Wednesday, August 10, 2011

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  • _TrueFacts
    09-03 11:48 PM
    Wow supporting to your own alias comments... And on top of it creating multiple IDs to increase your reputation.

    Is this not how you break the system????....This is called Corruption my friend....

    I can't help myself Laugh the hell out your stupid behavior of yours....LOL

    This is not your YSR's factionist land to be afraid off. Same id or not, you can't pick a hair.





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  • Marphad
    03-27 11:58 AM
    Hey this is not fair! Someone updated poll options.

    Anyways, not a problem. Just teach me how to do it please.





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  • carpediem
    05-28 11:45 PM
    Can someone tell me if this is right?

    - Total number of EB-2 visas = 40,000
    - 7% of 40,000 are allocated for India = 2,800
    - Number of EB-2 I I-485 apps pending = 30,000

    So if there is no spillover from other categories it will take north of 10 years for all the people who applied for I-485 in the July 2007 fiasco to get Green Cards. The only caveat to this would be attrition or legislation.





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  • bayarea07
    07-21 09:29 PM
    The Thing is No Matter how much we go logically, but nobodys know which direction USCIS will take.
    Not that I am contradicting your logic for calculations, i completely agree with your calculations.



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  • GCard_Dream
    02-12 02:15 PM
    If the current EB3-ROW move is any indication one can rely on, I think you will be current in next month's bulletin. I bet you can't wait.

    I wonder what kind of move we might see for eb3 -row next month.

    Yeah, Tell me about it!!!

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





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  • GC_ki_daud
    07-11 04:07 PM
    I have

    EB3 140 approved for June 2004
    and
    EB2 140 approved for May 2006

    My lawyer said that they will file a petiton to apply my EB2 status to my EB3 dates as soon as dates for EB2 cross June 2004

    But now, In this August VB , My EB2 became current .
    What I did not anticipate was the huge 2 year+ jump in EB2 dates


    My 485 was filed in July 2007 and shows the status pending since then.

    I asked my lawyer which 140 did he use to apply my 485 and he says "Both"

    I am confused with a couple of things

    1. Is it possible to file 485 by sending in both 140s. I asked the lawyer and he said that NOW since the date has jumped more than 2 years it is not advisable to file petiton to move dates .

    2. If I call USCIS , will they be able to tell me which 140 was used to file my 485



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  • sunnymit
    07-30 10:30 PM
    Dude chill relax. I am just having fun here. Read the two sentences ur self and conclude. That could be one of their approach too. I am not denying it:p

    any words/sentences taken out of context can mean different things than the original intent. For e.g. here is what you said...

    "Dude chill relax. I am just having fun here. Read the two sentences ur self and conclude. That could be one of their approach too. I am not denying it"

    Anyway.. Dude... chill relax... no pun intended here :)





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  • samay
    07-15 05:10 PM
    Dear Attorney,

    A million thanks for this website. I have a unique problem and I humbly request your expert advice on my situation.

    I am a physical therapist from India who got 221(g) after H1B interview. 221g tells me to take and pass the physical therapy licensing exam before they could issue the visa. I have Visa Screen certificate from CGFNS, educational equivalency report and approval letter to take NPTE exam(licensing exam) from physical therapy state board of Maryland.

    The problem is that, licensing exam is offered only in US mainland and to take the exam they should have given me H1B visa. I even submitted to the consular officer, USCIS memo on H-1B Specialty Occupation Licensure Requirements dated March 21, 2008 regarding 1 year temporary approval, still she gave me 221g.

    One more interesting thing is that 3 of my friends who had the H1B interview with the same set of documents and without licence, with other consular officers on same day, was stamped visa without a question on licence.

    Kindly advice me if there is any way I shall sucessfully appeal on 221(g) and get the H1B visa stamped. Thank you very much in advance and god bless you. With lots of regards,

    John
    Do you have an attorney. If yes then contact him if not then please contact me and we can discus your successful appeal.



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  • unitednations
    02-19 12:20 AM
    Since I am new to the boards; I don't know how much statistical analysis has been performed.

    Here is some good material or ways to get the point across.

    Following is hyperlink from OONET regarding stem positions.

    http://online.onetcenter.org/find/stem/title?t=1&g=Go

    Click on it and then pick a "on demand" profession and scroll to the bottom. At the bottom of each profession will have median salary; number of people doing the job in 2004 and projected need for the next 10 years.

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

    Following is an excerpt for accountants:

    Wages & Employment Trends
    National
    Median wages data collected from Accountants and Auditors.
    Employment data collected from Accountants and Auditors.

    Median wages (2004) $24.67 hourly, $51,310 annual
    Employment (2004) 1,176,000 employees
    Projected growth (2004-2014) Faster than average (21-35%)
    Projected need (2004-2014) 486,000 additional employees

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

    The IT jobs is broken down by manager, software engineer, programmer, etc., so a few numbers need to be added up.

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

    Go to americas job bank, careerbuilder, monster and type the in demand professions, ie., "software engineer". See how many postings there are. There will probably be duplicates between the different boards.

    See if careerbuilder, ajb, monster, etc., will give you statistics on how many of those positions were filled.

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

    Try to see if you can get prevailing wage determination for eb2 positions across the country. I know off hand that an eb2 IT position in Edision is over $90,000; new hamshire is anywhere from $89,000 to $113,000; Austin, TX is about $106,000; Virigina is close to $106,000 (generally if it is bachelors plus five years of experience; it is in six digits or close to six digits).

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

    The above will give a pretty good sense of the positions being sponsored; the salary levels, and the demand. Only thing missing is to correlate U.S. university graudates over the next 10 years and the gap between demand and supply of the skilled workers. Analysis has to be more facts then words and can't be too long winded.





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  • MYGC2008
    09-24 10:24 AM
    There won't be any spillover to EB3 unless EB2 ROW becomes current.

    Based on following link:

    http://www.uscis.gov/USCIS/New%20Structure/2nd%20Level%20%28Left%20Nav%20Parents%29/Green%20Card%20-%202nd%20Level/Pending%20Form%20I-485%20Reports.pdf

    28.6%/5 = 5.72% for EB3-India + Spillover from EB2 and EB1, not more than 10,000 of which to "Other Workers".
    28.6%/5 = 5.72% for EB2-India + spillover from EB1
    28.6%/5 = 5.72% for EB1-India + spillover from EB4 and EB5


    Each category is 28.6% WW Quota.

    WW Quota consists of 5 country specific sub-quotas 1)India 2)China 3) Mexico 4) Philipines 5)ROW.

    Based on page 1, I do math as under for Philippines categories.
    -------------------------------------------------------------------------------------

    1) Quota for EB4 -->7% x 140000/5=1960, Pending: 70 Quota to be spilled over to EB1= 1890
    2) Quota for EB5 --> 7% x 140000 / 5 = 1960, Pending: 0 Quota to be spilled over to EB1 = 1960
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1890 + EB5 spillover 1960 = 11858 - pending 74 = Total
    11784 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 11784 =19792, Pending: 510, So total 19282 VISA numbers will be spilled
    over to EB3.
    5) Quota for EB3 --> 5.72% x 140000 = 8008 + 19282 spill over =27290 - 11563 Pending = 15727 VISA extra.
    6) �Other Workers� � Pending: 264 TOTAL UNUSED VISAS = 15727-264 = 15463 UNUSED VISAS will go to the quota
    of other countries.


    Based on page 3, I do math as under for ROW categories.
    ------------------------------------------------------------------------------

    1) Quota for EB4 -->7% x 140000/5=1960, Pending: 1378 Quota to be spilled over to EB1= 582
    2) Quota for EB5 --> 7% x 140000 / 5 = 1960, Pending: 40 Quota to be spilled over to EB1 = 1920
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 582 + EB5 spillover 1920 = 10510 - pending 2477 = Total
    8033 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 8033 =16031, Pending: 7150, So total 8881 VISA numbers will be spilled
    over to EB3.
    5) Quota for EB3 --> 5.72% x 140000 = 8008 + 8881 spill over =16889. Pending: 62840 -16889 = 45951 applications will
    still be pending and pushed to year 2011.

    Based on page 4, I do math as under for China categories.
    -----------------------------------------------------------------------------------

    1) Quota For EB4 --> 7% x 140000 / 5 = 1960, Pending: 384 Quota to be spilled over to EB1 = 1576
    2) Quota For EB5 --> 7% x 140000 / 5 = 1960, Pending: 13 Quota to be spilled over to EB1 = 1947
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1576 + EB5 spillover 1947 = 11531 - pending 607 =
    Total 10924 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 10924 =18932, Pending: 19333, So total 401 applications will be pushed to
    year 2011 with pending approval.
    5) Quota for EB3 --> 5.72% x 140000 = 8008 + no spillover = 8008 � 6343 Pending = 1665 visas Extra.
    6) �Other Workers� � Pending: 30 TOTAL UNUSED VISAS = 1665-30 = 1635 UNUSED VISAS will go to the quota
    of other countries.

    Based on page 5, I do math as under for India categories.
    -----------------------------------------------------------------------------

    1) Quota for EB4 -->7% x 140000/5=1960, Pending: 123 Quota to be spilled over to EB1= 1960-123 = 1837
    2) Quota for EB5 --> 7% x 140000 / 5 = 1960, Pending: 13 Quota to be spilled over to EB1 = 1960-13 = 1947
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1837 + EB5 spillover 1947 = 11792 - pending 418 = Total
    11374 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 11374 =19382, Pending: 47728, So total 28346 applications will still be
    pending for year 2011.
    5) Quota for EB3 --> 5.72% x 140000 = 8008, no spill over. Pending: 62607 -8008 = 54599 applications will still be pending
    and pushed to year 2011.

    Based on page 6, I do math as under for Mexico categories.
    -----------------------------------------------------------------------------------

    1) Quota For EB4 --> 7% x 140000 / 5 = 1960, Pending: 62 Quota to be spilled over to EB1 = 1960-62=1898
    2) Quota For EB5 --> 7% x 140000 / 5 = 1960, Pending: 0 Quota to be spilled over to EB1 = 1960
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1898 + EB5 spillover 1960 = 11866 - pending 174 =
    Total 11692 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 11692 =19700, Pending: 211, So total 19489 applications will spill over to
    EB3 category.
    5) Quota for EB3 --> 5.72% x 140000 = 8008 + 19489 spillover = 27497 � 7878 Pending = 19619 visas Extra.
    6) �Other Workers� � Pending: 8415 TOTAL UNUSED VISAS = 19619-8415 = 11204 UNUSED VISAS will go to the quota
    of other countries.


    TOTAL UNUSED VISAS = 15463 + 1635 + 11204 = 28302.

    Assuming these unused visas from Philippines, China and Mexico will be used for India, ROW equally India will benefit additional 14151 VISAS this year. Assuming all of these go to EB2 India Pushed down figure for EB2-India for the year 2011 will be 28346 � 14151 = 14195 pending EB2-I applications ready to go to year 2011.



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  • engineer
    07-03 12:10 AM
    Here are media contacts:

    60m@cbsnews.com
    HDNet: Dan Rather reports
    mcuban@hd.net, wnelson@hd.net
    nytnews@nytimes.com,
    news-tips@nytimes.com,
    washington@nytimes.com
    AmericasNewsroom@foxnews.com ; satya.prakash@hindustantimes.com ; pmagazine@hindustantimes.com ; aditya.ghosh@hindustantimes.com ; Fatherjonathan@foxnews.com ;
    Drmanny@foxnews.com ;
    Lisonlaw2@foxnews.com ;
    YourComments@foxnews.com ;
    Beltway@foxnews.com ;
    Myword@foxnews.com ;
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    Bullsandbears@foxnews.com ;
    Cash@foxnews.com ;
    Cavuto@foxnews.com ;
    Fncimag@foxnews.com ;
    Forbes@foxnews.com ;
    Friends@foxnews.com ;
    Feedback@foxnews.com ;
    Jamie@foxnews.com ;
    Fncspecials@foxnews.com ;
    FNS@foxnews.com ;
    Newswatch@foxnews.com ;
    Foxreport@foxnews.com ;
    Atlarge@foxnews.com ;
    Heartland@foxnews.com ;
    JER@foxnews.com ;
    Lineup@foxnews.com ;
    Ontherecord@foxnews.com ;
    Oreilly@foxnews.com ;
    Redeye@foxnews.com ;
    Special@foxnews.com ;
    Studiob@foxnews.com ;
    Hemmer@foxnews.com ;
    Colonelscorner@foxnews.com ;
    Housecall@foxnews.com ;
    Hannity@foxnews.com ;
    Colmes@foxnews.com





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  • drirshad
    08-08 04:47 PM
    I am one of the July 2nd filer, EB2 India, PD is April 2005 filed 485 at NSC but got a receipt# starting with WAC. First I-485 receipt notice was send me with RD 07/02/2007. I again got the second I-485 transfer notice in September with RD 09/26/2007 saying my case has been transferred back to NSC office as they have jurisdiction over it.

    Called IO today says as my application receipt# starts with WAC it will processed by the CSC processing dates that is stuck at May 2006 rather than the NSC processing dates that is at 10th August 2007 making my 485 eligible for processing.

    Is this information from IO valid, what can be done to come out of this problems. Looks like there has been some TSC approvals for WAC receipts but no news on NSC.



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  • go_guy123
    06-11 04:20 AM
    At least Mr Oppenheimer has told the truth that it is curtains for EB2 and EB3 India and China and brought all the hopefuls to the ground . Passing CIR is a distant dream.

    Thank you Mr Oppenheimer ! At least you had the guys to spell out the bitter truth , so that we could plan accordingly and plan our return .

    Yes true. In fact people on EAD are going to be on EAD for a long long time.





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  • jchan
    05-29 03:18 PM
    Well, I think the discussion is about people playing by rules are getting pushed back by those exploiting loopholes.

    Some members were trying to say we should not fight fraud because the root cause is insufficient visa number (and country quota). While he was right about the root cause, that does not mean we can't do the two things at the same time.

    See what happened to H1B when USCIS acted seriously about fraud? Most of the fake 'employers' or those applying H1B only to rotate people in the US got the message and really thought twice before they file a case. Result: two months from 04/01, there are still 20k H1B quota left. And this didn't even need any legislative change.

    What if USCIS starts scrutinizing EB1 cases for multi national executives? In no time they will find 50% of employee from an Indian IT firm are executives. This is not hard -- by common sense a very very small portion of employee are executives.

    Someone said we would do the same if in their position. Well they didn't know some people do have a line of morality. I am from China. There are many ways to apply refugee being a Chinese -- one child policy, Fa Lun Gong, etc. Yet I refused to do that and most of my countrymen didn't.

    If you didn't have patience to read every word of my reply, what I wanted to say is, fighting fraud and advocating more visa numbers are not mutual exclusive. We do not have to unite those who get their Green Card by fraud, because our interest are not the same with theirs.


    Can not agree more.

    We get engaged in all kinds of discussions EB1 Vs EB2, EB-I Vs EB ROW. bulletin predictions...But we all skilled immigrants can not figure out how to unite and resolve the big issue of backlog. When one person suggests any initiative( flower campaign, call campaign, letter campaign etc.) more 20 people hammer him or her and spend their full energy in proving how suggested idea will not work. Next time the guy does not even think about suggesting anything. On top of that some will come up with their line" Have you contributed, If not then do that first".Our lack of unity will keep us here for a long time to come. In coming months and years, some people will lose interest, stop visiting this site and move on. Others will come to see if there is any POSITIVE news and some will still keep fighting over the issues of EB1 vs EB2 vs India vs China Vs ROW.

    Good Luck



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  • nuke
    01-13 02:27 PM
    I think IV should get a new law introduced which changes the surplus visa trickle down policy so that equal number or visas gets distributed between EB3 & EB2. This law will have maximum possibility of getting passed.





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  • mundada
    06-12 05:11 PM
    I hear you buddy but that is what America is and that is what makes America so great. The constant flow of immigrants will always require you to keep upgrading your skills and hence your salary.

    The moment you were forced to enroll in MBA in an effort to upgrade your skills and increase your salary means American model and (comparative advantage) economics are working.

    The same thing happened in agriculture, then manufacturing, and now IT and other industries. It is inevitable!

    By the way, it is not dumping. Here is the real definition of dumping, "the act of a manufacturer in one country exporting a product to another country at a price which is either below the price it charges in its home market or is below its costs of production".
    http://en.wikipedia.org/wiki/Dumping_(pricing_policy)

    For your information, I was, am and will most likely continue to be affected by the outsourcing/offshoring/onshoring/immigration/etc.



    I am simply stumped at the level of comprehension of the folks right here. Let me summarize my views as points and hopefully I will get through to you guys

    1. My mention of BITS was not to prove that I was the best and the brightest. It was to prove that my education was NOT subsidized by the govt of India directly or indirectly. Remember passing out of any university doesnt confer the title of the best and the brightest. Unseenguy - If you have kicked the ass of IITians, bitsians etc then consider yourselves genuine. Why this unnecessary trip down "Not confident about myself lane" ?

    2. My mention of MSFT was again not to prove that I am part of the best and rightest. It was to prove that I came here not with the value proposition of low costs but with the value proposition of hardwork and some talent. I did not compromise on my pay or did replace any native employee. Oh BTW I left MSFT in 2000

    3. My mention of the 3 layoffs and my journey was to inform you guys that whatever is happening now is similar to whatever happened in 2001. I wanted to calm down the nerves of the genuine people. Without reading and comprehending the posts, I get responses like that I was an illegal. Remember I was taken back in for 2 days, 485/AP/EAD applied and my jobless days were with my EAD in hand.

    4. One of the reasons, I am against outsourcing companies is that they dump low wage workers. If you guys are aware, every country, including India and US, has anti dumping laws to protect local industries. I am not against offshoring or outsourcing but I am against dumping. Some posters have questioned how I would be affected by all this if I were the among the best and the brightest ? Valid question to a good extent. If you realize that as you age your speed and dexterity at which one adopts newer skills start waning. How long do you think that upgrading skills in a single industry would be possible when you are going to be constantly competing with walmart style options ?

    For now I have chosen to enroll myself in an MBA program and I am hoping that my skills wouldn't be diluted. Think about going to school at age 35 with the responsibility of family and kid. This is my last ditch effort in upgrading my skills because it involves a substantial ownpayment. I am not sure about you guys but a 100K investment for school now is huge for me. The big question is, I am able to pull up my last bit of energy to upgrade now but will it be possible 5 years now if these outsourcing companies starting dumping low cost MBAs ? This is what I meant by my quality of life being impacted. If you guys think that you wouldnt go through the same scenario, then you need some serious retrospection.

    One last thing I would like to point out the inherent contradiction that the current prospective immigrants are facing today. GC is a process that is there to fill in the lack of skills in the US. However with unemployment running close to 10%, the question arises as to whether to train local populace for these skills. There are just 2 exits out of this contradiction

    1. Bring in low cost labor to fulfill this shortage and avoid local training costs
    2. Expand on a new idea. Green seems to be the buzzword today.

    In my opinion, option 1 is lose lose situation for all including the actual foreign employee who provides the services at a low cost. It is the outsourcing company for sure and probably the hiring company that may benefit. The society as a whole loses. Option 2 is an organic option but is laen with the dangers of delays in take off and boom and bust cycles. This is exactly the reason why I suggested that we cut these outsourcing cs from dumping bodies here. I hope I have clarified my opinions lucidly and hopefully look forward to a mature discussion as opposed to name calling, affronts etc.



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  • snathan
    01-15 06:17 PM
    Durbin/Grassley bill will check them also. But it will impact some good people also. We are opposing that because many of IV members may be impacted by that. Also most IV members feel that bill is conspiracy to eliminate h1b program. There is no easy solution for these issues. If they relax the rules fraud will increase and if they tighten it then some good persons also impacted. So the fight will go on forever. But economy will decide future of H1b and immigration. You cannot prevent restrictions if employment growth does not return to normal levels. But restrictions will not block H1b program but will bring best people in the world.
    Whether you like it or not...they cannot save the job by restricting the H1/L1B... simply the job will fly to offshore. First they need to fix the GC black hole� stop harassing people before they are enforcing the rules. Then no one needs to work for consultants





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  • saileshdude
    05-28 11:35 PM
    EB2 and EB3 will be in queue for sometime, fact being the latest fraud by Indian IT firms.

    Please read then post comments.

    I personally know 7 people who came to US in 2008 via Indian IT firm - designations [Sr Project managers or Program manager]....

    Applied for GC under EB1 and every one of them have a GC now....not to mention few MNC's based out in India have done the same...one of my friends who works for an US based consulting firm in Hyd is here in US on H1B [12 months] he has a GC.....EB1

    Before it was Labor Substitution cases that caused suffering everyone who is waiting in line for years. Now it is this fraud EB1 cases. I am planning to write to Ombudsman to bring this to the attention of USCIS to process EB1 cases from India with extreme scrutiny.
    Indian IT firms make designation as multinational executives where in actuality these people are just bunch of clowns. This needs to be controlled now before we have another year of misuse of EB1 cases. Is IV going to do something to make sure EB1 cases really get scrutinized and are given to only who really deserve it. I think thats one of the things IV should be pushing for.


    I am pretty sure Cognizant is one of the companies who is doing this.





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  • sachug22
    09-15 01:53 PM
    Jerome and scchug22, Would you mind kindly reconcile or revela source.


    My data is for all approved PERM case all countries in 2005 (so is incomplete).





    willwin
    07-29 09:48 AM
    And this exaggerated estimation of 108,000 includes those with PD between 6/2/06 and 7/31/07. Since the cut off date for EB2-I was Apr 2004 in the June 07 bulletin, most with PD must have already applied before July 1st.

    Forget the speculations, it looks like there are a few facts which are out in the open. Correct me if I'm wrong:

    1. Minimum of 15,000-20,000 EB visas are available.

    2. They have closed EB-3 quota.

    3. At least 20,000 if not more FB spill over is available and has not been applied to this year's count.

    If FB is factored in Sep quota (and if there are still 20K EB left) then there is a likely chance of EB3 ROW becoming available.





    samay
    08-07 12:27 PM
    Hi

    Is it ok to work part time (say 10 hrs a week) for a different company using EAD, while working for a primary company on H1B ?

    Thanks

    Yes.



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