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Impact of rule 2 will be minimal and that rule will be really used not to displace
US workers if that is the purpose. If companies are not really displacing US workers why should they bother about this rule? This rule will certainly minimise the outsourcing by laying off people as H1b persons are required for offshore co-ordination.

Rule 3 is putting ad that is just like a Labor process in green card. It will delay h1b hiring for a month and really impact will be minimal

Those 2 rules are worth if companies can get best people in the world(that was the intention of H1b program. That is what Google and Microsoft are arguing)

Correct me if my understanding is wrong.
What exactly is your point Senthil?
If by reiterating (over and over) the "evilness" of "desi" companies insofar as impacting American workers is concerned and justifying absurdly and obviously restrictionist bills on the fond hope that it would have minimal impact on the "good" American companies who hire H1s in the exception, you wish to make it clear that you are an employee of the latter set of companies, you have certainly made your point, and do not need 364 posts to hammer it it.
Ladies and gentlemen, Senthil is a genuine, bona fide high skilled person working for an honest American company which has high ethical standards, and is not, repeat, NOT displacing any son of the soil American.
There - you can relax now.

USCIS cannot allow people to file for I-485 at its own discretion without visa number availability.

By law, an immigrant visa number has to be available to the alien at the time the application for adjustment of status is filed. See Sec. 245 (a)(3) below.

As someone already mentioned, everyone has full time jobs and can't respond to suggestions immediately. Thanks for the patience and the bright ideas.

http://www.uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-20/slb-7169?f=templates&fn=document-frame.htm#slb-act245

INA: ACT 245 - ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE

Sec. 245. [8 U.S.C. 1255]

(a) The status of an alien who was inspected and admitted or paroled into the United States 1/ or the status of any other alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) or may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if

(1) the alien makes an application for such adjustment,

(2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and

(3) an immigrant visa is immediately available to him at the time his application is filed.

Actually country quota may be unfair based on skills. But green card is not the selection of brightest in interview or test. All the cases of gc are tested and everyone are equally important. For example scientist in Nasa and a Programmer in a Tech company are important. If really see merrit Nasa scientist must have priority. But really everyone is important as they are important for their employer. So having country quota will not select any incapable persons as every candidate is tested.

Also even if country quota is eliminated there is not going to be much difference in EB3(May be 6 month to 1 year PD difference). If you put calculations you can understand very well because unused quota is used in last quarter. Better calculate before starting compaign. May be another few thousand Visas could be utilized as Visas may not be wasted. If Recapture bill is passed with or without country quota then entire EB3 will be benefited. Otherwise it is just helpful to spoil the chances of row people at the same time it will not give much benefit to EB3 Indians.
I remember that EB3 persons were angry with EB2 people for a few months as they got all of other countries EB2.


Dude! Skills based mean not because of your country. That is it. Stop there. What people are clamoring for is single line as both the Nasa scientist and programmer are equally important to their employer. Now, no one knows who will get out first even though he/she has both merit/old pd and other crap. Country cap removal is not the only solution. Recapture with carry over going forward and/or increase of EB numbers to 250K or above is the complete solution.

The biggest problem is interfiling from EB3 to EB2. USCIS must not allow anyone to change categories and retain old priority dates. This is nothing short of cheating ! What about the people who have been standing in line. You can't just change the rules when they suit you and get into the middle of the line. Pathetic !

Similarly - LC SUB guys are getting into the middle of the line even though they came to US years after many of us who are already in pipe-line. This is even more pathetic.

[QUOTE=BharatPremi;173398]Hermione,

How confident are you to call them "Ignorant".... It could be very planned and calculative agenda. Writer writes in CNN. Never ever be ignorant about their tactful agenda, capacity and wilful application of the polity.[QUOTE]

Yeah, and everyone is out there to get you.

Honestly, I think it is a waste of time to try to educate Americans what is what in immigration system. We need to push for our issues by proving why it is a good thing for the country, and not get caught up in this vs that. OK, so you convince the editor that the rally was not about H1Bs. All he will do is wack the sentence about the rally out of the article, because now it does not refer to the topic of the article, which is about H1 visas. Would that be an achievement? Hardly.

6. If your visa is expired as mine is (btw a feb date has never opened up anywhere in India to date...i'm sick and tired and frustrated....getting an appt is a major hassle) the you better choose your airline carefully, the French embassy demands personal appearance (350 miles) for the 10 min it takes to issue a visa- which then lets me walk from one gate to another at De Gaulle.....
So if you travel to India and change planes in Paris you need a transit visa!!
What other countries do that and what countries allow without the visa? this information will be helpful.

Whilst in general a name change does sound like a good idea, we have spent a lot of time and money making sure that Immigration Voice as an organization is known.

It makes no sense to through that away

Good point...

One thing we can do immediately is to add the words " An organisation of Legal Immigrants" or something to that effect under the globe which says immigration voice on it on the top left corner of the web page. This will immediately make know of our status to those who visit us..Just my 25 cents...;)

Help IV help you...
Come to DC....
Lets join hands & lets be heard!!!!
GET UP!!!
STAND UP FOR YOUR RIGHTS!!

Sent the mail today.

Ramba - Excellent post!

The lawsuit will bring to light some irregularities, and will probably encourage USCIS to be more responsible.
But the way out of our misery is still congressional intervention - increase in visa numbers, skill bill, or additional provisions for people with an approved immigrant petition.

http://www.asianjournal.com/?c=201&a=29863


"In a move to fix America�s broken immigration system, the House Subcommittee on Immigration approved H.R. 5882, a bipartisan legislation introduced by Representatives Zoe Lofgren (D-CA) and James Sensenbrenner (R-WI)."

Why they are misrepresenting senators, we are not paying TAX!! ?, is that possible for IV to take action about it by counter emailing?.

Original Poster, Even in IV we have webfaxes, I used to send around 100 faxes to all the senators for all 50 states, so IV has that facility, Kuddos to you by lending a helping hand on programming part if required.

You are partly right, but the problem does not end there. Lot of it has to do with the disorderly way the applications were/are being picked up. All the old applications were pushed to BECs and newer perm applications were picked up for processing. The dates were abruptly moved forward which allowed USCIS to approve newer 485 applications before the dates were pushed back. I am a victim of both these cases� Also, there has been a lot of wastage of visa numbers. If none of these happened I am sure the EB3 dates would have move forward without getting stagnated in 2001.

well you got to re plumb once in a while dont you?

the water and drainage system that worked 100 years ago does not work now ... or does it?

Different opinions have been expressed in this forum over Murthy's letter to DHS. I think any letter or noise helps the situation. When writing to congressmen and senators about our difficulties with the legal immigration system we can quote the letter to make the point. Legal immigration issues have long been ignored in this country. It is time for Legal Immigration issues to be in the limelight.

[QUOTE=nixstor]Excellent analysis but it does have flaws

I am sure you might have read this from murthy's website (http://www.murthy.com/news/n_dosebn.html) or not, but DOS/CA/VO officials shared this piece with them. As per the above article, final quarter quota should not open until Jul 2nd. I understand that agencies can implement and interpret certain stuff, but you cannot interpret and implement one thing on Jun 13th and another on Jul 2nd. If its written into law, that the quarterly allocation is a must, USCIS is in violation and DOS/CA/VO as well for not policing them of visa number usage.


"Essentially, the numbers are spread out during the first three quarters and whatever is left is available during the last quarter"

On reading the Murthy article it appears that the biggest mistake USCIS committed was using up the visa numbers before the 4th qtr began on 7/2/07.

USCIS did it other way around...desparately rushed to use up the numbers before the 4th qtr began....only explanation is to avoid doing additional paperwork for the July filers...

We got the "welcome" and "card production ordered" email for my wife and I today too. It was a long frustrating wait at times but I am glad its over for us now. Our best wishes to those that are still waiting.

No RFE at any stage, straight forward case, never called them for status or infopass. Took them about 4.5 years.

Here are our dates for those interested in tracking.

PD: Jan 29, 2004, EB2
Ohio labor approved - Oct 2004
45 day letter - Jan 2005
Labor approved from Dalla BEC - June 2006
I I140 regular, non concurrent approved - Sept 2006
I 485 sent to Nebraska - July 13 2007
EAD approved - Oct 2007
I485 approval email - June,06, 2008

Congrats and Best Wishes

By the way Mr. Chantu,
Read this http://www.iht.com/articles/2005/11/08/news/blogs.php

Senthil1, Pineapple

Please let us not sound harsh and have a bipartisan :D discussion. It is just my statement I do not disagree with neither of you.

Rule 2
You mean Microsoft and Google and other companies want to stop outsourcing. They would not have build a huge team in india if they wanted to do this. The point that you are missing is that they need H1-Bs here because no american born is availabe here to fill those positions.

Read my statement thoroughly.
Big consulting companies(Bearing point....my list will go on) that are plenty in the US who hire and fire H1-B and american born if they cannot find another client for them after few days.

What will happen to these companies .. they have to shut down

Rule 2 will be a disaster for all these companies.
These companies do not go to india to get H1-B's they get them when they come here brought by india Desi companies.

It will be a mess. You might be talking about one company that will never displace and american and will garauntee an employee that he will never be fired once hired : Give me a break.

What exactly is your point Senthil?
If by reiterating (over and over) the "evilness" of "desi" companies insofar as impacting American workers is concerned and justifying absurdly and obviously restrictionist bills on the fond hope that it would have minimal impact on the "good" American companies who hire H1s in the exception, you wish to make it clear that you are an employee of the latter set of companies, you have certainly made your point, and do not need 364 posts to hammer it it.
Ladies and gentlemen, Senthil is a genuine, bona fide high skilled person working for an honest American company which has high ethical standards, and is not, repeat, NOT displacing any son of the soil American.
There - you can relax now.

A very useful piece of information has been brought to our attention by shiankuraaf.
Thank you very much!

http://www.dhs.gov/ximgtn/statistics/publications/LPR08.shtm

Table 6 Persons Obtaining Legal Permanent Resident Status by Type and Major Class of Admission: Fiscal Years 1999 to 2008

http://www.dhs.gov/ximgtn/statistics/publications/YrBk04Im.shtm
Table 4 Immigrants admitted by type and selected class of admission: fiscal years 1986-2004

Employment-based preferences (Total Number)

Year QUOTA ISSUED Unused/Excessively used
1986 140000 56617 83383
1987 140000 57519 82481
1988 140000 58727 81273
1989 140000 57741 82259
1990 140000 58192 81808
1991 140000 59525 80475
1992 140000 116198 23802
1993 140000 147012 -7012
1994 140000 123291 16709
1995 140000 85336 54664
1996 140000 117499 22501
1997 140000 90607 49393
1998 140000 77517 62483
1999 140000 56678 83322
2000 140000 106642 33358
2001 140000 178702 -38702
2002 140000 173814 -33814
2003 140000 81727 58273
2004 140000 155330 -15330
2005 140000 246877 -106877
2006 140000 159081 -19081
2007 140000 162176 -22176
2008 140000 166511 -26511

Sum total of the differences from 1986 to 2008: 626,681. Vow!!!

So when looked between the period of 1986 and 2008,
there were a total of 626,681 un-used visa numbers that can be re-captured.

This is based on the BIG assumption that the yearly quota for EB categories is 140,000 from 1986 to 2008.
Does anybody know how to verify this important assumption online --a link to a gov website perhaps?

It would be good to verify when the law specifying 140,000 visa numbers per year was passed and
what were the criteria for visa number usage prior to the existence of the law.

I got one FP done after filing I-485 and another when I first applied for EAD (18 motnhs back)
My spouse got only one FP request after I-485 and none during EAD renewals.

I wonders if we use AP to enter, do the fingerprints taken at the port of entry automatically get registered with our I-485 application. Because when we enter on AP there is a additional stepo at the port of entry where dat ais entered into some system.

These stories are scary


http://news.yahoo.com/s/ap/20080918/ap_on_bi_ge/ny_economy_4




By MICHAEL GORMLEY, Associated Press Writer Thu Sep 18, 1:03 PM ET

ALBANY, N.Y. - A new projection shows Wall Street's meltdown will likely cost New York state up to 40,000 private sector jobs and $3 billion in tax revenues over the next two years, two state officials said Thursday.
ADVERTISEMENT

The revised numbers in the snapshot of worst case estimates was done Wednesday at the highest levels of New York's state government.

The projection is worse than Gov. David Paterson predicted just Tuesday when he said the state could lose some $1 billion in revenue because of upheaval in the financial sector.

Wall Street is a major economic force in New York state, generating one-fifth of the state's revenues each year.

The officials spoke on condition of anonymity because they weren't authorized to comment on the fiscal analysis.

Both hits would be substantial. The total New York state budget including federal funds is about $120 billion, and the state has about 7.25 million private-sector jobs.

State officials used the model of the fiscal damage to New York after the Sept. 11, 2001, terrorist attacks. Then, Gov. George Pataki said it was the worst financial hit to New York since the Great Depression 70 years earlier.

The new analysis includes the stock market drop, lost revenue from transactions and projected lost income tax revenue from Wall Street jobs.

Three of the five major U.S. investment banks � Bear Stearns, Lehman Brothers and Merrill Lynch � have either gone out of business or been driven into the arms of another bank. The two remaining banks, Goldman Sachs Group Inc. and Morgan Stanley, are under siege.

Oh man! that is really scary.