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  • eb2_mumbai
    09-15 08:21 AM
    Dude, we need to take into account the thousands of EB3 I -> EB2 I conversions :(

    Its not as easy as you make it sound. If a person starts today for a new EB2 labor it will take least 1.5 years to get new I 140 approved. This is without any RFE at either stage. Considering today's environment where even simple H1 transfer has become a challenge it takes a really brave person to be playing with fire. Most consulting companies are not enthusiasitc about filing labors and fulltime companies have already said that they are getting too many responses to job advertisement so labor cannot be filed.

    Add to that it takes least $7000 to file both labor and 140 in terms of expenses.





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  • admin
    02-06 09:35 AM
    Here is a report from immigration-law.com

    02/05/2006: DOL Resummitted and Obtained OMB Clearance of Proposed Labor Substitution Elimination Regulation on 02/02/2006

    * This DOL and DHS proposed rule was cleared by the OMB last fall, but for unknown reasons, it has been pushed off. However, on February 2, 2006, Thursday, ETA/DOL resummitted the proposed rule and on the same day, the OMB cleared again this regulation. It is unknown at this time exactly when the DOL will publish this critical regulation but considering the fact that it reinstated the rule-making process as late as three days back, something must be cooking this time. Please stay tuned.

    Great news, especially given that most of the body shoppers were using it for fraud. Also this would make it easier for USCIS to predict the actual usage of Visa numbers and thus move the PDs accurately.





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  • snram4
    01-18 12:39 PM
    There is no doubt Everyone knows that H1b and GC laws are crazy. For that we need to fight to change the law but should not encourage to violate the law. If USCIS violates law lawsuit should be filed. That is the rightway.
    Isn't that the point what all anti-consulting folks are making here ? They want all existing laws (plus all laws they themselves created to satisfy their sadistic self) to be strictly followed. If that is the case snram4's relative should have been deported.

    What many do not understand is H1B laws are insane and irrational. Many from our country doesn't have the guts to fight crazy laws. All they are good at is screwing their own fellow country men out of jealousy or selfishness.

    Do all these folks follow law judiciously in their life ? I don't think so. Some of the folks here acting like bhagat singh came to this stage of life climbing over loads of corruption.





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  • lazycis
    02-14 09:19 AM
    There are 71 people who have voted for a class action lawsuit.

    Has anyone of them contacted Rajiv Khnanna and spent their own $600 and got an anwer? NO.

    This is because nobody is serious about this. Everyone wants the other person to spend their money and time. They will only spend their time in writing posts.

    I oppose this idea for number of reasons. Firstly people will not become plantiffs. They are scared. USCIS will scruitanize their applications more than anyone. Secondly people will not donate money in thousands of dollars each for it. Unless you can get hundred thousand dollars and above, you cannot go into a class action lawsuit. Thirdly nobody will go and travel on their own money and testify. Forthly, nobody will spend time helping lawyers prepare cases and research. Forthly, class action lawsuits take time and people will disappear after a while. Fifthly nobody will be willing to lead this effort. They will just dump it on IV to lead it and have core spend their time and money into it for them. Sixthly if this fail, they will blame IV for wasting the money and failing in the effort. Seventhly we do not want greencards that bad. If we wanted greencards that bad we all would have written more than 20 thousand letters till now. We should only try to bite as much as we can chew. This is just an overambitious plan and looks good in a post.

    Thus I oppose this idea.

    internet,
    You cannot speak on behalf of other persons. Speak for yourself. Even though I have a GC, I am willing to contribute (monetary, reviewing lawyers briefs, doing legal research). I will not be able to participate as plaintiff as I have a GC.



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  • PlainSpeak
    01-14 03:54 PM
    PlainSpeak, go check my posts - I have only addressed your eb discussion issue, and nothing else. (If you decide to answer this post, multi-quote all my posts on this thread - lets see where I have abused you! - I have 4 posts of which one is a repeat)

    If you had thought for a moment and seen that my previous posts got posted twice - you would have realized something amiss, or if you saw my last post you would have realized that it was not edited to remove anything! However, to you everything seems to be "out to get you" mode, and you talk of not attacking personally, and yet here you are!

    Refrain from dragging parents and spouses (which country/era do you think I am living in to have spouses?) into this. If you call for civility, then you got to be civil first!

    I don't know whether you are wasting your time, but I definitely am!

    BTW, if you do not want to go ahead to share the details of making your plans work, in spite of some members asking, what is the point in your continued answers?
    my friend willegtgc i am making an effort to be civil (and you go to be understanding about this). If i am talking in the context of everyone is about to get me that is because i have got so many abuses from 360 degress that it is hard to remember who was nice and non abusive and who was not

    And yes that was spouse not spouses (I am sorry about that spelling mistake) but you did post a message which was a . which was in relation to another members query about whether i am a man/women or something else. Now a . is called a Point which is also a degrotary reference to a person who is neither a man or a women. Now please do not deny it because there is no way you can fight that accusation off. I think if i dig deep down i wil come across other abuses made by you but i regress from the point

    Ok i have officialy got carpel tunnel syndrome.

    If you think you are wasting your time please stop responding to this post. I am up to my neck trying to reply back to you everytime. This is so simple why can you not do it. Do not reply anymore to this post anymore and atleast youwil have a good night sleep

    And do not even think of asking me about my plan. Where the heck do i have the time to write out anything concrete with people like you dissing me from every side. Now some one out here has asked me something similar and when i get time off from people like you (Yes YOU) i will get a chance to work on it and post it next.

    May be this week end will be a very interesting time for a discussion or maybe not. So take my advise my friend.

    If you get what i am saying i woul suggest there be no more posts from you, because beleive me i wil ignore your post. If you have some free time i would suggest you take some time and try to get my negetive count down. It is right now 4000.

    You (Everyone at IV) keep asking new members to beleive in what they are doing and make an effort without looking at the result right? You keep asking me what i did till now for IV. Ok now here is your chance. Think about it.

    PlainSpeak giving and impression of what willegtgc should be thinking instead
    Maybe Maybe Maybe this person was handled in a wrong way. Maybe if i show some kind of respect for the idea and for the person maybe it will make this persons day because maybe this person was speaking sense and maybe this person has the guts to follow up on what was said if given a chance to write something concerete, so maybe i willgetgc will give him a chance...





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  • BharatPremi
    12-13 05:22 PM
    In short, you cannot challenge the law itself but, can challenge how the law is interpreted.


    In general terms, yes that is the case and it should be. But what if some law is in direct conflict with the main theme or part of the constitution ?

    Like here EEO bans consideration of country of origin but EB based immigration allows per country limit. Both concepts/practice are really attached with "Employment". :confused:

    And all laws are really covered under the power of constitution? If not than where this one (per country based) lies? Constitutional OR non constitutional?



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  • qualified_trash
    10-24 10:24 AM
    Ok got it thanks Amoljak

    So then that is the only way one can SELL you an approved LC?
    there are also genuine cases where a big company will use the labor approved to try and retain another employ. say they file for LC for employee A. it gets approved but A decides to quit. they can then reuse it for an existing employee who is important to them and employee B then essentially gets to the I140 stage.





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  • pitha
    09-24 12:10 PM
    If USCIS and DOS were thinking logically what you said would have made sense but time and again they have proved that they act as if they are the masters of there own universe. Example South Korea had about 7000+ Eb2 visas but they are not considered retrogressed country (but that is a side matter, my point is they have there own weird logic and they dont care to disclose the logic behind there decisions.) For eb2 india forward movement to happen spillover of Visas from Eb1->eb2 row->eb2 India should happen every quarter. USCIS and DOS have given no indication what so ever that the spillover would happen every quarter, without spillover we have to wait till august\spetember 2010 for spillover. All you can do is just hope for the best. I am not sure why DOS would not disclose if spillover happens every quarter or not. With this data from USCIS they know the demand for the visas to do spillover every quarter.


    I believe that to maintain a steady 485 EB2-I queue the dates should advance fairly fast till maybe the end of 2007 much sooner than September. Following are the reasons, 6 months back probably there were less pre-adjudicated applications so the focus was reviewing and completing these cases, now most of the applications are pre-adjudicated and the route for steady approvals looks clear like what has happened in Sep 2009 for 2004 cases. There will be a time if the spillover happens as many have predicted then most of the cases will get approved and the pre-adjudicated applications will be less or even dry out, so in the letter and spirit I feel that the 485 pipeline should be equally populated at all steps, considering that the 485 approval process is long and has several steps. This year represents great hope for people who missed Jul 07; I guess its time for the next batch to get EAD/AP, I hope Iam not being over optimistic. Feedback and comments welcome for all.



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  • cagedcactus
    06-21 03:20 PM
    I took upon a couple of new employess in 2004 October and trained them for couple of months as per my job requirement. The company later laid off few guys and substituted two approved labors with these two guys. They got their greencards last year, while I am stuck with a F***ing 2003 PD.
    I cant even say how mad I was over getting screwed like this, but hey, if there is any good left, maybe I will have my day too........

    I agree with your post here.....

    Many of us are not aware of the extend of labor subtituion and the impact that it has on the visa numbers .

    I personally know a case where 1-140 was filed in 2005, for a Labor which was approved as early as 2000.

    The person was able to get his green card in 6 months time (he has been in US only for 1 year, came to work with the Indian company and joined this new firm just to get his substitute LC) and ate away 2 visa numbers which a genuine GC applicant should have got.

    When there are applicants who are waiting for more than 5-7 years to get their green card and in some cases just to get through the labor certification process , isnt this grossly unfair?

    Advocates support LC substituion as it is just one more avenue for them to make more money. Unscrupulous employers support the LC substituion since it helps them to make money ( as I understand many of these companies sell LC) . Also same LC is used multiple times.

    The losers are genuine GC applicants who are ethical and companies which are ethical.

    As a H4 visa holder my life in this country has been so very limited that even opening a bank account or getting a driving licence is tedious as most people have no clue about H4 Visa-its limitations including absence of SSN and donot acknowledge ITIN number for many of the above purposes.

    We who are hindered by retrogression and the slow processing (actually no processing at all ) happening in the backlog centers should welcome this new legislation for Banning LC substituion.





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  • amoljak
    05-10 04:52 PM
    I partly agree with you. But Employer petition is not the right answer to points based system. A fair way would be to keep employer based system of H1B (with portability) as an entry point in the country and criteria to stay. But allow self petition after say X years (4 maybe) of continuous employment at wages higher than prevailing wages and in your area of expertise. In that case Labor cert can also be eliminated because if you have continuous employment for 4 years, the business definitely needs you.

    So the process can be:
    May 2006: Come here on H1B
    May 2006 - May 2010: Work at wages greater than prevailing wage may be 10% higher
    June 2010 - Submit your W2s, paystubs, Tax returns, Application for Green card
    July 2010 - Get green card and enjoy :)



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  • richana
    07-30 06:38 PM
    Ohh the moral police (shiv sena etc) are out, chill out dude what is decent to you is not necessarily indecent to another man and and vice versa. You enjoy the same thing if Salman Khan does it in his movie, right? Don't be a Bore for real get my drift? Or were you the Amway gut I met?





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  • anilsal
    12-14 12:51 PM
    It is good to have constructive arguments. I request you to at least have the decency to use "smileys" (preferably the happier types) at the end of strong sentences, such that u don't come across as rude to the readers..... :cool:



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  • mailmy_gc
    07-29 05:39 PM
    Guys,

    I live in a place, Where we can find very few Indians. Out of 1500 units of apartments we are the only Indian family used to live in.

    One fine day (of course relaized that was worst day) My kid is playing at the play ground and I saw one Indian couple was walking towards the ground. I was so excited (offcourse later exploited) that atleat my will get some company. He spoke to me nice and I introduced my wife. I gave my phone number ...

    After 3 -4 days I got a call !!!! He said, one of his friend (big shot) is retiring this evening, if you guys can join, The Saga continued ..

    We all went then I relaized that it is Quix !! I couldn't get rid of them for 3,4 months (Offcourse I am new to US that time). But atlast we told them we can not do ... Even after that he used to call us for atleast do this ... you don't need to do any thing we all take care of it.etc.

    While I am reading this thread, I am laughing myself alot and I read almost all the replies. Offcourse I don't think some of our friends are writing that some quix guys may read this threading and upset about it.

    Common even my wife and myself had fight about these guys and I was so upset for days and every time we meet I was so embarasssed to say "No".

    if you get chance read this book for How to say No in a polished way -" Power Phrases by Meril Reunion"





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  • BlueSkyPro
    09-24 03:43 PM
    done.



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  • tonyHK12
    01-13 02:53 PM
    Do you think some one would go to all this length of providing helpful posts and do all the drege work all to just convince you. Please do not think so high about yourselves. As i said before to scare you all i need to do is write one post and that is not my strength that is you guys weakness whcih is on display here.
    You've got to be high or sick or both - go see a doctor. Right now you're just throwing trash around.
    great so you're trying to incite arguments between members and calling people names. you just proved my point. well don't waste time making empty threats or inciting people on forums.
    You can take your trash somewhere else.
    If you had any ideas you should have talked to your IV state rep in the last 4 years, it doesn't matter what you post.





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  • kumar80
    07-29 12:04 AM
    Thanks a lot for your reply.

    I had completed my BSc in computer science with 3 years & also completed my Masters(MCA) in computer science with 3 years.(both from India)

    Total I have 6 years(3 yrs bachelors + 3 yrs masters) of education/qualification in Computer Science.

    My labor has been approved & in that it is mentioned, position requires Masters degree.

    Do I qualify for EB2 category?
    I already filled I-140 in March 2008 under EB2.

    I will really appreciate your response.

    Thanks.


    Hi GetGC08,

    Do you have details of what kind of information was requested by USCIS? I have the same notice as yours when I check my I-140 status online. It was sent on July 28th 2008

    Reply asap would be appreciated.

    Thanks.



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  • msp1976
    02-18 11:28 AM
    This is an excellent analysis of why do you see so many EB based immigrants from India and not from other places...The same arguments can apply almost identically to the Chinese immigrants...

    http://www.businessweek.com/smallbiz/content/sep2006/sb20060913_157784.htm?chan=search


    I have been following your arguments and I get a sense that though not explicitly anti immigrants, you are opposed to any concentration of EB immigrants from any particular place..It just happens so that at this time it happens to be the Indians....
    But a large concentration of Indians in this immigrant category is not an accident....nor is it just because of people preferring their kins for sponsoring....But because of the numerous facts enumerated in this article.....

    Of course you can dismiss this argument as Indians promoting themselves...but what the heck... I have to at least try...





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  • vdlrao
    07-18 08:19 PM
    this is not correct. ROW continues to get preference.
    what has changed is that for a while USCIS chose to interpret the law in a way that gave EB2 GC numbers (the law mandated 28.6%) to EB3 ROW rather than spill them over the EB2 I/C. now they have corrected that and EB2 numbers (which include any spillover from EB1) are first used in EB2 ie category numbers are given priority.

    so the bonus advantage that EB3 ROW got for 1-2 years has been withdrawn. however with EB3 retrogressed and with EB2 I/C retrogressed, EB3 ROW continues to get all EB3 numbers except the 7% each for the retrogressed nation states.

    i would also like to know where the 20K number is coming from if anyone has a source please share it.

    Hi Paskal,

    We dont have any official source of available visas for EB2 India as of now.
    But based on the information availale it seems there would be about 30k visas, which are about 10 times more than what its been now (3,267 VISAS for EB2 India), available for EB2 India. Even though China shares with us for these visas, it would be minimal for china sharing as because china had already a cutoff date of Jan 2006 by Jul 2007. EB2 India has to be current pretty soon as of the increase in visa numbers allotment to almost about 10 times due to the horizontal fallout.

    We need your inputs as well, on this calculation of estimated visas for EB2 India.



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

    Originally Posted by sumagiri :

    There are some significant flaws in your analysis. If you correct them, the number comes to around 25K.

    First. The family spill over has to be applied to all categories. So the total number is 140,000 + 19,000.
    Second. You calculated EB1/2/3 gets 1/3 which is not correct. They use only 28.6% not 33.3% This makes difference.
    Third. The EB1+EB2 combined 70K already counted 9,800 visas for India. We should not add them again.

    According to USCIS/DOS testimonies they will usually end up using only 95% of total quota. They go conservatively because they must ensure that they won't use up even a single visa more than what law allows.So total available is approximately 159000*.95 = 151050
    Third. EB1, EB2, EB3 each will get 28.6%. Not one third (33.3%). That makes lot of difference. So each category will get around 43,200.
    EB4 and EB5 combined will get around 21,449

    Now again, going by statistics and your assumptions that EB1 and EB2 takes up 70K and EB4, EB5 takes up around 10K. The unused visas are

    ((43,200*2)+21,449) - (70,000+10000) = 27849.

    So the total EB2 visa usage will be around 70K + 25K =95K.


    http://immigrationvoice.org/forum/showthread.php?t=20167&highlight=vdlrao&page=7





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  • Eternal_Hope
    02-15 11:56 AM
    If you google retrogression, IV doesn't show up until page 2.
    Is there anyway we can change this? So that IV is the first link that shows up? Anyway know about this.


    Type "retrogression" in Google search bar - when the results page shows up, look at the right hand side, there under the Sponsored Links you will see IV advertisement and link.

    Looks pretty cool. GO IV!





    waiting4gc
    02-13 02:12 PM
    Again, there are no guarantees which of the 3 will get passed or accepted. 1 & 2 benefit you more than 3. Will be combined effect of those be more than enough to offset 3 (which I doubt will ever happen since that will require a change in law) is up to anyone's imagination.

    Will you stop supporting IV which is trying to improve ALL legal immigrants prospects of getting a green card because one item on their agenda MAY DO more harm to you than good is your prerogative.

    However, IMHO saying that 3 hurts you and hence you will not support IV is the same as those people who in July were crying because everyone was getting to file 485s and hence would lengthen the GC processing queue. I was in fact not benefiting too much from that but I supported it since having been in the queue for long enough I know how painful it is.

    Like lot of other people on this forum said, try to rise above what is GOOD FOR ME and I will only support IV if it does ONLY that. Someday there might be a law that affects you more than the majority and you will need the all legal immigrants voice to help you out.

    Is the cumulative effect of all three measures good for me (reduced wait time, or no change in wait time), or bad for me (increased wait time.)?

    I read this, and I was referring to this:



    So, does recapture and the increase in quota and the removal of the country limits, result in a greater wait time for me, as the comment above seems to imply. It would, if the recapture and the increase are not large enough to offset the effects of the removal of the per-country limit on ROW.

    Coz if it does, then I don't have an incentive to support your goals, do I?





    sb15
    07-22 01:39 PM
    My Alien # on I-140 approval notice is different from my I-485 receipt notice, will this cause an issue ? I appreciate your service.

    Thank you
    sb