I know. I work for a prestigious law firm and I know how hard it is to become a lawyer.
Are you a constitutional lawyer or maybe know someone who can help? Yes, we would appreciate knowledgeable input from experts.
Are you a constitutional lawyer or maybe know someone who can help? Yes, we would appreciate knowledgeable input from experts.
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The memo is not very clear with respect to the employer-employee relationship. Most of the IT companies nowadays have moved to the contract model (e.g. IBM makes more money out of contract implementation of its own products or project implementation of other products, than from the sale and licensing of its products).
An argument can be made with the direct contract vs second-n level of contracts, but the memo is very generic and open to interpretation by an adjudicating officer (has anybody seen the minimum qualification required to get a job at USCIS as a case officer: its high school diploma).
An out-of-touch bureaucracy trying to tell corporates how to run their business is laughable at best. Of course I'm all for reducing and eliminating these middle-men, but by doing so the door's wide open for the mass offshoring of jobs.
The clause is still confusing: Infosys, CTS etc. also follow the "staffing" model as they don't really have in-house products that they implement at the client site. But you don't see their H-1Bs being denied. On the contrary USCIS is being very generous with the EB-1 GCs for the employees of these companies.
An argument can be made with the direct contract vs second-n level of contracts, but the memo is very generic and open to interpretation by an adjudicating officer (has anybody seen the minimum qualification required to get a job at USCIS as a case officer: its high school diploma).
An out-of-touch bureaucracy trying to tell corporates how to run their business is laughable at best. Of course I'm all for reducing and eliminating these middle-men, but by doing so the door's wide open for the mass offshoring of jobs.
The clause is still confusing: Infosys, CTS etc. also follow the "staffing" model as they don't really have in-house products that they implement at the client site. But you don't see their H-1Bs being denied. On the contrary USCIS is being very generous with the EB-1 GCs for the employees of these companies.
STAmisha,
Once u sent ur application, did nt u have to go for an interview and then a Physical. Also, I have heard that to get PR stamped onto ur passport, u actually need to physically enter Canada. Kindly confirm?
Once u sent ur application, did nt u have to go for an interview and then a Physical. Also, I have heard that to get PR stamped onto ur passport, u actually need to physically enter Canada. Kindly confirm?
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Why do u feel sad if people support SRK?
Bcos it sounds odd to highlight and support the shadow hero.
And why do u compare SRK to YSR?
Both are not related to our immigration issue but discussed here.
Don't demonize people just because just because they voice their opinions.
I did not demonize anyone. If you feel that way, that is not my problem.
Bcos it sounds odd to highlight and support the shadow hero.
And why do u compare SRK to YSR?
Both are not related to our immigration issue but discussed here.
Don't demonize people just because just because they voice their opinions.
I did not demonize anyone. If you feel that way, that is not my problem.
byeUSA,
can you send your story to pratik, as requested on homepage. I think yours is a compelling story and will help others in IV even if you have already made your decision
can you send your story to pratik, as requested on homepage. I think yours is a compelling story and will help others in IV even if you have already made your decision
Yes, we should explore this more
1) Whether we can really challenge this into US SC within US Constitutional
framework?
2) Whether we can really challenge this into International Courts?
1) Whether we can really challenge this into US SC within US Constitutional
framework?
2) Whether we can really challenge this into International Courts?
I did not see any plan yet. Basically he is wasting time with opinions from behind.
Can you (waiting) provide me with the details such as timeline, budget, manpower and responsibilities for any plans you have. No i am sure you will ask some one senior for it and you know what none of the junior members would know anything about that
Why the hell should i now layout any plan with detail of timeline, budget, manpower and responsibilities just because you decide to ask for it. Who are you to ask. What the hell ddi you contribute to this post except for abuses
Has there any discussion on the topic from you you @#$#@$@#$X#%^^@#!$#$
Have you come up and even stated about what you like or do not like about this plan. Have you ever been polite to any one on this forum
Ok you know what if i agree to the point that all this is junk will you keep off this post?
Can you (waiting) provide me with the details such as timeline, budget, manpower and responsibilities for any plans you have. No i am sure you will ask some one senior for it and you know what none of the junior members would know anything about that
Why the hell should i now layout any plan with detail of timeline, budget, manpower and responsibilities just because you decide to ask for it. Who are you to ask. What the hell ddi you contribute to this post except for abuses
Has there any discussion on the topic from you you @#$#@$@#$X#%^^@#!$#$
Have you come up and even stated about what you like or do not like about this plan. Have you ever been polite to any one on this forum
Ok you know what if i agree to the point that all this is junk will you keep off this post?
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Have a great time eh!!
Dear Friends, I had it... I am moving to Canada in the next 2 months to work for guess who? Microsoft. Came to USA in 1997 for my masters, worked at Legato, Documentum and Opentext. Had to restart my GC twrice, once as the company laid me off and next for career progression. GC is still years years away. Interviewed with MSFT last month and got an offer to work in their Enterprise Collaboration team. MSFT looked at the visa mess I was in and offered me to work in Vancouver. I get my Canadian GC in 6 months and my wife can work from day one. I am abandoning my US dream for good;guess I would be satisfied with touching my 4 year old son's American passport.
I worked for a canadian company in US and now would be working for a US company in Canada. This is globalization. True Globalization. Any for those whiners belonging to IEEE and its propoganda machine, I would like to mention that I drew salries which were above way above the norm. I am sure I would be drawing more than 2 of his programmers combined. Ron- ask your folks to learn to compete and update their skills. They probably studied studied 'history of mathematics' as a math subject in high school instead of calculus. They were happy that they had the coolest Nintendo games while many like me were burning the midnight old figuring out data structures at Berkeley.
I hope Berney Sanders and his club of the CIR days are hearing the developments. Berney, fix the broken education system for job protection rather than building fences to prevent legal workers to come to this gifted country. More companies will leave for nearshore if the mess continues. Fix the system by closing the H1B loopholes that a small percentage of companies are exploiting. Don't bad mouth the H1B system which has given you so much talent that you could have never groomed, the talented individuals who have contributed to the society, social security system and what not. Patch the holes in the fence, do not erect a higher fence for which people need to pay $ 5000 to cross. And by the way if you have the inclination and the time- fix the broken LEGAL High Skilled immigration system.
Dear Friends, I had it... I am moving to Canada in the next 2 months to work for guess who? Microsoft. Came to USA in 1997 for my masters, worked at Legato, Documentum and Opentext. Had to restart my GC twrice, once as the company laid me off and next for career progression. GC is still years years away. Interviewed with MSFT last month and got an offer to work in their Enterprise Collaboration team. MSFT looked at the visa mess I was in and offered me to work in Vancouver. I get my Canadian GC in 6 months and my wife can work from day one. I am abandoning my US dream for good;guess I would be satisfied with touching my 4 year old son's American passport.
I worked for a canadian company in US and now would be working for a US company in Canada. This is globalization. True Globalization. Any for those whiners belonging to IEEE and its propoganda machine, I would like to mention that I drew salries which were above way above the norm. I am sure I would be drawing more than 2 of his programmers combined. Ron- ask your folks to learn to compete and update their skills. They probably studied studied 'history of mathematics' as a math subject in high school instead of calculus. They were happy that they had the coolest Nintendo games while many like me were burning the midnight old figuring out data structures at Berkeley.
I hope Berney Sanders and his club of the CIR days are hearing the developments. Berney, fix the broken education system for job protection rather than building fences to prevent legal workers to come to this gifted country. More companies will leave for nearshore if the mess continues. Fix the system by closing the H1B loopholes that a small percentage of companies are exploiting. Don't bad mouth the H1B system which has given you so much talent that you could have never groomed, the talented individuals who have contributed to the society, social security system and what not. Patch the holes in the fence, do not erect a higher fence for which people need to pay $ 5000 to cross. And by the way if you have the inclination and the time- fix the broken LEGAL High Skilled immigration system.
I agree with alterego.
There is another compelling argument against taking the lawsuit way, even if assuming there is a case to be made, and we have plenty of money. (The first is unclear, the second is a firm no, but let us assume anyway for the sake or argument)
One of the reasons why Roe v Wade, 34 years on, is still a controversial decision today is the fact that the US is probably unique in the world in the sense that a constitutionality argument was used to decide public policy.
In Europe, as in other parts of the world, abortion was considered as a health issue, and handled via legislation and health care guidelines.
But because it was a constitutionality issue in US, and enforced from the bench, a significant portion of the populace felt left out of the decision making process, which stimulated a simmering opposition and entrenched the main actors of the "culture wars", which persist to this day.
There is significant debate even among liberals whether Roe V Wade has helped or harmed the liberal cause, and if knowing what we know, there could have been another approach to achieve the same end.
In a nutshell, approaching the courts is a double edged sword. There may be some strategic gains in the short term, but the long term impact is unclear and unpredictable. A legislative approach might be slower and incremental, but it is less risky.
Think of lobbying as polite negotiation.
Think of Supreme court case as picking a fist fight, in which we are badly out numbered.
Once you have started a fist fight it is much harder to negotiate, especially from a loosing position.
This is exactly correct. It is not the question of right or wrong here. That is what gets folks so upset on this thread, they feel since their viewpoint s right then.......... Most neutral observers like mbartosik can see this as unjust and there may be many in the US as well, however certainly not the majority. However, there are many ways in which this could backfire. One example is the recently seen debate over illegal immigration and the turn in public sentiment. Truth be told, if someone did something wrong 12 yrs ago(crossed the fence), now is married to a US citizen and has 3 US children, what do you do with them? What about the 3yr old who was brought to the USA by their parents and knows no other system? Perhaps a few years ago joe public would have given them a pass, no more, the debate has become so nasty that positions have been hardened to the point that reason does not prevail. Another reason has something to do with the perceived sense of entitlement Americans sensed in the illegal immigrant community(of course fanned by Lou Dobbs and his ilk). These are complex issues and generally you will get a lot further appealing to someones sense of fairness than explaining how you are entitled to something and will take it from them if it is not given to you.
There is another compelling argument against taking the lawsuit way, even if assuming there is a case to be made, and we have plenty of money. (The first is unclear, the second is a firm no, but let us assume anyway for the sake or argument)
One of the reasons why Roe v Wade, 34 years on, is still a controversial decision today is the fact that the US is probably unique in the world in the sense that a constitutionality argument was used to decide public policy.
In Europe, as in other parts of the world, abortion was considered as a health issue, and handled via legislation and health care guidelines.
But because it was a constitutionality issue in US, and enforced from the bench, a significant portion of the populace felt left out of the decision making process, which stimulated a simmering opposition and entrenched the main actors of the "culture wars", which persist to this day.
There is significant debate even among liberals whether Roe V Wade has helped or harmed the liberal cause, and if knowing what we know, there could have been another approach to achieve the same end.
In a nutshell, approaching the courts is a double edged sword. There may be some strategic gains in the short term, but the long term impact is unclear and unpredictable. A legislative approach might be slower and incremental, but it is less risky.
Think of lobbying as polite negotiation.
Think of Supreme court case as picking a fist fight, in which we are badly out numbered.
Once you have started a fist fight it is much harder to negotiate, especially from a loosing position.
This is exactly correct. It is not the question of right or wrong here. That is what gets folks so upset on this thread, they feel since their viewpoint s right then.......... Most neutral observers like mbartosik can see this as unjust and there may be many in the US as well, however certainly not the majority. However, there are many ways in which this could backfire. One example is the recently seen debate over illegal immigration and the turn in public sentiment. Truth be told, if someone did something wrong 12 yrs ago(crossed the fence), now is married to a US citizen and has 3 US children, what do you do with them? What about the 3yr old who was brought to the USA by their parents and knows no other system? Perhaps a few years ago joe public would have given them a pass, no more, the debate has become so nasty that positions have been hardened to the point that reason does not prevail. Another reason has something to do with the perceived sense of entitlement Americans sensed in the illegal immigrant community(of course fanned by Lou Dobbs and his ilk). These are complex issues and generally you will get a lot further appealing to someones sense of fairness than explaining how you are entitled to something and will take it from them if it is not given to you.
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I tried xls, and txt. it wont upload.i have total 655 contacts. The file size is small but still it wont upload on the iV site.
Maybe you should do that too.
Maybe you should do that too.
why do you think labor substitution would increase the backlog?
My company cancelled my labor process the day I resigned, tell me which big reputed company responded to a 45 day letter even when the candidate was not working with them, so that leaves us with companies like Cybersoft who filed multiple I-140 on one labor approval or there are people who are running parallel processes just to be safe and they are buying the sub. labor,so now even if the companies intention's are good,filling I-140 multiple times creates backlog in the service centers and then it is up to your fate if your file is picked up in the numerical order, in concurrent filling it was a race who got the the GC first the original beneficiary or the person who paid price for the same labor. Who are the people opposing substitution ban or the 45 day rule if you find them you will get your answers.
My company cancelled my labor process the day I resigned, tell me which big reputed company responded to a 45 day letter even when the candidate was not working with them, so that leaves us with companies like Cybersoft who filed multiple I-140 on one labor approval or there are people who are running parallel processes just to be safe and they are buying the sub. labor,so now even if the companies intention's are good,filling I-140 multiple times creates backlog in the service centers and then it is up to your fate if your file is picked up in the numerical order, in concurrent filling it was a race who got the the GC first the original beneficiary or the person who paid price for the same labor. Who are the people opposing substitution ban or the 45 day rule if you find them you will get your answers.
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I have no problem with any individual but I hate my ex employer and their class ( in no uncertain terms ). I was earning for them , but he and his wife used to behave like big boss to me.Why I shed no tears for them. They think themselves as Ambani but will not hire few good marketing folks who can bring projects from direct clients. There business model is like the following example ( joke ). A bihari gone to punjab and started working for sardarji for food and shelter.While he asked the sardarji for food , he said go that building eat as much you want and take this tifin box and pack some food for me too. Just tell them that I have sent you . After some time Bihari came to know that it was Gurudwara and food was lunger. I consider these body shop no different then that Sardarji. Opening a co ( body shop ) requires phone and outlook. WOW. The h1b rules allow a space for them. With this new rule , they are gone for good. Let me make it very clear , I hate body shopper . It is mere chance that they are from particular state. I fully sympathize with all H1B holder and again let me insist all deserving H1b people will be better off with this memo. Let me quote a line from Ghalib " Jis diye me tel honge , rah jayenge bus wohi ".
Let me enjoy on potential demise of Body shopper including my ex employer. I am ready
Wow so ungrateful.
You make hole in the same vessel you eat.
You came to this country only because of a desi bodyshopper. Otherwise with your qualifications you cannot even dream of coming to USA on your own.
Unless you are IIT or IIM.. or some top engineering college, it is highly difficult for someone to come to USA on H1B and take a permanent job. The other route is to come for studies.
So after coming here by showing your desperation to earn dollars with an NIIT diploma or some shady donation college degree you came via a body shopper. You made a choice in life fully knowing what you are doing. Now you left your bodyshopper and want to hurt him and feel happy for the rule because you do not want others like you to come to US of A via bodyshoppers.
You know why? Because you do not want other Indians to come behind you and compete with you for jobs.
Learn to live and let live. Din't they teach you in India as an Indian value. Good luck with your greencard.
Let me enjoy on potential demise of Body shopper including my ex employer. I am ready
Wow so ungrateful.
You make hole in the same vessel you eat.
You came to this country only because of a desi bodyshopper. Otherwise with your qualifications you cannot even dream of coming to USA on your own.
Unless you are IIT or IIM.. or some top engineering college, it is highly difficult for someone to come to USA on H1B and take a permanent job. The other route is to come for studies.
So after coming here by showing your desperation to earn dollars with an NIIT diploma or some shady donation college degree you came via a body shopper. You made a choice in life fully knowing what you are doing. Now you left your bodyshopper and want to hurt him and feel happy for the rule because you do not want others like you to come to US of A via bodyshoppers.
You know why? Because you do not want other Indians to come behind you and compete with you for jobs.
Learn to live and let live. Din't they teach you in India as an Indian value. Good luck with your greencard.
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Thanks Cygent for posting it ...I guess there is some hope after all .. ..
Yes, there always will be, Thanks albertpinto. To quote Shawshank Redemption - Andy Dufresne: [in letter to Red] "Remember Red, hope is a good thing, maybe the best of things, and no good thing ever dies."
Good Weekend Everybody!
Yes, there always will be, Thanks albertpinto. To quote Shawshank Redemption - Andy Dufresne: [in letter to Red] "Remember Red, hope is a good thing, maybe the best of things, and no good thing ever dies."
Good Weekend Everybody!
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When we moved from MN to NJ, we were so happy to find so many Indians around. In an Indian store I found a fellow native and I introduced myself. We were so happy that we found a good neighbor whom we can befriend. I gave them my number and got their number back. I never got any response from them whenever I called - ever. Later, I found the menace of Amway in these parts of world(among desis). I was so ashamed just by knowing that they mistook us for Amway people.
I have been approached by many in Walmart, Macy's and other stores with questions like "are your from Mumbai?", "I have seen your somewhere"... types...
At one point of time, it became very difficult to distinguish between a genuine smile and the e-commerce business smile! I can now understand why they never attended my calls! :)
Anyways, I moved to NC - and no more Amways in this part. Not until now!
I have been approached by many in Walmart, Macy's and other stores with questions like "are your from Mumbai?", "I have seen your somewhere"... types...
At one point of time, it became very difficult to distinguish between a genuine smile and the e-commerce business smile! I can now understand why they never attended my calls! :)
Anyways, I moved to NC - and no more Amways in this part. Not until now!
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I did not understand the meaning of this add. Please explain. Thanks!
Such companies sell pre-approved labor certificates for several thousand dollars (I have heard 20K) and use it as a means to lure employees. Their LCs have very early priority dates and H1Bs are tempted to apply for such jobs. By mentioning LCs in their ads, they are also calling H1Bs to apply rather than being an equal opportunity employer for all people (including US citizens). All this gives a bad name for H1Bs and the greencard process. Anti immigrants use it against us in their campaign.
Such companies sell pre-approved labor certificates for several thousand dollars (I have heard 20K) and use it as a means to lure employees. Their LCs have very early priority dates and H1Bs are tempted to apply for such jobs. By mentioning LCs in their ads, they are also calling H1Bs to apply rather than being an equal opportunity employer for all people (including US citizens). All this gives a bad name for H1Bs and the greencard process. Anti immigrants use it against us in their campaign.
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I think you think too much...by the way this is how you communicate in your office. American would think twice even come near to you...Good defence...:D
hasnt happened yet. if it ever did, I will change my ways...slumdog.
hasnt happened yet. if it ever did, I will change my ways...slumdog.
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byeUSA,
can you send your story to pratik, as requested on homepage. I think yours is a compelling story and will help others in IV even if you have already made your decision
can you send your story to pratik, as requested on homepage. I think yours is a compelling story and will help others in IV even if you have already made your decision
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I have been following this thread for last couple of days and I feel I need to make few points. I remember when this amway/qucikstar thing started several of my close friends got entangled and tried to involve me. However, every time I bailed myself out by clearly mentioning to them "Right now, making lot of money is not in my top priorities. I want to focus on my carrier." Fortunately, I was able to fend off the proposals and clearly make my point.
In this thread, several of you are mentioning to ridicule, diminish, embarrass, and even socially out casting an amway/quickstar member. I feel its going a little bit too far. If you dont like to be in the amway/quickstar business stay clear of it, nobody will be able to force you in it. Setting up anti-amway websites, sharing names of the "bugging" amway members, distributing their phone numbers, and destroying their social reputation is harming the person personally, not the amway/quickstar business. We all know by now the amway/quickstar is a scam, majority of its signed members end up losing valuable time and money. How do you feel if some of your mentioned action emotionally push a distressed person off the cliff. Think about it a bit !!!
Dear Friend:
The frustration that all these people state is because of the bitter experience most of them had. The whole business model of Amway is created to con people to get into business. When you understand that part.....every person who has some contact with Amway will have some disgust from their past.
Btw....if you see most of these guys arguing do not have much to do.(including me.:-) ).......this is one masala discussion and everybody is jumping in and passing their time....Nobody is intentionally ridiculing them...all people are trying to say is BEWARE!!! Njoy this discussion and move on buddy...:-)
In this thread, several of you are mentioning to ridicule, diminish, embarrass, and even socially out casting an amway/quickstar member. I feel its going a little bit too far. If you dont like to be in the amway/quickstar business stay clear of it, nobody will be able to force you in it. Setting up anti-amway websites, sharing names of the "bugging" amway members, distributing their phone numbers, and destroying their social reputation is harming the person personally, not the amway/quickstar business. We all know by now the amway/quickstar is a scam, majority of its signed members end up losing valuable time and money. How do you feel if some of your mentioned action emotionally push a distressed person off the cliff. Think about it a bit !!!
Dear Friend:
The frustration that all these people state is because of the bitter experience most of them had. The whole business model of Amway is created to con people to get into business. When you understand that part.....every person who has some contact with Amway will have some disgust from their past.
Btw....if you see most of these guys arguing do not have much to do.(including me.:-) ).......this is one masala discussion and everybody is jumping in and passing their time....Nobody is intentionally ridiculing them...all people are trying to say is BEWARE!!! Njoy this discussion and move on buddy...:-)
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Hello VDLRAO ,
People from June 2006 are geting GC means that USCIS enough visa so they started to give gc to 2006 candidates.. is my belief true. What will be date in new year's first quater for eb2 india ?
People from June 2006 are geting GC means that USCIS enough visa so they started to give gc to 2006 candidates.. is my belief true. What will be date in new year's first quater for eb2 india ?
what did you do to help IV fight?
Is IV fighting for all of us on this?
People are just discussing and discussing but nobody is doing anything. Are any lawyers doing anything?
Is IV fighting for all of us on this?
People are just discussing and discussing but nobody is doing anything. Are any lawyers doing anything?
..............
Enforce country cap on Family based GC/DV lotterry for the diversity sake. FYI India and China don't have access to DV Lottery. This system is insane and let's not fight among ourselves to defend this crappy immigration system. . U may see ROW retrogress to 1998 in next VB and what will u say then ?. Bottom line is Fighting will not take us anywhere and changing this unpredictable system will be the only way to go.
http://www.state.gov/r/pa/prs/ps/2006/72835.htm
the Divertsity Visa Lottery progam,
following countries[1] are not eligible to apply because they sent a total of more than 50,000 immigrants to the United States over the period of the previous five years:
BRAZIL, CANADA, CHINA (mainland-born), COLOMBIA, DOMINICAN REPUBLIC, EL SALVADOR, HAITI, INDIA, JAMAICA, MEXICO, PAKISTAN, PHILIPPINES, PERU, POLAND, RUSSIA, SOUTH KOREA, UNITED KINGDOM (except Northern Ireland) and its dependent territories, and VIETNAM. Persons born in Hong Kong SAR, Macau SAR and Taiwan are eligible.
The point being that until the law changes, USCIS deals with individuals from different countries differently.
Concerning ROW retrogression, my H1b is an October expiry (I've been here since 1999) so I file my renewal in April (6 months in advance) with my i-140 approved I qualified for 3 years additional H1b. But with the fiasco quotas last May, June and July I was able i-485, however because USCIS issued a receipt for the i-485 they only gave me 12 months H1b renewal. then to add insult to the injury ROW retrogressed meaning another H1b renewal is likely.
At some point I will have to decide whether to begin the H1b renewal process again.
Enforce country cap on Family based GC/DV lotterry for the diversity sake. FYI India and China don't have access to DV Lottery. This system is insane and let's not fight among ourselves to defend this crappy immigration system. . U may see ROW retrogress to 1998 in next VB and what will u say then ?. Bottom line is Fighting will not take us anywhere and changing this unpredictable system will be the only way to go.
http://www.state.gov/r/pa/prs/ps/2006/72835.htm
the Divertsity Visa Lottery progam,
following countries[1] are not eligible to apply because they sent a total of more than 50,000 immigrants to the United States over the period of the previous five years:
BRAZIL, CANADA, CHINA (mainland-born), COLOMBIA, DOMINICAN REPUBLIC, EL SALVADOR, HAITI, INDIA, JAMAICA, MEXICO, PAKISTAN, PHILIPPINES, PERU, POLAND, RUSSIA, SOUTH KOREA, UNITED KINGDOM (except Northern Ireland) and its dependent territories, and VIETNAM. Persons born in Hong Kong SAR, Macau SAR and Taiwan are eligible.
The point being that until the law changes, USCIS deals with individuals from different countries differently.
Concerning ROW retrogression, my H1b is an October expiry (I've been here since 1999) so I file my renewal in April (6 months in advance) with my i-140 approved I qualified for 3 years additional H1b. But with the fiasco quotas last May, June and July I was able i-485, however because USCIS issued a receipt for the i-485 they only gave me 12 months H1b renewal. then to add insult to the injury ROW retrogressed meaning another H1b renewal is likely.
At some point I will have to decide whether to begin the H1b renewal process again.
