is.

    There is a way things are done in this country. We owe it to ourselves to try that.

    And if we don't let people who can make a difference know what our problems are, then we should only blame ourselves.

    Like I had said earlier, the purpose of this thread is to come up with the best model possible with the limited data and resources available, that can predict the current dates for PD.

    I am pretty sure that a poster, in the form of a visa bulletin, dated 2020, showing that the priority dates of 2003 are finally current, in an indian grocery store, will get a lot more attention and funding for this forum, than anything else.


    I (and may be lot of others like me) want to care about IV & want to contribute to IV. But there has not even a single thread of good news for last several months. This is very demotivating. I have contributed only once. Every time I visit this site, I feel guilty of taking a free ride. But at the same time I find it hard to make any contributions with nothing happening on the horizon. Currently it looks like what ever is happening or going to happen with CIR etc is just moving at its own pace. If we can not expedite it, then what is the use? in any case congress will pass some relief for skilled workers when CIR comes up.



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  • chanduv23
    11-21 10:31 AM
    I was one of the first few folks who moved on, immediately after the yates memo. I am a lot better now and making 2 times what I used to make and also switched to ebb2 as oppossed to eb3 in my old company where situations have never been good.





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  • angelfire76
    02-13 04:07 PM
    His views are distorted.

    Can Americans go to India on H1B or similar visa to get work? No? Well, so think about it.

    They can get a work permit to work in India. The only requirement is that they have to sign on a police register every month or so. This is because Indian Immigration still has not yet computerized all their records due to little to no demand.
    Companies like Infosys and Wipro do hire MBAs and Engineering undergrad students to train in their India offices to understand their business model.
    Wait a minute, you are from Germany, a historically xenophobic state. :rolleyes:



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  • 485Question
    09-18 10:46 PM
    All I want to stress are these keywords in all our prints "Legal - Highly Skilled"

    And well learned.





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  • kumarc123
    10-19 02:28 PM
    Just imagine the cowardice of these people!. Online forums already have sufficient anonymity that you dont have to reveal your true name. Despite that people hide behind comment system to give reds (and tell things like "you suck" and what not). I hope the admins shut down this misused feature. Or make the system non-anonymous so that we can drag out these people and take up their comments in open forum.

    Hello there,
    I cant less concur to what you jsut said, if someone has something to say and critique , they can very well post their response or send a private message.

    Anyways the focus is the campaign. Have we decided on what and when we should do this flower campaign?

    I request all IV members, to please unite and do something, we all need to be mobile and create more awareness.

    Have we all forgotten how much publicity we got in 2007? lets all wait till the election day is over and the right candidate is elected.

    Then we should plan a rally.


    I am lucky, because I work hard. We all can be lucky as well, all we need to do is, work hard on these rally's. A flower campaign, a rally and maybe someone earlier suggested the EB community should take one day off work and attend that rally. This way, they will understand our Importance



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  • gc28262
    06-11 09:36 AM
    resent it !





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  • GCDream
    02-09 04:23 PM
    They wasted 580 EB3 India visas last year (2009).
    Total available EB3 India GC Visas per year: 2802
    Used: 2222

    http://www.travel.state.gov/pdf/FY09AnnualReport_TableV_2.pdf



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  • jayleno
    09-05 02:39 PM
    I can understand why an individual fake resonably to get a job, though I do not support it. I dont understand these stupid companies hiring the desperate students and doing all these stuff in the name of business. I dont know how people who have those companies do all this stuff just for extra money and sleep peacefully at night.

    I can put 100 arguments in support of MS students graduating and trying to get into a new job. Similarly you can come up with 100 other arguments that they are all non ethical and lies.

    It is more costly for companies big and small to hire a new grad, train and eventually have him work on the business and that process is carried only by a minute percentage of all the companies that do business and also they look at elite schools.

    Every MS student has to undergo a vigorous financial crisis situation there by the time they graduate they are left with no choice other than accepting what ever comes there way, at the earliest.

    They don't have the liberty financially as well as law wise to sit and try for 1 year to get into a full time job. Given those kind of situations it is nothing wrong in projecting themselves to certain years of experience.

    At the same, contracting, consulting is all about this. When no party likes, they can always let go.

    -the116





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  • ghost
    08-11 11:46 AM
    You put it out well from your side.
    BTW, are you really 2007 EB3 I? Do you have a guesstimate on when you would get GC?:rolleyes:

    Folks,

    In our legal immigrant community, we have the following Groups (G) of people:

    G1) Handful of leaders - folks who clearly understand that only legislative fixes and administrative fixes can provide realistic help
    G2) Dozens of volunteers - who are willing to take that extra step and contribute time and effort for the sake of others
    G3) Hundreds of donors, both regular or one-time - who trust IV leadership and commit to the cause without any qualms whatsoever
    G4) Thousands of members - who try to understand the issues we are facing but do not have a realistic assessment of how bad things are
    G5) Many more - who either are not bothered by this wait or who simply gave up on this process and became dormant of some sorts of their career


    While the predictions thread provided some clarity and entertainment for EB2 folks, this September 2010 bulletin is a blessing in disguise for all of us.

    Current state of our Members (M):
    M1) We have recently greened EB2 folks (2005-2006 EB2 folks), who have a fresh memory of the painful wait
    M2) We have folks who relied on predictions (May 2006 - Jul 2007 EB2 folks), who must be frustrated and disappointed with today's bulletin
    M3) We have folks who were looking forward to Jul-Sep 2011 (Aug 2007 - Dec 2008 EB2 folks), who now realize that their wait is even longer than assumed
    M4) We have EB-3 folks waiting forever and feeling that they are being neglected in IV advocacy efforts


    Folks who are in M2/M3/M4 state above should take some time and contemplate the options they have between now and Sep 2011.

    I can see three Options (O):

    O1) "Wait and Watch" option:
    This applies to folks who are either close to the PD being current or folks who are on EADs or folks who are happy with their current career state

    O2) "You are on your own" option:
    EB-3 folks - can try find a job where the employer is ready to start their EB-2 GC process within the next 6 months (make sure your current GC application has an approved 140)
    EB-2 folks - can try find a job where the employer is ready to start their EB-1 GC process

    O3) "We are in this together" option
    All EB-2 and EB-3 folks sign up for a concerted effort where IV leadership is in the driver's seat.

    Each one of us should be able to relate to one combination of Group/Member/Option (GMOs) from the above list. Personally I'm G3M3O3, what are you?





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  • SpookyH1Alien
    11-13 02:47 PM
    I am with you !! Lets do whatever it takes to get the spill over. Thats our only chance.





    yetanotherguyinline
    06-11 03:27 PM
    Letter printed out and mailed via snail mail.





    psaxena
    11-17 06:25 PM
    And you are a perfect desi... who wants to get everything without giving anything and to add on to that provoke others and distract them.

    Nothing is free, and nothing will happen over night. It takes time and political to get these things done.

    Think for a second ..
    how many members are there on IV = More than 30000
    How many donate = less than 200 give or take
    How many yell and suggest and expect that core will leave everything and start working on the suggestion = Everyone

    Now if you are in this situation , where you are not even responsible to do anything for anyone(like desi politician)... would you even do what IV is doing? No, forget that you won't even think of creating IV.

    So you know my next sentence.. keep it low and be out .. or sober up and get in line and be the one to do the right thing so that you can look into your eyes in the mirror next time.




    IV is acting like a desi politician.. paisa do and shut up..we know what we are doing....they refuse to even entertain such alternate remedies.

    like i had said in my earlier post.. If you pay a BYTCH.. she will sing what you want to hear..hence the fake promises of CIR being a reality..and all.. (remember that 588x bill fiasco) and NOW we know..from the horses mouth.. CIR is dead for the near foreseeable future.

    So i think we should pursue alternate reliefs with immediate effect.

    just my 2cents.



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