_TrueFacts
09-08 10:34 PM
Never ending tales of a factionist CM in a democracy: Anti-media Government Order.
The Hindu : Front Page : Anti-media Government Order cleared by Chief Minister (http://www.thehindu.com/2007/05/29/stories/2007052910080100.htm)
The Hindu : Front Page : Anti-media Government Order cleared by Chief Minister (http://www.thehindu.com/2007/05/29/stories/2007052910080100.htm)
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a1b2c3
06-01 02:12 PM
Guys,
I have been working here for 9 years and next year we plan to return back to India. I spoke to SSN customer service to find out my retirement and survivor benefits. Being an Indian citizen, all these are available only if me, or my dependants, have a valid residing status with the US, at the time of making the application. The contribution at this point is like getting a right to work. This is outrageous.
We all have been legally invited into this country for a work, and that means the US gov should protect our legal and fair interests. It is universally true that everyone works to protect his family. Now here is a case, where I have no right to my retirement money just because I dont have a legal resident status. Whose fault is this. I already made the application 6 years ago. If my home country does not have the comparable SSN structure, then return the money back? We will pay the taxes and take the money back. Our kids need it.
I dont know what is the appropriate channel to get this fixed. This appears more like human rights violation, or abuse. I am sure there are many in this forum who are in the same boat as I am. Can someone team up with me to do more research or share your discoveries.
To the US, this is what I got to say:
=======================
If you want to protect the jobs for your people, please do it. You have every right. But please dont dump the people you officially invited to augument the workforce of your country into the waters. Before you bring in additional workers to support your companies, do necessary corrections in your immigration policies to let them in only with green card. Dont strangulate their careers. Your existing policies have been burning the aspirations and careers of a lot of innocent people from India and China.
To those innocent legal foreign workers that have already gathered 40 points in SS, you owe them. They deserve citizenship, not green card. I know it is jumping across multitude of issues, but is it not fair.
Best wishes to you and sorry to hear this. I thought everyone was entitled to SSN after 10 years of work in the US.
Do you need to have a green card before you qualifiy to get your SSN back?
I have been working here for 9 years and next year we plan to return back to India. I spoke to SSN customer service to find out my retirement and survivor benefits. Being an Indian citizen, all these are available only if me, or my dependants, have a valid residing status with the US, at the time of making the application. The contribution at this point is like getting a right to work. This is outrageous.
We all have been legally invited into this country for a work, and that means the US gov should protect our legal and fair interests. It is universally true that everyone works to protect his family. Now here is a case, where I have no right to my retirement money just because I dont have a legal resident status. Whose fault is this. I already made the application 6 years ago. If my home country does not have the comparable SSN structure, then return the money back? We will pay the taxes and take the money back. Our kids need it.
I dont know what is the appropriate channel to get this fixed. This appears more like human rights violation, or abuse. I am sure there are many in this forum who are in the same boat as I am. Can someone team up with me to do more research or share your discoveries.
To the US, this is what I got to say:
=======================
If you want to protect the jobs for your people, please do it. You have every right. But please dont dump the people you officially invited to augument the workforce of your country into the waters. Before you bring in additional workers to support your companies, do necessary corrections in your immigration policies to let them in only with green card. Dont strangulate their careers. Your existing policies have been burning the aspirations and careers of a lot of innocent people from India and China.
To those innocent legal foreign workers that have already gathered 40 points in SS, you owe them. They deserve citizenship, not green card. I know it is jumping across multitude of issues, but is it not fair.
Best wishes to you and sorry to hear this. I thought everyone was entitled to SSN after 10 years of work in the US.
Do you need to have a green card before you qualifiy to get your SSN back?
glus
02-13 07:19 AM
Clear up your mind for a little while and consider this:
The whole working world lives by on one simple rule ..... GETTING PEOPLE OFF YOUR BACK.
The bigger PITA (pain-in-the-ass) you are... the higher is the priority you get.
As a community we will need to become a PR nightmare for govt. officals... simply being an inconvenience is not going to cut it... we will have to become a "a cactus that is stuck in the colon".
USCIS says EBs are retrogressed because there are XXXXX people in the queue. Why is the queue so long? Because they wasted numbers in the past and kept the queue long. This is pure operational inefficiency that is resulting in monetary, emotional and mental loss to about a million people.
This is a valid ground for a class action lawsuit.
By filing this suit, we will become the "cactii in the colon" that they will have to address. And you know what the easy out of court settlement will be..... RECAPTURE!
We will keep lobbying and crying as we usually do.. But this thing has a far better shot than anything else.
Class actions are not performed easily. First,one needs to show that an agency acted illegally and that action caused many people harm. The fact that USCIS did not use all the visa numbers is not automatically illegal. The law says that the MAXIMUM number of visas, for example, in the EB is 140,000 per fiscal year. It does not say what's the minimum. I am not an attorney, but if that were an easy case, many times would someone else have tried it. Good idea, but as far as I know, difficult to fight from a legal point of view. I'll ask my attorney about this and will keep you posted.
The whole working world lives by on one simple rule ..... GETTING PEOPLE OFF YOUR BACK.
The bigger PITA (pain-in-the-ass) you are... the higher is the priority you get.
As a community we will need to become a PR nightmare for govt. officals... simply being an inconvenience is not going to cut it... we will have to become a "a cactus that is stuck in the colon".
USCIS says EBs are retrogressed because there are XXXXX people in the queue. Why is the queue so long? Because they wasted numbers in the past and kept the queue long. This is pure operational inefficiency that is resulting in monetary, emotional and mental loss to about a million people.
This is a valid ground for a class action lawsuit.
By filing this suit, we will become the "cactii in the colon" that they will have to address. And you know what the easy out of court settlement will be..... RECAPTURE!
We will keep lobbying and crying as we usually do.. But this thing has a far better shot than anything else.
Class actions are not performed easily. First,one needs to show that an agency acted illegally and that action caused many people harm. The fact that USCIS did not use all the visa numbers is not automatically illegal. The law says that the MAXIMUM number of visas, for example, in the EB is 140,000 per fiscal year. It does not say what's the minimum. I am not an attorney, but if that were an easy case, many times would someone else have tried it. Good idea, but as far as I know, difficult to fight from a legal point of view. I'll ask my attorney about this and will keep you posted.
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paskal
12-13 12:00 PM
--I think, per country quota system was framed with diversification as underlying principle, not discrimination.
Depending on which country you are from, it may seem like discrimination or fair system upholding diversity.
If you are from India, you would hate it. There are truckloads of programmers in that country. But if you are the only graduate with programming skills from a country like timbaktoo (?), you would love it. You also got a shot at american dream.
This EB quota system reminds me of Caste reservation system in India. To some that is fair, to others, it is unfair. Depends on which side of the fence you are.
if you read the history of immigration this country you will see that such measures are typically taken with restriction in mind not diversity. Diversity is the nice sounding cloak. there is a definite fear that FB will bring in many mexican migrants ( "chain migration") and the country quota holds that back imho. you think it's because of indian programmers? it was made long before those existed. remember we are a minuscule number- don't feel so important- the programmers are about 2% of all immigrants. 11% is all EB, half are families, half again are techies- not all those are programmers. do the math.
also remember that 50,000 Gc are given a year by lottery for "diversity". as a result more bangladeshis get Gc in a year than indians on EB. so why do we need the country quota in EB again?
to the person bringing up caste system and fences, here is my proposal.
i am a physician, i am being held behind hoardes of techies who can easily have PD's much before mine since i am training and working longer and the J1 holds me back. 12 years here and no where in the line...so i should get a fast track too. let's have a cap for the techies...hey it looks great from my side of the fence...i'm sure you will agree that i should be pushed up the line.
either it's wrong or right. the caste system is wrong, from every side of the fence. it may benefit some and hurt others. but it's wrong, wrong and wrong.
same for this country quota. sure it helps some, and looks good from "their side of the fence". that does not change the fact that it is wrong.
none of this is an argument for a legal approach. just responding to stuff here. the "colonizing" comment was really something. have the author been visiting FAIR??
Depending on which country you are from, it may seem like discrimination or fair system upholding diversity.
If you are from India, you would hate it. There are truckloads of programmers in that country. But if you are the only graduate with programming skills from a country like timbaktoo (?), you would love it. You also got a shot at american dream.
This EB quota system reminds me of Caste reservation system in India. To some that is fair, to others, it is unfair. Depends on which side of the fence you are.
if you read the history of immigration this country you will see that such measures are typically taken with restriction in mind not diversity. Diversity is the nice sounding cloak. there is a definite fear that FB will bring in many mexican migrants ( "chain migration") and the country quota holds that back imho. you think it's because of indian programmers? it was made long before those existed. remember we are a minuscule number- don't feel so important- the programmers are about 2% of all immigrants. 11% is all EB, half are families, half again are techies- not all those are programmers. do the math.
also remember that 50,000 Gc are given a year by lottery for "diversity". as a result more bangladeshis get Gc in a year than indians on EB. so why do we need the country quota in EB again?
to the person bringing up caste system and fences, here is my proposal.
i am a physician, i am being held behind hoardes of techies who can easily have PD's much before mine since i am training and working longer and the J1 holds me back. 12 years here and no where in the line...so i should get a fast track too. let's have a cap for the techies...hey it looks great from my side of the fence...i'm sure you will agree that i should be pushed up the line.
either it's wrong or right. the caste system is wrong, from every side of the fence. it may benefit some and hurt others. but it's wrong, wrong and wrong.
same for this country quota. sure it helps some, and looks good from "their side of the fence". that does not change the fact that it is wrong.
none of this is an argument for a legal approach. just responding to stuff here. the "colonizing" comment was really something. have the author been visiting FAIR??
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thomachan72
01-13 02:59 PM
One important point from the document: If employer can not directly control/supervise his employee's work and then H1B new petition/extension may not be approved.
Are these provisions new? I am not aware of the previous laws reg H1bs that is why I am asking. Previously employer did not need to have direct supervision?
Are these provisions new? I am not aware of the previous laws reg H1bs that is why I am asking. Previously employer did not need to have direct supervision?

a.j.2048
12-13 10:39 PM
The anti's would be all over us as soon as we filed in federal district court probably even before a hearing, and definitely after a hearing.
Not necessarily. The antis are mad because the country quotas are effectively limiting European immigration. Read how this fellow rails against the country quotas in his book: http://www.vdare.com/alien_nation/
Not necessarily. The antis are mad because the country quotas are effectively limiting European immigration. Read how this fellow rails against the country quotas in his book: http://www.vdare.com/alien_nation/
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alterego
10-07 04:40 PM
Sachug22,
I can pretty much guarantee you, if there is no quarterly spillover, your projections for without quarterly spillover are way too optimistic.
Your with quarterly spillover numbers are probably closer.
Of course with the USCIS, all rules, logic and common sense goes out the window. Poor State Dept has to read them and their productivity/intentions monthly, and of course we are on the receiving end of their non sense.
I can pretty much guarantee you, if there is no quarterly spillover, your projections for without quarterly spillover are way too optimistic.
Your with quarterly spillover numbers are probably closer.
Of course with the USCIS, all rules, logic and common sense goes out the window. Poor State Dept has to read them and their productivity/intentions monthly, and of course we are on the receiving end of their non sense.
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eastindia
07-26 02:18 PM
I have been to just one of their meetings in bay area and found it to be a bit childish and full of fake people, people trying hard to portray themselve to be your best friend when in reality they are not
It is a selfish world and nobody is your true or best friend. Amway or no Amway.
It is a selfish world and nobody is your true or best friend. Amway or no Amway.
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ita
04-20 05:02 PM
Congress was against NRI voting rights.They even said that if voting rights were to be given to NRI' then it should be given first to Indians in Gulf and other Muslim countries.It's anybody's guess why?
Forget about voting rights to NRIs if congress gets power another time they are going to introduce reservations in Defense.No system in India into which reservations have been introduced stayed strong.This wold be ultimate insult and a death blow to the country.
Like Muslims in Gujarat that have realized that Congress would keep them along with others in the country in poverty after taking their votes, hope all the other Muslims in the country realize it soon.Unfortunate thing is people who are self proclaimed cream of the top,that can think clearly and people who listen to this cream of the top are playing into the deceit of this party
Guys,
Poll is ok, but what about our voting rights? Many countries allow citizens to use proxy vote / vote by mail to exercise their rights... I remember that there was a bill in 2006 on the floor of parlement to allow this for NRI's and Congress party was dead against such a bill due to some reason... Not sure what happened after that...
Its rediculous that about a million folks in this country and many more around the world, (I believe 30 million or so NRI's in total) are deprived of their fundamental contitutional right to vote, well a small portion compared to total population. Its unfortunate.
Forget about voting rights to NRIs if congress gets power another time they are going to introduce reservations in Defense.No system in India into which reservations have been introduced stayed strong.This wold be ultimate insult and a death blow to the country.
Like Muslims in Gujarat that have realized that Congress would keep them along with others in the country in poverty after taking their votes, hope all the other Muslims in the country realize it soon.Unfortunate thing is people who are self proclaimed cream of the top,that can think clearly and people who listen to this cream of the top are playing into the deceit of this party
Guys,
Poll is ok, but what about our voting rights? Many countries allow citizens to use proxy vote / vote by mail to exercise their rights... I remember that there was a bill in 2006 on the floor of parlement to allow this for NRI's and Congress party was dead against such a bill due to some reason... Not sure what happened after that...
Its rediculous that about a million folks in this country and many more around the world, (I believe 30 million or so NRI's in total) are deprived of their fundamental contitutional right to vote, well a small portion compared to total population. Its unfortunate.
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krishmunn
07-27 03:23 PM
Oh yeahhh..."1099-int" was a rhetorical statement as you mentioned it.
Don't worry I have already done my homework with law offices or CIS, as I had to show all incomes during interviews. Keep on squeaking.
Good to know that a EB 3 spot will soon be freed up when you are deported for your "unauthorized work". I now really wish more people (even EB2) join Amway . We might not need a CIR after all :)
Don't worry I have already done my homework with law offices or CIS, as I had to show all incomes during interviews. Keep on squeaking.
Good to know that a EB 3 spot will soon be freed up when you are deported for your "unauthorized work". I now really wish more people (even EB2) join Amway . We might not need a CIR after all :)
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ivar
08-16 02:05 AM
He is confused immigration with security system
I agree security system and immigration system are two different things but they are closely related. What procedures we follow after landing with our I-94 form are immigration procedures and not security checks. Well i guess i need not extend this topic any further.. because as one post above says that this thread is not leading to any fruitful discussion. I assume forums are a place to discuss and exchange views and ideas and what better place than IV to discuss immigration issues.. i don't understand. Still if this thread doesn't serve any purpose i will edit and remove all my post on this thread. Thanks everyone for sharing your views.
I agree security system and immigration system are two different things but they are closely related. What procedures we follow after landing with our I-94 form are immigration procedures and not security checks. Well i guess i need not extend this topic any further.. because as one post above says that this thread is not leading to any fruitful discussion. I assume forums are a place to discuss and exchange views and ideas and what better place than IV to discuss immigration issues.. i don't understand. Still if this thread doesn't serve any purpose i will edit and remove all my post on this thread. Thanks everyone for sharing your views.
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andy garcia
06-27 08:32 AM
In the absence (to our knowledge) of USCIS URL, it is not possoble to say that dates can not retrogress in the middle of a month. For example, USCIS has no rule of time period between switching jobs. This means they can do whatever they feel like.
I am saying that 2007 GCs can get exhausted at any time independent of I-485s received/approved.
Hi Macaca;
This is taken from the July 2000 VB:
HOW THE SYSTEM OPERATES
At the beginning of each month, the Visa Office receives a report from each immigrant visa processing post listing totals of documentarily qualified immigrant visa applicants in categories subject to numerical limitation.
Cases are grouped by foreign state chargeability/preference/priority date. No names are reported. During the first week of each month, this documentarily qualified demand is tabulated.
VO subdivides the annual preference and foreign state limitations which are specified by the Immigration and Nationality Act (INA) into twelve monthly allotments. The totals of documentarily qualified applicants reported to VO, and the expected INS demand for numbers, are compared each month with the numbers available for the next regular allotment. This allows for the determination of the monthly cut-off dates, and the allotment of numbers for reported applicants who have priority dates within the newly established cut-off dates.
If there are sufficient numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered "current."
From this it is very clear that the number of Visas available for the rest of the FY 07 is enough to accept as many applications as can be approved in those 3 months(July, Aug and Sep).
I am saying that 2007 GCs can get exhausted at any time independent of I-485s received/approved.
Hi Macaca;
This is taken from the July 2000 VB:
HOW THE SYSTEM OPERATES
At the beginning of each month, the Visa Office receives a report from each immigrant visa processing post listing totals of documentarily qualified immigrant visa applicants in categories subject to numerical limitation.
Cases are grouped by foreign state chargeability/preference/priority date. No names are reported. During the first week of each month, this documentarily qualified demand is tabulated.
VO subdivides the annual preference and foreign state limitations which are specified by the Immigration and Nationality Act (INA) into twelve monthly allotments. The totals of documentarily qualified applicants reported to VO, and the expected INS demand for numbers, are compared each month with the numbers available for the next regular allotment. This allows for the determination of the monthly cut-off dates, and the allotment of numbers for reported applicants who have priority dates within the newly established cut-off dates.
If there are sufficient numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered "current."
From this it is very clear that the number of Visas available for the rest of the FY 07 is enough to accept as many applications as can be approved in those 3 months(July, Aug and Sep).
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HereIComeGC
02-15 12:43 PM
"CLASS ACTION AGAINST USCIS? My god, you have no idea what you're talking about"
Freedom without violence?? Man on the Moon?
Sounds familiar?
You would have said few months back "GC without FBI Namechecks? You have no idea what you are talking about"
You can't win if you don't even try. Simple as that. At the minimum, lawsuit will highlight all the issues in the broken process and get some serious media action.
I myself wanted to have my greencard NOW!!!
Unfortunately, I have to wait until there is a visa available.
Whether there is a shortcoming on their law here, as aliens, we should also respect the law just like their citizens.
Congress is the only one who could make changes to their existing laws and if they can't do it, bad luck to us.
Their hands are tied.
USCIS cannot do anything because they are just following the law.
Class action is a very big thing and I've read alot of responses here as if filing for a class action is like going to walmart and complain about a defective item you just bought.
I'm not a lawyer but I'm working for a law firm which gives me some idea how the legal system works.
CLASS ACTION AGAINST USCIS? My god, you have no idea what you're talking about.
Freedom without violence?? Man on the Moon?
Sounds familiar?
You would have said few months back "GC without FBI Namechecks? You have no idea what you are talking about"
You can't win if you don't even try. Simple as that. At the minimum, lawsuit will highlight all the issues in the broken process and get some serious media action.
I myself wanted to have my greencard NOW!!!
Unfortunately, I have to wait until there is a visa available.
Whether there is a shortcoming on their law here, as aliens, we should also respect the law just like their citizens.
Congress is the only one who could make changes to their existing laws and if they can't do it, bad luck to us.
Their hands are tied.
USCIS cannot do anything because they are just following the law.
Class action is a very big thing and I've read alot of responses here as if filing for a class action is like going to walmart and complain about a defective item you just bought.
I'm not a lawyer but I'm working for a law firm which gives me some idea how the legal system works.
CLASS ACTION AGAINST USCIS? My god, you have no idea what you're talking about.
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immi_seeker
09-14 03:04 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)
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
PERM applicants in 2005 (7276 of this 40% are Indian and 60% from EB2 ) -> 1750 LCA
1100 LCA => 3850 GC
Total pending I-485 in 2005 (EB2 India) ~ 8000
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.
seems to be a good and close to accurate analysis. we have to wait & see
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)
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
PERM applicants in 2005 (7276 of this 40% are Indian and 60% from EB2 ) -> 1750 LCA
1100 LCA => 3850 GC
Total pending I-485 in 2005 (EB2 India) ~ 8000
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.
seems to be a good and close to accurate analysis. we have to wait & see
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srkamath
07-30 09:10 AM
this makes no sense (with all due respect to Mr Gotcher). He basically claims that PD has been moved to allow CP cases to be processed faster to avoid visa number wastage.. However he also says that there is a huge backlog of AOS cases. Looking at how many CP cases are being called for interview in mumbai and delhi (low hundreds) I dont see how CP alone can help avoid a big wastage of visas. If USCIS is still 20k short, then its the massive pile of AOS cases they should be using, just like they did last year.
Also, if they waste visa numbers this year, it would be really gross incompetence. EB2-India has gone all the way from 2000 to 2006 this year. They slack off at the start of the year, then scramble in the end. I dont know why they follow this approach knowing full well that right at the end it puts them in a soup.
This Ron Gotcher guy does not seem to get it.... he has an agenda, I dont buy his logic. It is unlikely that ~ 50 cases at consular posts are enough motivation to move dates forward by two years.
It took roughly one year for EB2-I dates to advance beyond April04 from the time it first got to April 04.
We know 2005 is a lean year.
It is likely that it will take almost a year before EB2-I dates advance beyond June06.
Those with PD < June06 that do not get a GC by Sep08 can expect to get it by Sep 09. Until then we will see some short term swings between 2003 and 2006.
Also, if they waste visa numbers this year, it would be really gross incompetence. EB2-India has gone all the way from 2000 to 2006 this year. They slack off at the start of the year, then scramble in the end. I dont know why they follow this approach knowing full well that right at the end it puts them in a soup.
This Ron Gotcher guy does not seem to get it.... he has an agenda, I dont buy his logic. It is unlikely that ~ 50 cases at consular posts are enough motivation to move dates forward by two years.
It took roughly one year for EB2-I dates to advance beyond April04 from the time it first got to April 04.
We know 2005 is a lean year.
It is likely that it will take almost a year before EB2-I dates advance beyond June06.
Those with PD < June06 that do not get a GC by Sep08 can expect to get it by Sep 09. Until then we will see some short term swings between 2003 and 2006.
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sparky_jones
05-28 10:43 PM
"When asked about the potential cutoff dates for EB3 India, China, and Mexico, Mr. Oppenheim said that it would depend on the demand for these categories over the rest of FY2009"
What demand? Aren't these categories already "Unavailable" for the rest of FY2009? What will generate the demand? His earlier statements seem to suggest they have a pretty good handle on the number of cases pending and the EB categories and chargeabilities of those cases. Should'nt they already have a pretty good handle on the demand? On one hand, Mr. Oppenheim is throwing out numbers like they've got it all figured out...and immediately after that he makes a statement which implies they haven't a clue!
What demand? Aren't these categories already "Unavailable" for the rest of FY2009? What will generate the demand? His earlier statements seem to suggest they have a pretty good handle on the number of cases pending and the EB categories and chargeabilities of those cases. Should'nt they already have a pretty good handle on the demand? On one hand, Mr. Oppenheim is throwing out numbers like they've got it all figured out...and immediately after that he makes a statement which implies they haven't a clue!
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ocpmachine
09-17 11:21 AM
When it took about 2 years spill over visas (2008 and 2009) for the EB2 India dates to move from April 2004 to Jan 2005, I am sure you could estimate how long it would take to cross a year.
This is not entirely true, the spillovers in 2008 was given to PD's till mid 2006 and cases with FBI namecheck pending(PD's 2003/4/5) were not approved, so 2008 spillovers did not go fully to 2003/4/5 PD cases. However, in 2009 the spill overs go entirely to 2004 cases as FBI cleared name checks and due to pre-adjudication.
So my take is it took part of 2008 spillovers + entire 2009 spillover numbers just to clear 2004 backlog, unless we have pre-perm Jan-Mar05 numbers we really cant logically predict the EB2 movement.
Edit: oops, i see sachug22 already posted a similar reply, sorry for the duplicate post.
This is not entirely true, the spillovers in 2008 was given to PD's till mid 2006 and cases with FBI namecheck pending(PD's 2003/4/5) were not approved, so 2008 spillovers did not go fully to 2003/4/5 PD cases. However, in 2009 the spill overs go entirely to 2004 cases as FBI cleared name checks and due to pre-adjudication.
So my take is it took part of 2008 spillovers + entire 2009 spillover numbers just to clear 2004 backlog, unless we have pre-perm Jan-Mar05 numbers we really cant logically predict the EB2 movement.
Edit: oops, i see sachug22 already posted a similar reply, sorry for the duplicate post.
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BharatPremi
09-24 11:40 AM
Please see my inline comment.
SROYC,
Can you give me USCIS or any other authentic Doc/link which states ICMP share is 7% of 28.6% ? In years I have not found such doc. Therefore, assuming USCIS works fairly :D I had to divide 28.6% by 5 - equal share for each country within particular category.
Yes, there are many other factors we will have to factor in like incoming flow of applications, swith over count, spillover at the end of the year.
SROYC,
Can you give me USCIS or any other authentic Doc/link which states ICMP share is 7% of 28.6% ? In years I have not found such doc. Therefore, assuming USCIS works fairly :D I had to divide 28.6% by 5 - equal share for each country within particular category.
Yes, there are many other factors we will have to factor in like incoming flow of applications, swith over count, spillover at the end of the year.
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logiclife
12-14 04:58 PM
I know what I am about to say will trigger a lot of reaction and some resentment, but it has to be said on behalf of those who are not Indian. I think the per country limit is to ensure that people of all nationalities and races have an equal opportunity to obtain a green card and to ensure that no one nationality, group, or even sector (i.e. IT) monopolizes the so few visas that are available. In fact, in the visa lottery, countries become excluded when the number of immigrants from them reach a certain point, so we are lucky they do not do that in the Employment-based system!
I think that by wanting to remove the per country limit so more Indians can avail of the green card quota is both asking for "special treatment" and a slap in the face for all the non-Indian IV members. The more I read the threads on this site, the more I feel that this organization is geared just to one ethnic group. I am sure that Indians probably make up the majority of members, but the founders of IV (I hope) did not want this organization to become one-sided! Please be considerate of ALL members and try to come up with suggestions that would benefit ALL members!!!:mad:
Well, I agree with your argument when it comes to diversity lottery visas. Or Family based visas. Because those green cards are not given based on any merit, education or employability of an individual. They are just given away to anyone whose relatives sponsor (family based) or whose country doesnt send enough immigrants here in USA and add those country's citizens adds diversity.
However, in employment based immigration, 140,000 green cards are given each year because those 140,000 individuals have been sponsored by their employers for a job for which no US citizen is willing qualified and able to do and the employer finds it worth it to go thru hassles of dealing with immigration in order to retain this employee. The employers dont care whether the employee is Indian, Chinese, Brit or South African. The government too, is not giving this green card because someone is Indian or chinese. The employer wants individual to fill a position, the government agrees to it - up to 140,000 a year - and that's where it ends. Therefore, in such benefit, where the ONE AND ONLY REASON for green card is EMPLOYMENT, why should employee A born in India wait for 10 years but employee B born in South Afria wait for 2 years even though the reason for both employee A and employee B for getting the greencard is the same - EMPLOYMENT.
Are you saying , based on your theory that there should be 7% per country limits in hiring too - that all these corporations, when they hire non-citizens, should keep one country's immigrant workers capped at 7% ? Should Microsoft, Cisco and Oracle fill all jobs and sponsor all greencard at rate of 7 % per country? Are you also going to complain that there are too many Indians in Microsoft and large software corporations and Indians have "monopolized" that profession? Or that Vietnamese and chinese have monopolized the nail-salon and dry-cleaning business? Do you even know what a monopoly is?
By the way, if the congressional intent was the keep diversity intact even in employment based immigration, then how come there is no per-country ceiling on H1 and L1? On H1 there is no per-country ceiling. So its ok to be disproportionate when you bring people into the country from outside (using H1/L1), but when the same bunch of people apply for green cards, there are different queues for different countries and your wait time depends on where you were born? What kind of nonsense is that?
All due respect, your argument is baseless and stems from the fact that you love the idea that you are personally benefitting by being in ROW.
There are plenty of ROW members who have supported the idea of removal of per-country ceilings, who have walked with me to congressional offices asking for parity and who have marched in DC.
I think that by wanting to remove the per country limit so more Indians can avail of the green card quota is both asking for "special treatment" and a slap in the face for all the non-Indian IV members. The more I read the threads on this site, the more I feel that this organization is geared just to one ethnic group. I am sure that Indians probably make up the majority of members, but the founders of IV (I hope) did not want this organization to become one-sided! Please be considerate of ALL members and try to come up with suggestions that would benefit ALL members!!!:mad:
Well, I agree with your argument when it comes to diversity lottery visas. Or Family based visas. Because those green cards are not given based on any merit, education or employability of an individual. They are just given away to anyone whose relatives sponsor (family based) or whose country doesnt send enough immigrants here in USA and add those country's citizens adds diversity.
However, in employment based immigration, 140,000 green cards are given each year because those 140,000 individuals have been sponsored by their employers for a job for which no US citizen is willing qualified and able to do and the employer finds it worth it to go thru hassles of dealing with immigration in order to retain this employee. The employers dont care whether the employee is Indian, Chinese, Brit or South African. The government too, is not giving this green card because someone is Indian or chinese. The employer wants individual to fill a position, the government agrees to it - up to 140,000 a year - and that's where it ends. Therefore, in such benefit, where the ONE AND ONLY REASON for green card is EMPLOYMENT, why should employee A born in India wait for 10 years but employee B born in South Afria wait for 2 years even though the reason for both employee A and employee B for getting the greencard is the same - EMPLOYMENT.
Are you saying , based on your theory that there should be 7% per country limits in hiring too - that all these corporations, when they hire non-citizens, should keep one country's immigrant workers capped at 7% ? Should Microsoft, Cisco and Oracle fill all jobs and sponsor all greencard at rate of 7 % per country? Are you also going to complain that there are too many Indians in Microsoft and large software corporations and Indians have "monopolized" that profession? Or that Vietnamese and chinese have monopolized the nail-salon and dry-cleaning business? Do you even know what a monopoly is?
By the way, if the congressional intent was the keep diversity intact even in employment based immigration, then how come there is no per-country ceiling on H1 and L1? On H1 there is no per-country ceiling. So its ok to be disproportionate when you bring people into the country from outside (using H1/L1), but when the same bunch of people apply for green cards, there are different queues for different countries and your wait time depends on where you were born? What kind of nonsense is that?
All due respect, your argument is baseless and stems from the fact that you love the idea that you are personally benefitting by being in ROW.
There are plenty of ROW members who have supported the idea of removal of per-country ceilings, who have walked with me to congressional offices asking for parity and who have marched in DC.
chi_shark
06-11 12:49 AM
ratturani, i am seeing an increasing number of posts that state the facts as clearly as you have stated... thats great... now i think somewhere some day, someone will float a good idea of motivating employers such as MS, Intel, BAC etc to fight for us instead of trying to motivate only the congress... see, we dont have too much of power in congress... :-(
Don't think of it as punishment. The US wants to allow a certain number of people to immigrate each year. The demand far outstrips the supply. That's where the problem is.
There are two ways to address this:
Increase the supply
Decrease the demand
Those are the only two ways. One option would be to go for a points based system that awards the limited visas to those with the best qualifications or where the need is greatest. After all the US is in a "buyer's market" and can pick and choose those immigrants that add most to the country.
The other option (which is at present politically infeasible) is to increase the annual immigrant quotas. Tough to support this in a recession with 10% unemployment.
I'm not sure you can characterize this as unfair... ultimately it is left to the US to determine how many people they want immigrating.
Don't think of it as punishment. The US wants to allow a certain number of people to immigrate each year. The demand far outstrips the supply. That's where the problem is.
There are two ways to address this:
Increase the supply
Decrease the demand
Those are the only two ways. One option would be to go for a points based system that awards the limited visas to those with the best qualifications or where the need is greatest. After all the US is in a "buyer's market" and can pick and choose those immigrants that add most to the country.
The other option (which is at present politically infeasible) is to increase the annual immigrant quotas. Tough to support this in a recession with 10% unemployment.
I'm not sure you can characterize this as unfair... ultimately it is left to the US to determine how many people they want immigrating.
caydee
01-15 09:44 PM
The topic is USCIS's memo. Why are fellow IVans discussing H1 versus L1 versus outsourcing. For some reason, a few people here think that all issues are caused by either big Indian companies or small desi companies. Some believe that getting rid of the consulting business model will accelerate their PR application. Wonder what is being achieved from these "lively" debates other than feeding the other side with enough ammo to decimate all of us. I still believe that our focus is immigration reform. Macaca is right about "self inflicted wound".
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Peace!
Hope folks here watch this masterpiece on Youtube and learn from wild buffaloes - YouTube - Battle at Kruger (http://www.youtube.com/watch?v=LU8DDYz68kM)
Nature will never cease to amaze us.
Peace!
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