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  • samay
    07-28 04:39 PM
    I have my EB3-RIR pending at NSC with PD JAN 2004. I-140 concurrently filed on July 23rd 2007 at NSC is still pending. I do have the EAD and AP approved.

    I have another EB2 labor (PERM) certified but its I-140 was denied on the basis of qualification. I have 3 yr B.Sc + 2 Yr. Post Graduate Diploma from India. This labor was certified on Dec. 26th 2006 and I-140 was denied last year after replying to the RFE raised regarding qualification. USCIS was looking for 4 yrs. degree instead of 3 yrs. They didn't accept my 2 yrs. post graduate on top of my 3 yrs. B.Sc degree.

    My question: Is it advisable to go ahead and revive this PERM labor to file fresh I-140 again? If Yes, then what all I should do before filing the fresh I-140? I have almost 8 years of work experience in USA beside my 3+2 years degree from India.



    Please advise.

    Was your 8 year experience not mentioned in the I-140 application. To give you a clear answer on your options i will have to go through your documents.





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  • dilipcr
    06-16 02:24 PM
    There's two themes in this thread that are interesting.

    1. A couple of members advanced the argument that retrogression is good since it weeds out the supposedly undeserving. Here's a startling quote:



    2. The question of luck.

    I would like to share our story, because it touches on both these themes: I have two US graduate degrees; so does my wife. We've paid over 100K in federal income taxes in each of the past several years and I'm now a partner at my firm; the idea that folks are stuck in retrogression because they are undereducated low-cost workers is not realistic. And there are many cases similar to ours (some of which I read about on IV). We are stuck in retrogression because we have no answer to the country-quota bottleneck.

    So, sure, retreogression may provide perverse pleasure to a select few greencard holders, but the inconvenience that retrogression causes most of us does not serve a greater Darwinian good.

    What of luck? While luck has put us in retrogression, it has favored us in many ways --- we have a great family, a lovely home, and a bunch of good friends. I am sure all of us have seen similar plus sides of luck. But luck is stubborn when it comes to the greencard: when the window opened up last year, many folks with PD 2006 were approved, while many like us with older PD were left waiting. Luck is a strange animal -- it lets you see the map of the world in your handheld, but won't let you travel freely because of retrogression.

    There's this story about luck and how one can get around it in some cases. It is not very relevant here, but here's the story: A wise man came to a village and observed a family living in great poverty. All the family had was a cow and a sack of grain. They would work very hard, but their net worth never rose beyond the "cow + sack of grain" level. The wise man, being wise, figured out what's going on. He asked the family to give away the cow and have a party with whatever grain they had. The family initially thought this advice was daft, but eventually complied out of respect for the wise man. The night after they had squandered everything, Brahma could be seen quietly bringing the family another cow and a sack of grain. What the wise man had figured out was that this level of net worth was preordained for that family -- whether they work hard or party. Not a great story to tell your kids to teach them about hard work; but provides an alternate perspective when you're stuck in line.

    To be honest, you are the kind of people, with the right attitude and qualifications, who deserve the GC and should not be subject to these mindless wait times. I am truly sorry for you. Hope the best for you





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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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  • apb
    12-14 02:13 PM
    OK, let's assume the SC invalidates country-based quotas. All EB-based immigration has to stop at that point until new law is written and passed......

    Isn't this we want. New Law. I am pretty sure when new law is being written and debated and passed, we could lobby for the changes we want. I believe, the EB process will not stop during this process because the govt machinery cannot say let the new law comes into force and then we process. They have to process the GC as per the existing law.
    First we go the judiciary route. If we win that would be awesome. If we loose that will give us more visibility. More visibility could attract more sympathetic support than what we have right now. Also there will be clear distinction in senators mind between Illegal and Legal immigration. The hearings will expose the lies behind Lou D talk shows.
    I believe that this process will act as a catalyst, to the entire process. We are already facing retrogression. Maybe another couple of years of extra wait would be worthwhile if this can bring in the reforms.:)



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  • vadicherla
    09-04 01:37 AM
    If you had a laugh on my post good for you. Should have given you some relief from YSR's death. I have been laughing, smiling and eating sweets since I knew the news.

    Conformed you brain got damaged and you will die soon.

    Will distribute sweets after you death





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  • franklin
    02-14 06:51 PM
    Question - where are all the numbers for historical visa allocation coming from?



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  • mbawa2574
    02-15 07:18 PM
    That's taking it a bit too far, I might disagree on most of the things ROW people say but I am not here to make enemies. I have waited and I do not want others also to wait, I just want everybody (including ROW people) to get out of this mess as fast as possible.

    IV stands for unity . Discriminatory laws that make ROW vs MICP should be teared down. IV represents all nationalities. That's what makes America "Melting Pot". I am happy for people whose dates moved. Let's play together and make this system work for every skilled immigrant who goes through this GC process.





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  • ivar
    06-15 05:55 PM
    Ivar and group,

    I think you guys are missing the plot here. Let me reiterate loud and clear. I am NOT against immigrants getting GC. I will not, even in my wildest dreams, claim that the recession is due to the H1Bs and L1s. That is complete baloney spread around by the anti immigrant lobby. My point is let the deserving the GCs soon and not go thru the mindless wait I went thru.

    Having said that I am for the following :

    1. If the outsourcing companies would pay on an avg at 80K per head for the "well qualified" people, I am even ok with their dumping their dumping the L1s here. Why is it that you guys are ok with the L1s being dumped at 40K-60K salaries ? Shuldn't they get paid high too ? This is what I am arguing for. If the outsourcing cos dont want to pay this rate, then keep them in the country of origin. No need to depress wages here. Is this a wrong thing to ask ?

    2. Grassley's bill may force some companies to move entirely to India or China. Isnt that good for India and China ? Why are the pro immigrants against this ? Some times I get the feeling as to who actually is pro and who is anti immigrant !!!! In adition, it may eliminate the many backlogs and help the deserving people here.

    3. People who have made a conscious decision to immigrate here have done so considering the standard of living as one of the primary factors in their decisions. In order to enjoy this standard of living, people have to constantly upgrade skillsets to remain competitive in an industry or move to another industry where mass interest is relatively low. Why should these people's lives, after all the travails, be impacted by the low wage scum outsourcing companies. Please remember these companies, like an other company on earth, operate only on self interest. No point in supporting such companies which in adition to the self interest principle also flout rules with abandon.

    4. In my opinion, self interest has alwyas resulted in the greater good of society. Do not confuse self interest with greed. Greed is what caused this financial mess. If people/companies operated with concern for greater societal good, they would have spent billions in concocting an AIDS vaccine for the children in Africa than to spend the same billions in concocting VIAGRA for the rich old men. Since employment based immigration debate involves companies' interests too, we have to balance societal good with some impact for the companies. My suggestion here is that let the outsourcers take the hit. They have always benefitted by flouting the rules. If your concern is way too high for your L1 brothers then you would find it prudent to bring in the law that clearly states "Pay high wages for the L1s or dont bring them in here". I dont understand what is wrong here ? Is it that I didnt convey my message across right or is it that people blindly support immigration ?


    As i said earlier i agree with you on few points but not all. I have an idea how L1s have been misused to bring in cheap labor but we can't blame them, its the system what allows them to do so. I am not blindly supporting L1s here but its simple demand supply ratio. When i started my engineering in india everyone use to opt for Mechanical engineering which was in great demand those days, its a cycle, Mechanical went down and later IT surged so believe me we are also in this cycle.. some day IT demand will also fade and there will be very limited opportunities available and there will be huge supply of IT engineers (ofcourse highly skilled and talented). The end result is lower wages. People starting their careers NOW should focus in future and what will be the next sector for great job opportunities rather than follow the crowd. We are almost half way through our career, some still have the energy and enthusiasm to upgrade or totally opt for a new career, while some stick to the same old thing.. its a choice we make and the result we get based on our choices.

    Standard of living ofcourse matters and is one of the important factor for coming to US but this has gone down recently not due to IT workers but due to US economy which shrinked at such great pace and trillions of debt US is carrying with it.. it had to happen as i said earlier there are lot of factors contributed for bringing down the standard of living.

    Lastly as you said the best to get their GC first.. agreed !! now how will you determine who are the best of the best.. points system?? or create more Employment based visa categories like EB1.1 for rocket scientist, EB 1.2 for PHd with 10 years and so on.. and do you think immigration system will get into this minute details. There are already three categories EB1 for best of the best followed by EB2 and EB3 and so on..(thats how US immigration does it). that doesn't mean EB3 are less talented people than EB2.. it is the circumstances you face while filing your GC. The problem is who will use the scale to check who deserves GC first and how they will judge who needs GC first based on what factors, protectionist attitude is not the solution and never going to help.. I hope i make my point.



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  • weasley
    08-16 06:31 PM
    SK2006 and snathan:

    I do not agree.

    First, there is no "profiling" in India. Everyone gets frisked and security at airports in India is top class.

    Rules are rules, provided they apply equally to americans and Indians. otherwise its profiling or discrimination.

    In 2000 December, I was travelling to Sydney from Mumbai Airport. I was held and later interviewed separately by a Tamil Speaking officer. Just because my name resembled like Srilankan Tamil. They wanted to ensure that I am not LTTE/or refugee travelling to Australia. Well, I was not offended. I just thought if these idiots have been careful before then would have avoided assasination of Rajiv Gandhi.





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  • copsmart
    09-24 08:10 AM
    This is not fair and good idea. what about people waiting in line for years and invested their money elsewhere because of this green card delays or those who do not have enough money and job in this market situation. All of the sudden you are brining this idea. This is not fair. This is kind of buying green card. There is a investment based green card category available for that. I request you to go through that channel if you are rich. Not all employment based green card seekers are rich. Please keep that in mind.

    thanks,
    aps


    You are not buying Green Card, you are buying home which you will eventually buy at some point down the road.
    I agree with Nixstor�s idea and I fully support it.

    Even if the proposal doesn�t work, it would at least give some awareness to the lawmakers that expediting EB green cards would pump lot of money into this country�s economy. Plus, it�s a great selling point for representatives like Lofgren, who is trying to help us by defending 100s of amendments from anti-immigrants like King and Smith.

    Not all EB GC seekers are rich, but they are rich enough to afford for a home.
    So please refrain from posting negative comments.

    BTW, feel free to give me red or call me jacka## like some other coward did.



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  • amitjoey
    07-03 04:59 PM
    If we report "Unofficial report of Scandal at USCIS". That will be picked up by everyone. I am sending it to all the reporters, please help out. We need hundreds of emails to be sent out to create the ripple, or should I say the flood.
    4th of JULY is a great day to get this published.





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  • softcrowd
    05-29 10:31 AM
    So, based on this prediction - Eb2 may not even cross year 2004 by end of FY2010 quota...Is my understanding correct?



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  • cinqsit
    01-14 01:51 PM
    V true.

    Folks, the memo clearly empowers USCIS to crack down on consulting firms which don't have any in-house infrastructure (other than contractors) to execute projects.
    H1B is misused for a long time now by these firms and it was high time they put the screws on these "job shops" as they call it. Unfortunately some talented workers will get impacted.
    But if they are talented they will find opportunities elsewhere. Trust me on that. And better opportunities.

    Nathan is exactly right. These firms have created a mess by bending rules everywhere.

    Don't start speculating that USCIS is trying to throw out all immigrants from this country. I'm surprised that folks don't take a proper view of the situation (yeah..bring the reds on and call me an anti-immigrant).


    I agree with a1b2c3.

    USCIS is going after these "job-shops" nowhere do they have a blanket policy written down to stop all H1-B's or greencards.

    Please dont get riled up and think that its going to affect your greencards etc too.

    Actually if you have been following these forums, last two years have been tough for small consulting companies to get renewals/new H1's approved anyways. They were asking for client letter and denying renewals left and right. Some
    were getting H1's denied saying the company office space is too small to fit 100 employees, your product/business plan seems to have been copy-pasted from online sources and what not. Please browse through H1 denied threads on this forums.

    I know its harsh on the employees but they will have to find employment with direct vendors.

    Contracting is a way-of-life for some big financial/insurance companies (if you are from NYC area you will know) its not going away nor is need for H1B's going away.

    USCIS is simply laying down the rules on paper (or in this memo) for what it has already been practicing for more than 2 years now with respect to H1B processing.

    I know its harsh on some employees who will be affected but you will soon realize that
    you will find better paying jobs/contracts. If there is a need and you are good at what ou do you are going to land up a job/contract no matter what even when you are on H1.

    These "job-shop" companies will be going away (good riddance) not you.
    You will still find work you will still find contracts with better pay

    If you are working on a contract directly for direct vendor isnt that much better than being 3-4 "layers" of these middleman "job-shop" companies who each take
    a significant cut out of your share?

    cinqsit





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  • brij523
    02-13 09:12 AM
    Lazycis, Some year back Rajiv did file class action lawsuit. It costed him 1/4 millions + dollars of efforts.



    I think the good start is to consult with Rajiv Khanna. He has an experience in class-actions/federal litigation and will tell whether it is feasible to go this way. It will cost $600 (approximately). To file a class-action complaint will cost around $10k. The rest depends on the lenght of the proceedings, but my estimate is another 20-30k. Peanuts comparing to lobbying :) IV may not want to go this way, as Mark Bartosik once explained, it may hurt its other efforts. If that's the case, potential plaintiffs can work with lawyers directly.



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  • gc28262
    06-16 04:47 PM
    Merit = Achievement

    CEOs Without College Degrees (http://images.businessweek.com/ss/09/05/0522_no_college_ceos/index.htm)

    http://images.businessweek.com/ss/09/05/0522_no_college_ceos/index.htm





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  • newtoearth
    05-02 05:35 PM
    ...



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  • lazycis
    02-12 10:33 PM
    Educate yourself, check these out:

    http://www.ailf.org/lac/asylee_adjustment.asp

    http://www.uscis.gov/vgn-ext-templating/v/index.jsp?vgnextoid=1dc6aca797e63110VgnVCM10000047 18190aRCRD&vgnextchannel=1dc6aca797e63110VgnVCM1000004718190a RCRD





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  • DSLStart
    09-23 11:44 AM
    Current homeowners who are waiting for their GC MUST also be exempted from cap. This clause has to be there. Without having any gurantee of getting GC these folks have invested their savings in buying home even when the prices were high, WHY because they had real intent of making US their permanent home. So these people should too be exempted from EB cap.





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  • gomirage
    06-15 06:26 PM
    dilipcr,

    To summarize, outsourcing cannot be stopped. Salary levels will always go down with time.

    Now you have reeally scared Dilipcr !!! lol





    CADude
    02-13 01:15 AM
    it's classic problem of supply demand and least resistance path.

    USCIS provides 3K/each category Visa# per country. What ever USCIS will do you can't fit 200K application in 9K/annum visa#.

    Last 3 years(since dec 2005) - EB3 India PD is beyond May 08 2001 only for three months and EB2 is enjoying the benefits of GC. Anyone noticed. NONE. So what happened, many EB3 choosen for convert to EB2 path. Now EB2 India is U so many guys degree with PhD, etc trying for EB1. It human nature and nothing wrong with it. Everyone wants GC ASAP.

    So bottomline, Demand is very high compare to Supply. unless USCIS get significant visa# nothing will change.





    lazycis
    02-14 12:19 PM
    No one can prove that USCIS intentionally took decisions so that they waste the visas.


    Well, I can prove it based on the recent name check memo.

    "In the context of removal proceedings, ICE has determined that FBI fingerprint checks and Interagency Border Inspection Services (IBIS) checks are the required checks for purposes of the applicable regulations."

    Wait a minute, isn't IJ able to grant AOS in removal proceedings? It means that the DHS acknowledges that it wrongfully interpreted regulations for all these years and that name check is not required by law (at least for AOS) as we were saying all along! Why did not they removed name check after they wasted 80k+ visas in FY 2003? Did not they know about it? Was it not intentional?

    I love also this part: "in the unlikely event that FBI name checks reveal actionable information".

    See also most recent Mocanu ruling
    http://www.bibdaily.com/pdfs/Mocanu%202-8-08.pdf

    "USCIS’s name check requirement has (1) never been authorized by Congress; (2) is not mentioned or contemplated by any fair reading of the current USCIS regulations; and (3) may not, without USCIS initiating notice and comment procedures, be used to delay action on Plaintiffs petitions "

    Why should people suffer because of government screw up?



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