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  • alisa
    02-18 11:49 PM
    I think we can make some very credible and good arguments for ourselves.

    a) The changing demographics require an increased level of immigration. It is upto this country to decide if it wants semi-skilled immigrants (Indian cooks and gardeners) and their siblings/parents, or high-skilled immigrants.

    b) It is not really the smartest thing in the world to bring people here from foreign lands, let them work here in high-tech fields, and then send them back after 6-10 years so that they can compete against Americans from OUTSIDE America.

    c) A lot of EB-based immigrants have been to American colleges and have graduate degrees. Again, see (b) above. Not the brightest idea to have this American-educated and trained high-skilled manpower forced to go back to India and China, the two main US competitors.
    Atleast, not if you are America.

    Bottomline is this. If there have been abuses of the system, and any system will be abused, then those need to be fixed. If there are loopholes, they need to be plugged (and people will come up with more loopholes.) But the USCIS should not throw the baby out with the bath water. Either this country values high-skilled immigrants, or it doesn't. The high-skilled immigrants need to know this, so that they can make decisions in their life. The incompetence of USCIS can't be the instrument of public policy making.





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  • snathan
    01-13 08:13 PM
    My take is BODY SHOPPING is killed.
    H1Bs can work at direct employer or as an employee of direct vendor at off site.

    No more small consulting firms sending resumes to direct vendors. May be in long term its good for H1Bs.

    Mostly Desi consulting firms will get hit. Outsourcing companies like TCS,Infosys are direct vendors to big clients. They will OK ..

    My take is Infy, TCS are the biggest theives. if you work with the client, you never know when the will show the door and promptly cancel the H1B. Ideally USCIS should target the big fish and their flithy L1





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  • spdy_mn
    06-27 01:08 PM
    Guys, we will know the exact truth in 3 weeks. Until then we have to do what we can do and not worry about things that are not in our control.

    I know it is easy to say and tough to do but what other option do we have ??





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  • nixstor
    09-23 02:03 AM
    This is not fair and good idea. what about people waiting in line for years and invested their money elsewhere because of this green card delays or those who do not have enough money and job in this market situation. All of the sudden you are brining this idea. This is not fair. This is kind of buying green card. There is a investment based green card category available for that. I request you to go through that channel if you are rich. Not all employment based green card seekers are rich. Please keep that in mind.

    thanks,
    aps


    Did it occur for a single moment that if some one gets out of the line, the line gets shorter? F Y I, This is NOT about me. This is about every one here. I did not dream of this situation which directly favors some one today. Simply, Not many folks knew it was going to be this bad. Folks who knew, kept quiet telling people that its NOT that bad. There is NOT going to be a single solution that benefits every one involved here. Let it be recapture, country limits or advanced degree exemption. Choice is (y)ours. We can decide to be the frogs in the well and pull the next frog down or we can work on making this pitch which can be palatable to sensible people, who understand the magnanimity of the situation



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  • proengineer
    10-15 02:59 PM
    Interesting statistics posted on Ron Gotcher forum

    Credit to Nolefan


    Hello Ron,
    I have been silent spectator for long and I greatly enjoy reading this blog. The knowledge you bring is great. The blog is very informative & insightful and has given us lots of useful information. I have been thinking of contributing to this blog for sometime related to Pending visa number and spillover topic and this is my first post regarding that.

    Recently, I did some calculations on EB1 & EB spillover to EB2 India/China for FY 2010. Here are points I considered

    * Average Consular processing numbers for EB1 & EB2 / year are based on historic data from 1998 to 2008. (Data is available on DHS site)
    * All ROW EB1 & EB2 applications from following categories will be approved before spill over happens
    o consular processing (EB1 & EB2)
    o ROW (EB1 & EB2) + Mexico + Philippines
    * most applications for India / China EB2 from 2004 and prior are approved except few as mentioned on CIS report.
    * Even if there are EB2 ROW I140 applications are pending, they may not be more than few thousands (based historic EB2 usage from EB2 ROW). Based on economic conditions, I assumed 5000 new I485 applications after approval of I140.


    Calculations

    EB1 spill over

    Total quota allowed: 40040
    Average consular processing: 5290
    AOS Pending: 4050
    New applications: 2500
    spill over from EB1 ~ 40040 - 5290 � 4050 � 2500
    spill over from EB1~ 28500

    EB2 spill over

    Total quota allowed: 40040
    Average consular processing: 2199
    AOS Pending (ROW): 7871
    New applications: 2500
    spill over from EB1 ~ 40040 - 2199 � 7871 � 2500
    spill over from EB1~ 27470

    Total EB1 & EB2 spill over = 28500 + 27470

    Total EB1 & EB2 spill over = 55970


    EB4 spill over
    Total quota allowed: 9800
    Average visa numbers used: 7432�� based on data from 1998 to 2008
    spill over = 2368

    EB5 spill over
    Total quota allowed: 9800
    Average visa numbers used: 465 �� based on data from 1998 to 2008
    2008 data: 1360
    spill over : 8440



    Total spill over for EB2 India / China: spill over from (EB1 + EB2 + EB3 + EB4)

    i.e. 28500 + 27470 + 2368 + 8440 ..

    Total spill over for EB2 India / China: 66778

    Preadjudicated EB2 India / China applications ~ 51000

    Total pending EB2 India / China ~ 67061

    If spill over occurs quarterly, then I would expect EB2 India / China dates should faster throughout year may be current by end of FY 2010.





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  • grupak
    12-13 10:57 PM
    I advocate talking to policymakers, writing to them, and calling in on any talkshow on the radio/tv - where ever there is an opportunity.
    I am not sure if we can challenge the legality of the system. However, I do question the motivation behind this policy. It is morally and ethically wrong and does not make any economic sense. It is probably hurting the economy, if you get my drift. My thought is that it can be adressed by enlightening the very people who put this policy in place - the congressmen/women.

    Yes, we as IV are meeting lawmakers and lobbying, and media campaign too.

    Just discussing if anything else can be done.



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  • amitjoey
    01-13 12:24 PM
    Members: Please - refrain from fighting about EB3/EB2.

    IV is for everybody and IV has always tried to be balanced and fair to all categories. Please read the provisions that IV is asking for.

    The goal is for zero backlog -Then where is the question of EB3 lagging behind.

    IF we get what we are asking for- ie: recapture, not counting dependants and no country quota, then there wont be backlog in any of the categories.





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  • grimreaper
    07-21 05:16 PM
    I have come across quite a few of the Amway/ Quickstart folks. Like most of the people have described here, they usually approach me in Walmart, Meijer, etc. My first experience was in the temple. This dude and his wife went "oh wow! you know so many languages." After talking to the dude, he said that he knew some of my childhood friends and he remembered my face and that we could have possibly played cricket together in our childhood days (this itself should have raised red flags - but I was naive then and didn't think twice). Long story short, we exchanged phone #s and next day he called me and asked me to meet him at his home. He was running an "ecomm business" and was looking for partners. I asked him if he was talking about Amway and he innocently asked me "What is Amway?" I agreed to meet him but something bothered me. I called up another childhood friend who was in Amway and asked him about this dude. Sure enough he was an Amway-ite and already a "Diamond". I was mad and did not go to his house. He called me a couple of times but I never picked up the phone.

    That encounter was a bitter experience for me and I decided that I will not entertain any more desis who do cold contacts. However, soon I forgot all about him and I had 2 or 3 more such "cold" contacts (it took me about 3 more experiences to realize the Amyay "cold" contact pattern). I decided that enough was enough. From then on if a desi approached me in any of the stores and decided to do a "cold" contact, I would be on my guard. I would not become angry or irritated (after all they are humans too and they are just doing what they believe will give them a better life) - I would just steer the conversation to what I would like to do in my life. I would spin some yarn about how I am really happy volunteering to help kids in 1st and 2nd grade improve their English reading skills (which I really did) or how I liked taking part in the local community college's adult literacy program (helping adults prepare for GEDs, etc - again which is something I do). I would then go on and become philosophical about how these days everyone is after money and think about money all the time and how this is creating a very unhealthy state of mind, especially among Indians. I would make sure to tell the person that I would not like to go down that path and being a pious Hindu, my goal is to attain Moksha by leading a simple life.

    By this time if the dude has not run away from me, I will ask him what his objectives are. Usually they say that they can understand where I am coming from and congratulate me for all my community service (I am rolling all over the place in my head - but somehow keep a straight face). One guy even went so far as to tell me that he is on the other end of the spectrum and he gives away a lot of money in charity. He even told me that I should consider going that route as well. After the meeting, I call up my Amway friend and ask him if XYZ is in Amway and the answer has always been yes.
    Inspite of all this if the dude asks for my phone number (and this has happened once), I come up with the story that I forgot to bring my cell phone and proceed to give the person the phone # of the local pharmacy. I also suggest that he give a "missed call" (again rolled all over the place in my head when he gave a missed call) so that I can note down his # when I go home.
    I just had to get this off my chest when I saw the Amway thread. Hopefully others can also turn a potentially unpleasant situation into a pleasant situation and have fun at some other person's expense.


    Hilarious.....I have not been accosted by any AMWAY members yet, but if I do, I will try to give them a run for their Money. I am just tickled by your attitude. Way to go buddy.....:D



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  • kondur_007
    09-17 12:45 PM
    Here is what I want to understand.

    EB2 ROW is CURRENT except INDIA AND CHINA. EB2 ROW will get 28.6% of 140000.
    This means 40040. How they are going to divide these visa between INDIA and CHINA?
    This is NOT SpillOver. I know there is 7% rule, but other countries are always Current.

    And EB1 is CURRENT and considering Bad economy very few cases will be filed under EB1.

    What will happen to those 40040 Visa? If those spillover to EB2 ROW, we may see a large quantity of Visa numbers for EB2.

    Considering 50% of each EB1 and EB2 visas consumed by other than INDIA AND CHINA, still we should get aroud 40040 visas this year.If you furher divide 50% between INDIA and CHINA, both will get 20020, Which might be sufficient to cross 2005.

    You are right on the point. In fact (I may be overly optimistic here), I would not be surprised at all to see PD of EB2I in 2007 or 2008 in the last quarter (Aug-Sept) and it may even see the magincal "C" in Sept 2010. (Making the dream come true for VDLRAO!!)

    (Remember, with preadjudications, there are no more pending EB2-ROW (except for the new adjudications) and EB2 China has been in 2006 for quite some time as well in the past)





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  • bestin
    02-13 05:43 AM
    Agreed dude.

    But the system is totally messed up and we cant have an overnight change .Even if they initiate something now by the time it gets actually implemented it shuld be more than 1 year.If nothing works out within atleast 1.5 years to 2 years this should be definitely considered.



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  • amitga
    10-17 02:00 PM
    I am finally moving to canada in 2-3 months. Deadline for landing is March 3rd 2007.

    I am done with US Green Card and can not take this stress any more. Starting to sell my house and other stuff soon.

    Try to get a job offer, before you move into Canada.





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  • RNGC
    02-15 02:11 PM
    A person can kill himself to solve all his problems. But that is not the point. If I have come here to work and you have things setup in a way that it can be used to exploit you ( e.g. employer holding back your pay for no valid reason) that amounts to indirectly supporting slave business. The word "slave" doesn't make high tech workers comfortable because they don't want to be categorized as such. But the trouble they are going through is similar to that of the slaves that were taken by the brits in olden days for working at different places in their colonies. If you look at the way most of us work here, it is almost same. Someone (called ur employer) brings you here, he puts you in a place to work reporting to a differnet master sometime many. This exactly how slave trade was working in olden days, but today instead of us working in plantations or laying highways we are working on the building the IT super highway.


    I rest my case here for now

    I totally agree...its Modern day slavery!

    You cannot change employers, you cannot travel if you wish (after you apply for H1 ext, you can't leave US till it is approved, even If you have AP to re-enter!), you can't expect promotions, your spouse can't work on H4, No drivers license in some state, ..... BUT WE PAY ALL TAXES, NO EXCEPTIONS! Is it not Modern day slavery ??



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  • deelip
    07-04 11:34 AM
    I am writing this letter to Mr Obama who is front runner for President's office in next year election. I tried to be simple and direct. Pls let me know if you have any suggestions. I will also talk to his office tomorrow. Pls let me know if you find anything irrelevant.

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

    Dear Senator,
    I am legal resident alien working in USA on H1B Visa. I am waiting in queue for my Green Card.

    The way process works is my employer applies for Labor certification. Once it is approved by Department of Labor I file for I-140 and I-485 which is last step to adjustment of status and gives me Green Card. I rely on Department of State (DOS) for visa dates to file I-485. When I move to this stage, I bear expenses close to $3000 for completing application process itself.

    Recently on 13 June 2007, DOS issued Visa Bulletin (VB) stating that all visa dates are current for (almost) all employment based immigrant categories. Since this is the only information me and my employer rely to start application for I-485, we started the process. We collected all documents, took medical examinations, paid attorney fees and got the document ready to be sent over, as was expected by DOS and USCIS as part of the process. I am not going into details of the hard works, sleepless nights, leaves from work and expenses as part of this effort.

    When my employer was about to send this package to USCIS, DOS came out with revised Visa Bulletin. In this they revised the earlier Visa date availability. USCIS followed the suit and decided to reject all applications, which they by their 13 June 2007 proclamations were ready to accept. This might be trivial thing for DOS and USCIS but not for me and thousands like me. This action of USCIS has no precedence. That is against its (USCIS) regular processes and guidelines and smacks of disrespect for its own procedures, guidelines and we immigrants, who rely on it.

    This is not just emotional trauma for me and my fellow immigrants but a major financial loss worth $3000/per person applying.

    In the end, my question to US Congressmen, USCIS and DOS is who is looking at impact to us? Were we wrong when we followed DOS Visa Bulletin on 13 June 2007? If not, why we should bear the financial and other losses? We are legal, law abiding residents. Does being good residents make our trials and tribulations meaningless and irrelevant for laws and departments of USA? To me it sounds unfair and unjust. Please let me know your thoughts and what you can do to alleviate my trust on American Immigration System and Departments devoted for that.

    Dear Senator,
    I look upon you as Future President of United States of America and will be very glad to receive your reply on this issue.


    Thanking you,


    Yours sincerely,



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

    thank you guys and keep up your efforts without losing your cool and of course without losing your hopes.





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  • Kushal
    07-27 03:20 PM
    If you are making lot of money "more than $115". Please donate it to IV.

    I have been donating more money to IV over 4 years then you do, and will keep on doing. Do you?
    There are lot of action items to meeting lawmakers. Why don't get your focus on that?



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  • andy garcia
    02-23 07:23 AM
    Looking only at LCs that are awaiting immigrant visa numbers (ie, LCs that are "still in process" or "certified after current EB3 ROW cutoff dates") here is how it looks (copy to an XL sheet to view properly):

    Period, World, India(22%), EB2-India(41% of India), EB2-India-Family(*2.1)
    ------------------------------------------------------------------------
    1997 to 2002, 269311, 59271, 24320, 51072
    2002 to 2003, 36200, 7967, 3269, 6865
    2003 to 2004, 13145, 2893, 1187, 2493
    2004 to 2005, 6133, 1350, 554, 1163

    The pre 2002 numbers pending are really bad. The last column sums up the situation for EB2-India. Use your own %ages to calculate the situation for EB3. It is clear that forward movement will be held back due to the huge chunk of LCs from 1997 to 2002 which are being certified.

    So the situation is indeed hopeless and lobbying is the only way out.

    Don't forget that a lot of those LC were being used for substitution($$$$) by the consulting companies. Once the regulation about eliminating substitution goes into effect. Some of those will not be able to be recycled.





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  • Pineapple
    12-14 02:16 PM
    I agree with alterego.

    There is another compelling argument against taking the lawsuit way, even if assuming there is a case to be made, and we have plenty of money. (The first is unclear, the second is a firm no, but let us assume anyway for the sake or argument)

    One of the reasons why Roe v Wade, 34 years on, is still a controversial decision today is the fact that the US is probably unique in the world in the sense that a constitutionality argument was used to decide public policy.
    In Europe, as in other parts of the world, abortion was considered as a health issue, and handled via legislation and health care guidelines.
    But because it was a constitutionality issue in US, and enforced from the bench, a significant portion of the populace felt left out of the decision making process, which stimulated a simmering opposition and entrenched the main actors of the "culture wars", which persist to this day.
    There is significant debate even among liberals whether Roe V Wade has helped or harmed the liberal cause, and if knowing what we know, there could have been another approach to achieve the same end.

    In a nutshell, approaching the courts is a double edged sword. There may be some strategic gains in the short term, but the long term impact is unclear and unpredictable. A legislative approach might be slower and incremental, but it is less risky.

    Think of lobbying as polite negotiation.
    Think of Supreme court case as picking a fist fight, in which we are badly out numbered.
    Once you have started a fist fight it is much harder to negotiate, especially from a loosing position.



    This is exactly correct. It is not the question of right or wrong here. That is what gets folks so upset on this thread, they feel since their viewpoint s right then.......... Most neutral observers like mbartosik can see this as unjust and there may be many in the US as well, however certainly not the majority. However, there are many ways in which this could backfire. One example is the recently seen debate over illegal immigration and the turn in public sentiment. Truth be told, if someone did something wrong 12 yrs ago(crossed the fence), now is married to a US citizen and has 3 US children, what do you do with them? What about the 3yr old who was brought to the USA by their parents and knows no other system? Perhaps a few years ago joe public would have given them a pass, no more, the debate has become so nasty that positions have been hardened to the point that reason does not prevail. Another reason has something to do with the perceived sense of entitlement Americans sensed in the illegal immigrant community(of course fanned by Lou Dobbs and his ilk). These are complex issues and generally you will get a lot further appealing to someones sense of fairness than explaining how you are entitled to something and will take it from them if it is not given to you.



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  • Lasantha
    12-14 03:53 PM
    OK, sorry then. I missed that. ;)

    Yes, Lasantha.. you are right. But that was one of mbartosik's points when he/she was comparing cost/benefit.





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  • zCool
    03-26 01:27 AM
    If it isn't approved.. then it's gonna be cancelled the moment that rule that's pending that comes out..
    It's extremely risky and Feb 04 isn';t that great a PD.. just file new one .. correct way.. and relax.. you will probably get I140 approved earlier that way.. nothing's gonna happen unless laws change and if&when they change.. all PDs will be probably current for 6months to yr..





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  • BharatPremi
    12-13 05:15 PM
    Isn't there any Indian lawyer who is a member of IV and can give some direction to this discussion?

    Yes, some law professional should really enlighten us for this deep waters.





    harikris
    06-03 10:12 PM
    Applicant gets the peace of mind and can go around buying houses, changing jobs etc whereas it is just a procedural change for USCIS.

    Who said you cannot buy a house on just h1b? Or change jobs while on EAD? Such would be their defense for the argument above.

    Peace of mind, my friend, does not comply with the objectivity of the argument. Also, it's very subjective too. People that have H1B, would be peaceful if they get their I140 approved, people that have GC would imagine how peaceful it would be if only they had citizenship.

    The incredibly long wait to process the backlog is simply not acceptable. With a professional shelf life being 30 odd years, one cannot afford to spend 50% of that time just waiting to be integrated in the system. Numbers don't lie.

    As i have been saying - introducing reform bills and converting them to legislations is our only way, right? Let's put these numbers together as a motivation for the reform bill and seek solutions.





    Openarms
    08-17 03:01 PM
    Common man is common man everywhere. Star worship is something that exists everywhere. be it sportsmen or movie stars - these people win hearts of people and thats what matters which is most important.

    Now you are blaming people for worshipping him. Thats how things are.

    Do you know how crazy soccer fans are in some countries?

    Thats how things are my friend.

    Like you said star worship is every where but how about slums in Bombay, Delhi, Hyderabad??? they are not every where???? how about un educated farmers that they do not know beyond their farms and villages... Common man be realistic with human touch....



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