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  • Winner
    09-23 01:36 PM
    Has anybody really tried to get a mortgage recently? I have been denied by 8 lenders so far simply because I don't have a green card. Most lenders have tightened their underwriting guidelines. They will give mortgages only to U.S.Citizens or somebody who is a permanent resident aka having a green card. There are very very few lenders who will give mortgages to somebody on a visa and the rates may not be very favorable.
    I used

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  • garybanz
    12-14 04:03 PM
    His/Her country of origin and the state chapter is not really relevent for this discussion now, is it?

    It actually is. I am talking about an approach which has a chance (quite remote though) of removing the country based quota. You tell me that it is not going to fly.

    Now if you were from a country affected negatively by the quotas then I will take that as suggestions from some one who is in the same boat.

    On the other hand if you are from "ROW" then all your attempts to kill this ideas will make me understand how scared you are of this idea and hence how good this idea really is. :)

    The reason I asked which state chapter you belong to is to check if you are one of the "Real" IV members...coz there is a lot of people who are on this forum for a completely different purpose.

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  • hiralal
    06-02 10:16 PM
    DO i = 1 to Infinity:
    discuss /* lawsuits, letter campaign etc etc */.
    discuss some more.
    pessimists dismiss everything. /* start again */

    That's all that we do ...the same points again and again ...members get bored and they leave ..if only we were to start having numerous small campaigns !!! at the very least there would be some enthusiasm ..well maybe one day wishes will come true :rolleyes:
    for every good point there are 100 naysayers, cynics and pessimists !!

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  • nogc_noproblem
    07-17 01:02 PM
    Friend, as advised (?) by you, I read your other posts in this thread, I could not find the source but I found what you are saying to others.

    “This whole thread is speculation

    Try to think logically

    You should read the INA law clearly.

    But if this speculation makes you happy, enjoy!”

    You can be very smart of yourself, but don’t think others are idiots and fools. It is up to you agree or disagree with others opinion, but don’t show your "others don't know anything" attitude (“try to think logically”, “read INA law clearly”, “everybody is speculating”) here.

    Read my earlier posts for source. Ofcourse it is speculation if you are thinking EB2 will be current in one year :) I would be more than happy if USCIS did that, but try to think logically than expecting miracles to happen. As you said, its a wait-n-watch for results.


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  • bfadlia
    02-16 02:53 PM
    I beleive Kuhelica and bfadlia have been planted by anti-immigrants to spread poison and hate in people's mind. looking at the number of posts they have posted, it seems like they are new members who are out there to sabotage the reforms that we have been talking about.

    We do not have to spend our energy and time answering each and every post of theirs. they do not deserve our time nor they are intelligent enough to rationalise.

    I and a couple of us have been repeatedly telling that we do not want ROW people to be affected nor we want country quota to be removed, but they have been targetting our race, our country, it has jealously writ all over... Just ignore them and move on. the more forward we move the more backward they stay..

    man.. u can click on a user and see all the posts he sent, so good luck
    i must have joined two years and participated in topics all this time so that i today i get a chance to destroy IV.. plz put down the 007 book and listen for once..
    u can't see that people started belittling ROWs here first.. then i admit it's a waste of time to try to reason with u

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  • breddy2000
    09-03 10:23 PM

    You see YSR is in high point, as for you corruption, blood politics, mafia by him are no big deal and normal. What should I say? You are better fit to immigrate to Somalia, Afghanistan or Colombia.

    Every one does that, is that a reason. You claim that you are not a supporter of any one. If that is the case then give due credit where required and criticize and condemn when it’s appropriate.

    As posted by abracadabra102 YSR exactly fits for "No better friend, No worse enemy" and in due course he amassed illegal wealth, corruption and killings.

    His death is the reason this thread is here, living or dead facts are facts and yes Good Riddance that he is no more.

    Yes, will do whatever I can, humbly. In fact it is India’s citizens that are forcing these politicians to implement effective policy not the other way where people are living and enjoying an effective system.

    All that I'm saying is why do you need to single out one politician. Can you compare YSR with Mr. Modi(Ghodra Express Issue), Mr Advani(Babri Mazdid Issue)...on how many innocent lives have been lost because of their filthy politics...

    And mind you , you and me are working here in US cos of the open policies created by Mr.Late Rajiv Gandhi in the IT Sector. All that I'm saying is someone or something is better than none.

    For that matter do you support War on Iraq , War on Afghanistan when it comes to people lives...
    First know the facts before you comment and have guts to comment revealing your original ID and not with a hidden one....created just for the sake of it


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  • John333
    07-26 05:20 AM
    Dear Attorney,
    I have an approved H1B petition, but was given 221(g) during consular interview due to lack of license to practice my proffession in US. They instructed me to submit the license within one year to stamp the H1B visa.

    Now I am comming to US on a Visitors visa to write the licensing exam and to get licenced.

    I am aware of the aware of possibility of changing status from Visitors visa to H1B after getting licence without leaving US, since I already have an approved
    But I came to know that USCIS will take around 90 days to approve status change from Visitors visa to H1B.

    Kindly clarify whether I can start working for my H1B employer immediately after filing status change with USCIS, or do I need to wait till the approval, to start working.

    Also do I need to include 221(g) I received after my H1B consulate interveiw for the status change application.

    Thank you very much in advance.

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  • knowDOL
    08-03 04:21 PM
    The comment period ended April 17th 2006. I heard, Many top companies were against elimination, probably, because they had plenty of labors using which they could attract senior and bright H-1B's. Also, I think USCIS needs to publish an elimination of substitution in this respect which will again have to go through comment period, only after all this the elimination will come into place.

    But the reason why elimination proposal came in is because of fraud and not because of unfair ness to people who are in line or FIFO because of transfer of PD. DOL and USCIS noticed that companies are sellling Labors which is fraud. There was some memo that USCIS will not publish until last quarter, soeveryone expected the rule will become effective by August September time frame. But I have not read anything as of today that the USCIS published anything in Federal register relatting substituion elimination.

    Probably we should wait and watch. My guess is that something may come by October 1st, 2006. Only an assumption.


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  • sankap
    07-13 11:18 AM
    Here's an article that appeared in Outlook (India) magazine 8 years ago. Apparently, the situation hasn't changed much since then:

    Canada...The Grass Isn't Greener
    Outlook: Jan 25, 1999

    It's a dream gone sour. Thousands of Indian immigrants who land up in Canada are, more often than not, greeted with unemployment, racism, culture shocks...


    "I didn't come here to be a chowkidar. I came here believing it to be a land of opportunity; a country that has never known the nepotism, the corruption, the shortages of India. I find I have only substituted one country for another... certainly not one set of values for another, as I hoped. " For Dr Gurdial Singh Dhillon, who was made to believe his qualifications would land him a good job fast, Canada was a real disappointment. When he did find work, it was that of a security guard. This, when the United Nations has declared Canada the best country to live in.

    Some 200,000 people migrate to Canada every year, a majority from Asia. Hong Kong heads the list, followed by India, China, Taiwan and the Philippines. According to the Citizenship & Immigration Canada report, 21,249 Indians migrated to Canada in 1996 alone. (The high commission in Delhi, however, put the figure at 17,682). For many of them, especially those who are qualified professionals, dreams die fast. The life they face is never quite as rosy as made out by money-raking immigration lawyers.

    Is the UN report the only reason for the increase in Indian applications for immigration? That, and the fact that it is easier to get entry into Canada than any other western country, says a Delhi-based immigration lawyer. Also, the fastest way of getting immigration to the US is through Canada.

    Dhillon's disappointment is echoed by others. "I should have done my own homework before I applied", rues Aparna Shirodhkar, an architect from Mumbai, working as a saleswoman in a department store. "My husband is unemployed. I am the sole earner for a family of four. Sometimes I feel like running back". For Raheela Wasim, who's gone from being a schoolteacher in India to a telemarketer here, the experience was very discouraging, very disheartening. "I started losing confidence in myself. I felt I was not capable of the job market here".

    Jobs are the sore point with Indian immigrants. The irony is, they are often more qualified than their Canadian peers, yet they end up with either no work, or with entry-level jobs that have no future. "I was not told that you require a Canadian degree to get a job here", says Paramjeet Parmar, a postgraduate in biochemistry from Bombay University. Parmar works as a telemarketer, which has turned her from an elite professional to an unskilled, daily wage labourer. Ditto Opinder Khosla, a mechanical engineer from India, who has ended up as a salesman. "I found it difficult to even get an interview call", he says. The Canadian authorities are non-committal about the social and economic devaluation that the country imposes on immigrants.

    "You can't come thinking you can just walk in and get a job in your profession", says Isabel Basset, minister of citizenship, culture and recreation, responsible for handling immigrants' woes in Canada's largest province, Ontario. But she admits that the licensing bodies regulating the professions need to be more accepting of people trained elsewhere.

    That effort could only come from the government, argues Demetrius Oriopolis, co-author of Access, a government-commissioned report on assessing qualifications of newcomers, a 10-year-old report whose recommendations have still to be implemented. The report suggests certain rules of equivalence should be made binding on the regulatory bodies, which are exclusionist by nature.

    But Basset won't even hear of making the regulatory bodies accountable: "We believe in private enterprise with a minimum of government checks. Besides, she argues, the exercise would cost millions of dollars".

    Needless to say, the organisations are gleeful. Only professional bodies have the ability to determine what constitutes competence in a particular profession, was the cold response of the spokesperson for the Canadian Institute of Chartered Accountants, an institution that's responsible for the unemployment as well as under-employment of hundreds of qualified chartered accountants from India. They do not grant licences for professional practice, because Indian qualifications are not acceptable.

    "What kind of society are we creating? Is it a new form of slavery?" asks an irate Bhausaheb Ubale, Canada's former human rights commissioner. Qualified immigrants work as drivers, guards. If this isn't job discrimination, what is? Dr Ubale lobbied intensely before Indians were accepted in the media. They now hold jobs as reporters and anchors, he says, but a lot more has to be done.

    While skilled men may not be able to find jobs, their less qualified wives find it easier because they accept whatever comes their way. In several cases, the wives earn and support their husbands who are busy upgrading themselves, by studying for a Canadian degree. The working wife sometimes slogs away at three jobs. Sumitra starts at 7 am at her first job, teaching immigrants English; her second job as telemarketer starts at 4 pm. She gets back home around 8 pm, after which she begins selling cosmetics and household goods door to door. Till midnight. Sumitra supports three students, her husband and two school-going children.

    The other problems Indians face here are the high taxes, high mortgage payments for new homes and the sort of hidebound laws that the benign anarchy back home hardly prepares them for. "You can't run a red light, you can't escape from a hit-and-run site even if you are just the witness, you can't smoke in public. Too many rules, so different from home", says Harminder Singh.

    Two 'Indian' practices that do exist here, however, cause immigrants the maximum trouble. They are sifarish baazi (nepotism) and mufat ka kaam (free work). The Canadians, of course, have given them sophisticated terminologies, the former is referred to as 'networking' and the latter, 'volunteerism'. In a country where you are never encouraged to 'drop in' to meet someone, where the fax, the computer or the phone is used to complete most transactions, a job-seeking immigrant often has the phone put down on him. Polite but firm secretaries block access, unless the caller can drop a magic name that can help him gain entry. It takes at least a year for even the most enterprising immigrant to get to know somebody who can help him, before he can get a job at all.

    'Networking' goes hand in hand with 'volunteerism'. Many immigrants put in a year of free service before they are given the job. Most writers and anchors of Asian origin are given only part-time jobs, paid by assignment and with no fringe benefits. The company insists on the word 'freelance' on their business cards, to make it clear they have not been hired by the company, and hence can't demand higher pay or any benefits. They can, and often are, fired at will.

    Perhaps the greatest problem in Canada is the one that is least articulated--racism. According to a diversity report on Toronto (said to be the most ethnically diverse city in the world), the year 2000 will see its minority becoming its majority that is, 54 per cent of Toronto's population by the end of the millennium will be non-Whites. Keeping that in mind, it warned, if the discrimination against them in education, employment, income and housing, or incidents of hate are not addressed, it will lead to a growing sense of frustration.

    "All our problems exist because of racism", sums up Anita Ferrao, who works in a firm. Anita has worked for them for three years and has got neither promotion nor raise. "As an Indian immigrant, you can never reach the top. They'll see to that. It's better to bring in some money here and start a business. It's the only way you'll do well here and be respected. "
    But then if life is so tough here, why do people give up everything back home and come? The answer is the rosy picture of North America, inculcated right from childhood. Everything 'American' is considered superior. Better food, better homes, better life.

    Each potential immigrant pays at least Rs 2 lakh chasing that dream. Multiply that by the thousands of Indians admitted each year, and further, by the number of immigrants accepted from all over the world, and you hit upon the most lucrative business today in Canada. According to a leading White immigration lawyer here, who prefers to remain anonymous, his own fee is 8,000 Canadian dollars, which comes to Rs 2,38,000. The government levies extra charges.

    What do immigration lawyers advice potential immigrants? "Do your homework, before deciding to go ahead with your application. Arm yourself with facts about Canada. And when you do apply, stick to the truth yourself. You won't be in for unpleasant surprises, then. The rest is up to one's initiative and optimism." Indians need that, says one lawyer, as many of them fall into depression: the changes are just too much. But, he clarifies, Canada is the best. Where else will you find a land of opportunity, that still cares about its people? That's what the Indians come looking for. And haven't discovered yet.

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  • doknek
    07-17 01:33 PM
    If PD moves to last quarter of 2007 within a year, then there would be no candidates (EB2), since all will still be stuck in PERM audits which will take 6-12 more months to clear + I-140 processing time.

    So, they move PD dates faster but freeze PERM apps. I am confused:confused: Any insights?


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  • sunny1000
    12-13 03:30 PM
    The OP was whether the country quota is constitutional. My interest was to find out if the current laws and regulations are violated by the country quota.
    As lazycis pointed out, SC seems to uphold the current situation.

    I was not looking into arguing in a court whether a particular regulation is fair or not. The law is what it is (what I or you consider fair or unfair is immaterial), question was : Is the law being implemented or not? Seems like it is.

    To change the law, we as IV are lobbying and meeting lawmakers already.

    Unless a constitutional lawyer says otherwise, I see no reason to pursue the country quota in a court, considering lazycis post.

    You are right. The courts have long taken a position wherein they give a lot leeway to the Congress and the Executive when it comes to Foreign policy and immigration definitely falls under foreign policy.

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  • Jerrome
    09-25 02:53 PM
    I don't think in any year EB2ROW has got 40K GC in the past, even when the economy was in good shape.

    Does anyone has links for the annual GC issuance per country/per category for 2008. I missed the link.

    The worst case scenario would be 20,000 max. That means EB2(I) will move to Mid or3 rd quarter of 2006 by end of 2010.

    using following report
    NAFSA | Resource Library | Selected PERM Program Statistics - Jan 2009 (

    Using the report from 12/31/2008 (did not find a newer report)

    PERM received: 20,752 (18,863 electronic; 1,889 mail-in)
    PERM completed: 4,571 (3,074 certified; 1,328 denied; 169 withdrawn)
    PERM pending : 53200

    For next 3 quarters we assume they receive 10K applications and approve 5k each quarter we get PERM pending (53200 + 3 * 10k - 3 * 5k) = 68K pending PERM.

    For this 68K, i am expecting 30% from India and 10% from China and 20% from EB3-ROW. We get 27K EB2 ROW PERM pending.

    If 70% of them are approved and apply for I-485 with 1.2 dependent we get approx 40K I-485 applications in EB2-ROW.

    So in case all PERM backlog is removed we will get 40K more EB2-ROW applications. Worst case scenario.


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  • sodh
    03-18 03:39 PM
    Can somebody delete the threads where there is a question of sub. labor, I thought we are an organisation trying to reduce the backlog and not to advice how to increase it .

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  • krishna.ahd
    02-20 03:58 PM
    I keep thinking about going back and your inputs are valuable in this regard...
    But in my case I could think of a few more factors...
    1. Back home the economy is sizzling...(Don't know how long that would last)..
    2. My friends who chose to stay in India/left for India in 2/3 years have a greater net worth than I have...(through stock market/real estate appreciation..) again do not know how long/whether this would last..
    3. I am really at my wit's end as far as work is concerned...The stagnation is killing me...I am in this place for last 7 years....

    Good discussion so far MSP and UNITEDNATIONS but you folks touched the weakest point for me
    Some of us like me dont have any choice but stay and wait for GC.
    Reason came here late age and now wife is doing Phd and Kids are doing good at school , elder one about to enter college ( i have to pay the full fees if i dont get GC soon) and high school GPA close to 4.0


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  • chiragmodi
    09-28 07:18 PM
    Is it mendetory to file AC21 if your job title and duties are identical in your new job???


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  • _TrueFacts
    09-05 05:18 PM

    Shame on you. thoo


    I have an excellent firewall against your filthy words and you are only denigrating yourself as PSReddy has said.

    Just b'cuz you are challenging me, to let you know, I have all your info, and it took 5 min to profile you on the internet. You have anything to say against the facts that YSR is a "a corrupt, factionist gunda, land grabber who has killed numerous people” then say so, otherwise just keep quite.


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  • ivar
    08-16 01:44 AM
    [QUOTE=Mr. Brown;689396]While proponents would mask this whole backlog issue as something purposefully done by the "system" I don't buy it. It is a proven disaster.

    --- Deleted ----

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  • JunRN
    02-12 07:14 PM
    We are all expecting that the VB will go back to June 2007 looks like that RoW has been so fast in getting the latest PD back which could come in a very few months time.

    I was not expecting this to come too soon but in June 2008.

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  • Direct_Action_99
    01-15 08:52 PM
    It is really pathetic to see the current plight of H1B. It is really sad and the situation is getting worse with the passing of each day. The max limit of H1B is only 65000. It is highly regulated and accountable. Why is everyone hounding H1B without rhyme or reason? It is because most of them perhaps do not have a good picture of what is happening around.

    Do the people who are after the H1B folks realize the following?

    1. About 100,000 or may be many times that number (I do not know) of L1 workers are brought to work to the USA? Do they realize that there is NO quota limit for L1?

    2. How the L1A visa is misused in the guise of the so called "International transfer" to file for GC under EB1 category?

    3 That many of the Indian / foreign firms no longer prefer to sendi their employees on H1 as they can send plane loads of L1 without any hitch?

    3. Every minute several 1000s of jobs are outsourced ?

    The root cause is because the immigration system is broken and the policies are not OK. Going behind H1 B Visa holders is not the answer

    01-09 01:33 PM
    I just got to this site via from immigration portal.
    I have been reading a lot in the other forum and here about the ways to cure retrogression. Lobbying for more Visa's and other things that were part of the S.1932 bill are fine, however these things are not going to solve the retrogression problem even if such a bill gets passed.

    No one seems to be talking about the real problem that is Labor Substitution. Abolishing Labor Substitution will itself take care of every retrogression problem.

    The INS does not have the right tools to police the misue of this rule. This is resutling in a lot of problems for even those employees whose Labor's get substituted even if they are still working in the same company.

    Any effort to reform immigration should start with first reforming the Labor Substitution rule (if not completely abolish).
    I know that all the companies/employers and the lawyers community are against removing the Labor substitution, therefore it will never be removed, but atleast it should be reformed so that it can be better policed so that no one is able to misuse it and play with peoples lives. And in turn add to retregression.

    Following reforms are needed in Labor Substitution.

    - First thing in the Labor Substitution reform is related to the Priority date. The Priority Date for a substituted Labor should the date when the Labor is substituted (or the I-140 filing date). It should not be be the date when the Labor was originally filed. This in itself will solve 90% of the problems related to retrogression.

    - When a Labor is substituted it should be verified immediately to find if there is any I-140 or I-485 that is pending based on this Labor. If so then the Labor should be rejected immediately. Currently this is not done at the time the Labor is substituted, therefore the resulting 485 filing just amounts to add up into the backlog of Visa Number requirement, until the priority date becomes current for this 485.

    - If an employee invokes the AC21 then that Labor should not be allowed to be substituted.

    - There should be a limit to the time until which a Labor can be substituted. This could be debatable and could have other consequences, as the INS could invalidate any GC application that is been pending for more than the this duration.

    In short the Labour substitution rule is in a mess and is getting miused a lot. People are getting fooled by the employers, and ultimately its making the retrogression more worse.


    07-04 10:57 AM
    I am sick and tired of cookie cutter responses from lawmakers staff. They have a standard template, that starts off with how concerned they are that the immigration system is broken, and their concern for American companies and workers and H-1b.
    Enough of that freaking rubbish....

    Lets send them letters, and specifically ask them
    a) Do you condemn USCIS/DOS behavior, or do you commend it?
    b) Do you sympathise with the plight of the employment based greencard applicants or not?
    Finally, say that their response will be posted on online public forums so that it can be shared with other employment based greencard applicants.

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