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  • vinzak
    11-11 12:45 PM
    We can all send a copy to the ombudsmand and DOS.

    I will be discussing this with my congressperson in a couple of weeks. Can any of you contact your congressperson and have them help you regarding quarterly spillover? Use the draft to take to your local congressman.


    I'm willing to send this to all the congressman/senators in Texas. Since I'm new to this game, is email better or snail mail? Or is personal contact expected?

    Thanks.





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  • Jaime
    09-11 01:12 PM
    This aint my fight... This aint your fight..
    THIS IS OUR FIGHT!!!
    We need to come together & let our voices be heard!!!
    Come to DC...
    There is very little time & lots to achieve...

    There are miles to go before I sleep.....Well said! This is OUR fight! Let's go guys! EVERYONE TO DC!!!!





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  • ramus
    07-04 03:39 PM
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  • bank_king2003
    04-09 04:29 PM
    Dude i must say, it must have taken a huge effort to come up with all this. But guess what, it wont make a dent. There are way too many Indians, Chinese and Mexicans in line and too few GC's to give out.

    You are right that it wont make any dent not becasue of the numbers of indians, chinease or mexicans but because we failed to identify the problem at a basic level.

    if we have a clear answer and hold on following questions i think then only we can make USCIS/DOS to behave.

    1) Is USCIS or DOS accountable for anything? if they do anything wrong can we do anything?

    2) If USCIS post incorrect and bogus numbers of demand do we have a right or anything to challenge them?

    3) If USCIS says that they are doing quarterly spillover and don't do that can we do anything legally?



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  • EB3_SEP04
    05-26 04:25 PM
    While on the way back from White Mountains in NH, our car was stopped on I-93 south by the US border patrol. They were stopping every single vehicle to question. They had over a dozen Govt vehicles with 40-50 people in uniform. My buddy was driving.
    Officer : Sir what is your status in the US ?
    Buddy: I am on L1 visa
    I: H1B
    buddy's wife: L2
    my wife: H4
    officer: is anyone US citizen ?
    I: my son is (he was sitting in the car seat)

    Officer: (to my buddy) Is your visa still valid ?
    Buddy: yes
    officer: do you have documents to prove your status?
    buddy: i have some papers in my bag which in the the trunk
    officer: can you show me?
    (buddy got out showed him tax papers and answered some questions)
    officer: did they not tell you you are supposed to carry your papers while travelling?
    buddy: I came over a year ago so i don't remember
    officer: I am letting you go, but i could have fined you $2000; $500 for each pasenger with no papers.

    I was so pissed off by this experience, clearly they are doing this to harrase immigrants. theoratically even if I am going for a walk i am supposed to carry immigration papers because a border patrol officer, in theory, could asks me for my papers ?

    http://www.foxnews.com/projects/pdf/immigration_Border_flyer.pdf

    I have decided that if anyone ask me such a stupid question again inside the US and i am just going to remain silent even if that means they detain me for some time.





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  • gc_on_demand
    02-12 02:47 PM
    Waste of time : So many people and so many minutes.

    Waste of space on site : IV lost some space because of this thread.

    Marketing gain : That immi business So many people visited their site when they came on IV and saw this sizzling thread about visa wastage.

    Decide yourself who won and who lost...



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  • Norristown
    09-11 08:41 AM
    I am a great admirer of IV, because it is the only organization really working for legal immigrants.
    Yesterday we are all watching TV,internet for Senate voting on HR5882. Nothing happened.
    We are depending on other websites , to know about bill markup. All threads are filling up with all kind of guessing and speculation.
    Don't we have any channel (lobbyists) to know whether it is marked up or not?





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  • MDix
    02-07 10:28 PM
    Very good point for removing country cap.

    Some questions to those who are supporting country cap.

    Why not put a country cap on foreign students� visas since many of them get into the green card line eventually?
    Why not put a country cap on H1B visas since many of them get into the green card line eventually?
    Why not put a country cap on labor certifications?
    Why not put a country cap on I-140s?
    Why not impose a country cap at the port of entry?
    Why not put a country cap on visitors� visas?
    Why not put a country cap on business visas?
    Why not put a country cap on US trade with other countries?
    Why not put a country cap on amount of US $ reserves that each country can have?
    Why not put a country cap on children that foreigners in the US can bear?
    Why not put a country cap on the foreigners� earnings in the US?
    .
    .
    .
    And the list can go on.

    Putting country cap on greens cards serves a hidden racist agenda of not letting the people of one particular ethnic group grow in number and become strong.



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  • amitjoey
    02-14 11:33 AM
    I understand your frustration, but the rules are the same for everybody, and if India sends more immigrants to the US then any other country, that\\\'s not the US Government\'s fault.

    If there were not per country limits, Indians would consume all those EB visas visas leaving no chance to the applicants from other countries to immigrate to the US legally.


    That is not true.. Let me explain.. I want to give you an example to illustrate what the issue is: Think of a grocery check out line and let us assume for a moment that there are seperate counters for Indians, Chinese, Phill, MEX, ROW. So there are 5 counters. What is happening right now is that the queque for Indians and chinese and other retrogressed countries is long and snakes thru the aisles and they have to wait hours before they can check out, whereas ROW applicants can check out in minutes.
    So it is not like Indians, or other retrogressed countries will consume all EB visas, If there were no country quotas. it is just that the waiting time to get one will be equal for everyone, irrespective of country of birth. That is how it should be, since it is an employment based visa..
    The logic of employment based visas is that it was created to give visas (GC) to the applicants that were most needed by the US Employers at any given time. If the most qualified applicants that US employers prefer happen to be phillipinoes or chinese or Indians, that would mean there are more of those nationals.





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  • greyhair
    06-20 09:40 AM
    My friend I have seen many things in my 45 years life. But never have I seen as much bullshit in one post. If you are so smart that your invention could lose $3 billion in a quarter, why are you unemployed for last 1 yr? If you don�t have a job it has got to be someone else�s fault, right? This is not a new trend. While you are ok to work in a company started by an immigrant or in a technology created by an immigrant, you find it morally wrong for immigrants to compete with you, right? As if immigrants should be denied to right to compete with �real Americans�. And this �real American� thing is so full of it. You are real American because your forefathers came here in 1700? But weren�t your forefathers ILLEGALLS when they came here uninvited? In a fair competition environment you are not going to get any edge over others just because someone has lived here for 5 generations.

    None of us came here uninvited. For last 16 years I am here LEGALLY at the invitation of my employer - an American enterprise which makes and keeps America great. Your �real American� thing is so bullshit because everyone loves to claim that they are only �real Americans� and rest everyone is fake. I find your portrayal reprehensible that only you are on the side of �America� and you competition is �evil and against all Americans�. This is not only stupid, but plain dumb.

    Simple fact is this, you cannot compete with your competition and for that reason you have to throw out this bull crap about �real American�, �illegal�, �Chinaman�, �Hitler� etc., did I miss something? Hear me out because this competition is not going to go away with Sander�s amendment or any other human law. Even if I leave, I will take my job with me and I will continue to compete with you. I will beat you again and again at any fair competition, even from the other side of the globe. The reason is, you are not willing to improve, learn and compete. But you can continue to complaint and cry foul. Sander�s amendment will not do iota to get you a job because you have been conditioned to live on unemployment compensation. Best of luck to the self style �real American� because with your attitude you sure need a whole lot of it.



    At what point are all you anti-American morons going to end this. Immigration followed to the letter of the law - YES. But if you came here illegally, are working here illegally, or are for immigration in any other form than that of the letter of the law - I am sorry. But getting to the point of this. If it wasn't for all of this illegal immigration, if it wasn't for countries ESPECIALLY India and China driving the AMERICAN way of life as a race to the bottom instead of a race to the top - we would NOT need this law. See you all have it wrong - we TRUE aAmericans like me who have 5 generations going back to the late 1700's....my forefathers laid the plan - laid their lives down to build this country and I paid my dues to get my GOOD PAYING job in IT that I worked and slaved for 20 years. And to have an immigrant whose country has done nothing but ride the tailcoats of what we Americans have done and claim it as there own. We have a word for it here in the US - theft. And that is what it is - these jobs that we are trying to fight for here have been STOLEN. And yet there are so many of you who just think that is ok - sure who care let them go....if a Hitler type were to rise again and another World War were to come.....this GREAT Country that you declare to love would not be able to defend itself.....because it's fabric....it's backbone has been dismantled my the theft - by the race to the bottom, by whatever you want to call it....it's all but gone - the dream that you think is still there is a puff of smoke my friends...plain and simple. There is not an INDIAN or CHINAMAN that has the background in IT nor the number of US Patents, and inventions that I have given to the companies that I have worked for and for the country I love. Yet one year after being unemployed I still can't find a job and as a book that is about to be released will educate most on you of who I am find this out - I dare you to look carefully and see just how many others like me are being displaced by un-americans and how that knowledge is taking the competitiveness of the US and shipping it overseas. How sad it is. There is a chapter in the book of one of by greatest inventions that has stood for 10 years to protect a certain part of your life....it was never breached -it never failed in 10 years and yet last month, my former boss showed me how almost 3 billion dollars this quater of American wealth was erased because an Indian person now controls that system and doesn't understand what he's doing and even though I could point it out in a 10 minute conversation I won't and I hope that some of you who are saying no to this in a way without understanding it lose your hard earned money.....I certainly have lost more than you can imagine.....all I can say in the end is not God Bless the USA - but God Help Us.....God Help the USA.



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  • coopheal
    05-06 08:54 PM
    We thought the same way 3 years ago, 2 years ago, and last year too, but nothing happened, it could be another year and we could be sitting here in same situation 2 years from now. Question is when IV has already collected money for FOIA request than why it is not proceeding in that direction ? We get it in time or not is not the question now....

    If you had contributed for the FOIA effort you would have known the actions IV has taken in donor forum. Its a shame that people like you dont contribute and have audacity to come back and demand answers.





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  • sw33t
    01-19 02:39 PM
    Presenting copies of your documents to government officials is not PERSONAL use. You could argue that.

    Its a matter of interpretation. Cops are not lawyers and neither am I. Arguing simply makes matters worse. None the less, you can argue as much as you want but if the cop has one on his mind and you have another, it certainly doesn't help your situation.



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  • piyu7444
    01-31 04:57 AM
    On H1 Status, one must be working full time and should be paid salary even if s/he is on benching. Three month maternity leave should be ok, but 6 months of unpaid leave will be very difficult to explain.

    You should seriously consider changing status to H4, if that is an option.

    In Nov, she can re-enter on H1 visa to come back to H1 status.

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin

    So does this mean that pending AOS has no meaning?

    How about EAD.......if she switches to EAD in Feb with same employer and does not work from Mrach onward then?

    My (mis)understanding was that as long as one has a pending AOS one can be in US without a job and paystub as long as one has a pending AOS.

    Thanks for your help.





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  • alisa
    01-21 02:13 AM
    Anyone??
    This is all for EB-3.
    I think this is the best case scenario.
    Pardon my ignorance, but I am assuming that EB-2 eats up from EB-3's numbers, and so EB-2 wait times will be better than what is estimated here for EB-3, at the expense of the EB-3 waiting times ofcourse.

    For India:
    Depletion_rate = 10500/year
    Accumulation_rate = 19500/year

    For ROW:
    Depletion_rate = 25000/year (Kinda curves-fits to retire all 2001 backlog by 2006, and 2002 backlog by 2008)
    Accumulation_rate = 19500/year (Estimated to be the same as that of India)

    All numbers rounded off. No
    For 2001: Year_current = 2001 + (123194/Depletion_rate)
    For 2002: Year_current = 2002 + (160274/Depletion_rate)
    For 2003 and later
    Year_current = Year_applied + ( (Year_applied-2002)*(Accumulation_rate-Depletion_rate) + 160274) / Depletion_rate


    Here are the results. YA is year applied. YC is Year your PD will be current.
    No processing delay assumed.


    ...........India.. ROW
    D_rate 10000 25000
    A_rate 19500 19500

    YA YC YC
    2001 2013 2006
    2002 2018 2008
    2003 2020 2009
    2004 2022 2010
    2005 2024 2011
    2006 2026 2012
    2007 2028 2012
    2008 2030 2013
    2009 2032 2014
    2010 2034 2015

    I am open to suggestions on how this model can be improved.
    If this model, and these estimates are reasonably accurate, lets come out with our own visa bulletin.



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  • pray
    08-17 01:11 PM
    you write some ridiculous stuff in your first post and you want us to chill out. Get a sense of this board and its professional members, before you post any nonsense like that.

    As I said previously, just chill out.Let me give all you guys some advice whether you want it or not.You guys are just busy speculating about something which you guys have no idea about.As a result all you guys are doing is getting worked up and trust me this nonsense is not helping you one bit.

    If you are giving some factual help with how to file,procedures etc it is one thing, baseless speculation will get you nowhere.If you think I am not in the same boat as the majority of you-- you are mistaken.It is just that I try to stay positive while you guys keep whining.We all know the system is not working fairly for Indians even though we are bright,intelligent and law abiding folks.

    You have no idea how dates will progress,so to reiterate once again just chill!





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  • sammas
    07-12 04:01 PM
    F. DETERMINATION OF THE NUMERICAL LIMITS ON IMMIGRANTS REQUIRED UNDER THE TERMS OF THE IMMIGRATION AND NATIONALITY ACT (INA)

    The State Department is required to make a determination of the worldwide numerical limitations, as outlined in Section 201(c) and (d) of the INA, on an annual basis. These calculations are based in part on data provided by U.S. Citizen and Immigration Services (CIS) regarding the number of immediate relative adjustments in the preceding year and the number of aliens paroled into the United States under Section 212(d)(5) in the second preceding year. Without this information, it is impossible to make an official determination of the annual limits. To avoid delays in processing while waiting for the CIS data, the Visa Office (VO) bases allocations on the minimum annual limits outlined in Section 201 of the INA. On July 7th, CIS provided the required data to VO.

    The Department of State has determined the Family and Employment preference numerical limits for FY-2010 in accordance with the terms of Section 201 of the INA. These numerical limitations for FY-2010 are as follows:

    Worldwide Family-Sponsored preference limit: 226,000
    Worldwide Employment-Based preference limit: 150,667

    Under INA Section 202(A), the per-country limit is fixed at 7% of the family and employment annual limits. For FY-2010 the per-country limit is 26,367. The dependent area annual limit is 2%, or 7,533.



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  • lifestrikes
    02-14 02:29 PM
    Day Off (April 4, 5) - Check
    Accommodation - Check


    I'm driving to DC from Cary, North Carolina on Saturday. Will attend Training on Sunday and both Advocacy Days.





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  • transpass
    04-10 12:07 PM
    Here are the details for last year and years before:

    (Thanks to user "sangiano" on : link: FY2009 Visa Data, Spillover to EB2 - Will it be Similar FY2010 (http://www..com/usa-discussion-forums/i485-eb/498198953/fy2009-visa-data-spillover-to-eb2-will-it-be-similar-fy2010))

    Employment Visas 2009

    Total Employment Visas for FY2009 = 141,020

    Theoretical values without spillover

    EB1 28.6% = 40,332
    EB2 28.6% = 40,332
    EB3 28.6% = 40,332
    EB4 7.1% = 10,012
    EB5 7.1% = 10,012

    Actual values with spillover

    EB1 40,978 = 29.1% received c.650 spillup visa used
    EB2 46,034 = 32.6% received c.5,700 spillover visas used
    EB3 39,791 = 28.2% received c.550 less visas than quota
    EB4 9,999 = 7.1% Zero spillup visas to give
    EB5 4,218 = 3.0% c. 5,800 spillup visas to give

    What is noteworthy is the fact that spillup/spillover visas were only available from EB5.

    In addition, EB1 actually consumed spillup visas and did not contribute any spillover visas as a result.

    This implies that the total spillover visas available to the 7% limited countries was only c.7,500. Since 5,800 came from EB5, less 650 used by EB1, this gives a subtotal of 5,150. In turn, this implies that there were only 7,500 - 5,150 = 2,350 as spillover from EB2-ROW. In the worst case the difference is entirely from EB5.

    I think it gives food for thought and shows the difficulty of trying to second guess visa consumption in Categories that are always current. I accept it might be easier to get a handle on non-NIW EB2 because of the PERM data available for ROW.

    I'm not sure why FY2010 would be much different, at least for EB1 spillover.

    Additional notes from subsequent posts:


    There was significant spillover in FY2007 because (based on 154,497 total EB visas) :

    EB1 only used 26,806 out of a possible 44,186 available visas.
    EB4 only used 4,794 out of a possible 10,969 available visas.
    EB5 only used 793 out of a possible 10,969 available visas.

    That gives a potential spillover of 33,731 visas to categories below EB1. In FY2007 that mostly went vertically to EB3.

    There was significant spillover in FY2008 because (based on 162,949 total EB visas) :

    EB1 only used 36,590 out of a possible 46,603 available visas.
    EB4 only used 7,648 out of a possible 11,569 available visas.
    EB5 only used 1,443 out of a possible 11,569 available visas.

    That gives a potential spillover of 24,060 visas to categories below EB1. In FY2008 that all went to EB2.

    The amount *was* smaller in FY2009 because (based on 141,020 total EB visas)

    EB1 used 40,978 which was more than the available visas of 40,332 (i.e. it used some of the spillup from EB4/EB5).
    EB4 used 9,999 out of a possible 10,012 available visas. (i.e it pretty much maxed out)
    EB5 only used 4,218 out of a possible 10,012 available visas. (i.e. much higher than previous years)

    That gives a potential spillover to EB2 of 5,161 visas, which is substantially lower than previous years.

    This is all his analysis based entirely on historic data (no predictions here; just what has already happened). All credit of analysis goes to him. I never crunched a single number; I am just an "integrater" of the info. Please also note that now we have found out that the word "spillover" should actually be "fall across and down"

    Hope this was the info you were asking for.

    Thanks Kondur. That was a very good presentation of the numbers. I very much appreciate it.

    Now,

    1. Why did EB1 last year needed spillover visas, although it was current all the time? If a category is current, isn't that it has less demand than allocated numbers?

    2. As per May bulletin, EB4 might need a cut off. So we cannot expect any spillover from EB4. So that is clear. Now the spillover chances are from EB5, EB2 ROW and EB1(?). I am including EB1 because, given the current economy over the past year, should there be a better possibility of more spillover from EB2 ROW and EB1 compared to last year?

    3. Also why are the total EB numbers different in different fiscal years (e.g., 141020 in FY2009, 162949 in FY 2008 and 154497 in FY2007)? In FYs 2007 and 2008 did the extra visas come from Family based while it did not for FY 2009? If so, why is it so?

    4. Based on Pending 485 data of March 2010, I barely see few hundred EB4s. And hardly considerable number of EB1s. What's going on? If we go by this data, we should be getting good chunk of spillover numbers...

    http://www.uscis.gov/USCIS/Green%20Card/Green%20Card%20Through%20a%20Job/Employment%20Based%20I-485%20Pending%20Inventory-Total%203-8-2010.pdf


    Thanks,





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  • senthil1
    06-13 09:40 AM
    I am not supporting consulting ban on h1bs. But even that happens companies will readjust by hiring permanent people. Also big consulting companies will bring more people by L1 and B1. I am working in a consulting company and they do not depend on H1bs though considerable H1bs are there.Still H1b Cap will be reached there is heavy demand for h1b. Also I do not think it is outright ban of H1Bs in consulting. They will allow some form of consulting and they may ban subcontracting in H1b. It depends on how USCIS interprets the law. I hope Congress will not do if anything is bad for country. Infact same rule is there in L1 also. But still I am seeing persons are placed in client sites.
    Of course anti immigrants are trying to block H1b program using this but congress trying this because abuses are more in consulting. When congress realizes this anytime they will remove this restriction if they find some other alternative.

    Now chances of CIR is 30% and 60% chance of statusquo for another 2 years. Even skil bill is passed seperately same restrictions will come as same Senators will be there.

    Some of abuses are
    1. Not paying bench
    2. Lower pay compared to market
    3. illegal agreements
    4. Rotation of people and using H1b for outsourcing(It is not abuse but it is not the purpose of H1b)
    5. Giving ads for recruiting only H1bs




    Let us analyze this thing in depth.

    a) According to the restriction which stops consulting

    New york city--- Desi Companies will be affected. They will not be able bring H1-B.

    CDI, RCG, Bearing Point, Datanomics, .... ..... ... .. there are 1000s of middle vendor which supply the Desi labor to the Wall street companies and more.
    I am just talking about NYC. These laborer comes from desi comapnies.

    With restriction...desi cannot bring H1-B..the middle vendors are screwed and hence the clients. Due you have an idea how many Indians work for the financial companies that are not a direct hire.

    If you stop consulting Wall street's wall will fall. The work that a desi can do in 1 day an american would take three days. At least in my company they have realized it.

    You answer this





    h1techSlave
    11-10 10:20 PM
    Pushing for such small changes is the right thing to do.

    IV has people on the national advisory board that include the previous USCIS ombudsman, what is their take on this? I have not seen any thoughts from such experts that support this organization on this issue of quarterly spillover





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    07-03 03:57 PM
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