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Totally Agree with your assumptions, there are few more that can be added like

Some 3-5% people with PD 2005 - 2006 are already approved (as low hanging fruits) during 2008 Aug-Oct period.

Also recent span of RFE's by USCIS (for preadjudication) resulted in flushing out of some applications

In short pending EB2 numbers that you are taking into account will be 10 to 20% less and available visa numbers from spill overs will be 20 to 30% more than what you projects. So forward movement will surely be there.

However there is a doubt related to spill overs every quarter !!
Allocations are surely made on quarter to quarter basis but there is no certain precedence in the past for spill overs, well i would say the past has been shady

I recall once VB where EB2 I was giving numbers from EB1 and this was before the last quarter (happened in FY 2008). We have to wait till Dec, 2009 Bulletin.




The analysis is very optimistic and does not account for

Duplicates (multiple I-485 for same person)
Discarded Labor (many people just discard the perm since they switch jobs or did not want to do GC)
Upgrades (people had EB2 perm but got GC in EB1 category)
Cross-chargeability (with spouse of PERM hold birth from non retrogressed country)


If they all makeup to 10-20% of applicants then the PD will move much faster.

Nixstor,

Thanks for the brilliant idea, but I have a question about the draft. Is it really necessary to mention that 20% downpayment clause in there? I am a non-IT (manufacturing) EB3 applicant making half the salary you mentioned in the draft, and I bought a house with a 3% downpayment on a FHA loan. However, I have an excellent credit and I don't foresee myself in a foreclosure situation in the near future. I dont know if there are many GC applicant with my profile, but aren't we helping the housing market by buying a house?

Anyway, I will support every initiative that has the remotest possibility to remove one person in line ahead of me.

No country in the world will give you credit for pension contributions you've made in another country. If you haven't earned enough credits to draw from SS in the US when you retire, then you get nothing. Period.

Remember, the SS tax is a tax, not an etitlement. "Paying in" guarantees nothing. By the time you retire, the fiscal health of the SS system may be so drastically different (in part dealing with all the baby boomers) that you really shouldn't count on it even being available in any way that makes a difference in your life.

Lazycis, Some year back Rajiv did file class action lawsuit. It costed him 1/4 millions + dollars of efforts.

1/4 of a million is not millions. That's why I am suggesting to consult Rajiv first and make a decision based on his feedback. I think we all agree that initial consultation won't break the bank. I based my estimates on EAJA awards. We need to be aware though that we won't be able to recoup the cost of class action because it usually ends up with settlement.

Emotional Bravado Talk is a poor substitute to calm ruthless analysis approach.

Why don't you sue DMV or Michigan congress (if possible).


If the supporters of lawsuit are really enraged as they claim to be then there next post will be detailing their conversations with Rajiv Khanna, hopefully making a case for a lawsuit. They will have to put the down payment of ~600 dollars.

Until then this lawsuit loose talk will remain just that , loose talk . Fit to be dismissed.

Lets see how this goes - so many people voting for the lawsuit. Those who vote, MUST provide valid reachable email ids and phone numbers and MUST provide valid names.

Those who vote yes, MUST engage in active discussion to move ahead. A good way to begin would be to consult an Attorney, so the discussion should move towards that side.

Identify leaders who will lead this effort and form a mailing list and everyone who voted can join the mailing list and discuss.

Lets see how the discussions move.

Can we walk the talk?

Not just limited to Cognizant and some Big 3s(or 2s now).
Please do not dismiss this as a tunnel vision, its a reality that will develop into a panoramic scam. I know of a guy in India who is sowing seeds of multi-national manager with a Staffing firm(Desi consulting Co) just for this purpose. Worst he has an individual contributor job with some other company that is in collusion with the staffing firm here to prove he works for the company here( I am guessing as a consultant and taxation with a ghost company of US based company in India). I could not get him to spill the beans on how this whole thing is working but he is confident and has sunk a lot of money into it. Strangely, he was disappointed when I told him even with L1A/EB1 it could take 18 to 24 months. Talk about feeling entitled.

Mind you lot of these guys have registered companies in India already to fish for H1 applicants. We close our eyes on this one, it will break the levees and flood the EB immigration. SO never be coy in dismissing this travesty and mother of all scams that is going to follow.

I agree. These so called extraordinary EB1 clowns need to get a taste of waiting and suffering period that many others here. I have no problem with a qualified EB1 candidate getting it but EB1 are for extraordinary ability people who really deserve it.

IT project managers are not the deserving candidate.

If congress would have done it's job properly 60 years back, there was no need of nuclear deal now. The comment you made makes it pretty sure that congress was a failure since last 6 decades. The benefits of current nuclear deal will be in next 2 decades. So what poor people of India eat in next two decades? Will you tell them that don't worry...hang on for next 20 years. Also do you know the case of Enron and how politicians of all colors made fool of people.

Again...I am not supporting congress. Yes, we didnt have anything for the last 60 years. Because of MMS we are going to see something in another 20 years. Is there anything you can give me Mr.Advani's vision about it. Even after fifty years.

Whether we like it or not....nothing is going to change for the common man. Advani, Jaya, Karuna, Maya and mulayam all are same shit but different a$$ h&^e.

I am supporting MMS because he is not a politician. Chose the less evil. nothing else.

One truth: Indian employers mistreat their employees. But this is
You have a choice: Don't join them. It doesn't require a USCIS memo.
USCIS and scumbags (Hira, Matloff, ...) have absolutely no interest in the welfare of these affected H-1Bs. Their motivation is 100% sadistic.

>>> Sure so tell the truth to USCIS and tell them that we join them knowing very well what they do but you have no problem with that and hence USCIS should not bother us. What is issue here then ?

We believe we are targetted unfairly and we are looking what can be done legally. If you are not interested, please ignore this thread or gladly go back to india. DONT DEVIATE FROM TEH SUBJECT. No one is looking here for your advise....please dont bother to ignore us and waste our time. No one is stopping you to go India Please get lost.:mad:

Can they stoop to such level?

I think they do. But again, it is my opinion. I have very bad opinion of these folks, because of my experience as a former IBO (15 days only) and a victim of torture by other IBOs.

Still Desi companies are not following Labor laws.
I know a company in OHIO still exploiting H1Bs......but payroll being generated....


Hmmmmmm......USCIS this is not enough.

If you know a company report it to USCIS directly or post the details here, we will report them to USCIS. By posting this kind of annonymous, baseless complaints in forums, you are making genuine H1s look like bad.

Everywhere there are bad elements. History showed that there were corrupt senators/congress man. So do we have to penalize every senator and congressman? Should we shut the doors of the legislative assemblies and stop the elections?

People choose to work for consulting company, because no law said it is illegal. People choose to work in consulting, because we can meet different people and learn different verticals. And in IT, consulting is the main business model. Even if the application is developed in-house, the department that uses the software is called internal customer. If we can work for internal customer legally, whats wrong in working for external customer.

No business can evolve without customers. If IT consulting has grown up to this level, that means businesses welcomed consulting.

Why do you have to resort to calling names ? Are ad hominem arguments the best you could come up with ? Let me give you an analogous case wherein people say that a recession is a good thing. Recession occurs in order to cleanse the economy of bohemian excesses and inefficiencies. Do you think that such people are sadists and belong to the mental asylum ? Of course there are people who get affected in a recession. Does it mean it is not desired ? In a similar vein, you need to understand that there were and are huge gaping inefficiencies in the current immigration process. There has to be a way to curb these excesses and inefficiencies. Retrogression may not be the best way but it is the only way utilized right now. If you still believe that I have to subscribe to these inefficiencies despite having gone through the immigration process, I am sorry I beg to differ.

This attitude was the reason, it took India a lot of time to get freedom from British. Then lot many nobel indians thought British invasion was good for India..

Not sure what you are talking about. There are two rules as follows

28.6% EB visas for each category EB1/EB2/EB3 and 7.1% for EB4/EB5

Ans: These numbers are meant for "Assigning Visa numbers to applications" BUT " not to grant Visa / approve 485 / Order Physical Green card"

7% limit for each country in EB category (India will get 9800 visa in all EB1-5 categories)
+ 2% dependent limit for each country in EB category


Ans: These numbers are meant for "grant Visa / approve 485 / Order Physical Green card" BUT " not to Assign Visa numbers to applications"

To enforce the limit each EB subcategory (EB1/EB2/EB3/EB4/EB5) enforces country cap, no more than 2822 visa for India in EB1/EB2/EB3 categories.

Ans: this concept 0.07X 0.286 - It is a false concept.
The limit can be extended when there are leftover visas (this is what has extended the limit for EB1/EB2/EB3 India for last few years).

/\ my answers

start from the bottom as that was the first e-mail. I took off identifying information and financial info. for obvious purposes:

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

Dear xxxx

Thank you very much for your quick reply. I talked to the family and advised them that the best way to proceed is you the doing the ability to pay part. They are talking to some people to get the money together. I will call them back after 4PM. Can we pay by debit card, or check or money order? Time is of the essence because of the B2 expiration on 2/11/07. I have the labor certification, (the one I printed off the website, we did not get the signed one from them yet, but it is the same). I have the 2005 tax return. I need to get the bank statements. Can I fax those to you? I also have something like a financial statement for 2006. If the numbers don't add up, you can still help us?

Thank you so much for helping us. I know you are very busy.


xxxx

xxxxwrote:
Most CPA�s don�t do audited financial statements. Reason is that there is a lot of things from a regulatory point of view that CPA�s have to keep up with in order to do audits. For this reason, most cpa�s won�t do them.

An audit is a big thing; it is not a small thing. I wouldn�t consider this as an option for you.

If you want me to do the ability to pay part then it will cost $xxxx.

I will need: Copy of labor certification, 2005 federal tax returns of company. Bank statements of company for October, November and December 2006. If the numbers aren�t the way they need to be then there are still remedies.

xxxx


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

From: xxx
Sent: Sunday, January 07, 2007 12:34 PM
To: xxx
Subject: RE:

Dear xxxxx

First of all, thank you very much for your help. It is really appreciated. I have been researching this subject and was not able to find anything valuable until I found your name. It is really great that you are helping these people.
I know your time is very valuable but I forgot to ask you whether or not we have to get the 2006 December bank statement certified or just send the original? If the CPA is not able to do audited financial statement for 2006 (which I doubt) are you available to do it? If we do that do we still need to send 2005 tax return? (Labor was filed on 12/26/06 and certified on 1/4/2007. )
You are the only one who can help us with this questions. I know you are extremely busy, but I am really trying to do this right for this family. They gave up everything in Hungary, (they made like $400.00 per month and life is more expensive than here), so it would be great hardship for them to go back. As I said they don't even have an attorney here. I don't know if that matters because most of them don't know half of what you guys know.
Anyways please, let me know how to proceed.

Thank you very much

xxxxx



You have to prove ability to pay from the date that labor was filed with state department of labor. Therefore, if you sent the labor in 2001 then you have to prove ability to pay for 2001 through 2006.

Audited financial statements are very expensive and probably do not suit your needs (At least $5,000 per year). Every year has to show ability to pay not just current year.

I can do it but it is pretty expensive. It will range from $xxxxx. You can give me a call with the details and I�ll let you know the chances of success.




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

From: xxxxxx
Sent: Saturday, January 06, 2007 7:26 PM
To: ny.united@gmail.com
Subject:

Hi,

I heard about you on one of the immigration portals. I am the employer and ready to file I-140 for alien worker. He and his wife are here on B2 visas.
We are concerned about the ability to pay issue. I heard that you are the best on this.
The instructions are not clear at all. Do you have to send 3 years of tax returns. 2006 is not done yet, can we send audited financial statements? What is an audited financial statement exactly? What if the company did not have enough net income in 2005 and 2004 but has it in 2006. Can you please help us? As the employer we are willing to help the worker to get the I-140 approved.

Can you help us? Please, let me know and also how much do you charge.

Their visa expiring soon, please respond A.S.A.P

Thank very much
xxxxxxxx

Last I checked, the US was a sovereign country and is not under the jurisdiction of any international court. It is not even a member of the ICJ and this issue is not covered under WTO. Good Luck. :-)

Yes, we should explore this more

1) Whether we can really challenge this into US SC within US Constitutional
framework?

2) Whether we can really challenge this into International Courts?

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!

So you realized at the age of 35 that you needed MBA? Many smarter ones realized that at 25-30 age range. And they are the ones who will become future CEOs.

Another thing, I would question is your judgement to leave Microsoft. That was the best company in your days, although now its Google. I still think Microsoft is number 2 employer with the kind of benefits and stability they provide. Hello ...... they had first layoffs in 2009 and that too only 5000. My wife works there and I have told her to put in many years there even before she considers a change. Why did you leave them man? You asked for all your present day troubles due to this decision.


Now you are saying , L1s will dump low cost MBAs. Do you know the value of IIMA? First qualify for the college and get a admission and then say it is low cost education. You are not even trying for that college, coz you know you wont get in. Now you can get 1 yr PGPX MBA in IIM-A for 20 lakh Rs (USD 40K), but I bet the quality of graduates is better than your 100K MBA. Before dismissing them as low cost, do some introspection of talent.

My friend did MBA from IIM-B, he is a top performer, today he is a managing partner in Wipro consulting. No doubt he started like me at 60K salary in US, but look at his performance and rise. I respect him a lot. He doesnt have GC yet. I have tons of friends from Whartons, Kellogs, UChicago , IIM-A etc. The college I respect most is IIM-A.

So before dismissing them as low cost, first try to get in there, qualify, refuse admission and then dismiss them as low cost. You are paying 100K for MBA is because you did not qualify for low cost MBA.

I am also with you guys.

Tinku:rolleyes:

Please quote these sites where they mention what is happening in Sri Lanka is a "Genocide". What happened during WWII was a genocide of the Jews. The camps where the IDP's are kept are temporary where they are checked to make sure that there are no suicide bombers, terrorists etc. The LTTE is known to hide behind civilians and attack, like they do now from the safe zone. They are preventing the civilians from leaving the safe zone... so in effect the LTTE is committing a genocide of it's own people. If there is a Genocide then you would see it everywhere in the country, which is not happening. Half my family side is Tamil, and live in the south / central and west of the island. They are all fine and have no issues, now you go figure.

Having said that i'm not gonna say that the SL gov is an angel, it has it's bad side and good side. I don't agree with the govt that Independent journalists should be kept away or intimidated, but coming from south asia (or any part of the world for that matter), you won't get any govt that is 100% good.

It looks like your half family does not know what is happening in the camps. Rather these thrown out media reporters know about that in detail.

Oh..I forgot to mention all the people who are talking in this report are LTTE and supporters of LTTE.

http://www.channel4.com/news/articles/politics/international_politics/grim+scenes+at+sri+lankan+camps+/3126257

The argument that EB2-1 PD will retrogress to 2002 or 2004 does not seem to be based on numbers, but a random speculation. Doesn't not undermine vdlrao's projections in a credible way


Spillover may not be there, or may be there but when the new quota opens up October 1st, new minimum numbers will be available for EB2-I. Worst case scenario, dates will remain static or very minimal backward movement. It looks like the black hole is the time between late 2004 and early 2005, pre-PERM.Other than saying there is massive inventory of backlogged cases, Ron has not given better/ actual numbers of likely pending EB-2 I cases.

Next years numbers are not consequential to EB2I movement to be honest. Any realistic movement will depend on spillover. Consider that EB2I is statutorily limited to about 2800 visas(inclusive of family members) without spillover. Whereas spillover has the potential to contribute tens of thousands of visas.

Ron's assertion that "most of the EB India backlog" is EB2 is frankly not credible in my view. I am not sure what his source is for this, but it seems way off the mark. EB3 will clearly be far more than EB2 in my view.

Clear up your mind for a little while and consider this:

The whole working world lives by on one simple rule ..... GETTING PEOPLE OFF YOUR BACK.
The bigger PITA (pain-in-the-ass) you are... the higher is the priority you get.

As a community we will need to become a PR nightmare for govt. officals... simply being an inconvenience is not going to cut it... we will have to become a "a cactus that is stuck in the colon".

USCIS says EBs are retrogressed because there are XXXXX people in the queue. Why is the queue so long? Because they wasted numbers in the past and kept the queue long. This is pure operational inefficiency that is resulting in monetary, emotional and mental loss to about a million people.
This is a valid ground for a class action lawsuit.

By filing this suit, we will become the "cactii in the colon" that they will have to address. And you know what the easy out of court settlement will be..... RECAPTURE!

We will keep lobbying and crying as we usually do.. But this thing has a far better shot than anything else.

Class actions are not performed easily. First,one needs to show that an agency acted illegally and that action caused many people harm. The fact that USCIS did not use all the visa numbers is not automatically illegal. The law says that the MAXIMUM number of visas, for example, in the EB is 140,000 per fiscal year. It does not say what's the minimum. I am not an attorney, but if that were an easy case, many times would someone else have tried it. Good idea, but as far as I know, difficult to fight from a legal point of view. I'll ask my attorney about this and will keep you posted.

Chanduv thanks for your efforts. A correction: retrogression started in fall of 2004

I picked this from another post here in IV. Maybe we must have a sticky template so that everyone uses that template.