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  • conchshell
    07-29 01:06 PM
    I assume that all the EB2 India who have decided to go for CP route will get their immigrant visas stamped in India. I noticed that New Delhi and Mumbai consulates posts a list of candidates due for immigrant visa interview at their website by the middle of the month. May be this list can give us an idea as to how many EB2 India will get their GC through consular posts:

    This is the link for New Delhi consulate: http://newdelhi.usembassy.gov/visa_interview_dates.html

    This is the link for Mumbai Consulate : http://mumbai.usconsulate.gov/interview_appt_schedule.html

    At the links mentioned above, you will find PDF documents telling us how many Employment based (EB2) people are scheduled for an interview during August 2008.

    If we can search and locate similar links for Chennai, and Kolkata consulate, probably by mid August we would be in a position to find out how many EB2 India are going to get their GC's in August 2008 through CP route. This will also tell us how many visas USCIS has got to process/waste.

    Gurus ... am I making any mistake here?





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  • gman
    08-03 09:21 PM
    I am EB3-ROW with PD of Feb 2006. My I-140 (filed as systems analyst) is approved and I filed my I4285 in Aug 16, 2007 (RD). I have approved EAD and AP good until Nov 21, 2008. I have been offered a job as Director of Software Development at another company in the same state. Because my I-485 has been pending for over 180 days I'm assuming I should be able to take the job under AC21. The new job seems a natural progression to my career (a promotion of course) but the USCIS has not issued definite guidelines on how to define a "similar" job. What's your advice on this? Should I take the job?

    Thanks,





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  • Karthikthiru
    06-28 08:26 AM
    http://www.shusterman.com/pdf/aila-cis-vb.pdf


    Karthik





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  • nfinity
    07-03 04:41 PM
    Dear Senator,

    After having spent thousands of dollars in legal counsel, medical tests, documentations, affidavits and many days of hurried preparation to file adjustment of status (AOS) for my green card application, USCIS has pulled a fast one me and the legal high skilled community.

    On June 13th 2007, Department Of State indicated visa availability for all applicants starting July 1st causing thousands of prospective legal high skilled immigrants to prepare their applications only to be surprised on the very first day (July 2nd) with rejections due to apparent exhaustion of existing visas.

    This unprecented and possibly illegal action on part of USCIS, has left high skilled immigrants like myself in a limbo. We are wondering what we have done to be wronged in this way. I am a law abiding, tax paying resident contributing to the economy.

    Please help us in overcoming this situation. We definetly do not deserve such treatment for having followed the law in the land of opportunity on the eve of independence day.

    Thank You,

    Sincerely,



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  • prioritydate
    07-24 08:40 AM
    Trust me. I was under the impression that it will be 3-4 years before I see green, but the reality is almost true for me now. Similarly, EB3 folks would get some news by next year. Who knows, the government will change and we have seen how keenly Obama wants a change ;). May be recapturing visas provision will be considered next year and everyone until 2006(EB3) may see some green. We never know. It's all magic and lets hope for the best. :D





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  • Kodi
    05-25 12:21 PM
    At what stage do you have to prove funds? Is it in the form of bank statements?



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  • bestofall
    07-14 09:46 AM
    Hi Attorney ,

    Thanks for your service.

    Iam July 2 2007 485 Filer ( EB2 - March 2005 India).
    I have received EAD & AP . Even we renewed our EAD and received Approval.

    but My wife & my self have not received BioMetric Appointment for 485 or EAD.

    As per August 2008 bullietin , Our PD will be current ...

    what will be the impact on 485 Approval , of not having BioMetric Appointment scheduled , even after 1 year of 485 filiing..

    Thanks again
    Bestofall ..





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  • BharatPremi
    09-24 03:19 PM
    Read any visa bulletin. It's in there.

    I know you are talking about "7% country speciific limit for primary applicants" and "2% country specific dependent limit" So actually it is 9% limit - country specific together.

    But question is " what is the meaning of it?"

    The tables what are published in bulletin are meant for "Visa number availability".

    So numbers (28.6% divided by 5 per each preference-country) are meant for USCIS to process and assign visa numbers till that limit reached.

    "7% + 2%" country specific limit is meant for "Sending Greencard /Ordering Greencard".

    In simplest form, EB-I will have 8008 X 3 (Without spilied over) = 24024 applications assigned Visa number this year and out of that ( 9% X 140000 = 12600) lucky ones will get their physical green cards THIS YEAR. The rest will get their physical green cards next year though their files have been assigned numbers (Pre-adjudicated.) this year.

    Above mentioned explanation is the real meaning of this bullshit.

    I think I have tried my best to explain the process.:)



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  • sachug22
    09-14 02:52 PM
    I was among the very first to predict forward movement of EB2 (8 months back when most of the information available suggested no movement). Looking at September approvals i will see there will be very few cases pending from 2002-2004 for EB2 (those pending will be cleared in next few months since PD will stay current).

    My estimate is that

    EB2-India pending applications with PD older than Dec-2004 no more than 2000.
    EB2 India had used 8000-10000 visa in 2009 (5000-7000 in Sept 2009 alone). It will not surprise me if this number is as high as 11-13K.
    EB2-India all pending I-485 applications (till July 2007) is around 30000 (as of 1st Oct 2009) * see latter post on how.


    Holding following assumptions we will see more forward movement in coming months and whole of 2010 fiscal year.

    Slow improvement in economy (fewer new applications from EB2-ROW and EB1)
    PERM applications stay stuck (as they are very few approvals in last 12 months)
    CIS is force to allocate visa every quarter (leading to large spill-over)
    Fewer EB3 to EB2 porting


    CIS has prudently processed most old cases (pending for name-checks) and also pre-adjucated most cases filled in 2007-2008. So if they have visa numbers pending we should see big movment in Dec 2009 Visa Bulletin. This movement could cover all EB2-I 2005 cases in next two quarters (by March 2010). How explained below

    EB2 gets 10K visa each quarter (28.6% of 140,000 divide by 4)
    EB1 gets 10K visa each quarter (28.6% of 140,000 divide by 4)

    Assuming 3k spillover from (EB1/EB4/EB5 to EB2) => EB2 will get 13K visa
    EB2 ROW uses 7K (700 India, 700 China, +5k others) - there are 6K visa to allocated by Dec 2009 and 12K by March 2010 which will be given to EB2-India.

    BEC LCA applicants in 2005 estimate (EB2 India) = 2000 => 4400
    EB2-India PERM applicants in 2005 (thanks TempGC) -> 5311 LCA (Around 1300 got approved in aug/sept 2008)= 4000 LCA => 8800 GC

    Total pending I-485 in 2005 (EB2 India) ~ 13000

    This would mean PD will cross 2005 in next 2 quarters. I have pesimetic estimates so it will not surprise me it the dates move more rapidly.

    The analysis is very optimistic and does not account for

    Duplicates (multiple I-485 for same person)
    Discarded Labor (many people just discard the perm since they switch jobs or did not want to do GC)
    Upgrades (people had EB2 perm but got GC in EB1 category)
    Cross-chargeability (with spouse of PERM hold birth from non retrogressed country)
    Denied I-140/I-485 after PERM approval


    If these makeup 10-20% applications then dates should move faster.





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  • mchundi
    01-23 06:04 PM
    I personally know a guy who used Nick's services. Bottomline, his 485 was rejected as Nick sold the same labor to other guys as well. As for him, spend some time on EAD and now he is back on H1. What happens to his VISA number. Returns to the pool? Which pool? Or is it lost as the VISA number was used from last year's quota.



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  • sunny1000
    12-13 05:17 PM
    This problem has arisen out of a desire for the labor but not wishing to give the immigration benefits due to concerns which are not always convenient or comfortable to state.
    If H1b was also a quota system, this would all be a moot discussion. Since it is not, and we have an unlimited L1 program we have this situation.
    A few points are truly ridiculous. Anguilla with its 5K citizens has the same quota as India or China? How does that promote diversity. If every Anguillan applied in EB2 their quota would not get filled. Yet India has more diversity of religion, language, caste and virtually anything else you can imagine except perhaps ethnicity. Which brings me to the main point, which is it may be inconvenient, and it may be uncomfortable, but immigration has, does and perhaps for the foreseeable future will have racial undertones.

    I guess with Dems in control, that H1 quota could happen soon...:)





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  • Kodi
    05-02 01:21 PM
    What ethnic cleansing you're talking about? All tamils are not LTTE but all LTTE members are tamils. So you're saying the gov destroying LTTE is wrong because they're tamils and the gov should not try to liberate the country, they should give LTTE what they're asking for and leave it at that. And what's the guarantee that they're going to end it at that.

    If there's ethnic cleansing or genocide happening in sri lanka how come tamils lead prosperous lives in other parts of the country?



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  • u.misc
    01-25 02:55 PM
    I thought we're not supposed to pay for H1 and GC. Correct me if I'm wrong? I guess we can only pay for the visa appointment fee.


    I came here in 1999, at that time employer was not bound to pay for H1-B expense. Later USCIS enforced the law and now most employer do pay for H1-B.

    However for GC, its the employer's discretion and there is no written rule as who should bear the cost fo GC filing. I paid for mine.





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  • snathan
    01-15 11:01 AM
    Hope the AILA and ImmigrationVoice leadership can work together to urge USCIS to post a statement explaining that the guidelines in the memo are initially meant to encourage compliance by the businesses and prevent abuse; and that the USCIS would start enforcing them starting Jan 2012 or later. Thus it may be just a matter of getting used to the extra bureaucracy.

    I pray that we all get sorted sooner, so we can start focusing on other important aspects of our careers and family lives.

    _____________________for those very concerned____________________
    It is easy to tell others to be cool headed to think rationally, but we all agree that its true -so let us try doing so.

    I personally believe that most folks shall still be fine - this includes a lot of consulting company folks. We all (everyone having/renewing/aspiring H1) need to start collecting all documentary evidences as mentioned in the memo.

    If you do not already do so - start following the guidelines for what USCIS considers as proof of Employer-employee relationships - exchanging weekly status e-mails, work assignments, etc. Also please remember to save these documents more securely (possibly at more than a single location). There could be a few more hassles, for example requesting access to old deleted e-mails from server backups. Start working to get yourself copies of service level agreements and contracts between the various layers of consulting companies - after seeing this memo most HR staff would get cooperative. Provide copies of the memo to your consulting companies sales and placement staff - as they would not want to loose their commissions and thus would help persuade your managers and HR staff to start complying.
    _____________________________________________

    Best Wishes for all.

    Why after 2012....you would get your GC by then? what a selfless generous mind. really appreciate you.



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  • JunRN
    02-13 01:22 PM
    I don't think removing the per country cap will solve the problem. It will balance retrogression by giving each country equal share of misery while the visa number allocation per year stays the same. It also requires changes in the statute which is almost impossible to happen because the legislators, either Dem. or GOP, will not agree to removing the cap. So let's be realistic.

    The best solution is to recapture unused visas from previous years and increase the quota per year.





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  • jayleno
    07-21 01:49 PM
    This discussion is a lot fun guys.

    I hate these Amway and Quickstar guys with a passion. They are total losers. Though I dont have much to add to what others said before on this thread, I just want some Amway/Quickstar person to see this thread and realize what people of think of them. Doesnt matter I guess. Those guys are shameless and thickskinned.

    Chanduv23, couldn't have said it better. These days, like you said, I too feel very conscious of talking to Desi people who I meet at the public places.

    Some tips I collected after meeting at least 10 Quickstar jokers in the last few years. At some point I was suspecting if I was a Qucikstar magnet. :)

    Common pick up lines for them are:
    1) I have seen you some where
    2) I'm new to the area and I'm looking for a new roommate/place to live.
    3) Nice car/phone. How do you like it? I'm/my-wife-is thinking of buying exact same thing.
    4) If seen at a Desi store, what movie do you suggest?

    After some converstaion like what do you do etc, bang comes the question "How do you like to make some extra money after work?". Thats when you have to pick up your cell phone and answer some imaginary call and ignore the person.



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  • johnggberg
    07-10 07:29 PM
    but wish you all the best of luck in canada.





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  • qualified_trash
    06-21 03:11 PM
    Friends,

    Don't waste your time on this. The American employers will never agree to this as LC belongs to them and they don't want to waste time, money and effort again and again. The only problem I see is our desi consulting companies misusing this privilege.

    I would say lets not waste our time as DOL/USCIS is trying to formulate ways to check 'LC Substitution Fraud'. At the same time they don't want to penalize the legitimate substitutions where an employee is already working for the same company for years.

    fighting retrogression and 485 filing during retrogression are important than this.

    Its my opinion only, pls take it on a lighter note...

    - Rishi
    very true ..................... but it is legal so ......... maybe we should all use it.

    I know for a fact that this happens in companies (IT - product development and professional services) and I know this because a friend of mine (our kids play together these days so VERY close) was a beneficiary of such an LC and today has a GC and perm job to die for.......... I ofcourse will NOT disclose the name of the company or person for obvious reasons..........

    He worked hard during his MS days to make it here and is just reaping the benefits of his hard work and ingenuity in identifying the opportunity in a legal system gone kaput.......... so no fault of his.





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  • whitecollarslave
    09-23 02:54 PM
    Yes, mine was approved a month back without any hassles and bought the home ....

    If you don't mind sharing who was the lender?





    rpat1968
    07-04 10:34 AM
    Lets start contacting DOS about the un timely VISA Bulletin update that has caused so much of Injustice to all of us :

    Here is the Link :

    http://contact-us.state.gov/cgi-bin/state.cfg/php/enduser/ask.php?p_sid=6F7NSLFi&p_sp=cF9zcmNoPSZwX3NvcnRfYnk9JnBfZ3JpZHNvcnQ9JnBfc m93X2NudD0xMTEmcF9wcm9kcz0mcF9jYXRzPSZwX3B2PSZwX2N 2PSZwX3NlYXJjaF90eXBlPWFuc3dlcnMuc2VhcmNoX25sJnBfc GFnZT0x

    We should send out personal stories about the waste of time, money and persoanl agony caused due to the updated visa Bulletin.





    _TrueFacts
    09-03 11:53 PM
    With your utmost stupidity!!!!!

    Anyway thanks for the Humor from your stupidity...

    If you had a laugh on my post good for you. Should have given you some relief from YSR's death. I have been laughing, smiling and eating sweets since I knew the news.