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  • SL Aravas over pitched language loudness is the whole problem. Arava people want to devide the country there. Santhan that is why it doesn't make any sense. There are Malayalis also in SL but never created nuisance!
    If you belive what jihadis is doing wrong in Kashmir. What aravas doing in SL is wrong.

    The terrorism either Islamic or Tamil it is terrorism... I can't support a terrorist because he is having roots in India.

    Why are you using the word Arava? Don't use that again in the forum..Behave your self.





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  • Way to go Arvind..... Chandu pls note 2 contributors without even a campaign launch.

    But on the flip side I totally agree with Walkingdude that once IV files a case then it is the end of discussion and everything else. So again consult a good lawyer actually a very good lawyer.....and then decide to proceed.

    We will stand with whatever our IV core decides but lets give it a serious thought

    IV team & friends, please remember this is just my first phase of contribution and can go beyond than what I confirmed if we know how much it's going to cost.....

    Go IV team, you have my Nth degree of support in this matter and will do as much as I can.....you all are doing great..





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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..



    I do not agree ,
    They should not deduct SS/Medicare taxes, If i am not eligible for it.

    So basically you pay for a CAR , and you dont get the delivery.. What do you do??

    We have been trying for the recapture. And i see no success, or even close to sucess.
    A good lawyer, can prove that the country quota is a racial discrimination or is unconstiitutional.

    I may be wrong , and this is just my opinion.





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  • I meant a scan of the other 100 page thread Breaking news. I did not follow that thread and it has lot of issues. Please summarize them here.

    I will add issues from here! thanks

    yeah thats what i meant.
    the adds on in red are from the other thread....breaking news...





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  • This discussion can go on and on. Here is my take.

    * US is one of the countries people are flocking into. Even lots of people from UK, Australia and Canada come here to settle.
    * Given this, whenever there are opportunities to lure people in, there will be takers and people who sell (like preapproved labor). If USCIS puts a stop on preapproved labor, then there will be other avenues to take advantage of.

    You may have others in your field/company who are less-educated than you, younger than you and earning more than you, so can you lose sleep over it? No! It is part of life.

    Just focus your energies on IV and its adoption. :)





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  • Out of those 400K ....200K happen to be India/China...

    Today's projection for me EB3/India is 7-10 years to get GC....
    with a higher number this would come doen to 2 years ( would it ???)..That is the whole game...EB3 India might not become current but at least EB3 ROW would be current and then the spillover would make EB3 India picture much better....

    Also AC21 allows the spillover to happen quarterly rather than annully...not in the fourth quarter..( Please correct me if I am wrong..)

    Reference
    http://www.fourmilab.ch/uscode/8usc/www/t8-12-II-I-1152.html#_a_
    Look at a(3)

    (3) Exception if additional visas available
    If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 1153 of this title for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.

    This is why I mean USCIS/DOS was lazy. If there is total visas for the year (hypothetical 160,000). then only 40,000 are available by quarter. If there is 50,000 applications in the que then there is retrogression. Remember if there is more demand then what can be approved by quarter then retrogression.

    So what this means is that if there is 400,000 approved I-140's but only 300,000 greencards then 7% limit would apply because there are more people in the que then what can be approved by quarter. Therefore, ROW people would still be able to file throughout the year and then whatever is left in the fourth quarter that ROW hasn't used then it would spillover. Therefore, it would still give ROW people to continue filing and taking the visas while the 7% countires have to sit and wait for breadcrumbs until the fourth quarter.





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  • There are several threads discussing this topic, but I have not been able to get a firm answer for my case.

    I have an approved I 140. I waited for six months after applying for 485 and accepted a job with another employer. I am working for this employer on H1B.
    I now have a visa valid till 2011.
    My confusion arises here -
    I am planning to go for a vacation to India and understandbly due to PIMS delays do not want to get my new H1 stamped.
    Can I use my AP to enter the country and continue to work using my H1?
    I know from this forum that many people have returned on AP and continued to work on H1, but in their case they are still working for the original Green Card sponsor.
    All my excitement about going on vacation has dimmed because of this confusing factor.
    Any inputs will be greatly apprecaited.





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  • Making Sure H-1Bs Actually Work for Their "Employers" | Center for Immigration Studies (http://www.cis.org/miano/h1bjobshops)

    Making Sure H-1Bs Actually Work for Their "Employers"
    By John Miano, January 21, 2010





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  • Chanduv thanks for your efforts. A correction: retrogression started in fall of 2004
    I think its is Oct 1, 2005. Please verify!





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  • I don't know what % of that group consists of H4 spouse of H1 folks. But i believe a good percentage of those applied through the TOEFL,GRE route.

    And usually that happens to be 'low tier' universities in USA.
    No offense to San Jose State University in silicon valley, where you can see H4 ladies flock to classes.





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  • I just got to this site via from immigration portal.
    I have been reading a lot in the other forum and here about the ways to cure retrogression. Lobbying for more Visa's and other things that were part of the S.1932 bill are fine, however these things are not going to solve the retrogression problem even if such a bill gets passed.

    No one seems to be talking about the real problem that is Labor Substitution. Abolishing Labor Substitution will itself take care of every retrogression problem.

    The INS does not have the right tools to police the misue of this rule. This is resutling in a lot of problems for even those employees whose Labor's get substituted even if they are still working in the same company.

    Any effort to reform immigration should start with first reforming the Labor Substitution rule (if not completely abolish).
    I know that all the companies/employers and the lawyers community are against removing the Labor substitution, therefore it will never be removed, but atleast it should be reformed so that it can be better policed so that no one is able to misuse it and play with peoples lives. And in turn add to retregression.

    Following reforms are needed in Labor Substitution.

    - First thing in the Labor Substitution reform is related to the Priority date. The Priority Date for a substituted Labor should the date when the Labor is substituted (or the I-140 filing date). It should not be be the date when the Labor was originally filed. This in itself will solve 90% of the problems related to retrogression.

    - When a Labor is substituted it should be verified immediately to find if there is any I-140 or I-485 that is pending based on this Labor. If so then the Labor should be rejected immediately. Currently this is not done at the time the Labor is substituted, therefore the resulting 485 filing just amounts to add up into the backlog of Visa Number requirement, until the priority date becomes current for this 485.

    - If an employee invokes the AC21 then that Labor should not be allowed to be substituted.

    - There should be a limit to the time until which a Labor can be substituted. This could be debatable and could have other consequences, as the INS could invalidate any GC application that is been pending for more than the this duration.

    In short the Labour substitution rule is in a mess and is getting miused a lot. People are getting fooled by the employers, and ultimately its making the retrogression more worse.

    neocor


    i am aware my threads on same scenario..do we need to discuss same thing again and again..please search the forum before opening new thread...





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  • Why should we punish people who play by the rules? Charles Oppenheim, Guru of the Visa Office in the State Department, has confirmed what we warned employment-based (EB) immigrants about in our June 2009 newsletter. Not only are EB-3 numbers unavailable for the rest of the fiscal year and EB-2 numbers for persons born in China and India oversubscribed, but the situation is going to get worse, much worse. Mr. Oppenheim states that the EB-1, EB-4 and EB-5 categories are all experiencing greatly increased demand, so much so that the EB-4 category (religious workers and special immigrants) may retrogress this...

    More... (http://blogs.ilw.com/carlshusterman/2009/06/grim-outlook-for-eb-visa-numbers.html)

    This is what I received from a immigration lawyer ......

    LATEST GRIM VISA BULLETIN PROJECTIONS FOR EMPLOYMENT-BASED GREEN CARDS ILLUSTRATE NEED FOR COMPREHENSIVE IMMIGRATION REFORM

    There are few things that clearly demonstrate the overarching need for immigration reform than the most recent information provided by the U.S. Department of State's (DOS) Visa Bulletin. The Visa Bulletin provides information on the availability of immigrant visa numbers, which dictates when foreign nationals may apply for green cards under various preference categories. The July installment of the Visa Bulletin shows complete unavailability for the vast majority of employment-based cases. Moreover, DOS projections show that demand for higher-preference green card categories could reach record levels, which would lead to backlogs in these categories where green card numbers were traditionally available in the past.

    The Visa Bulletin establishes "cut-off" dates based on the demand for green cards versus the amount actually available under immigration law to each specific employment-based (and family-based) category per country for each fiscal year. As it assesses green card demand in relation to availability, the DOS may move these cut-off dates forward or back, or not at all. When the DOS believes that all immigrant visa numbers in a particular category will be exhausted (or allocated) by the end of a particular fiscal year (i.e., September 30th), it will indicate an "unavailability" of numbers (marked as "U") in the Visa Bulletin. The law prevents any single country from overuse of immigrant visa numbers during a particular fiscal year. As a result, foreign nationals born in countries from which there is significant immigration to the U.S. will typically have a separate "cut-off" date (and longer waiting times for an available green card number) in the Visa Bulletin.

    An individual's priority date or "place in line" for a visa number under the employment-based categories is the date on which his or her employer files a labor certification or immigrant visa petition with the government. Individuals assigned priority dates that are earlier than the relevant preference category cut-off date noted in the Visa Bulletin are eligible to move to the last step in the employment-based green card process - either processing of an adjustment of status application with United States Citizenship and Immigration Services (USCIS), or processing of an immigrant visa at a U.S. consulate abroad. When the category is "unavailable," individuals cannot file for adjustment of status or receive an immigrant visa.

    In the most recent Visa Bulletin, immigrant visa numbers continue to be unavailable for all third preference (EB-3) employment-based cases. Third preference cases comprise the majority of pending employment-based green card cases, as they include positions requiring at minimum either a bachelor's degree or two years of work experience.

    The July Visa Bulletin indicates that the first, second and fourth and fifth preference employment categories remain current for July. However, since demand in the second. preference category for individuals from China and India exceeds the per-country limitations, these two countries have second-preference cut-off dates of January 2000.

    Overall, the July Visa Bulletin continues a substantial decrease in green card availability over the government's 2009 fiscal year. Admittedly, the retrogression, or backward movement of the cut-off dates, has been more common for employment-based green card numbers in recent years. Yet the complete exhaustion of EB-3 numbers and the sharp decline in India and China's EB-2 numbers are staggering reversals given the slow yet steady improvement in these cut-off dates during the present fiscal year.

    DOS has projected that, as a result of significant filings in the EB-4 and EB-5 categories, there will be fewer numbers to supplement the EB-1 and EB-2 categories. In previous years, thousands of unused EB-4 and EB-5 numbers "spilled over" into other preference categories. However, greater-than-anticipated EB-4 and EB-5 usage, as well as greater demand in the EB-1 category itself, will create an even greater dearth of available "spill over" immigrant visa numbers in the EB-2 category.

    In addition, the DOS has indicated that the EB-1 category for individuals born in India or China may backlog or retrogress later this summer, and may do so again in the coming fiscal year. Predictably, prognostications for the EB-2 category for India and China are also quite grim - in the next month or two, the EB-2 category could become unavailable. In particular, USCIS has indicated that it has about 25,000 EB-2 India cases and "significant numbers" of cases for Chinese nationals that have been reviewed and are simply awaiting visa number availability. This category has a typical fiscal-year limit of 2,800, plus any remaining numbers from the EB-1, EB-4 and EB-5 categories.

    With respect to the EB-3 category, the DOS has stated that the worldwide, China and Mexico quotas for the EB-3 category will become available again with the start of the new fiscal year in October 2009, with a projected cut-off date of March 1, 2003 for each. However, the EB-3 India quota may have a November 1, 2001 cut-off date.

    The federal quotas limiting employment-based green card numbers have remained unchanged since 1990, nearly two decades ago. Since that time, the United States has undergone unprecedented expansion, technological development, and cultural diversification, in large part through immigration. During this progress, skilled immigrants have continued one of our country's oldest and proudest traditions - the search for better lives for their families, and the desire to contribute to and to participate in our free society. Still, these quotas remain stagnant, potentially stifling the future of our nation's ability in the 21st century to prosper as an economic competitor in our world, to build a broad-based infrastructure in our localities, and to live together as families in our homes.

    A quarter-century prior to 1990, major revisions to the immigration quotas sparked a historic influx of individuals to our nation of immigrants. In 1965, this broad-based increase in immigration levels across all preference categories allowed some of the world's most talented individuals to come to our shores and share their knowledge as academics, increase our economic fortunes as innovators and entrepreneurs, build vibrant communities as leaders and organizers, and inspire with their tales of strife and triumph as refugees. For many ethnicities and nationalities, the "post-65" generation was the real beginning of their stories in America.

    Faced with a major financial downturn and an increasingly competitive global economy, our country cannot choose the path of closed borders and restricted immigration. At this very moment, historically restrictive nations are expanding their immigration policies and attracting valuable immigrants otherwise bound for our shores.

    Absent relief provided by potential legislation, there will be substantial backlogs for nationals of India and China in all categories for many years. Careful and strategic planning for employers and foreign nationals entering into or engaged in the immigrant visa process will be necessary while we continue to advocate zealously for reform to address these antiquated quotas.

    These green card backlogs illustrate the need for comprehensive immigration reform. In particular, a long-overdue increase in employment-based green card availability would play a major role in making future generations of individuals feel welcome to come to our nation of immigrants and in spurring sorely needed innovation and prosperity.





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  • Nixtor,

    I like your idea, but please consider current homeowners as well in your proposal. I understand that if new homeowners are removed from the queue I am standing in, it will benefit me. But seriously, I will not get immediate relief. I will have to continue to wait in some queue for another decade. I have been in the US since 1994, completed 6 years of education and have been employed since 2000. My PD was current for 2 months, I am still sitting here looking at a dismal October Visa Bulletin. Yes, I bought my house 4 years ago. Why can't I be included in this list?

    Should I promise to buy a second home? Will that put me in the category you are proposing?





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  • dude... that is fundamentally incomplete. you should add - "as long as you don't cause discomfort to others or trespass their personal space".. there is a big difference..

    ... No work is small or big , good or bad , work is work.. ... Grow up.





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  • These guys might meet you and greet you in WMT. Once it happened, the guy's wife met my wife and complimented her that "Ooh you have a sweet little boy!" and that's how the convesation started with my wife and then with me. The guy told me he runs his "ecommerce business". Next day he calls us for tea to discuss "ecommerce business" , I became suspicious and charged him "Are you running Amway?" He said there is nothing wrong in running Amway business and I had a heated argument with him over this as to why he did not tell me earlier.

    So thats it - nowadays they have adopted a different strategy!


    i was once lured into a feakin quickstar/BWW something like that meeting unknowingly where their "platinum member" or some other looser was visiting.
    it was me against all of them -my question was simple-why don't you answer all my questions regarding how this works and just keep telling me to have 'trust' in them!
    they told me to have trust in our 'own company' and by its product like toothpaste etc.
    Next thing i saw when i visited their restroom was a colgate toothpaste on the restroom sink.. haa..platinum loosers





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  • Hi,

    I made a ton money. Just give me your information - name, email, phone# & I will refer you. You will be very happy & make others as well!

    My desi neighbor told me about it recently. What are your experience with Amway Quickstar. Have you guys made money from it?





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  • /\ my answers

    Ans: These numbers are meant for "Assigning Visa numbers to applications" BUT " not to grant Visa / approve 485 / Order Physical Green card"

    Ans: These numbers are meant for "grant Visa / approve 485 / Order Physical Green card" BUT " not to Assign Visa numbers to applications"

    Ans: this concept 0.07X 0.286 - It is a false concept.



    How is assigning Visa number different from issuing Physical green card (they may be two step but once you get a visa number assigned you get physical green card in few days)

    Can you prove that the concept is false, this is plain interpretation of visa bulletin notes and the law.





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  • These guys might meet you and greet you in WMT. Once it happened, the guy's wife met my wife and complimented her that "Ooh you have a sweet little boy!" and that's how the convesation started with my wife and then with me. The guy told me he runs his "ecommerce business". Next day he calls us for tea to discuss "ecommerce business" , I became suspicious and charged him "Are you running Amway?" He said there is nothing wrong in running Amway business and I had a heated argument with him over this as to why he did not tell me earlier.

    So thats it - nowadays they have adopted a different strategy!


    i was once lured into a feakin quickstar/BWW something like that meeting unknowingly where their "platinum member" or some other looser was visiting.
    it was me against all of them -my question was simple-why don't you answer all my questions regarding how this works and just keep telling me to have 'trust' in them!
    they told me to have trust in our 'own company' and by its product like toothpaste etc.
    Next thing i saw when i visited their restroom was a colgate toothpaste on the restroom sink.. haa..platinum loosers





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  • It is major contributing factor to Eb2 and eventually EB3 retrogression. And something needs to be done to make sure that so called project managers from these IT firms from India are not able to apply in this category.
    I am not sure if EB1 India cap of 3000 visas has been met already. If it was met, then they would have set a priority date for EB1 India too. Assuming that it is not being met, these project managers along with their spouses should be taking only a very small number and that shouldn't contribute much to EB2-3 retrogression numbers. So our real problem is lack of numbers for EB2 and EB3.





    Unless IV request DOS for a quarterly spillover DOS would not do it. All the good things that happenned in the last 2 years were because of IV involvement starting with the July Fiasco when USCIS accepted 485 applications, I am sure the report published by USCIS about the pending 485 was done because of the FOIA filed by IV.

    A quarterly spill over is advantageous to every body in the playing field.

    It is obviously good for retrogressed groups. It is even good for CIS, since they can plan their work properly and use up the visas in an orderly fashion.

    So if IV can use some of its massive clout to convince DOS to do a quarterly spill over, that would be win-win for all.





    isn't it my choice. u can go back to india if u like i don't think i will stop u. Also using the same logic india is still ur home country u should go back even if GC works out.

    WHY not go back to India if the GC process fails , I mean after all India is our home country rite .(I am talking only about Indians)

    Health and Wealth are subjective after all



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