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  #6106 (permalink)  
Old 05-14-2012, 12:28 PM
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Originally Posted by Naruto View Post
Hi
Can someone help answer my questions if possible. Now that EB2I/ EBC are U. what happen's to the usual spill over visa numbers from EB1 and EB2W? does the extra go toward EB3?
thanks
It is very clear based on the CIS comments/estimates that there will not be any spillovers for the remainder of this financial year. Even if there is it will be an insignificant number. The coment that even EB2 ROW will potentially need to be set a cut off date makes it pretty clear that they have over issued the visas to EB2 I/C asuming lesser demand from EB1/EB2 ROWs. The remaining numbers available for this year appear to be hardly enough for EB2ROW. EB2 I/C becoming U does not mean EB3 cannot move forward. It depends on how many they have approved this year so far (out of 2800 anual limit) and how many are left. EB3 I/C will certainly make a jump and move forward at a faster pace if 3012 reaches its goal and lets hope for that.
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  #6107 (permalink)  
Old 05-14-2012, 01:36 PM
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Originally Posted by immigrant2007 View Post
Can someone really analyze howcome EB1 is getting full when Labor department on other hand is making life impossible for EB2 folks? This system is crap and fraud because everything is so obscure.
Welcome to the world of Desi IT giants ... From what I am hearing is that, these giants (such as Infosys etc) are sending many people, directly from India, as a "Global Project/Program Manager" .. They usually send them on L1-A, which goes through same scrutiny as of EB1-C category. Once, they finish 6 months on L1-A here in US, they would apply their EB1-C, and the EB1-C requirements are pretty loosely written, so most of these L1-A meet it and they get it !!! ..

So, you could working here in US for last 10 years, or you could be Ph.D. or a Doctor (M.D.) here in US, working on H1-B for many years, waiting for your EB-2 get approved, but there comes a avg. Joe, Qaulity Analyst, with 7 years of experience in India+ Indian B.E. degree, but he/she is manager in Indian units of these giants, and they are not suddenly eligible for EB1-C, and they get GC first ...

Just google about EB1-C etc, and you will find the details. There are people screaming about it from last few months. Surprisingly it was not noticable here on Immigration Voice. There are even petition letter sent to Congress to stop this non-sense.

" Global Project / Program Manager" that's their new name .. I have also heard many lawyer marketing about it, as well i.e. they can help writing the good case for EB1-C... It was not that apparent, but now it seems, with fee increase in H1B, and many rejection in L1/H1B, these Desi Giants are filing straight EB1-C for those quality analyst ...

People who would argue that those "global program/project manager" job are not an easy job to get -- please look at EB1-C inventory .. There are more than 3000 Indian "Exceptional skilled Global Program Manager" with just B.E., 6+ years of Experience and may be some gray hair
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  #6108 (permalink)  
Old 05-14-2012, 01:53 PM
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Originally Posted by The WalL View Post
Porting doesnt mean you simply take your EB3 and fill out some form because you've been waiting for more than 5 years. It involves going through a new PERM certification with the job description qualifying the position for EB2. It has been slow and audit-filled so far.
This could be true .. I was initially thinking, that porting screwed it up all, but reading USCIS's statement closely, and looking at inventory report closely, it doesn't feel so ..

What USCIS says that -- Even thought, the date was retrogated to Aug 2007, the demand was filled by "upgrades" what they meant is - Upgrade from EB3 to EB2 BEFORE Aug 2007 PD. And, now, if we look at inventory report, and add all the pending case BEFORE Aug 2007, it comes around 1400 only, in comparison to total of 39,000+ total EB-2 cases. And, not all 1400 of PDs before Aug 2007 could be from "upgrades" so the upgrades were low indeed. And, it could be because of the reason you mentioned, that it is going through lot of rejection, and audits.
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  #6109 (permalink)  
Old 05-14-2012, 01:57 PM
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Originally Posted by eyeswe View Post
First of all know that the GC process is not just for IT programmers.. Here is the trend in several industries (all non-IT - CPG, HC, Mfg, Auto) that I am consulting.. They are bringing in top execs from Europe/Asia and filing them on EB1.. At the same time lower level and middle level managerial jobs are slowly moving out of this country to Asia ..

Dont be surprised if EB1 starts filling up in years to come... EB3 as we have seen are all moving up to EB2 and therefore EB2 is the new EB3....

I think HR3012 did more harm thus far than good.. Most of the non I/C/Ph folks are aware of that and are asking HR to file them on EB2. Earlier this was not the case.. So increasingly EB2 ROW is going to be filled.. In my industry there are tons of non I/C/Ph/M folks on EB2 waiting to get their GC.. granted they are getting in a year but they are not going to be filing on EB3 anytime now..
The executive, you are talking about are -- "Global Program/Project Manager" mainly from Desi Giants .. google about EB1-C and you can find the petition/details around it ..

Even if, we have to believe that there is a surge in demand, it is hard to believe that the surge is so high, that, suddently, about 3000+ INDIAN executives are needed this year, at Top Executive Level ..

To me, most of these applications are -- from the people, who left US to India, during recession around 2008/2009, and now are coming back, after working as Sr. Manager in Desi Giants, as Global Program/Project Manager. ..
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  #6110 (permalink)  
Old 05-14-2012, 02:00 PM
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Originally Posted by thomachan72 View Post
It is very clear based on the CIS comments/estimates that there will not be any spillovers for the remainder of this financial year. Even if there is it will be an insignificant number. The coment that even EB2 ROW will potentially need to be set a cut off date makes it pretty clear that they have over issued the visas to EB2 I/C asuming lesser demand from EB1/EB2 ROWs. The remaining numbers available for this year appear to be hardly enough for EB2ROW. EB2 I/C becoming U does not mean EB3 cannot move forward. It depends on how many they have approved this year so far (out of 2800 anual limit) and how many are left. EB3 I/C will certainly make a jump and move forward at a faster pace if 3012 reaches its goal and lets hope for that.
Do you have any news about HR 3012 ? I dont see, anything being discussed here, nor see any more updates on it. It has been a while, now, so not sure, where it stands ..
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  #6111 (permalink)  
Old 05-14-2012, 02:14 PM
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Originally Posted by thomachan72 View Post
According to the inventory there are 4.9K of 485 pending for 2007. So I guess lot of the cases that had their perms stuck have been cleared and have shown up on the inventory that is why they made it "U" for the rest of the year. I feel that with 4.9K in 07 and atleast another 1K from previous years there is no way EB2 PDs will advance to 10/11 even in 2013.
Very true .. EB2 PD cannot advance to 2010/2011, even in 2013 (not fiscal year, entire 2013 year, I mean) .. The reason, as you also guessed .. there are about 50,000 pending inventory, and no spill-over, due to EB1-C from Desi Giants, it will take years -- optimistically, 2.5/3 years, at least, for EB2 to reach that level back.

Currently, if you notice, pending inventory, the difference between, EB-2 and EB-3 India is only like 9,000 cases or so, so EB-2's situation is as similar to EB-3, now. Though, the advantage of porting is diminishing - for people in the line in EB-3, For someone filing new in EB-3, it may still make sense to file under EB-2 .... it seem to be following "balance" ...

If Thomas Freedman was examining this, he would add comment in his novel -- Due to World becoming Flat, the EB levels are becoming flat .. -- yes, that's from the frustration of waiting ..
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  #6112 (permalink)  
Old 05-14-2012, 02:28 PM
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Originally Posted by bibliophile2020 View Post
Yes , I agree. EB1, EB2 and EB3 is full of fraud. This system is rigged by Indians - software companies and individuals. We got this mess on to ourselves and now we are trying to blame US politicians for holding up bills like HR 3012. As long as this fraud and abuse is going on nothing will fix the system. There are several physicians with years of medical school, residency and fellowship waiting in EB2 line and people with engineered qualifications get in EB1 and EB2. What a shame! After all how can we forget our old ways from back home. If IV is really interested in fixing employment based immigration system, they need to work on fixing the abuse and fraud first. By the way I am an Indian and not ROW
All these discussios are happening because of retrogression...If there was not retro, all EB's could have been genuine....
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  #6113 (permalink)  
Old 05-14-2012, 03:51 PM
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All these discussios are happening because of retrogression...If there was not retro, all EB's could have been genuine....
Perfect comment !!
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  #6114 (permalink)  
Old 05-14-2012, 04:52 PM
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Originally Posted by UKannan View Post
All these discussios are happening because of retrogression...If there was not retro, all EB's could have been genuine....
so true ..... classic example to showcase human behavior! .. during happy days, everyone are best freinds forever, come down fall, we start the blame game and point fingers...
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  #6115 (permalink)  
Old 05-14-2012, 08:24 PM
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Yes, we should do that before making a hue and cry about HOA not being fair and being run by officials to further their causes.
I am sure you would do that if, GOD forbid, someone near and dear to you gets hurt in an accident. I know a guy, K S Anand, from gurgaon started a campaign after his son, Rahul Anand, died in an accident...google it and you would know what I am talking about..
Let's see, you are trying to say that since we can not be the best kid in town, we should be the worst cry babies?
As for rest of the things you mentioned, I don't know many people who do them. These are not only unethical but wise people know that it is going to come back and bite them in the back, today or tomorrow.
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----If I am righteous i won't care about it, I will always be righteous. If I am wrong I should be treated like all wrong doers and if I am right I know there is no reward for that in our world.
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  #6116 (permalink)  
Old 05-14-2012, 08:56 PM
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Originally Posted by Pappu_Pager View Post
The executive, you are talking about are -- "Global Program/Project Manager" mainly from Desi Giants .. google about EB1-C and you can find the petition/details around it ..

Even if, we have to believe that there is a surge in demand, it is hard to believe that the surge is so high, that, suddently, about 3000+ INDIAN executives are needed this year, at Top Executive Level ..

To me, most of these applications are -- from the people, who left US to India, during recession around 2008/2009, and now are coming back, after working as Sr. Manager in Desi Giants, as Global Program/Project Manager. ..
As EB2 requires Masters, all EB1 should have PHD requirement.
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  #6117 (permalink)  
Old 05-15-2012, 10:02 AM
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Originally Posted by Pappu_Pager View Post
To me, most of these applications are -- from the people, who left US to India, during recession around 2008/2009, and now are coming back, after working as Sr. Manager in Desi Giants, as Global Program/Project Manager. ..
Just got done talking to a friend of mine in India who does work for an Indian IT giant. He said his division has been filing a lot of EB-1s this year. During 2008/2009, they had hired a lot of (returning from US) automotive experts into senior roles with managerial titles and had teams of engineers reporting to those guys. They were also hiring people of similar profile from Indian automotive companies. Now that the US auto industry is looking up and hiring, sub-contracting/bringing their former employees back, they're matching the current titles and roles over here. That has prompted the surge in EB1 usage this year from India filers. My friend said some of the people they've filed for are even attempting to recapture their old PDs in the early/mid-2000s.

Its just one person's anecdotal information, but if that holds true as a pattern, there is no reason to believe EB1 usage will go down in the next 2-3 years.

As for porting, looking at the inventory reports, porting doesnt seem to account for more than 1,000 filings. Thats no small number, but in the larger context of overall EB numbers, its less than 1%. That is neither a source of worry for the DoS/filers nor a source of huge revenues for DoL/USCIS.
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  #6118 (permalink)  
Old 05-15-2012, 10:04 AM
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Originally Posted by mgmanoj View Post
As EB2 requires Masters, all EB1 should have PHD requirement.
EB2 doesnt necessarily require Masters. It requires 'advanced skills' and experience in the field of employment being sought. Many in the legal community have substituted Masters for advanced skills. There are plenty of technical roles that dont require Masters.
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  #6119 (permalink)  
Old 05-15-2012, 11:02 AM
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Default Let us make this discussion productive again!

can we focus on what needs to be done?
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  #6120 (permalink)  
Old 05-15-2012, 01:21 PM
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Support IV is what we can do. If Obama comes back to power there is a greater probability of some progress towards Comprehensive Immigration Reform since it will be his second term and he won't have anything to lose by pushing the immigration agenda. If Romney comes to power, you can bet he won't touch the immigration issue in his first term.
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