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  • unitednations
    02-18 10:13 PM
    In my opinion, it is more relevant to EB immigration....To support a higher number of benefit recipient you need a higher number of EB immigrant who are more likely to be productive that FB immigrants.....

    Now that is equivalent of passing judgment on FB immigrants as being unproductive.....I know I am going to get flak on that...


    Remember a few posts back; I had said that I thought it was difficult to get h-1b or EB based greencard because it would be pretty difficult to prove that no American is qualified for the job. I wish I had never got involved in immigration so that I could have kept with that thought.

    However; I am sure that just about everyone on these boards also thinks that.

    The employment base definition of a skilled worker is a job which requires two years of experience (this is the same thing as a professional worker where the job requires a degree). Would you be surprised to know that just about everyone who is coming through family base or lottery visa would also fall into the definition of skilled worker.

    In the past three years; I have seen an administrative assistant get sponsored as a skilled worker; a cook making $8.50 as a specialty cook at an Indian restaurant; 8 phillipinos getting sponsored as cooks with a wage of $9.00 at a restaurant; a convenience store clerk; (from reading administrative appeals decisions; i have seen a driving instructor, horse trainer, etc.). All of these jobs fit into a definition of "skilled worker" and share same eb3 category as professional.





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  • katewill
    11-09 09:20 AM
    oh well, this is how i feel. "i should have studied more and started with EB2"
    rules are rules, fair or unfair.
    what have you done other than just waiting? ( i've been waiting too)
    while others changed jobs and moved on to EB2 and got GC in 6 month.
    maybe you can also search companies with sub labor.
    you could have done alot of things if you needed to, but you didn't. (i didn't either)





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  • tikka
    07-04 07:42 AM
    Thanks for your diggs. If you go and check the Upcoming stories tab - it has made it to the top in "Hot in All Topics" list...

    keep digging....

    http://digg.com/politics/U_S_Withdraws_Offer_of_60_000_Job_Based_Visas_Ange ring_Immigration_Lawyer/who 170 DIGS

    http://digg.com/politics/Rep_Lofgren_Issues_Statement_on_Updated_Visa_Bulle tin 316 DIGS

    http://digg.com/politics/USCIS_Visa_scandal - 134 DIGS





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  • gc_wow
    09-23 05:25 PM
    I dont think there is a law which dictates spill over to happen in last quarter? Some USCIS crony has made that happen only in last quarter? Does any one know more about this?



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  • raysaikat
    07-16 09:03 PM
    This whole thread is speculation, your basic assumption itself is wrong. The horizonal spill over is not a permanent policy or trend which will be practised. You should read the INA law clearly. But if this speculation makes you happy, enjoy! :)

    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.





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  • sledge_hammer
    02-04 10:30 AM
    :(

    http://www.murthy.com/nflash/nf_020207.html


    There is already a thread that addresses this issue -

    http://immigrationvoice.org/forum/showthread.php?t=3073



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  • belmontboy
    05-29 06:37 PM
    I have been saying this for the past one year, let us forget everything else, let us not come up with new rules or ideas or suggestions (new quotas, fraud detection, sue USCIS fund, exteneded APs etc). Focus all our energies on the one issue that will help everyone from all affected countries....Recapture of Unused Visas.

    Recapture campaign will not divide us in EB 1 Vs 2 Vs 3 or countries. Over the past year a number of people have quit because of the bickering.
    Recapture has a precedent because it was approved by Clinton earlier.
    Recapture is free of country caps and it does not affect the existing visas. Murthy's article mentions that 120k are stuck in limbo and we know that there are around 400k visas available...i dont know what more motivation people need to fight for this issues.

    On our own each one of us can do the following:
    a) Try to arrange a meeting with your congressman and senators
    b) write a letter to all members of the Judicary committee

    after that do whatever IV tells you to do

    If its recapture, then so be it.
    BTW, 120k is just indians. What about chinese, mexicans??

    instead of try on our own, why don't we group ourselves - as someone suggested 100-150 should be good enough.
    Lets group and mail president, chief of staff, your local senator, and few others (who favor legal immigration).

    can some good english pundits draw a sample letter highlighting our cause and need for visa recapture?

    Also lets have a poll and get list of participants.

    The plan shall be mail one letter to each every week. All it would cost you is a printout, an envelope, a 42cents stamp and 5 minutes. Its not too much asking though

    Any body has better suggestions?





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  • vrbest
    07-22 12:27 PM
    Thank you for taking time to answer my question. my PD is Apr 06 EB3-India. I filed 485 on Jul 23, 2007.
    Can I continue working for Company B until GC is received? or should I join company C before that?

    Whats your EB3 PD. You can join company C anytime assuming that it has been more than six months since you filed your I-485. Company C can start the EB2 process should you choose to. However bear in mind that this process will also take some time.



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  • bayarea07
    07-28 10:37 AM
    Good and Fair Thoughts,agree with you.


    I was an 'IBO' in the past. did the business for 2 years and quit. so, i am one of those "quitters" as called by up-lines and one of the many reasons why the average monthly income is only $115/year :)

    you people are fighting for two totally different reasons

    (1) is Amway business illegal for H1Bs? and is Amway business model a ponzi scheme ? been with this business, I can still stand behind the business model - its fair and simple. you just buy from one manufacturer and advertise that to others. if you notice, they are actually advertising Amway Global on national TV. Are the products worth the money you pay is a different subject. can H1Bs do this, i hear yes/no from various sources and that is a separate subject too. this thread is about the bitter experiences and not the business model itself.

    (2) Now came BWW (for those of you don't know this term, this is the reason for all your heartaches / broken friendships and bitter experiences).

    how do you advertise your product/site ?????

    when i joined the business, I have atleast 10 very good friends. I talked to all of them and asked them to understand the business model, and not worry about the advertising part. I took all of them to major conferences (they couldn't say no to me out of friendship and curiosity on what i saw in it despite horror stories) but no one was keen at that time. so, i told them to come and see me when they have some free time and are thinking about making money part-time. no hurry. thats it. no clashes between friends or bad blood. no means no. they are your friends and they will come to you when they are looking. NO HURRY.. thats me.

    this is the point where problems start. BWW talks and teaches about doing it NOW. they want us to go through as many people as possible and believe in numbers game. if you show the plan to 100 people, 1 active IBO will join. so, show the plan 3 times a week at-least. that's the motto. when they asked me to go for cold contacting i refused out-right. how can i convince a total stranger when my close friends who believe in me couldn't see it.

    most of you are crying foul of people "cold" contacting you with fake smile/friendship while they want you to join the business. but everything has to do with BWW and their methods/CDs/meetings etc. its like a competition. the sooner you grow, they grow. so, they want you to grow as fast as possible. if you have to loose your friends/relatives on the way - your up-lines don't care. they say they are your friends/family. how can that be true ??

    to Kushal: I wish you luck with your business. but you have some temper my friend. who are you fighting with ?? folks on an online forum ?? you should know better than to throw stones at someone who doesn't have a name. what are you thinking.. you think you can convince everyone here to believe Amway/quixstar is good ???? seriously ?? only if convincing is that easy ;p

    to rest of the team: I know you don't approve the advertising part by randomly meeting people. I didn't do it either and extensive damage is done. people run away from Amway/quixstar like plague because some people want to get rich quick and asked their down-lines to spread the word as fast as they can. "run through people". find 1 person willing to work at the expense of 99 people getting offended by you. word of mouth advertising works both ways. bad publicity spreads faster :)

    all I am saying is: people advertised Amway really bad. people hate amway but they should really be mad at BWW and their strategies. it is unfortunate that no one really knows or interested to know what Amway model really is. all they can think of is about horrible experiences of cold contacting and repeated chasing.

    again, i am not with this business now but still think its a good model. it is based on word of mouth advertising, franchising, residual income - everything e-commerce (which is a subject taught at some universities). now add some short sighted people to do the teaching and BINGO.. screwed it up big time.





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  • pointlesswait
    09-23 06:08 PM
    i cant believe ppl think this is a brilliant idea..
    economy is screwed for a while..citizens are on life support..and you want immigrants to be welcomed with open arms..


    you are buying a house. they are to give gc in return for us pumping money into the system which otherwise would not have come in

    its not about their feelings or yours... there is a law and IV is trying to change the law by a legitimate process. do not use words like bribe which refer to improper personal payments for benefits that dont belong.



    the new law should decide that... the discussion is open...



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  • pady
    07-24 12:23 PM
    I had a Infopass apt this morning. My PD is Jul 2005 (Eb2-I) , 140 approved 18 months ago. The IO told me this morning that my Namecheck is cleared. How long do you guys think i get the approval?





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  • BharatPremi
    12-14 04:57 PM
    Simple. If it wasn't for that ceiling the vast majority of the visas will go to applicants from the oversubscribed countries. Now this is not a bad thing if the visas are in unlimited supply. But since that's not the case, the country ceiling ensures that even people from smaller nations will get an equal oportunity to claim a visa before all the visa are grabbed by their BIG brothers and sisters. And what's more what ever is left is given back to the oversubscribed countries.

    How can you call that unfair? Is it fair to deprive a person from a smaller country, equal chance to have go at his GC?

    Lasantha,

    You are fond of "Ceiling", Good. Provide me a solution with a goal not to hurt progress march of US economy in following imaginary Scenario without changing current EB immigration laws:

    Assumption 1:Whole EB Bus starts with year 2009 - no backlog for ANY
    COUNRTY - USCIS does not have any kind of administrative
    mess - Situation in USCIS is such that moment it find work, it
    will send flower to you for keeping them busy. - US industry
    exactly need 140000 skilled and highly skilled people from outside
    world as within US they have shortage of exctly that number.
    and it can not afford a single person less than that to keep
    economy at balanced level.

    Assumption 2: India can provide 35000, China can provide 50000, Britain can
    provide 4000, Sweden can provide 2000, Saudi Arabia can
    provide 1000, Sri Lanka can provide 4000, Thailand can provide
    500, Pakistan can provide 5000, South africa can provide 5000
    ,Bangladesh can provide 1500 and rest 32000 from Europe
    (other than Britain) and each of above country cannot provide
    more labor that what is mentioned here. And other unlisted countries
    do not have any skilled persons to provide (This is assumption.. DO not go after me...:))

    So whole world together is ready to provide 140000 labor to US. With current laws tell me what will happen to US economy? Will US Industry be able to get all 140000?

    Will you still be trumpeting "Ceiling" drum?



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  • unseenguy
    06-12 10:06 PM
    So you realized at the age of 35 that you needed MBA? Many smarter ones realized that at 25-30 age range. And they are the ones who will become future CEOs.

    Another thing, I would question is your judgement to leave Microsoft. That was the best company in your days, although now its Google. I still think Microsoft is number 2 employer with the kind of benefits and stability they provide. Hello ...... they had first layoffs in 2009 and that too only 5000. My wife works there and I have told her to put in many years there even before she considers a change. Why did you leave them man? You asked for all your present day troubles due to this decision.


    Now you are saying , L1s will dump low cost MBAs. Do you know the value of IIMA? First qualify for the college and get a admission and then say it is low cost education. You are not even trying for that college, coz you know you wont get in. Now you can get 1 yr PGPX MBA in IIM-A for 20 lakh Rs (USD 40K), but I bet the quality of graduates is better than your 100K MBA. Before dismissing them as low cost, do some introspection of talent.

    My friend did MBA from IIM-B, he is a top performer, today he is a managing partner in Wipro consulting. No doubt he started like me at 60K salary in US, but look at his performance and rise. I respect him a lot. He doesnt have GC yet. I have tons of friends from Whartons, Kellogs, UChicago , IIM-A etc. The college I respect most is IIM-A.

    So before dismissing them as low cost, first try to get in there, qualify, refuse admission and then dismiss them as low cost. You are paying 100K for MBA is because you did not qualify for low cost MBA.





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  • furiouspride
    07-21 03:28 PM
    found this :D pretty much sums it up.

    http://praveensg.com/wp-content/uploads/2009/06/amway.jpg



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  • garybanz
    12-14 11:58 AM
    "The SC concluded that the statutory discrimination within the class of aliens is permissible."

    This could justify difference in say EB1, EB2 and EB3 or F visa, H Visa and L visa. How ever there is no mention that discrimination could be on the basis of sex/race/country of origin etc. IMHO an extension of standard EEO laws should be applied for EB class immigration too.

    NB: I am an HR consultant and an expert on EEO laws, I still think that this discussion is worth taking to a top constitutional attorney. An hour of his time will cost peanuts compared to what we can possibly get out of this.





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  • yabadaba
    07-11 09:33 PM
    jazz and others did u give ur ielts..if so where???

    is it reqd ?

    can i submit a 8 yr old copy of my toefl instead?



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  • katrina
    02-01 02:34 PM
    US news has covered a book by David Heenan -- "Flight Capital" that essentially deals with the fact that high powered immigrants are leaving this country -- for whatever reason -- and how its bad for America. BAD FOR AMERICA. forget about it being bad of GC aspirants. ITS BAD FOR AMERICA. And we have one of america's own high powered former CEO saying that

    http://www.flight-capital.com/

    This man has no vested interested in talking about this. Obviously he does not need a GC and he is not on H1. He makes our case. How anti-immigration congressional measure are hurting America as a nation as much as it hurts aspiring immigrants.

    This is an independent non-partisan source who can be quoted in our cause.

    http://www.greatandhra.com/business/greencard_usa.html

    and there is another good article with the same topic.

    Check out this article in the Wall Street Journal - by Gary Becker, a Nobel Price Winner..alas this administration in immune to such logic

    Give Us Your Skilled Masses

    By GARY S. BECKER
    November 30, 2005; Page A18

    With border security and proposals for a guest-worker program back on the front page, it is vital that the U.S. -- in its effort to cope with undocumented workers -- does not overlook legal immigration. The number of people allowed in is far too small, posing a significant problem for the economy in the years ahead. Only 140,000 green cards are issued annually, with the result that scientists, engineers and other highly skilled workers often must wait years before receiving the ticket allowing them to stay permanently in the U.S.

    An alternate route for highly skilled professionals -- especially information technology workers -- has been temporary H-1B visas, good for specific jobs for three years with the possibility of one renewal. But Congress foolishly cut the annual quota of H-1B visas in 2003 from almost 200,000 to well under 100,000. The small quota of 65,000 for the current fiscal year that began on Oct. 1 is already exhausted!

    This is mistaken policy. The right approach would be to greatly increase the number of entry permits to highly skilled professionals and eliminate the H-1B program, so that all such visas became permanent. Skilled immigrants such as engineers and scientists are in fields not attracting many Americans, and they work in IT industries, such as computers and biotech, which have become the backbone of the economy. Many of the entrepreneurs and higher-level employees in Silicon Valley were born overseas. These immigrants create jobs and opportunities for native-born Americans of all types and levels of skills.

    So it seems like a win-win situation. Permanent rather than temporary admissions of the H-1B type have many advantages. Foreign professionals would make a greater commitment to becoming part of American culture and to eventually becoming citizens, rather than forming separate enclaves in the expectation they are here only temporarily. They would also be more concerned with advancing in the American economy and less likely to abscond with the intellectual property of American companies -- property that could help them advance in their countries of origin.

    Basically, I am proposing that H-1B visas be folded into a much larger, employment-based green card program with the emphasis on skilled workers. The annual quota should be multiplied many times beyond present limits, and there should be no upper bound on the numbers from any single country. Such upper bounds place large countries like India and China, with many highly qualified professionals, at a considerable and unfair disadvantage -- at no gain to the U.S.

    * * *
    To be sure, the annual admission of a million or more highly skilled workers such as engineers and scientists would lower the earnings of the American workers they compete against. The opposition from competing American workers is probably the main reason for the sharp restrictions on the number of immigrant workers admitted today. That opposition is understandable, but does not make it good for the country as a whole.

    Doesn't the U.S. clearly benefit if, for example, India's government spends a lot on the highly esteemed Indian Institutes of Technology to train scientists and engineers who leave to work in America? It certainly appears that way to the sending countries, many of which protest against this emigration by calling it a "brain drain."

    Yet the migration of workers, like free trade in goods, is not a zero sum game, but one that usually benefits the sending and the receiving country. Even if many immigrants do not return home to the nations that trained them, they send back remittances that are often sizeable; and some do return to start businesses.

    Experience shows that countries providing a good economic and political environment can attract back many of the skilled men and women who have previously left. Whether they return or not, they gain knowledge about modern technologies that becomes more easily incorporated into the production of their native countries.

    Experience also shows that if America does not accept greatly increased numbers of highly skilled professionals, they might go elsewhere: Canada and Australia, to take two examples, are actively recruiting IT professionals.

    Since earnings are much higher in the U.S., many skilled immigrants would prefer to come here. But if they cannot, they may compete against us through outsourcing and similar forms of international trade in services. The U.S. would be much better off by having such skilled workers become residents and citizens -- thus contributing to our productivity, culture, tax revenues and education rather than to the productivity and tax revenues of other countries.

    * * *
    I do, however, advocate that we be careful about admitting students and skilled workers from countries that have produced many terrorists, such as Saudi Arabia and Pakistan. My attitude may be dismissed as religious "profiling," but intelligent and fact-based profiling is essential in the war against terror. And terrorists come from a relatively small number of countries and backgrounds, unfortunately mainly of the Islamic faith. But the legitimate concern about admitting terrorists should not be allowed, as it is now doing, to deny or discourage the admission of skilled immigrants who pose little terrorist threat.

    Nothing in my discussion should be interpreted as arguing against the admission of unskilled immigrants. Many of these individuals also turn out to be ambitious and hard-working and make fine contributions to American life. But if the number to be admitted is subject to political and other limits, there is a strong case for giving preference to skilled immigrants for the reasons I have indicated.

    Other countries, too, should liberalize their policies toward the immigration of skilled workers. I particularly think of Japan and Germany, both countries that have rapidly aging, and soon to be declining, populations that are not sympathetic (especially Japan) to absorbing many immigrants. These are decisions they have to make. But America still has a major advantage in attracting skilled workers, because this is the preferred destination of the vast majority of them. So why not take advantage of their preference to come here, rather than force them to look elsewhere?

    Mr. Becker, the 1992 Nobel laureate in economics, is University Professor of Economics and Sociology at the University of Chicago and the Rose-Marie and Jack R. Anderson Senior Fellow at Stanford's Hoover Institution.





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  • snathan
    01-22 05:40 PM
    Wow, you have a great suggestion for him, I am sure he took your suggestion and did the right thing, do you have a similar suggestion regarding immigration to Obama ?, if so you better let him know what you think, you seem very open minded about giving suggestions.

    Please read all his post first and you will understand the reason for this comment.





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  • Caliber
    09-04 01:03 PM
    You moron coming from the slum region or any other place in Bihar.
    You don't know about keralites.
    100% Literacy.
    Living standard is same like Europe. (no other state have the facilities such as health care and standard of living like Kerala).
    It is God's own country.
    Visit and see the details.
    Even the guys working in Gulf countries knows better than you and making much more than you. Go and see their houses.(multi storied), You are still in an appartment.
    Do you ???? You are _TrueFacts aka poorslumdog aka insider

    DEALSNET: You got answers for your own questions. Please understand that every one in Andhra also wanted to live the way you guys enjoy in Kerala. But this guy YSR and his son Jagan grabbed every thing in Hyderabad. If you do not giveyour property, they will kill. They killed 174 people. They even intimidated Judges.

    It is Jesus Christ that killed YSR for using his name and doing all worst things that a common man can not even imagine.

    By the way what is "APPARTMENT?





    roseball
    01-13 04:43 PM
    Is this some thing needs to pass or in proposal or already effected since the date they published on the website?

    I have not ready the doc.

    This is neither a proposal nor a bill that needs to go through the process. Its a memo to the USCIS service centers providing clarity on whats an employer-employee relationship means for a H1 petition to be considered for approval. The memo claims there was no clarity on what constitutes a fair employer-employee relationship and provides guidance to the USCIS service centers to follow the memo in processing all H1 applications. So technically, I would assume it is effective on the date it was released.





    ujjwal_p
    10-15 05:38 PM
    If spillover works, logic is simple. Pending applications ~290K. Quot available ~140k
    So, in just two years, every category should be current. Lets not scratch our heads.

    Please work out the data versus pending/quota/spillover. Do VISA DATES ENGINEERING. And figure out the visa dates process/workflow and put in front of DOS/USCIS to adopt. Or lobby to adopt. or rally to adopt.

    Otherwise our math will always be different from DOS/USCIS math on visa dates ;)

    Easy boss. It aint that simple. You think nobody's going to be awarded gc's in the next year from EB1 and EB2 ROW? Wow. You not only need spillover but also need really low demand from EB1 and EB2 ROW through next Oct. If economy start picking up we'll be piling up on the backlog again and back to twiddling our thumbs waiting for visa bulletin every month. The only way this can be solved is through more visas or through visa recapture. If either of them doesn't happen, we are pretty much guaranteed not seeing "current" for a good 5-10 years, assuming the economy starts recovering and adding more jobs which seems like it has slowly begun. Not that simple.



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