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  • dallasdude
    06-12 12:32 PM
    This is my thought process (also referred by Ron G):


    July 2007 brought in approximately 500K 485 cases.

    We do not know how many cases were pending as of June 2007.

    Fiscal year 2007-2008 USCIS used over 140K EB VISA numbers (I think it was around 155K).
    Fiscal year 2008-2009 USCIS will use atleast 140K EB VISA numbers

    so, 500K - 300K = 200K.

    Assuming USICS approval rate is 85%; 75K of 500K are denied.

    200K - 75K = 125K EB cases pending from the July 2007 cases.

    Additions: from all current categories - may be 25 K in 2 years?

    So, 150 K plus whatever that was pending as of June 2007.

    So next fiscal year, 2009 if USCIS uses the quota 140 K, most or all of the 2007 filings will be cleared. If not EB3 I, definitely EB2 I and C, EB3 ROW will be cleared.

    Depending on new filings, EB3 I might retrogress but retrogression might come within 3-4 years instead of current 8 years.

    I strongly believe, beginning Jan 2010, dates for EB2 (I and C) will move forward heaps and bounds followed by EB3 ROW.

    Good analysis.

    Additions: from all current categories - may be 25 K in 2 years?


    This is the key stat here. It all depends on how many apps that are in the current category now get filed in the next few years. If there are no more new EB applicants, we should see all pending apps to get approved in a year or two max. The 4 current categories now are EB1 ROW, EB1 India/China and EB2 ROW. If there are 140K apps coming in every year from these categories, we'll never see any movement for EB2/EB3. Anybody know the average number of applicants the last few years from these categories? From the recent news, we know that demand for EB1 India and EB1 China has grown substantially. In my opinion, setting a cutoff date for EB1 India/China would be the best thing for USCIS to do now. That will prevent any new visa usage for EB1 India/China and allow EB2 and EB3 categories to catch up.





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  • Legal
    06-12 02:00 PM
    This is my thought process (also referred by Ron G):


    July 2007 brought in approximately 500K 485 cases.

    We do not know how many cases were pending as of June 2007.

    Fiscal year 2007-2008 USCIS used over 140K EB VISA numbers (I think it was around 155K).
    Fiscal year 2008-2009 USCIS will use atleast 140K EB VISA numbers

    so, 500K - 300K = 200K.

    Assuming USICS approval rate is 85%; 75K of 500K are denied.

    200K - 75K = 125K EB cases pending from the July 2007 cases.

    Additions: from all current categories - may be 25 K in 2 years?

    So, 150 K plus whatever that was pending as of June 2007.

    So next fiscal year, 2009 if USCIS uses the quota 140 K, most or all of the 2007 filings will be cleared. If not EB3 I, definitely EB2 I and C, EB3 ROW will be cleared.

    Depending on new filings, EB3 I might retrogress but retrogression might come within 3-4 years instead of current 8 years.

    I strongly believe, beginning Jan 2010, dates for EB2 (I and C) will move forward heaps and bounds followed by EB3 ROW.

    "Law is an ass".

    One potential loophole (I realize it could be wishful thinking on our part) is how the current law is interpreted. Let's say USCIS interprets the current law in such way that preadjudcated cases have to be approved before taking in new cases, then the country cap hurdle could be overcome without legislation.

    With the current economic situation, tightening of PERM, etc new EB-2 row applications are likely to slow down further. At the most, new approvals will have to be delayed by 12 months or less.

    Could it be legally challenged? Could someone bring a lawsuit to force USCIS to stop issuing GCs to people who have been waiting 10+ yrs or more? possible. I doubt anyone can force them to cancel the already issued GCs.

    Then USCIS could say they have enough preadjudicated cases, and are not able to adjudicate until they clear the backlog.;)

    For the politicians and USCIS this is a much better way to handle India EB backlog than to "issue several hudred thousands of foreign laborers immigrant visas when American citizens are losing jobs in millions" through recapture bill.

    I feel like I just wrote a short story.:)

    Members, feel free to comment.





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  • coolman
    08-25 06:07 PM
    Voted..after logging in





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  • franklin
    09-25 07:25 PM
    I love how the majority of these "new" ideas are coming from people who didn't attend either rallies!

    Good to see we have sparked some forward motion with more people becoming engaged

    In reality, a few of the suggestions were carried out both in San Jose and in DC.



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  • gc101
    08-01 06:44 PM
    I think most important things you need to consider: (Considering the fact that PD will be pushed back to stone ages in September Bulletin)

    a) Hope that your I-485 Application is not approved before your PD becomes current. If this happens, it's a royal screw up until your wife keep's her own status (F1, H1).

    b) Earlier, it was predicatable when your PD would become current and it allowed most of the folks to add their spouses at later time.

    c) Bigger question is whether they would process on the basis of PD or RD. I think it's unfair to do it on basis of RD as most of the people would be jumping lines. Currently it's done on the basis of RD, but USCIS might change their SOP because of this July VB Fiasco.

    d) As others suggested, make sure to maintain your H1B status as long as possible without invoking your EAD. This way, you can continue to keep your wife on H4 status (Unless she can keep her own status for atleast another 2-3 years).

    I am in the same boat with EB-2 PD of Aug 2005. My spouse is outside US to get her F1-H1B stamping as her OPT Expired few weeks back.

    Hope, USCIS would allow filing for dependents at a later stage even your PD is not current. :confused:

    a) That is what I am hoping. If not, I am screwed. I planned to go ahead apply for I-485.

    b) ??? :(

    c) If USCIS doesn't go by PD, everybody is screwed....

    d) as long as possible --- What does this mean? I have to keep on extending my H1B , that's all , right. Or while coming back from India, will the Immigration officer force you to start using EAD?

    Comments would be appreciated.

    Thankyou,
    gc101.





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  • oldschool
    08-15 09:39 PM
    People who left employer early or want to leave early will say it is ok; because it suits their needs.

    People who plan on staying later or don't have any intention of leaving early will say to stay.

    Bottom line is it is upto everyones own risk tolerance. I have just seen some of the biggest cowards in terms of immigration all of a sudden get so brave after they got the greencard.

    If people are waiting years and playing it safe then what is the possible harm to wait a little longer and not get riled up by every small story of someone who got questioned at citizenship time, etc.

    Immigration laws don't change very often; however, uscis interpretations and memos do change quite frequently. When you have to start hiring lawyers, go to court, face uncertainty then we'll see how brave people are.

    Thank you for all your input. Again, I got my GC on the first week of July and my wife was applied for 485 last July 30. Whether to leave my present employer or not has become a big question as my employer has decided to transfer me to another location in less than a month's notice which showed lack of consideration to the welfare of their employees as they're not only doing this to one person but a lot others too.

    My greatest concern now is if leaving my employer would have an implication on my wife's pending AOS.

    Thank you for all the pieces of advice you're giving.



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  • Libra
    07-19 12:54 PM
    EB2/Mar 2005/I-485 delivered on july 2nd 9:01am





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  • immigrationmatters30
    09-23 12:35 PM
    @3PM EST
    Is the link still working.....what time are they supposed to begin



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  • dixie
    07-22 01:41 PM
    You will never be as good!!!
    Life is different, if you are not a tourist. Try working with them day in day out. And I m talking about Toronto.

    Experiences of friends says - blue collar, jobs that Canadian do not want to do you, you are more than welcome.
    But dont ever try to get a White collar job... And if you want to - work as Software engineer - and forget of any career development....

    Again -
    http://www.notcanada.com
    http://www.canadaimmigrants.com

    My company has offices in both canada(toronto and vancouver) and US .. i have worked for extended periods of time in canada. I agree that career development oppourtunities are limited due to economic reasons, but I there is no way toronto or vancouver can be considered "racist". And talking of high skilled workers, who said there is absolutely no discrimination in the US ? Isnt that what programmers guild and other labor unions are all about ? how come so many people support the blue collar illegal aliens (mostly meat-packers and lettuce pickers), but nobody cares about us, tax-paying, law-abiding highly skilled people ?

    The difference is at least the canadian immigration policy doesnt institutionalize the discrimination by making us wait in limbo forever, unlike the US laws. At the end of the day, I would rather live with "limited career development" opportunity in canada and change employers at will than be surrounded by plenty of such opportunity but have my hands tied behind my back by the US laws.

    As for "discrimination", we as immigrants always will have to bear with some discrimination,subtle or overt, from the native-born white collar workers whether in the US or anywhere else in the developed world. Our home country is the only one where you can expect to go and join the workforce without discrimination.





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  • floridasun
    12-31 04:17 PM
    I have decided to give a break to these pain in the rear issues ...atleast for today and tomorrow. F***k this... Come what may... I will have a blast next 2 days :p

    Wish you all a very happy new year 2011 and may every one cross the ocean of this GC torture system this new year !!



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  • forgerator
    12-30 10:12 PM
    You can still get promoted while on H1B just don't give up hope. If you're not getting promoted even if you're performing well, then there's something fishy going on with your employer.





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  • nandakumar
    04-12 01:46 PM
    I have made 3 of my friends to contribute and i'm mailing my contribution today. It is a regular check.



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  • Macaca
    06-16 07:50 PM
    Despite making several valid points, USCIS is merely delaying the inevitable and, in effect, increasing the cost to the agency to process these cases. The cost to complete the current backlog of over 800,000 I-130 petitions is more than $225 million today, based on USCIS� cost estimates explained in its proposed fee rule. Because applicants paid for these petitions when they were submitted in previous years, their payments do not cover today�s costs or future USCIS costs to process them. Each year that processing is delayed the cost to USCIS will increase if for no other reason than to account for inflation. Thus, the fact that USCIS can process each of these petitions to conclusion now and chooses by policy not to do so is fiscally unwise.

    In addition, the impact on beneficiaries is significant. By statute, certain approved petitions terminated by the petitioner�s death are reinstated for humanitarian reasons for the petitioner�s beneficiaries.27 By USCIS not approving I-130 petitions in a timely manner, beneficiaries cannot benefit from this important humanitarian exception.





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  • sanju
    11-15 01:39 PM
    here is what i suggest:
    create a yahoo group or blog..and have ppl publish the name anonymously of the desi bloodsuckers...some kind of activism is required..instead of coming on this board like some ballless buggers and crying like babies...grow up and take back ur life...bytch..;-)

    btw..i am not in IT so..i dont have to deal with suck suckers.. i have read so many posts abt this.. i am fed up..

    I guess H1Guy wants to report this to DOL, which is strides ahead of merely creating some yahoo group and "cry like babies" in that yahoo group. He wants to take concrete action, but you are suggesting to continue to discuss anonymously on some forum. I am confused :confused:



    .



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  • syzygy
    06-15 07:35 PM
    And most important thing is it's timing -- Can we believe that these orders to make visa bulletin come from none less than some big political clout to suppress / divide the cry of legal immigrants?



    This confirms unless we get major reform for addressing backlog, all this idea of making 485 current is eyewash and nothing but trap for exorting money out of legal immigrants every year to pay for USCIS funding.





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  • BharatPremi
    05-29 09:01 PM
    why ? ask your kids to do same and see what you feel on that night. can your kids do same ? forget about torturing or anything for a moment. Didn't you see Nupur Lala a past winner where she is now ? if she was torture for that competition she would n't be in MIT. its a competition of brain power to me.

    The notion that going to MIT would translate to the "brain power"... it is hard to agree upon. What is your definition of "Brain Power" ?...



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  • DDash
    09-08 03:16 PM
    Sanju, add78 and FinalGC and others...great points...Thanks for sharing your thoughts. I am in similar boat as the OP. Its just that I already ventured out and now I am working as an independent contractor. I have a layer to go through between the Client and my employer (Desi).

    Big consulting firms could charge 180, 200, even 250 to the client depending on the market rates for the particular skill set. Like most of you all mentioned, they do because like you, they want to make money as well. They have a bigger obligation of making their stakeholders happy. They do lot more than an average independent contractor do. They establish contacts mostly not at the middle manager level, but at the CEO level. As a CEO/CIO of Deloitte/IBM they have better access to CEO/CIO of the client. As it is pretty obvious, CEO/CIOs of the clients actually make/break decisions. So they are generally more successful getting big dollar projects. Once they secure a project, they obviously tend to place their employees on to the projects. Occasionally, they also hire sub-contractors AKA independent consultants when they don’t have enough internal resources.

    I am looking for ways to be a successful independent contractor. I believe, networking and building a reliable set of people who can help you is very important. But the challenge is, it is not easy to find people who are reliable and who will ACTUALLY help you land a project. And of course it is not easy to stay in touch with everyone (at least for me).

    To OP: I think you will have to decide what you want to do in your career. If company sponsored training, marketing, working on cross platforms/applications, stability, "company name on your resume", etc is important, you will have to compromise on the money. If you want to make quick money, take the plunge and jump in to independent consulting. You can potentially double your salary. You don’t have to have a G.C. to be a independent contractor. G.C./EAD certainly helps but not a requirement.Find a good desi employer who will support you and who will pay you "your share of money", find a good stable project and you are good to go. YOu can save money on taxes as well. But then the downside is, you pay for your own training, traveling and benefits.

    End of the day - There are pros and cons on both sides of the world. Pick your choice, you will have to compromise on the cons.

    BTW: I have to agree with Sanju on the commissions/under the table transactions that are reality in the consulting world.





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  • Madhuri
    08-01 01:49 PM
    Exactly! You can not expect them to do equally well in Indian school system as what they are performing in US. The school system focus is completely different and there is no easy way out for kids/parents to adapt to it. I am not criticizing either school systems. Both of them have pros and cons. And all this discussion holds true when you have option to move to Canada. If you don't, then it's better to pack before the kids grow older.If you have kids then its easy to move to India before the Kid goes to 2nd or 3rd grade ie before they are 8 or 9 yrs old. After that there is no way you can take a kid out of school in US and expect them to be competitive in India.
    This is based on US public school system standards (if you are homeschooling its different). I had friends when I was in India who had lived all their lives in Middle Eastern countries and even though they had studied in Indian system they felt it difficult to compete there.





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  • chanduy9
    07-06 12:53 PM
    :confused:


    Based on what exactly ??
    Nobody here even comes close in identifying which are the eligibility criteria. Everybody hopes for one or the other.

    Meanwhile one thing is for sure:

    Every application filed after July 2nd, is filed AFTER they closed the doors oficially! How are we in the same class as the people from July 2nd ??? Just because we prepared for filing ??? Isn't that a bit weak in the eyes of the law ?

    Just talked to my lawyer..he said even if we win the case...eligibility is based on the court order...court order may allow every one or only limited people who are in the class action...and in murthy.com they clearly mentioned that, USCIS MAY look at the apllications very closely who are in the class action....who wants that..

    Send flowers on JULY 10TH....the count is reaching 100.
    just my 2 cents...





    govindk
    12-07 04:47 PM
    My EAD receive date is 27th July and notice date is 31st Aug. I made two infopass appointments till now but got different excuses both the times for EAD not being approved. During my first appointment, local office told me that since USCIS is counting 90 days from the notice date, i should come after Nov. 30th. I went there again on Dec 3rd. That day local office told me that NSC is currently processing july 3rd cases and you do not fall outside processing period window. So you need to wait.

    I called USCIS customer service center several times. But everytime i get some different reason for not opening up a SR. I guess now i will wait until NSC start processing july 27th EAD cases. I am sure once that will happen, USCIS officers will give me some other excuse rather than looking into the case.





    vinodmp
    02-10 11:04 AM
    Any Ball park amount I should expect as attorney fee for the MTR ? I know some one mentioned about a CA attorney who does it for $500 but since I don't have H1 as backup , incase if I need switch back to the 2nd employer it is better to keep the current attorney ( 2nd employer ) . looks like he may not come cheap . they asked whether I want to file for Adv parol and it will cost attorney fee $800 . ( I don't have a clue why asked when my I485 is in denial stage) .

    I looked at the I290B form and looks not so complicated.

    But in this situation I do not want to take the risk of filing myself .

    Thanks
    -vinod



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