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  • Quarterly spill over: no law change required; supported by both EB2 and EB3. This is the way to go.

    Yes, it is supported by both but which group would support which method? Quarterly horizontal or quarterly vertical? :)

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  • The consitutional experts have already expressed their opinion on this.

    There is no higher judicial authority in the US than the Supreme Court. There is a judicial precedent and that settles it. There is no need for more discussion.

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  • We should follow up on this. US Economy really can take advantage of our buying power. If they give us GC, people will start buying and stop sending their savings to off-shore. Also, buying each house comes with at least 50K other expenses (remodelling, furniture etc) and that will also help the economy.

    IV should follow up on this topic with Lawmaker and see if they can understand the logic here.

    I can't concur with you less, we need to send this message to American people, also immigrants in this country are the ones, who start maximum numbr of small businesses, more number of borrowing of laons from banks etc

    Lets make something happen,

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  • :D Lets Do It

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    In this country it is not the H1bs alone do consultanting/contract. Many staffing companies are there, and even individuals have their own companies and go for contract jobs. I have seen many prefer contract jobs because they make more money when compared to full time. If American businesses got used with consulting/contract even without H1bs, then why this department do not want to accept the practice. Why should small consulting companies get affected?

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  • Every country should protect it's interests and we should be proud that a terrorist has the gumption to ask for Mutton Biriyani in an Indian prison. Why should he not? He is a criminal and then he has his own desires. Cutting to the gist, he is a 20 year old misguided young man, poverty led him to take up arms and am sure he did not realize what he was up to when he did what he did. He is a freak who doesn't know the distinction between right and wrong. Why morph him into a demon? Don't you think there are other rapists and murderers making other unimaginable demands in prisons?

    Wow what a good definition for a terrorist...can we let him go free? Ask the people who lost their loved ones. Only in Indian prison he can ask for mutton briyani. Because of Govt and politician are so corrupt and spine less. Try the same with Soudi Arabia or anyother Arab countries. Even after 8 years the GOI is not able to hang Absal Guru...its a shame.

    Yes, ofcourse he is a demon. There are hundereds of thousands of people are dying without food. Not everyone is taking the arms and killing innocent people. He is a fanatic. He deserves nothing less than death. He should be cut into pieces and should be a lesson for other terrorist.

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  • Guys,

    Poll is ok, but what about our voting rights? Many countries allow citizens to use proxy vote / vote by mail to exercise their rights... I remember that there was a bill in 2006 on the floor of parlement to allow this for NRI's and Congress party was dead against such a bill due to some reason... Not sure what happened after that...

    Its rediculous that about a million folks in this country and many more around the world, (I believe 30 million or so NRI's in total) are deprived of their fundamental contitutional right to vote, well a small portion compared to total population. Its unfortunate.

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  • ..I am waiting for the punch line. What's the point of this? We all know it...

    Same wine in a new marketing bottle by another lawyer.

    Tell us something we do not already know.

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  • Scenario 1:

    Assumptions on Visa Usage by EB1 + EB2 ROW

    1) About the Volume of EB1+ ROW for this year
    (Pending + 2010) Total GC Spill over
    EB1 ALL 4050 + 4050 8100 21995
    EB2 ROW 7871 + 7871 15742 10492 (Total of 32487)

    2) This data is as of August 25 2009, So in the months of September and October approval for India and China assume overall 3000+2000 = 5000

    3) I have not considered EB4+EB5 spill over because that would be a bonus and would result in 2-3 months variation.

    4) Spill over is 50% between China and India
    China would get (16223 spill over + 2387 regular), so china would become current
    India would get (16223 spilover+2387 regular), so India would move to March 06
    5) Let us say 3000 are un-approvable so they will move to June 06
    Scenario 2:
    If the volume of EB1+ROW for this year is 50% of pending then it would result of additional 6000 visas, India would move additional 6 months to December 2006.

    Scenario 3:

    If the volume of EB1+ROW for this year is 25% of pending then it would result of additional 9000 visas, India would move additional 6 months to May 2007.

    I don�t think in any case they won�t move beyond May 2007 for EB2 India as they would not want to add more cases to the Backlog.

    In my gut feel I think Scenario 1 has 60% possibility, 2 has 30% possibility and 3 has 10% possibility/

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  • So if stop discussing this thread, will they join us?
    Are you 'high skilled'?
    Your logic suggests otherwise!

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  • One idiot without giving him name in comments started abusing in Hindi language.
    Dude when you have guts to put comments then put your name in it. So that I know who has issues with my comments to thread.

    And just don't give red " just for the sake of giving it make you feel happy ".

    Hey how/where do you see the comments?

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  • country quota is not racial discrimination...u must be a fool to say that.

    To change the country quota..they have to change the whole philosophy of immigration in this country... Equal opportunity for all...

    Its absurd to try to change the country quota..we must try for recapture..instead..

    Why is it absurd to change the country quota? What is the use of the country quota..is it necessary for diversity? The primary basis by which a person qualifies for employment based GC is through his academic qualifications and work experience....how is deciding how many GCs you would give based on country of birth relevant in this case. What is the basis of such a rule unless you want to limit the no. of people coming from countries which produce large no. of qualified, educated people. How is this fair considering that India and China produce at least 10 times more college graduates than most other countries in the world other than the USA.

    If promoting diversity was the cause, there's already a diversity GC process and people from India, China and some other countries are not eligible to apply in those categories.
    If limiting people from certain ethinic backgrounds based on current population of USA is a criterion - lets get this fact straight - Indian americans are less than 0.4% of US population there are far more people of vietnamese, philipino and few other southeast asian origin in the USA. In fact if limiting people of certain ethnic background from becoming larger part of the population and maintaining racial diversity had been a criterion, people of Irish, Polish, British, German (or most EU countries) shouldn't be allowed to immigrate to US at all since people of those heritage already form large % of the population. Yet, any similarly qualified person from these countries can get a EB GC in a year or two now while an Indian has to wait 8 - 10 years.

    I am quite sure a skilled civil rights lawyer can prove the current situation against Indians in EB category as case of discrimation based on country of birth, since the stated goal of the EB category is immigration based on skills and academic qualifications.

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  • If you join Microsoft , you might get less salary but they pay your insurance 100%. Is microsoft selling insurance to you?? its just a benefit/perk being an employee of microsoft.

    same thing here too... pre-approved labor is just a perk/benefit offered by employer to hire you with less salary. so if you think you sacrificed your salary to get to cut the line for getting GC then you are thinking right.if not please stop thinking like socialist.

    It all about money and business brother.

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  • Hey! I like the idea and totally agree with you.

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  • What did you put in the subject field.. It is very important to have right words in subject field so at least they will open the email and see what's in it..

    Dear Senator,

    After having spent thousands of dollars in legal counsel, medical tests, documentations, affidavits and many days of hurried preparation to file adjustment of status (AOS) for my green card application, USCIS has pulled a fast one me and the legal high skilled community.

    On June 13th 2007, Department Of State indicated visa availability for all applicants starting July 1st causing thousands of prospective legal high skilled immigrants to prepare their applications only to be surprised on the very first day (July 2nd) with rejections due to apparent exhaustion of existing visas.

    This unprecented and possibly illegal action on part of USCIS, has left high skilled immigrants like myself in a limbo. We are wondering what we have done to be wronged in this way. I am a law abiding, tax paying resident contributing to the economy.

    Please help us in overcoming this situation. We definetly do not deserve such treatment for having followed the law in the land of opportunity on the eve of independence day.

    Thank You,


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  • I totally blame bodyshoppers for the mess

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  • Educate yourself, check these out:


    http://www.uscis.gov/vgn-ext-templating/v/index.jsp?vgnextoid=1dc6aca797e63110VgnVCM10000047 18190aRCRD&vgnextchannel=1dc6aca797e63110VgnVCM1000004718190a RCRD

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  • Yeah well. I also heard the rumour that in the next month july bulletin USCIS is going to move the dates forward from Current to Current+2 months = September 2007. This will allow everyone to get greencards in advance and then after they get their greencards they can apply for Labor, I140 and whatever.... :)

    Please stop spreading rumours.

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  • If i had the time and money , to do it , I wont be appealing to IV to do it.
    I would have done it by now, and not requesting a team effort.
    This is what I am trying to tell you.
    Nobody will do it. Because we all are scared of risking our name added in the lawsuit against USCIS. We will all talk about filing lawsuit but cannot really do it.

    I agree with what you said except I would add those past mid 2004 instead of 2005 as hopeless situation in eb2 india. I dont think the Eb2 India will ever move past March/april 2004. Infact with every visa bulletin the EB2 india dates will start moving backward to 2003-2002. One silver lining is Eb3 to eb2 porting will be completely useless. It now takes atleast 6 monts for perm to clear( this is the best case), EB2 is almost impossible to get, if you take a risk and apply in eb2 almost gaurenteed for audit. atleast now we have a clear picture of how many decades(no pun intended) it takes for eb2 and eb3 India to get there green card. My guess is obama\durbin\grassley are figuring out how to kick us out. I remember one of the tactics that the conservatives proposed for kicking out the illegals was to make it difficult for illegals to get employed by imposing heavy fines on employers for hiring illegals. Obama durbin and the democrats are using the same tactics with just a minor difference, instead of illegals they (obama\durbin et al) are going after legals by issuing RFE on EVL even for 485 etc etc etc. Basically they want to haress and make us so dejected that we will leave US and they can keep our social security taxes for wealth redistribution. most of us (atleast the people who graduated out of US universities) gave the prime part of our lives for this country, now we are being treated like we are not even humans. How can anybody work in US for 10+ years and still not have a green card and face the possibility of being kicked out.

    Ok, the guy that sets the dates says that he sees no possibility of dates moving forward for EB India and ppl are still thinking there is hope? I am an optimist and try to see the brighter side - and that side here is that we know there is no hope for those past 2005 in the next two years. That to me is sufficient to make decisions and move on. Be it changing to a different job or going back to the home country - most probably the former for me.

    Lawsuits do work. Apparently nobody checked the links I posted on page 1 so here are a few examples:

    USCIS Settlement Notices and Agreements

    American Baptist Churches v. Thornburgh (ABC) Settlement Agreement

    Barahona-Gomez v Ashcroft


    LULAC (Newman)

    Ngwanyia v Gonzalez (Asylee Adjustment Case)

    Notice of Proposed Settlement Agreement and Hearing in Kaplan, Et Al. v. Chertoff, Et Al., Civil Action No. 06-5304 in U.S. District Court for the Eastern District of Pennsylvania

    Notice to Persons Whose Naturalization Applications Were Denied by the Seattle, Spokane or Yakima Immigration Service

    Proyecto San Pablo v INS

    Ramos v Chertoff (02 C 8266, Northern District, Illinois)

    Walters v Reno

    Settlement Agreement Signed! Details available by clicking here. --2/9/05
    If you were granted asylum in the United States and have a pending application for adjustment of status, this settlement applies to you. Please refer to http://www.uscis.gov/files/article/NgwanyiaVGonzales.PDF In recent years immigration law had allowed only 10, 000 asylees per year to adjust their status to Lawful Permanent Residents. Under the settlement agreement, United States Citizenship and Immigration Services (USCIS) will process an additional 31,000 asylee adjustments during the next three years. During fiscal year 2005, ending September 30, 2005, USCIS will process 8,000 of the additional 31,000, bringing the total number adjusted for the year to 18,000. USCIS will process at least 8,000 of the 31,000 during fiscal year 2006, (October 1, 2005 to September 30, 2006) with the remaining additional applications being processed in fiscal year 2007 (October 1, 2006 to September 30, 2007). The settlement also provides that asylees who have a pending application for adjustment of status may renew their employment authorization document (EAD) by requesting a multi-year EAD with a validity of up to five years. The multi-year EAD must be prepaid for the number of years requested. The cost of the multi-year EAD will be less than the cost of annual renewals by at least $20 per year. A requests for a fee waiver, if applicable, may be made pursuant to 8 C.F.R. � 103.7(c) Cost of multi-year EAD: 1 year card - $175.00 2 year card - $330.00 3 year card - $485.00

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