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  • What about paragraph 5 that I have posted up somewhere ???
    Does that allow the 7% limit to be exceeded or not ?


    That is why we need more supply.....Once supply is more they can go over 7%...


    Originally; I had interpreted the paragraph to mean if the total visas by category i.e, total visas in eb1 are unused then a country can go over 7% limit in that category (horiziontal spillover).

    However; the law is determining total as total visas for all EB categories as a whole. Therefore, there has to be unused visas from the 140,000 for a country to go over 7%.

    The mystery of horizontal verus vertical was plain to see in November 2005 visa bulletin. There is no mystery about it anymore. It is plain to see for everyone. If they want to litigate it; then it is right from the horses mouth on an offical document of how it is done. I would use that note in the bulletin to litigate if you believe your position is correct; ie., horiztonal rather then vertical.





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  • Couldn't agree with you more.

    What ever gave you the idea that EB ROW only wait for 3 years? There's this common misconception flying around here that somehow ROW just cruises by and we get GC handed to us on a platter when in fact up until yesterday EB-3 ROW was just as retrogressed as any other category not to mention that labor (pre PERM) and name check delays affected ROW just as much as everyone else. For instance, my brother, who is EB3-ROW with a PD of Dec 2002... and has been in the US since early 2000 and is still waiting in line...so do the math.

    We're all in this crap together, some worse than others... so let's stop with this ROW Vs India & China nonsense. Country quotas are unfair and frankly the entire GC process is unfair and unpredictable... We should aim for solutions that solve this issue in a comprehensive way, not by dividing us even further.





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  • Even if it is ok to fight how much resource IV have it to fight multiple issues. Resource means not just money but also time, manpower and effort. Most of the issues can be resolved if EB reform is done as people need not renew H1b as most can get GC within 3 years. Law clearly tells that there should be valid job position for H1b at the time of filing. For consulting bodyshoppers will bring persons here and search for job. That is clearly violation of law.
    But certainly it can be requested to USCIS to change if geneunie persons are impacted. If memorendum is violation of law then USCIS will face lawsuit and you can also do that

    Can you just shut up and get lost....which law is saying that. give us the reference.





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  • Total (EB1+EB2) from 1998 to 2007 --> 35737, 23401 , 47821, 84222, 78484, 29859, 63825, 107328, 58871, 70859



    So IN THE WORST CASE the total (EB1+ EB2) Visas for 2008 are

    48934 + 48934 + 11,148 + 2,000 = 111,016



    IN THE BEST CASE, ASSUMING USCIS USES ALL 28,795 unused VISAS of AC21 FOR 2008 AND THERE WOULD BE 5,000 UNUSED EB4 VISAS, THE TOTAL EB1 AND EB2 VISAS FOR 2008 ARE GOING TO BE 111,016 +3,000(EB4)+ 2*(28,795/3) = 111,016 +3,000+19196 = 133,212



    ----------------------------------




    Type and class of admission 1998-- 1999-- 2000-- 2001-- 2002-- 2003-- 2004-- 2005-- 2006-- 2007


    Employment-based preferences 77,413-- 56,678-- 106,642--178,702--173,814--81,727--155,330--246,877--159,081--162,176

    First: Priority workers 21,375-- 14,844-- 27,566-- 41,672-- 34,168-- 14,453-- 31,291-- 64,731-- 36,960-- 26,697

    I am amazed by your calculations and how much effort you put into this. What is the conclusion come october. EB2 I will move fwd or will be current or will be retrogressed?





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  • SRK also equally crap to talk about...so lets give this thread rest to peace..

    Agreed





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  • Hello Sir/Madam,

    Recently I have E-Filed for EAD renew and have sent all the supporting documents the following day. But I have recieved an RFE for the photos I haven't sent along with the documents and asked me submit 2 color passport photos. It was my understading that I don't have to send the photos while E-filing since they will be taken at the bio-metric appt. I am done with my bio-metric appt. Do i need to contact USCIS about this or is there any thing you can suggest me.

    Regards
    Vijay

    p.s I have already responded to the RFE with 2 color photos.





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  • Language is a very hot boiled subject. We have to be a bit practical about what makes it work. Anti-hindi agitations have other roots as well. Understanding Dravidian history needs an open mind. Same is the case with everything about India.

    IMO, India is not formed with a single ethnic group colonizing almost empty land and forming a nation based on some principles and later vast immigration followed by years on assimilation based on melting pot concept. It is more of an idea that is formed politically. All 4 south Indian states having a vast culture being ordered to use one language perhaps backfired fueled by resentment against upper castism that existed in Congress during that time.

    Again, it is not either supporting or criticizing any event. That is what happened. We have all Hindi movies being super hit in Chennai. Once can walk in any street in Chennai and transact in English. I find many auto-drivers or even common man,go out of way to help when I speak in English in Chennai. So, please dont stereotype,

    Coming back to the point, if we had gone for Hindi as a national and sole business language, (I dont like insisting any thing in a democracy), we would have perhaps missed IT/BPO wave and most of us will not be here in this forum.





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  • http://digg.com/politics/Rep_Lofgren_Issues_Statement_on_Updated_Visa_Bulle tin - 107

    http://digg.com/politics/No_July_4th_Celebrations_for_Highly_Skilled_Future _Americans/who- 127

    we can also digg the comments

    thank you





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  • And how do you support that argument please ?

    8 USC 1152(a)

    (2) Per country levels for family-sponsored and employment-based immigrants
    Subject to paragraphs (3), (4), and (5), the total number of immigrant visas made available to natives of any single foreign state or dependent area under subsections (a) and (b) of section 1153 of this title in any fiscal year may not exceed 7 percent (in the case of a single foreign state) or 2 percent (in the case of a dependent area) of the total number of such visas made available under such subsections in that fiscal year.

    (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.

    5) Rules for employment-based immigrants
    (A) Employment-based immigrants not subject to per country limitation if additional visas available
    If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 1153 (b) of this title for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
    (B) Limiting fall across for certain countries subject to subsection (e) of this section
    In the case of a foreign state or dependent area to which subsection (e) of this section applies, if the total number of visas issued under section 1153 (b) of this title exceeds the maximum number of visas that may be made available to immigrants of the state or area under section 1153 (b) of this title consistent with subsection (e) of this section (determined without regard to this paragraph), in applying subsection (e) of this section all visas shall be deemed to have been required for the classes of aliens specified in section 1153 (b) of this title.





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  • IMO, both arguments and are valid as far as speculations are concerned. It all depends on perspective. In this thread, we are focusing on statistics and calculations. I my self did lot of calculations. However, objectively looking at Ron's comments, it appears like his concern and underlying message is what if USCIS won't adjudicate enough numbers and wastes visa numbers as it did lot of times. He is basing his prediction on years of experience. With recent pressure on DOS/USCIS to use visa number, I think, they are making an attempt to use up all numbers and that will definitely bring life to our calculations. But what If they do not do that.....and their 'target' is a low number.

    Well, we are talking about 'cutoff date move', not actual approved I485's. If USCIS works in full steam, the EB2 backlog will be reduced quickly, which will result in cut off date move; if they don't, the DOS has to move date forward to allow more CP, that will also cause cut off date move. So either way, the horizontal spill over rule will have a huge positive impact on the EB2 dates move





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  • Wow supporting to your own alias comments... And on top of it creating multiple IDs to increase your reputation.

    Is this not how you break the system????....This is called Corruption my friend....

    I can't help myself Laugh the hell out your stupid behavior of yours....LOL

    This is not your YSR's factionist land to be afraid off. Same id or not, you can't pick a hair.





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  • His/Her country of origin and the state chapter is not really relevent for this discussion now, is it?
    :cool:
    Villamonte,
    Just so that we can understand the background of your continues opposition to this idea, could you please let us know your country of origin? Also some information about which state chapter you belong to will be great if you don't mind. :)

    Thanks.





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  • Friend wants to get married to his GF who is here on an F1 visa
    He has had his GC for 2 years now

    Questions?
    - Can he get any paperwork for his spouse befor becoming a citizen?
    - What is the fastest route for him to get his GF the GC?

    Thanks
    Randeep





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  • Administrator,

    There is an another thread on the same topic. Please merge both threads.

    Sorry, I didn't see that thread before opening this.





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  • Labor substitution in my opinion is less that 1% of cases for some one jumping the line. The main problem is lack of visa numbers and processing delays. We are discussing a topic which will have little affect if any on our own GC process. It is a drop in the ocean to say the least.

    I support its elimination because of the fraud that takes place. In the past I have got a pm on another immigration web site asking if I knew anyone who could "sell" them an approved labor!





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  • I would argue that Indian consulting biggies saw that they could offer resources to clients at much cheaper rates than offered by American consulting companies. That drove down billing rates for everyone. Also one cannot deny the fact that persons who faked their resumes have contributed to the decline of the quality of talent pool. Don't get me wrong, bad apples existed and thrived in both big and small companies. But the occurences of such misdeed is/was more rampant in body shops. Some examples are the hiring of fresh grads & H4 & other unskilled workers and passing them off as "high skilled resource".

    On the other hand if American consulting companies bill high rates to clients, they are at leat still paying decent wages to their employees. So wages stay at moderate levels. But what This whole tiered employement brought into play was that the actual employee was not getting paid too much but the client would still pay quite a bit, maybe not as much as what an American consulting company would bill. The wages of IT professionals went down.

    Though this memo is reiterating the same rule again, they want to send a message that body shops are hurting the overall balance of the arrangement they had prior to when desi comapnies setup shops, and that they are keen on eliminating this source of imbalance.

    I agree completely. I fail to understand why people are so upset with this development. Your life will be better in the long run. Cant you all see ?

    cinqsit





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  • Found an interesting thread on this topic in immigrationportal. The post below is by vm_gc who got his GC recently:

    Hi qwerty1111,

    I completely understand where your comment is coming from and respect your comments. But to be fair, i think it's just not appropriate making such comment without completely knowing my situvation.

    I came to this country in 2000 and start working for my current employer, one of the reputed big technology company, in 2000. As the dot com bust started in late 2000, my company stopped applying green cards for employees as per law (since they were not in a position to show not availability of people with my skills and at the same time they started laying off people). But i still chose to stay with my current employer due to the kind of work we do and learning opportunities in my job. Finally my employer applied my GC in 2005 that to non-RIR category (not even RIR category as they still had some issues in applying RIR) as my 6year term was coming near. And this labor is still rotting in the backlog center and i don't know when it will be cleared (and i have already completed my 6year h1b term).

    And in sept 2005, my employer gave me a sub labor, as the labor matched my skills and based on my superior performance (since there were many people similiar to my situvation in my company). This sub labor, i neither bought with money nor with some recommendations. It's completely earned by working hard.

    And the same time, while i was waiting for my labor to be applied, many of friends and people i know of, who came to this country at much later time, went to work for small consultancy companies, applied GC and got GC long time back. How ?. because the small companies don't even follow the laws, can apply GCs in RIR (by showing some junk proofs) and they will open a satelite offices in places like maine, wisconsin (just for their employees GCs) and get the labor approved at a faster rate. While we working at big companies wait for labor to be applied by following strict laws.

    You tell me what is fair in this country, when it comes to immigration process.

    Your situvation could be much worse than me, but that's mainly due to the broken immigration process in country.

    I am not taking any offense on your comments. I wish you good luck and i hope your GC will come through soon.
    __________________
    Sub Labor PD: 8/21/2002, EB2, India
    I-140 : RD 09/22/2005, AD 03/01/2006
    I-485: RD 09/22/2005, AD 11/07/2006
    05/31/2006 : lawyer sent a letter with supporting documents to USCIS for correcting PD on I-140 approval notice. I-140 approval PD shows as 09/22/2005.
    09/14/06: received updated I-140 approval notice with correct PD.
    Finger Prints/Name check - cleared (according to USCIS letter)





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  • As you use the phrase Check Mate....

    Chess is all about thinking strategically several moves ahead.
    Given the current political climate on immigration I think that we will be in a check mate position (on the loosing end) if we pursue that road.

    The anti's would be all over us as soon as we filed in federal district court probably even before a hearing, and definitely after a hearing. If we lost in lower courts the Supreme Court would probably refuse to hear the appeal, in the mean time we'd have just stirred up the anti's hornets nest against us, just as much if not worse than against the illegals.

    Asking Congress to make small changes in the existing laws annoys the anti's. Telling them or forcing them to wholesale rewrite their laws would make us public enemy #1. We would be lucky to have more than a handful of law makers willing to stand up for us. It would kill off all lobbying ability.

    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.


    I would rather negotiate than fight, I would rather lobby than court challenge.

    So yes, check mate, if we follow this route.
    Alternatively, a British phase: Royally screwed!





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  • This is something IV wants to pursue and needs our support!





    Its not the question of economy alone. When deciding to go back. Its a question about convenience.

    a) I don't want to stand in line to pay my Electric/Telephone/House Tax/Income Tax/Train Ticket/Air Ticket/Bus Ticket/Children Admission-donations/Petrol Line/LP Gas Line/Restaurant Line/Chola Bhatura Line/Samosa Line/RTO Office line/Registration line/License Line/Stock Buy line/Stock Sell Line/Bank Deposit Line/Bank Draft Line/Fixed Deposit Line/Kisaan Vikas Patra Line/Registered/Speed post Line/Blue Dart Line/Company registration line/College admission line/College fee line/University degree line/Interview Line/Booking a Car line/Beer Whisky Line/Canteen Line.

    Half the country stands in line, the other half manages the line. Neither has any civic sense.

    b) I don't want to bribe babus who manage above lines to get ahead in line.

    d) I don't want power failures/cooler failures/ac failures/broken roads/or other catastrophic system failures.

    e) I dont want fake or mixed eating oil / flour / milk / cheese / butter / peppers / lentils / rice

    f) I don't want dangerous chemical fertilizers in my produce (slow killers - massive kidney failure rate in India for past 10 years)

    g) I don't want to teach my children dishonesty and tricks of survival/street smartness (in ref to corruption in India) which don't add any value to their personality.

    h) The only reason I would wanna go back is for my immediate family and friends. Thats the only thing I miss when it comes to India.

    I wouldn't go back and I believe even MK Gandhi himself would'nt leave from Africa for India in todays times.

    Also Its the enemy within (corruption) which can cause great harm and we have that kind of enemy now. You can never ever change the attitudes which people carry in India without another revolution.

    I am sure I can come up with a huge list of positives too, They will sound very good and will give me a great feeling of fake National Pride.

    Now go ahead and kill me for saying all the above.!!
    Wow! This can get ugly very quick.

    But I agree with you. I am from paksitan and feel the same way. This decision is more for my kids future and not mine.

    And yes, along with all of the above, add in religious fundamentalism for my home..... :(





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