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NNReddy06-15 07:52 PMI am certainly hoping that I will get by EOY 2011. It's more than hope, I feel pretty confident that by that time I should get it. Just mark my words, come back on dec 31, 2011 and check with me. You have to believe before you get it. Have faith guys. Sooner or later the man who wins is the one who thinks he can!!!!

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logiclife06-28 07:25 PMcan you name this firm please?

Also, anyone using Murthy/rajiv Khanna might want to ping them and get their thoughts on this. Dont know if it matters, consensus now is that dates can go back mid-month and USCIS can also stop accepting applications.

Like I said, after AILA's memo came out yesterday, all the lawyers who were saying "it wont happen" have suddenly flipped and now they are saying "Anything can happen".

Sometimes I wonder what are we paying them for if we have to send them URL from AILA about various memos and directives? Isnt it a part of job description to keep an eye out on what's going on at USCIS ? It is available on websites for the whole world to see after all. I wonder how efficient these lawyers were when Internet didnt exist and everything was thru phones and postal services.

And ever since the dates got current for the whole world in July, lawyers are snapping back when you email/call them as if its our fault that dates suddenly became current for the whole world ? If its too much burden, then maybe its time to look for some other profession. No one is putting a gun on your head saying : "Be an immigration lawyer".

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mbawa257402-15 04:03 PMu r missing my point..
Again you are saying it's a SKILL cap. We can agree business may hire whoever they please but don't pretend that they only hire based on SKILL..
when someone says let business hire the "best and brightest", that's my problem, he implies the best and brightest are concentrated in only two countries so that's what's insane, that's why he won't be taken seriously.

Who is preventing people of ROW for applying H1b or Green card EB ? Employers look for availability of talent not for country of origin and anyone who competes in the global market wins. If ROW countries have less people with marketable skills or less people who want to work outside their countries,it is not the problem of Chinese or Indians. There is no logic with Employers being forced to wait for visa numbers to comply with diversity. There should be a FIFO system without any country of birth barriers. USCIS wastes more annual visa numbers due to these country caps. Lets make these guys fine tune this immigration system which is actually against the free market capitalist principles of this country.

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NolaIndian3202-13 11:20 AMOk - so what is it going to cost us to get a consult with Rajiv Khanna? Anyone know this? Until we have more details on this, I commit $25 for this first consultation. (I will gladly raise the commitment once I know how much this will cost and if IV Core Members support this initiative).


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oguinan02-15 11:48 PMouignan,

You can see that the UN panel is aware of the fact that racial discrimination manifests itself in disproportional representation (note the reference to the composition of the Supreme Court). It can be argued that the 7% country limit provides a pretext to discriminate against India/China/Mexico on the basis of ethnic or racial origin, and as such would run afoul of the convention.

I enjoyed that article, it's a great find. To be fair, it does offer both opinion and history. I do agree that the 7% limit is unfair but the answer is to increase the supply of green cards so that all qualified applicants get their green cards. The racial element is something everybody should be aware of. It's important that we all have a good understanding of the history of the immigration laws, in the united states and elsewhere. Perhaps "History of Immigration Laws" would be an interesting thread on it's own. At the very least we should add the wikipedia references that we discussed earlier into the resources section.

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rajsenthil05-01 05:43 PMAnd who told you that they are being opressed - have you been to Sri Lanka and if yes which places did you visit to see the Tamils being opressed .

The terrorists who come to fight in J&K from Pak say they are fighting because Indian Army and govt is opressing the Muslims . Is that true also ?

Seriously I don't care - my personal opinion that in this particular case it is none of our ( India's ) business to meddle in Sri Lankan affairs when they are on the verge of getting rid of a menace they have . Terrorism is not a solution of anything . Only peaceful times can bring happiness and prosperity.

I did not travel to SL but had one my classmate from SL. He is an SL Tamilian and joined me in my school. His parents were taken for interogation and they never returned. Father was killed during interogation and mother died in between the clash. He was bundled in the truck by his neighbor and shifter to India. I dont believe that SL Tamils are treated equally. I really hope that there would be an end to their sufferings. It is unfair to make an incorrect statement. Their own Army Chief Pon Sekara made a open statement that the SL Tamils has to live like a secondary citizens. When thousands of innocent people are dying and trying to justifying is equal to committing the murder.

The blunder LTTE did is assassinating Rajiv Gandhi. But again Indira Gandhi was assasinated. Even the SL PM Rajapakse assassinated the editor who has written a column about the civilians sufferings.

I accept that terrorism is not the solution. It is easy to tell that way from a safe place and hidden from the truth.


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tikka07-03 06:39 PM tin - 107 _Americans/who- 127

we can also digg the comments

thank you

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vjkypally07-24 05:10 PMAgree with few points in your argument though overall it went little overboard. Whisky Line??? Are you implying there are no lines in US? Ever heard about GC Line???????:))))))I havent waited for 5 to 7 yrs in India for anything and not got it. Maximum I waited would be Tirupati temple for 12-14 hrs:)


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bayarea0707-22 06:03 PMGood One !!!

While we are all sharing about our Amway solicitation experiences, let me share what I've seen in the last few years.

Background: In the last 6 years, I've been approached over 2 dozen times in the Bay Area. Things got so bad that the same guys have approached me more than 3 times in some cases before realizing that they've already talked to me before.

Incident #1:
A guy approached me while I was at the mall saying "hi" and striking up a conversation. During our short chat, this 20-something desi guy proceeds to tell me that he is the CIO of Fox News. At which time I pull out my iPhone and look him up using my LinkedIn app under the guise of adding him to my network. Turns out he is an engineer at a local company which he covers up by being embarassed and saying "I haven't updated my profile." I joke about how he moved up in his career so quickly - he then makes an excuse and walks away. I never hear from him again. Another reason to love technology!

Incident #2:
I get approached while shopping at the local GAP store. Being a veteran of this form of solicitation, I respond by saying that I work for the San Jose Mercury News and that we are doing a story on Multi-Level Marketing schemes. I ask him if he knows anyone who would be willing to chat on the record. This guys says "Nope, don't know anyone" and walks away. I never see him again...

Incident #3:
I am at the Nike store and get approached by this guy asking me if I work at Google (I do not). I tell him "Nope" and walk away before he can ask me another question. I have been approached by this same guy 2 more times at other stores (within 6 months) asking me similar questions. The 3rd time, I tell him - "We've spoken before - No, I don't work at Google, No, I'm not from Delhi and No, I'm not interested in what you are selling." He is stunned and walks away with his tail between his legs :)

Incident #4:
The local Fry's is a popular hang out for Amway-types. I learned the hard way because I made my first mistakes here. Both guys that struck up a good conversation with me turned out to be Amway types. After the 2nd phone call, I tell them that if they call me again, I will report them to the authorities and Fry's for illegal solicitation and harassment.
This stops both people in their tracks. I never see them at Fry's again!

Bottom-line: Hold your ground, use technology and don't be afraid to kick them around a little bit. Saying "No" is golden!

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delhirocks06-27 09:39 PMIam a little skeptical about the AILA comment, If USCIS had "far more than 40,000 AOS applications that are ready to be aproved", why the heck would they make all the dates current.

Some argue that they wanted to gauge the true demand for GC out there. But in order to do that, they would 1st have to accept the application, go over it, acertain the number of beneficiaries involved etc..

Out of all the versions that I have seen floating around, I find this the most plausable, undoubtedly USCIS has a ton of pending applications, but a lot of these are struck in various sub-procceses (Name check etc), since they do not want to waste the visa numbers like last year, they are inviting additional applications so that if nothing else, easiest of cases go through.

Not to say, what AILA is saying cannot happen, 'coz who knows how these things really work. USCIS is this big black hole...

According to the AILA, approximately 40,000 visas remain in all employment-based categories, other than EW, for FY2007, according to its sources, and that the USCIS has far more than 40,000 adjustment applications in the backlog queue that are ready for approval, not to mention the additional numbers which will be consumed in concular immigrant visa processing. It is thus possible that the cap may reach within a short period in July, even though no one can predict it until after July 2, 2007. The USCIS at this time does not have any policy announced with reference to July 2007 I-485 filings which are filed after certain date in July when the total number is exhausted. However, considering the fact that the USCIS currently rejects the "Other Worker" category I-485 applications even though June 2007 Visa Bulletin show current for certain applicants because the "other worker" category quota was exhausted on June 5, 2007. This raises a serious concern because as we reported earlier today, the USCIS appears to be picking up the speed of processing of backlog I-485 applications in anticipation of flood of July 485 applications. The USCIS hands may be tied, should the EB visa numbers for FY 2007 is exhausted before the end of July.


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sk200608-17 01:16 AM"India to take SRK detention issue strongly with US ". This shows that the govt. of India has got no better things to do, but feels that VIP treatment to movie stars is more important than nation's security. Moreover SRK visit to US was purely personal to promote his film and has got nothing to do with govt. of India.

This part amazes me most.
He is an actor on a personal visit and now govt of India has to intervene.

And look at the protesters.
There are thousands of more important issues in India and they don't bother them while detention of SRK makes them protest. Hight of stupidity.

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akred09-23 12:11 PMCurrent 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.

A better justification would be that doing so will avoid bringing new supply on the market from people moving to their native countries.

FWIW, the home I bought in 2001 is paid off, but I wouldn't mind buying another one if this comes through.


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Jerrome09-24 10:24 AMWhen can I get my gc based on these uscis data for sept 2005 eb-2.Please suggest me.

100% by this time next year.

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ramus07-03 04:29 PMI digged it..

Lets digg this please..


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royus7706-27 03:49 PMI 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 ************

why you stopped at 2001 ......go all the way to 0 for christ sake

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eb3retro07-26 10:39 PMarkbird, I cant help but LOL on your post. Thank you, you made my day. Good response.

Here is one potential answer...

Yes, you will retire at 40 because no self-respecting person will come near you let alone hire you so I guess you will have to retire and that $xxxx/per month, please feel free to replace it with disability (of course mental!) benefits from your state! ;)


I am not with Amway or Quixtar but I think the folks with Amway/Quixtar are under represented on this thread and it's not fair :-)

Just to add another dimention to this thread I will play the devil's advocate :D

Here I go ...

You guys are all wasting your free time bitching on this thread where as we are spending all our free time growing our business. We will retire early as we would make $xxxx/month for nothing when we turn 40 and dont need to work anymore where as all you guys bitching about Amway / Quixtar will still be working hard at your jobs till 60.

What's your response ?



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texanguy05-29 12:34 PMI think as someone said this guy was randomly throwing numbers out there. How come his analysis does not account for remaining 36K EB1 and EB2 ROW applications. Is he suggesting that all EB1 and EB2 ROW are being used up also. Very hard to believe that for 2008 and 2009 with the way the economy is going. Lot of product companies where most of the ROW 485s would likely come from have stopped applying perm since last summer. There is a huge flaw in this analysis and its not as pessimistic as it seems.

BUT, then again we need legislation to wipe the slate clean and clear these 200K applications, so there is a new build up of visa demand and wait times are tolerable for current applicants and future applicants.

AFAIK the major movement in the visa bulletin in last 3 months (july,august,sept) is not because of spill over of the EB1->EB2->EB3 form the same country, but using the leftover visas from countries like Nigeria, Fiji, Uruguay where the applicants for EB1 & EB2 are often in less than 3-digit numbers. I am surprised that Mr. Oppenheimer never addressed this spill over in his talk at AILA -where Murthy bulletin claims that this information has came from, or may be Murthy lawyers didnt take all the notes of the meeting?? :)

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Macaca01-18 08:48 AMIs H-1B working at a gas station a bad apple? Yes.

Non-Indian staffing company keeps $150/hr, 25 years back. Is this a bad apple? How much can a staffing company keep? Why? Who decides it? Has Hilda L. Solis decided it for for US workers? Why should Janet Napolitano decide it for H-1B?

Contractor salary and benefits come from his/her billing only. Most US workers are not paid on bench/benefits. Why should H-1B be paid on bench/benefits? Contractor can be paid on bench/benefits only by spreading the billing over bench/benefits (thereby reducing paycheck). Why is this a good apple?

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eb3India08-03 06:03 PMlabor subst is good for those who can use it and of course it'z not fair for others,

Is Immigration process is a right place to talk about fairness,

my point is labour subst is not hurting is big time, Itz just some of us get jealouse when they see others getting ahead of the line

IV needs to focus itz energy on much broader issues

eeezzz07-17 11:35 AMI don't agree with your arguement. Spillover can happen in any quarter and you don't need to wait until the last quarter for it to happen. with EB1 and EB2 being current, the spillover into EB2 I and C will start from November/December of 2008 itself
What makes you so sure the spillover can happen in the first quarter? Is there an example in the last 10 years? You may have forgot Feb. 2008 bulletin. If what you say is true, why it was U for EB2-I on Feb. 2008? No one in USCIS can take the responsibility if the spillover in first quarter causes EB2 RoW with cutoff date later, as they can't predict if there will be enough(or not) applicants to fullfill the quota. Therefore, spillover can only happen at 4th quarter. Unless if there's really mininum of usage, then it may start at 3rd quarter, but I don't think it will ever happen at 1st quarter.

Here is the Feb 2008 bulletin.

Despite two retrogressions of the India Employment Second preference cut-off date, demand for numbers by CIS Offices for adjustment of status cases has remained extremely high in recent months. As a result the annual limit for the India Employment Second preference category has been reached, and the category has become “unavailable” effective immediately.

aamchimumbai04-28 10:42 PMAll!

Will the no labor substitution clause will affect in any way for the following situation -

1. Company A - labor cleared, approved I-140 and now moving onto Company B. Can the old labor PD be ported to the new labor certification and new I-140 approval with Company B.

I am assuming that the labor cannot be used for anyone within Company A. Right ?

What are your thoughts.



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