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  • Thanks !! I had a quick question ..the rules for the spillover, is that a law or does that depend on USCIS or DOS ?
    In other words can they change the rules for spillover once again ..say next year ?
    I still feel there is small hope for EB3-ww and maybe even EB3-I ...majority of the EB2 cases were filed during july fiasco ..what if they have not been processed yet ? i.e. they will keep moving the dates fwd till it becomes current (if that still does not use up the visas) ..then they would move EB3-ww dates fwd ..once again this is wishing and dreaming :)

    For USCIS, 2007 was "let's reduce some backlog in EB3-category" year.
    It looks like 2008 is " let's reduce some backlog in EB2-category" year.
    On both occassions they hid their plans in right in front of us, and said "gotcha" to every one- AILA, IV prognosticators and Ron Gotchers of this world.

    I doubt USCIS will openly Re-revise the horizontal spill over policy. If they do that they may be challenged again forcing them to Re-Re-revise which will make them look even more stupider than they do now.

    There are other means by which USCIS can deliver justice- mafia style- but within the current law. They need additional help from DOS,DOL, etc.

    examples- (1) Generally sit on EB-2 adjudications, delay them and say there are unused EB2 numbers and allow them to spill over to EB-3

    (2) Clamp down even further on PERM - stretch it from 8 months to 36 months for every applicant including EB2-ROW, make even more unused numbers available to clear backlogs.

    I do not harbor any ill-will towards ROW or any other category. I honestly think above things are possible. :)

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  • I am trying an outline for sending to media + lawmakers + ...

    The following is a very rough draft without reading some of the letters posted in the thread. I will read the posts tomorrow and polish it by tomorrow evening. I will need everyone's input since I don't know all the issues.

    Retrogression in GC process.
    What happened

    USCIS announced at the time the forms were due.
    Applicants started filling forms 2-3 weeks before July 2.
    Applicants changed their schedules to submit forms.

    Advantages of EAD + AP
    Don't know all!

    Travel without visa -> saves Embassy overhead.
    Spouse can work.
    Can switch job.

    Why does it hurt

    Medical will not be valid after 1 year.
    Rejected June filers can not file.
    June filers did not file because they thought they will file in July.
    Fees more then doubling
    Name checking (which can take 1+ year) done in parallel with waiting for GC #.
    Load balancing for USCIS.
    USCIS which is supported 90% by application fee needs to care for applicants.
    Very little chance of legislative relief for a looong time.

    age out situations for children too ....I think that affects lot of people too..I am single and dont have kids :D

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  • we are listening to new ideas/suggestions by all members, you don't have to be acrimonious in your response.

    Please learn to tolerate others. Everybody deserves a fair chance to be heard.
    Belmontboy ..Thanks for the same I said earlier any campaign should highlight the positive aspects of legal immigration ..fighting over EB1 misuse is not going to help. I am a prospective home buyer and in the last few months, I met 8 buyer / seller agents ..they are literally sweating for any business the very least let us show the positive contribution that immigrants have for the housing and other related economy (which is massive in terms of $$$$$). I am sure everyone will agree that this is better than fighting over EB1 misuse and fighting amongst ourselves

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  • ratturani, i am seeing an increasing number of posts that state the facts as clearly as you have stated... thats great... now i think somewhere some day, someone will float a good idea of motivating employers such as MS, Intel, BAC etc to fight for us instead of trying to motivate only the congress... see, we dont have too much of power in congress... :-(

    Don't think of it as punishment. The US wants to allow a certain number of people to immigrate each year. The demand far outstrips the supply. That's where the problem is.

    There are two ways to address this:

    Increase the supply
    Decrease the demand

    Those are the only two ways. One option would be to go for a points based system that awards the limited visas to those with the best qualifications or where the need is greatest. After all the US is in a "buyer's market" and can pick and choose those immigrants that add most to the country.

    The other option (which is at present politically infeasible) is to increase the annual immigrant quotas. Tough to support this in a recession with 10% unemployment.

    I'm not sure you can characterize this as unfair... ultimately it is left to the US to determine how many people they want immigrating.

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  • Australia is backup option for me. For various personal reasons-I didn't chose Canada.
    Cons of immigration to Canada
    -Dependency on US
    -not very diverse society

    Pros of Australia
    -Trading partners with N America,Europe,Asia
    -Very very diverse society with east europeans,south east asians
    As for job scene,I am thinking that both are almost same, but in Australia,indian firms have a major presence.It is cheaper to open an office in Melbourne than in Bangalore!.

    Thanks for the details ...can suggest how can immigration to Austrailia be applied ?


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  • Let's do it

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  • Bud,

    TN is just a modified H1B. You need to have an employer, your wife will be on a TD and worse, you gotta renew it every year across the border.

    You need not give up your American Dream. Once you get your Canadian Citizenship, you can work in US indefinetly with TN visa.

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  • i would say ban works for everyone - regardless of the citizenship

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  • Belling the Cat
    Long ago, the mice (folks on this forum) held a general council to consider what measures they could take to outwit their common enemy, the cat (read USCIS). Some said this, and some said that; but at last a young mouse got up and said he had a proposal to make, which he though would meet the case.
    "You will all agree," said he, "that our chief danger consists in the sly and treacherous manner in which the enemy approaches us. Now, if we could receive some signal of her approach, we could easily escape from her. I venture, therefore, to propose that a small bell be procured, and attached by a ribbon round the neck of the cat (read lawsuit to be filled against USCIS) . By this means we should always know when she was about, and could easily retire while she was in the neighborhood."
    This proposal met with general applause, until an old mouse got up and said, "That is all very well, but who is to bell the cat?"
    The mice looked at one another and nobody spoke. Then the old mouse said, "It is easy to propose difficult remedies."

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  • Whether overflow happens vertically or horzontaly is subject to interpretation and we cannot really say if EB3 ROW is getting any undue advantage.....
    That matter can be litigated.....

    You guys still think it is horizontal. This has been discussed so many times with reference to the law; the note in november 2005 visa bulletin; another lawyer who received statistics in chinees overall approvals for 2006 which were going to be close to 7% and you guys still believe this is a gray area.

    the november 2005 visa bulletin made it black and white. It is no gray any longer. AC21 didn't do anything to change to horizontal; only spillover is allowed in quarter not annual.

    Hard to understand why people think it is still gray.

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  • Ok, if Kasab is cut into pieces - it does not help in anyway. Kasab is a "reqruit" and personally does not have a give/take on this.

    Can we let him go then...? is there any guarantee they will not recruit more and massacre more? If its Israel already mosat would have taken the preparators. If its US, Pak would have been reduced to rubble.

    But India is only good to serve the mutton briyani...God save India.

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  • No country in the world will give you credit for pension contributions you've made in another country. If you haven't earned enough credits to draw from SS in the US when you retire, then you get nothing. Period.

    Remember, the SS tax is a tax, not an etitlement. "Paying in" guarantees nothing. By the time you retire, the fiscal health of the SS system may be so drastically different (in part dealing with all the baby boomers) that you really shouldn't count on it even being available in any way that makes a difference in your life.

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  • Dont worry, just foolow intructions on and you will be fine.
    If you miss any document, they will send all ur paperwork back. If they accept it they will send a letter with a Tracking/case number.

    Its much better and streamlined for people who reside in US. Just apply, lets all go to Canada..I think thats what US of A wants and deserves.

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  • Has anyone been able to get case status from TSC IO?
    I managed to reach a IO but they now say that they are not giving out case status over teh phone and the only way to get it is to put in a 'service request' which will be responded to by regular mail?

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  • It does not violate the constitution so we better of concentrating on other issues. The country has a right to regulate foreign relationships as it sees fit. It does not have to treat all countries equally. Some countries are eligible for DV lottery, some not. Also, per-country limits for employment-based visas apply to those who are in the US and to those who are not.
    We have to push Congress for changes, not courts. Some laws can and should be challenged, but this is not the case.

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  • /\/\/\

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  • Chill my friend. See where it is posted.

    Immigration Voice > General Information > Interesting Topics

    This is a very informative topic....well unless you are a quickstar member who is proud of it.

    Please for GOD SAKE understand that this is an immigration Portal.
    Not a fish market where we can discuss the prices of item at different stores.

    Please stop this Admin

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  • Since the lawsuit is about the getting the lost visa numbers it will be a good case.

    4. INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed

    The law does not mention anywhere that u cannot recapture numbers.

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  • for people who want to invest, there is a investor visa(gc). The limit of investment is little higher though, so only few out of the current EB line will get out. Yes line will get shorter.

    I dont think buying a greencard for 100,000$ or for any money is wise. You already are paying enough taxes, paying legal fees.... and of course spending ur prime here waiting for a permanent resident status.

    So let them grant GCs if they feel like. Dont bribe ur way in!!

    Also if one bought a home and then got a GC, lets say he sold the home right after... what abt it....!!

    you are much better of in india if you cant get GC in the US.

    IEEE-USA ( is saying exactly the following. As you can check, it is very influential on the Hill.

    b) It is not really the smartest thing in the world to bring people here from foreign lands, let them work here in high-tech fields, and then send them back after 6-10 years so that they can compete against Americans from OUTSIDE America.

    c) A lot of EB-based immigrants have been to American colleges and have graduate degrees. Again, see (b) above. Not the brightest idea to have this American-educated and trained high-skilled manpower forced to go back to India and China, the two main US competitors.
    Atleast, not if you are America.

    Bottomline is this. If there have been abuses of the system, and any system will be abused, then those need to be fixed. If there are loopholes, they need to be plugged (and people will come up with more loopholes.) But the USCIS should not throw the baby out with the bath water. Either this country values high-skilled immigrants, or it doesn't. The high-skilled immigrants need to know this, so that they can make decisions in their life. The incompetence of USCIS can't be the instrument of public policy making.

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