sroyc
02-14 09:57 PM
The current case is over 50% of H-1B issued to Indian and Chinese every year. And that is why now most people here are waiting.
Do you think RoW H-1B applicants should shout loud and ask for the country limit to be set on H-1B?
That would be one way of preventing the creation of two different classes of skilled immigrant workers in the workforce. Please note that the distinction between these classes is not based on profession or skill level but based on country of birth.
It simply defies common sense that the quota is not enforced anywhere in the immigration pipeline except the I-485 approval. I would be more accepting of this policy if it were applied uniformly - while issuing student and work visas, PERM and I-140 applications along with the I-485 application.
Do you think RoW H-1B applicants should shout loud and ask for the country limit to be set on H-1B?
That would be one way of preventing the creation of two different classes of skilled immigrant workers in the workforce. Please note that the distinction between these classes is not based on profession or skill level but based on country of birth.
It simply defies common sense that the quota is not enforced anywhere in the immigration pipeline except the I-485 approval. I would be more accepting of this policy if it were applied uniformly - while issuing student and work visas, PERM and I-140 applications along with the I-485 application.
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grinch
03-12 09:58 AM
great work all of you guys, my choice was between grinch's and thirdworldman. i voted thirdworldman, but i just wanna say i know grinch hasn't done this a lot, so i think you've done an excellent job man :thumb:
aw thanks man, appreciate the compliment!
aw thanks man, appreciate the compliment!
NKR
03-17 10:50 AM
Before retrogression started in "October 2005 Bulletin, Nov 2005 effective", there are quite a few people who applied for I-485 and had PD upto sept 2004. Those cases are approved. I know couple of cases myself.
I think I was current then and I missed out on that date since I was stuck in backlog elimination centre. you could be right.
I think I was current then and I missed out on that date since I was stuck in backlog elimination centre. you could be right.
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chanduv23
11-14 10:13 AM
Totally agree, very nicely put. They will hear - listen if we present ideas that are pertinent to the existing situation. Nothing more pertinent than the housing mess. No one cares about old jaded ideas like "high talent" etc.
Can people in California approach Zoe Lofergens office with the idea?
On my part I will start sending letters and emails to the law makers.
Some one in the core has to take the lead and give some direction to this effort......
Do not regret if six months from now the housing crisis has cooled a little, no one will listen to us then. We would have wasted another chance. Do not take it for granted that now Obama is in office, he will do smoething about our problems.
Why do u limit urself to just sending letters. Whhy can't you approach Zoe's office, why can't you take the lead?
Can people in California approach Zoe Lofergens office with the idea?
On my part I will start sending letters and emails to the law makers.
Some one in the core has to take the lead and give some direction to this effort......
Do not regret if six months from now the housing crisis has cooled a little, no one will listen to us then. We would have wasted another chance. Do not take it for granted that now Obama is in office, he will do smoething about our problems.
Why do u limit urself to just sending letters. Whhy can't you approach Zoe's office, why can't you take the lead?
more...
malaGCPahije
03-17 04:21 PM
What I am saying is spill over from ROW goes to EB2 first. It does not split to EB2 and EB3 evenly. So more people from EB2 gets visa granted and thus people who joined EB2 bandwagon from EB3 and had earlier PD, they get Visa quickly. Now generally this spillover does not go to EB3 from EB2 having high demand from EB2 and thus EB3 get stuck with conventional numbers with 7% country limit and thus EB3 numbers move slowly. But if that spillover happens for both EB3 and 2 equally than EB3 can also move little bit quickly which is not the case. Thus shortening the queue by switching over to EB2 does not give full advantage to remained lot of EB3.
The recent movement in EB2 have been contributed to the spillover from EB2 ROW. That raises a question over the spill over rules. The EB2 ROW spill over should have helped EB3 ROW. But EB3 ROW is not yet C, however EB2-I moved up. If the spillover happens at the same level, then EB3-I may have hope in the future when EB3-ROW becomes C. Is such an assumption right or wrong?
The recent movement in EB2 have been contributed to the spillover from EB2 ROW. That raises a question over the spill over rules. The EB2 ROW spill over should have helped EB3 ROW. But EB3 ROW is not yet C, however EB2-I moved up. If the spillover happens at the same level, then EB3-I may have hope in the future when EB3-ROW becomes C. Is such an assumption right or wrong?
shsk
11-11 11:02 PM
We can all pitch in and send either congrats greeting card/flower along with IV letter highlighting our pathetic situation.
Hope he addresses something.
Hope he addresses something.
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gc_chahiye
08-21 02:15 AM
Thanks for your response. ;)
So will AOD processing for EB-2 be a lot faster than EB-3 as long as I capture the PD of 12/04?
yes, EB2 dates have been better than EB3 for all countries, but in your case this would be especially big. All this while that EB3-ROW has been retrogressed back so much, EB2-ROW has been current. If you are from ROW (Rest-Of-World, ie not from India/China/Mexico/Philippines) and get a chance to go from EB3 to EB2, JUMP AT THAT CHANCE!
As someone pointed out earlier you need your EB3 I-140 to be approved, then when you file the new I-140 (for EB2) include a copy of the previous I-140 approval notice requesting that the PD be ported over. They will port it.
Once that I-140 is approved, send that approval notice to USCIS with your I-485 receipt, asking them to replace the current I-140 (the EB3 one) with the new (EB2) one (google "interfiling")
This might make a difference of a couple of years in your approval if the dates move like they did in the past!
So will AOD processing for EB-2 be a lot faster than EB-3 as long as I capture the PD of 12/04?
yes, EB2 dates have been better than EB3 for all countries, but in your case this would be especially big. All this while that EB3-ROW has been retrogressed back so much, EB2-ROW has been current. If you are from ROW (Rest-Of-World, ie not from India/China/Mexico/Philippines) and get a chance to go from EB3 to EB2, JUMP AT THAT CHANCE!
As someone pointed out earlier you need your EB3 I-140 to be approved, then when you file the new I-140 (for EB2) include a copy of the previous I-140 approval notice requesting that the PD be ported over. They will port it.
Once that I-140 is approved, send that approval notice to USCIS with your I-485 receipt, asking them to replace the current I-140 (the EB3 one) with the new (EB2) one (google "interfiling")
This might make a difference of a couple of years in your approval if the dates move like they did in the past!
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imneedy
05-06 08:03 PM
We thought the same way 3 years ago, 2 years ago, and last year too, but nothing happened, it could be another year and we could be sitting here in same situation 2 years from now. Question is when IV has already collected money for FOIA request than why it is not proceeding in that direction ? We get it in time or not is not the question now....
I second that
I second that
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arunmohan
05-11 02:23 AM
Friends,
Time is right now to recapture the visa numbers.
"No army can stop an idea whose time has come." --Victor Hugo.
We need to raise funds for the sole purpose of passing the EB Visa Re-Capture Bill!
I agree with you, this is a right time to go for visa recapture. We don't have to mention anywhere for H1B. This will be just for visa recapture.
Time is right now to recapture the visa numbers.
"No army can stop an idea whose time has come." --Victor Hugo.
We need to raise funds for the sole purpose of passing the EB Visa Re-Capture Bill!
I agree with you, this is a right time to go for visa recapture. We don't have to mention anywhere for H1B. This will be just for visa recapture.
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mpelland
02-14 08:15 AM
sounds good to me. There are lots of things that you can do with a subway. Does it have to be realistic? If not then you can make it look like what you think a subway station should look like (futuristic, older, or just different). A lot of different skills are needed, lighting, texturing, space perception, etc. This should be fun!
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indio0617
02-15 01:06 PM
Berkeleybee,
Just so that you know, I am caught in the name check too. This is a bigger blackhole than even labor processing. Becos atleast labor processing your Immigration Attorneys can write to BECs (You may or may not get a reply, that is a different issue, but atleast it is allowed). In case of FBI name check, you just cant do much. It is a much dreaded process in the whole game and needs to get enough focus. Eventually, it is going to be everybodys problem.
Thanks.
You are probably aware of these and have already tried it.
1. Heard the attorney / employer can file for some extra paperwork to expedite name check. I am not sure what it is... Have you checked into it.
2. Request your Senator / Congress staff to look ibto your case. I heard that often hastens the process. Some of my friends have had success with that approach.
FYI: My employer (Healthcare) has had phenomenal success with I-485 approvals. Average processing time has been 6 months.
Just so that you know, I am caught in the name check too. This is a bigger blackhole than even labor processing. Becos atleast labor processing your Immigration Attorneys can write to BECs (You may or may not get a reply, that is a different issue, but atleast it is allowed). In case of FBI name check, you just cant do much. It is a much dreaded process in the whole game and needs to get enough focus. Eventually, it is going to be everybodys problem.
Thanks.
You are probably aware of these and have already tried it.
1. Heard the attorney / employer can file for some extra paperwork to expedite name check. I am not sure what it is... Have you checked into it.
2. Request your Senator / Congress staff to look ibto your case. I heard that often hastens the process. Some of my friends have had success with that approach.
FYI: My employer (Healthcare) has had phenomenal success with I-485 approvals. Average processing time has been 6 months.
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msyedy
06-13 08:45 AM
Yes that is true. Impact for US companies are minimal and in fact good for US companies and more disadvantage for Indian companies. Mainly those who are running just by H1b persons will have tough time. Actually many small US consulting companies went out of business because they were not able to compete with Indian companies because of H1B.
Let us analyze this thing in depth.
a) According to the restriction which stops consulting
New york city--- Desi Companies will be affected. They will not be able bring H1-B.
CDI, RCG, Bearing Point, Datanomics, .... ..... ... .. there are 1000s of middle vendor which supply the Desi labor to the Wall street companies and more.
I am just talking about NYC. These laborer comes from desi comapnies.
With restriction...desi cannot bring H1-B..the middle vendors are screwed and hence the clients. Due you have an idea how many Indians work for the financial companies that are not a direct hire.
If you stop consulting Wall street's wall will fall. The work that a desi can do in 1 day an american would take three days. At least in my company they have realized it.
You answer this
Let us analyze this thing in depth.
a) According to the restriction which stops consulting
New york city--- Desi Companies will be affected. They will not be able bring H1-B.
CDI, RCG, Bearing Point, Datanomics, .... ..... ... .. there are 1000s of middle vendor which supply the Desi labor to the Wall street companies and more.
I am just talking about NYC. These laborer comes from desi comapnies.
With restriction...desi cannot bring H1-B..the middle vendors are screwed and hence the clients. Due you have an idea how many Indians work for the financial companies that are not a direct hire.
If you stop consulting Wall street's wall will fall. The work that a desi can do in 1 day an american would take three days. At least in my company they have realized it.
You answer this
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gauravster
02-18 06:08 PM
I am not sure if I am missing something, but going through the document, it looks like the bill is for legals and illegals alike. It does not mention that you have to be illegal to qualify for permanent residence, just that you should have been in the US for 5 years. This allows for casual/innocent absence, not sure what that means though.
The only loophole I see in the statment is that it says that DHS may change status to legal resident, meaning that it could be restricted by the DHS in any way they like.
The only loophole I see in the statment is that it says that DHS may change status to legal resident, meaning that it could be restricted by the DHS in any way they like.
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coolmanasip
03-13 10:34 AM
I believe you can get an interim EAD from local USCIS office once the application has been pending for 3 months...
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santb1975
12-21 01:05 AM
Thanks for your Inputs Logiclife.
My last entry into US was before I spent 6 weeks in recovery and subsequently changing my employer. I was not paid for the time I worked before I quit my employer. I had no issues with transfering my H1. I have letters from my clients and DOL verified that I was working at the client locations. I went through an IRS Audit as well last year because the wages reported by my employer to the IRS were different from the annual wages I reported in my tax returns and I owed IRS some money ( I never got a W2 for that year from my employer and when I contacted IRS they sent me a form on which I had to enter information based on the paycheks I have received). During the audit I had to pay my taxes as a preventative measure and also write a letter to IRS explaining my situation. IRS contacted NJ DOL and had my employer correct the wages he reported and sent me a letter that I was accurate. I will still have to work on getting the additional taxes I paid IRS back which is another story. it has been 2.5 years and the saga still continues. If I ever get an RFE about not getting paid for those 4.5 months I will worry about it then
Now Regarding my H1 stamp: I decided not to go for stamping. I am just going to use my AP and come back. I talked to my lawyer today and I told him that I did not go for stamping after I changed employers and also indicated I want to come back using my AP. He said if that is what I decide that is fine with him.
My last entry into US was before I spent 6 weeks in recovery and subsequently changing my employer. I was not paid for the time I worked before I quit my employer. I had no issues with transfering my H1. I have letters from my clients and DOL verified that I was working at the client locations. I went through an IRS Audit as well last year because the wages reported by my employer to the IRS were different from the annual wages I reported in my tax returns and I owed IRS some money ( I never got a W2 for that year from my employer and when I contacted IRS they sent me a form on which I had to enter information based on the paycheks I have received). During the audit I had to pay my taxes as a preventative measure and also write a letter to IRS explaining my situation. IRS contacted NJ DOL and had my employer correct the wages he reported and sent me a letter that I was accurate. I will still have to work on getting the additional taxes I paid IRS back which is another story. it has been 2.5 years and the saga still continues. If I ever get an RFE about not getting paid for those 4.5 months I will worry about it then
Now Regarding my H1 stamp: I decided not to go for stamping. I am just going to use my AP and come back. I talked to my lawyer today and I told him that I did not go for stamping after I changed employers and also indicated I want to come back using my AP. He said if that is what I decide that is fine with him.
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Znan
07-12 03:54 PM
Hope that is the case, thank you for the response...
I guess if you are assigned a visa number, they may put your case as pending new 140 approval. Ammendment may not take much time. So keep fingers crossed. Good Luck.
I guess if you are assigned a visa number, they may put your case as pending new 140 approval. Ammendment may not take much time. So keep fingers crossed. Good Luck.
more...
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WeShallOvercome
08-17 05:47 PM
I don't get it.
How can:
VB-April07 EB3-ROW PD be Aug-02
VB-MAy07 EB3-ROW PD be Aug-03
VB-June07 EB3-ROW PD be June-05
..and then:
VB-Sept-07 EB3-ROW PD be Aug-02
Are you telling me they haven't processed any EB3-ROW 485 during all those months? Why does it go all the way back to Aug-02???
Sometimes i consider seriously giving up:(
Need someone to give me the motivation to keep waiting... something logical i can understand.
Well, First let me tell you that nothing in USCIS makes any sense.
Cominig to the reasoning behind it, it could be that they did not have enough 'approvable' cases with PDs before Aug'02 to exhaust the annual quota(stuck in name check FP check etc), so they moved the dates forward. They approved some cases that felll within the new dates.
Now after approving some newly current cases, only a few visas are left with them. Also, by this time, some of the older cases, which were stuck earlier got out of whatever check they were stuck in...
As a result, now they don't have enough visas available to approve any cases after the PD of Aug'02.
Anything is possible here dear !
How can:
VB-April07 EB3-ROW PD be Aug-02
VB-MAy07 EB3-ROW PD be Aug-03
VB-June07 EB3-ROW PD be June-05
..and then:
VB-Sept-07 EB3-ROW PD be Aug-02
Are you telling me they haven't processed any EB3-ROW 485 during all those months? Why does it go all the way back to Aug-02???
Sometimes i consider seriously giving up:(
Need someone to give me the motivation to keep waiting... something logical i can understand.
Well, First let me tell you that nothing in USCIS makes any sense.
Cominig to the reasoning behind it, it could be that they did not have enough 'approvable' cases with PDs before Aug'02 to exhaust the annual quota(stuck in name check FP check etc), so they moved the dates forward. They approved some cases that felll within the new dates.
Now after approving some newly current cases, only a few visas are left with them. Also, by this time, some of the older cases, which were stuck earlier got out of whatever check they were stuck in...
As a result, now they don't have enough visas available to approve any cases after the PD of Aug'02.
Anything is possible here dear !
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gimmeacard
07-13 02:51 PM
I am current now (PD: Feb 16th,06) and last time when i was current in 2008 for a month i got an RFE. Even though the attorney replied to the RFE in 3 days, all my case status shows is RFE response received.
Ours is a big company and close 2000 people applied for 485 during the July 2007 fiasco and we were asked to send the G28 forms to the attorney by mail with no signature reqd. Apparently almost every got an RFE for that.
I wish i could get to know if RFE was all taken care of and my case is pending for a VISA number. Any way to know if thats the case gurus?
are you with cisco? i am from there
Ours is a big company and close 2000 people applied for 485 during the July 2007 fiasco and we were asked to send the G28 forms to the attorney by mail with no signature reqd. Apparently almost every got an RFE for that.
I wish i could get to know if RFE was all taken care of and my case is pending for a VISA number. Any way to know if thats the case gurus?
are you with cisco? i am from there
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DarkChild
02-16 03:25 AM
@ thirdworldman: WOW!
lost
02-15 09:24 AM
Anybody from KY attending the event?
Openarms
11-10 04:46 PM
Folks!
Keep sending letters at least we should reach 500.
Keep sending letters at least we should reach 500.
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