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  • BharatPremi
    09-24 12:06 PM
    I think your analysis considers EB1(ROW)+EB2(ROW) spill over to EB3(ROW) that is not true,

    EB1 Overflow ---> EB2
    EB2 Overflow ---> EB2(I)+EB China

    That means as per your calculation, it would be 19,282 considering 0 EB1 and EB2 filled in 2010.

    As i said in my previous posts EB2 would be May 2006 by end of this year for sure.
    Best case scenario considering more than 30K spill over it would be end of 2006.

    You are also calculating spillover as of today with the pending cases, but the spill over happens only in Last quarter of 2010. There would be some if not more EB1+EB2 ROW applicants.

    One thing for spillover is sure and that is it is happening at the end of a year. If we read the Visa bulletin 2 methods of spillover can be derived.

    1) Spillover within preference first and then to country

    Example: additional numbers of EB2- I go to EB2-M/C and after that any left ones go to
    EB3 category
    2) Spillover within contry first

    Example: EB2-I - any extra numbers go to EB3-I and still left go to "unused" ready to be used by other oversubscribed country.

    Now USCIS may be doing spillover by any of these methods or combination. I think none of us have exact proof which way USCIS does spillover.

    In analysis we need to assume one or other path and that is what I did.

    Yes, current new influx of applications is a major item to factor in but I was working on the data what USCIS published and it has not published current influx. Every month calculations get changed.





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  • samay
    07-14 06:23 AM
    I have applied for 485 last year and I already have I-140 approved so I meet the criteria for AC21.

    My question is that I have not applied for EAD and I am still on H1 with same employer. In case I lose job will I be considered out of status immediately for the reason that I am not using EAD. As I understand being on EAD allows some flexibility in gap in employment until the time of approval of 485 application.

    I suggest you apply for your EAD as soon as you can. It allows you a lot more flexibility and also helps with other issues such as the drivers license.





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  • Macaca
    06-28 08:04 PM
    Like I said, after AILA's memo came out yesterday, all the lawyers who were saying "it wont happen" have suddenly flipped and now they are saying "Anything can happen".

    I have been asking this question for the past 1 year. I was always told that USCIS can not retrogress mid-month.

    My guess is that USCIS told the lawyers that they will not retrogress mid month. Now USCIS is flip-flopping. That is why AILA wants to sue USCIS which probably means nothing: USCIS has lot of lawsuits!





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  • roseball
    07-10 12:35 PM
    Can anyone recommend any good IT consulting companies in Canada?

    I need a permanent job offer to qualify for the points but most of the jobs for my skill set are either contract jobs or for relocation to USA. Please help.


    Try www.cgi.com.

    Its one of the top consulting companies in Canada which hire for full time positions....One of my colleagues moved to Canada last year and got a decent offer from CGI in Toronto.........Keep in mind that salaries in Canada when compared to US are not that great, not to mention high taxes.....But the peace of mind and stress free life is priceless.....



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  • cbpds
    01-14 02:27 PM
    Would it affect ppl who have to go for stamping as well?

    What these guys are really trying to achieve is bring back the good old days of high billing rates. I guess they see that the desi consulting company is responsible for driving down the quality as well as rates and salaries. The memo gives examples that would make it ok for large consulting companies like Accenture, Infy, PWC, etc, but not ok to be a *tech or *soft desi consulting company.





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  • ivar
    07-21 10:50 PM
    I guess there should be some T-Shirt to wear when going to Walmart or desi shop which says "Amway leaches keep away (some slogan)" to put these desi Amway guys to shame.

    When I moved to Cali about 2 yrs back from the midwest, I saw a guy at a desi store in the bay area who looked very similar to an old school friend whom I have not seen in 14 yrs. I went upto him and started talking to him asking if he was the same guy, He insulted me and avoided me like the plague. In midwest, I have not had any similar exp when I have tried stiking any conversation with a desi, so I was shocked. Then my BIL who had been living in the bay area for a while tole me about amway cons being in huge numbers and the fact that Desis do not trust anyone in the bayarea who appear friendly and the probable reason why this guy behaved the way he did. It is sad that we cannot be friendly to our own countrymen.



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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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  • user1205
    02-12 02:51 PM
    9 moths and 5 days for me :-)


    Yeah, Tell me about it!!!

    Just two more months and mine would have been current!!!!



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  • amsgc
    07-03 10:39 PM
    Here's my take for reporters/commentators - Request for review and feedback

    Dear Sir/Madam:

    I am writing to you with regards to the predicament of the high skilled immigrant community in the United States, waiting patiently for their Green Card. I understand that you have been closely following the immigration debates and thought you may be interested in discussing among your readers and audience the latest volte-face by the US government.

    At present there are hundreds of thousands of high skilled law abiding individuals currently residing in the United States, whose “employment based” petition to immigrate has been approved by the USCIS, of the Department of Homeland Security. Due to the arbitrarily set limitation on the number of skilled immigrants admitted each year, and the severe backlogs in processing cases, these immigrants cannot adjust their status to permanent residence.

    On June 13th the Department of State issued its monthly Visa Bulletin inviting “all” these high skilled immigrants to file their application for the final stage of the Green Card process, beginning July 2nd. This sent a positive message to the immigrant community who, after years of agonizing wait, finally felt closer to realizing their American dream.

    The immigrant community, and their employers, invested valuable time and money on preparing the application forms, getting a medical exam and procuring supporting documents so that their application could reach the USCIS on time. News papers and journals around the world covered interesting stories of how parents and other family members were searching for birth certificates, immunization records, affidavits, etc so that their emigrant family member could have a better life in the United States.

    The USCIS, on the other hand, worked so hard through the month of June that it approved about 60,000 cases for adjustment of status, thereby using up all the immigrant visa numbers available for the current fiscal year. It is reported that the service approved approximately 18,000 cases on the last day of June! The Department of State, who is responsible for making the visas available, was forced to issue a revised bulletin on the morning of July 2nd to indicate that no more visas will be available for this fiscal year. As per policy, if no visas are available for the fiscal year, the USCIS stops accepting applications!

    The end result of this turn of events is that for the latter half of the month of June, the immigrant community spent hundreds of millions of dollars for their application - on hiring lawyers, taking unnecessary immunization shots, having family members run from pillar to post to collect old documents, only to hear the USCIS announce on July 2nd that it was all for nothing.

    It is hard to believe that when the Department of State issued its Visa Bulletin in June, it did not consider the amount of pressure the USCIS would come under in July. The USCIS on the other hand, could have certainly discussed the Visa Bulletin with the Department of State so that a limited number of applications would be accepted in July.
    The fact that it took eight months for the USCS to approve 66000 applications, and just the month of June to approve 60000 indicates two things – one that it intentionally preempted the avalanche of cases in the month of July, and second its complaints about lack of resources to adjudicate backlogged cases do not seem true. If the USCIS was intentionally working in over drive to avoid accepting cases in July, why did it not share this information with the department of state and request a revised Visa Bulletin?

    The immigrant community is extremely upset with this cruel joke played out by the Department of State and the USCIS. It is yet another indication that despite our contribution to this country, we are not welcome. Unfortunately, we don’t have a vote, and therefore cannot bring about a change without your help. These callous actions should not go unnoticed; the American citizenry must demand for transparency in its government’s functions.





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  • rsdang1
    08-21 11:39 AM
    "Everytime"?

    I've been pulled aside once, in the nearly 7 years I've lived here. I've never had to go through any sort of 'suffering' -- nobody humiliated, beat me up or threw me in some dungeon, and likewise with any of my friends (and I have friends of different nationalities and religion)

    I was asked the routine stuff - why I'm visiting the US - who I work for, where I live, how long have I been in the US and if I have family here. They asked, I respond - and that was that. The tone wasn't the most cordial nor was it demeaning. It's not a popularity contest. The key is to not take things personally. I have a lot of respect for President Kalam. He sure did Indians and people in general, proud. Now, please, give it a rest.



    I am a Sikh and I wear a turban due to my religious belief - try traveling with a Turban - You will very easily understand what "every time" means....
    :-)



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  • GCard_Dream
    06-28 07:31 PM
    I think the folks who decided to file on their own are clearly the winners here because they have complete control over when the AOS gets filed. Folks like me who decided to go with the company law firm are clearly the biggest losers here because with all the added work load, the law firms are in complete disarray and can not guarantee anything about when the cases will be filed. The company law firm I am dealing with is in so much disarray that they have stopped taking phone calls and they wouldn’t even talk to me on the phone.

    I have submitted all documents and filled out all their forms a while ago and I still haven't heard a word from them about whether they have received all the documents and when do they expect to file my case. Yet this is the law firm that probably charges 400 bucks an hour.

    Like logiclife said, I wish I would have done it myself. Well .. too late now :(





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  • bobby
    07-04 12:51 PM
    My suggestions:
    "Door slams shut for highly skilled LEGAL immigrants in the US"
    "US closes the door for highly skilled LEGAL immigrants"
    "US isolates highly skilled legal immigrants"
    "Broken Legal immigration system harmful to US competitiveness"
    "Legal Immigration system in shambles"

    I had started working on a letter myself but will wait for yours....here's my initial scribbles fyi....

    Law abiding skilled legal immigrants persecuted by government misstep

    On 7/2/07 the door was slammed shut for many skilled legal immigrants without notice while only 2 weeks earlier these same legal immigrants had been notified that the final stage of their immigration i.e.: green card processing, could begin. This occurred not because these legal immigrants had not followed the rules but rather due to scandalous government actions. These actions have caused outrage & devastation amongst skilled legal immigrants and immigration attorneys alike who question the government�s credibility and the government�s disregard for precedent and the law. The results may be costly litigation and a class action lawsuit by the governing body, the American Immigration Lawyers Association against the government.

    Much focus has been placed on illegal immigrants in this country. Yet, the broken immigration system holds ominous consequences for skilled legal immigrants which the US needs to remain competitive and at the forefront of technological and medical development. The obsolete immigration laws do not address this need and government missteps further contribute to the persecution of law abiding skilled legal immigrants who wait patiently in line and live with severe restrictions for many years while their immigration cases are processed.

    ....I was going to continue with information on the visa bulleting and IV etc.....



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  • akred
    02-16 12:53 PM
    I didn't generalize. I said preponderence meaning "a lot of" cases with L1/B1/H1 and I am also not denying the fact the India is doing a great job in producing IT skills in great numbers. I am saying how they end up in America in greater numbers than any other country. China, Pakistan, Israel also produces lots of IT gradutes but they don't have the bodyshop connection to land here with an NIIT certificate.

    Delusional? Quite a few European countries spring to mind before this one.





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  • JunRN
    09-23 01:14 PM
    This proposal if it hits the major news media will atleast catch the attention of most people regarding our plight as immigrants.

    On the other hand though, those on the other side will think that this proves their point --- they are losing jobs and money -- immigrants are taking it. They are losing houses and properties --- immigrants are taking it. They will put the blame on us.



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  • satishku_2000
    06-27 06:03 PM
    According to the AILA, approximately 40,000 visas remain in all employment-based categories, other than EW, for FY2007, according to its sources, and that the USCIS has far more than 40,000 adjustment applications in the backlog queue that are ready for approval, not to mention the additional numbers which will be consumed in concular immigrant visa processing. It is thus possible that the cap may reach within a short period in July, even though no one can predict it until after July 2, 2007. The USCIS at this time does not have any policy announced with reference to July 2007 I-485 filings which are filed after certain date in July when the total number is exhausted. However, considering the fact that the USCIS currently rejects the "Other Worker" category I-485 applications even though June 2007 Visa Bulletin show current for certain applicants because the "other worker" category quota was exhausted on June 5, 2007. This raises a serious concern because as we reported earlier today, the USCIS appears to be picking up the speed of processing of backlog I-485 applications in anticipation of flood of July 485 applications. The USCIS hands may be tied, should the EB visa numbers for FY 2007 is exhausted before the end of July.

    http://www.immigration-law.com/


    I dont think I will be able to file by July 2nd anyway . I sent my forms last week and I have no idea or update from lawyers office . This could be fun .. Hope I did not waste close to $1000 in this madness to file my 485.





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  • vivid_bharti
    05-01 05:27 PM
    Sri Lankan Tamils may not be Indian citizens but are etinic Indians and that is what their problem is and it is the problem in several other places like Malasiya, Fiji, Trinidad etc. these people are still called Indians in these countries and being discriminated. India being a powerful nation should protect the rights of ethnic Indians, but it doesn't....most or all of us know the reasons, it is being ruled by a lame duck govt. who cannot protect citizens living within the Indian boundries, so even if they try to interfere in other countries affairs, I'm sure even a smal coutry like Sri Lanka has guts to say Shoooo!!!! to our foreign Minister. India does not have any respect whatsoever in the world politics now, whatever was earned during the NDA govt. is all lost, nobody sees India with any respect any more, so atleast in my mind I know the answer why India is turning a blind eye towards the killing of Tamils in Sri Lanka & blatant Human Rights murder by a tiniest neighbor



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  • ghouse1742
    03-31 02:22 PM
    Dude, I am not supporting anyone here. Neither Train tragedy not the killing of 2000 innocents. No civilized person would ever support any kind of innocent killing. You missed my point here. I am born and brought up in Hyderabad old city and had seen numerous community riots for nothing. Always its the " INNOCENTS " who gets suffered. These things gets created for nothing. With no reasons. When mob gets angry its gets impossible to control them. Government should have definite guts to control.

    But being in Indian you know how much guts the Government has. Be it any party.

    I supported Modi for the development he had brought to Gujarat. Look at the development in Gujarat before and after Modi.

    A person who assists in the murder of people whom he has taken an oath to protect, cannot be really thinking about the country or for its development. By saying that HE is responsible for the development is clearly under estimating the capabilities of the gujrati people. The gujratis and rajasthanis are leaders in creating wealth and they did that for thousands of years successfully with world's envy before this ugly Indian came into picture. With your logic fodder eating Lalu is the smartest politician ever born....remember his $20Billion revenue he is bringing in from railways....never heard of from any sector...leave alone the ever losing railways...the only thing lalu can be given credit for is...not stopping the elite civil services managing directors and the academia (IIM, ISB) from doing their work...which they have been trying to for several decades....so I dont think the theory is right that one person (call him black spot of India) had done something....when each individual in the state is born with the blood which carries enterpreneurship.....kudos to all gujaratis....





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  • richana
    07-30 05:32 PM
    Travind I am not close to the family anymore I made the dude so uncomfortable he stopped calling me. Here are some avoidance techniques, but you need to be ballsy to pull them of and never exceed the limits of decency and you must have a sense of timing and humor to do these. I have used these techniques myself for avoidance
    1) Stare at his wife or sister and constantly compliment their looks, cooking, chai etc
    2) Make lots of sticky notes with their quotes in the meetings and stick it on their walls
    3)Break your pencil or pen at the meeting and loudly say cuss words like "shit that is good"
    4) Itch nervously when they approach you in any location they will leave you thinking you have some skin disease.
    5) Cough without closing your mouth directly in front of their face
    6) Wear ghetto clothes when you go to the usual locations they avoid you like the plague (sorry guys who wear kurta with jeans and leather chappals you are the most obvious target)
    7) Borrow cd's, dvd's etc and never return them or their calls they are bound to be nice since even in the worst case they are still trying to sell to you.

    There are more things to do but i'm guessing some other people will post their experiences , just one word of caution do not extend your torture because these people are human beings who have been proselytized by their diamonds etc that they dont realize and don't worry they will not learn from you.





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  • hiralal
    06-04 07:00 AM
    An easier fix would be to accord a FINAL status for a pre-adjudicated application. USCIS should not/cannot issue an RFE on an application once it has been accorded a FINAL status. The new status FINAL should be visible online and a formal document should be issued to the applicant stating that the application has been accorded a FINAL status.

    This is easier to get done rather than an iterim GC. Applicant gets the peace of mind and can go around buying houses, changing jobs etc whereas it is just a procedural change for USCIS.
    I agree ...giving a FINAL status would help everyone ..even USCIS ..as once they process the case, they don't have to look at it again.
    and they can deport those who have broken the laws sooner ..can we have a campaign on this ? let us start with something small atleast ...
    I wonder why the USCIS director did not mention this during congress hearings ..I guess no one cares about immigrants :)
    ---------------------
    ALSO I wonder why AILA and Murthy don't come up with such ideas when they meet Charles Openhiem ???? obvious answer is that it does not help AILA in anyway ?
    --------------------





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





    Subst_labor
    03-16 01:17 PM
    i am not paying anything, its a decent company from NJ. the only thing i am concerned about is that this experience was when i was IN college and it was a really small company (part time thing..)



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