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  • humdesi
    11-12 05:17 PM
    DOL cannot do anything about labor sub. USCIS must stop using old PD. FOr this, we need to appeal to USCIS. Do you know who to address the letter?

    Having said all these, let me ask you something?

    How many of you wrote to Dept. Of Labor to stop Labor
    substitution when they put a comment period for the proposed
    removal of Labor Sub?

    Everybody knows that the system is broken. The whole point
    is what are we doing to fix it? This is a foriegn land. So we have to
    work thrice of 4 times harder to change the system in place. Are we
    doing that?

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  • desi3933
    06-15 03:54 PM
    1. If the outsourcing companies would pay on an avg at 80K per head for the "well qualified" people, I am even ok with their dumping their dumping the L1s here. Why is it that you guys are ok with the L1s being dumped at 40K-60K salaries ? Shouldn't they get paid high too ? This is what I am arguing for. If the outsourcing cos don't want to pay this rate, then keep them in the country of origin. No need to depress wages here. Is this a wrong thing to ask ?

    Where did you get that 80k number? You think 80k is good salary for that job, someone else may say 65k, I may say 90k. The salary, among other things, is determined by market forces. If you can't find enough people with xyz then company will be forced to offer more.

    As long as there are people who are ready to work on salary 52k (example), employer will not pay 70k. As long as employer is following all the legal requirements, no one can dictate salary for the job.

    I am a US citizen of Indian origin with background in Computer Science, Finance, and Business Laws. I have been in this country for 11+ years and I have seen so many changes in tech world. Nobody talks of sign-on bonus on H1B anymore. I am dot net architect and I am seeing lot of competition for jobs and this is causing downtrend pressure on salary. But, instead of, blaming someone else for the competition, I am taking it head on. We need to keep working on our skillset and employer will pay the salary. Like they say, for the right candidate salary is not a constraint.

    Let us not forget our struggling days of H1. The least, we can do, is to encourage our fellow immigrants who are waiting for their green cards.


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  • Rohan99
    07-28 01:03 AM
    One way to know the truth will be..
    Inform immigration law enforcement authorities about next Amway meeting place and tell them that H1B visa holders are doing illegal work... I am sure we will have some extra visa numbers

    Sure with dead bobhead braincells of yours, nobody expects your self image to be high enough. Its not for wimps wearing zippers to the side like you. If you are man enough come and talk to me, and will see who gets handcuffed.

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  • HopeSprings
    09-24 01:41 PM
    The calculation done by Bharatpremi seems to have flawed while calculating spill-over. Spill-over is first by preference and then by country. That is how till VB of August 2009, you see ROW EB1/2 was current and ROW EB3 was U and EB2I was in 2003.

    Now, considering spill-over by preference first, the following could be a conservative analysis:
    I am trying to see if EB2I can cross Dec 2006 by end of FY2010. So, we will consider only those cases that might be placed before EB2I PD as Dec 2006.

    Consider all the pending EB(1+2+4+5) cases reported so far for ROW, China, Mexico and Phil and add it to pending EB(1+2+4+5) cases for India till end of 2006. The number is around 68000.
    Assumption (the numbers for FY 2010 for cases that might be placed before an EB2I case with PD Dec 2006) -
    - All EB4/5 cases till end of 2010 FY - 2000
    - ROW, Mexico, Phil EB1/2 - 8000
    - EB1 I/C - 1000
    - The new cases from EB2C (PD Sep 2009 onwards) will not be placed before EB2I PD Dec 2006

    Assuming cases cleared in the month of September - 4000 (around 7000 are eligible based on the cut-off date).

    Total visa numbers required to clear off EB2 till Dec 2006 = 68000+2000+8000+1000-4000 = 75000

    Visa numbers available for AOS for EB (1+2+4+5) in FY 2010:
    Assuming 15% go to CP.
    Total number for AOS = 119000
    EB1 (28.6%) - 34034
    EB2 (28.6%) - 34034
    EB4 (7%) - 8330
    EB5 (7%) - 8330
    Total Visa numbers available for AOS for EB (1+2+4+5): 34034+34034+8330+8330 = 84728

    So, total number needed to move EB2I past Dec 2006 is 75000. Total available for this cause is around 84000. If USCIS uses all the available visas, spills over only during last quarter and maintains Preference-first spillover policy, I think the visa dates will move well ahead of Dec 2006 by end of FY 2010, most likely in the following way:

    Oct 2009 - Dec 2009: Jan/Feb 2005
    Jan 2010 - June 2010: Mar/Apr 2005
    Jul 2010 - Sep 2010: Feb/Apr 2007


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  • _TrueFacts
    09-04 02:29 PM
    YSR is dengerous than SWINE FLUE...shame on YSR's Son.

    Over 100 die after YSR's death..

    India - NEWS - The Times of India (

    See what posters in Times of India say

    Raj,Uk,says:With all due respect to YSR but his followers are not leaving any stone unturned in capitalising his death it seems like a race to make him most popular leader. If the number of deaths due to shock to be considered as the measure of popularity then YSR becomes far more famous then Mahatma Gandhi, Jawaharlal Nehru, Indira Gandhi, Rajiv Gandhi et al. This is a wrong precedence we are setting by publishing the unconfirmed news, just think what will happen post mayawati/lalu and other so called popular leaders.

    Ek,BLR,says:60 people dying is a joke..bigger joke is people dying of cardiac arrest...I have never heard of anyone having a cardiac arrest at their mother, father,wife or for that matter their Child's death.......These people attribute any death happening on these days to YSR's death..I am not denying there are some fools who are capable of committing suicides though!!!

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  • pappu
    06-02 10:46 AM
    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..

    Then how do you explain no country quotas for undocumented in CIR?

    We need to strongly oppose reasons that we hear in favor of quotas because country quota is discriminatory.


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  • sunny1000
    06-28 08:22 PM
    I suggest that you do this: Send the URL from AILA's memo about what happened to EB3-other worker category in June. And copy your HR and senior folks of your company when you email lawyer. That will tend to focus the attention of your lawfirm and they will either have to say "We will file asap" or they will have to say "AILA's memo doesnt mean anything".

    I bet they will come back with the former conclusion.

    Apparently, these lawyers have been too conditioned to work 30 hours per week and now, having to work 60 hours per week is too tough. NEWSFLASH LAWYERS : We idiots in IT and software very often work long hours to meet project deadlines. Its a part of life. Get used to it or like I said before, find something else to do. Like basket weaving or poetry writing so that you dont have to see deadlines and dont have to burn midnight oil.

    The lawyers are like USCIS where you are a "case" and not a human being. So, their attitude is that "I will get to it when I get to it" with no sense of urgency even when someone's life hangs on it...this is what they call "customer service" :rolleyes:

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  • snathan
    03-30 02:08 PM
    May I know who is that redard gave me red...?


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  • mallu
    02-14 02:50 PM
    Let USA take a statistics of the current population and then decide which category of countries need more or less immigration to balance true diversity.

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  • return_to_india
    05-19 10:23 PM


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  • BharatPremi
    12-14 05:38 PM

    --What if 10% a year from one country continues for few years...

    What if only few countries ONLY can supply the required skilled labor sufficiently and no other countries can?

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  • visves
    02-14 07:23 PM
    If we increase the number of links from other web-sites, blogs etc to, then immigrationvoice should show up earlier.

    If you google retrogression, IV doesn't show up until page 2.
    Is there anyway we can change this? So that IV is the first link that shows up? Anyway know about this.


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  • chetanjumani
    12-14 12:45 PM
    You don't have a case. Before laws are signed, lawmakers spend hours and hours or weeks arguing, debating and modying before it is passed by both Senators and congressmen.

    If they change the current law to favor Indians, then it will be disciminatory to other nationals. Think the other way.

    Personally, I don't see any discrimination in the existing law. It so happened that you came from Indian and the law only allows a certain percentage per country.

    I am not sure if correcting a discrimation can be considered as discrimation againt group who were in an advantageous position before the correction is done.

    I dont think any one wants any changes in favor of a particular nation, in fact they want it to be without favor to any particular nation and treat every one with equality.

    I am not a constitutonal lawyer, but I believe if we pursue it, the per country limit may be removed.

    How ever I am not sure if that will be very helpful to us now. Even if there is no per country limit, i think we will have to wait for years before the visas are made available.

    I think, Immigrant voice should strive to make the system as fair and as efficient as possible, irrespective of in person who gains/looses from it.

    Another very important thing here is not to get divided amongst ourself. If we do that we are not going to get much.

    Take an honest view irrespective of your personal loss/gain.

    We might even try to ponder how we could use this to get media/public focus on legal immigrant community, and its inefficiencies. Use this to forward all our causes.

    We might want some people in PR to put this in media that perhaps there is something unconstitutional in the law, without going to the extent of filing a law case.

    I would encourage every one to come up with imaginative ideas to achieve our overall goals of an efficient and fair system for legal immigrants.

    Please help grow this idea

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  • imcdude
    11-11 10:54 AM
    While Pre-approved labor is ok, the priority date of the original applicant should NOT transfer over to the beneficiary of the substituted labor. The injustice is there.


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  • eeezzz
    07-17 11:35 AM
    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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  • kuhelica2000
    02-13 10:06 AM
    I couldn't agree more with you. The limited number of GC is definitely a critical factor. But we have contributed to this mess ourselves. Look what happened with EB2 India. Did India started producing EB2 talents overnight? No; rather we started polishing our resumes with inflated years of experience and job description so that we can apply to EB2. The system is too liberal and based on trust. If employers start scrutinizing resumes and certificates a lot of applicants will simply drop off from the GC queue.

    Before the Y2K problem, the most common route for Indians to migrate to the US (EB category) was this -->

    Admission into US university (most likely for masters)
    Scholarship or loan
    MS/Phd in US
    Internship using OPT
    Job/ H1

    Since this involved multiple non trivial steps; the barrier for entry was pretty high that prevented mass migration.

    There were procedural delays (in some states with a lot of Indian population ( oh yeah; labor certs used to take 3-5 years esp in California, Texas & Northeast; but you could get labor cert faster in south dakota or such less densely populated places; but once you hit the 485 stage, you were certain of a GC within a few months )

    And then along with Y2K came TCS, Wipro, Infosys, & infinite other bodyshops that suddenly changed the equation. No need for TOEFL, GRE. No need to fight for scholarship; no need for TA. no need for RA; no need for MS; in a lot of cases, no need for even UG degree in computers/engg. The requirements ranged from having all 10 fingers in place to knowing the right people in the bodyshop company to land an assignment in the US. Once placed at a client site, it was just a matter of finding the right opportunity to get the client to sponsor your H1. I am sure there were a lot other ways the H1 & L1 visas were abused.

    So the situation changed from just procedural delays to procedural delays + extra influx of Indians due to H1/L1 visa misuse.

    Ofcourse, we can only blame the inefficiencies of the USCIS/INS/DOL system & silently turn the other way when malpractices & visa abuse were rampant (I guess still is) in the IT bodyshop industry.

    I am sure this rant will seem extremely prejudicial. But just for a slight moment; think about why all this happened.


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  • Michael chertoff
    07-12 02:03 PM
    My question:

    I left my GC sponsoring company, and joined different company on EAD. working in new company from last two months.(My I-140 was approved on 2006.)

    I did not used AC21 , because my previous company is supporting me they said they will not revoke I-140 and will give me any letter on any RFE.

    My question:

    1.Is it Ok that i will keep working on new comapny without invoking AC21 and go back to my previous employer on i-485 approval.

    2. Or in case of any RFE i will send the AC21 paperwork from new employer.

    3. Or if there is no RFE, and i get approval. then i will go back to my old employer and ask them for a letter that they are not able give me job because of there financial reason(for my records to show that i wanted to work for that employer). I will keep working with new employer without informing USCIS.

    please suggest what should i do in this situation.

    Or it is must to INVOKE AC21 for me even both companies are supporting me.



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  • Tito_ortiz
    03-14 12:02 PM
    Just fill out the forms and submit them. It is very easy. It took 6 months for me to get the PR in the Socialist Canada. Then it took 1 month for me I should get out of there quickly. Very low pace, not many high level employment, high taxes. I visited a friend there last weekend. In Vancouver, it rains like hell and it is depressing to me. I said, darn, why am I living here? If I am not going to have significant career advancement, I should go back home than staying here enjoying this rain. In Toronto it is cold like hell. Go there and spend a couple of weeks and see if you like it. People are usually friendly there. In the end, it depends on how bad is back home when compared to Canada. Good luck.

    Hi, I am seriously planning to start Canadian immigration after wasting 7 years of my life in chasing GC. Can anybody suggest some good lawyers/attorneies/agencies who are not money suckers like US immigration attornies ? Also, somebody mentioned that one can apply Can immigration by himself. Is there any issue with that ?

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  • oguinan
    02-13 11:29 AM
    I'm not sure that your numbers add up. There's no guarantee that anybody would receive a green card before their 90 or 180 day I-94 expires. Leaving the US and reentering to remain in status then runs the risk of putting immigration application in danger. In reality - PERM takes a couple of months to complete with advertising, interviewing, preparing documents and filing. The I-140/485 process takes another 6-8 months assuming that there are no RFEs and your case is processed in the faster service centers. This timescale only works for ROW applicants if they meet the EB-2 standard. This is not an easy standard to meet for many people who have worked at the same employer for a number of years.

    On a separate note, CIS is supposed to meet a standard where most green card applications are evaluated within less than a year. They claim to meet this standard by quickly approving applications whose dates are current and then not including backlogged applications in their calculations. One more example of fuzzy math at the CIS...

    to file a 485 a person has to be in non immigrant status.

    The dual intent doctrine applies if a person is on a non dual intent visa and they file a 140 or a 485 and they then try to extend their non immigrant visa. At this point it will get denied. However, as long as they dont' have to renew it (because they have a 485 filed), then they are good to go for the greencard.

    it is only an issue in trying to renew a non dual intent visa once you have showed immigrant intent. This would be a person who can't file the 485 but instead has a 140 or 130 filed for them. At this point dos/uscis would not allow them to extend the status or allow them back into the country.

    06-16 03:58 PM
    On the Mark:)

    I am waiting in the line as well for GC or to be sent back home and personally, I want everyone to get their GC and don't agree with dilipcr. Kind of off-topic but I made this observation:

    IMHO simsachu's reasoning is sound.

    Your example is not the same as simsachu's. simsachu assumes there are way more "bad" fish compared to the good one's in the population. Hence you need to catch more fish to come across a "good" one.

    You assume the opposite (there are very few bad fish) and hence come to the conclusion that catching more fish would net you more bad fish (but way more "good" fish as well) as well. But given your assumption, it is puzzling why you want to have lesser number of GC's (if indeed that is what you are advocating, I haven't read all the messages in the thread) when you assume there are way more "good" candidates than bad.

    Roger Binny
    08-15 08:35 AM
    Try detaining any of their top Hollywood Heroes at an Indian airport for 2 hours and see how USA media and people will react to it.

    You people have no respect for your own motherland and always think everything American is good than your own country. Learn to stand up for your motherland. Just because you want your greencard does not mean you forget your roots. Anti-Immigrants (read racists) of this country will still call you slumdogs even if you are a citizen of this country. But your own country people will never forget you and will accept you as their own even if you have lived here for 50 years.

    Learn to love your motherland.

    Excellent reply.