Mike Tyson Tattoos

This country is against slavery of mankind in any form ( atleast that is what they preach to the rest of the world).

Your above statement is true, but it doesn't apply to EB situation. A slave is not allowed to leave, you are allowed to leave time, at your free will. Its just that you chose not to leave. The correct description of the situation is - you are imposing slavery upon yourself and asking for remedy from the government. Isn't that correct? Jazzy is simply saying that you can leave if you don't like it. So you are not a slave. Its that simple.

Knowingly or unknowingly they have setup laws which virtually make us slaves.

Laws are pretty clear, its just that we are stuck in the process created by those laws and we want to call it "slavery".

This debate will have a conclusive output if we think from our mind instead from our heart. No point in getting emotional about the situation, this debate needs pragmatic thinking and discussion about the possible lawsuit.

Slavery is not a valid argument so no point in mentioning it. Also, whether of not we have a cause depends on the law and not on the logic or the emotional aspect of the debate.

also sent it to the drudge report...if he picks it up other talk show hots will pick it up too.

This is great!!!

All my Indian friends who were fighting with me over the (1 or 2) unused EB-2 visas from ROW, well, you can have them my friends. I ain't getting any of them anyway.

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.

Lot of Amway guys are hiding among us.

There are lot of Amway guys on this thread making fun of Amway because they fear being ridiculed. But in their real lives they are actually doing Amway business and catching other desis in Walmarts.

This explains why I got so many reds and bad comments after starting this thread.

here you go..this dude is back ranting again..

Hi,

I have an approved H1B petition, but was given 221(g) during consular interview due to lack of license to practice my proffession in US. They instructed me to submit the license within one year to stamp the H1B visa.

Now I am comming to US on a Visitors visa to write the licensing exam and to get licenced.

I am aware of the possibility of changing status from Visitors visa to H1B after getting licence without leaving US, since I already have an approved H1B.
But I came to know that USCIS will take around 90 days to approve status change from Visitors visa to H1B.

Kindly clarify whether I can start working for my H1B employer immediately after filing status change with USCIS, or do I need to wait till the approval, to start working.

Also do I need to include 221(g) I received after my H1B consulate interveiw for the status change application.

Thank you very much in advance...

You cannot start working till you get your H-1 B stamped. I think you misunderstood what the consular officer said to you. Please see a good attorney before you start working or contact me.

And does this mean that this law will definitely change, or is it still possible that vested interests may still keep substition alive?


I want to know this too... What's the rough estimate, how long will it take before this will be come LAW?

thanks,

Originally Posted by vinzen
sorry, I love preaching.

by the way I was referring to "the guy who thinks americans think he is a slumdog...." not you or everyone. But then again you think that I think that you lead a life lower than average. If you think you agreed with me, instead of calling it obvious being defensive and, just agree with me. OK? And get that chip off your shoulder as well.

well i think we have solved all our immigration issues, i waish if we all concetrate our efforts on solving our issue, if we all try we have chances of succeeding ...if am surprised that we all are stuck in backlog and only 2-3 % take participate in real issues...not sure what is rest of us waiting for?

I am sure both the ids are same person...:D

You will be considered as anti immigrant if you support any of restriction to H1b or Grassley Bill even if the they are good. Even recapture is passed that will not resolve the problem unless the numbers are huge.Recapture bill will give only limited releif for limited time. If we want all of the problems of High skilled immigration system needs almost unlimited GC numbers and also huge expansion of H1b. That will be nearly impossible for atleast next 5 years or more.
If anyone is having good skills they will escape whatever the restriction they put for H1b. More restriction bad apples will be filtered. If H1b number goes down by restriction waiting time for GC will go down. Most persons will get GC within 2 to 4 years time at the same time best and bright will come here.

So you are indirectly saying, you got GC because you are best and brightest?

http://www.foreignlaborcert.doleta.gov/pdf/fraud_faqs_07-13-07.pdf


Specifically this provision applies to Cognizant

Willful provision or assistance in the provision of false or inaccurate information for an application for labor certification;

Yeah but EB1 does not even need labor certification. So you can't apply the willful misrepresentation. What we can apply willful misrepresentation is in the 140. Also since EB1 is current , these guys also apply 485 at the same time and get EAD and AP.

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.

DOS (or any government agency for that matter) cannot interpert the law differently for each year. One law and one interpretation. It can't follow the different set of rules when implementing the law each year. Initally, INA was designed to follow vertical spill over (diversity was important than preference catagory). But, AC21 law ameneded the INA to force the DOS to implement horizontal spill over (preference catagory is important than diversity). However, DOS was still follwing verical spill over evenafter the AC21 act till 2006. If DOS followd the law correctly, EB2-I and Ch would have never been retrogressed since 2005. Lucky for DOS, no one has challanged the DOS. Now they realized the mistake and follow the law correctly. They follw this till if congress changes the law.

Yes, horizontal spill-over gives preference to EB Category. But the vertical spillover didnt promote diversity. It just ensured that the applicant with the oldest PD was allotted the first available spill-over visa number irrespective of his EB category or country of origin. This just ensured that someone doesnt wait too long. as you know, most of the vertical spillovers were consumed by EB3-India and china. Then, how can it promote diversity.

to make it simple, here is my understanding

Vertical spill over --> PD precedes EB category and Country of Origin
Horizontal spill over --> EB Category precedes PD and country of origin.

Thanks,
gcisadawg

Very well written...

The criticisms of this website are LAUGHABLE. The Economist's quality of life index has rated Canada and Australia the top countries on earth to live in, overwhelming, year after year after year after year!

Vancouver, Calgary, Toronto, Melbourne, Sydney and Perth consistently dominate the top 10 cities in the world to live. 6 of th top 10?

The index takes into account, cost of living, earnings capacity, safety, etc.

Canada probably has one of the most rosey futures on earth. It has an abundance of resources, a tiny population and ironically, global warming is adding to its opportunities.

Cost of living is actually far below that in places like NY and California.

Health care, while not top notch, provides better care to more people than is likely to be found in places like the US. PARTICULARLY for people that are older and more likely to need it.

Education is infinitely better. US Public schools are atrocious.

Yes, taxes are higher. How do you think these things are paid for?

As for the weather, well duh! :)

Anyway, both countries have advantages. I love the U.S. and that's why I'm here. But don't let an inarticulate and unfounded set of ridiculous statements turn you off. do you own research!

How many of you think theres a Possibility of Current for EB2 India in either of the Jul/Aug/Sep 2009 bulletins, just like a more than 2 years jump in Aug 2008 bulletin.

I know that, I was part of it. Lawsuit will require more than that amount if it gets protracted. Keeping the money angle apart, how many are ready to put their names on the plaintiff list?

We (MI chapter) tried to get two members who were impacted to participate in a lawsuit filed by another organization. It was free for them, they didn't have to pay a dime. Guess what, both of them bailed out at the last moment.

I'm not discouraging anyone here. Someone please conduct a poll on contribution pledges, and active participation. Then we will get an approximate understanding of how much we can raise, and how many are willing to have their name on the the lawsuit.

Show me the money!


But we also have members making $30K fundraising effort successful in 7 days! Hence I believe if the IV core decides to explore the possibility of a lawsuit, we can raise enough money to hire an attorney for that.

in a nutshell:

an end to retrogression for all
increased GC quota
it does remain though, one of our goals in the package because we believe it is fundamentally unfair and should not be apart of a skilled immigration program.

why is this so hard for ppl to understand!

Gave you green for making me laugh. I am adding step 8.

8. When they ask you what you do in your free time tell them you watch porn and ma***te :eek:
:D:D:p:D Very funny. I just love this thread. For a moment we can forget about the stupid GC fiasco.

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.

Dear Immigration Attorney,

Can I out of US with old AP and returned with new (renewed) AP?

You don't need to show the AP at the time you leave the country.

this article says and I quote:
"Mr. Oppenheim stated that immigrant visa applications at U.S. consulates abroad are down seven percent from FY2008. India will use all the visa numbers that are available to its nationals this fiscal year. This is due, in part, to huge increases in the usage of EB4 and EB5 categories. Applicants from India have used twice the number of visas estimated for FY2009"
now the only category indians could have used up more numbers is EB1, as that is the only category which is current. and this means that india's normal share about 9600 per year, so an extra 9600 EB1 were issued to india, which sounds improbable. this also contradicts what is said in the next paragraph about EB1 usage.
"Mr. Oppenheim expects that all EB1 visa numbers will be used before the end of FY2009. This may result in the establishment of a cutoff date for the EB1 categories for India and China, beginning in August or September 2009. Usage in the EB1 worldwide category (listed as "all chargeability areas except those listed") is also higher than expected. This may lead to imposition of a cutoff date toward the end of FY2009"
it can not have gone to EB2 because as Mr. Oppenheimer puts it
"The EB2 category worldwide is also expected to be over-subscribed and will exhaust all allocated visa numbers before the end of FY2009. To date, Mr. Oppenheim estimates that 3,200 EB2 India visa numbers have been used in FY2009. The high usage in the EB1 category has prevented the usual trickle of visas to the EB2 category"
so i dont know what he is trying to say when india has used twice the limit in 2009..i would really appreciate any input.
ALso can somebody please explain this sentence as well
"He stated that, due to the dramatic increase in employment-based filings visa cutoff dates for FY2010 will be much more limited to ensure that there will be a steady supply of visa numbers available throughout the year"
However a later report from USCIS says there is a drastic reductionin I 140 apps,
also just today AILA released that DOL is processing JULY 2008 PERM cases, so where is this demand by increased filings that Mr. Oppenheimer talking about coming from.
I am totally confused. senior members please analyze

But they don't know how many of these could be approved by end of this fiscal year and they don't want to loose visas as they have in past.
This is the reason they made all date current.
I also think that the main (= only) reason for dates becoming become current is that USCIS did not want to loose GCs as last year. This is a simple way of avoiding the waste.

A reason for the timing is the release time of the ombudsman report. No one would know about wasted GSs without ombudsman report.