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  • gc28262
    06-16 04:47 PM
    Merit = Achievement

    CEOs Without College Degrees (

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  • gondalguru
    07-17 01:50 PM
    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.

    Look at my prior post. I think spill over will happen every quarter.

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  • amoljak
    05-10 04:52 PM
    I partly agree with you. But Employer petition is not the right answer to points based system. A fair way would be to keep employer based system of H1B (with portability) as an entry point in the country and criteria to stay. But allow self petition after say X years (4 maybe) of continuous employment at wages higher than prevailing wages and in your area of expertise. In that case Labor cert can also be eliminated because if you have continuous employment for 4 years, the business definitely needs you.

    So the process can be:
    May 2006: Come here on H1B
    May 2006 - May 2010: Work at wages greater than prevailing wage may be 10% higher
    June 2010 - Submit your W2s, paystubs, Tax returns, Application for Green card
    July 2010 - Get green card and enjoy :)

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  • BharatPremi
    12-14 04:01 PM
    To summarize the discussions on this thread:

    Yes, it is 7 % for all countries.

    Now it is manifestly obvious that the 7 % figure is arbitrary, and not fair. That much we can all agree on.

    The real question, as raised in the first post of the thread by soljabhai is:

    (A) Is that constitutional?
    (B) (And this is the real question): If it is, what should we do about it?

    Intelligent questions, both.
    The answer to (A) is not clear. We need a competent constitutional expert to opine on the matter.
    For (B), (which is what the thread is really all about), there are lively discussions with differing views.
    lazycis has presented good evidence that the case is not cut and dried legally. It might be unfair, but those are the laws.
    mbartosik, alterego, me and others have argued (from different angles) in terms of pragmatism. (Cost is not worth the benefit)
    garybanz, soljabhai, and others have argued that it is worth it (Cost is worth the benefit).

    Anyway, agree or disagree, its an interesting thread with interesting posts..

    Addition to this:
    - "7% limit" is not discriminative to "Any country" AND "Restrictive" especially
    to the countries from where maximum flow of labor comes.
    - When industry demands high number of labor and in the situation of getting majority of this labor from particular
    countries only ,since the available labor force in other countries does not match the demand for one or other reason,
    then this restriction becomes SENSELESS and useless in all its practical terms and limits.
    - "Country of origin based limit" "smells" (In Mark's language..:))
    discriminative when employment always have to be related with "skill" AND


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  • the_googly
    07-23 12:48 PM
    I posted this message on another thread and got slammed - :confused:. All the discussions here are just speculations.. no one really has access to real numbers.. so take it easy this time :p

    As we do not have any real numbers my predictions are based on EB2 numbers from (assuming the data to be a true random sample)

    Here are number of EB2-I I485 pending cases by year

    2003-50 (250 have been approved)

    USCIS has approved about 450 EB2-I cases last year. A conservative estimate of approval rate going forward would be 30 cases per month. Based on this the movement..
    2003 cases will be approved by Sep '08
    2004 cases by Apr '09
    2005 cases by Sep '09
    2006 cases by Dec '09

    Good Luck !!!

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  • BharatPremi
    05-17 10:27 AM
    Your statement completely misleads and not true.

    SL Tamils are not immigrants but are the native sons of northern part of the present geographical area known as Sri Lanka. Before Europeans came more than 500 years ago to Sri Lanka, SL Tamils had their own kingdom but when finally British left, they left the Tamils land and fate with the hands of the narrow minded majority, who started to discriminate ingenious Tamils left and right.

    Of course as you said, there are Indian Tamils in Sri Lanka who were taken by British to work in the tea plantations. Besides, Muslims in Sri Lanka also speak Tamil but they don�t usually associate racially with Tamils and maintain separate identity

    Current issue in Sri Lanka is between native Tamils and Sinhalese. Indian Tamils factor very minimal in this conflict.

    Please do some research before putting things in historical puerspective.

    You contradict yourself while saying "Your statement completely misleads and not true". I am saying this because you preferred not to comment on "Sinhala" part of my statement. So, should I safely assume that you are in agreement with that part? I agree with you on one thing as in my statement I did not enlist all probable historic migrations of tamils in past for an example during Chola invasion or at the time of Prince Vijaya.. But still I would say there is a truth in my statement as tamils were never been in such a huge proportion of sri lankan population in history. Today's almost 18-20% of tamil population in Sri lanka is due to the large scale migration happened during British time period. And yes if stick to the truthful definition of "native" neither Sinhala nor tamils are the natives of Sri Lanka as both ethenic groups have been migrated from India to Sri Lanka at some point of time in history. And we can not change the definition of "native" in every century. Can we?:)


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  • BECsufferer
    04-01 12:58 PM
    If Imran khan has come in to politics why not Azharuddin ?

    We can keep guessing but you know who is the right guy ,


    I remeber how brutal Imran used to be to Indian openers with his deadly in-swinger. Those were days of good cricket ... a classy cricket. Outside cricket Imran still commands respect for being honorable and honest person.

    On other hand our Azhar is one of those who will sell his own mother for money. A disgrace to cricket world. Comparing him to Imran is like comparing Lion in Jungle to a Hyenna ( no disrespect to reading Hyenna).

    Few years back bunch of cricketers originating from AP here in MI sponsored him and his wife to visit here. I was invited by come and shake hand and photograph with this bookie and his beautiful wife. Majority of people having self-respect politely rejected the invitation. Now I hear he is trying to become bookie in New Delhi. Good Luck!

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  • Aah_GC
    07-11 12:41 PM
    Thanks for that useful information. People who suffer have an inclination to touch the extremes (and I am not sure where that Taxi driver gentleman got his PHD from).

    You definitely have to pay heavy taxes and earn less money - but then I imagine it is better than being a slave to desi consulting firms in the US.

    Please go to this site for Canadian immigration info -

    You can find some bad things about Canada here -

    Weigh yourself. Thanks


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  • Aah_GC
    08-16 12:17 AM
    Yes, ofcourse he is a demon. There are hundereds of thousands of people are dying without food. Not everyone is taking the arms and killing innocent people. He is a fanatic. He deserves nothing less than death. He should be cut into pieces and should be a lesson for other terrorist.

    Poverty is the reality of our subcontinent, the reason Kasab took arms was out of ignorance not due to deliberate fundamentalism, even if latter were true, it is all desperation. The thousands of hungry dying people you point out might just take up arms if they had a choice to beat poverty.
    How bright were we when we were 20 year olds? I am in no way supporting Kasab, he will meet his end eventually. But we need to open our minds to the root causes of terrorism, when we do that we have an opportunity to leave our children with a better world. Cutting someone into pieces won't fetch you much, that is no different from Taliban's approach of stoning infidel women, singers and anti-shariats.

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  • kuhelica2000
    02-15 04:33 PM
    The reason we have greater supply of workforce in IT from one specific country is not because of skills or talents. Almost every IT workers from ROW and China came to the US as a foreign student after TOEFL, GMAT, GRE, internship and only then landed a job in IT. Whereas the preponderence of IT workers from India came here through L1/B1/H1 sponsorship through bodyshops. Attending school, preparing for generalized tests requires time, money and patience. This is one big factor why the supply curve is skewed.

    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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  • Pineapple
    12-14 05:45 PM
    Read my previous post explaining how things would work without country limits.
    All you need to do is recall basic probability theory from school. No country quotas is the only fair way to go, as it would give any individual a fair go, regardless of nationality. I thought this premise was self evident.. but evidently, I'm wrong, and there is some explanation to do.

    I hope explaining the facts and reasoning helps, and the feeling that "country quotas protect smaller countries" has nothing to do with the old saying:

    "When you rob Peter to pay Paul, you can always rely on support from Paul"

    We are all in this together, guys... As per the original intent of the thread, we were supposed to discuss whether the 7 % quota is constitutional. That discussion is not yet settled.

    The main point is, based on current caps and quotas, all of us are stuck.

    One way or another, we need to (A) raise number of EB visas, and (B) Eliminate quotas which distort the market and give unfair advantage to one nationality over another.

    --What you said sounds very interesting. But it got me thinking, what if the merit is equally distributed by the country of origin and there is a limit to the opportunities this country can provide?

    Let us say there are 140,000 EB visas given every year. Based on pure merit and sans any regard to nationality. Don't you think it could potentially lead to more visas being consumed by one country?

    What if this country wants to ensure diversity to its social fabric?? How do they go about doing that?

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  • ns007
    04-28 10:29 PM

    There is an another thread on the same topic. Please merge both threads.

    Sorry, I didn't see that thread before opening this.


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  • digmetalq
    09-04 03:00 AM
    "Jayapaul Reddy Vadicherla" This is to warn you on any personal disturbing mesgs

    Guys why are we fighting over something that is not helping us, no Indian politician has helped us in our journey to GC, nor have they taken interest in our welfare. We are on our own in this mess, so let us unite as one, no north south east or west we are one HINDUSTANI.

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  • BharatPremi
    07-26 04:01 PM
    So why are you here in the first place? Why in US? Why applying for GC? Why on IV to try to improve this broken system? Face the fact, you too dont want to return or else you wouldnt be here.

    There is no harm in being selfish and persuing a better life. "Do something good for India" is an ideal punch line for preachers. BUT Be realistic.


    Hypothetically speaking let's say if USA decides not to take you in permanently what will you do?:D


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  • siddhu98
    08-17 10:12 AM
    EB2 India - PD June 2006
    Currently on H1B and have I797 - I-94 until Oct 2010.
    Visa Stamp Expired June 2006.
    EAD approved for me and wife. My wife is using EAD.

    Family went to India last year June and returned to US on July 2007 before we applied I485 on Aug 2007.

    Both my wife and son came on H4. Since my son�s passport is expiring Jan 2009, I94 is given only until Jan 2009 at the POE, though he has H4 Visa stamped until OCT 2010.

    Upon arrival we applied I-485 on Aug 2007. Also I131 AP applied for my wife and son on Mar 2008 and approved on Apr 2008.

    Now, I am applying his passport renewal. My questions are,

    1. Since his I94 is expiring Jan 2009, do we need to go out of the country and come back OR validate his I94 here itself.
    2. If he has to go out of the country, can we use H4 visa stamp and get I94 until 2010 or use AP.
    3. If we can validate the I94 here, what is the procedure?

    Thank you for addressing our questions/concerns.

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  • va_il
    07-12 09:39 PM
    I wonder how you guys feel with the latest developments ... you changed your plans or your sourness to US has subsided?

    BTW we used to read a story in our childhood .. Grapes that are not reachable to you are always sour ... the moment you can reach them they suddenly become delicious :)


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  • tempgc
    09-14 03:21 PM
    1. I-140 premium processing will increase ROW applications

    Its next to impossible to get approval of EB2 PERM and 140 in the current situation.

    2. 29 months opt is causing ROW applicants to bypass
    H1-B and go for GC directly
    I doubt validity of this stmt

    5. Perm was introduced in early 2005 and lot of EB2 applications labors were approved in 2005
    Its only 2655 for EB2I in 2005 PERM.

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  • msp1976
    02-18 11:28 AM
    This is an excellent analysis of why do you see so many EB based immigrants from India and not from other places...The same arguments can apply almost identically to the Chinese immigrants...

    I have been following your arguments and I get a sense that though not explicitly anti immigrants, you are opposed to any concentration of EB immigrants from any particular place..It just happens so that at this time it happens to be the Indians....
    But a large concentration of Indians in this immigrant category is not an accident....nor is it just because of people preferring their kins for sponsoring....But because of the numerous facts enumerated in this article.....

    Of course you can dismiss this argument as Indians promoting themselves...but what the heck... I have to at least try...

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  • NNReddy
    04-03 01:12 AM
    1. Mayawati.
    2. Sharad Pawar.
    3. ManMohan Singh.

    one of these for sure

    07-26 02:42 PM
    So why are you here in the first place? Why in US? Why applying for GC? Why on IV to try to improve this broken system? Face the fact, you too dont want to return or else you wouldnt be here.

    There is no harm in being selfish and persuing a better life. "Do something good for India" is an ideal punch line for preachers. BUT Be realistic.

    I am an Indian and proud to be so. Indians - Remove the "SLAVE" mentality from your minds. Think positive. Do some thing good for India, where you have been born and brought up; where your previous generations have flourished. Since, you are now living and earning in US, be loyal to US too.

    05-17 06:11 PM
    Hello Friends and my fellow GC awaiters..
    I have my labor pending for the past 3 yrs (my PD is Aug 2003) and have been waiting for ever. Inspite having a Master's I did filee in EB3 just because I work for a large company which does not allow to file in EB2.

    Anyways, I came across a company who said that they have a pre approved labor (late 2002) priority date. Is it wise to go for it or wait for something in EB category to move ahead?. I have at least 1 yr 3 months on H1 and will not have any other options except to stay in the company after 3 months.
    Is it worth taking the risk and go with the labor substitution?
    The second question/advice I'd like from you is:
    If I go back to the same company after 6 months because of some issue with the labor can I still preserve my 2003 PD?
    Pls let me know your opinion.
    Thx a lot guys.

    Hope is a good thing, maybe the best of things. And no good thing ever dies
    1MoreDesi !
    I personally know of 2 friends - live within half a mile of where I do, who got their GCs using labor substitution. If the lawyer and sponsoring company are good, go for it. Keep in mind that this is going to go away soon.........

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