Kama Of Kingstone

I'm going to say this once more. As much as we try, we cannot bring the Indian community under one umbrella to act together. It's a pipe dream and not achievable. I've experienced every possible Indian specimen there is in the Bay Area. Indian community in US can NEVER be like the jewish or hispanic community. What we need is representation in the corridor of power (AKA Congress/ Senate), period. No number of phone calls from mere mortals like us will equate to one phone call from big-wigs such as Vinod Khosla or Indra Nooyi.

If you are wondering if I have done anything, here's my contribution.

I approached the CEO of my company to raise my concern. My CEO was graceful and said that the government relations team in my org was already working in Washington D.C to address retrogression issues. I was given an internal point of contact who briefed me on the effort. Call it their need or greed, the "white man" seems to be more helpful in this regard.

There is no "single best strategy" - Microsoft's Ex-Chairman has testified to the Congress many times and it has been well covered in the media.

Your efforts are very well appreciated. There needs to be multi efforts, IV's efforts being just one of them. There is no stopping people to take initiatives at the State Chapter levels. What we need is more motivated leaders like Pappu, Logic_Life, Aman, Paskal, NeedHelp!, ...................., and a lot of support from common people like us ............

To highlight other point of view and keep the debate balanced... It ain't rosy on the other side(India) either.

There is a severe shortage of highly skilled personnel in India too.
For those talents , salaries have gone through the roof. Add to that rupee has appreciated a whopping 11% this year...significantly compromising cost advantage.

attrition is a problem to get anything significant done . There are many stories of companies moving out of india due to attrition.

and for those outsourcing companies like wipro , infy etc where name of the game is pure staff augumentation/outsourcing ..... immigration issues will hit their business too.


Add to that all the peripheral issues with doing business in India ....poor infrastructure, cultural issues and overhead/risk of managing distributed teams etc ...

Pure outsourcing/staff augumentation business model employed by Indian bell weather IT companies is finally being challenged.

Simply put: There ain,t free lunch, anywhere.


IMO: Purely from career standpoint , getting a greencard and staying put in US, is still the best option by a distance.

I just replied to your another post on State chapters.
we have some activities going on related to meeting lawmakers.
Please send a PM to Paskal for details.

google Group name is iv-mn-mw

I do see your point about the unfairness of allowing the old PD. In that case, what do you say about the cross-chargeability provision ? I guess the percentage of people availing of that provision is small, but it does happen.

For example, If you're from India and in EB3, but your spouse was born in a non-retrogressed country, you automatically jump to the earlier PD in your category, EB3-World in this case. Maybe the percentage of such cases is low, and hence there're no protests from the people waiting. I personally know of one colleague who had a later PD than me, but got the EB3-World PD since his spouse was born in Zambia. If EB3-World was current, he'd be green simply because his spouse was born in the "right" country.

Unfair ?? Maybe - but it's legal and allowed. My point is that getting an older PD in both cross category and cross chargeability are allowed today and people will continue to avail of them is they can. As long as the USCIS doesn't have issues with that, applicants will attempt to migrate between categories and countries, during their im-migration process :) Couldn't help myself with that pun there :)

Yes, your point is entirely valid. I didn't know about this cross-country provision. Another unfair provision.
In fact, my point was that unfairness should be dealt with on all possible fronts. If the system works properly, nobody will need to do anything that is even remotely unfair.

I have a strong gut feeling that 2009 would be a good year for EB3. They will start approving more cases I think.

On Friday, Obama Press Secretary Robert Gibbs officially announced that the President was scheduled to call a small group of Congressional leaders and political leaders to the White House to open a dialogue on CIR next Thursday, 06/25/2009. Troublesome was another statement that recognizes the facts by the Press Secretary at the same press conference that the Congress did not have enough numbers to pass a CIR legislation. As we reported earlier, for a CIR to pass the Congress, it should pass both the Senate and the House. However, it is the House that lacks enough numbers at this time to pass a CIR legislation this year. There are a plenty of House legislators who represent districts that are politically not affected by the Hispanic population and their political pressures. These legislators usually form a group of Democratic represenstives who are either conservative and middle of the road in the political ideology. The situation tends to be different when it comes to the Senate that is consisted of legislators based on their statewide consistuencies as opposed to the House representatives that represent small neighborhood and district constituencies. The Senators' decisions are thus derived more from broader national political or statewide political issues and interests of the whole party. For this reasons, for the past several years, the Senate initiated and was able to pass CIR bills which have ended up in the ditch when it moved to the House floor. The background behind the Press Secretary's announcement downplaying the potential success of CIR within this year is their motivation to control unrealistic rise of expectation in the CIR supporting community on the President's initiatives that can also end up in another ditch with potential negative political fall-outs to his political leadership. The current politcal landscape and environment then raise two questions. The first question is whether the President and the Democratic Congress will have enough energy and zeal to successfuly change the existing political landscape, particularly in the House of Representatives, within such a limited time within this year. The Congress will soon go into the Summer recess and the remaining legislative days in the Congressional calendar for 2009 are very limited. The second question is why then Senate Majority leader, Sen. Harry Reid, has been spinning in media on his agenda to take up a CIR bill this fall with the full realization of political reality that can be ditched again in the House. It appears that part of such spinning is related to his own political future. His seat in the Senate will be up for reelection in the national mid-term election in 2010 and he needs a strong support from the Hispanic constituency in the State of Nevada. The Hispanic population has been rapidly growing durng the past several years in the State of Nevada. His push for a CIR will achieve his political calculation, no matter whether the bill will pass or fail in the Senate. Again, the chance for a CIR passing the Senate in 2009 is indeed very good as the chance for Senate Democrats pulling together 60 votes may turn realistic, particularly as affected by the final result of the current Senate election dispute in the State of Minnesota. In the very near future, the Minnesota Supreme Court is likely to hand down a decision sustaining the election of Mr. Al Franken, a progressive Democrat, as the next Senator, over the conservative former(?) Senator Norm Coleman. For the discussion per se, let's assume that the CIR fails to pass either in the Senate or in the House. The Senator Harry Reid will still get all the credits in his Hispanic constituency in the State of Nevada for his initiatives in the Senate to legislate a CIR!

All in all, year 2009 will turn out to be the only year that can pass a CIR because this is a so-called leap-year when there is no national reelection and the House members will be less affected by their activities this year. The key is whether the President Obama will have enough energy, steam, and polical motive to make a full-court pressing and arm-twisting of the conservative Democratic members in the House within a "very" short period of time, within this Summer or early fall at the latest. Currently, his and Democrats' top two reform agenda stay with the nation's health care and energy reforms. Until we see such full dedication and commitment of the President to the CIR within a given time, one should not raise the level of his/her hope or expectation too high as it will indeed bring out really devastating frustration and hopelessness in 2010 in that considering the November 2010 mid-year election, the chance for CIR next year will turn out to be very slim because of the rerunnng Democrats in the election from small districts that are not affected by the Hispanic political pressures. Until we see such solid momentum and heat of passion on the part of the President leading to quick actions in the near future, all the media campaign and spinning of news by the White House and the Senator Reid may have to be taken with caution and discount.

still waiting patiently :)....

For all Eb3s along with EB2s with PD after April 2005, the movement in the coming visa bulletins wont be much encoraging unless the new Obama government does something significant about employent based category or immigrationvoice does a fruitful lobbying. The doings of something by obama government to employment based category is not in our hands. The only thing we could do is to help IV and help ourrselves by contributing to it to reach its financial target for better lobbying. Or else wait for the Visa Bulletin every month with great hopes, sorry dreams, for your PD to become current, and satisfy with your EADs for years ahead

As everyone knows that AOS for those who already in US and CP is for those who are outside US (theoretically). It is a personal choice for a person in US to file either 485 or opt for CP. The reason for CP was a popular choice due to 485 processing delay between 2001 and 2005. Between 2001 and 2004 all EB categories were current for all countries. No one heard of term retrogression in that period. No one was worried about EB2 or EB3. However due to severe processing delay (partially due to increased security check due to 911) in 485 applications during that period, it was taking about 2 years for 485 approvals. During those entire 2 year period visa numbers were current and did not fluctuate as it is happening now. Therefore people opted to go for CP, as US consulates in abroad were not busy. They scheduled the interview right away as PD was current for all categories, during that 5 year period. That�s why CP was popular choice that period. Now, in the retrogression climate and continuous fluctuation in PD (back and forth movement), opting CP is a blunder mistake. Furthermore, now (at least before July 2007 fiasco) 485 approvals are so fast. If PD was current, USCIS was approving 485 with in 2 months before July 07. Therefore one should not even think about CP, if already in US unless if you are in EB1 or EB2-ROW category. Therefore 485 is the only option available to enjoy subsidiary benefits like EAD/AP/AC21. If any one already filed CP, to switch back to AOS they must wait till visa number available to their PD again. It will be a long road, and it complicates. As already mentioned, there is no technical ground to award EAD/AP for CP persons if already in US. If IV goes and talk to USCIS, they will laugh. To achieve same result, one can lobby for administrative fix like awarding EAD/AP for a person whose 140 was approved and legally present in the US in a valid non-immigrant status. This may be possible.

the quaterly spillover.. is that just speculation.. or has USCIS confirmed it?

I dont see any news release saying that there will be X number or quaterly spillovers...

Can IV get some kind of inputs..on how sure are these quaterly spillover rumours??

Just my 2 cents, but I think the quarterly spillover might not happen (Hope I am wrong) for various reasons...

1. If they do quarterly spillovers allocating the left over EB1 to other categories, then it is theoretically possible in the last quarter that, if there is a surge in EB1 applications, CIS might be left with not enough visa numbers for EB1 , and subsequently EB1 might not reach the 28% (or whatever this number) of total employment GCs. This situation will further compound the problem for CIS...Given the situation, this might not be practical, but theoretically possible...So CIS might be thinking, "why have the headache to deal every quarter when the numbers will be clear in the last quarter"

2. Since the spillover also includes Family based to EB, this even more complicates the above issue.

3. Well, administratively it is easy for CIS to issue the spillover visas once at the end of the year, rather than do 4 times a year at the end of each quarter. I guess less work with the same result...

This is really sad and very unethical. As my lawyer would put it, the I-140 is owned by the employer that's why he was hesitant at first to give me a copy. So I guess, your employer can do this. I think he knows that you won't have the gut to expose him since this will also put you in an awkward situation since you paid for your labor and I-140 which, strictly speaking, is against the immigration law.

Think of other ways to get even with him.

can we stress on getting unused 100,000 unused visa numbers from previous years in mean time as a short term relief!!

is new bill required for doing this ?

My wife and I will be flying from Los Angeles. I am already working extra hours to take 2 days off. It will be once in a lifetime opportunity to raise our voice in DC and meet lawmakers.

Buck up other states..

wow Im surprised 42 votes managed to get up there. How many total votes do you usually get for these kinds of things? all those crazy mystery people out there... wheeeeee

Hopefull,

Why did you choose your screen name as 'Hopefull'? Are you hopeful about yourself? Or are you hopeful about others? Or may for everyone? Either way your message and tone of your post doesn't sound hopeful for anybody. Could you please consider changing your screen name to "HOPELESS"? This would help eliminate the hypocrisy due to your screen name. What do you say?

BTW, Full Time job is NOT a virtue. Kindness towards the environment you live in is a virtue. Let’s all HOPE and pray that you could gather some of the real virtues of life.

EB3-I.

EAD Card production ordered as of 8/19.

E-filed: 7/11
Receipts: 7/18.

No Finger printing notice received. This was at NSC. Mostly will get 2 years EAD as my PD is nowhere near to current but will update everyone for sure once I receive the cards!

I'm not sure how voting on this site is going to improve the chances of this bill. It is simply an application site 2 companies have created. It does not do us any good by voting on such site. It is like voting on petitiononline site annonymously. Pls help me understand the benefits if I am incorrect in understanding this site.
Pappu

As mentioned earlier, If people really want to do something, Join your state chapter ASAP. We are planning a massive campiagn in the near future. The decision to pursue it will depend on the strength and execution by chapter members.

I am from Ohio and tried several times to join State Chapter. I did get PM from a member last week who asked me to get him my personal info, which I did but no rsponse from him..

Can you suggest a link how can I join SC?

Best..

RV

Has anyone polled to see if it is everyone or only EB2 case, any service center, country.

My GC got approved almost a three weeks ago. I stayed with my employer through the whole GC process till now. Now I want to move on with better job/salary.
My attorney suggested to stay with the company for atleast 6 months as it may cause issues during the citizenship application. He also mentioned, employer has the right to revoke the approved green card.

Is it really true, employer can revoke the green cards, just merely for switching jobs.
I have my doubts that they can. Did anyone else heard anything similar.
I tried looking at the web but could not find any written law by USCIS on this.

We have been calling and talking to ppl all over new england area.
But we have hardly been able to get a convincing number of ppl to attend the rally.
Have you watched the bus thread for New England Area. 26 votes, can you believe that.

We definitely need to get more innovative. I dont know what ppl want, so they can be motivated.

Sometimes i think being educated is a curse, as ppl become more scared and are fine adapting to the system.

Look at the ILLEGALS at least they came out openly. They dared to come forward and i am sure they will be rewarded sooner.

LEGAL ppl who have nothing to fear are then also they are more scared to do anything. So this is the right time for me to express my opinion LEGALS ARE FOOLS.

Please dont be mad at me, i am just frustuated with ppl responses, but one thing for sure, i will keep on motivating ppl in whichever way i can do.


Ok Guys! Enough of the negativity.

I took up your challenge. Though I live in a relatively rural area and initially felt I couldn't go due to bad flight connections etc. I decided to just go online and look for a flight and see how it goes. I found a good deal and booked it just now. Though it is just for one day go 17th and return 18th evening, I felt it is our final shot to be heard until 2009.

It is a flight to Baltimore airport which I understand in 30 miles away.

Now my question is, Is there anyone who is willing to host me and/or drive me to the rally?

FYI those of you in Michigan, you can get really good deals on northwest to baltimore.

Any takers????

I will take it :D
In that case, at least you will have your EAD and AP and can change your blood sucking deshi consulting company after 180 days and can peruse better employment opportunities.

Lost in the big hoopla of 1 yr jump and hopes of similar advancement for others in May VB are the following facts.

1. USCIS is about to raise fees for all immigration related procedures beginning from June 1st
2. Visa quota ends in September and it takes on an average of 4-6 months to process I-485.
Let me detail 2nd step. If they move dates forward by say 1 yr and thousands become eligible for 485. They will accept those cases, get fees from those lucky souls and make the dates unavailable after 1-2 months. Remember last year they were moving dates by 6 months till they made it UNAVILABLE for August and September.

EB2 India - 15-FEB-05
EB3 India - Same