Wednesday, June 8, 2011

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  • Ramba
    03-14 12:07 PM
    People with EB3-India may not expect any kind of fast movement in near future, unless law changes. It will be in snail phase. It is waste discussion to analyze howmany people filled EB3 LC from India in 2002,2003 etc. Generally EB3 is very high demand catagory from all accross the world. EB3 contains skilled worker catagory including cooks, nurses, and so many many non-professional occupations. All the discusion are focussed on demand by Indian IT folks, by ignoring other spectrum of the demand by other group of peoples. Therfore no matter what; EB3-India will get only 3000 EB3 GC per year (Approxmatly 1500 primary).

    1500 LC per year EB3 India is a tiny fraction of the demand by EB3 India. Therefore best advise in EB3 India folks to convert into EB2 to get use of early PD like 2002 or 2003.

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  • factoryman
    02-12 12:15 PM
    we have to take the word from IV as truth but with a grain of salt. As unitednations alluded to, this push is coming from Employers. That should make us worry and STOP this grab.

    Believe me, efforts are underway full swing to grab these unused EB3 visas. Apart from the references I made in my post, I also am in touch with a Staffing firm that recruit nurses from non-US countires.
    We have discussed a lot about things in this forum. Every person came up different thought, links etc and moreover our goal of adding I-485 in this feb bill.

    After reading all the post mentioned by IV core, it is clear that no one can do anyting about it, there is no lobbyist that can force this to happen

    So our struggle is useless, some may not agree to it because, they say they are pushing and trying to make voice that can be heard by the congress.

    Congress did not listen to those million illegals on what grounds we expect our voice to be heard.

    I say it again, our struggle is useless. When they wish then only something might happen.


    Read my post, if you have already not done so. (

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  • unitednations
    03-24 08:06 PM
    There is a logical fallacy here. What you are saying is:

    Suppose country quotas exist to limit abuse
    There are country quotas
    Therefore abuse is limited

    The very fact that you are complaining about abuse in the system disproves your proposition.

    it's very easy to make assumptions of how the system works in this country when people want a solution that fits their own particular needs.
    When people have been part of this society for less then 10 years; it is a very, very short time to understand how the system works and the whole history and what goes on behind the scenes.

    I've said this in the past; many people walk around with eyes wide shut. Do some really exhaustive work of the history of immigration; the debates that happened when the laws got created; what has passed, what hasn't; what uscis/ice/dol is doing; request for evidence, denials, consulate refusals; underbidding of contracts, etc.; you may come up with different conclusions then what you may currently believe.

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  • lalithkx
    05-01 05:44 PM
    ID - 06X444536Y562853V
    through Paypal

    $20 every month for the last year



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  • Canadian_Dream
    12-01 01:54 PM
    I think this an interesting discussion in the forum in a long long time. Allow me to jump in.

    1. For those with labor stuck in BEC's, file PERM (2 months) +I-140 Premium Processing (10 days). Get a three years extension and move on to a new job. A new job always involve new challenges and learning is an excellent way to channel your energies. Point being there is a way out of the mess !!!
    For others invoke AC-21 in I-485 stages.

    2. Studying is another very good idea. What you study should be your personal decision. Doing MBA, or Acquiring new technical skill at local Universtiy or certifications (CCNA/CCIE/PMP). There are always things to learn and a good way to advance your career without GC.

    3. For non-working spouses there is very little they can do, but Non-Profits is way to start and see if you can get an H1B later from the same or a new employer.

    In nutshell you can cope up with this frustration by taking control of things that you can !!! Do not let this mess affect you more that what it should be.
    For the rest let's help IV in any way we can. Have a good weekend.

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  • stucklabor
    03-20 07:26 AM

    I am working from a reading of the actual bill text.

    The student visa provision on adjustment of status says that it applies to everyone who would have been in that position if the new visa would have been in place when they graduated - i.e., it is retroactively applicable. In addition it clearly says that it is applicable to students who join an accredited graduate program in STEM to obtain an advanced degree. The contrast with Specter is clear - Specter's markup clearly mentions PhDs, where Frist's bill only mentions advanced degrees. I really haven't mentioned the 1 year provision and the $1000 provision in my earlier posts. Those are givens.

    If you can tell me why I am wrong looking at the bill text, instead of from a bill summary posted by someone else, it would be a lot more helpful to everyone on this forum.

    Please read section 405 of Bill Frists summary for his bill

    It clearly mentions that the immediate application of I-140 and I-485 applies to f-4 visa holders only that too if they find a job in their field within 1 yr of graduating. and on payin $1000
    it remains to be seen which category is elgibile for f-4 (only phds or more). it is possible that some current students on f-1 will be eligible for conversion to f-4.

    for rest of f-1 students it simply allows for 2 yr OPT instead of curretn 1 yr.

    it also implies that the labor cert exemption does not apply to already graduated MS or PhD STEM degree holders with or without 3 yrs exp.

    my 2 cents


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  • sanju_dba
    08-05 03:15 PM
    prospects in India/USA/Canada for experienced vs freshers.

    - I am interested to see your thoughts based on above factors.

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  • needhelp!
    03-04 09:56 PM
    I have received a response on my request last year to USCIS for information on number of AOS applications pending. Here it is: (
    February 24, 2009

    We received your request for information relating to Adjustment of Status applications in the employment-based category. You have specifically requested the number of pending employment based AOS applications, (excluding approved, denied) filed with USCIS since 2001, for each of the following countries and categories:
    - EB-2 China
    - EB-2 India
    - EB-3 China
    - EB-3 India
    - EB-3 Mexico
    - EB-3 Philippines
    - EB-3 Rest of the World

    Your request is being handled under the provisions of the Freedom of Information Act (5 U.S.C 552). It has been assigned the following control number: NRC2008065126. Please cite th is number in any further inquiry about this request.

    In order to extract the information you have requested, a customized computer program will be required. You will be charged for the time it takes to write the program as well as the time involved in running the query to extract the date. You will not be charged for duplication, review and search time. We estimate the cost to be $5000.00. Due to the time and effort involved, you will be asked to sign an advance fee agreement before we proceed with your request. In addition, a deposit of $2500.00 payable by check or money order, must be paid within 30 days of the date of this notification. Please make your check payable to the United States Treasury, Failure to submit the $2500.00 deposit within the time frame given will result in your request being administratively closed.

    In order to assure that we provide the information you seek in the format you have requested, we ask that you clarify the information sought. Employment based status is broken down into the following 14 categories.

    Page 2

    E21 203(b)(2) PROF/EXCPTNL ABILITY
    E22 SPOUSE OF ES1 OR E21
    E23 CHILD OF ES1 OR E21
    E26 203(b)(2) PROF/EXCPTNL ABILITY
    E28 CHILD OF ES6
    E30 203(b)(3) CHILD OF E36, E37
    E31 203(b)(3)(A)(i) SKILLED WORKER
    E32 203(b)(3)(A)(ii) PROFESSIONAL
    E34 203(b)(3)(A) SPOUSE OF E31, E32
    E35 203(b)(3)(A) CHILD OF E31, E32
    E36 203(b)(3)(A)(i) SKILLED WORKER
    E37 203(b)(3)(A)(ii) PROFESSIONAL
    E39 203(b)(3)(A) SPOUSE OF E36, E37

    Are you asking tha the information we provide be broken down into the categories listed above, or may we group all EB-2 categories and ass EB-3 categories together?

    Please define priority date.

    You have asked for information concerning the country of chargeability. This information is not assigned until the application is approved or denied. Since you have requested information on pending applications only, this information is not available.

    If you have any questions concerning your pending FOIA/PA request, please address them to this office, Attention: FOIA/PA Officer, or call us at 816-350-5570, or fax any FOIA/PA related correspondence to 816-350-5785.


    T. Diane Cejka


    I will post a scan tomorrow

    From what I understand, they aren't able to get the numbers by country of chargeablility.

    Its funny they are asking me to define priority date ! :)

    Here is the original letter template sent to USCIS

    FOIA Request for number of pending Employment based AOS/I-485 Applications

    John Doe,

    200 Main Street,


    National Records Center, FOIA/PA Office
    U.S. Citizenship and Immigration Services
    P. O. Box 648010
    Lee’s Summit, MO 64064-8010

    Dear FOIA officer,
    Several Employment based categories have been retrogressed for 4 years now and the exact number of pending AOS applications sorted by priority dates in the employment-based category is unknown. Department of state has been establishing the cut off in priority dates based on educated guesses and approximations. DOS and none of the Employment based applicants know the number of applications pending per category, per country sorted by priority dates. DOS visa office expressed similar concern in Oct 08 bulletin.

    “Little if any forward movement of the cut-off dates in most Employment categories is likely until the extent of the CIS backlog of old priority dates can be determined.”

    This information would be helpful in determining the priority dates accurately and in determining when a visa number will be available for a given priority date in a certain category. I request you to provide me with the number of pending employment based AOS applications, (excluding approved/denied) in the following categories sorted on a priority date basis from 2001.

    EB-2 China & India: Number of employment based AOS applications pending with USCIS sorted by priority date on a yearly basis from year 2001 till now

    EB-3 China, India, Mexico & Philippines & Rest of the World: Number of employment based AOS applications pending with USCIS sorted by priority date on a yearly basis from year 2001 till now

    John Doe.


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  • suniel2008
    05-19 06:29 PM
    Just made a $100 contribution through Personal Check.

    Hi guys,
    i have been a silent admirer of IV so far but looking at the constuctive steps IV has been taking i registered today and mailed a $100 personal check.IV is doing a greta job and carrying everybody together with a great spirit.keep it up

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  • rockstart
    07-17 07:17 PM
    You are talking as if IV made this change possible. This is nothing but conspiacy theory that you have made up. It was entirely CIS decision to reinterpret the spill over rules. I had never heard any of IV member on this forum or in state chapter updates talking about spill interpretation campaign. This has been a suprise for most people ( a pleasant for some of us) You tell me what can IV do here tell CIS to revert back to EB3 ROW in which case both Eb2 & Eb3 Ind remain U for time eternity.

    Yes, what I posted was meant to be hard,
    ask a EB3 person if he was happy when EB3 was available and Eb2 was not.
    Did any one try to justify the reason why EB2 was UNAVAILABLE? No.

    Did anyone here feel unhappy that EB2 moved so nicely? No.

    Then why are we not seeing a single post from anyone which says we as aspiring immigrants are not being failrly dealt with when EB3 did not move with EB2.

    Instead we see posts about why EB3 is not moving and explanation of reasons behind it.

    Is there a hidden agenda here, NO. Not from IV, am i trying to prove something like that? I dont think so.


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  • mhathi
    06-24 09:38 AM
    Boss, any suggestions here?


    Just apply for taxes normally next year with your wife's SSN and you will get the rebate next year

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  • looivy
    09-20 06:12 PM


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  • patbose
    04-28 10:44 AM
    Contributed $50.00 thru Paypal Transaction ID: 15N44450GU5515353.
    Keep up the good work IV .

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  • jsb
    08-19 02:47 PM
    If you have plans of doing an MBA in future, then Canada would be a better option than US. Otherwise as uma001 points out, doors are closed for most professions except 38 occupations.

    H1bslave, in your case your PD is Sep 5 EB2. I see something in the distant horizon. PD of 2007 and beyond or EB3-India I see no hope.
    Atleast you can survive on a lifeboat called EAD and AC21.

    Note that list of occupations changes constantly. I lived in Canada for 20 years after coming as PR on point system. It works well there, if you think money is not everything. Education is equally good. People, of course are far nicer and friendlier. Even border immigration and custom staff show a friendly face and attitude..


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  • hai_yeh_gc
    06-10 04:35 PM
    EB3 sucks as usual. Just to Feb '02 by end of FY-2010? :mad:
    Now I'm not even sure if I'll get it ( PD Jul 02 ) in FY-2011

    Happy for all you EB2 guys who will be current soon..
    Enjoy ur green. :D

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  • GCwaitforever
    06-19 05:28 PM
    Yes but that is when the provisions of the bill come in to effect.
    There is another clause which says "Any pending visa applications filed before the INTRODUCTION of this bill will be counted under the old system". In other words all the I-140s filed after May 15th ( Or June 19th) will have to be re-filed under the merit system if they are not approved and GC received when the Bill is in effect. That Effective date is the one you are refering to. Introduction date is when the bill was added to the senate calander.

    Yes. On page 291 bottom, that phrase is there (line number 40, section b). It talks about keeping those petitions intact. I believe the effective date is still October 1st 2007.

    There is a reference about labor certification applicants keeping their priority dates. The expectation could be that BECs will clear all petitions by September 30th 2007 and there would be a rush filing for I-140s before October 1st 2007.


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  • RandyK
    03-20 05:08 PM
    Dude, don't judge everybody with the same yard stick.

    Gotcher has been very helpful for a lot us who are looking for anwers. You may not agree with his analysis for personal reasons, just keep it that way.

    Don't try to just come up with stories.

    Even if he gets some publicity so what? Atleast he is earning it by helping a lot of people.

    i dont think its a controversy. mr. Gotcher does not agree with the interpretation. Maybe its a way to generate some additional revenues for his firm by increased traffic to the blog and potentially a class action lawsuit on behalf of the ROW people.

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  • indigo10
    05-18 01:11 PM
    Very easy way to convey our message, Thank you very much IV and Pappu.

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  • lvinaykumar
    04-10 10:15 AM
    i just moved to a new consulting company around 6 months much better then my last company. Any way if you are still looking for some fulltime jobs Capgemini is looking for some. Let me know

    07-22 10:55 AM
    I have been to the indian consulate couple of times and what I have seen so far is that people staying in the US take the consulate officers for granted.

    People take the token and start filling up the form in the consulate itself, they will be at the window and will be pasting photograph or filling up the form itself on the counter.

    I think the consulate officer should ask people that will you behave the same way at an US consulate??

    People become impatient just waiting for 10 minutes as if they entire indian consulate has been waiting for them to show up at the office.

    The way we Indians behave boarding a flight in US, the same does not happen in India. The way we behave with the consulate officers at Indian consulate does not happen at the US consulate. Why do not the same people trying filling up the form at the US consulate or try pasting photograph and even run to grab the original when they are at an US consulate.

    We want the same level of professional at the Indian consulate then we need to show the same level of professional at Indian consulate that we show at US consulates.


    Interesting observations Deepak. Issues are not very simple and are very deeply rooted to even think about changing them. To begin with there are tooooooooo many mouths to feed and people still dont realize the importance of population control:(:( Whe demand heavily outweighs available resourses then competition increases (basic to Darwinism). Primal instincts of survival come into play and behavioural modifications visible in the western nation are easily wiped off. Generally people have a desire that things be in an order but unfortunately due to the population stress prevailing in India, "disorder, corruption, favoritism" are the "order".
    Will your generation be able to see this change? Possibly not?
    Introduce the same stressors in the west and you will notice the same habbits surface here too. Natures way of dealing I guess??
    One thing is for sure; If you practice non-violence in thought and action then chances are that your surroundings will ultimately reflect that same back to you. The way you react is most important than what the surroundings actually are. :D:D:D:D:D
    Just read through a few posts in this thread and you will see "different" types of reactions and the ensuing emotions....That is all going no where. It all goes back into the global cloud of emotions and thoughts that you and me subscribe to, to live through this life.....Putting good out and taking good in is the only thing we can do...

    07-15 04:29 PM
    My numbers are not 100% accurate , but it gives fair sense of the current situation.

    Hello All,
    I was reading the posts, I somehow believe there are some variations among EB2 categories, of what we all have been calling I,II or three.

    It is not not primarily based on salary only, I believe, it has more to do with the nature of your job, job title, size of the company, type of company, for profit or non-profit.

    My wife is a University professor, applied for our GC, EB2 India PD date august2007. We got our labor approved in a less that 2 months, we got our I40 cleared in 5 months, ( applied in January 08 got approved in June).

    I believe , we are able to move so fast in this process was mainly because the type of company she works for, in this case the non profit institution.

    Now at this point in time, I would like to ask all the gurus, are the dates going to move fast in next few months?



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