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  • jhaalaa
    01-14 01:19 PM
    Ombudsman discussed the RFE rates on page 18 figure 7 of the following document:
    http://www.dhs.gov/xlibrary/assets/cisomb_annual_report_2009.pdf

    H1b RFE rates
    Year VSC CSC
    2006 12.7 07.1
    2007 11.4 11.0
    2008 11.8 11.6

    It would be interesting to see the new RFE rates, as this memo gets actioned at USCIS.

    Best Wishes for all.





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  • langagadu
    09-29 10:26 PM
    $700 billion financial bailout plan was thrown out.Now can you guys think any one will buy this idea. (I am EB-3 and stuck in the queue but still think this idea will not fly).





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  • unseenguy
    06-12 09:05 AM
    Unseenguy,

    I am fairly confident, touch wood, that I would not be dependent on India for a handout. I have paid my debts to the Indian society by investing in India. I did not graduate out of an IIT but I did graduate out of the 2nd best engineering college (atleast then) in Rajasthan, India. I am sure you guys would have guessed it by now. Just for the record, I had to pay full expensive tuition and my education was not subsidized. By my responsible style of life, I believe that I have become a self made man and so would hopefully be of material help but not a public burden to India. be rest assured !!!

    2nd best engineering college in Rajasthan? There were 25 states in India , now including IITs, & NITs and BITS, that would make it, atleast 30 colleges in India which are better than yours. And here we are just talking of engineering colleges. Not even mentioned about medical or others. So yours would be like probably 50th best college in India. That is certainly not the best and brightest. I am from top 10 engineering colleges of India at the time.

    My brother is a gold medalist in CS from India's top NIT and has done MS here from top 10 universities. My wife has also done MS from here (top 20 school) with a good GPA.

    So give up ur GC now for recapture and go back! The better and brighter are waiting for it behind you.

    What do you mean by not being a public burden? You will still eat up a job , that can be retained for India's best and brightest, in case you do return due to economy or healthcare factors here.





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  • nb_des
    08-04 03:00 PM
    Pardon my ignorance, how does labor substitution work and what is FIFO?
    There is no FIFO (first in first out) with respect to backlog processing . It may be LIFO.



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  • acecupid
    07-17 11:21 AM
    It is a "permanent" policy. There was no change in the law. USCIS was interpreting the law incorrectly. Now they have corrected themselves with the congressional input. This will not change.

    There could of course be a new law and then things might change.

    The was no change in law and still there was a change in interpretation based on the current state of EB2, so this interpretation will change once some other category needs spill overs. The is no law which states spill over should be horizonal or vertical or diagonal :) It merely says that DOS can decide how the spill overs should flow.





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  • roseball
    07-10 12:35 PM
    Can anyone recommend any good IT consulting companies in Canada?

    I need a permanent job offer to qualify for the points but most of the jobs for my skill set are either contract jobs or for relocation to USA. Please help.


    Try www.cgi.com.

    Its one of the top consulting companies in Canada which hire for full time positions....One of my colleagues moved to Canada last year and got a decent offer from CGI in Toronto.........Keep in mind that salaries in Canada when compared to US are not that great, not to mention high taxes.....But the peace of mind and stress free life is priceless.....



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  • gimme_GC2006
    09-04 01:59 PM
    I have no words to say about this incident.

    I dont like YSR or as a matter of fact any politician.

    All these helping poor people is a bullshit argument.

    Free power, free health insurance, free this..free that..at whose expense??

    he probably bankrupted GOVT (along with his buddy CBN).

    I am glad that we have one less bad guy..more to go.





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  • northstar
    07-21 01:16 PM
    Because of all these experiences, even when you genuinely smile or strike a conversation with a desi, he/she first suspects you to be an ammway guy. I face it everyday, being "outgoing extrovert" in nature, I tend to smile and talk to people in elevators, walkways, malls, restrooms, groceries etc... which is mostly casual fun stuff and most times desis suspect that I am a ammway guy and cut me out harshly.

    That is so true chandu, a few bad apples are destroying the social fabric of entire desi community.



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  • JunRN
    05-29 11:47 AM
    3.2K visas for EB2I includes all applicants. So regardless of what type of processing, the last person to get his GC is 19 years from now, correct?

    Yeah, but your 60k only includes AOS, not CP, right?





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  • vamsi_poondla
    02-14 12:51 PM
    Watch and see how fast the Michigan government will start issuing DL to H1B holders and to those who has pending I-485.

    http://www.aclumich.org/modules.php?name=News&file=article&sid=567
    https://www.aclumich.org/pdf/licensecomplaint.pdf

    A new ruling is different than challenging an existing rule. So, we cannot compare with DL Issue. Name checks, I don't think it is logical. But at the same time, it is not with sinister design as well. Latest memo doesnt admit that they introduced this to screw us. It happened consequentially due to delays, less funding allocation and other processing slack. (BTW, I think MI IV Leadership team did a wonderful job for the DL Issue.)



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  • mariusp
    03-29 02:19 PM
    OK, I've done some more homework and this is what I found in the proposed rule text:


    III. Proposed Amendments to the Permanent Labor Certification
    Regulations


    The first amendment would prohibit the substitution of
    alien beneficiaries on pending applications for permanent labor
    certification and on approved permanent labor certifications not yet
    filed with DHS.


    Basically it says that the rule applies to:

    (i) pending labor certification applications and
    (ii) approved labor certification which have not yet been filed with USCIS

    So it looks like you won't be affected if your case is already pending with the USCIS.





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  • go_guy123
    06-12 12:01 AM
    "Now with this huge deluge of immigrants, especially from the desi consulting companies, I feel that my quality of life is getting adversely impacted. Do not rush to conclusions that I am anti Indian or anti immigrant. 12 years back when I first got my H1 visa, the requirements to qualify were strict. "

    i am not interested in giving red or blue dots but i do hope your citizenship application gets stuck in a processing delay, you too will then realize the implication of your so called Darwinian flush :rolleyes: As they say...when it happens to others its a recession, when it happens to you it turns into a depression...good luck..

    I hope your post did not imply that the ones who got GC's were the 'brightest and the best'.

    citizenship application is actually speeded up when democratic party is in power



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  • nomi
    09-29 12:28 PM
    Can you post the link to the automatic revalidation law link?

    I want to take the print


    Here is the Law

    http://travel.state.gov/visa/laws/te...ams_1441.html#





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  • docp
    06-03 06:04 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



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  • willIWill
    01-15 03:40 PM
    I agree Teddykoochu.

    Think what will happen if they woke up one fine morning and start another new interpretation of an existing law and then later they start doing it retroactively; just imagine the cascading effect.


    It does not matter which side of the ship is taking fire. It seems to me that people on the left side of the boat are happy that the firing is only on the right side, forgetting it is the ship as a whole which is taking fire.

    This only reminds me of the famous poem by Martin Niem�ller which goes like this.

    "First they came for the communists, and I did not speak out—because I was not a communist;
    Then they came for the trade unionists, and I did not speak out—because I was not a trade unionist;
    Then they came for the Jews, and I did not speak out—because I was not a Jew;
    Then they came for me—and there was no one left to speak out."

    To get the gravity of the situation, substitute it with which ever suits you ! EAD/consulting H1/direct H1/AOS pending/485 not filed/EB3/2/1....etc etc.. Behind all these fancy terms, numbers and notations there are people, children and families who are going thru difficult situations.





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  • ufo2002
    05-11 02:04 PM
    I agree with jnayar here... but everyone keep in mind that no system is perfect. But the US employment-based system has serious flaws... especially in today's more globalised-based economy. The requirement that someone stays in the "same job role / same employer" throughout the green card process probably made sense back in the old days when people usually tend to work their entire lives for one company. Today, that no longer makes sense. Employers everywhere almost have worker turnarounds of 2 years on average. That means given the average GC process is about 6 years, you could be looking at someone potentially changing employers 3 times!
    Would anyone like to continue working on the same role/salary for 6 years, given that costs of living increase annually? Of course not.

    I know that Australia has a "job-based" PR process, but it doesn't bind you to one specific employer... so at least you do have the freedom to decide what job you would like to take on.

    The question of immigration to which country is better would probably yield one and the same answer based on the parameters that appear relevant to most people. However, the comparison of immigration processes and systems is an entirely different question - in theory, an employment based immigration system would be a lot better if it is based on correct assumptions. However, an employmet based system that ties an employee to the same job for the duration of the application process, and which requires that the same application processing be redone every time an employee changes jobs, while curtailing the maximum period of time the employee can work in the country is flawed. If the reasoning behind this is that the employee has to show that he/she is indespensible to that one job (with all the highly specific skills that come attached to the job description) which no US citizen/resident is qualified to do, should statistics not show that the majority of positions for which green cards were applied for and obtained have the same employee continuing in that role long after the said employee gets a green card? I would be very surprised if the numbers show that a significant number of employees stick around for any period longer than a year or so in their current, gc-approved roles (and by that, I mean the exact same role for which the GC was applied for - be it with the same company or elsewhere.). In a dynamic market for labor where "skillability" and "learnability" are much more important than current skills and learning, how important is the applicability of a person's current skills to a job that would anyway keep evolving or even changing altogether, during the 6 years of so that a person is employed in that capacity while waiting for the green card?

    Just my $0.02.



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  • Devils_Advocate
    04-02 03:35 AM
    Are you 'high skilled'?
    Your logic suggests otherwise!

    I guess you mean 'highly skilled", "high skilled" are the ones who smoke stuff they shouldn't ;)





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  • 485Mbe4001
    05-29 02:31 PM
    :) he did say hope is on the way...but forgot to say which way or he was try to say what would hope's tombstone read...

    Here lies HOPE...it was IN the WAY :rolleyes:

    to the others who are bitching and moaning about EB1's, a few months back we were worried about the EB3 converting to EB2..before that we were worried that EB3's were getting more visas than EB2's and so on.....we will keep fighting about the handfull of misallocated visas or work towards recapture. The most important thing from Murthy's letter is that USCIS has started preadjudicating 485 which simply means that there are ton of people stuck in this mess who are waiting to be approved... a handful of visas is nothing...lets all unite and work towards recapture.

    Well I am pissed with this whole set up of immigration in this country.. did not obama's campaign say " HOPE IS ON THE WAY".. well its seems for skilled immigrant workers it is " HOPE IS OFF THE WAY"





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  • chantu
    07-21 06:58 PM
    Total (EB1+EB2) from 1998 to 2007 --> 35737, 23401 , 47821, 84222, 78484, 29859, 63825, 107328, 58871, 70859



    So IN THE WORST CASE the total (EB1+ EB2) Visas for 2008 are

    48934 + 48934 + 11,148 + 2,000 = 111,016



    IN THE BEST CASE, ASSUMING USCIS USES ALL 28,795 unused VISAS of AC21 FOR 2008 AND THERE WOULD BE 5,000 UNUSED EB4 VISAS, THE TOTAL EB1 AND EB2 VISAS FOR 2008 ARE GOING TO BE 111,016 +3,000(EB4)+ 2*(28,795/3) = 111,016 +3,000+19196 = 133,212



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




    Type and class of admission 1998-- 1999-- 2000-- 2001-- 2002-- 2003-- 2004-- 2005-- 2006-- 2007


    Employment-based preferences 77,413-- 56,678-- 106,642--178,702--173,814--81,727--155,330--246,877--159,081--162,176

    First: Priority workers 21,375-- 14,844-- 27,566-- 41,672-- 34,168-- 14,453-- 31,291-- 64,731-- 36,960-- 26,697

    I am amazed by your calculations and how much effort you put into this. What is the conclusion come october. EB2 I will move fwd or will be current or will be retrogressed?





    alisa
    02-14 10:06 PM
    Very sad to hear about this.

    I don't know what else to say. I am sorry to hear that this happened.

    I'm sorry, I haven't monitored the web-site since my last posting.

    Today reality hit me very hard. I am in my late thirties and I haven't had much adversity in my life regarding financial, career, family, etc.

    However; today reality really hit me hard.

    One gentlemen, his name was Raja Pitchai. He had asked me to help him file his I-140 and ask for cross chargeability to his wife's place of birth (singapore). USCIS accepted his package and his 140 got approved in a couple of months. (his priority date; india became available one month later anyways (he was from india eb2).

    He was the one of the nicest guys I have talked to. Very courteous fellow.

    They couldn't approve his case because he was stuck in name check. Well, his wife called me today and told me that he passed away last week (brain tumor). He had two U.S. citizen children but him and his wife have no relatives here.

    She doesn't seem to be interested to stay here (she wouldn't be able to keep the greencard process going anyways because the death of the petitioner is automatic denial). She is leaving USA and was going through all the things she needs to wind up. I don't know if she would have stayed here if she got the greencard and I didn't want to task. Reality really him home today.

    I need a couple of days to get over this.





    Macaca
    01-17 06:32 PM
    This kind of attitude will not help to acheive your goal.

    Using abusive words will do more harm than any benefit.


    This is open source (http://app.businessweek.com/UserComments/combo_review?action=getComment&productId=45768&reviewId=503132#503132). And this is their ghetto.

    Will post more urls here if I get time.



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