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  • svr_76
    05-12 02:13 PM
    I think this forum is the wrong place to discuss any of this. The thread must be deleted.





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  • kondur_007
    06-03 06:37 PM
    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


    All these statements are difficult to analyze...I tried to add things up but could not.
    The only way to get the actual idea of what is happening is to look at July, Aug and Sept visa bulletin as well as usage statistics for 2009.

    As far as most of us are concerned, the fiscal year is over and there is no hope till next fiscal year. The analysis of above mentioned visa bulletins and usage statistics may help to understand what to expect over the next fiscal year and thereafter...

    Is all these because of "increase efficiency" of USCIS and FBI that they processed all the old cases (better scenario) or is the result of something else (like tons of EB1C filing) in which case it will be 10+ yrs of delay for most of us:(
    So just wait...





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  • Vsach
    06-15 09:35 PM
    What has happend to this forum....:confused: Where are the leaders?





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  • ujjwal_p
    05-11 07:25 PM
    I never stated that I support LTTE.

    I understand, how intolerant you are. What is wrong in protesting or showing resentment?

    It's not about showing resentment. Being able to protest is a fundamental right in a democracy, unlike a dictatorship which essentially the LTTE is. We do that everyday in India, America and other democratic setups. It's quite clear that you don't understand the basic concept of a pluralistic democracy that India and America stand for. To see what's wrong with what you said, let me quote you back :

    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.


    Now if you don't see anything wrong with that, fair enough. But I do. I don't see resentment there. I see treason. In fact, along with you I'll also probably party when you become a USC. That day will be as happy a time for Indians to not have you around as I'm sure it'll be for you.



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  • psaxena
    01-19 01:28 PM
    what did you do to help IV fight?

    Is IV fighting for all of us on this?

    People are just discussing and discussing but nobody is doing anything. Are any lawyers doing anything?





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  • dvb123
    02-15 02:46 PM
    Dvb, did you read the ruling? It denies relief and says that:

    "We therefore join the Seventh and Eleventh Circuits in concluding that, in the current circumstances, the language Congress used precludes the INS from issuing a visa pursuant to the DV Program for a given fiscal year upon the expiration of that fiscal year. See Nyaga, 323 F.3d at 914; Iddir v. INS, 301 F.3d 492, 501 (7th Cir. 2002).8
    8. Had Coraggioso sought relief prior to the expiration of the 1998 fiscal
    year, our analysis may have been different."

    So this case is not helpful to us, though it is good for us to be aware of its existence.

    I read the end and it was unfortunate. I was talking about visa number reservation where they can reserve visa numbers for us in the future years based on the previous mistake they did. The court can compel USCIS to give visa numbers but maybe not in the same year but in a period of several years where there can put the newly applied i-485's on hold.



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  • tradahoo
    10-25 02:54 PM
    Hi,

    I want to know if it's permissible to pursue full time education immediately after getting an employer sponsored green card. And if not, how long should I work for the sponsored employer before getting to full time study?

    Thank you.





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  • gondalguru
    06-28 04:24 PM
    Does your attorney cost $400 to $800 an hour. I work with a law firm and our attorneys per hour rates are from $400 up. I don't understand your description of "very very high profile" attorney.

    Yes they cost around 350$ an hour. So I guess that makes them very very very high profile. Right.



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  • sriramkalyan
    01-13 07:58 PM
    My suggestion is, people who are not with Direct vendor, they should try get the H1B transferred ASAP. Existing companies cant put any hold on it!!





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  • kevin08
    03-28 12:47 AM
    remove Atalaji...add Bahenji.



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  • BharatPremi
    12-13 10:29 PM
    It is surprising to me that some, so called high skilled, folks can be so blinded by their desire to get the green card that they are unable to see right from wrong.

    Never mind the pain of those affected by this inequitable system, or if this is technically legal, or whether it can be challenged in court. Think about what you are condoning � an unjust government policy that presumably works for you, now. By advocating an unfair policy today, in the long run you are undermining your own position as an immigrant in this country.

    You seem to be crying out loud - �I am a high skilled foreigner, but I am different, different from them! Look, look at my color, texture, please look at my passport. Oh no fuck that, please look at my place of birth. Skills? Yes we all have them, but let�s not get distracted. I am different - will you please look at my birth certificate, please?�

    Oh I hear ya. But all said and done, you will still be a foreigner to the average Joe on the street, even after you get your green card or naturalization papers. And if things go south, then those unethical policy makers, whom you give a pass today, will find a way to get you � and yes, that birth certificate will come handy. It is important to be united, and stay united.

    To say that the United States has the right to make any law with respect to immigration doesn�t make an unjust law right. Presumably you are well educated and can understand this. And speaking of education � was it your degree or birth certificate that you took to your job interview that set this process in motion? It is counter intuitive to have such a provision where, to begin with, it is your skills that enabled you to get in line.

    Apart from the resounding racial undertone, this policy is also harmful for the society at large. It encourages people to be conscious about their origins, be aware of their differences and the whole idea of America being a melting pot just goes down the toilet.

    I understand it is difficult for some to fight this unfair system, because first you may have to fight and win against your basic instincts. It is hard for us, but this attitude may make things harder for you in the future.

    Lets stay united and open minded, and fight for a fair system.

    Welcome to the board... we are just analyzing which way to fight is better. Mark is saying lobbying is the only way, some other say exploring to challenge in court worth a try...some say not worth it-forget it. Have your opinion pitch in please.:)





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  • kondur_007
    07-29 02:48 PM
    Well, I think the scenario is different. It is somewhere inbetween those two thought processes:

    1. They are counting on CP case; but not much. If you look in the past stats about EB cases processed via CP, it is usually a very small number (and this would just make sense: if you are doing EB green card, you will be working in US and will do AOS). CP cases can not be more than several hundreds.

    2. The major hopes DOS has is on USCIS to process large number of cases. And they ARE capable of doing so; but only RANDOMLY (not in the order of PD or FIFO or anything like that). It is very unlikely that DOS will let USCIS waste any visa numbers. Because it is DOS's responsibility, not USCIS's. And that was main reasoning behind July Fiasco; where DOS wanted to prove that it is not DOS but USCIS who is responsible for the wastage (remember, there were some 60000 visa numbers unused at that time). This time, they are playing the game of "cooperation". DOS will advance dates only till USCIS can handle (not everything Current); and in exchange USCIS will use up all the numbers.

    If USCIS can not show that they have used up at least 75% (or something in that range) of the remaining visa numbers (which are probably in the range predicted in this thread giver or take few thousands) by mid august, DOS will further advance dates in sept. If USCIS shows that they used up most of the numbers, dates may go back. It would not matter what the dates are in sept as the end result is the same: all the remaining visa numbers will be used (probably randomly) to people with PDs upto mid 2006.

    I do not buy the "CP using numbers" theory from Ron or Murthy. It is all about allowing USCIS to use the numbers randomly and let them pick the "low hanging fruits" (as they usually like).

    For the next fiscal year, they will move dates back to mid 2004 (just a wild guess), but I dont think it matters any way...(till the end of the fiscal year). USCIS will probably go in hibernation again till the last quarter of next year and the date will advance again dramatically (may be upto 2008) to let them use all the left over/spilled numbers.



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  • rajsenthil
    05-02 05:20 PM
    You are talking about Sinhala... LOL... Have you ever been to chennai? Look at the Black paint on Hindi letters on Government boards!:D
    It is far far better than where in some states, North Indian people are kicked and thrown out. This NEVER happed in TN. May be some arrogant people like you make it happen.





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  • ryan
    08-17 01:56 PM
    Why do you think he is talentless? Just because he is not an ivy league or not a doctor? He is extremely talented. .

    Due respect Chanduv23 - I believe there are a million and more who've done better and fought tougher battles. I'd think some of them are here on this very forum. I may not have had an opportunity to grow up in India - however, I'm pretty sure - in fact quite certain, the sort of b'wood trash dished out, is nothing representative of Indian culture and ways of life. Most of the stuff encourages ills of American pop culture and feels desperate to the point of being foolish wannabees - and you know what's really sad -- that people from a nation with such incredibly history & culture need the feel to ape ills of American pop culture and the likes. As for Shahrook Khan - the man CAN'T act - unless you think some sort of speech disability, lip-synching songs (sung by folks with actual talent) and running around foolish women in skirts is talent and form art?! I wish the admins would remove the silly post from the forum.



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  • amitga
    02-15 02:39 PM
    The counter argument to this statement is that when I was hired I was told that it would take 2-3 years to get the Green Card and then you can live in this country. I made certain investments, commitments in this country based on this fact. Now either I stay here as slave or loose on all those things that I did thinking that I will stay in this country forever or for next 10-15 yrs. Some of the problems that tied me to this country are :
    1) Buying a house
    2) Child education : Child cannot go back to home country and countinue education due to language of instruction.
    3) Immovable Investments like 401K and not investing in my own country e.g. PF in India.
    4) Making life insurances. I am too old to take a new life insurance as the premium will be too high and I cannot afford to pay my current life insurance as US as it would be difficult to them with my earnings in the home country.

    And the list can go on and on. There are the things that habe tied me and I am no longer free to leave. If would have know earlier that the GC will take 10 years I would have not bought a house, left US before my kid started school, might have took a life insurance in home country etc. In fact same argument prevails that why were the dates made current last July. That send a wrong message and people made more investments.

    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.



    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.





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  • immique
    07-17 01:23 AM
    I don't agree with your arguement. Spillover can happen in any quarter and you don't need to wait until the last quarter for it to happen. with EB1 and EB2 being current, the spillover into EB2 I and C will start from November/December of 2008 itself

    Since no one knows how many of pre 2004 EB2/EB3 are pending for India or ROW, it is very difficult to predict where the PD would be at 2008 november. Whoever feels the numbers less suggests EB2 india PD would move forward, whoever feels the numbers are more suggests it will move slower.

    But this is what my assumption is USCIS/DOS would start will less number of Visas for starting of year, let us say 900 for EB2(I) on november 08. There is a possibility that EB3 to EB2 conversion, Missed out old PD cases etc would result in getting EB2 going backwards...This would be the case for first 2 to 3 quarters, even if it moves it would in couple of months.Again based on EB3(ROW) demand next year end EB2(I) may or may not move forward fast.
    One thing for sure spill over happens only during the last quarter, be it horizontal or vertical.

    But this years move would make some people lucky to get GC even if their PD is in 2006. Again this is all my assumptions..



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  • user1205
    02-15 04:46 PM
    For the most part I think you're right. When I did my master's we were less than 10 white people in 200 in that major. Most of the indian people in there (about half of the 190) were H4s studying while the spouse came on H1 directly from India. And while I had to pay international tuition they got the in state resident tuition.
    When I finished my degree might I add in the top 5 of those 200 I had a hard time finding a job while my colleagues each knew someone who helped them land a job a lot easier. I did ok for myself in the end and I have many Indian friends so don't take this as an anti-indian post. But there are definitely advantages to be part of a big group that is concentrated in an industry.

    That being said, I don't think that we would be having this discussion in a normal world in which the GC numbers are enough. So stop the bickering and work towards increasing those numbers. That will make life easier for everybody.



    The reason we have greater supply of workforce in IT from one specific country is not because of skills or talents. Almost every IT workers from ROW and China came to the US as a foreign student after TOEFL, GMAT, GRE, internship and only then landed a job in IT. Whereas the preponderence of IT workers from India came here through L1/B1/H1 sponsorship through bodyshops. Attending school, preparing for generalized tests requires time, money and patience. This is one big factor why the supply curve is skewed.





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  • Osiris
    07-22 12:37 AM
    One of the main problems with Indians is that they are too nice to say "No" most of the times! Stop being nice or polite to these guys! I have been approached by these people before and the only thing that I say them is "Just leave me alone! I have a life unlike you."





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  • snathan
    01-15 03:16 PM
    Is IV fighting for all of us on this?

    People are just discussing and discussing but nobody is doing anything. Are any lawyers doing anything?

    You step up do something...rather than wasting time.





    kavita
    02-13 07:20 PM
    Hi,
    I like the idea but I believe at this time it is crucial to continue participation in the letter campaign. If we do not get success through it, I will be glad to participate in the lawsuit. Also, like me, at that time there might be hundreds of people willing to be a part.





    eb2_mumbai
    09-15 10:46 AM
    This thread is getting very interesting with all the logical calculations and predictions, thanks OP.

    One aspect that was missed in the discussions so far is, during Aug-Sep'08 many folks with 2005/06 PD's got their GC, USCIS picked these cases on random and not sure how many with 2005/06 PD's were approved but it a sizeable number, so this reduces the pending numbers for 2005/06 PD cases as well. I am predicting by Sep'10 we should see all of 2006 PD's cleared up.

    -Cheers

    you are right in Aug 2008 so many people wth PD of 2005 & 2006 got approved. I would have been a lucky one but unfortunately my Birth Certificate turned out to be the culprit and ended with with an RFE. By the time I answered the RFE visa # were exhausted and I was left behind.