Being in immigration queue in uncertainty is bad. Doesn't everyone at least agree on that ?
So people will try whatever routes they have at their disposal to get GC. Some try EB2, some try EB1. At the end of day it is just a rat race !
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Being in immigration queue in uncertainty is bad. Doesn't everyone at least agree on that ?
So people will try whatever routes they have at their disposal to get GC. Some try EB2, some try EB1. At the end of day it is just a rat race !
I agree..this is all because the system is all messed up. Given a chance anyone will try this route given that other routes have 10-15 year wait. EB1C abuse is difficult to prove. All the big companies have big lawyers doing these cases. reporting abuse is one thing, proving it is another. Plus i think we will end up digging our own graveQuote:
Originally Posted by gcq
I think the abuse is blatant these days, I have seen a guy with less than 4 years already hold a GC. I recently heard that CTS is allowing its employees use their choice of attorney and don't have to go thru company attorneys because the company attorneys are becoming a bottleneck. Now coming to the anise of it, if USCIS can ask a simple question on why do they need 600 managers every year and ask for the already approved candidates info all the companies will fall into place.Quote:
Originally Posted by anuprab
BTW, I don't want to digress the agenda of this thread, please move my posts to appropriate thread.
There was a post in Trackitt by user maveric70 about the general attitude of Government towards Employment immigration especially towards Indians..it definitely deserves at least one read.
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Posted by maverick70 (62) 21 May 2016#5045
to sath1982:
Look at all of you. Squabbling over a few 2803 EB-1 visas per year for India and a few 'thousand' more that EB-1 India gets and horizontal carryover in that category
The fundamental problem is non-acceptance of Indians as Immigrants. That's the mentality. They have absolutely no problem in keeping you a non-immigrant for decades. In the same token they see DACA children as Americans and DAPA parents as Americans. They have no issues in processing a million DACA applications in 3 months while your extension takes over 9 months. They have absolutely no hesitation in adding more restrictions to your work permit. Change city file an amendment. Change employer file amendment, finishing 3 years file an extension.
Travel outside with a valid extension the department of state has no hesitation in denying you a visa at the consulate knowing very well that you are living the productive part of your career in the country and will have hardships if you can't come back to take kids out of school and sell or donate your belongings house car etc and find a new job back home. In the same token they are ready to hand out 5 million EAD with freedom to work and travel. Not that I have anything against treating undocumented humanely but you handle millions humanely but you put so many restrictions on a few thousand? Why?
Form I-129 is like 30 pages long. DACA/DAPA application is like not even a page. You struggle to get your Drivers License renewed even though doing things the right way while they are doled out without restrictions to thousands.
While you and your children who either born here or brought here as kids are still non-immigrants. They don't see you as Americans contributing to communities, societies, schools paying taxes, making your organization competitive by working hard. Wake up. Smell the coffee. See the reality.
It's a two way street. You are being exploited for decades. At 2803 visas per year for India a person applying in EB2 today will get greened in 2042 and a person applying in EB3 will get greened 2103. Yes do the the math. So why are they accepting and approving I-140 applications knowing very well they will not be able to keep their commitment of giving an immigrant visa for such a long time.
People will die or be in their old age by the time their dates will be current. Do you think they don't know this but have no compassion or empathy and can't even give an EAD to people who are contributing. Really they talk about fairness?
So let whoever can use EB-1 let them use and exploit it. Why talk of fairness when there is no fairness in the system. I would love all 40040 EB-1 visas to be granted to Indians. Let EB2/EB3 categories be overrun by Indians. After all they are allowing the family based and undocumented category to be run over by millions from South America.
Again I will repeat nothing against the people who are getting benefits. Their situation deserves it. And I will repeat it's the mindset that we are not deserving for some reason and need to be restricted choked in freedom of thought, movement and restriction that I have a huge issue with. That mentality needs to go for us to succeed. We are productive lawyers, doctors, nurses, scientists, programmers, equity traders, hedge fund managers CTOs/CIOs, engineers and this is the treatment we get? I am not saying treat us specially but at least treat us fairly worthy of our contributions.
Stop squabbling, thinking of fairness and stop blaming your own country fellows for your situation. The problem resides somewhere else.
Interesting post. The only difference I see between illegals and us legals are there are employers wanting us to be in this state. In case of illegals, they don't have employers. They need to work only with politicians, Remember how companies successfully screwed up the EAD program for legals. They are large corporations with billions and their people are in all govt departments like USCIS and DHS.
I am pretty happy looking at the April inventory for EB3I:Quote:
Originally Posted by geterdone
- EB3ROW has pretty much stayed steady going down from 12,212 to 12,099. Which means the increase in PERM certifications had little effect in the EB3ROW inventory. This is extremely good news.
-EB3I inventory went down from 19,827 to 18,047 a decease in 1780. The quarterly quota is 720 so the rest of inventory thinned (around 1K) thinned out due to porting. Again, good for us.
Looks like the increase in the PERM certifications is yet to show up on the pending inventory. This could lead to more SO this year and less next year???
Spec, YT, other gurus...waiting for your input.
It's mindboggling to see Indians still porting from EB3 to EB2. Guys ... stop this madness. EB2 is not moving any faster than EB3.
The latest inventory insights are as follows:
1. EB4 may be running under and may yield some numbers.
2. EB1 is having more demand than supply. So much so that it will probably eat up any spillover as well.
3. EB3 seems to be holding steady - that is very surprising and kind of bad news for EB3I.
4. EB2 also holding steady - this was expected bad news for EB2I.
So net net - it's #3 that is really surprising.
Why do you say "It's mindboggling to see Indians still porting from EB3 to EB2. Guys ... stop this madness. EB2 is not moving any faster than EB3."?Quote:
Originally Posted by qesehmk
There is very very low demand till Sep, 2008. Demand up to this date is created by porting applicants. So even with normal quota (2803) any EB3I appicant with PD earlier than this would get GC in 1st 8-9 months of each financial year. So I believe your statement is incorrect.
Thanks
Touche. I agree I was a bit over the top. But try to understand the point. EB2-I is at this point positioned worst - worse than EB3-I - except of course the fact that it is still ahead in terms of dates. But in terms of visa availability EB3-I is positioned better.Quote:
Originally Posted by Suva2001
We don't know how this will play out. So while for a minority porting may still be attractive - for majority the porting to EB2 is no longer any more attractive than the possibility of EB3 dates catching upto EB2 or even exceeding in next few years.
Q, why would you say this is bad news for EB3I? EB3ROW PD has moved 4 years in the last year alone but has not retrogressed even with that aggressive movement. The reason is clear as the pending inventory has been steady at 11k to 12k. Even with the faster PERM certifications, EB3ROW (and EB2ROW) inventory have not increased. Considering EB3ROW has remained steady at 12k even though the category is technically current points to a good year for EB3I.Quote:
Originally Posted by qesehmk
I would like to know why you say this is bad news for EB3I? Were you expecting the EB3ROW inventory to be lower?
Yes I would've expected EB3ROW to be lower than in October.Quote:
Originally Posted by EB3Iwaiting
The aggresive movement you mention already happened last year. It also became clear last year itself that it was sustainable i.e. thre was no need for retrogression.
So teh response of govt agencies is to clear PERMs and 140s... that's how they are trying to generate demand. But the fundamentally EB3ROW has not much demand and that is why I say fundamentals are very strong for EB3I. But in the meantime the agencies it seem are successful in holding back EB3-I from benefitting by doing as much as they can to generate EB3ROW demand.
That's the bad news that EB3-I otherwise should be getting a load of ununsed visas. This report kind of raised a small question mark on those prospects.
looks like their sole aim is to dole out visas to RoW than Indians stuck for decades. Between one quarter the pending apps for Eb3 Row category has gone up to 3.8k from 1.7k. so they processed 2k AoS apps for RoW to put them in the pipeline for approval in just 3 months.Quote:
Originally Posted by qesehmk
Q,Quote:
Originally Posted by qesehmk
I beg to differ from the EB2 analysis. I can see some good news in the EB2ROW pending inventory.
Lets compare FY2015 and FY2016 as far as EB2ROW pending inventory goes.
FY15 Jan PI - 17,994
FY15 Apr PI - 19,878
FY15 had an increase of almost 2k in the PI between Jan and Apr pending inventory in spite of a record number of approvals.
FY16 Jan PI - 19,466
FY16 Apr PI - 18,828
FY16 had a decrease of 600 between Jan and Apr pending inventory. This means there were more processed than the newly available demand.
As of Apr 2016 there are 1000 lesser pending applications as compared to Apr 2015. This makes me hope that number of EB2ROW approvals from Apr - Sep will be lesser in 2016 as compared to 2015.
May be it is my wishful thinking because I would get a chance at GC if EB2ROW yielded 1.5K SO to EB2I :)
Thanks Jagan. I wouldn't conclude anything so conclusively eitherway because the reduction could be noise.
That's why I would stick to last year's consumption pattern + this year's increase in PERMs - both of which together paint a bleak picture.
Quote:
Originally Posted by Jagan01
Waiting for input from Spec, YT & other gurus !!Quote:
Originally Posted by EB3Iwaiting
EB3-I folks, Don't get disappointed... I don't see any red flags with this I-485 report with respect to EB3-I expected SO... I'm still hopeful that there will be big SO to EB3-I.Quote:
Originally Posted by GCwaiting
We have predicted that will happen in the last quarter hence urge you guys to wait till the end of the last quarter and see.
I'm not here to provide any false hopes.. when I had projected that chart 2 years ago it was a calculated guess.. I still think it will happen to greater extent unless CO wastes the visas like last year.
one way of looking at this report is :
Compare the numbers under all EB-2 and EB-3 categories.. we know that this year EB2-I will get max 4k out of total 40k of EB-2 and whereas we are expecting in EB3-I, 16k out of total 40K of EB-3.
you should be able to see that difference when you compare all the available numbers under EB-2 and EB-3 categories.
I don't want to speculate any more and would like to wait and watch till the end of September.
what I am surprised is that if eb3row is not getting enough demand why does eb3row have a cutoff date should it be current like eb2row.... this is totally wierd .... why make eb2row current and not eb3row unless eb3row is oversubscribed
I am totally with you, but like @mfd1402 said, why is EB3ROW not Current when EB2ROW is Current? Why has USCIS not generated RFE's to EB3I beyond Feb2005? These are the head scratchers..Quote:
Originally Posted by YTeleven
As we discussed before CO has agenda.Quote:
Originally Posted by mfd1402
USCIS is not generating RFE beyond Feb 2005 probably because CO is "predicting" somehow he is going to get EB3-ROW applications from MARS. So USCIS won't generate RFE unless they are damn sure that application is going to be approved in a year or that EB3-I candidate will be wasting their money, USCIS will be wasting their effort. All this is based on false prediction by CO. IMO what is going to happen by last quarter is very different from what our genius CO is predicting. Dates are going to move drastically. 1 month is all that is needed for an applicant to respond to all standard RFEs. Unless somebody is going to go after CO, he will do this every year.Quote:
Originally Posted by HarepathekaIntezar
It's weird ..... I would expect at least 40% eb3i ppl have ported to eb2 over the last few yrs.... At least by moving dates we will get an accurate demand estimate for eb3i and reduction of porting
The only explanation I can think of CO not moving eb3i dates is that he expects every 1 application to generate 3 or 4 apps due to kids , wife etc
16K to EB3I would be great. In addition to much desrved relief to EB3I people waiting for over a decade this would probably save 2-3K of ported Visas for EB2I.Quote:
Originally Posted by YTeleven
It looks like once the EB3-i dates move beyond 2007, they will zoom past EB2 for a long time.
DHS has finally published the FY2014 Yearbook of Immigration Statistics and the accompanying Tables.
The main page is here.
Obviously, no sign of the FY2015 figures!!
Edit:- I know people are interested in the EB1 breakdown. Here it is for the primary applicants:
EB1A -- 24.5%
EB1B -- 18.5%
EB1C -- 57.0%
Total - 100.0%
Thanks Spec. 2015 figures will probably come 1 year from today.:pQuote:
Originally Posted by Spectator
July VB released:
https://travel.state.gov/content/vis...july-2016.html
EB2I - 1 Nov 2004
EB3I - 22nd Oct 2004.
Still no spillover. We have to wait for the last 2 months. CO wants to give every available GC to ROWs before applying SO.
I am scared there will be wastage. Can they process that many visas when they even havent issued that many RFEs yet??Quote:
Originally Posted by EB3Iwaiting
Unless we do something about it, this will continue !Quote:
Originally Posted by anuprab
depressed and helpless because there is nothing we can do about this...at this rate feel like packing up and going back.Quote:
Originally Posted by gcq
Thanks Spec!Quote:
Originally Posted by Spectator
So apparently more 'managers' are required than research scholars ...excellent
I have seen a whole team onsite of Infosys/Genpact get EB1C GC's over the last 2-3 years. Some testers will be appying for citizenship when I'll re renewing my EAD for the 4th time.Quote:
Originally Posted by suninphx
I was ok with "account managers" getting EB1C GC's (even though they're just resource managers who are onsite), now it's on a ridicoulous scale. Everyone is invited.
We are not helpless. If CO was acting as per law and in the spirit of law, it is ok to feel helpless. Even then you can petition lawmakers to change the law. If CO is holding dates for EB3-ROW and EB3-I against law, it should be challenged.Quote:
Originally Posted by anuprab
I want to feel optimistic and say that things will get better from now on. There was a time in 2005-2007 when even worse abuses were happening like pre-adjucated I-485's and then USCIS stepped up and put an end to all that non-sense. Now there is all this EB1 abuse and its only a matter of time before it comes in the radar and scrutinized.Quote:
Originally Posted by smuggymba
When there is a tide, all boats will rise. If and when economy tanks, a lot of people will go under. We just have to be patient till that happens. I am not discounting the power of legislation but given the toxic political situation we are in, the chances of that happening is minimum to none.
Its darkest before the dawn.
Iatiam
I am totally with you on this..CO and company/law makers think they are doing a great job by abiding by the laws like the per country limit. If they think so, I am okay with that…. Can’t they think rationally that how can they give away GCs to these EB1 folks who are not even managers in the first place (basic definition of LIA Visa). If they know it, how can they let it happen, how can they let them misuse it time and again, especially , when EB2 and EB3 folks are at a stand still and does not even look like situation is going to improve in the next 1/ 1 and half years ahead.
Can’t they think logically for once how easy it is to fix it. All they need to do is - implement minimum wage requirements for these so called managerial categories L1A (to be at par with H1) – meaning, for any managerial categories, minimum wage requirement should be 120k/125k (which is also an industry standard) and also By doing this, 75 to 80% of the L1 folks will not qualify and only real managers will qualify…. But its just basic logic/common sense (which somehow they want to ignore), I don’t know the reason why? Spec/Q and other gurus, do you know why?
Quote:
Originally Posted by gcq
Iatiam,
I am also an optimist person, but this abuse is happening for quite a while now, its high time they should take action - not sure what could go wrong if they implement minimum wage requirements for EB1 GCs.... they will certainly be so called within law (which they are mostly worried about)...
hope21 - one can sense your anguish. I will first address your question about salary requirements and then speak about the topic in general.
Wages vary across industries. If wages were the determinant of GC eligibility then you would see candidates mostly from financial, pharmaceutical, healthcare or technology industry in that order.
I have seen individual contributor roles earning north of 300K and managers of 1000 people earning 120K - this is within one industry.
As per the whole debate about who has better claim over GC - L1/EB1 vs US educated (MS MBA etc); USCIS/DOS don't aim to provide GCs to the most bright people. They have an economic objective to meet. And they have made certain categories with certain rules. Those 4-5K indians are actually fulfilling those requirements. Your or mine personal opinion about "who deserves what" don't really matter to USCIS/DOS.
Besides Indians are being robbed of 50K or so visas every year. How? because they are getting 7% of visa supply as opposed to 50-60% demand for visas that Indians constitute. You should be asking - why this discrimination in visa allocation. That law itself is soooooooo discriminatory.
If I were you and felt like doing anything - I would spend my time and energy fighting the per country quota. That is the biggest EVIL in immigration.
EB1-C India folks are not a problem at all.
Quote:
Originally Posted by hope21
It applies to everyone who has an approved PERM and I-140. That proves your skills are required by your company here, you are paid the correct wage and the company could not find an American to do your job. So, for an Employment Based GC, why discriminate based on country of birth? It matters for Family Based. The reason is they do not want any country to dominate immigration pattern in any category, be it FB or EB.Quote:
Originally Posted by qesehmk
Agree. Removing per country quota is important. We can go on debating this. But for the reason I posted in bold, it is an uphill task. But we should also work to recapture all GCs that still remain wasted.Quote:
Originally Posted by qesehmk
for me -this is very disappointing statement from someone like Q! I have observed over the years whenever some one says something about EB1C, there is always always supportive post from Q.Quote:
Originally Posted by qesehmk
Of course, he is entitled to his own opinion,more so, being owner of the blog. May be one should wait 7-8-9 or more years to get GC to understand the pain.
And btw - are you talking about 4-5k primary applicants? Because EB1C India takes much more than that - AFAIK.
And removing country quota will not solve something overnight. It will stall take years to clear current backlog. May be visa recapture is needed first followed by removing of country quota.