Latest Retrogression Update from ILW.com

Your interpretation of sched A is wrong

Your conclusion on Sched A is wrong. Read my post on the "doing the math" thread.

ShibuGeorge said:
Guys, When you consider the visa number usage,
Also keep in mind that Scedule A workers is current.

Although the Visa Bullettin Says "up to 50,000" visas,
I have heard that they use up the regular numbers first.

So what will end up happening is, even the existing
eb3 regular visas can be drained by Schedule A workers
even as other eb3 workers get 'NOTHING' because of
cut-off date being pegged at Jan 1998.

Now, correct me if I am wrong; 2006 eb3 numbers
will be used up by Schedule A and after those are over
they can eat into their own 50K visa allotment.

Initially I thought the schedule A is only till Sept 30
(end of FY 2005) Now it appears that DOS forgot about that part
of the law that created it!

I think Schedule A category and Labor substitutions is what will do havoc to
eb3 GC aspirants. It s not the existing pending cases.
And I beleive this is UNFAIR
true GC not a right
But Atleast why cant they have a temp visa program and subsequent
GC just like techies.

Bottom Line: Other EB3 categories, forget about GC approvals
for a couple of years and sit tight

What a miserable situation for guys here in the US for 8 to 10+
years and wasting their prime life anxious about the
"idiocracy" (I dont know if this word exists) of this system
 
LCsilence, here you go....

http://www.cornyn.senate.gov/doc_archive/07-25-2005 CEIRA Introduced.pdf

Scroll to page 132, section 1003: Allocation of immigrant visas.

Alternatively, you can also go to thomas.loc.gov and search bill by number "S.1438" and click on the link Sec 1003.

LCSilence said:
InfoStarved, where did you get information that Cornyn-Kyl cut EB1 and 2 quota to 10%? I thought it was 20%.

Anybody has any idea when these two bills will be discussed?

Thanks,
 
Waiting for these bill is like looking into a mirage.
First no bill that increases the numbers are going to pass. Even if they pass, they will do so after modifications that will remove any number increases.
And even if it passes as it is in the current form its not going to help. Unless the following two things happen first. The first one effects only EB3.

1. Separate the Schedule A workers from the Tech workers. I mean these two categories should not be in one. Currently they are in EB3 and Schedule A workers get the first shot a all the number even though they have an additional buffer of 50K stashed up in the their kitty. No bill is going to help EB3 unless this is done first. Believe me even if the quata is increased to 1 million, its not going to help Tech workers in EB3.

2. This is the most helpful and will help everybody, even if there is not increae in Visa numbers. This is to remove the Labor Substitution, this will first help clear up the backlog reduction efforts and then would speed up the forward movement of the PD's.

Guys please please dont waste your thoughts and efforts on banking on a Mirage that is these bills. They are not going to help us.
If anything we should try to garner support to do away with Labor Substitution.


neocor.
 
neocor said:
Waiting for these bill is like looking into a mirage.
First no bill that increases the numbers are going to pass. Even if they pass, they will do so after modifications that will remove any number increases.
And even if it passes as it is in the current form its not going to help. Unless the following two things happen first. The first one effects only EB3.

1. Separate the Schedule A workers from the Tech workers. I mean these two categories should not be in one. Currently they are in EB3 and Schedule A workers get the first shot a all the number even though they have an additional buffer of 50K stashed up in the their kitty. No bill is going to help EB3 unless this is done first. Believe me even if the quata is increased to 1 million, its not going to help Tech workers in EB3.

2. This is the most helpful and will help everybody, even if there is not increae in Visa numbers. This is to remove the Labor Substitution, this will first help clear up the backlog reduction efforts and then would speed up the forward movement of the PD's.

Guys please please dont waste your thoughts and efforts on banking on a Mirage that is these bills. They are not going to help us.
If anything we should try to garner support to do away with Labor Substitution.


neocor.
I agree with you.
I will say that even though the law says Schedule A gets only upto 50K
I dont think there is a way to check that kind of allotment
at the time of Visa Issue
If its Schedule A , they are current and they get approved no matter what
Does any one know that status of Labor substitution?
I thought that had gone from OMG
Are there still tonnes of Old LCs pending at DOL?
Any one has any ideas?
 
ShibuGeorge said:
I agree with you.
I will say that even though the law says Schedule A gets only upto 50K
I dont think there is a way to check that kind of allotment
at the time of Visa Issue
If its Schedule A , they are current and they get approved no matter what
Does any one know that status of Labor substitution?
I thought that had gone from OMG
Are there still tonnes of Old LCs pending at DOL?
Any one has any ideas?

Obviously the are tonns of Labor pending in the BEC. That is the only reason the dates have moved back so much.
Moreover 99% of the 45 day letter have come back to the BEC's with proceed from the employer even thought the employee is not anymore working with them. The USCIS have just extrapolated the number and put the Prioirty date back to 98-99 timeframe.

Believe me abolishing Labor Substitution is the way to go.

neocor
 
I read some where says DOL is working on abolishing Labor substitution by the end of this year. Any body has updates on this?
 
Hi All,

I am not seeing anypoint in waiting for I-485 filing for issueing EAD.

Authorities must give proposal to issue the EAD immediately after I-140 filing due to the historic priority date due to retrogression. This solve around 75% of the problem of still in H1-B.

Is there anybody know any proposal of this kind in place or about to happen ?

Thanks
Arun
 
Let me add:
In addition to the EAD issuance after I-140 filing, USCIS could change the requirement and let people change jobs and get rid of that need to send AC21 letter to prove similar or same occupation. That in fact would solve 75% of the problems since people could change jobs in a more realistic fashion and survive until final GC is approved.



arun_gc_waiting said:
Hi All,

I am not seeing anypoint in waiting for I-485 filing for issueing EAD.

Authorities must give proposal to issue the EAD immediately after I-140 filing due to the historic priority date due to retrogression. This solve around 75% of the problem of still in H1-B.

Is there anybody know any proposal of this kind in place or about to happen ?

Thanks
Arun
 
pa_arora said:
I read somewhere that the backlog centers have approx 300,000 labour applications.

Out of that 250, 000 labors are for people who have left the job and moved over and the company is going to substitute to the biggest bidder.

neocor
 
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