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  • Thanks for an excellent research and arguments. Some of the arguments are well presented.

    Well, if you are not ready to lead and we do not have anyone else to lead then whats the point of forming the yahoo group? Please don't get me wrong, I am just trying to find out the objective of this yahoo group.

    The purpose was to jump start and find somebody who is willing to help himself/herself. If there is no such person out of 100+ who voted "yes", there is no point in further discussion. I have enough on my plate (I am still helping a number of people fighting in district an appellate courts). Also I think it's easier to discuss it via yahoo group.

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  • Hi,

    This is regarding switching job from one role to different role

    Currently I am working for an Employer A in consulting position ie., Senior Developer Role. Current Project is ending in Dec'2008

    Now I am planning to move to a different role of Management (Project Manager) to Employer B.

    what would be the better way of doing for the above said role.

    My current H1B is expiring on Nov'2008 (Six year term). I have to ask my employer to do the extn. But the employer doing is very minimal.
    I have applied EAD in Aug'2008. - I am not sure when this will arrive.

    Now I am into the state of More confusion. I couldn't able to do anything as far as in terms of career path.

    Would like to enlighten some thoughts on this situation and Thanks in Advance.


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  • The American political system is stands on three pillars; Judiciary, Legislative (Congress), and Executive (President). They have checks and balance on each others. Congress enact bills, president can veto or pass it. Supreme Court is evaluating this passed bill whether it violate the constitute? If it violate the constitute, Supreme Court can be overruled that bill at any time (even if it was passed by Congress and the President).

    Constitute says Non-discrimination based on race, sex, country of origin etc. If some one prove in supreme court that per-country quota for Employment based and Family based immigration is violating the constitutional right, Supreme court can overrule this law of per-country quota. It is worth to take advise of expert attorney.

    This is my 2 cents !!

    BTW , Where is the fourth pillar? :)

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  • Whether unused visa in EB-3 Row will go to EB3 India?

    I am a little unclear on all of the retrogression ect. But can someone please explain how EB3 ROW can be retrogressed and not use all of the visa numbers in a year? That doesnt even make sense to me? Would someone please shed some light?

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  • I guess people who work in IT have a very IT-centric world view. I don't and I know several EB1 candidates. They are extremely qualified and have extraordinary ability that can be documented with PhD, papers, patents and awards.

    Even if we prevent possible abuse of this category, it will not help retrogression for EB2/3-I. The only fix is going to be legislative and we should focus our energies on that.

    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.

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  • Thanks to everyone for taking an active role in the funding drive. It is always a frustrating experience every time we want to raise funds. In our overzealousness sometimes we also hurt the effort by being too harsh on people who are not contributing. We do not wish to encourage any finger pointing. Members start asking all kinds of questions on the forum and kill the initiative thereby hurting the organization and ultimately themselves. At this time we are no longer going to ask for funds on the forum and will continue the IV effort with what we have from the contributions members have made. Members who feel they wish to contribute will contribute if they feel for the cause in their heart. Admins have decided to close all such threads so that we can focus on the other IV work rather than solving disputes between members and making sure no anonymous member is hurting other anonymous member�s feelings.

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  • PLEASE HURRY !!!!!!!!!!!!!!!!!!!!! tin ring_Immigration_Lawyer/who


    Done as requested. I want to understand how this works - what will happen if we have a large number of people dig it?


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  • why doesn't anyone in iv core get it dammit..... this is crystal clear..... what more do u want...... now get mov'in & get green cards for all of us by next week..... :rolleyes:

    Good Things about IV
    1. IV Core does not conduct its business in the forum. They learnt this lesson a long time ago.
    2. All their work is done in the donor forum and behind the scenes by volunteers
    3. If they feel that any idea is worth pursuing they invite that person (with the idea) behind the scenes and pursue that idea
    4. All the work is done by IV members themselves because they are helping themselves
    5. IV members are investing time and money to do work which impacts a large number of immigrants
    6. That is a professional way to do stuff and i admire the way work is done at IV

    Concerns of IV
    1. IV always states about the lack of will of people to do something for themselves
    2. IV always states that people just comment on forum but do not step forward to do stuff
    3. IV always says that people do not donate enough and without donation a grassroot organization will not survive

    What IV is doing wrong
    1. IV talks about a holistic approach whereby the benefit to EB community will trickle down and once EB2 will become current EB3 will get benefit of spillover
    2. IV is assuming EB2 will become current but with the number of indians coming to USA and number of indian students who will graduate from MS courses in USA over the next 5 years EB2I will always be backlogged
    3. Plus we are not even talking about EB2 ROW and EB3ROW demand which could go up
    4. Supporting the DV 55k bill to US educated GC applicants on the whole looks like a great plan. Sure here are 55k and here are about 150 k GC applicants. 150 - 50 IS 100 K. So if the bill passes we reduce the backlog by 50 k. Now i will am one of the person who will be getting a GC because i am US educated but my opposition to this bill is on principle
    5. What IV has to realise is that it is not only IV members specifically but it is a whole lot of non IV members who are EB3 who have been a bigger person in this whole immigration retorgression advocacy scheme of things till now.

    How let me explain. We have seen EB3 persons from 2002 who are still waiting for GC and who are not getting spill over visas because EB2 is using up all the spill over visas. So do you see any EB3 now complaining about the rule change supported by IV and made by USCIS whereby EB2 gets spill over visas. NO we do not see any EB3 complaining. That is because EB3 as a whole understands that that rule in the past being interpeted in a wrong way and the current way is the correct interpetation. Sure the old method gave EB3 some extra spill over visa benefit but the new interpetation caused EB3 to dry up compleletly. Now that in itself is against the very nature of self preservation by definition, But EB3 went along for the greater good

    What IV can do right
    1. Now we have this 55K DV Bill. This is something different from the spillover (which is law and cannot be changed). This is one time oppurtunity to alieviate the sufferings of EB group as a whole. So can IV which is supposed to be talking for the whole EB community do the right thing here and ensure (with advocacy they are so good at) that IV's stand is that 55K visa are given to all GC applicant from retrogressed countries based on oldest priority date first irrespective of EB2 and EB3.

    2. The concequence of such a move is that long retrogressed EB applicants will get relief (Which is one of the point IV talks about in their charter)
    3. Sure Many US educated applicants from EB2 and EB3 will oppose this move because lets face it, this move impacts their getting GC sooner. And if they behave like that they are in the same category as EB2 guys on this forum who do not entertain any idea which will impact their getting GC soon.

    What wil happen if IV does the above
    1. The DV 55K bill will NEVER pass in congress. This along with the other bills we have seen will bite the dust because no one in the current economic scenario would like to see more immigrants (US educated or not)

    2. The DV 55K bill will fail but IV would have achieved what it has failed to do till now. Get the support of EB3 community which they claim to represent.

    How how does this work. This is a suggestion for discussion NOT a diktat to IV core to implement. If IV core does not allow discussion on this (and moderate this because frankly some of your existing advocacy group members and volunteers do not know what a discussion is and come out both fists swinging) then that is IV core perogative. they have that right since this is their system and they worked hard for it, and they believe what they say is right.

    One question i do have for all the members who have argued with me here. Have you seen all the discussion i have participated under and my other posts. Please do that before yelling that i was a member since 2006 and freeloader and all that. You need to do this because if i am you enemy (Scounderal, Liad weed, Anti Immgrant, Future USA etc) then don't you think to know your enemy is better.

    On a funny flip side ...............................
    How will this be treated by the current members
    Ohh He is a liar, cheat, sounderrl, absurer, voilent person, free loader, smooch, weed, Anti Immgrant, future USA and other unspeakable things

    By the way guys i am a She not a He


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  • "Tomorrow if we or our generations are getting killed in the US, would you say the same thing" ....

    Of course yes! If our generations are US citizens, US govt should take care of them and if they are part of any terrorist organisation, they should be treated the way terrorists are treated.

    "Country needs to care about its people" ... Its is in your quote ... Issue is about Srilankan's and their goverment should take care of it, NOT India. I don't think any one has a doubt about how LTTE should be handled.

    Agreed but some Govt. fails to do so. IF Govt. were acting resposibly , World wouldn't have seen the WW1 and WW2 and Bosnia-Serbia crisis and countless other masscare !

    One should understand difference b/w ' Srilankan Tamils' and 'LTTE'.

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  • I don't agree with your arguement. Spillover can happen in any quarter and you don't need to wait until the last quarter for it to happen. with EB1 and EB2 being current, the spillover into EB2 I and C will start from November/December of 2008 itself
    What makes you so sure the spillover can happen in the first quarter? Is there an example in the last 10 years? You may have forgot Feb. 2008 bulletin. If what you say is true, why it was U for EB2-I on Feb. 2008? No one in USCIS can take the responsibility if the spillover in first quarter causes EB2 RoW with cutoff date later, as they can't predict if there will be enough(or not) applicants to fullfill the quota. Therefore, spillover can only happen at 4th quarter. Unless if there's really mininum of usage, then it may start at 3rd quarter, but I don't think it will ever happen at 1st quarter.

    Here is the Feb 2008 bulletin.

    Despite two retrogressions of the India Employment Second preference cut-off date, demand for numbers by CIS Offices for adjustment of status cases has remained extremely high in recent months. As a result the annual limit for the India Employment Second preference category has been reached, and the category has become “unavailable” effective immediately.

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  • One of my friends came to US in 2002 applied for GC with PD of 2005 under EB3....looking at the situation he went back to India starting of Feb 2007...came back to US as Senior Project Manager [Virtual designation] he still does a developer work....applied for GC under EB1 in Aug 2008.....March 2009 he has got his GC.....

    Yenjay Madi....I know of 7 cases who were with me 3 years back and now they have GC...

    with current new fraud mantra EB1 will never spill over to EB2....soon EB1 for desis will have priority dates......

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  • I am in the 6th year of H1B. 6 year term expires in March 5, 2009.

    My Company filed LC in June 2008.

    Assuming my LC is cleared by this year end, I-140 Filed around Jan 2009.

    Can i get 7th H1B Year extension, if my company files H1B extension by Feb 2009.

    In which cases 7th Year extension will be rejected.

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  • Well, here�s some more stat : Base on GC allocation of FY 2008 ( ),

    EB1 India got 5,327 visas , EB2 India got 14,818 and EB3 India got 3,576 even though the quota was 2,803 for each preference.

    As an example, I-485 pending for EB2 and EB3 India before 2006 are 17,835 and 46,334 respectively. Everything else being equal, you can take a guess how long it would take based how old the report was. Even if the report is from yesterday to be pessimistic and there are nuances, it gives some approximation unless the interpretation is totally wrong.

    Thanks for posting this. Lets see how visa allocation worked for 2009. Based on 2008, things do not look as rosy. Only 14.8K visas in EB2-I. If perm speed improves then the spill overs will also reduce.
    Surprising South Korea is not in oversubscribed countries. It received 7.2K EB2 visas.
    I thought South Korea should have been retrogressed. Well when do we expect fairness from USCIS ? They seem to follow class system : ROW, china, other over-subscribed, India in this order !!

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  • I just did same.. I just asked to make sure we are filing on first day..

    ok u guys have forced me to pose the same question to my HR/Attorney...awaiting response.

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  • Nixtor, this idea is worth trying. If people who are buyinh house can be exempted from the VB quota, this will free up extra visas and will help those people who will not buy a house.

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  • Like collecting money to lobby for GC we can accumalate money for Political party as well. I can tell you every Indian would contribute to such endeavor.

    Please contribute to IV before start collection for political party. Thanks

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  • I agree with vdlrao completely. The horizontal spill over rule essentially gives all EB1/EB2 visa to EB2's. This will make the EB2 cutoff dates leap and bounce forward. For EB3, however, there won't be any spill over data until EB2 become all current.

    In Oppennheimer's reply to Ron Gotcher's question, he mentioned that the horizontal rule was set after he 'had consulation with the congress', so it's very unlikely to have any change to this rule till some legislation changes take place.

    I agree with you 100%, this change was made by Congress in attempt to reduce the backlog.

    Think about it in terms of Congress, it was under a lot of pressure from high skilled workers and from companies like Google and Bill gates who argued for more number of visas. No offense to any EB3 category, but we all know, EB2 are the ones which have earned a higher skilled education from this country.

    (Now please don't start any debates on EB2 or EB3, I didn't make any distinctions and it has no relevance.)

    For Congress to somehow act, they made the change in movement of visa numbers, and geared more towards EB1/EB2, to reduce the backlog among EB2 category. This will eventually lead to roll over of visa numbers from EB2 to EB3.

    Advantage? High skilled workers who have attained a Masters degree from
    U.S., now will see a reduce in backlog.

    This recent change in the flow of visa numbers, acknowledges all these problems. We all know, who ever takes over the next presidential elections, will not issue something right away, it will take a few months.

    This change buys time and greatly reduces the backlog among EB2, eventually for Eb3 as well. The new process makes much more sense and I don't think this change will revert to its original movement (back to vertical flow)

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  • Conformed you brain got damaged and you will die soon.

    Will distribute sweets after you death

    I am not his follower nor from his family. But you better watch out, if you are too much into him you might be one of the few people to die from his death grief.

    As for your sweets, hold them until YSR’s Son is put to sleep.

    And you ever again put a dirty personal mesg....comments will flow on your family and the way your profile is not anonymous

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  • I guess all the euphoria we had last year because of EB1 spill over is coming to an end. People who play by rule and wait suffer the most, while people who are always on the look to find "innovative ways" get their GC faster. I remember, one of my friend who did a labor substitution got his GC many years before. But at the same time, he took the risk of joining a consulting firm, while I was more inclined to remain under the so called safety net of a big incorporation. I guess the more risk you take, more rewards you get (and sometimes get completely screwed too!!)

    However, we did a nice efforts last year to predict the visa bulletins. There was this guy vdlrao who did an impressive calculation and declared that EB2 will be current in an year. Well, its more than an year and what we have is worst than we had last year. I can only sympathies with EB3 guys, I don't know what to call it .. may be karma in previous birth.

    But my mute point is that we almost always create a false hope for us. First we predicted that EB2 will be current in one year, later on our whole legal immigrant community was nurturing the dream that Mr. Obama will win and his first executive order will be to ship GC's via overnight fedex. We overlooked that even though immigration is looking bad, but reforms in this area is a trailing priority for the new administration. Infighting within EB2/EB3 and various language speaking people is nothing new for us.

    Candidly speaking, neither we have seen any bright idea coming forward from us, nor people are willing to join hands and fight for their natural rights. So coming back to the original point, what's wrong if someone instead of depending on immigration forums, and "ethically" waiting in line, takes a little risk and gets his/her GC faster. Be it a labor substitution, or a guy going back to India and coming back as a Manager in EB1 category. Please remember that as long as its happening under the rules, its neither back door, nor illegal, or unethical.

    My 2 cents.

    Nothing to demean you Hopeful GC or any particular individual but this so called community that we are dealing with has none of the above characteristics to go for a CA Lawsuit... The coward and sleeping community wants everyone else to do or facilitate things for themselves. I had first hand experience during SEP 18th rally about the spines , guts , nerves and overall heart of this community when i approached educated ,well-informed ,highskilled peoples for attending the rally and what reply i got. Some of them even had the audacity to call up my family and tell bad things about me ( just because i requested them to wake up for a Rally for THEMSELVES )

    CA Lawsuit with Cowards , selfish , heartless - never ever possible...:mad: But i appreciate and support your idea on a Personal level and willing to put a money contribution if the lawyer finds a prospective ground of but we have to bite and swallow the hard reality , you know :(

    Clear up your mind for a little while and consider this:
    The whole working world lives by on one simple rule ..... GETTING PEOPLE OFF YOUR BACK. The bigger PITA (pain-in-the-ass) you are... the higher is the priority you get ..........

    USCIS says EBs are retrogressed because there are XXXXX people in the queue. Why is the queue so long? Because they wasted numbers in the past and kept the queue long. This is pure operational inefficiency that is resulting in monetary, emotional and mental loss to about a million people.
    This is a valid ground for a class action lawsuit.

    By filing this suit, we will become the "cactii in the colon" that they will have to address. And you know what the easy out of court settlement will be..... RECAPTURE! We will keep lobbying and crying as we usually do.. But this thing has a far better shot than anything else.


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