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  • vdlrao
    07-21 06:49 PM
    For 2007 we had an availability of 226,000 Family Based Visas. But the issued visas in 2007 in Family Based are 194,900 visas. That means there are 226,000 MINUS 194,900 = 31100. These 31,100
    unused Family Based Visas have been made available for 2008 Employment Based Visas of 140,000. And USCIS has 28,795 unused VISAS of American Competitiveness in the 21st Century Act of 2000 (AC21).


    American Competitiveness in the 21st Century Act of 2000 (AC21) had recaptured 130,107 visas.
    Out of that 94,000 were used in 2005.
    7,312 were used in 2007.

    So dont know when the available 28,795 unused VISAS of AC21 will be used again.



    The unused family based visas of 2007 are 31,100 , which are going to be added for Employement Based Visas of 2008. So the total Employment based visas for 2008 are 140,000 + 31,100 = 171,100.

    Theses 171,100 EB Visas of 2008 will be split like, asuming USCIS is not using the availble 28,795 unused VISAS of AC21 below.


    (If USCIS decides to use some or all of 28,795 unused VISAS of AC21, then the available Employment Based VISAS of 2008 increases accordingly. )

    28.6 percent each EB1, EB2 and EB3. 48934 VISAS for Each Category.
    And 7.1 percent each EB4 and EB5. 12148 VISAS for the last two EB categories.


    So in 2008 the total Visas for EB1 and EB2 are 48934 + 48934 = 97868 plus unused EB4 and EB5 visas of 2008.



    The total EB5 Visas usage never crossed 824 in the past 10 years(Average Usage is 376/year).

    So there would be 11148 visas available for EB1 from EB5 (assuming 1,000 visas are used in EB5 which is highly impossible)

    The unused EB4 Visas may be couple of thousand or null, based on the past 10 years EB4 usage (7,223 is the average usage)

    Assume there are only 2,000 EB4 VISAS unused in 2008 (defenitely it would be more unused).

    So IN THE WORST CASE the total EB1 and EB2 Visas for 2008 are

    48934 + 48934 + 11,148 + 2,000 = 111,016


    IN THE BEST CASE, ASSUMING USCIS USES ALL 28,795 unused VISAS of AC21 FOR 2008 AND THERE WOULD BE 5,000 UNUSED EB4 VISAS, THE TOTAL EB1 AND EB2 VISAS FOR 2008 ARE GOING TO BE 111,016 +3,000(EB4)+ 2*(28,795/3) = 111,016 +3,000+19196 = 133,212



    Total (EB1+EB2) from 1998 to 2007 --> 35737, 23401 , 47821, 84222, 78484, 29859, 63825, 107328, 58871, 70859



    So IN THE WORST CASE the total (EB1+ EB2) Visas for 2008 are

    48934 + 48934 + 11,148 + 2,000 = 111,016



    IN THE BEST CASE, ASSUMING USCIS USES ALL 28,795 unused VISAS of AC21 FOR 2008 AND THERE WOULD BE 5,000 UNUSED EB4 VISAS, THE TOTAL EB1 AND EB2 VISAS FOR 2008 ARE GOING TO BE 111,016 +3,000(EB4)+ 2*(28,795/3) = 111,016 +3,000+19196 = 133,212



    ----------------------------------




    Type and class of admission 1998-- 1999-- 2000-- 2001-- 2002-- 2003-- 2004-- 2005-- 2006-- 2007


    Employment-based preferences 77,413-- 56,678-- 106,642--178,702--173,814--81,727--155,330--246,877--159,081--162,176

    First: Priority workers 21,375-- 14,844-- 27,566-- 41,672-- 34,168-- 14,453-- 31,291-- 64,731-- 36,960-- 26,697





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  • amsgc
    07-04 11:53 AM
    Please post good reliable estimate of cost for applying with ALL possible break ups. I know the following only!

    Cost of applying = application fee ($795 ??) + Lawyer fee + others (= medical + pictures + ...)

    Also, which parts are lost if we have to re-apply!

    Avg. For 1 person
    ------------
    Cost of Applying: $395 + $170 + $180 = $745
    Attorney fee: $2000
    Medical: $300
    Pictures: $25
    Total: $3070

    If we cannot apply in the next one year, money wasted:

    Attorney fee: $2000
    Medical: $300
    Pictures: $25

    Total: $2325 - This money we will never see again. Add to this misc. expenses incurred - gas, printing, phones, courrier. Next time we will have to spend this amount again, and more as costs go up with time.

    Ofcourse for some misc. expenses ran into thousands so





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  • pune_guy
    07-08 01:59 PM
    Hi,

    I have an approved labor and I-140. I have applied for I-485 during the July 07 fiasco and also have EAD and AP. It has been more than 180 days and I am toying with the idea of using AC21 to switch jobs. Recently I got the copy of the labor approval and found that that the OCC code (17-2072.00) and OCC title (Electronics Engineer) in the approved labor does not match with the title (Software Engineer) filled in by my company. All the other details like requirements and experience is pertaining to a software engineer position. But the approval came with "Electronics Engineer" job title.

    This may be due to how the job description in the labor application is written. It does not have the word software, instead it uses the word solution such as "design, develop and test client-server solutions for semiconductor equipments". What I actually do is develop software applications to automate semiconductor equipment.

    My question is can I use AC21 to switch job with title "Sr. Software engineer", where the job is same/similar to what I currently do? The OCC codes for this new job will not match with the one in labor?

    Does this mean I am stuck? or can I change jobs and this can be explained to the immigration officer if I am called for an interview during adjucation of my case?

    I'd appreciate your opinion in this matter.

    Thanks





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  • jayleno
    07-21 06:17 PM
    I'm enjoying this thread more than I enjoyed the predictions one. I'm imagining a qucikstar star reading this thread and smiling to myself. My wife thinks I'm reading a joke on the internet.

    Keep them coming guys.



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  • Kodi
    05-25 11:13 AM
    Is there a site that gives step by step instructions to filing for canadian PR? Like what sort of documents you need and when?





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  • unitednations
    02-13 12:12 PM
    Forgot to mention one more thing.

    They don't need to get the greencard approved before the i-94 card expires.

    They only need to file the 485 within six months of expiry of the I-94 card. Once the 485 is filed then they are in a period of authorized stay.



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  • gc_lover
    06-27 03:43 PM
    I am sorry to say that all EB-3 and EB-2 dates have gone back to 2001. Please check DOS site.















    *******You want rumor.....I will give you rumor ************

    We want rumor not heartattack. ;)





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  • jkays94
    07-11 10:00 PM
    One of my friend was so frustated with this situtation , that he even explored IT jobs in gulf countries.He was telling me IBM has big presence there & with US experience , you can get manaegerial position with almost double salary.Also its nearer from India.


    Not to mention that if the offer is good and depending on the country, it is not uncommon to get a tax free salary, housing, 2 round trip tickets to one's home country for the individual and their family, in essence your major cost will likely just be food!



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  • PlainSpeak
    01-13 06:47 PM
    I am not sure why everyone is complaining but your post has quite a lot of facts as well, well written !!
    Whaaaaa Whereeeeeee Whennnnnnnn
    Ooo my gosh is it possible that there is one person on this forum who got the intent of the post

    Now my mind is telling me (Careful this is about to blow up in my face. This person is going to do an about turn and start abusing you as to how you are not needed iun this forum)

    Well no way to know but here goes

    If you really meant it - Thank you for the input.
    If you did NOT mean it - Thank you all the same





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  • anilsal
    11-12 11:57 PM
    As for the people who have benefited, there is something to be said about being in the right place at right time.......

    Curious as to how many of them will have negative feelings towards CIR, SKIL or H1B quota increase. I am sure the percentage will be high.

    Lots of big companies have made use of this labor substitution.



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  • rick_rajvanshi
    05-25 11:21 AM
    Is there a site that gives step by step instructions to filing for canadian PR? Like what sort of documents you need and when?


    Go to CIC web site and download all the forms and instruction book you need in pdf - Fill them yourself - Pay fees - Follow instructions which come after filing - Simple process.

    start here http://www.cic.gc.ca/english/immigrate/index.html





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  • pointlesswait
    09-23 01:01 PM
    well said sayantan..

    This whole idea of linking GC to probable purchasing homes..is insane!
    it stops short of black mailing...


    The 700Bn or whatever the final number is not entirely a drain.....

    the thing with all these exotic securities is not that they are completely worthless but that there is no market for these right now and hence are illiquid - so if someone had the ability to keep these securities for a long term (say 30 years - since most mortgages are for 30 years) on their balance sheet - they may not lose as much money as they would if they tried to liquidate these investments in the short term.

    Financial Institutions typically borrow short term to invest in long term investments and keep renewing the short term borrowings - since the underlying investment has become illiquid - it has become difficult to raise financing against it. the govt, howver, can take a long term view and be patient....who knows.....in the end - the Govt may actually come out with positive cash flow at the end of all this mess. So, the bail-out plan may not be as bad an idea as media is portraying it to be.........in short-term - it does take US into further indebtedness.

    I already have a GC - so this debate does not impact me personally - but this is against the basic principals of natural justice.......GC applicants were placed into certain EB categories based on job descriptions and qualifications and then within queues assigned priority dates based on certain logic and are currently being approved based on PD and country quotas..........all these rules were known and published prior to companies and people applying for these GCs.....

    No matter what the incremental benefit is, I think its blatantly unfair (like it was blatantly unfair to push some people to labor backlog centers and approving people with later PDs first) to change the rules of engagement and prioritization midway through the process and give preference to someone based on an ability to invest certain $$s in an house.......buying a house is a commercial and lifestyle decision........should not be a precursor to a USCIS adjudication.......

    keep the red dots coming folks!



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  • chanduv23
    07-04 11:28 AM
    While it is totally understandable that everyone get angry when rubbed in the wrong way - we must all remember that we are immigrants in this country and the country is currently driven by perception about job loses, terror plots, security threats etc..

    In discussion forums or free speech forums, be very very careful - it is easy to trigger anger and get into heated discussions.

    Please tone down the rhetoric and also tell your friends also.





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  • gc28262
    01-24 05:16 PM
    If you think Memo is illegal why can't you file a lawsuit. That should be right way. But I did not see any suggestion from any lawyer. But when when July 2007 issue cropped most lawyers rushed to file lawsuit. Now no one even suggesting lawsuit except some members in IV. Either most are not interested or they think no legal basis to contest memo

    I am filing a lawsuit. Want to join me ? :cool:

    Please read this
    MurthyDotCom : H1B Memo on Employer-Employee Relationships and 3rd-Party Placements (http://www.murthy.com/news/n_e-erel.html)

    Read the conclusion. I am sure that won't make you happy.



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  • sri1309
    10-30 06:52 AM
    instead of dividing those who have house and those who will buy if they get gc ..we should focus on more visas and faster approvals (maybe temporary green cards !!) ..no need for more divisions ..there will be congress session for second stimulus bill ..IS THERE any chance that we can push for recapture by telling the congress that 200K highly skilled immigrants are waiting for GC and after that most likely they will buy a house ???? (give a rough figure ..no one will verify the exact number) please think about this !!! lets have another campaign as soon as possible
    -------------
    WASHINGTON (Reuters) - U.S. state leaders, trade groups and economists descended on the House of Representatives on Wednesday to help work out a second economic stimulus bill that one influential Congressional member said would be introduced on November 17.

    Representative Jim Oberstar, the Minnesota Democrat who chairs the House Transportation and Infrastructure Committee, told a hearing on jump-starting the stalled economy that Congressional staff would be meeting throughout the month and a stimulus bill would be introduced when Congress reconvenes next month.

    Time to push it.. 200K will buy houses is quite believable given the points that we have monies to do it, and given the market. We need a campaign. Also once the new President wins, never forget to congratulate him and at the same time request help.





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  • GCard_Dream
    10-18 06:11 PM
    You are absolutely right. I don’t understand these people who keep comparing US with Canada and there are fair number of these people.

    The reason you came to US and didn’t go to Canada (or any other country for that matter including your home country) because you prefer to stay in US and you like what it has to offer you. So obviously you’ll always find something that you don’t like in other countries. This is not to say that any one country is better or worse than any other but you came here because you feel that this country has more to offer you than other countries and that could be a very subjective decision. Trust me there are plenty of people who would never want to migrate to US.

    Having said that lot of us are thinking about leaving because US is making harder and harder for people like us to stay here and lot of us don’t want to put our lives on hold for years and years hoping that may be one day I’ll hit the jackpot called green card. On the other hand, lot of us don’t mind waiting and have been waiting for long time. It’s a matter of preference. Remember you are supposed to be a guest here. Do your work and get the hell out of here. Only 140000 guests are allowed to stay back and rest have to pack their bags. I mean that’s the real intent behind this quota system.

    To make long story short, for lot of people US is not the option available on the table so quit comparing US against others. Just think about where you might end up if you didn’t move to Canada and compare that country against Canada.


    What's your choice? Home Country and Canada. The choice isn't between US and Canada. If you had an option to live in US you wouldn't be talking about canada.

    If you compare US to canada you are all set for disappointment. The taxes are higher and jobs are definitely harder to find. Eveything is a little more expensive compared to US. (If you look at books CDN prices are always higher). But on the other hand, houses are way cheaper. What cost 600 K in SF Bay Area costs 350 K in Toronto suburb.

    Canada still has a higher standard of living than Europe/Australia. I recently met someone who's been in Canada for 40 years and he told me that the highest tax bracket is 35%. It used to be 45% about 10 years ago.

    Anyway, compare with going back home not US.



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  • shensh
    02-15 11:33 AM
    No, the intention behind the 7% limit is to protect levels of European immigration and address racist fears of immigration from the 3rd world. This was also the intent behind the diversity lottery - notice the consternation that the diverisity lottery is primarily benefiting non-Europeans.
    What is the basis of your claim my friend? What is the "racist fears of immigration from the 3rd world"? Do you know that "traditional" European country such as UK is not even qualified for Diversity visa?

    Please do not spread fear based on your narrow understanding of the law. UN is right in pointing out that every law has and should have an equalizer.

    Please read this from US Dept of State:

    "Diversity visas are intended to provide an immigration opportunity for persons from countries other than the countries that send large numbers of immigrants to the U.S. The law states that no diversity visas shall be provided for natives of "high admission" countries. The law defines this to mean countries from which a total of 50,000 persons in the Family-Sponsored and Employment-Based visa categories immigrated to the United States during the period of the previous five years. Each year, the USCIS adds the family and employment immigrant admission figures for the previous five years in order to identify the countries whose natives will be ineligible for the annual diversity lottery."





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  • crazyghoda
    10-16 11:38 AM
    A lot of EB2 folks are getting excited about getting the spillover from EB1 and EB2 ROW but has anyone contemplated that lots of EB3 ROWs will now start at looking at porting their dates to EB2 just as most people from EB3 India are?

    Boy, I sure wish I was a lawyer! If this system remains as screwed up for another 20 years, I am surely sending my kid to law school :D





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  • pdjan2003
    11-09 08:39 AM
    One of my friends informed me about immigrationvoice.com few months back, I am EB3 with PD Jan 2003 and currently waiting to file I-485 for last one year. It is frustrating to hear how some of the companies are bypassing and jumping ahead on the line. I thought I get some opinion; I am curious why this isn't being bunged. Although using a pre-approved labor is a legal thing, how much of sagacity does it really have? Within my little 10-12 friend circle I have had atleast FOUR people who got their GC within 8 months through this same company - KFORCE, Rapidigm Inc., utilizing pre-approved labor. It seems this company lures people with a condition that they will process their GC within couple of months, isn't this using the legal system at their business advantage.

    What can we do to stop this, it is frustrating to me as I am waiting for close to four years with my GC process and been in the US for 7 years. At the same time, I see people who have been in the US for 2 years has their GC. To me this legal system does not make any sense and is a clear proof of injustice. I am thinking of talking to a legal attorney to see if this makes a justifiable case and if possible file a lawsuit for scrutiny against this company or any company that uses this facility for their benefit. May be I am overreacting and this is the reason I am posting it here to get an opinion, what do you guys think ?





    hiralal
    06-11 08:12 AM
    ratturani, i am seeing an increasing number of posts that state the facts as clearly as you have stated... thats great... now i think somewhere some day, someone will float a good idea of motivating employers such as MS, Intel, BAC etc to fight for us instead of trying to motivate only the congress... see, we dont have too much of power in congress... :-(
    very good points.
    this is what we do till infinity ...discuss discuss discuss.
    open more threads, discuss discuss discuss.
    end.
    we discuss more than the congress.

    let us come with small numerous campaigns to highlight the contributions of legal immigrants..atleast that will prevent people from getting bored





    gc28262
    05-31 09:46 AM
    I agree but complete removal of county quota is almost impossible ...diversity is just a name !!! US political system in super advanced in many ways(US contitution was written centuries ago and is much better than Indian ..remember the foreigner becoming PM issue and multi party mess that India has) ..my guess would be that country quota limits were introduced to prevent one country nationals from becoming a eventual majority . ofcourse the migration from south Am is another issue)
    and hence a better bet would be recapture ..

    Country cap is a racially motivated law. It has to be challenged for both EB and FB immigration.

    Please refer INA 1965
    http://en.wikipedia.org/wiki/Immigration_and_Nationality_Act_of_1965

    Highlights:
    During debate on the Senate (http://en.wikipedia.org/wiki/United_States_Senate) floor, Kennedy, speaking of the effects of the act, said, "First, our cities will not be flooded with a million immigrants annually. Under the proposed bill, the present level of immigration remains substantially the same.... Secondly, the ethnic mix of this country will not be upset.... Contrary to the charges in some quarters, [the bill] will not inundate America with immigrants from any one country or area, or the most populated and deprived nations of Africa and Asia.... In the final analysis, the ethnic pattern of immigration under the proposed measure is not expected to change as sharply as the critics seem to think.... The bill will not flood our cities with immigrants. It will not upset the ethnic mix of our society. It will not relax the standards of admission. It will not cause American workers to lose their jobs."[2] (http://en.wikipedia.org/wiki/Immigration_and_Nationality_Act_of_1965#cite_note-1) The act's supporters not only claimed the law would not change America's ethnic makeup, but that such a change was not desirable.[1] (http://en.wikipedia.org/wiki/Immigration_and_Nationality_Act_of_1965#cite_note-.2770s_268-0)



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