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kaisersose's Immigration Cases

It is the exact same effect.

The assumed ratio of primaries to dependents is 10:21. Therefore, this proposal will have the same effect as increasing the quota from 140K to 294K.

The problem with this proposal is it is tantamount to increasing the green card quota.

How many politicians/law makers are game to increase the green card quota? Hardly anyone. Not because of all the red tape involved in making it happen, but simply because it does not make sense for American prosperity to allow such high numbers of foreigners into the country - which is certain to have a egative impact on the economy in future.

Many people often do not realize that a major factor behind American prosperity is this country is not crowded (over-populated). I am sure the majority of lawmakers would like to keep it that way.

Not to mention that the green card quota has been increased 4 times in the last few decades and here we are with a huge backlog. Any increase now will similarly be a short-term effect with another group of people asking for more a few years from now. What would you do, if you were a politician? Will you keep increasing the quota every time there is a backlog?

sangiano,

As I understand, the proposed points based system awards more points to the Lettuce picker than the IT programmer. The justification is demand + not replacing an American worker. As I have said earlier, it is easier for the American to accept a foreign janitor than a foreign white collar worker. Most Americans have a hard time accepting there is no one in America to do the white collar foreigner's work.

This was also stated as the reason why DOS made all EB categories current in July 2007 - to avoid all the waiting EB applicants to fall behind in a line of a millions of unskilled workers, based on the points based system.If that is true, then we should be thankful, this proposed system did not come to pass.

To the OP,

You have been eligible to change jobs since Feb 2008 (2 years ago), your PD is almost close and yet "you've had it enough" and want to move to UK?

I don't get it.

This rally is not about you. This is about legalizing illegal aliens in the country + allowing more of them to come into the country, but this time legally. This is about the janitors, the lettuce pickers, the mowers, the chicken-herders, etc., - the people America cannot do without.

America has the perception that white collar foreign workers (Eb1/2/3) are not really required. They feel they should be having those jobs and the foreigners should go back to their home countries. Now they may be right or they may be wrong, but with 10% unemployment, the majority is inclined to be in favor of the former.

For this reason, there is no incentive in participating in such a rally.

Hi,

At least we have EAD and AP if we want them! We are alive and healthy! There are jobs to be had.
Cheers,

LRIndy.

That is precisely the point. Thank you!

I beg to disagree that you cant predict the movement on a monthly basis based on the monthly allocation and based on what the data DOS and USCIS presented. We dont need MIT or Stanford student to predict it a high school student can do the math.

And clearly, the high school student math failed.

Like I said earlier, this is a complex process involving various factors and it would be presumptuous of us to assume we have got a handle on this entire process and our math failing can only mean DOS is not doing its job.

Finally, I am a strong supporter of the following:

The guys in America are no superior on any front. Do not think that you came here, because you were smarter!! Gross incorrect. Actually, it is other way around. For most, we could not fit in Indian market/society and we were lucky enough to board this boat thereby getting a chance to save a buck that is why we are here! You may be smarter, but you being here is not a benchmark to believe that you are smart.

Agree fully. Many Indians coming to the US feel they are a cut above their counterparts back home.

About the topic of this thread, there are four classes of Indians relevant to this topic.

A) Indians living happily in India.
B) Indians living happily in the US.
C) Indians unhappy in India, who think think they would be happier in the US.
D) Indians in the US who think they may be happier back home.

There are no problems with A and B and also, A = B.

People of class C may be right because they have not had the chance to live in in the US and make a real comparison.

But D is a problem. They can always go back but instead they choose to continue in the US and long for a life back home. Their problem is they want both, which is not realistic. And these unrealistic goals make them miserable. People in Class D, should step up to make a decision and move to A or B. It does not matter which as one is not better than the other.

The bulletin is disappointing to you because of your unreasonable expectations.

Sometime ago, DOS clearly stated their expected projections for this fiscal. Due to various factors, it is impossible for them to get into more detail & predict movement by the month.

The quota is the same, regardless of date movement and if you are in place to get a visa number this year, you will get it. It may happen next month or it may happen in September. There is no way of knowing and building up hopes basedd on ludicrous reasons like "the bulletin is late, there must be good news" or my family astrologer said this month is good for me, my lawyer is optimistic, etc., can only lead to disappointment.

Again, it is *impossible* to predict visa movement by the month or the quarter. It can only be tracked by the year, in which case expectations on the bulletin should not be disappointing until the Sep bulletin is out. A month wise prediction is not possible for DOS, immigration attorneys, IV, Indian Astrologers, MIT or Stanford. It is best to stop speculating each month.

The bulletin dates cannot magically create more visas. The quota of available visa numbers for 2010 remains the same even if they make all dates current. In other words, people do not get their 485s approved based on date movement; they get their 485s because there were enough visa numbers to allocate.

Looks like some people think PD movement is enough for them to get their cases approved.

My cousin was flying from Buffalo, NY to Dallas. He was quizzed at the Buffalo airport as he was a foreigner and as he did not have his passport with him as this was local travel, but they told him they could not let him go. They called his employer, looked him up in an outdated database which showed his OPT had expired. But he is on a valid H-1b which was not reflected in the database. Then the officer said they had a "second database" which showed his H-1b and then they let him go.

Henceforth, carry a passort main page copy + work authorization evidence, even if you are just going to the store down the street to buy milk. You never know...

Gurus,
Also, i heard that an individual has to work for the sponsoring company for 6 months to one year .

Thanks,

That was in the 90s - before the AC21 law came into effect. Back then, the applicant could not change jobs and had to stick with the sponsor until the 485 was approved and as a sign of intent, it was also recommended he/she stick with the sponsor for sometime after approval.

AC21 changed all this. Now the requirement is you work for the sponsor for 180 days after 485 approval. And then you are free to work for anyone as long as you comply with AC21 requirements.

In other words, you are safe and it is time for champagne to flow.

I would not use the AP.

Go to your local CIS office (Infopass) and get your passport stamped. That is sufficient for international travel and also makes it easier for you at the US POE when you return. AP requires more time at POEs.

The one piece of information that we are missing is the number of EB applications filed at CIS and CPs per year (with priority date and filing date).

And this is why we are having this discussion as we are not clear on how many Eb1s approved in 2009 were actually filed in 2009 (or were filed earlier).

Hi may2003

Thanks for your reply. She was working in the company for the last 3 years and moved to US 6 months ago. The company is interested in hiring her. Since she meets the requirement, can the company sponsor her?

Thanks in advance!

Yes. She meets L requirements. If the role is managerial and the company can prove she had people reporting to her back in her native country and will have people reporting here in the US, then she qualifies for L-1A. if not, she qualifies for L-1B.

The process should be simple enough. The company's attorney will handle the paperwork.

I agree with most of the above, but you are making an assumption on the number of Eb1 filings in 2009.

Your assumption is, number of approvals were high in 2009; it follows number of filings were high as well.

I am saying that is not the case as most of these 2009 approvals were filings from 2007 and 2008, where 140s could not be premium processed and took several months.

You admit there was a huge spillover in 2007 and 2008, but not in 2009.

You say that was because there was a higher number of filings in 2009. I say, the reason is not a higher number of filings in 2009, but CIS stepping up to clear 2007 and 2008 backlogs. Recall, there was no premium processing for 140 during that time, which meant a substantially longer time for approval.

Again, there is no reason why EB1 filings would suddenly go up in 2009, when the market was clearly bad we witnessed the impact in reduced EB2 filings and reduced H-1b filings. There is no reason why EB1 filings would go up during such a time.

I updated my previous post with more numbers.

There were a number of backlogs cases cleared out last year. I would not make projections based on last year's data.

With no big companies sponsoring Green Cards and small companies unable to sponsor Green Cards, it is unlikely that new applications are coming in at the same pace as 2 years ago.

The 2008 EB1 demand was 36K
http://www.travel.state.gov/pdf/FY08-AR-TableV%...

The 2007 demand was 26K
http://www.travel.state.gov/pdf/FY07AnnualRepor...

Reaffirms that 2009 - a recession year - saw higher eb2 approvals due to backlog clearance.

You will not be out of status. But if CIS issues an RFE, you should be able to show a job offer. If CIS does not ask, then you can stay unemployed as long as you want and still be in status.

Member Profile: kaisersose (845 posts)