Visa Bulletin For December 2005

Here is An Real Example

I was in school during April 2001. Lot of my know people requested to file an labor before April 2001 just pay $10,000 to a deshi hotel owner or some one. Then one day I went see one of friend got sponser for bagel store just around that and but he was really working for that store. At that place while we were chating about immigration one deshi guy came forward and asked me that wheater I want to work for him. Basically it is not a work it like you have find you own work and you will give him the total money instead he will pay your salary and then process you paper. He said he has 30 pre approved labor already. Later I came to know that he has only a office where he sell phone desi phone card and he has permit for construction work. Only there people working in the office. I didn't undestand how he got all that pre approved labor.

Next while I was searhing for a used car I went to see the car from paper advertisement and I found deshi guy(age around 46-52, leaving alone). I saw the car didn't able to buy for high price as I was a student that time. Then while I was leaving he told me "Do any young deshi women, I need some help in my home............. :eek: , I will sponser".

So those are the people creating real trouble. There are many of them. And I think professional people people should seperated from EB3. Because lot of these 245i applied from deshi stores does have some income to sponsor one but they will sponsor 20 of them some of the working rest taking money. I think ability to pay should be implimented at the prevailing wage determination stage so that they can deny the application before filing with labor department.

:(


dmbronner said:
The real reason for the 45 days letter was to confirm if the company is still making a petition, the MESS with the 300,000 approx. cases in BEC is due to the F....g 245i law, I think that many of these 300,000 cases are fraud.

Why do you think that Rest of the world is in March 2001? Because the f...g 245i was until April 2001 and many "Companies" sponsored LC for their employees.

Finally, I know that is difficult to find a Real company to sponsor LC / GC, so how come now that there are 300,000 LC in backlog centers? Because most of these pretitions are F R A U D U L E N T!!!!!!!!!!!!!!!! Here is the reason of 45-Day Letter!!!!
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Enough Left over should be carried for next year

certain Percent of Left over should be carried for next year for the same country(to remain Current that why AC-21 is unfair) so that one get 100,000 Visa and one get one visa. per year. And then next coutry got one last year should not be retrogressed to five year for the second year. I know how much skill you guys carry
:eek:







techy2468 said:
Rest of the World doom!!!

--------------------------------------------------------------------------------

*******gcfever2005*****Unfair AC-21 act allowed Indian and chiness people to suck all the recaputed VISA's. More than 45 to 50 thousand green issued to indians per year where only few thousand for rest of world even lot of countries did able to fill their yearly quatos. Now we have wait for long time. Is not that Unfair!!!!!!
*********


listen to gcfever2005 rant his feelings.......that indian and chinese take all the visa....maybe he has no math capabilities....

i hope he understands that.....everyone is supposed to get their share.....ind/chin get whatever is left.....

btw.....country based restriction for a skill based visa...is stupidity...and unfair......so pls do not think.....that the rest of the world is your right.......think where u stand in terms of skills when u compare yourself to ind/chin or anyone...
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Lc Fraud

I know that most of the LC applicants before April 2001 were fraudulent like the example above, this is the real problem for EB3. I myself I am EB3 for a Real 20-year-old Company with $5 mm in annual sales, although is not Microsoft, it is not a F....g Bagel Store!

By the way, what means the term "Desi" used by most Indian people in this forum?
 
There are some companies that might be misused rules .. that’s not true all the time.. there are good companies and they always work along with the rules.. It doesn’t matter its American or Indian. Then about the skills.. Its all same to every one no matter where you from. It depends on how you use it when you use it. The GC here is employment based where the country comes in here. The right way to put in may be Employment/Country
based GC.
 
sorry GC_fever2005..........i thought u were commenting in general about per country limit....saying that its not fair that ind/chin get so many visas....

my point was not supposed to be for ac-21 misuse.....(i still dont know how ind/chin can affect rest of the world??, since everyone has seperate quota..., can anyone confirm this???........EB3 rest of the world (ROW)got retrogressed because of too many eb3-ROW.

i think in canada and australia....there is no per country limit....its only based on skills.....and other criterias....(i am not sure though)
 
Agree With !!!

Labor_Wait said:
There are some companies that might be misused rules .. that’s not true all the time.. there are good companies and they always work along with the rules.. It doesn’t matter its American or Indian. Then about the skills.. Its all same to every one no matter where you from. It depends on how you use it when you use it. The GC here is employment based where the country comes in here. The right way to put in may be Employment/Country
based GC.
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That is the right way to go!!!

techy2468 said:
sorry GC_fever2005..........i thought u were commenting in general about per country limit....saying that its not fair that ind/chin get so many visas....

my point was not supposed to be for ac-21 misuse.....(i still dont know how ind/chin can affect rest of the world??, since everyone has seperate quota..., can anyone confirm this???........EB3 rest of the world (ROW)got retrogressed because of too many eb3-ROW.

i think in canada and australia....there is no per country limit....its only based on skills.....and other criterias....(i am not sure though)
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Now face the reality and fight together !!!

Sorry guys,

I did not wanted to hurt any one's feeling. What so ever, we have to face reality now together. I also understand the feeling of the people trying to get their GC other way around. All of the because the unfairness of immigration policy.
I think immigration like CANADA would have been much more preferable for us with degree and sets of skill.


:eek:




techy2468 said:
sorry GC_fever2005..........i thought u were commenting in general about per country limit....saying that its not fair that ind/chin get so many visas....

my point was not supposed to be for ac-21 misuse.....(i still dont know how ind/chin can affect rest of the world??, since everyone has seperate quota..., can anyone confirm this???........EB3 rest of the world (ROW)got retrogressed because of too many eb3-ROW.

i think in canada and australia....there is no per country limit....its only based on skills.....and other criterias....(i am not sure though)
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actually my friend its more than just Indians & Pakistanis


It refers to everyone from the Indian sub-continent, will include India, Pakistan, Bangladesh, Sri Lanka, Nepal, Bhutan & Maldives...

Bro, you need to chill here.... I am sure there have been manipulations of the rules by some employers, but that has nothing to do with the nationality of the employers, more so about law of numbers and averages....

There are more employers in the IT field from the Indian subcontinent, as they have the first mover’s advantage, better exposure to the lingua-franca of this country… thereby control most of the employment avenues in this sector…. And hence more of the folks misusing 245(i) & AC21 might be from this group….

Just law of averages my friend… if on the other hand there were more lets say “Freedonians” dominating this industry, these would be the ones misusing…..

That being said STANDARD DISCLAIMER – I am neither in IT nor do I work for a “DESHI” smirk smirk company
 
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i agree with you vsaksena....anyone in the world will try to use the law to their fullest advantage......thats how it goes....and everyone wants to make most money.....that why desi companies....suck their employees.....since they know they can do it...at the same time.......i have seen workers leave their good company for few more dollars.....its works both ways....but the problem has been because of this GC .....employers got undue advantage to suck more and more......

btw....if i would have come earlier(95-97)....i would have owned a bodyshopping (of course tech guys....fresh from india type body shopping.. :D )....i would have tried to use/misuse all laws...so that i can make max money.....who cares about ethics.....this is a capitalist country.....
 
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visa dates/ can some one explain it to me

These are the lines from Murthy.com, can some onw explain it to me.
"Anticipated Future Progress in Dates

As we have indicated, some dates moved forward substantially. Anticipating significant jumps to be routine in the future for all categories, however, may be too optimistic. As long-time readers of MurthyDotCom and MurthyBulletin will recall, many cases were filed between January 2001 and April 2001, to meet the INA 245(i) deadline for persons who otherwise would not have been eligible to adjust status to permanent residence. A great many cases were filed especially at the end of April 2001, in an effort to beat the deadline. Thus, forward movement may continue, but is likely to slow or stall around the April 2001 date. In the EB1 category, it is possible that the dates will continue to improve because the EB1 category has not retrogressed to a date prior to April 2001. In the EB2 and EB3 categories, however, they have. It is unsurprising, therefore, that while the India EB3 dates that were set at 1998 progressed a year, the dates for Mexico and the remainder of the world, which were close to April 2001, did not experience the same level of movement. While it is possible that the dates not yet close to April 2001 may experience major movement again, it is unlikely that the dates close to April 2001 will move ahead substantially in the months to come unless Congress and the President enact a law to increase the number of green cards available in the employment-based categories."
 
techy2468 said:
i agree with you vsaksena....anyone in the world will try to use the law to their fullest advantage......thats how it goes....and everyone wants to make most money.....that why desi companies....suck their employees.....since they know they can do it...at the same time.......i have seen workers leave their good company for few more dollars.....its works both ways....but the problem has been because of this GC .....employers got undue advantage to suck more and more......

btw....if i would have come earlier(95-97)....i would have owned a bodyshopping (of course tech guys....fresh from india type body shopping.. :D )....i would have tried to use/misuse all laws...so that i can make max money.....who cares about ethics.....this is a capitalist country.....
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Not only have workers left for a few more dollars, there have also been folks who are willing to be "exploited" from the begining, getting paid a pittance/paying the employers back in order to get sponsorship, effectively working for a fraction of the prevailing wages, Also these are the same group which is willing to BUY pre-approved labor, apply for multiple LCs under EB3, RIR, PERM, EB2.... The list goes on....

There is a saying in my native language "Taali ek haath se nahi bajti" i.e. It takes two to tango

Peace out ;)
 
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Will 245(i) mess affect Visa processing as well

As we have indicated, some dates moved forward substantially. Anticipating significant jumps to be routine in the future for all categories, however, may be too optimistic. As long-time readers of MurthyDotCom and MurthyBulletin will recall, many cases were filed between January 2001 and April 2001, to meet the INA 245(i) deadline for persons who otherwise would not have been eligible to adjust status to permanent residence. A great many cases were filed especially at the end of April 2001, in an effort to beat the deadline. Thus, forward movement may continue, but is likely to slow or stall around the April 2001 date. In the EB1 category, it is possible that the dates will continue to improve because the EB1 category has not retrogressed to a date prior to April 2001. In the EB2 and EB3 categories, however, they have. It is unsurprising, therefore, that while the India EB3 dates that were set at 1998 progressed a year, the dates for Mexico and the remainder of the world, which were close to April 2001, did not experience the same level of movement. While it is possible that the dates not yet close to April 2001 may experience major movement again, it is unlikely that the dates close to April 2001 will move ahead substantially in the months to come unless Congress and the President enact a law to increase the number of green cards available in the employment-based categories.
 
Well.....Were there a lot of applications under EB-2 when people used 245i provisions?? I thought most of 245i used EB-3. No??

Santosh
 
Effect of 245i

atyagi73 said:
As we have indicated, some dates moved forward substantially. Anticipating significant jumps to be routine in the future for all categories, however, may be too optimistic. As long-time readers of MurthyDotCom and MurthyBulletin will recall, many cases were filed between January 2001 and April 2001, to meet the INA 245(i) deadline for persons who otherwise would not have been eligible to adjust status to permanent residence. A great many cases were filed especially at the end of April 2001, in an effort to beat the deadline. Thus, forward movement may continue, but is likely to slow or stall around the April 2001 date. In the EB1 category, it is possible that the dates will continue to improve because the EB1 category has not retrogressed to a date prior to April 2001. In the EB2 and EB3 categories, however, they have. It is unsurprising, therefore, that while the India EB3 dates that were set at 1998 progressed a year, the dates for Mexico and the remainder of the world, which were close to April 2001, did not experience the same level of movement. While it is possible that the dates not yet close to April 2001 may experience major movement again, it is unlikely that the dates close to April 2001 will move ahead substantially in the months to come unless Congress and the President enact a law to increase the number of green cards available in the employment-based categories.
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Were there many Indian or Chinese filed their GC applications under 245i? I mean, from what I know, majority of illegal immigrants are Mexican, aren't they?
 
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Assuming there were applications from Chinese and Indian illegals. But they were all filed in april ( assuming ) under 245i.

Was the labor approved at the same time. As per my knowledge PD is based on the labor approval date and not the application date.
So how come it would get stuck at april 2001. Hypothetically if the labor was filed in april 2001 and also assuming that DOL was very efficient at that should it at least take 6-8 months for the first approval to come through.
So the bottle neck now moves to SZept of 2001.
Maybe I am mistaken , but this is my take..
Any ways I am january 2001 so it does not make any difference to me.
I am so sick of this process that I want to say that again " I am sick of this Green card process"

aye the yahan par kaam ki talaash mein,
kaam ead sab mila , nahi mila to ashiana nahi mila
 
exactly my point . When labor was filed in april 2001 the :"approvals would have come by end of 2001.So the bottle neck of cases would be at the end of the year not in the begining.
 
My Pd 19march2001

GOD_BLESS_YOU said:
check out at

http://travel.state.gov/visa/frvi/bulletin/bulletin_2744.html

All Chargeability Areas Except Those Listed CH IN ME PH
Employment-Based
1st C 01JUL01 01FEB03 C C
2nd C 01FEB01 01JUL00 C C
3rd 15MAR01 01JAN01 01JAN99 01FEB01 15MAR01
Schedule A Workers C C C C C
Other Workers 01OCT00 01OCT00 01OCT00 01OCT00 01OCT00
4th C C C C C
Certain Religious Workers C C C C C
5th C C C C C
Targeted Employment Areas/Regional Centers C C C C C

For EB3
For india, date jumped from 01JAN98 to 01JAN99.
For all other 01MAR01 to 15MAR01.


D. EMPLOYMENT PREFERENCE VISA AVAILABILTIY

Many of the Employment preference cut-off dates have advanced for the month of December. This is being done based on the amount of demand currently being received from Citizenship and Immigration Services (CIS) for adjustment of status cases, and consideration for CIS’s processing procedures and staffing patterns. Applicant demand for numbers may be expected to increase following rapid advances in the cut-off dates. This could cause cut-off date movement to be sporadic, and eventually slow or stop later in the fiscal year. At this time, it is not possible to predict the rate of movement in future months.
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MY PD IS 19MAR2001 , SHOULD I BE EXPECTION APPROVAL ON 485 SOON?
FP DONE 3 MTS AGO , OR I HAVE TO WAIT UNTIL THEY PASS MY PD ?

ASHTON
 
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