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  • tikka
    07-03 10:03 PM
    For all those that blame all the problems of the world on "illegal" immigration, including documented Latino immigrants, the news that so called "legal" immigrants hoping to be first in line for employer-sponsored green cards lost time and money when the government suddenly announced Monday that no new applications would be taken until the fall doesn't make the current system look so hot.

    The State Department announced last month that employment visa numbers were available for all people seeking employer-sponsored green cards, except unskilled workers. It sometimes takes years for applicants to get those numbers.
    The announcement meant that as early as Monday, Citizenship and Immigration Services would begin accepting applications. The applications are hefty, requiring medical exams, a lot of documentation and the applicant's presence in the United States.
    But an update on the State Department Web site posted Monday said 60,000 such numbers were no longer available because of "the sudden backlog reduction efforts by Citizenship and Immigration Services offices during the past month."
    The department called the backlog reduction an "unexpected action" and said employment visa numbers would be available again Oct. 1.

    Practically speaking, what does this mean? Tens of thousands of people who work in the United States under employment visas and their families were affected by the change. There are reports of family members flying in to apply only to have to fly back.

    Then people wonder why my faith in the immigration system and reforming it is nonexistent.

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  • yetanotherguyinline
    07-03 05:06 PM
    Hi all,

    Regarding the recent goofup by USCIS, please rate this story _Americans/who

    if this receives more than 100 users rating for the story in next 5-10 hours - it would be displayed on the first page. is read by hundreds of thousands of web users and there is high chance of getting picked by main stream media.

    Note that you ll have to signup as member to rate it - it ll just take 30 secs of your time.

    Sorry I wasn't able to submit the official IV url since it is not accepted by Digg.


    digged it....but it just has 17 diggs now!!!

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  • msyedy
    01-26 11:20 AM
    Thanks Pappu. Is this called Labour substitution? I don't know that term.Any input regarding this is greatly appreciated.

    Labor substitution is not encouraged by INS any more, but is still possible.
    Use the old labor and file for premium I-140. If approved you can use that priority date.

    Simple as that, premium result will be in 15 days.

    Best of luck.... Though I dont encourage this, and I am against this because people are just moving ahead which is not a fair.

    But nowadays.with this retrogression and we fighting for our provisions I have become more stable and want any of my efforts to help anyone and this is making me happy/

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  • snathan
    01-21 06:27 PM
    I got the below email from multiple friends. I don't know what is the source, who wrote this analysis because there is no links. I did NOT mean to spread the fear. Just sharing the contents unaltered.

    However, this is how many could read RECENT (Jan 8, 2010) actions / announcement by USCIS towards Consulting companies, which engages or merely places their employees at the client sites for various projects.

    � No new H1B application will be approved, as per the new guidelines provided USCIS on Jan 08, 2010 memorandum � for 3rd Party Consulting company.
    � No new H1B extension/stamping will be approved, as per the new guidelines provided USCIS on Jan 08, 2010 memorandum � for 3rd Party Consulting company.
    � If an employee has H1B approved or extension approved, and if he/she comes back to US from a vacation or from an emergency, he/she would be deported back to his/her home country from the Port of Entry (PoE) � for 3rd Party Consulting company.


    Because of 2 recent events:

    1) USCIS gave new memorandum (which is now guidelines for USCIS professionals working on the H1B petitions/extensions) on Jan 08th, 2010. (Attached the PDF file for the memorandum).
    2) Recently (Jan 2010) several H1B Employees were sent back (in some forum, its mentioned � all of them) to their home country from Newark, NJ and JFK, NY Port of Entry � these were the H1B employees, who went to spend Christmas/New Year vacation to their home countries.

    What does the memorandum mention, specifically, about 3rd Party Consulting companies?

    Link to the memorandum (PDF attached) �

    Employer-Employee Relationship:

    As per the memorandum, some previous H1B Law defines, the definition of an �US Employer�. Somewhere in that definition (Page 2 of memo), it mentions the word �Employer-Employee relationship�. Till now, it seems that there was no clear guidance on what kind of relationship was considered having Employer-Employee relationship. So, it was being, probably, interpreted independently or ambiguously. Now, on Jan 8th, 2010, USCIS has published this memorandum for TRAINING USCIS OFFICIALS about understanding, Employer-Employee relationship. The memorandum seems to have been prepared with a clear understanding about it, along with the specific EXAMPLES.

    Memorandum has given few specific examples, which would QUALIFY for having Employer-Employee relationship, on Page 4-5 of the Memo � including the nature of the job/business. On Page 5-6, memorandum gives few specific examples, which would NOT QUALIFY for having Employer-Employee relationship. Third Party Placement / �Job-Shop� (better version of �Body-shop�, probably) is NOT QUALIFIED for meeting Employer-Employee Relationships � meaning, 3rd Party placement (which most of the small consulting companies do) doesn�t meet H1B requirement, as defined by the law � meaning for this job, the new H1B or Extension or Stamping petitions CANNOT be approved!! Period !!

    This is how memorandum has identified 3rd Party Placements and in Bold letters, why it disqualifies for the H1B petitions (comments are in Red):

    �The petitioner is a computer consulting company (which is what all small consulting do). The petitioner has contract with numerous outside companies in which it supplies these companies with employee to fulfill specific staffing needs. The specific positions are not outlined in the contract between the petitioner and the third-party company but are staffed on an as-needed basis (this is nothing but, Service Agreement between the petitioner and the mid-vendor!). The beneficiary is a computer analyst (which is what many small consulting company�s employee are). The beneficiary has been assigned to work for the third-party company to fill a core position to maintain the third-party company�s payroll (this nothing but, Mid-Vendor�s or so-called Prime-Vendor�s or Consulting Partner�s Revenue). Once placed at the client company, the beneficiary reports to a manager who works for the third-party company (as it happens, when Consulting partner hires employee as a contractor). The beneficiary does not report to the petitioner for work assignments, and all work assignments are determined by the third-party company (petitioner just runs pay-rolls!). The petitioner does not control how the beneficiary will complete daily tasks, and no propriety information of the petitioner is used by the beneficiary to complete any work assignments (petitioner just runs pay-rolls!). The beneficiary�s end-product, the payroll (payroll of mid-vendor/prime vendor/consulting partner), is not in any way related to the petitioner�s line of business, which is computer consulting. The beneficiary�s progress reviews are completed by the client company, not the petitioner (petitioner just runs pay-rolls!). [Petitioner Has No Right to Control; No Exercise of Control].�

    Right to Control:

    Supreme Court has stated the definition of Employer-Employee Relationship (Page 3 of Memo), and there it was mentioned to have �Right to Control� over the work of the employee by the employer. From the entire memo, it sounds that Right control is well-established, ONLY WHEN, at least one supervisor from the petitioner�s company works with the beneficiary at the end-client site, and supervises beneficiary�s day-to-day work. So, big Consulting companies such as Wipro, Infosys, Accenture, Deloitte etc. will be good, as they would meet �Right to Control� and that way, they will satisfy H1B requirement by law, and their petitions for similar 3rd party consulting work, will be APPROVED, but not in case of, small consulting companies!! This is because, big consulting companies such as Accenture � have their entire or partial team � along with managers etc. � working at the same client site, where the beneficiary would be working, so they could supervise their work and so exercise control over their work etc., but that cannot be the case with the small consulting � because, their actual business has been, so far, to place employees and run pay-roll � not to get the client projects!

    Why one could think that there are slim chances for this memorandum to get reversed in favor of small consulting companies?

    This memorandum took care of big consulting companies such as Wipro, Infosys, Cognizant, Accenture etc. � meaning, these companies and their employees are NOT impacted. They can travel freely to-and-fro their home country etc. Since, big companies are not impacted, there will not be any big lobbying or oppositions to this memorandum, per say!! There don�t seem to be a platform for small consulting companies to gather and lobby, plus most the small consulting may not get involved, with fear of exposing themselves more to other issues!! So, it might be east to assume that this memorandum is permanent and not temporary. The recent deportation also indicates that the changes like this memorandum is for serious, not just the warning!

    How this memorandum relates to the recent deportation events from NY and NJ airports?

    There seems to be an anticipated link between these 2 events � Memorandum and recent Deportations � kind of an indication about the current level of government scrutiny and seriousness of the H1B program. Hence, there have been advices by others that � each employer and employee should operate by strictly following the H1B program requirements.

    Link to front page posting about this � MurthyDotCom : NewsFlash! Note to H1Bs Traveling to U.S., Working for Consulting Companies (

    What one could predict as happening sooner (trend)?

    � Since, it seems big consulting companies (having their own consulting projects)/full-time end-clients and their beneficiaries are not impacted with these changes � there could be trend � employee moving from small companies to big companies for a better shelter for full-time positions � especially, when small consulting company�s immediate preventions / actions to this memo cannot ensure safety.
    � Big consulting companies could buy small consulting companies or small consulting companies could sell their companies to big consulting companies (having their own consulting projects), to save their employee�s future/transition etc.

    Good Luck my Friends....!!

    Everyone knows what the impact would one coming up with the solutions or ready to fight.


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  • jkays94
    05-25 12:08 PM
    I heard that if you apply on your own and move out of US, it becomes very difficult to let the Can immigration authority about your current location and keep track of all the correspondence with them. But, the agency/lawyer does this thing very efficiantly. Any opinion on this ?

    You can update your address online through the e-client tool. The only issue might be that your case may be transferred to a consulate location closer to you.

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    07-03 05:23 PM tin


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  • unitednations
    02-14 12:02 AM
    Another thing that is hard to understand is that if EB3 ROW is getting all the unused visas, how did EB2 move forward two years in 2006? It was moving 6 months at a time till May-06. Did USCIS change the way they interpret the law in May-06? That would be weird, they should have done it when they declared in Nov-05 bulletin that AC21 provisions are not expected to apply.

    It is possible that USCIS is allocating unused EB2 visas to EB2 India and China after all, and it is not moving forward only because of backlogged EB2 Labors getting approved. We will know for sure in a few months. There are still several 2001 EB2 Non-RIR cases in the backlog as per

    One of the other lawyers had reported I think it was in July 2006 that Chinese as a whole were on pace to get approved just less then 7% of the total quota. That is the only statistic available. EB3 row had significant movement in the last quarter because that is when the unused visas from eb1 and eb2 got released to eb3.

    India went all the way back to 1998 because they were only eligible to get 250 greencards per month. There are substitute labors from that far back which people were using. I wasn't surpirsed when it went that far back becuase I knew a number of people who got these labors.

    If the overflow from eb1 or eb2 were going to eb2 india/china then eb3 row would never have moved past 2001. A lot of the 245i candidates are from ROW. (russian, pakistan, brazil, south korean, etc.).

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  • msp1976
    02-15 11:29 AM
    longg and msp1976, Could you update your profile with contact information. IV can use your skills.

    I have added cell phone number in my profile....


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  • GC_Applicant
    07-26 07:44 PM
    I was also thinking on the same lines. Are all Desi's loosing money and wasting their time. There's got to be something behind it..,

    These people hardly shell out a few dollars or time for IV which benefits them way more than Quickstar., then why waste their time on it., Makes me think.

    Disclaimer: I'm not associaetd with any sort of pyramid scheme..

    Devil's advocate

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  • TomPlate
    07-03 09:41 PM
    Can somebody let me know, what are final conclusion.


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  • Administrator2
    09-23 10:28 AM
    We believe that this is a great idea to address our issues and at the same time allows us to do our share in the time of crisis. Please send the personalized email communication ASAP as the key lawmakers are in the process of discussing possible package to address the economic/housing crisis.

    Even if this is not designed to directly help your situation, please understand that if such a proposal is accepted, it will make most green card applicants exempt which will free up visa numbers for those who do not want to seek such an exemption. So it is a win-win situation for all. Kindly send communications ASAP.


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  • Googler
    02-20 03:03 PM
    And then there this piece of info from Ron Gotcher posted on Feb 14, 2008
    "Last night, at a meeting of the American Immigration Lawyer's Assocation Southern California chapter, Charles Oppenheim spoke. Mr. Oppenheim is the officer within the Visa Office tasked with calculating visa bulletin cutoff dates each month. He offered the following thoughts as to cutoff date movement in the upcoming months:

    In April, India and China EB2 will be set at 12/01/2003
    EB3 for India and China will slow down for the rest of the fiscal year."

    I am riveted by this because I spoke to Oppenheim just the day before this meeting (he referred to it). This was the conversation in which he told me that at present EB-2 India would only get numbers leftover from EB-1 India -- the problem is he doesn't know either exactly how many EB-2 India adjudicated applications there are in any specific PD range -- so every month he makes wild guesses, with the intent of using up visas. So I guess at least as of 2/14/08 he thought moving the date to 12/1/03 would more than mop up whatever was leftover from EB-1 India. Given the end of the FBI boondoggle (the effects of which have not been quantified by Oppenheim or USCIS) I'd predict that even a date in early 2002 would be good enough to mop up. Let us see if he changes his mind by mid March.

    See update on this discussion on this thread (


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  • Openarms
    08-17 11:53 AM
    These morons never learn lessons. He is insulting him self by bitching about it....the Officers are just doing their job to verify their system... Can you imagine that a foreigner coming to India might have to go through ordeal if Indian Official suspects that he is a terrorist just because his records show....He should not forget that US has such system to verify and let him go.... where is SRK and others showing some passion when similar thing happen to President Abul Kalam? where is SRK and others showing some passion when bombings happened and innocent people get killed time and time again in India. Did he called for such system in India??? Where is SRK and others showing some passion that we need to improve Education System so that we can be proud of as Indians again? These guys thinks every thing for me nothing for others. They got all the money in the world they want.. now what?? how much is enough for these guys....People like him should learn life lessons like this and try to change Indian peoples life so that they get respect around the world. I think that is better for all of us. As Indians we should teach them or remind them when they forget those values.

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  • bajrangbali
    05-01 02:16 PM many of you have heard..Sri Lankan government has led an offensive against LTTE over the past few weeks and both sides have accused each other of killing civilians. And all countries have called for restraint on both sides and stop killing civilians.
    UN confidential report which came to light shows the SL government bombing the safe-zone they allocated for civilians since the offensive began. For the first time, besides each side accusing each other of the civilian killings there is some proof regarding who has done what.
    It is a shame India does not act to protect the interests of its citizens even after this news came up.
    We may be busy with our own issues here..economy, immigration, family, job-stress...the least we can do is bringing to light what is happening to fellow Indians elsewhere in the world..
    No politics can justify killing of innocent people...if congress and India can not get over themselves and help fellow Indians..the day we can claim to be atleast a regional power if very far away. Heck, even USA is trying harder than India by using its muscle to block billions of dollars of IMF funds to SL for not caring about ceasefire.


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  • vdlrao
    07-23 10:41 AM
    vdlrao, Thanks for the great analysis.
    I am using DOS visa statistics and I arrived at EB quota numbers for 2008 as 162,707. There were 22,707 unused FB visa's in 2007 based on the DOS visa statistics @
    Typically the actual EB quota for the FY is revised in the September bulletin. I am not sure if DOS has already taken into account the new EB quota number for the Aug bulletin. If they hadn't taken into account the new quota number then we should see some forward movement in the Sep bulletin.

    However the 28,795 AC-21 recaptured visa's U are talking about has already been used in 2002, please take a look at the below mentioned link for details regarding the usage of those visa's.

    All the AC-21 recaptured visa's has been used by now.

    mpadapa, I am getting 31,100 unused Family Based Visas for 2007 fiscal year from
    DHS bulletin is not updated correctly like Employment Based AC21 VISAS? Please let me know.

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  • logiclife
    06-28 05:04 PM
    In that AILA reference of EB3 others for june... DOS asked USCIS that visas are wasnt USCIS directly jumping to conclusions.

    my 2 cents..

    Still, just because DOS told USCIS "Visas are exhausted" doesnt mean they should stop ACCEPTING new petitions. They can stop APPROVING new ones, but why stop ACCEPTING new petitions. Visa bulletins guide the filing as well as approval of petitions. If visa bulletins is current, then they can both accept and approve petitions.


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  • sunty
    06-02 10:09 PM
    If we do file a lawsuit against the discriminatory country-quota laws in EB immigration, in worst case scenario, even if we loose it might help highlight the issue and send a message to Washington that we are serious and we mean business. And the judgement might help us at-least get the recapture visas back if the court is made aware of our plight.

    IV has spent so much money on Patton Boggs etc. . Maybe its time we think about this option as well. Maybe this method might work as clearly other approaches have failed and we haven't gotten anything. And before the IV loyalists jump on me and ask me to contribute first, yes if there is a lawsuit by IV, I will happily contribute my half-month's salary to the cause.

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  • sidbee
    02-13 07:46 PM
    I am with you guys.Read my old posts, i have been thinking on this from day one.

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  • gc4me
    02-13 02:08 PM
    That was an example only. A country can use max 7% of total visa. And if you see the EB visa allocation, other than India, China the 3rd largest Visa was taken by Korea (about 4K, don't remember exactly) and the fourth country only used around 1200, all other countries used with in 100s only. So if a country (example Malaysia) uses only 200 Visa and if it had 500 applicant, why 300 people from Malaysia was retrogressed.

    There is no such thing as EB3 Nepal, which I'm sure you know. In EB3 ROW, this includes everyone else. I'm sure there are some significant numbers from the UK, Germany, Australian (although they might be separate under E3... not sure), Japan, Tawian.... etc etc the list goes on.

    EB3 ROW doesn't just mean those from tiny countries with tiny populations

    08-17 03:48 PM
    May be that immigration officer might have seen his stupid movie(s) and really got irritated. Finally when he got a chance, he let out his frustration.

    Good:) joke..

    06-04 01:09 PM
    Instead of Interim GC we should demand that once Labor and I-140 is approved remove the restriction wherein a person has to stay in same job type until GC approved in other words allow the person to take any job while I-485 is pending. This will be a big benefit and logically makes sense. If this happens than GC wait will not pigeon hole people's career in one job and allow them to grow and contribute to economy.
    Giving an interim GC while visa number is unavailable will have the effect of bypassing the entire GC quota system. How do you want the interim card to be different from the final thing? No way that anyone in Congress will allow for their laws to be overridden through USCIS rulemaking.

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