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  • retrohatao
    02-16 10:11 AM
    willgetgc2005,
    I aggree totally. This forum somehow started with a lukewarm response to the issue. Two things come to my mind.
    1. The folks are not aware of the issue (or)
    2. Most of the folks are just at the first stage of the process and think that retrogression is the only bottleneck.

    Please add this as the one of the hot issues to help one and all.





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  • hopefulgc
    12-10 08:15 PM
    even if we could do population control, another thing we would need is a time machine to go back and implement the control with retroactive effect. is there anyone who has been working on a time machine? How is it coming? :D:D:D:D

    Do some population control in India and China, that would automatically fix the issue of retrogression. We are simply too many and we have clogged the system real bad. every 6th person on the face of this earth is Indian.





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  • mheggade
    07-20 10:24 AM
    The regular quota for EB2 and EB3 combined is only about 9,800. That means 17,700 visas have to come from somewhere. I dont think those many visas are remaining for this year. Be prepared to see FIFO thrown under the bus and approvals with PDs that are all over the place. Please critique this analysis without piling on. Thoughts?

    DOS has stated that they have given entire EB1 over flow (approx 25,000 visa's) and EB2 ROW over flow to EB2 I and C. Per my estimate, It is definitely possible that we could see at least 30k to 40k EB2 I approvals for this FY.
    If only DOS pulls up some kind of trick and come up with strategy to give similar kind of over flow next year to EB3 I and C. We could see EB3 cut off move to Mid 2003.





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  • ambrishmisra
    04-10 02:05 PM
    My wife is in US since Aug, 2006 on H4.

    We missed the H1-B filing last year and it doesn't look good this year too (although her petition got submitted on the first day).

    Her last four years job profile (as of now):
    - 2.5 years for 'Company A' (one of the top 3 Indian s/w company)
    - 10 months for 'Company B'
    - 8 months on H4 (in US) - NO work

    Can she apply through 'Company A' for an L1 (as she has worked more than a year continuously in the last three years)?
    OR its only for an company you are working for currently?

    Any help will be greatly appreciated.



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  • gsc999
    08-04 01:00 AM
    PCS:

    Lou Hates ILLEGAL IMMIGRATION NOT LEGAL IMMIGRATION. if we can explain him about our problem then beleive me he is the only one who can talk everday about SKIL BILL.

    Try it.
    ----

    Talking to Lou Doubs in "favor" of immigration is like committing Harakiri.
    Lou represents the extreme "right" wing anti-immigration lobby.

    Kakaji, what part of Lou Doubs programs have you missed, the Anti-H1B programs or the anti-immigration ones?

    Kaka ji plz don't instigate others to send e-mails to Lou Doubbs. It is enough that you have made that mistake.





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  • saatiish
    07-13 10:02 AM
    Here is the source ....
    http://www.travel.state.gov/pdf/Immigrant%20Visa%20Control%20System_operation%20of .pdf

    Alternatively go to --> Visa Bulletin (http://travel.state.gov/visa/bulletin/bulletin_1360.html)
    Click "Operation of the Numerical Control Process "



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  • immigrant2007
    09-10 02:06 PM
    They can make a category current when Demand < Supply. So once all I-485s prior to 2007 are approved the monthly demand data they publish will show demand Prior to CY2011 = 200. So unless they use approved I-140 to determine demand , DOS will make the dates current(even if for 1 month). As long as USCIS uses pending I-485 data to determine demand, the July 2007 fiasco will keep on repeating every 3-4 years. The key here is to have USCIS provide the actual demand (people with approved I-140s). It was mentioned somewhere that the current USCIS database is not capable of sorting the I-140s by country of chargebility and hence the I-140 data can't be used to determine per country demand.

    If they are giving this reason of not being able to sort 140s then they are really stupid or lying





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  • sri1309
    01-25 09:18 AM
    For my part, I send an email everyday to the white house and the state dept. This is probably not enough.....but may be some day it will work.

    BTW, my apologies if the members thought that this thread was accusatory. Still the question remains, what next?

    Ok, I understand, no use bringing it up again, sorry, let me go back and read other interesting threads on "investments" and "buying houses"...


    The issue is like a BIG bus where we all are together travelling to the same destination. And the bus is stuck in a pit. You and I can push, .. will it help?. What else do you do. You make others also come and push. So, how many people were you able to convince to do what you did.. Dont just convince them, make them also spread the message.
    If you want content to be passed, there are many threads here. One is mine, which is "chain reaction..). Its now buried somewhere :(.

    I know some people do realize things only when they loose their jobs or when its too late. If realization happens only that way, I wish all of you those not participating actively loose their jobs and hence comes realization that will help you and us all. Hope that happens very fast..
    "Agar booth lathon se hi soon sakthe hai, tho lathon hi sahi..".. How my quote on 10..



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  • BharatPremi
    03-17 10:35 AM
    EB3-India
    PD: July 2003
    EAD-AP approved, FP done





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  • gc03
    07-24 09:02 AM
    I totally agree with you. Excellent point.



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  • Jaime
    09-11 03:54 PM
    For the first time in its history, the U.S. faces the prospect of a reverse brain drain. New research by my team at the Pratt School of Engineering at Duke University shows that more than 1 million highly skilled professionals such as engineers, scientists, doctors, researchers, and their families are in line for a yearly allotment of only around 120,000 permanent-resident visas for employment-based principals and their families in the three main employment visa categories (EB-1, EB-2, and EB-3). These individuals entered the country legally to study or to work. They contributed to U.S. economic growth and global competitiveness. Now we've set the stage for them to return to countries such as India and China, where the economies are booming and their skills are in great demand. U.S. businesses large and small stand to lose critical talent, and workers who have gained valuable experience and knowledge of American industry may become potential competitors.

    The problem is simple. There aren't enough permanent-resident visas available each year for skilled workers and their families. And there is a limit of fewer than 10,000 visas that can be issued to immigrants from any single country. So countries with the largest populations such as India and China are allocated the same number of visas as Iceland and Mongolia.

    Visa Delays Deprive U.S. of Talent The result is that wait times for employment visas currently stretch from four to six years for immigrants from countries such as India and China, and all indications are that these delays will get longer. Based on a 2003 study of new legal immigrants to the U.S. called the New Immigrant Survey, we estimate that in 2003, about 1 in 3 professionals who had been through the immigration process either planned to leave the U.S. or were uncertain about remaining. Media reports and other anecdotal evidence indicate that many skilled workers have indeed begun to return home.

    Much of the current public debate on immigration centers on concerns over low-skilled immigrants entering the U.S. illegally. We do need to develop fair policies to deal with this problem. But skilled immigrants who enter the U.S. legally are a different issue. Professor Richard Devon of Pennsylvania State University estimates that in the U.S. about $200,000 is invested in a child by the time they gain a bachelor's degree in engineering. That means that the U.S. gains billions of dollars in benefit from educated professionals who leave other countries to come here. And we lose billions when they return home. Additionally, we end up training highly skilled workers in our markets, technology, and way of doing business.

    Consider this: Earlier research by my team found that more than half of the engineering and technology companies started in Silicon Valley and a quarter of those started nationwide from 1995 to 2006 had immigrant founders. These companies employed 450,000 workers and generated $52 billion in revenue in 2006. Their founders tended to be very highly educated in science, technology, math, and engineering-related disciplines, with 96% of them holding bachelor's degrees and 75% holding master's degrees or PhDs (see BusinessWeek.com, 6/11/07, "Immigrants: Key U.S. Business Founders").

    Patents: Evidence of Entrepreneurial Activity We also uncovered some puzzling data on patent filings. When we analyzed the international patent database maintained by the World Intellectual Property Organization (WIPO), we found that 1 in every 4 patent applications from the U.S. in 2006 listed a foreign national residing in the U.S. as an inventor. This number had increased threefold over an eight-year period and didn't take into account inventors who had become U.S. citizens before applying for a patent.

    We realized that these foreign-national inventors were not likely to be from the same immigrant group that was founding high-tech companies. They were likely to be PhD students and employees of U.S. corporations who are in the U.S. on temporary visas. Temporary-visa holders can't easily start their own companies�their visas require them to work full time for the company that sponsored them.

    For our new research, we reanalyzed the WIPO patent database to look at which immigrant groups and corporations were applying for the most patents. To understand the foreign-national data, we examined extensive information published by the Homeland Security Dept., the Labor Dept., and the State Dept. We also reviewed the New Immigrant Survey to gain insight into the immigration process and to examine the potential that, even after becoming permanent residents, skilled immigrants might return home.

    Here is what we found:

    � Foreign nationals contributed to more than half of the international patents filed by companies such as Qualcomm (QCOM) (72%), Merck (MRK) (65%), General Electric (GE) (64%), Siemens (SI) (63%), and Cisco (CSCO) (60%). Their contributions were relatively small at Microsoft (MSFT) (3%) and General Motors (GM) (6%). Surprisingly, 41% of the patents filed by the U.S. government had foreign nationals listed as inventors.

    � Foreign nationals contributed to 25.6% of all U.S. international patent applications in 2006, but the numbers were much higher in several states such as New Jersey (37%), California (36%), and Massachusetts (32%).

    � In 2006, 16.8% of international patent applications from the U.S. had inventors with Chinese names and 36% of these (or 5.5% of the total) were foreign nationals. Similarly, 13.7% had Indian names and 40% (or 6.2% of the total) were foreign nationals.

    � Both Indian and Chinese inventors tended to file most patents in the fields of medicine, pharmaceuticals, semiconductors, and electronics.

    Our analysis of the immigration data produced the most startling results.

    "Immigration Limbo" We estimate that, as of Sept. 30, 2006, there were 500,040 individuals in the main employment-based visa categories and an additional 555,044 family members in line for permanent-resident status in the U.S. An additional 126,421 with job offers were waiting abroad. In total, there were 1,181,505 educated and skilled professionals waiting to gain legal permanent-resident status.

    In the 2005-06 academic year, there were 259,717 international students in the U.S. There were an additional 38,096 in practical training�many of these are PhD researchers.

    One thing is certain: If we wait five years to fix immigration policy, the unskilled workers will still be here, but the skilled workers who are in "immigration limbo" will be long gone. Our loss will be the gain of countries we are increasingly competing with in the new global landscape.





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  • grinch
    03-07 07:43 PM
    Aw darn!

    It's alright nirvana, yet I think the only people in this right now are me, sun, eilsoe, and spark?



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  • coopheal
    12-10 09:28 AM
    EB3-India moved for 15 days. This sucks.

    A movement of 15 days in EB3-I is a good movement. Big movement in EB3 without law change is not possible.

    FOIA for number of cases per country/category will disclose where we stand but this movement also assures me that we are really past Apr 01 syndrome.





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  • perm2gc
    01-11 03:25 PM
    http://www.laborlawtalk.com/showthread.php?p=850460#post850460

    http://www.indiacause.com/services/advt/advt_lst_one.asp?srno=10394



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  • GCNaseeb
    10-12 09:20 PM
    See signature





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  • amitpan007
    06-06 04:31 PM
    Hi bodhi_tree and amitpan007,

    Were there any LUD's on your application before the approval?

    Thanks.

    No LUDS since 20-JUL-07 for FP.



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  • willgetgc2005
    03-20 07:26 PM
    We're definitely pursuing this problem also through our lobbyist, but for now given the drastic changes in the Comprehensive Immigration Bills, all the effort is going into that. Once that cools down a bit, we will concentrate on the procedural issues like FBI name check as we do realize that a large number of us are likely to get stuck there.


    Admin,

    Thanks for taking this into account. Including me many are affected by name check.How will this affect all eventually? As an example, consider this.

    Let us say your PD becomes current in 2006 and u are waiting for name check.Name check is not cleared in 2006. So the yearly quota which was available to you could not be used because of name check. So the visa in 2006 is not used up, even though it was available.That is one precious Visa number was not used up and got lost in the yearly quota system. Then
    in 2007, you get in line ahead of candidates whose PD becomes current in 2007.

    So in effect all of us loose.





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  • desi3933
    01-31 05:53 PM
    In case of a dependant 485 there is no requirement to be paid on EAD.

    For AOS status, there is no requirement for person to be paid on EAD. It does not matter whether I-485 is for primary or dependent beneficiary.

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin





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  • rpatel
    07-24 12:08 PM
    I concur with the fact that manner in which the law is written/interpreted currently, its going to be an uphill task to convince the USCIS of letting us file I485 without a visa number available. Did the core group make any effort in this direction or is it their foregone conclusion that its non starter at all?

    I believe we should try to make an effort in this direction however small the chance of success may be. My reasons are following:

    1. Even if the USCIS director might not have an authority to change the procedure without congressional intervention first, the effort required to convince a congress man/ congressional committe on this issue will be smaller compared to pushing them to take up SKIL immediately.

    2. I dont know if Dept of Homeland Security might have any say in this but again we can try getting an audience with Negroponte to appraise him of the situation.

    3. Thirdly since CIR/SKIL are currently in dormant stage, coregroup/volunteers might be more open to pursuing low potential/high yield effort like this one is.





    conundrum
    11-07 04:46 PM
    Bump ^^^^





    oliTwist
    12-10 08:06 PM
    stop crying, our real problem is unfair country quota & retrogression. Help IV fight for our common goals.

    I can't help but think about this story after reading your post.

    A fox, upon failing to find a way to reach grapes hanging high up on a vine, retreated and said: "The grapes are sour anyway!" The moral is stated as "It is easy to despise what you cannot get". ;)

    But I think we all agree to the point htat HydGuy is making..



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