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  • vdlrao
    07-14 11:02 AM
    EB2 dates may be unavailable/ dont move. But it is just for a very short span of time. And after that EB2 dates start moving quickly again. I presume by 2009 october, the EB2 India PD will close to 2008. Any retrogression, if there is, in EB2 will be very mild from now on because of the spillovers.

    Regarding EB3: Every year there had been about 100k approvals in EB3 category, out of around 160K(even though there are 140k visas, there have been approving more because they are using unused family visa numbers) approvals in Employment Based Category. This is because of vertical fall outs of visa numbers. Now they have changed the scenario to horizontal fall outs (spreading across at the same category level( ex. EB2) irrespective of country of chargeability.). So this time it would be around 100K approvals in EB2 category.

    Let us make as much noice as we could because of EB3 retrogression. That doesnt effect EB2 movement. But may make it possible visa numbers increase for EB category by legislation. So we have to support this agitation made by our EB3 friends.


    I could seee all the EB3 folks with PD older than 2006 and EB2 folks with PD older than 2008 will be cleared off in the next two years. I am sure there wont be not more than 1 or 2 years delay between EB2 and EB3 categories in near future.And there are lot of things going to happen for employment based immigratin in the next two years.


    This EB2 movement of 2 and half years is just a first step by DOS.





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  • IL_Guy
    06-08 11:42 AM
    [QUOTE. Life would be boring playing safe.[/QUOTE]

    Thats me, man! I tried both options "playing safe" and "daring out". I liked the later one better. I'm a H1-B, I owned a home for last five years and I'm absolutely happy.

    My thoughts are that you should take risks in life (Home, Stocks...etc) until you are 40, you may win some and lose some. If you lose, you still have time to recover...either in US or your home country, at least you tried.

    Regards.





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  • Macaca
    12-14 11:40 AM
    Plan B For Pelosi And Reid (http://www.realclearpolitics.com/articles/2007/12/congressional_democrats_need_n.html) By E. J. Dionne | Washington Post, December 14, 2007

    WASHINGTON -- Congressional Democrats need a Plan B.

    Republicans chortle as they block Democratic initiatives -- and accuse the majority of being unable to govern. Rank-and-filers are furious their leaders can't end the Iraq War. President Bush sits back and vetoes at will.

    Worse, Democrats are starting to blame each other, with those in the House wondering why their Senate colleagues don't force Republicans to engage in grueling, old-fashioned filibusters. Instead, the GOP kills bills by coming up with just 41 votes. Senators defend themselves by saying that their House colleagues don't understand how the august "upper" chamber works these days.

    If Bush's strategy is to drag Congress down to his low level of public esteem, he is succeeding brilliantly. A Washington Post/ABC News poll released earlier this week found that only 33 percent of Americans approved of Bush's handling of his job -- and just 32 percent felt positively about Congress' performance. The only comfort for Democrats: The public dislikes Republicans in Congress (32 percent approval) even more than it dislikes congressional Democrats (40 percent approval).

    The Democrats' core problem is that they have been unable to place blame for gridlock where it largely belongs, on the Republican minority and the president.

    In an ideal world, Democrats would pass a lot of legislation that Bush would either have to sign or veto. The president would have to take responsibility for his choices. The House has passed many bills, but the Republican minority has enormous power in the Senate to keep the legislation from ever getting to the president's desk. This creates the impression that action is being stalled through some vague and nefarious congressional "process."

    Not only can a minority block action in the Senate, but the Democrats' nominal one-vote majority is frequently not a majority at all. A few maverick Democrats often defect, and the party runs short-handed when Sens. Joe Biden, Hillary Clinton, Chris Dodd and Barack Obama are off running for president.

    And Bush is learning that even when bills reach his desk, he can veto them with near impunity. On Wednesday, Bush issued his second veto of a bill to extend coverage under the State Children's Health Insurance Program to 10 million kids. Democrats have the high ground on the issue and more than two-thirds support in the Senate, but the bill lacks a veto-proof House majority.

    After Bush vetoed the first version of the SCHIP bill, Democrats changed it slightly to make it more attractive to Republicans. And the new version passed both houses too. When Bush vetoed the SCHIP measure again, almost nobody paid attention. The Washington Post ran a three-paragraph story on the corner of page A18; The New York Times ran a longer story -- on page A29.

    Democrats can't even get credit for doing the right thing. If Congress and Bush don't act, the alternative minimum tax -- originally designed to affect only Americans with very high incomes -- will raise taxes on about 20 million middle- and upper-middle-class people for whom it was never intended.

    Democrats want to protect those taxpayers, but also keep their pay-as-you-go promise to offset new spending or tax cuts with tax increases or program cuts elsewhere. They would finance AMT relief with $50 billion in new taxes on the very wealthiest Americans or corporations. The Republicans say no, just pass the AMT fix.

    Here's a guarantee: If the Democrats fail to pass AMT relief, they will be blamed for raising taxes on the middle class. If they pass it without the tax increase, deficit hawks will accuse them of selling out.

    What's the alternative to the internecine Democratic finger-pointing of the sort that made the front page of Thursday's Washington Post? The party's congressional leaders need to do whatever they must to put this year behind them. Then they need to stop whining. House Speaker Nancy Pelosi and Senate Majority Leader Harry Reid should put aside any ill feelings and use the Christmas break to come up with a joint program for 2008.

    They could start with the best ideas from their presidential candidates in areas such as health care, education, cures for the ailing economy and poverty-reduction. Agree to bring the same bills to a vote in both houses. Try one more time to change the direction of Iraq policy. If Bush and the Republicans block their efforts, bring all these issues into the campaign. Let the voters break the gridlock.

    If Democrats don't make the 2008 election about the Do-Nothing Republicans, the GOP has its own ideas about whom to hold responsible for Washington's paralysis. And if House and Senate Democrats waste their time attacking each other, they will deserve any blame they get next fall.





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  • alterego
    07-13 02:09 PM
    Having a cut off date of April or Dec 2001 for the past few years is as good as VISA being unavailable. So India EB3 was unavailable for the last 3 years or so (except last july).

    That's not the case with EB2. EB2 on paper has preference, I agree. That does not mean EB2 should have ALL spill over numbers. Split it 75-25 if not 50-50. Dec 2001 for a retrogressed country is just unfair. When you issue some EB2 2006 numbers issue some to EB3 2002 people as well. Is it too much?

    Fairness is not what this is about. That is the whole issue. Is it fair that EB2 India has been waiting for years while EB2ROW has been current? Is it fair EB1 is over supplied with visas while EB2 India even EB2NIW was left heavily retrogressed? Worse yet, is it fair that the USCIS interpreted the law wrongly and gave visas to EB3ROW at the expense of EB2I? Was Labor Subs. Fair?

    It is not about fair my friend. I am not unsympathetic to your plea for more EB3I relief. There absolutely should be some, and through a legislative fix. However the executive branch of Gov't has to implement the law as it stands.



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  • Macaca
    07-23 07:48 PM
    Big Labor flexes its muscles in Congress � with mixed results (http://thehill.com/business--lobby/big-labor-flexes-its-muscles-in-congress--with-mixed-results-2007-07-24.html) By Ian Swanson, July 24, 2007

    The day after voters returned Democrats to power in the House and Senate last year, the AFL-CIO held a press conference at its Washington headquarters to announce that union members had come to the polls in large numbers to vote Democratic.

    They also promised to remind the new rulers of Congress that labor put them there, and that unions would be back in 2007 looking for support. So far, all indications show Democrats in Congress have been happy to oblige one of their most loyal constituencies.

    Legislation backed by labor that was left on the shelves when the House was under Republican rule has been dusted off by Democrats and moved to the floor. This includes so-called card-check legislation approved by the House earlier this year, which was the subject of a huge lobbying fight between labor and business.

    By contrast, free-trade agreements opposed by labor and negotiated by the Bush administration have been delayed, some apparently until after the 2008 election.

    �There�s been a dramatic change since January,� said Bill Samuel, a top lobbyist for the AFL-CIO who is in frequent communication with Democratic leaders. �Issues that have been long ignored are now getting the attention they deserve.�

    �I think they�ve done a fair job in recognizing what our priorities are and addressing them,� agreed Fred McLuckie, legislative director of the International Brotherhood of Teamsters.

    House Republican Conference Chairman Adam Putnam (R-Fla.) agreed with the labor leaders, but put a different spin on the changing tides.

    �The brazenness with which they�ve paid back Big Labor is astonishing,� said Putnam, who thinks the loyalty will come back to haunt Democrats next year, particularly since labor unions now represent less than 8 percent of the nation�s private workforce.

    Putnam said the shifting fortunes for labor reflect �a blatant return to the old stereotype of Big Labor bosses pulling the strings of Democrats.�

    Few Democrats, however, seem to think helping labor will hurt them. For example, only two House Democrats voted against the card-check legislation despite intense lobbying by business groups and negative advertisements in some districts. In the Senate, every Democrat voted in favor of card-check on the floor, as did Republican Sen. Arlen Specter (Pa.).

    Pro-business Democratic Rep. Adam Smith (Wash.) said he has some differences with unions on trade. But he has no problem supporting card-check or other pro-union bills that he sees as helping low- and middle-income workers get a share of the economic pie.

    While card-check legislation, formally known as the Employee Free Choice Act, received the lion�s share of headlines over the first half of the year, dozens of other measures designed to help the labor movement have been inching forward.

    For example, lawmakers have attached to several bills language requiring that workers be paid a prevailing wage � and the tactic has helped highlight divisions within the Republican Party. Fifty House Republicans voted to keep prevailing-wage language in a water-resources bill earlier this year.

    In addition, the Teamsters and the International Association of Machinists & Aerospace Workers won a provision in the House Federal Aviation Administration bill that makes it easier for employees of Federal Express to form unions, which could be a boon to the Teamsters and the machinists union. A second provision backed by labor would force the administration back to the negotiating table with air traffic controllers.

    And just last week, the House approved a bill providing collective-bargaining rights for firefighters and other first responders in all 50 states. The lower chamber also passed a Department of Labor funding bill that offers increased dollars for workplace enforcement offices like the Wage and Hour Division, which looks into claims that overtime is not being paid, while cutting funds for an office that investigates union corruption.

    In the second half of 2007, the AFL-CIO expects to push for bankruptcy law reforms as well as legislation overturning a National Labor Relations Board ruling that broadly defined workers considered to be supervisors. Overturning the decision could allow many more workers to qualify for collective bargaining rights.

    Furthermore, the Teamsters will continue to press Democrats to prevent the administration from carrying out plans to allow Mexican trucks access to U.S. roads, McLuckie said.

    Meanwhile, the Service Employees International Union (SEIU), which split from the AFL-CIO a few years ago, is lobbying aggressively on several broad policy issues, including an expansion of the State Children�s Health Insurance Program, according to Secretary-Treasurer Anna Burger.

    The debate over ending the war in Iraq is also a top priority for SEIU members, who are even more anti-war than the rest of the nation, Burger said, explaining that the SEIU sees the Iraq war as diverting funds that could be used to provide universal healthcare and other priorities.

    Still, while union proposals have won momentum, only one union priority � an increase in the minimum wage � has actually become law. Other measures have been held up in the Senate by Republican-led filibusters or are threatened by presidential vetoes.

    While the AFL-CIO�s Samuel admits that moving from a defensive posture to offense has been exciting, he said there is frustration that labor issues have been held up in the Senate. And he insists Democrats have not given labor a blank check, even though he and his colleagues are spending more time in the offices of House Speaker Nancy Pelosi (D-Calif.) and Majority Leader Steny Hoyer (D-Md.) in this Congress. �You still have to argue your case on its merits,� he said.

    �For the last 12 years we were for the most part on the defensive,� Samuel continued. �It was other people who were making decisions which we were reacting to. I think now we are able to make decisions, to decide what issues to promote.�

    AFL-CIO officials meet weekly to decide which issues to push for. They are also in frequent contact with other labor leaders, who say there�s no evidence that Democratic leaders are playing favorites among the sometimes-fractious labor movement.

    SEIU and the Teamsters left the AFL-CIO a few years ago and formed the Change to Win coalition. But McLuckie said he hadn�t heard any complaints within the Change to Win coalition about access to Democrats.

    For their part, Republicans hope to use labor�s successes to portray Democrats as too compliant with union demands. For example, the National Republican Senate Committee is already trying to raise money from small businesses spooked by the card-check bill.

    It has produced an ominously scored video featuring grainy footage of Senate Democrats rallying for the card-check legislation to convince businesses to donate to the GOP next year. In the video, Senate Majority Leader Harry Reid (D-Nev.) tells the crowd, �We have a majority in the U.S. Senate because of you.� Meanwhile, the figure $1,389,489 flashes on the screen to reflect the contributions Reid has received from �Big Labor.�

    The video closes with Sen. Hillary Rodham Clinton (D-N.Y.) promising to sign the bill into law when she is president, and notes Republicans need only two seats to regain control of the Senate.

    While unions are holding off on their presidential endorsements for now, the video reflects their long-term plan for card check. In 2009, labor hopes to have a Democratic president and a larger majority in the Senate, which would make business-backed filibusters more difficult.

    �I think it will be easier next time,� said Samuel, who thinks the labor agenda in Congress will help Democrats in next year�s elections. �I think these measures are generally very popular.�





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  • gimme_GC2006
    03-24 09:37 AM
    hehehe..

    Looks like this thread is taking a different turn..

    to set the records..I was never been on bench, always paid, and never out of status..

    Also, I have sent all the docs to them


    and I dont think they are looking into case suspecting something..mine was a random pick transferred to NBC.. last year.

    And My case was almost approved last Aug2008..during the interview..but visa numbers were exhausted already for the fiscal year (remember.DOS bulleting said visa #s are there but in reality they were long gone..they only gave statement so in the Mid sep2008)..

    so..I think since it was lying there laying eggs, a different officer started looking into it all over it again..apparently, I assume earlier officer didnt put any note on it



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  • nixstor
    08-10 07:55 PM
    Guys,

    Did any one watch Lou this evening? I switched on the TV and I saw H1B visa on the back ground and Lou was just done thanking a guy for being on the network. What was that about?





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  • desi3933
    08-05 03:39 PM
    Don't remember exactly, I can look into the wording of the law but I think post bachelor 5 year experience for EB2 is a law and not Memo.

    Incorrect. Law does not mention 5 years. It simply says advanced degrees or their equivalent. Read for yourself (again!)

    ----------------------------------------------------------------
    INA: ACT 203 - ALLOCATION OF IMMIGRANT VISAS

    Sec. 203. [8 U.S.C. 1153]

    ....
    ....
    ....

    (2) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability. -

    (A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraph (1), to qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, an d whose services in the sciences, arts, professions, or business are sought by an employer in the United States.


    .....



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  • logiclife
    07-09 01:11 AM
    Well, we had a good debate on Radio on KPFK today.

    I would like to thank Rajiv Khanna, Stuart Anderson, Carl Shusterman, Ashish and Swadha for participating on this show. Also Aman and Ashish for arranging this with Debo.

    Today, a caller called the show when Debo opened the phone lines and this guy, named Mike, went on and on about how H1B program is similar to slave trade and H1B workers live like insects by piling up 10 people in a one-bedroom apartment and work 100 hours a week for 30 thousand dollars a year bla bla bla.

    Without studying due process, or policy analysis, simply crying "Slave Trade", "H1B stole my job...waaaah...waaah", "H1B replaced me...waaah...waaah", they create good sound bites and play victims.

    Really, H1B program and employment based greencard program, that brings professionals in skilled occupation into this country to fill a shortage of skilled workers has been vindicated beyond limit. And they keep beating the same drums. "They steal jobs". "They drive down wages". They make good soundbites. And they make good quotes for Lou Dobbs.

    Let me say this to Mike and the likes of Zazona.com

    Employers dont just go around spending thousands of dollars on H1B fees and greencard fees to hire a guy with foreign accent if a native citizen was available. And they do not underpay them, because they HAVE to pay prevailing wages based on the wages determined by the Department of labor. If they apply for greencard, then that's because they want him on a permenant basis and there is a another labor certification process for that too, where there are newspaper and other advertisements for the job available to citizens first. Upon not finding a suitable fit, they file for labor certification. And let me remind you all that it takes 2-3 years for department of labor to do that coz they do an exhaustive review of the job offer.

    Go Here on this link of Department of labor (http://ows.doleta.gov/foreign/perm.asp)and read the process for yourself. This system is designed to protect the citizens and IT WORKS.

    Now in a few cases, if there was fraud, then that doesnt mean that the system does not work and should be abolished. Its like saying that we should abolish driving privileges of everyone just because some drivers drive drunk and kill pedestrians. By that token, we must also ground all commercial air travel because sometimes the planes crash and they kill people.

    Another accusation is that H1B employees pay for their own fees sometimes and also for lawyer's fees. And they work like donkeys. Well, not everyone pays for the lawyers. In some rare cases, if the employees hire lawyers, its their own choice, for their own comfort and for their own complicated cases which are many time due to problems of their own making. Why would the employer pay for individuals immigration problems that are not tied to H1B or GC petitions filed by Lawyer? As to working additional hours, its called overtime my dear friend. And they are paid to do that. No one works for free. And no one works for less. If they are paid less than what they think they deserve, then they quit the employer and go to another employer next door who pays them more and treats them fairly.

    And ya, another thing. Biggest subscriber of H1B program, especially since the late 90s has be the IT industry. Unemployment in IT industry is less than 2%. If H1B program is really making life worse, I am sure IT industry unemployment would have been more than national average of 5%.

    And now, let me mention a few slaves and their slave-masters that I am really proud of...

    There are nearly 2000 doctors who are on their path to permenant residency(Green card) in America. They are under Conrad-30 (J1) program. They serve 4 million americans in medically underserved areas. These are rural areas where its hard to find a proper grocery store, let alone a Doctor.

    One of my friends works as a Doctor in Yuma, Arizona. The greencard process for him stalls him for years and years to move to a more desirable area even if he has done his due of serving in rural areas for X amount of years. His process would start over again if the area is no longer medically underserved.

    And then there are nurses, who also make it to America from all over the world on H1B program. Now, if you've ever been to a Hospital, you would know that its not really the most pleasant job in the world. And there is a severe shortage of nurses in America. Even a 5 year old knows this. So by abolishing H1B program and employment based immigration program, you would get rid of the SLAVE nurses too, who work 12-hour shifts on jobs that American born RNA nurses dont accept.

    Such Doctors and nurses are a beacon of hope to 4 million Americans where healthcare is difficult to come by. If such Doctors are slaves, then I am proud of those slaves and their slave masters, and I would love to be either one of them any given day of the week.

    -Have a great weekend-





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  • axp817
    03-25 03:31 PM
    I know many people think about it but they don't have the kahunas to actually execute it. I am not aware of anyone who has tried it and was open about it with uscis.

    In my case when my 485 was pending I went self employment route. I had to give updated g-325a to show employmnet history and I put it right there for officer to see at local office interview. He actually made an astonishing face and I told him that it was allowed and 485 was pending and I can do what I wish during this time. I also told him that I was not my ac21 employer I was just doing this while 485 was pending and I was porting to another job after my 485 was approved. I gave him offer letter and company tax returns from the ac21 employer that I hadn't joined yet.

    Thank you, that is helpful information, although I was talking about a situation where you are self-employed while in AOS, and intend to stay self employed even after your 485 is approved. Self employment being your 'AC21 employer' essentially.

    Any cases you might have come across?



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  • unitednations
    08-02 10:35 PM
    You mean the spouse gets 245i benifit even if the spouse was not present here on dec 2000 and came after 2001.


    I haven't read the memo in a long time. You would need to research it.

    It just piqued my interest because it could be used by people who need the 245i benefit but weren't eligible for it and they got it through their spouse even though spouse may have not needed it and spouse relationship didn't even exist at that time.





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  • dba9ioracle
    08-05 01:42 PM
    With all due respect, I totaly disagree with original poster. probably, he needs to know more about immigration rules..



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  • rbharol
    04-08 01:04 AM
    Guys,
    In the bill summary, I do not see where it says that H1B extensions will not be
    possible for those who have I-140 approved.

    I-140 approval itself means that USCIS and DOL has agreed that this person
    is needed for this position and AOS can be filed(If offcourse Visa numbers are
    available).


    (I am sorry I have not read the full text of the bill.)





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  • chintu25
    08-28 09:36 AM
    Parts of the conversetion in Embassy between the Visa Officer and an applicant for a visa:

    O: All your responses must be oral, OK?
    A: OK
    O: What school did you go to?
    A: Oral.
    After a short explaination, the conversation continued:
    O: What is your date of birth?
    A: July fifteenth.
    O: What year?
    A: Every year

    :D



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  • hopefulgc
    08-07 12:59 PM
    All monkeys also interfiled and became lions


    hilarious!





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  • ss1026
    12-22 11:43 PM
    That's very positive news. Its not like every muslim has ten wives and produces 50 children.And for that matter, every Hindu widow doesn't commit sati.

    I don't know whether VHP has a hand book. At least, I have not read it even if there is one. If they have it and they have expressed similar thoughts, there is nothing I can do about it.

    There are several issues in Indian society. We are not denying it.
    What we are demanding is that Pakistan should stop sponsoring terrorism. Not only that the nation must take active steps to root it out instead of simply disowning the terrorists. That's all.

    I feel the mood getting a little lighter here and about time. What happened in Mumbia was dastardly and the responsible gotta pay. Lets keep the pressure and focus on it.

    What I dislike though is the attempt by extremists to generalize a group of people to make them less humane and easy for the other group to kill them or worse ethnic cleansing. The point you mentioned is very often quoted to scare/anger the majority. The muslims have been guilty of been easily misled too so this is not unique to hindus.

    Amen to the end of terrorism but India is way ahead of its neighbors. I do not even wish to compare us to our neighbors though I hope they wake up and get their act together



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  • Administrator2
    01-08 04:09 PM
    Thanks Refugee_New, for your response, understanding and maturity.

    Lets keep all discussions civil regardless of how we feel about the subject. Thats a request for everyone.


    Admin, I have responded to your message. Also please understand that it was my response to his PM using very harsh and abusive language.





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  • Refugee_New
    01-06 04:54 PM
    i am sorry that israel has been a little callous about collateral damage...not cool!

    i have seen most of the opinions favouring israel so i need not speak out here. but these are my feelings and i don't care how many red dots i get:

    a. hamas does not believe in coexistence with israel but wants its destruction. and belongs to the powerful syria-iran-hezbollah axis. not cool!
    event Egypt and Saudi Arabia regard Hamas with skepticism.

    b. they teach kids that killing jews is the right thing. and btw for that matter US DoS had protested revised 4th grade Saudi text that teaches all non-believers should be killed. teaching hatred to kids is not cool!

    c. hamas was using mosques and schools as cover. hiding amongst civilian population, using women and children as suicide bombers and then making an outcry...not cool!

    d. hamas was the first to break the truce and had been secretly preparing via tunnels etc throughout the period of calm. not cool!

    e. in UK sometime back i remember a church had been converted to a mosque with the blessings of the locals. so cool!

    tibetians have been killed and driven out of their land for example...but you dont see the Dalai Lama summoning Tibetians for killing of chinese soldiers stationed in Tibet. so cool!

    ...not sure it would be possible in an islamic country. why is it that if it is "terrorism", it usually means islamic terrorism?
    moderates like you need to spread the message of negotiation and distance themselves from any act of violence and such teachings.

    You are educated by CNN and Fox. Go see what others are saying. Don't just be one sided.

    Yes, when you kill Muslims its collateral damage. Killing school kids and bombing schools and hospital is collateral damage. If we have this mentality, yes we would see peace and harmony in this world.





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  • unitednations
    03-25 06:59 PM
    I am trying to upload a pdf file but keep getting error message.

    temporaryjob140denial.pdf:
    Upload of file failed.

    It is way below the size limit posted for pdf file.

    any ideas?





    gcgreen
    08-06 02:22 PM
    Relief in the form of no caps or country quotas. Earlier priority dates is kind of arbitrary IMHO.

    This is a better proposition, asking for more relief to Masters or PHD guys makes more sense than asking USCIS to stop porting/interfiling and denying EB3 guys a chance to get faster GC after they have waited for many many years.





    satishku_2000
    08-02 06:12 PM
    Guys


    A simple question here ... I know that if an I 140 gets rejected 485 results in automatic denial as well as denial of all associated benifits. Is there any use with the labor? Can it be used to file for 140 again or can it be used to extend the H1B after 6 years.