Vatives galleries

Was a recurring contributor. $50 per months nearly contributed $600/-

Stopped contributing when the CIR 2007 failed, lost hope in the system, I am sorry for that.

Now after seeing the efforts of the member in the flower campaign and sanjose rally, I am getting my confidence back and started my subscription again for $50 per month.

Will do additional contributions.

No single person needs to spend $64000/- for the community, which are supposed to have a decent earning and educated.

Everyone legal immigrant now has some debt to pay to Aman and IV.

Please help yourself by making a little contributions, if we 15,000 active members and everyone is contributing $10 per month, it will be 150,000 dollors, which is a good amount for lobbying. I am sure everyone can afford this amount monthly.

Start contributing, and let us make our dream realized.

There was a topic where googler had explained that as per DHS employee, unused Eb2 Worldwide goes to Over subscribed Eb2, so Eb2 India and Eb2 China.

It appears that the policy was always this, but since there were no excess Eb1 in the last couple of years, there was no spillovers in the last 2 years, howeever this year there are higher number of unused EB1.

In fact the way it appears is :

EB4 unused ==> spills over to ==> EB1
EB5 unused ==> spills over to ==> EB1
EB1 unused ==> spills over to ==> EB2 world wide.
EB2 Worldwide unused ==> spills over to EB retrogressed.

So before any spill over to EB3, visas are given to EB2 category.

Since the unused EB2 visas are given to retrogressed countries, I believe that more visas are used by country that has more retrogression. But if there is any future movement in EB2, than both India and China could experience it.

From www.immigration-information.com forums, it appears that one of the important driving force behind the visa usage is the actual adjudication of cases from USCIS. Since generally USCIS does not really process enough cases to use all visa's(to ensure they are not wasted), every year there will be a need to have substantial movement in the cut off date to generate more demands for visa's, not just in AOS, but also CP.

Understood. Now you want all H1 L1 B1 everything to be stopped. So lets vote only for EAD/AP/GC till you get your GC. After that US should stop GC also, right? (but ofcourse, naturalization still should remain open for a few more years).

If one person can work for your job at $8/hr, and you are charging $100/hr, market would adjust itself to $8/hr (for a moment forget about who does this $8/hr, it can be a high-school kid, or anybody).The only reason why somebody blames that $8/hr kid for loosing his job is because he "thinks" he is "superior" to that kid. There are many situations where companies decide to retain "fresh college grads" and layoff "senior experienced" persons, to save money.

Don't take me wrong, but I also think the L1 is mis-used a bit. But I personally think the mis-usage comes from other factors (like H1 unavailability, employer prefer L1 because employee cannot change to another employer in L1, other H1 restrictions) etc..

.....I wish this bill passes with full effect

Done

Yes, PDF will be helpful.. I was just searching for some such info.. Thanks nraja

Is anyone make PDF about this rally? So, that we can circulate this by mail.

Ya, I was trying to angle it so it would look a little different but that didnt look good so I just left it.

5882 might be after the recess, as 6020 might take sometime.

MY VIEW ONLY.

Nice post, containing real facts.

You are purely thinking about your perspective and neglecting the purpose of GC for the country.
To qualify in EB1/Eb2/EB3 depends on some factors:

EB1: Extra ordinary candidate, may or may not be represented by employer
EB2: Senior Level: Job duties have to justify need for advance degree candidate (or BS + 5yrs exp) and then candidate must qualify too
EB3: 16 years of education (ideally) with degree in related field (lets talk IT for now)

Now current status and its cause:

EB1: - No jumping, no gaming system : Hence NO DELAYS

EB2: - Good chunk with genuine apps, some gaming system where applicant qualify but not the job, some gaming system and taking very high risk by showing BS +5 yrs (they actually don't have +5 factor), other jumping the category (legally :D) but taking very high risk for RFE

Result: Got retrogressed

EB3: Good chunk with genuine apps, some unfortunate ppl who do qualify but job doesn't support experience or higher pay, lot of gaming system with BS (3yr) in non Computer/IT and showing 1yr certifications etc, and everybody who does not qualify for EB1/EB2, lot of nurses (I heard someone said nurses in back)
Result: Severely retrogressed with no hopes in horizon

Now lets look at market demand ( we know supply of apps is pretty darn good)
EB 1: Very very high : general pay range starts from $250k+ and goes up to $400k for fresher (PHDs) and in upper $150k for Int'l Managers

EB 2:: High, general pay starts high $80k and goes somewhere $140k+,

EB 3:: good, starts from upper $40k and goes somewhere $65-70k, (lots of job and lots of applicant)

Now lets take a look at Supply of Apps (Assumption 1M apps already in system):
EB1: say 50K (5%) - (fast processing - Express lane)
EB2: may be 200K (20%) - (sounds good on paper but in realty slow but moving)
EB3: everything else (75%) (OMG :eek: stampede : frustration with no visible progress)

Now lets checkout preference:
Preference from perspective of country, what benefits country the most:

EB1: ohh : lets get them in ASAP
EB2: yes yes we welcome you please come in (after some long wait)
EB3: OMG its flood of ppl, use extra strong flood gate and keep them out as long as possible, and let them in with very low rate


Now This:
Like everything in the world, the fewer the qty the hotter the product,
the abundance kills the market, applies perfectly with EB2, in 2000-2001 it used to take 12-24 months and you have GC in hand, and now .. may be by my kids turns 16yrs, and EB3: 2000-2001 use to take about 3 yrs and but right then we started getting flood, and thanks to 200K H1bs in 2001-2.

End of the day EB1/EB2/EB3 all are immigrant and are victim of broken system (I�m sure EB1 disagree here with me because they enjoy express lanes), it need fix but is it high priority for law makers or we just think it is?
how desperate we are to provide help? or we are just good at reading/writing here and using IV and other forums for venting out? ask yourself

The list goes on and my analysis goes on, but these are just my thoughts thinking out loud,
and trying to think for a solution.... Next thought -> Solution, I will post in coming days

Can you please post the link

immigrationportal has reported only 2 cases of rejection for july 2nd filer. Their package returned back and received by party(around july 10th), per forum there.

Unfotunately what you are saying sounds cool except that its not true.
Job offer has to be valid on the day petition filed or the specific date mentioned.

If the job offer no longer exist, employer need to withdraw the H1. Until and unless employer does so, he is on hook to pay the employee.

The only argument against employee here is , employee did not report to work. If employee can prove (through email copies etc) that he actually tried to report but employer barred him, employer must pay the wage till the date H1 was sent for withdrawal.

Filing an H1 means that a job offer exist as of the day requested in the petition . For example, if the petition has a start date of Oct 1, 2010, and the petition is not withdrawn, employer is stating that he has a valid job opening starting October 1. No additional job offer/invite is required. The only time such invite *May Be* required (at PoE) is if the employee is travelling much later than the start date specified in the Petition.

I ban dr_vroeg for being confused...


Oh wait a minute! Wrong thread ;) ;P

indian outsourcers have not intrerest in GC- why should they? After GC they lose their stranglehold on the employees...all they want is more H1Bs...


And on this issue too (h1B), they may actually end up hurting themselves, given the current climate in the US. Its too bad (and really unfair) that our issues are usually linked with the H1B issue...:(

Did not quite understand your response. I looked in immigration.com before requesting you. If you know the thread please let me know I can look further by myself.

Thanks!

Look in home and post.

"You successfully signed Lou Dobbs' show spreading misinformation on Highly Skilled H1-B workers. petition.

Petition owner will manually approve your signatures."

## The above is the return message - who is this Petition Owner ??

Thanks

I'm the petition owner.

leave my indian employer soon. they are saying they have 90 days notice period.... which was set from india. I work in ohio which has "employment at will" law... I am not going to serve the full notice period..... but if they deduct any money..... I am going fight like hell.... planning to complain to DOL and state govt office......I will keep updated on what happens....

--> --> --> --> --> --> --> -->
Myself car1 car2 car3 car4 car5 car6 car7


As describe by you above scenario .how come even your fault when car 7 or all other front car come stand still or go below road posted speed. I would argue that car7 is the initiator and reason to disturb traffic not you even if hit from back side and cause ripple effect. I would say car7 is at major fault and you should defend your case and sue all upfront car drivers for not violating traffic rules and causing this much inconvenience.

Aman,
You are an inspiration to all of us in the IV community.
You are selfless and humble and these are amongst the most noble qualities a leader can have.
Thanks!
-S

I only knew of this movement today after reading the Washington Post. I will start contributing for now. I will do it gradually. I will also try spread the news to all people I knew who are also victims of the Visa Retrogression.

Thanks everyone for the feedback. Can some guru put this issue to rest? I guess the only question that remains is:

"For a person who has extended his H1 beyond the 6 year category on the basis of AOS, would this H1 extension be valid if I-485 is denied (either wrongly due to AC21 or otherwise)"

Hi Indyanguy,

This is an excellent question and I was also looking for an answer. I am into my 6th year of H1-B(exactly 5 years 1 month) and also have an approved EAD & AP.
I have a great JOB offer but hesitating to invoke AC21(moving using H1-B/EAD) because these days there are many 485 DENIALS( the moment I1-40 is REVOKED). And NOTHING is guaranteed even if we send the AC21 documents to USCIS. And the EAD automatically gets invalid anyways when the 485 is denied.
Doing some research to find out if H1-B extension beyond 6th year is valid if 485 - gets DENIED? (Example: If I get a 3 year H1-B extension based on my current I-140 approval)?

Also not sure if it applies in my case as I still have 10-11 months of H1-B remaining and if I decide to take up this oppurtunity in the next couple of months and 485 gets DENIED after that. May be I will have enough time to file MTR? I should be fine. But what if 485 gets DENIED after I complete 6 years?

Please provide genuine answers.
These answers will BENEFIT many people.

Thanks in advance.
Cheers,
Srini

Sent my contribution of $100

Ok. But how does this apply to immigration?

On the page you quote, below is what I see -

The Civil Rights Division of the Department of Justice enforces federal laws that prohibit discrimination in:

Education
Employment
Housing
Lending
Public Accommodations
Law Enforcement / Police Misconduct
Voting

The "per-country limit" is definitely unfair within the realm of employment-based immigration due to the outdated and irrelevant law which needs reform. However skewing this to make it a civil rights issue is pushing it a bit too much.

So coming back to Immigration (which is what, I believe, we are discussing), below is what I came across on congress.gov.

The Supreme Court has ruled that the Congressional power to regulate naturalization, from Article 1, Section 8, includes the power to regulate immigration (see, for example, Hampton v. Mow Sun Wong, 426 U.S. 88 [1976]

In other words, the Constitution does not specifically mention immigration but based on the above, delegates power to the Congress to pass laws to regulate immigration. This Article of the Constitution also clarifies the part about rules for immigrants and quotas being set at the Federal level and not State level.

The above is a fact, not my opinion. Therefore, No - I do not agree that your reasoning has any direct parallel to our case since the correct approach and reasoning involves challenging a Supreme Court Ruling on Article 1 of the Constitution, which you would agree is next to impossible.

There are far too many points here to address at one go. Let me touch upon this for starters:

The Article 1, Section 8 has this clause, regarding the power of congress:

Clause 4: To establish an uniform Rule of Naturalization

Are we disputing the fact that congress has the power to establish a uniform rule of naturalization?
No. We are not. We are just saying, that the current Rule of Naturalization is in violation of the discrimination clause in the constitution, and ought to be disregarded. We are not asking to strip congress of this power, so this argument you make is not relevant. Agreed?


More later ..