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  • vdlrao
    07-31 05:58 PM
    http://www.immigration-information.com/forums/showthread.php?t=5766

    posted 07-24 09:59 AM

    Ron Gotcher has some thoughts on India E2 movement over the next two months.

    More and more, I see people posting messages containing the unspoken assumption that since the Indian E2 cutoff date has moved forward, it is likely to move forward further in the coming months. This is a false hope.

    Even with a cutoff date in early 2003, the CIS has sufficient inventory of Indian E2 adjustments on file to use up the remaining inventory of E2 visas for this fiscal year. The reason that the Visa Office advanced the priority date is to move it up to the point where overseas consular posts can take up the slack left by the CIS's inability to close out enough cases and avoid wasting visas this year.

    The CIS inventory of pending cases is massive. If there were no quota at all - if everyone were suddenly "current" - and no new cases were filed after today, it would still take the CIS four to five years to close out all of the pending cases that they already have in their inventory.

    Overseas consular posts maintain inventories of cases as well. When the priority date for a particular case starts to edge forward and it appears that the applicant may become "current' in the not too distant future, the applicant is told to submit all required supporting documents to the post or the NVC. When this is done, the applicant is reported to the Visa Office as being "documentarily qualified." This means that the case is in a position where an immigrant visa can be issued to the applicant as soon as a visa number becomes available.

    The inventory of documentarily qualified cases with current priority dates at a consular post never exceeds that post's ability to process all such cases within sixty days. Consular posts have very high bandwidth processing capabilities. No matter how many cases become current, they are able to process all of them within sixty days.

    The reason that the Indian E2 cutoff date has moved forward is that the Visa Office fears that the CIS will not be able to adjudicate enough adjustment of status applications to exhaust the annual quota. They have advanced the cutoff date in order to make more cases overseas eligible for final processing.

    This means that overseas consular posts have exhausted their inventories of Indian E2 cases with priority dates earlier than 2006 and the Visa Office had to move the cutoff date forward in order to make more cases eligible to be closed out.

    This does not mean that the CIS has closed out all of the pre-2006 cases pending in their inventory. Far from it. When the new fiscal year starts, Indian E2 is likely to retrogress back to late 2002 or early 2003. This is roughly the point reached by the CIS in processing their inventory of pending cases.

    Please understand that this is a temporary phenomenon and due entirely to the difference in the processing capabilities of the CIS and the overseas consular posts.

    I hope this clarifies matters.

    Ron Gotcher

    I dont agree with his post except that "EB2 will retrogress in the coming months". EB2 may retrogress in the coming bulletins as part of the adjustment of demand VS available visa numbers. But the retrogression will be very mild and it would be there very short span of time. After that the cut off date will run like to catch up the current. In Ron's post he has no where mentioned about the horizontal spill overs. May be he might have been talking with DOS officials once in a while. But he is not predicting the EB2 movement properly on a whole.

    And besides that our core team has started a call campaign on HR5882 bill. Please participate in that. We have a dedicated IV core team for our Immigration Issues. If this bill passes it will give a great relief for our EB3 friends who are already waiting for years. Hope this bill will pass.





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  • Jerrome
    09-15 12:47 PM
    How did you say that are Only EB2+ EB3?

    What else is there? EB1 does not have labor right..Does EB4 & EB5 has labor process.





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  • ss1026
    03-29 01:38 PM
    To those ignorants or idiots who voted for Rahul Gandhi or Sonia Gandhi:

    This is a book shows facts about Nehru Dynasty in India: http://www.scribd.com/doc/1777536/Nehru-Gandhi-Family-Secrets

    US just elected a President who father and step father are Muslims. And that is great and the world appreciates that because it shows that this country can judge a person by his skills or character and not get stuck in bigoted views about muslims or other minorities. And we love this country for that

    But when it comes to India, don't you think of voting for Rahul gandhi because he might have some blood of either a parsi or ('god forbid') muslim in him. That certainly should dis qualify him, shouldn't it. Nepotism is certainly bad but this takes the cake. Dont vote for him because he might be 10% parsi/muslim (I am sure you have not forgotten about the italian heritage but you can raise that later). But certainly criminals and perpetrators of Genocide would be desirable PM choices. Rock on





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  • logiclife
    06-28 08:14 PM
    Read this memo:

    http://bibdaily.com/pdfs/6-21-07%20AILA%20memo%20to%20Atyes%20&%20Neufeld.pdf

    USCIS has indeed broken the law by doing what it did this month.

    Like I said on the other thread. AILA's latest memo proves the USCIS violated regulations by rejecting EB3-other 485 petitions in the middle of the month even though those petitions were current in June.

    And like I said, USCIS is now acting like an undocumented immigrant violating laws and regulations. And we just finished an 18 month debate in the senate about the law abiding issues of immigrants.



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  • gcnirvana
    07-03 02:14 PM
    Pappu,
    If we reinstate the recent forums frame, we might get more hits to this thread. Now its hidden 3 layers deep and not many people go look for it. Just a thought.
    BTW, I've sent my experience over the July VB ordeal to all the media contacts given here and the one I had from the past.

    Go IV Go.
    /\/\/\





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  • logiclife
    02-06 01:57 PM
    I dont think that you HAVE TO file I-140 within 60 days after labor is approved.

    --logiclife.



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  • unitednations
    02-19 12:20 AM
    Since I am new to the boards; I don't know how much statistical analysis has been performed.

    Here is some good material or ways to get the point across.

    Following is hyperlink from OONET regarding stem positions.

    http://online.onetcenter.org/find/stem/title?t=1&g=Go

    Click on it and then pick a "on demand" profession and scroll to the bottom. At the bottom of each profession will have median salary; number of people doing the job in 2004 and projected need for the next 10 years.

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

    Following is an excerpt for accountants:

    Wages & Employment Trends
    National
    Median wages data collected from Accountants and Auditors.
    Employment data collected from Accountants and Auditors.

    Median wages (2004) $24.67 hourly, $51,310 annual
    Employment (2004) 1,176,000 employees
    Projected growth (2004-2014) Faster than average (21-35%)
    Projected need (2004-2014) 486,000 additional employees

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

    The IT jobs is broken down by manager, software engineer, programmer, etc., so a few numbers need to be added up.

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

    Go to americas job bank, careerbuilder, monster and type the in demand professions, ie., "software engineer". See how many postings there are. There will probably be duplicates between the different boards.

    See if careerbuilder, ajb, monster, etc., will give you statistics on how many of those positions were filled.

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

    Try to see if you can get prevailing wage determination for eb2 positions across the country. I know off hand that an eb2 IT position in Edision is over $90,000; new hamshire is anywhere from $89,000 to $113,000; Austin, TX is about $106,000; Virigina is close to $106,000 (generally if it is bachelors plus five years of experience; it is in six digits or close to six digits).

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

    The above will give a pretty good sense of the positions being sponsored; the salary levels, and the demand. Only thing missing is to correlate U.S. university graudates over the next 10 years and the gap between demand and supply of the skilled workers. Analysis has to be more facts then words and can't be too long winded.





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  • mirage
    03-27 03:47 PM
    Neelu,
    Thanks for Sharing. I watch Indian Politics very very closely, but haven't heard of him till today, Indian media is too obsessed with Rahul Gandhi and Sarkozy. They don't have time for real people...
    My vote is for Dr. Jaya Prakash Narayan. He has done good things as a doctor and then as a collector in AP.

    Of course he stands no chance, but I think he started a movement (grassroots) - hopefully it is the beginning of some positive change.

    Check out his speech at a Mumbai university.

    http://www.youtube.com/watch?v=t4xFCdOYTv4 - Part 1
    http://www.youtube.com/watch?v=3Q6s1R9iBjw - Part 2
    http://www.youtube.com/watch?v=k6ZHak1lEr8 - Part 3

    Cheers.



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  • ns007
    03-16 12:52 PM
    If the prior experience was related to your field, then I don't see why not. You may want to hurry because if USIS comes with 45-day labor expiration rule soon (which they may), you may not be able to use the prior approved labor.

    hi All,

    Can someone give me advice on this:

    I have 4 yrs Bachelors + 6.5 yrs of IT exp. i am being offered a Pre- approved labor(EB3-PD-Nov.2003), which was filed for someone with a condition-Bachelors + 4 years exp., at the time of filing.
    i graduated in June 2000, so i am about 1 year short for the 2003 PD. However i did some part time work during college in India and the lawyer says if i can get exp. letter from that company on a letter head, that should suffice.
    i am concerned if that India exp. during graduation will work or not.
    Has anyone faced a situation like this?
    the (part time exp)company was very small, can this be risky? what do you guys think?

    Thanks.





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  • villamonte6100
    02-18 02:13 PM
    Did you ask you lawyer? It's so much easier to criticize.
    My immigration lawyer laughed when I asked about a possibility of filing WOM to force action on my stalled I-485. So I proceeded myself. Yes, I did many mistakes but I ultimately prevailed. AILF lawyer and Assistant US Attorney could not believe that an ordinary programmer can write quality legal briefs and challenge the government. Some of my friends did not bother with WOM and are still waiting while others followed and received green cards. If you think outside of the box, you can achieve something others could not.

    Congratulations!!! I think you really did a great job.

    But what we are discussing here is class action.



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  • abhijitp
    02-13 01:25 AM
    I am not saying "C" nor am I saying "July 2007 VB". I am talking about "June 2007 VB". It is just a matter of time when we can see the VB back to June 2007 figure again.

    I can assure you that I have done my part without telling anyone. I am a silent doer.

    But even that is not a possibility this year, IMHO.
    Thanks for your efforts!





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  • lazycis
    02-14 01:01 PM
    You may consider it as shameless plug :D, but I want to put this reference as the prove that the lawsuit does work when you deal with the USCIS
    http://boards.immigrationportal.com/showpost.php?p=1862057&postcount=15637



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  • a1b2c3
    06-01 02:12 PM
    Guys,

    I have been working here for 9 years and next year we plan to return back to India. I spoke to SSN customer service to find out my retirement and survivor benefits. Being an Indian citizen, all these are available only if me, or my dependants, have a valid residing status with the US, at the time of making the application. The contribution at this point is like getting a right to work. This is outrageous.

    We all have been legally invited into this country for a work, and that means the US gov should protect our legal and fair interests. It is universally true that everyone works to protect his family. Now here is a case, where I have no right to my retirement money just because I dont have a legal resident status. Whose fault is this. I already made the application 6 years ago. If my home country does not have the comparable SSN structure, then return the money back? We will pay the taxes and take the money back. Our kids need it.

    I dont know what is the appropriate channel to get this fixed. This appears more like human rights violation, or abuse. I am sure there are many in this forum who are in the same boat as I am. Can someone team up with me to do more research or share your discoveries.

    To the US, this is what I got to say:
    =======================
    If you want to protect the jobs for your people, please do it. You have every right. But please dont dump the people you officially invited to augument the workforce of your country into the waters. Before you bring in additional workers to support your companies, do necessary corrections in your immigration policies to let them in only with green card. Dont strangulate their careers. Your existing policies have been burning the aspirations and careers of a lot of innocent people from India and China.

    To those innocent legal foreign workers that have already gathered 40 points in SS, you owe them. They deserve citizenship, not green card. I know it is jumping across multitude of issues, but is it not fair.

    Best wishes to you and sorry to hear this. I thought everyone was entitled to SSN after 10 years of work in the US.
    Do you need to have a green card before you qualifiy to get your SSN back?





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  • Desertfox
    09-23 04:06 PM
    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.



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  • gc_on_demand
    05-28 11:19 PM
    Titanic has already hit the ice berg.. Lets see how far we can survive in given economy.

    Didn't Nixtor ( From IV Core ) posted same or simmilar comment from Visa officer ( Again AC21 ) on Domor's Forum.

    Only hope if any little ... is VISA RECAPTURE.





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  • Legal
    07-21 05:42 PM
    Does this mean there are not enough approvable applications. Doesnt sound right to me with 5 years of minimum retrogression and upto 20 years in case of Philippines for FB category 4.

    Still doesnt make much sense to my how even with USCIS ineffeicienes should there be a spillover.


    Once again, there are 2 restrictions in FB immigration-per country and per category. There may be 15 million Indian citizens waiting for 15 years under the siblings category, it doesn't matter. Once they reach their numeric quota they are done. That's why the numbers and waiting time keep growing.



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  • drirshad
    07-03 07:59 PM
    Can IV try for a Bridge Legislation ...................

    Tuesday, July 03, 2007
    Bridge Legislation Update

    HLG is still actively seeking Bridge Legislation. The purpose of the bridge is to provide a short-term fix to the current retrogression problem for Schedule A occupations. As many readers are aware we are one of the founding members of the Coalition to Improve Healthcare Staffing. The CTIHS is pleased to announce that in June it retained two prominent Washington lobbyists and consultants. The lobbyists are working 24/7, along with the AHA, to seek this goal.

    If any immigration attorneys and/or healthcare stakeholders wish to participate in this effort and contribute funds to the effort, they should contact Chris Musillo (cmusillo@hammondlawfirm.com).

    The biggest hurdle we have right now is general “immigration malaise” in Congress; no one wants to talk immigration at this point. Congress is on a short break for the American Independence Day. Many of the staffing companies and hospitals that make up the CTIHS have meetings set up with their Congressmen and Senators this week.





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  • BharatPremi
    12-14 03:19 PM
    Yep.

    O.k here I am trying to reach the conclusion for my own proper understanding: Whether it is "Discriminative" OR "Restrictive" OR both OR none

    Scenario Example:
    -----------------
    Year 2009:

    ROW EB: Only Britain nationals apply say 30000 people - No other ROW
    national apply
    ROW EB current
    NO EB Backlog for ROW

    What will happen to the files of (30000 -9800) these britain nationals?





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  • bestia
    02-14 06:40 PM
    Circus123 & Bestia thanks 4 the quik answers to my first post on this site; By now I just read & learned a lot from this site about GC process.Now it's time to take action because we have a PD current.
    I just wanna be sure about the dates 'cause I cannot rely on my layer 100% because last year he insisted on completing our files 4 GC but he "forgot" 2 mention that our PD is nou current yet!!!
    We'll send the cheques tomorrow!
    I can hardly wait to get my EAD so I can apply 4 a decent job!!!!!!
    Any idea if it takes longer than 90 days?
    thanx all of U 4 your answers.

    Dyana,

    I would suggest using your own checks for I-485. This way, once USCIS will cash your checks, and if you have online banking - you will see the receipt numbers on the back of the checks. This way you will be able to see your application status right away. It was very critical (at least for me) during June/July tsunami of applications, as I received the actual receipt pretty late.

    Also, don't count on that EAD, it will be safe to invoke AC21 only after 180 days and having approved I-140. You have good chance to have your AOS adjudicated. In this case you will have to stay with your current employer for at least another 6 months. If you will leave before 180 days and your GC will be approved, then AC21 will not apply and your GC will be revoked.

    I also learned a lot on IV :)





    gondalguru
    07-17 01:45 PM
    Assuming that the spill overs are effected only in the last (JAS) quarter, there wont be any significant movement for EB2. Until and otherwise the supply is more than demand, EB2 will not move forward significantly.

    But I wish EB2 becomes current in the near future. Correct me if i am wrong.

    I think spill over will happen every quarter and EB2 I/C dates will move forward every month / two months.


    http://travel.state.gov/visa/frvi/bu...etin_4252.html
    See under section E.

    E. EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY

    There have been questions raised regarding the way numbers have been provided to the China and India in the Employment Second preference categories beginning in April. Section 202(a)(5) of the Immigration and Nationality Act states that if total demand for visas in an Employment preference category is insufficient to use all available visa numbers in that category in a calendar quarter, then the unused numbers may be made available without regard to the annual per-country limit (For example: If the second preference annual limit were 40,000, number use by “All Other Countries” were estimated to be only 25,000, and the China/India combined number use based on their per-country limits were 6,000, then there would be 9,000 numbers unused. Those 9,000 numbers could then be made available to China and India applicants without regard to their per-country limits.)





    snathan
    01-22 04:06 PM
    No need to regret. There are plenty of opportunities in India for right people. Salary is on par with USA.

    Then please pack your bags and leave the country in the next flight.



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