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  • unitednations
    02-13 02:41 PM
    Again wrong information by you and trying to hide background or historical information. Either USDOS/USCIS has not mismanaged the numbers in 2005. Claiming India and China was given more than they entitled to is wrong . They (DOS) did everything right till 2005. Now only they are violating. One has to study the historical issues before 1999. Before 1999, both India and China (both EB2 and EB3) were retrogressed heavily and backlogged. However ROW was current in all EB catagories. There was no retrogression in ROW. It was always current before 1999.

    For example, here is March 1999 VB

    All Charge-
    ability Areas CHINA-
    Except Those mainland
    Listed born INDIA MEXICO PHILIPPINES
    Employment-
    Based

    1st C 22JAN98 C C C

    2nd C 08SEP96 08SEP97 C C

    3rd C 01JAN95 08FEB96 C C



    As a part of AC21 act in 2000, the unused numbers (about 100,000) were recaptured to eliminate the backlogs in EB categories. The reason was this recapture to remove retrogression in India and China, as because that was only two countries backlogged at that point.

    After that ac21 law, there were additional 100,000 visas available apart from 140,000 visas every year. DOS has given 100,000 additional visas to USCIS in 2000 itself to consume it. Because of USCIS slowness/inefficiency in processing 485s between 1999 and 2004, they even did not have processed the yearly quota. Therefore the recaptured visas were remain unused for 5 years because of USCIS inefficiency. Therefore, at some point, it has to be consumed. Therefore USCIS did backlog elimination drive in 2005 (6 months processing of 485s ) to use all the recaptured visas. The original intension to remove backlogs in India and China. That was done by USCIS. USCIS can not hold that recaptured numbers for ever (by imposing 7% limit in India and China) how the future demands will be in EB3-ROW. Far example, if ROW demands 200,000 EB3 visas in year 2020, USCIS/DOS can not hold that AC21 numbers (that were recaptured in 2000) for ROW to be consumed in 2020, by imposing 7% limit. No one can anticipate future demands.

    Theoretically speaking those numbers belongs (AC21 recaptured numbers came only from EB1 and EB2 pool) belongs to EB1 and EB2 category. EB3 never gave any unused numbers in previous years. Ideally speaking, those numbers should have been issued to EB2 category first to eliminate backlogs in EB2 then only to EB3 ROW. Infact, all the ac21 numbers were used to eliminate retro in EB3 only. In 2005 they issed only 44,000 EB2 compare to about 150,000 visas in EB3. This is big injustice to EB2 India and China.

    Bottom line is EB3-ROW is enjoying with the expense of EB2 India and China.


    I don't think so. 7% limit has been there for a very long time. Unused visas from prior years for ac21 purposes were still subject to 7% in current year. The 7% rule was unchanged.

    It seems that you think that the unused visas from prior year were not subject to 7%. There is nothing of the sort that allows this.





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  • GCWhru
    07-23 11:38 AM
    Guys,

    I think we have talked and analyzed enough about how many visas available for August and September and pretty much arrived at conclusion that at the minimum 20K visas available. (Thanks to vdlrao).


    Now we should talk about capability of USCIS and its processing speed? What is the normal approval rate with USCIS's regular processing. Also we heard that USCIS recruited many people, Do we suppose to see any improvement in processing. Do we think all the 20K visas will be used within 2 months?


    If USCIS is going to approve only 5K visas over next 2 months, there is no point in talking how many visas left.

    Thanks





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  • vkrishn
    07-21 02:38 PM
    Wow. Nice to see so many Bay area folks with bad experience. When i moved to Folsom, CA from Arizona in 2005 and knew no one at Folsom, I was in a Indian grocery store buying stuff and this guy comes to me and starts talking to me nicely.. At that point i did not know about this Amway Crap and infact stayed at the same apartment complex where i was staying. he invited me for tea and started talking about how to beocme your own boss etc.. Thats about it. I politely told him i am not interested and unfortuantely i gave him phone number at that time just to keep in touch and with the only reason not to be rude. He Kept on calling me 2-3 times in a week over two weeks and had to literally be very blunt and really rude to stop harassing me! Thats the end of it.

    I met a person at Great Mall in the Bay area at Bath and Body works and i did not even give him a sec to start his pleasantires. He had a blank look on his face when i told him that if you are befriending me to join you about Amway, I will go to the Police right now that you are stalking me. He left me immediatly. :)

    One of the complaints i have heard from my other friends that if they go to a new place and try to make friends , the locals think of them as related to Amway and was also rightly pointed in this thread.





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  • test101
    07-10 10:11 PM
    The thing is - people are crazy about USA, no matter what - so if you leave someone else will come - thats the attitude here. Exploitation to the core. The way America was built is by slavery. America became such a great country only because of slavery. There were moments in past where people revolted and found liberty - and we are all on that path. Look at the Black civil rights moment etc.

    The problem with the current immigration policy that the government is forcing the companies to outsource the HI-TECK jobs and needed skilled immigrants works like RNS to Canada, and other countries. These jobs could be taken by American maybe, but now they wont have that chance.

    The job that suppose to exsit and be filled by american or immigrant in the teck industry is not going to exist in the US. Instead it's going to exist in Canada for an immigrant.

    The US faces huge nursing shortage, nurses are going Canada and Australia, same for PT's. US is not going to get the tax money, social security nor the jobs. High paid jobs like HI-TECK and nurses,..ect get taxed more and now this tax is going to be in anther country.

    MS started outsourcing, Oracle is following. Nurses & PT's educated in the US are leaving it. This current policy is not for the greater good of the country, it's by cheer of bureaucratic incompetence.

    This is going to become more than just an immigration problem. This is going to hurt the economy& health care real bad if they do not fix it.

    stay toned 5 more years of this and see how bad it's going to get.



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  • mundada
    06-15 04:18 PM
    I hear you buddy but that is what America is and that is what makes America so great. The constant flow of immigrants/productivity growth through technological enhancements will always require you to keep upgrading your skills and hence your salary.

    The moment you were forced to enroll in MBA in an effort to upgrade your skills and hence increase your salary means American model and (comparative advantage) economics are working.

    The same thing happened in agriculture, then manufacturing, and now IT and other industries. It is inevitable!

    By the way, it is not dumping. Here is the real definition of dumping, "the act of a manufacturer in one country exporting a product to another country at a price which is either below the price it charges in its home market or is below its costs of production".
    http://en.wikipedia.org/wiki/Dumping_(pricing_policy)

    For your information, I like everyone was, am and will most likely continue to be affected by the outsourcing/offshoring/onshoring/immigration/technological innovation/etc.

    Finally protectionism does not work. Take a look at Detroit... in 1960s, 1970s and 1980s, the workers bargained for high salaries, job security, retirement benefit plans, etc., free and clear from any foreign worker competition. And now in 2009, take a look at what happened to these workers at the big three, to their house values, to their children's future, to their retirement funds, etc.

    After this do you really think you can protect yourself by closing the door behind you when that is the only exit door, in case you need one!


    Ivar and group,

    I think you guys are missing the plot here. Let me reiterate loud and clear. I am NOT against immigrants getting GC. I will not, even in my wildest dreams, claim that the recession is due to the H1Bs and L1s. That is complete baloney spread around by the anti immigrant lobby. My point is let the deserving the GCs soon and not go thru the mindless wait I went thru.

    Having said that I am for the following :

    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 ? Shuldn't they get paid high too ? This is what I am arguing for. If the outsourcing cos dont 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 ?

    2. Grassley's bill may force some companies to move entirely to India or China. Isnt that good for India and China ? Why are the pro immigrants against this ? Some times I get the feeling as to who actually is pro and who is anti immigrant !!!! In adition, it may eliminate the many backlogs and help the deserving people here.

    3. People who have made a conscious decision to immigrate here have done so considering the standard of living as one of the primary factors in their decisions. In order to enjoy this standard of living, people have to constantly upgrade skillsets to remain competitive in an industry or move to another industry where mass interest is relatively low. Why should these people's lives, after all the travails, be impacted by the low wage scum outsourcing companies. Please remember these companies, like an other company on earth, operate only on self interest. No point in supporting such companies which in adition to the self interest principle also flout rules with abandon.

    4. In my opinion, self interest has alwyas resulted in the greater good of society. Do not confuse self interest with greed. Greed is what caused this financial mess. If people/companies operated with concern for greater societal good, they would have spent billions in concocting an AIDS vaccine for the children in Africa than to spend the same billions in concocting VIAGRA for the rich old men. Since employment based immigration debate involves companies' interests too, we have to balance societal good with some impact for the companies. My suggestion here is that let the outsourcers take the hit. They have always benefitted by flouting the rules. If your concern is way too high for your L1 brothers then you would find it prudent to bring in the law that clearly states "Pay high wages for the L1s or dont bring them in here". I dont understand what is wrong here ? Is it that I didnt convey my message across right or is it that people blindly support immigration ?





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  • vjkypally
    09-23 05:41 PM
    Like I said earlier March is the real bottleneck for year 2005. More than 3000 applications.October bulletin has already moved to Jan22'2005. From other tracking sites there are not too many Feb'2005 applications. But we have plenty of March 2005 applicants. Once it crosses March it will zoom ahead to end of 2005.

    But it could be September 2010 by the time it comes to March,2005.



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  • sbabunle
    04-28 08:23 PM
    Now its just a matter of time..I'm glad it is a rule now. I think
    a ton of applications will end up in trash cans. Especially from these
    consulting companies..

    Only thing is that they have 45 day validity for approved labor.
    Hope they extended it some more time.





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  • angelfire76
    06-02 12:27 PM
    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..

    The US immigration system is the only immigration system which has per country quota, last time I checked. If you are arguing equal opportunity then denying somebody from applying for permanent residency because on their country of origin is denying equal opportunity.

    In fact the per country quota actually violates the philosophy of equal opportunity by providing benefits to people who entered much later into the game and ignoring people waiting for the same benefits, just because they are from a particular country.

    If they were really interested in "equalizing" the ethnic mix of employees in the country, they shouldn't have made H1B dual intent or they should impose this 7% at the H1B level (I don't want to give anybody bright ideas considering the witch-hunt of H1Bs going on now).



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  • thomachan72
    08-18 04:26 PM
    I do not know why this issue is more important for people to discuss. Just because Mr Khan is asked to be a common man? He is not a world famous actor. He is a famous actor to a very very small minority Indian Community in USA. Why should USA give VIP treatment to any star actor from any country of the world? If he was an official ambassador/senior diplomat/Minister, it us understandable. He is simply coming to USA to make money. He will still come again to USA to make money even if he is strip searched again and questioned for more than 66 minutes. Indian government seems to have crossed the line by complaining. This VIP culture that is so prevalent in India needs to change.
    If Indian government really wants to complain, why are they not complaining against the long wait periods for H1B stamping in India. Ordinary Indian citizens going to India for stamping sometimes have to wait several months in the name of security checks. This takes a toll on their life and job in USA. There are several other issues Indian Citizens face in USA. If Indian government has chosen to interfere with the internal matter (in this case national security) of USA, why is it keeping quiet on other matter of importance to its citizens? Indian government needs to stick to its policies and not bend its rules for VIPs.

    As someone said, if his intention was to publicize his new movie and make more money from his share of profit, he may have succeeded.

    Could not have said it better. Atleast we who have been fortunate to see "outside world" have to consider these actors/actresses as ordinary human beings. I would rather say that it is good that this guy was held up for 2 hours. He mentioned that he was taken into a room where several other asians were also present waiting for help. I really hope the guy realizes that not everybody in the world knows him. If on the other hand he had invested his money in creating a sharukh's village for the orphans or done some other huge charity work (not just for income tax evasion) I would have felt sad but even then not terrible as many feel now.
    LESSON THAT WE LEARNT:: EVERYONE GETS TO BE EQUAL SOMEWHERE ALONG THE LINE....
    Dont be too much awed by these artists. They rake in millions but give back VERY VERY LITTLE. So why would be even thinking about them more than the average business person????..
    PS:- Dont misunderstand this as a statement arising out of jealosy or insecurity but it is JUST THE REALITY WHICH HOPEFULLY WE WILL ALL REALIZE ONE DAY.





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  • _TrueFacts
    09-04 08:12 PM
    I spent almost an hr going through these massive 12 pages and concluded to support British's saying "Indians are dogs" and I want to add the following,

    Kanaka

    We should discuss JP. We should invite him to this forum to answer certain questions.



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  • Vishal2007
    05-02 01:12 AM
    I think judging Gandhiji in the context of Indian History is beyond my pay grade. I am sure about the fact that his ideology would remain relevant for much more time in human history.


    I like this (read as a good humor), his ideology would remain relevant for much more time in human history. you go by , Gandhi is father of our nation, I am thinking beyond that, he had power to influence British gov. to avoid death penalty for Bhagat Singh, he never used his power, because he was jealous of Bhagat





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  • poorslumdog
    05-02 11:30 PM
    What a massacre of history! LTTE has killed anyone who has opposed them. They killed Tamils who joined the govt. They killed Tamils who opposed them. they killed Sri Lankan Tamils, they killed Indian Tamils. They have believed in terror at every point of history. It is a terrorist organisation. I believe a lot of Tamils got killed ar Sriperambudar in the rally Rajiv was killed. Sonia on her part appealed for clemency to one of the accused who was sentenced to be hanged because she had a small child. Your passion and facts are getting mixed up here.

    You Moron...open your Freaking eyes and read all the posts here. No one is supporting the LTTE. Why do you deviate from the topic again and again. We are talking about the civilians getting killed...but your freaking mind things and talks only about LTTE.



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  • grupak
    02-13 08:51 PM
    Easy now!!! Simmer down.....

    Its just that every time the VB comes out, we get a lot of posts from folks from India/China who want to remove country limits. And they talk about only removing the country limits, as if removing country limits is going to solve the problem.
    You scare away ROW when you do that.



    Those who talk about only removing the country cap have not thought through the problem carefully. It will only slow everybody down. At the same time only increasing the visa number by say a factor of 2 will not solve the problem either since majority of EB GC are from a few countries.

    As paskal, others and I have been saying IV is for all EB GC, and we should look at solutions that help everyone.





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  • go_guy123
    03-19 05:34 PM
    It is easy. www.cic.gc.ca

    BTW, the job situation is not great there. Others can input too


    Yes true. I am planning to do MBA at U of T for 2 years out of the 3
    needed for citizenship. In fact half of U of T Rotman (high rank as per businessweek ) look at US job market after graduation.

    Its good for Finance and Toronto is close to new york area.
    Yes for IT jobs it isnt that good.



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  • somegchuh
    09-06 02:22 PM
    We applied for canadian immigration in 2002 but didn't have to provide the IELTS results. Things might have changed since then.

    We applied for Canadian immigration through Buffalo, NY in December 2005. I got a letter later in February 2006 stating that the principal applicant (me) must take IELTS. Yes, I sent all the experience letters and a letter of explanation that I have enough English proficiency having stayed in the US for about 11 years, with two bachelor's degrees from a US university, many years of experience, blah-blah-blah. Apparently, that was not enough. So, you better plan on taking IELTS. :)





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  • pitha
    09-24 12:39 PM
    EB2 India forward movement will happen if and only IF USCIS\DOS does Eb1-->eb2 Row-->Eb2 India \China visa spillover every quarter. There are 4050 pending eb1 485, assuming about 2000 more eb1 485 are added for the next 2 months ther will be 4000 Eb1 (10000-4050-2000) visas avialable for spillover in December 2009. If DOS does a spillover into Eb2 ROW then there would be forward movement for Eb2 India as there are only 7150 Eb2 ROW 485 pending and if 1000 more eb2 row are added for next 2 months EB2 India\china should get approximately 6000 visas [10000 -7150(pending eb2 485-1000(new eb2 485 for next 2 months) + 4000(spillover from Eb1)]. If they dont do spillover the above way then Eb2 india dates would most probably move back until August\Spetember 2010. Can we request DOS to do spilllover every quarter instead of every year because they know the demand from the USCIS report and lot of Eb2 India\ China 485 are pre adjudicated.



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  • chanduv23
    06-28 03:46 PM
    Please post all rumors in this thread. Maybe this rumor thread becomes a sticky so that people wont start new rumor threads.





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  • stupendousman11
    09-21 09:25 AM
    Here's my situation:
    - H1B visa in the 6th year
    - I140 approved
    - I485 applied July 2 '07
    - EAD and AP available

    I am getting laid off on Sept 30, but will be on salary and benefits continuation (SBC) for 5 more months until Feb end ie. I'll be paid 100% of my base salary on a monthly basis. Assuming that I don't have another job offer by end Feb, my questions are:

    1. What is my H1b status Oct 1 onwards? Am I still on H1 until Feb end? Or does my H1 get revoked the day the company intimates USCIS/INS?
    2. How long do I have after Sept30 to find and job and retain my H1 status?
    3. I have read somewhere that if there is an employment gap on an H1 the H1 transfer may get approved but I'll have to exit the country and get back in again. Is this correct?
    4. Since I have an EAD, am I safe? Can I stay unemployed on an EAD?
    5. My current EAD expires Oct 24. I had applied for a renewal Aug 6 so don't expect to get it before the Oct 24. Will this gap in EAD cause an issue with regards to my GC process or ability to stay in the country?

    Thanks.

    Samay, look fwd to you comments on my situation. Thanks.





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  • unitednations
    02-13 03:00 PM
    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.





    franklin
    02-14 10:51 AM
    Is there any proof that there are even are unused visas? I find this topic a rather moot point.

    With India, China, The Philipinnes and Mexico all being oversubscribed, they appear to be reaching their 7% limit. With all the countries in ROW I doubt if any one country is even vaguelly reaching their 7% limit.

    With the obvious retrogression across the board, it just tells me that there isn't anything spare to share around in whatever direction.

    Am I just totally missing the point?!





    fide_champ
    08-17 11:17 AM
    You nailed it brother! SRK is just another moron who thinks he owns the world! All things being equal, there is no reason for him to get any special treatment at all -- he is no diplomat or a guest of this country. If there was something wrong with his luggage and/or profile that made the CBP flag him and question him, I don't see anything wrong with that. I can't agree more with you on the stupid "VIP" culture that sits deep in the roots of these glorified-beyond-reality idiots.

    And then there are people here comparing India and the US...what the heck! This is America and they can do whatever they like to keep it safe...who are we to say that our "star" deserves better treatment when they don't spare their own people? :mad::rolleyes:

    This is just a case of another innocent civilian getting affected for no reason. SRK has travelled to US many times and USCIS has his finger print and knows who he is. Still just bcs his last name was khan, they found reason to interrogate him for 2 hours. I just don't see any logic in what they did. We are not saying they should not have all these security checks but it should be consistent and should have some meaning.