Mike Tyson Tattoos

The debate is interesting for a couple of reasons. First, it demonstrates that the EB system is very complex and any change causes ripple effects throughout the entire system. Second, we cannot talk to elected representatives about the immigration system if we do not have a complete understanding of it. We have to go into discussions with the idea that we have made a complete assessment of the impact of our proposals, that we recognize the issues and risks involved in each proposal.

The 485 filing without a current priority date is a really good example of the kind of debate that should be happening here. It would be nice if we could provide interim benefits to people who have been waiting for a long time to get a green card. Allowing anybody with an approved labour certification to immediately file for their 485 is clearly a bad idea given the constraints of the system as outlined by unitednations. We could make a change in our proposal so that only people with, say, a five year old priority date and an approved 140 could file for their 485 without a current priority date.

This is one of the most constructive threads that I have followed on IV over the past few months - good job all round.

oguinan


It is an important topic.

Reason is:

2005 and prior; certain countries went over their limit. If they hadn't gone over their limit then EB3 would not have gone unavailable. If EB3 would not have gone unavailable then EB3 ROW would have much more advanced dates. Countries cannot go over their 7% limit now until ROW eb3 essentially gets current. If they had done it in the past then maybe eb3 row would be current and the other countries can go over their 7% limit and their dates would also have advanced. Due to what happened in 2005 the dates are further back for everyone then they should have been.

How it is working and how it is supposed to work is important in people making their decisions; ie., should i file in eb2 or eb3?

What is impact by eliminating the 7% limit

What would happen if there is 485 filing without priority date being current and there is a hard cap of 7%. There would never, ever be unused visas for china, india. They would have never ending retrogression.

For people who constantly watch visa bulletin; the dates won't move forward until fourth quarter when eb1 and eb2 visas get spilled over.; so no sense in waiting for it so eagerly.

I completely agree with you.

Few of the most trusted allies for India in the region are Tamils from Sri Lanka and Baluch people from Pakistan but this present UPA govt ditched both of them.

As a Tamil, I too carry the Indian passport with shame and can't wait to see the day when I become a US citizen.
US citizenship looks too far for you, sail to your beloved place and make sure you throw your passport on your way.

breddy2000,

You see YSR is in high point, as for you corruption, blood politics, mafia by him are no big deal and normal. What should I say? You are better fit to immigrate to Somalia, Afghanistan or Colombia.

Every one does that, is that a reason. You claim that you are not a supporter of any one. If that is the case then give due credit where required and criticize and condemn when it’s appropriate.

As posted by abracadabra102 YSR exactly fits for "No better friend, No worse enemy" and in due course he amassed illegal wealth, corruption and killings.

His death is the reason this thread is here, living or dead facts are facts and yes Good Riddance that he is no more.

Yes, will do whatever I can, humbly. In fact it is India’s citizens that are forcing these politicians to implement effective policy not the other way where people are living and enjoying an effective system.

The H1b rules and Cap are framed based on the principle that foreigners will be allowed only when there are no avialblity of skilled persons for that job. That is the reason For LCA and salary requirements. You can very well google that why H1b visa was created on 1991. Everyone in congress and also american public expects that American jobs should not be replaced by foreigners. But when there is no clear cut job position there could be foreigner could be hired just because he quotes 10 dollar less than American but same skills.
But still we can lobby for change of law to get some grace period of 2 or 3 months when a persons job lost or H1b is cancelled. But it is a bad idea to justify bench without pay for H1b. But still USCIS was sympathtic towards most people and most H1bs got green card though they were in bench. One of my relative forgot to renew H1b for more than an year but otherwise perfect. They accepted and applied for extension explaining the situation and got extension. If they would followed the law she would have got 10 year Ban. But I am not expecting any sympathy from USCIS for anyone who violated law or regulation knowlingly.

Is H-1B working at a gas station a bad apple? Yes.

Non-Indian staffing company keeps $150/hr, 25 years back. Is this a bad apple? How much can a staffing company keep? Why? Who decides it? Has Hilda L. Solis decided it for for US workers? Why should Janet Napolitano decide it for H-1B?

Contractor salary and benefits come from his/her billing only. Most US workers are not paid on bench/benefits. Why should H-1B be paid on bench/benefits? Contractor can be paid on bench/benefits only by spreading the billing over bench/benefits (thereby reducing paycheck). Why is this a good apple?

I just got to this site via from immigration portal.
I have been reading a lot in the other forum and here about the ways to cure retrogression. Lobbying for more Visa's and other things that were part of the S.1932 bill are fine, however these things are not going to solve the retrogression problem even if such a bill gets passed.

No one seems to be talking about the real problem that is Labor Substitution. Abolishing Labor Substitution will itself take care of every retrogression problem.

The INS does not have the right tools to police the misue of this rule. This is resutling in a lot of problems for even those employees whose Labor's get substituted even if they are still working in the same company.

Any effort to reform immigration should start with first reforming the Labor Substitution rule (if not completely abolish).
I know that all the companies/employers and the lawyers community are against removing the Labor substitution, therefore it will never be removed, but atleast it should be reformed so that it can be better policed so that no one is able to misuse it and play with peoples lives. And in turn add to retregression.

Following reforms are needed in Labor Substitution.

- First thing in the Labor Substitution reform is related to the Priority date. The Priority Date for a substituted Labor should the date when the Labor is substituted (or the I-140 filing date). It should not be be the date when the Labor was originally filed. This in itself will solve 90% of the problems related to retrogression.

- When a Labor is substituted it should be verified immediately to find if there is any I-140 or I-485 that is pending based on this Labor. If so then the Labor should be rejected immediately. Currently this is not done at the time the Labor is substituted, therefore the resulting 485 filing just amounts to add up into the backlog of Visa Number requirement, until the priority date becomes current for this 485.

- If an employee invokes the AC21 then that Labor should not be allowed to be substituted.

- There should be a limit to the time until which a Labor can be substituted. This could be debatable and could have other consequences, as the INS could invalidate any GC application that is been pending for more than the this duration.

In short the Labour substitution rule is in a mess and is getting miused a lot. People are getting fooled by the employers, and ultimately its making the retrogression more worse.

neocor

I applied for a labor substitution in 2003. The old labor had a master degree given out in may of 1999 and I had mine in august of 1999. I went and applied for it but the substitution was rejected after about 2 years. I wasted more than 5K and about 2 years. It is too much of a risk but give it a shot if it worth the risk for you

A good site dedicated to class actions
http://www.classactionlitigation.com

These are particularly interesting:

http://www.classactionlitigation.com/fcapmanual/chapter2.html

http://www.classactionlitigation.com/faq.html#q7

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.

How about rajinikanth, vijaykanth, kamalhasan..........

Amitab bachan, hrithick, shah rukh..............

If Imran khan has come in to politics why not Azharuddin ?

We can keep guessing but you know who is the right guy ,

Abdul kalaam (can a president become a prime minister too again or something will limit him not to).

Or deport bobby jindal there and make him india PM so that he can release statements about US from there :D:D:D

If vijayakanth becomes PM...we dont have to worry about pak terror any more.
By talk itself this guy will kill every one...

By the way I also nominate T.Rajendar...

Why would only we suffer.

I agree with you EB2ROW might have not got 20K visa in the past. That may be because economy was good, lot of EB1 apps, spillover not done properly etc.

But Why not this year? economy is still not good, less EB1 apps and probably USCIS might do the right spillover. It is only hope.

I don't think in any year EB2ROW has got 40K GC in the past, even when the economy was in good shape.

Does anyone has links for the annual GC issuance per country/per category for 2008. I missed the link.

The worst case scenario would be 20,000 max. That means EB2(I) will move to Mid or3 rd quarter of 2006 by end of 2010.

Very sad to hear about this.

I don't know what else to say. I am sorry to hear that this happened.

I'm sorry, I haven't monitored the web-site since my last posting.

Today reality hit me very hard. I am in my late thirties and I haven't had much adversity in my life regarding financial, career, family, etc.

However; today reality really hit me hard.

One gentlemen, his name was Raja Pitchai. He had asked me to help him file his I-140 and ask for cross chargeability to his wife's place of birth (singapore). USCIS accepted his package and his 140 got approved in a couple of months. (his priority date; india became available one month later anyways (he was from india eb2).

He was the one of the nicest guys I have talked to. Very courteous fellow.

They couldn't approve his case because he was stuck in name check. Well, his wife called me today and told me that he passed away last week (brain tumor). He had two U.S. citizen children but him and his wife have no relatives here.

She doesn't seem to be interested to stay here (she wouldn't be able to keep the greencard process going anyways because the death of the petitioner is automatic denial). She is leaving USA and was going through all the things she needs to wind up. I don't know if she would have stayed here if she got the greencard and I didn't want to task. Reality really him home today.

I need a couple of days to get over this.

This whole thread is speculation, your basic assumption itself is wrong. The horizonal spill over is not a permanent policy or trend which will be practised. You should read the INA law clearly. But if this speculation makes you happy, enjoy! :)

It is a "permanent" policy. There was no change in the law. USCIS was interpreting the law incorrectly. Now they have corrected themselves with the congressional input. This will not change.

There could of course be a new law and then things might change.

Quota means a guaranteed number of visa for a country. For example if there is a 3% quota for monorities in college admissions, it guarentees 3% will go to minorities. There is no such quota for green card; only maximum limit a country can use. Even with this limit India captures more visas then any of the ROW countries.


Getting rid of quotas will help. We will not be in a situation where
- EB2 is current for ROW and unavailable for India.
- EB3 is in year 2005 for ROW and stuck in 2001 for India

Adding more visas is a legislative process. Applying per country quota is as
per DOL�s discretion.

Thanks Gopi for such a sane post, I second what you said below , a person has to be ready mentally to be approached for any business and if they are not ready then the same conversation which they might find helpful at the time when he is mentally ready would look like as a harassment when they are not mentally ready.

and that is what BWW is not doing, beside all what you said i also believe they lie to you a lot as it happened with me on several occasions, they would lie about the credentials aof theirs and theirs upline because they think people are more open to hear from persons who are more successful and thats why they lie about education and job etc..

One of the Diamonds came to my house last year and he projected that he is going to be my best friend even though i said Yes or NO.

He came to my house several times,he would call me everyday and ask me about life in general and all the while behaved as one of my best friend/brother and he disappeared with no phone call at all as soon as i said NO to my upline.

And i believe these all practices of theirs is whats turning people off.


Jayleno - me thinking sane is the reason you didn't hear from me in any malls/WM :) but I was a minority in BWW who believes in waiting till you find like minded people who are looking. cold contacting is just going against human instincts. you can't simply talk to a person about something to get his phone number and call them about this business next day. that is a reg flag right there. i couldn't do it and hence not with this business anymore. many of us are not ready to think about making millions in few short years. some people need to understand that you can't rub that idea with force on another human being.

in BWW terms, i was a quitter who can't take the business to the next level because I was afraid of rejection (getting a NO from prospects)..

Spillover is usually USCIS inefficiency to allocate them. The law says USCIS can leave some visa unassigned but cannot over assign even a single visa for a year.

This UNUSED VISAS OF FAMILY BASED are not due to the inefficiency of USCIS but because of the 7% limit for each country and 2% for dependent areas of family based visas.

Try detaining any of their top Hollywood Heroes at an Indian airport for 2 hours and see how USA media and people will react to it.

You people have no respect for your own motherland and always think everything American is good than your own country. Learn to stand up for your motherland. Just because you want your greencard does not mean you forget your roots. Anti-Immigrants (read racists) of this country will still call you slumdogs even if you are a citizen of this country. But your own country people will never forget you and will accept you as their own even if you have lived here for 50 years.

Learn to love your motherland.

Excellent reply.

The original post is fine only in parts but most of it is totally crap. He says his living standard has gone down because of L1s and H1bs and herds people coming from india, Dude you need to understand that this recession has not been caused by H1b and L1s or other IT workers coming to US, its because of the real estate boom and foolishness of american people who believed that real estate prices will keep on rising to INFINITY.. i don't have to explain how this recession started i hope majority of the people knows about it.. so stop blaming IT workforce for your living standard.. another example.. just seen what happened to GM and chrysler.. they failed to understand the market for small cars and fuel efficient cars.. instead they produced gas guzzlers like hummers.. so do you think they have the brightest minds. We are in this deep shit because of the situations created by americans for themselves and now they want to blame it on legal immigrants for there wrong decisions..

I believe in destiny or lucky whatever they call it.. its not always that brightest get their GC. I wished i was that bright and intelligent person to predict July 07 fiasco but unfortunately i quit my company in Mar 07.. and i know some people who used subsititued labor in July 07 have their EADs with them. Don't think just by getting a GC or citizenship will certify that your the brightest of all still waiting in the GC queue. I am not sure how many people believe in luck... but i do. I don't matter how bright you are and how hard you work you need some luck also..

Thanks

Amen to that.

I think we can make some very credible and good arguments for ourselves.

a) The changing demographics require an increased level of immigration. It is upto this country to decide if it wants semi-skilled immigrants (Indian cooks and gardeners) and their siblings/parents, or high-skilled immigrants.

b) It is not really the smartest thing in the world to bring people here from foreign lands, let them work here in high-tech fields, and then send them back after 6-10 years so that they can compete against Americans from OUTSIDE America.

c) A lot of EB-based immigrants have been to American colleges and have graduate degrees. Again, see (b) above. Not the brightest idea to have this American-educated and trained high-skilled manpower forced to go back to India and China, the two main US competitors.
Atleast, not if you are America.

Bottomline is this. If there have been abuses of the system, and any system will be abused, then those need to be fixed. If there are loopholes, they need to be plugged (and people will come up with more loopholes.) But the USCIS should not throw the baby out with the bath water. Either this country values high-skilled immigrants, or it doesn't. The high-skilled immigrants need to know this, so that they can make decisions in their life. The incompetence of USCIS can't be the instrument of public policy making.


I like it.

The original post is fine only in parts but most of it is totally crap. He says his living standard has gone down because of L1s and H1bs and herds people coming from india, Dude you need to understand that this recession has not been caused by H1b and L1s or other IT workers coming to US, its because of the real estate boom and foolishness of american people who believed that real estate prices will keep on rising to INFINITY.. i don't have to explain how this recession started i hope majority of the people knows about it.. so stop blaming IT workforce for your living standard.. another example.. just seen what happened to GM and chrysler.. they failed to understand the market for small cars and fuel efficient cars.. instead they produced gas guzzlers like hummers.. so do you think they have the brightest minds. We are in this deep shit because of the situations created by americans for themselves and now they want to blame it on legal immigrants for there wrong decisions..

I believe in destiny or lucky whatever they call it.. its not always that brightest get their GC. I wished i was that bright and intelligent person to predict July 07 fiasco but unfortunately i quit my company in Mar 07.. and i know some people who used subsititued labor in July 07 have their EADs with them. Don't think just by getting a GC or citizenship will certify that your the brightest of all still waiting in the GC queue. I am not sure how many people believe in luck... but i do. I don't matter how bright you are and how hard you work you need some luck also..

Thanks

Amen to that.

So that interprets to "7% limit for every country" - seems to be "Equality"
Equal yes but also separate and that did not work very well in the past, did it?

What if you have no profile. I mean if somebody is not even in GC line, he/she can't even post in these forums? What kind of lunatic logic is that?

Please put a profile.