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  • Openarms
    07-17 10:12 AM
    Dear Attorney,

    I am from India and working as a Software Programmer / Analyst in a decent company and I am using AC21 with this company...and my Green Card journey started September 2002.

    Labor applied (EB3) - September 2002
    Labor approved - July 2003
    I-140 / I-485 applied - December 2003
    I_140 approved - August 2004 after responding to an RFE
    Two times finger prints done and name check is done.
    RFE about sons birth certificate -- responded last year.


    But still the way things are going with Visa numbers and seems no light at the end of the tunnel. I am decided to change EB3 to EB2.

    What would you suggest?

    Where can I find the process for this switch (EB3 to EB2) ??

    Is there any benefit switching from AOS to Consular Process?

    Thanks and appreciate your response.





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  • h1techSlave
    12-13 02:59 PM
    The Law makers don't want to colonize America.


    They already DID colonize America a few centuries back:)





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  • Openarms
    08-17 03:35 PM
    Well - world is definitely a beautiful place. World is beautiful because of beautiful good people. Like there is a saying "How is house different from a home? House maybe be beatiful and big but it is a home ONLY if it is a happy place to live" and making the world our home lies in how we make sure that it is a happy place to live.

    While your approach towards solving the problems is "education" in my opinion education does help, but that is NOT the only factor. Change happens gradually. Don't we all agree that the most educated people might be the biggest "problem creators"


    WRT snathan - he is a personal friend and I know him. He is sympathetic towards poor and downtrodden and wants to fight against injustice etc.....

    To snathan - to understand things in a better perspective, I recommend that you try this. Invite 30 hungry, poor, starving people to your house and provide them with food, education, good life and ask them to seek opportunities to better themselves. You may face the following

    (1) People may get more demanding
    (2) They may fight among themselves
    (3) Some might steal from you
    (4) Some might get into unethical activities
    (5) Some might disrespect you and step over you
    (6) They may show more respect to those who did not care for them and curse you for some silly reason.

    You might find some good people who really do what you intend them to do.

    Why I say this is - there is no GOOD POOR MAN nor BAD RICH MAN - different people behave different in different circumstances.

    Did you know that India's independence struggle, American civil liberty struggle were all funded by rich businessmen - they trusted the leaders and gave a lot of money for campaigns for them to be successful.

    You think like Donald Trump, start learning how Bill Gates, Warren Buffet and good many other folks think... Once they become who they are now they realized that they are bigger and able to do some good for their country/world. How about Trump, once he became Trump he just stayed there... So now when has to given respect who would you give respect?????

    SRK, Politicians and Business Tycoons can learn in life try to do some good for their country / world so they can be respected and worshiped.

    I do not want SRK to become a Mother Theresa, Bill Gates or even Warren Buffet all of a sudden.. he may never be able to after all...try to be at least a 30% of a man who himself portrays in his films as HERO - an ideal man.





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  • msp1976
    02-13 03:30 PM
    Originally; I had interpreted the paragraph to mean if the total visas by category i.e, total visas in eb1 are unused then a country can go over 7% limit in that category (horiziontal spillover).

    However; the law is determining total as total visas for all EB categories as a whole. Therefore, there has to be unused visas from the 140,000 for a country to go over 7%.



    I interpreted that as allowing a country to go over the overall 7% limit in the total EB categories.....Which conforms to what USCIS did in 2005....USCIS allowed much larger than 7% from India that year...and they were within law...( Of course that can be litigated against if someone raises an objection ......)

    So if my interpretation applies and after reform there are 290K total visas available then there is a decent chance of EB2/EB3 India China to at least come to 2005 PD levels if not current...



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  • Macaca
    01-18 08:16 PM
    I hope that this memo is not mis-used to affect the good apples, that's it.


    If employer can not directly control/supervise his employee's work and then H1B new petition/extension may not be approved.

    Why is an "apple" bad if employer does not direcly supervise him/her but good if employer directly supervises him/her?

    BTW, "apple" is not an Indian symbol. Moira Herbst considers curry as an Indian symol. But we can use "mango" if curry riles Indians.





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  • bayarea07
    07-27 05:51 PM
    Here is the story (in a free book format) of a big Shot (I believe he was emerald ) who went broke while doing amway (MUST READ BEFORE DOING AMWAY)

    http://www.transgallaxys.com/~emerald/files/MerchantsOfDeception.pdf



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  • ksvreg
    09-24 12:08 PM
    Good Question though!

    Worried that the data provided is inaccurate. If they provide accurate data (+/- 10%), follow the rules, then we can wait for our dates to turn in for years. But they always do math differently than any one else and move the visa bulletin dates which no one can understand how that was calculated.





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  • iv_only_hope
    07-21 09:20 PM
    Ron gotcher says dates will go back yesteryears:


    "Most likely, India E2 will retrogress in October back to late 2002 or early 2003. Don't count on rapid forward movement in the future."

    He says he got this from DOS.

    What abt this?

    PS: I am just asking not arguing.



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  • Pineapple
    12-14 05:45 PM
    Read my previous post explaining how things would work without country limits.
    All you need to do is recall basic probability theory from school. No country quotas is the only fair way to go, as it would give any individual a fair go, regardless of nationality. I thought this premise was self evident.. but evidently, I'm wrong, and there is some explanation to do.

    I hope explaining the facts and reasoning helps, and the feeling that "country quotas protect smaller countries" has nothing to do with the old saying:

    "When you rob Peter to pay Paul, you can always rely on support from Paul"
    :rolleyes:

    We are all in this together, guys... As per the original intent of the thread, we were supposed to discuss whether the 7 % quota is constitutional. That discussion is not yet settled.

    The main point is, based on current caps and quotas, all of us are stuck.

    One way or another, we need to (A) raise number of EB visas, and (B) Eliminate quotas which distort the market and give unfair advantage to one nationality over another.

    --What you said sounds very interesting. But it got me thinking, what if the merit is equally distributed by the country of origin and there is a limit to the opportunities this country can provide?


    Let us say there are 140,000 EB visas given every year. Based on pure merit and sans any regard to nationality. Don't you think it could potentially lead to more visas being consumed by one country?

    What if this country wants to ensure diversity to its social fabric?? How do they go about doing that?





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  • unseenguy
    04-01 02:28 AM
    Left parties are the worst no doubt about that. Have you gone through the BJP manifesto, its IT vision document and also have you heard about Friends of BJP forums started by Indian businessmen. Yes, Advani runs his politics on religion and Ram temple. Do you think congress does not use religion? Do you hear the news that in Kerala congress has fielded candidates supported by church? Tomorrow if Sri Sri Ravi Shankar or Ramdev baba do the same thing with BJP, our media will shout from the roof top that this is communalism. Do you know Congress is allied with Muslim League in Kerala?

    Snathan, all parties use the dirty tricks. Congress, BJP, Communists. But I will always support the party which builds Ram Temple rather than the party which destroys Ram Setu and even denies the existence of Ram.

    I agree and how can we forget the reservation for OBC by congress. Persecution of sikhs after the murder of Indira Gandhi. That time congress was doing right thing it seems and they were not merchants of death of the time. Is it?

    That is not communalism but if someone says injustice is being done to Hindus or brahmins, that is communalism.



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  • pointlesswait
    09-23 01:01 PM
    well said sayantan..

    This whole idea of linking GC to probable purchasing homes..is insane!
    it stops short of black mailing...


    The 700Bn or whatever the final number is not entirely a drain.....

    the thing with all these exotic securities is not that they are completely worthless but that there is no market for these right now and hence are illiquid - so if someone had the ability to keep these securities for a long term (say 30 years - since most mortgages are for 30 years) on their balance sheet - they may not lose as much money as they would if they tried to liquidate these investments in the short term.

    Financial Institutions typically borrow short term to invest in long term investments and keep renewing the short term borrowings - since the underlying investment has become illiquid - it has become difficult to raise financing against it. the govt, howver, can take a long term view and be patient....who knows.....in the end - the Govt may actually come out with positive cash flow at the end of all this mess. So, the bail-out plan may not be as bad an idea as media is portraying it to be.........in short-term - it does take US into further indebtedness.

    I already have a GC - so this debate does not impact me personally - but this is against the basic principals of natural justice.......GC applicants were placed into certain EB categories based on job descriptions and qualifications and then within queues assigned priority dates based on certain logic and are currently being approved based on PD and country quotas..........all these rules were known and published prior to companies and people applying for these GCs.....

    No matter what the incremental benefit is, I think its blatantly unfair (like it was blatantly unfair to push some people to labor backlog centers and approving people with later PDs first) to change the rules of engagement and prioritization midway through the process and give preference to someone based on an ability to invest certain $$s in an house.......buying a house is a commercial and lifestyle decision........should not be a precursor to a USCIS adjudication.......

    keep the red dots coming folks!





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  • PlainSpeak
    01-13 03:09 PM
    I completely agree with amitjoey and willigetgc.

    Blaming IV on one hand for the lack of enthusiasm and support from EB3 community and on the other hand - for a stand-still in the Congress when it comes to EB specific bills/laws is inappropriate. And then asking IV to drum up a fake EB3 relief measure to encourage this community is a disastrous way to go.

    I recently spoke with one of the admins (reached via contacts page) who gave a very realistic view of how things stand in the Congress and otherwise...and I truly encourage other members to talk to the right folks to get facts rather than getting misled by pure rhetoric. I trust that IV core advocacy wil identify the right bills/legislations to push for and hopefully regional grass-roots members will support those efforts. This Diversity bill might prove to be good practice but we should not have any false hopes. it just gives us another reason to blame IV later on - and IV is the only true platform we have.

    Other than that let me just paste the following I wrote on another thread in response to Plainspeak's approach -
    You do not represent my opinions. So please stop advocating yourself as an EB3 representative. With the points you have raised and the negative vibes you have created between EB2 vs EB3, you have shown that you are concerned and frustrated only about your own personal GC situation and are trying to use the EB3 tag to shove it down my throat. Which I completely detest.
    And to that commnet of mine which you copied from the other post i would asvise people go to that post and see my reply to that



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  • Caliber
    09-04 12:11 PM
    It is a shame for IV.

    You have 352 posts and not one dollar contribution. Are you talking about shame on IV?





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  • conchshell
    07-29 12:52 PM
    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.


    I personally feel it all depends on how USCIS is gonna process the cases during August 2008.

    When Ron writes about the new EB2 India quota for 2008, he does not mention spill over to EB 2 India from EB1 category. Which is a very important aspect behind the prediction given by optimists like vdlrao and others.

    However at the same time, if USCIS does not bring its act together and we end up wasting the visas once again ( it highly unlikely that consular visa posts will assign 20 to 40K visas in next two months ... Are there so many people going with CP route??) the dates for EB2 India will retrogress but certainly not to an extent that they go back to 2003. There will be a mild retrogression and EB2 India date may come back to April 2004. However, later on they will progress further because of new years quota and spillover from EB1.



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  • h1techSlave
    01-19 01:37 PM
    You have made a good point. When you think about it, the lawyers are the only winners in the immigration mess.

    I just heard from attorney there are lot of debate going on in AILA and they are trying to stop this memo from being implemented...they are the one going to lose more business then the body shops....





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  • vbkris77
    09-17 11:13 AM
    When it took about 2 years spill over visas (2008 and 2009) for the EB2 India dates to move from April 2004 to Jan 2005, I am sure you could estimate how long it would take to cross a year.

    On a ballpark, EB2-I has demand for about 50K immigrant visa numbers. Last year we got 25K. I am assuming we are going to get the same number this year too. So that cleared entire 2004.

    Next year the situation may be different, because demand from other countries is less, So we could see a bigger leap and might put us in early 2006 by end of FY10. FY11 may not be that nice when economy starts improving. We could be back to square one.

    Bottomline, Without a recapture, EB2I/C will not make much progress. EB3-Worldwide is only a place holder in the very long line.

    IV members need to concentrate on the recapture, filing AOS after I140 is approved, visa stamping within USA to make our life easy.



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  • deepakd
    07-11 01:43 PM
    Guys

    On the sameline, I think no one is crazy about anything but material wealth for self.

    Take my example, GOV of India spent lot of money on me so that I get a degree from IIT and here I am in USA salivating over GC dreams.
    If I would be kicked out of USA, I may move to Canada, if I kicked out of Canada then to Australia and it would continue............


    Aptly quoted fot this situation ( sorry for hindi language)

    GC ne jalim Kutta banaa diya
    Warna hum bhi the addme izzat ke





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  • amitjoey
    01-14 12:24 PM
    Let us all promise ourselves that we will not get personal with each other. No abusive, foul language.

    We can disagree with each other but we have to watch our tone and not engage in personal attacks.





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  • syendu1
    01-14 02:01 PM
    plainspeak,

    i know a thing or two about this eb related immigration. i agree people should not suffer for years together to get a perm. res card, and that too, people who may have been in the line ahead of others.

    however, i dont think it is just not being ahead that creates this spill over thing. unused visas first go to eb1, then to eb2 and then to eb3. i think, that is correct. now, my view about this categorization is that, eb1 -- outstanding people, eb2 -- better qualified, eb 3 -- skilled but not qualified in terms of degree or experience, whatever. (pls understand, i am not degrading eb3 people, i have loads of very close friends in eb3 who are extremely intelligent and i can tell you, can easily compete with the eb2 guz, as far as knowledge etc goes).

    but, there is a reason for this division and just for that reason, visas have to go thru eb2 before eb 3. if that is not the case, they wont put people who go for NIW in eb2, it wud have been in eb 3 or a completely separate category.

    u did mention to someone that u dont want to convert to eb2 or something in those lines, but i believe everyone should try to get to eb 2 (get masters, or after getting the experience), there is nothing wrong in doing so. (if u feel that i shud not be giving u advice, then just ignore the above few lines)

    i believe some of things people pointed out like visa recapture, not counting the dependents etc are the kind of things where IV should focus energies. this is good for all immigrants

    bottomline: i believe it is wrong to distribute remaining visa no.s to eb3 category before servicing eb 2, becoz i thought, the categories were specifically created to prioritize.

    and please, bear in mind, i am not saying this coz i am eb2. i thought logically that was correct. and, i do easily qualify for eb 1 as well. just did not care abt a gc. i dont care abt it even now. my thinking: if it happens, good, if not, i dont care, i can always go back home-jai hind.





    longq
    02-14 12:50 PM
    The entire discussion by EB3-ROW guys want to preserve those recaptured unused numbers in 2000 only for EB3-ROW for ever. As I mentioned earlier, the purpose of that recapture is to eliminate backlog in 1999. India and China were only the two countries backlogged at that point. USCIS could do that job only in 2005. You guys want a controlled allocation of recaptured numbers for years and years with the simple intension of EB3-ROW always should be current. I understand that urge. However, you guys forget the reality. EB3 demand is huge due to 245i. The real demand for EB2 always very less. (The real demand for EB2 is when EB3 were current). Now everyone is going to EB2. I feel that is the reason why EB2-India and China getting penalized as DOS took the law in their own hand. Now EB2 guys are victimized. Do not blame India and China took more numbers. The real fact is EB3-ROW is enjoying with the expense of EB2.

    Furthermore all this mess is due cumulative results allowing 245i without increasing visa numbers (this is major one), failure of DOL in processing LC in time, USCIS inefficiency, dealy in processing 485 due to 911, abuse in labor substitution, abuse of massive filing of GC by body shoppers with out a bonafide permanent positions or ability to pay, opening a firms in fast labor processing states just to file GC etc. The list for this mess is end less. No one wants to fix that. If they fix everything, there will be less demand for EB3 visas. Furthermore some thing can not be fixed. One can not request/litigate DOL or USCIS to process the LC or 485 fast. Therefore, everyone in EB3 has to wait. Other option is to educate the law makers the problems due to this mess to fix those. Everyone wants CIR/SKIL bill and no one wants to fix the current system and abuse. So, one has to wait, wait, wait..





    dilber
    07-15 07:25 PM
    For first quarter EB2 India will have 1/4 of 9,800(7% of 140k visas), which are 2,450 visas. I wonder
    how u got 800 visas. I dont see much retrogression in EB2 dates other than some mild ones. And the dates move pretty fast on a whole.
    About EB3: it wont be like now all the time. The Immigration reform bill wont keep failing all the time. There would be a time for it to pass in the next two years. As soon as it passes all our Employment Based categories, specifically EB3, will get greatest benefit with PDs almost becoming current.

    Vdlrao:
    First of let me congratulate you. You have been amazingly accurate time and time again about the movement. Do you have some internal sources:rolleyes:
    Jokes aside I think you miss calculated the 2450 visas for the first quarter for the EB2 India. I think the 7% country limit is on a state as a whole including EB1, EB2, EB3, and others. So going by this India gets 9800 visas for a year without any spillovers. The spillovers happen in the final quarter only so for each of the first 3 quarters EB2 will get 28 percent of one fourth of 9800 and the same amount will go to EB1 and EB3 as well. so EB2 I gets 686 visas. But I agree with you that in the last quarter EB2 I will move very fast because it will get all the spillovers from EB1 and EB2 ROW..



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