johnifanx98
04-04 03:48 PM
You are confused on this. IEEE is against increase of H1B visas. They have never said anything about GCs. If they have, show me where.
those who will feel abused are ones with advanced degrees from the US but did not get their H1B only to find someone from India has gotten an H1B. That person will feel abused because of the time (and maybe money) spent in getting the advanced degree.
Yes. And this is not my definition. When H1B becomes a way to make money for those bodyshoppers, it's really abused.
And I agree that it's also a abuse if an employer pay under-prevailing to a US master. But based on current situation, it's not that obvious. I think many ICC are going too far.
those who will feel abused are ones with advanced degrees from the US but did not get their H1B only to find someone from India has gotten an H1B. That person will feel abused because of the time (and maybe money) spent in getting the advanced degree.
Yes. And this is not my definition. When H1B becomes a way to make money for those bodyshoppers, it's really abused.
And I agree that it's also a abuse if an employer pay under-prevailing to a US master. But based on current situation, it's not that obvious. I think many ICC are going too far.
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desi3933
09-11 09:16 AM
Hi,
I agree and disagree with you. We came here for the good things this country has to offer. And we may have got, as you mentioned some of them.. money etc., for some people its quality eductaion, for some more research etc etc.. And we dont like some unfortunate things like the one we are all upset about. Its the department thats broken we are all upset about and not the country as such. I know how you feel, but I am sure we all agree we are frustrated with the immigration department. We must do something to fix it. Cant just sit quite, when illegals come in millions and ask for citizenship again and get it too. I think that happened in 86 or sometime around. We must highlight ourselves before its too late.
>> when illegals come in millions and ask for citizenship again and get it too. I think that happened in 86 or sometime around
Incorrect. They got green cards.
They were made eligible to file for AOS. Here is the link for the Act. Read Section 201 for more details -
Immigration Reform and Control Act of 1986 (https://www.oig.lsc.gov/legis/irca86.htm)
____________________________________
Proud Indian-American and Legal Immigrant
I agree and disagree with you. We came here for the good things this country has to offer. And we may have got, as you mentioned some of them.. money etc., for some people its quality eductaion, for some more research etc etc.. And we dont like some unfortunate things like the one we are all upset about. Its the department thats broken we are all upset about and not the country as such. I know how you feel, but I am sure we all agree we are frustrated with the immigration department. We must do something to fix it. Cant just sit quite, when illegals come in millions and ask for citizenship again and get it too. I think that happened in 86 or sometime around. We must highlight ourselves before its too late.
>> when illegals come in millions and ask for citizenship again and get it too. I think that happened in 86 or sometime around
Incorrect. They got green cards.
They were made eligible to file for AOS. Here is the link for the Act. Read Section 201 for more details -
Immigration Reform and Control Act of 1986 (https://www.oig.lsc.gov/legis/irca86.htm)
____________________________________
Proud Indian-American and Legal Immigrant
stuckinretro
10-15 07:54 PM
I think you don't understand. USCIS has no control over the Visa bulletin. The reason India EB3 is doomed because of the percountry limitations set by DOS.
Congress need to change that rule not USCIS.
Know your facts before suggesting something that doesn't work!!!
Guys,
I think this is a time to start another flower campaign to USCIS. It is ridiculuous to have 7 years of retrogression on EB3 India, same is true to good extend for EB2 India also.
Congress need to change that rule not USCIS.
Know your facts before suggesting something that doesn't work!!!
Guys,
I think this is a time to start another flower campaign to USCIS. It is ridiculuous to have 7 years of retrogression on EB3 India, same is true to good extend for EB2 India also.
2011 No release date yet,
shiankuraaf
04-10 10:07 PM
Employment-based immigrants visa issued in last 10 Years from 1998 to 2007
----------------------------------------------------------------------------------------------------------
Year 1998----1999----2000-----2001------2002-----2003----2004-----2005-----2006-----2007
-----------------------------------------------------------------------------------------------------------
Quota 140,000-140,000-140,000--140,000--140,000--140,000-140,000--140,000--140,000--140,000
----------------------------------------------------------------------------------------------------------
Issued 77,413--56,678--106,642--178,702--173,814--81,727--155,330--246,877--159,081--162,176
----------------------------------------------------------------------------------------------------------
Unused 62,587--83,322---33,358----------------------58,273-------------------------------------------------- 237,540
----------------------------------------------------------------------------------------------------------
Excess -------------------------------38,702---33,814------------15,330--106,877---19,,081--22,176 ----- 235,980
-----------------------------------------------------------------------------------------------------------
Note:
-------
The number of unused employment visa numbers from the previous fiscal year is computed by
determining the difference between 1) the worldwide level of employment-based visas established
for the previous fiscal year and 2) the number of employment-based visas actually issued during the
previous fiscal year.
Source for the statistics:
http://www.dhs.gov/ximgtn/statistics/publicatio...
----------------------------------------------------------------------------------------------------------
Year 1998----1999----2000-----2001------2002-----2003----2004-----2005-----2006-----2007
-----------------------------------------------------------------------------------------------------------
Quota 140,000-140,000-140,000--140,000--140,000--140,000-140,000--140,000--140,000--140,000
----------------------------------------------------------------------------------------------------------
Issued 77,413--56,678--106,642--178,702--173,814--81,727--155,330--246,877--159,081--162,176
----------------------------------------------------------------------------------------------------------
Unused 62,587--83,322---33,358----------------------58,273-------------------------------------------------- 237,540
----------------------------------------------------------------------------------------------------------
Excess -------------------------------38,702---33,814------------15,330--106,877---19,,081--22,176 ----- 235,980
-----------------------------------------------------------------------------------------------------------
Note:
-------
The number of unused employment visa numbers from the previous fiscal year is computed by
determining the difference between 1) the worldwide level of employment-based visas established
for the previous fiscal year and 2) the number of employment-based visas actually issued during the
previous fiscal year.
Source for the statistics:
http://www.dhs.gov/ximgtn/statistics/publicatio...
more...
greyhair
09-09 12:49 PM
What are the hopes for EB3-I?
ZERO
Till we spend our time in predictions and tracking, till the time we stop jumping the gun in calling for lawsuits, till the time we stop interpreting the INA to find a smoking gun, till the time we stop calling names for USCIS and DOS, till the time we stop blaming 245(i), till the time we stop engaging in eb2 v/s eb3 fight, till the time we stop fighting with each other over irrelevant things, till the time we stop creating these stupid polls, till the time we stop engaging in "number crunching" whatever that means, until that time there is ZERO hope for Eb3-I. Once we stop wasting our time on all these irrelevant things, we will then start spending our time on more meaningful things like speaking with the members of Congress. Then, and only then, there will be a chance of anything good happening for EB3-I.
ZERO
Till we spend our time in predictions and tracking, till the time we stop jumping the gun in calling for lawsuits, till the time we stop interpreting the INA to find a smoking gun, till the time we stop calling names for USCIS and DOS, till the time we stop blaming 245(i), till the time we stop engaging in eb2 v/s eb3 fight, till the time we stop fighting with each other over irrelevant things, till the time we stop creating these stupid polls, till the time we stop engaging in "number crunching" whatever that means, until that time there is ZERO hope for Eb3-I. Once we stop wasting our time on all these irrelevant things, we will then start spending our time on more meaningful things like speaking with the members of Congress. Then, and only then, there will be a chance of anything good happening for EB3-I.
amitjoey
07-05 02:00 PM
Thanks a lot.
Please ask this sincere question to yourself, Are you the one that takes and takes and dosent give in return?. (Hopefully not). Now, If you have benefitted any way because of this forum, getting answers, getting insights, then dont you think that it is your turn to give back a little, Please contribute.
Please ask this sincere question to yourself, Are you the one that takes and takes and dosent give in return?. (Hopefully not). Now, If you have benefitted any way because of this forum, getting answers, getting insights, then dont you think that it is your turn to give back a little, Please contribute.
more...
nixstor
07-04 09:25 PM
nixstor,
First, with out name check cleared by FBI, no 485 will be approved. Assiging visa number to a 485 appliction initally, nothing to do with name check. If the applicant is threat to the security of the country, his/her 485 will be denied and they will take back the already assigned number. Both are two different issues.
Another myth: USCIS processed 60,000 485 in June. It is wrong. They processed 60,000 485 over the period of 6 months to 5 years. And they just approved in June, based on earlier processing.
Well, Thats what I have said before as well. Its like setting the order card flag to "yes" on 60K cases with older PD's. I do not know from where Jay Solomon got the tip off about lapse of name checks, unless they are trying to make this a big issue through all possible means. There have been stories flying around that they by passed on security checks, which I thought your original post conveyed. Most of the 485's they approved have been the one's with PD's from 2003 and 2004 initially. If there are a few from the pile that were of later PD's, I don't think its a big issue. The lack of communication and implementation/interpretation at their whims and fancies has resulted in the situation at hand for every one involved in the chain. I am very very positive that the OB's office has nothing do with this and USCIS is not worried about the postmortem conducted by OB.
First, with out name check cleared by FBI, no 485 will be approved. Assiging visa number to a 485 appliction initally, nothing to do with name check. If the applicant is threat to the security of the country, his/her 485 will be denied and they will take back the already assigned number. Both are two different issues.
Another myth: USCIS processed 60,000 485 in June. It is wrong. They processed 60,000 485 over the period of 6 months to 5 years. And they just approved in June, based on earlier processing.
Well, Thats what I have said before as well. Its like setting the order card flag to "yes" on 60K cases with older PD's. I do not know from where Jay Solomon got the tip off about lapse of name checks, unless they are trying to make this a big issue through all possible means. There have been stories flying around that they by passed on security checks, which I thought your original post conveyed. Most of the 485's they approved have been the one's with PD's from 2003 and 2004 initially. If there are a few from the pile that were of later PD's, I don't think its a big issue. The lack of communication and implementation/interpretation at their whims and fancies has resulted in the situation at hand for every one involved in the chain. I am very very positive that the OB's office has nothing do with this and USCIS is not worried about the postmortem conducted by OB.
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ItIsNotFunny
11-06 03:13 PM
Bump ^^^^
more...
shreekhand
07-04 10:28 PM
A nicely presented opinion by Ramba, but there are obvious flaws in the anaylsis. Here are my observations
1.) The contention that they followed the recommendations of the Omb report and went back to pre-1982 method cannot be true. They cannot follow that without violating 8 USC Section 1255 (b) which clearly states that a visa number is reduced AFTER the approval of the I-485.
2.)There were 40K visas remaining at the time of the Jun 13 bulletin according to AILA. The 60K number as per DoS might have been from end of May. We most note the fact from the CIS I-485 Standard Operating Procedure that when a petition is "documentarily qualified and approvable" a request is made for a visa number, if such number is not available that petition is put into a approved pending availability of visa number list. This makes it amply clear that the CIS knew the exact number of approvable petitions.(might be ~40-60K) The DoS might also have known that.
3.) So what happened ? Looks like the DoS did not expect the CIS to get those petitions quickly from storage, assign a visa number, stamp and sign petitions with the speed that CIS did it with. As a matter of fact, we can clearly deduce from inquiries made my petitioners in the month of May that soon after the June bulletin was released in May, the petitioners were informed by IO's that their files are now been retrieved and have been assigned to officers for approval in June !
4.) This shows that the CIS swift approval (i.e retrieval, assigning visa #, stamp, signature) activity especially the retrieval part did not start on June 1, or June 13 but well before in mid May if not earlier.
5.) Now maybe they assigned the visa #'s to the approvable petitions (in line with the law) already but they are still going on with the stamp, signature part (as evidenced by people receiving approvals e-mails even on July 2nd and 3rd.. and other forums)
6.) Suspension of PPS at NSC and TSC -- Now why should that happen ?
If they have already used up the EB quota one would ask that much amount of man hours are now free isn't it !!?
But the above points might show us that they might need it to simply finish off the paperwork of the approvable petitions in the month of July. Remember signing off on 40K+ petitions is not a 1 month job, but just assigning visa numbers might be. It is very certain to me that we will see approvals well within July!
Loose ends:
1.) What baffles though is the allocation of all visa numbers before the last quarter of FY 07 ! Maybe there is loophole there that allowed them to do so.
2.) How did visa number for EB1 for a top scientist from say an undersubscribed country such as Ukraine also get used up ??!
1.) The contention that they followed the recommendations of the Omb report and went back to pre-1982 method cannot be true. They cannot follow that without violating 8 USC Section 1255 (b) which clearly states that a visa number is reduced AFTER the approval of the I-485.
2.)There were 40K visas remaining at the time of the Jun 13 bulletin according to AILA. The 60K number as per DoS might have been from end of May. We most note the fact from the CIS I-485 Standard Operating Procedure that when a petition is "documentarily qualified and approvable" a request is made for a visa number, if such number is not available that petition is put into a approved pending availability of visa number list. This makes it amply clear that the CIS knew the exact number of approvable petitions.(might be ~40-60K) The DoS might also have known that.
3.) So what happened ? Looks like the DoS did not expect the CIS to get those petitions quickly from storage, assign a visa number, stamp and sign petitions with the speed that CIS did it with. As a matter of fact, we can clearly deduce from inquiries made my petitioners in the month of May that soon after the June bulletin was released in May, the petitioners were informed by IO's that their files are now been retrieved and have been assigned to officers for approval in June !
4.) This shows that the CIS swift approval (i.e retrieval, assigning visa #, stamp, signature) activity especially the retrieval part did not start on June 1, or June 13 but well before in mid May if not earlier.
5.) Now maybe they assigned the visa #'s to the approvable petitions (in line with the law) already but they are still going on with the stamp, signature part (as evidenced by people receiving approvals e-mails even on July 2nd and 3rd.. and other forums)
6.) Suspension of PPS at NSC and TSC -- Now why should that happen ?
If they have already used up the EB quota one would ask that much amount of man hours are now free isn't it !!?
But the above points might show us that they might need it to simply finish off the paperwork of the approvable petitions in the month of July. Remember signing off on 40K+ petitions is not a 1 month job, but just assigning visa numbers might be. It is very certain to me that we will see approvals well within July!
Loose ends:
1.) What baffles though is the allocation of all visa numbers before the last quarter of FY 07 ! Maybe there is loophole there that allowed them to do so.
2.) How did visa number for EB1 for a top scientist from say an undersubscribed country such as Ukraine also get used up ??!
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gcinprogress
06-10 05:16 PM
Sent. Also added my friends.
more...
quizzer
08-15 03:59 PM
Sep visa bulletin better than expected for EB2
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desperatedesi
07-23 08:18 PM
Hi,
I am in the same boat and have lost my sleep. This is a once in a lifetime opportunity and my lawyer definitely did not have time to get the employment letter from my wife's employer.
Our attorney has also signed on our behalf in rush to file the 485 before the July 2nd deadline :mad:
Please can someone say with authority whether it is needed or not needed?
Man this is really killing me! I don't to thank or yell at my attorney for the mad rush and filing of 485 for July 2nd deadline.
I am in the same boat and have lost my sleep. This is a once in a lifetime opportunity and my lawyer definitely did not have time to get the employment letter from my wife's employer.
Our attorney has also signed on our behalf in rush to file the 485 before the July 2nd deadline :mad:
Please can someone say with authority whether it is needed or not needed?
Man this is really killing me! I don't to thank or yell at my attorney for the mad rush and filing of 485 for July 2nd deadline.
more...
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gangadhargs
12-25 12:35 PM
I got my reply from USCIS today. The receipt number is NRC2008072623.
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sam0407
07-13 11:11 AM
I agree with shivaz90, we put so much effort and unity to bring this issue to light and hoping for justice, Let’s not spoil that sprite. Whatever the hidden agenda behind Murthy’s letter to DHS.. let’s not loose our focus.
more...
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nomi
12-13 10:25 AM
Count me and 2 more members with me....lets have a plan..and execute it.
Would some one will take control to make letter ready which we need to send to USCIS and I will work to get info about USCIS office and fax number ??
Please let me know who will make this fax letter ready ??
thx.
Would some one will take control to make letter ready which we need to send to USCIS and I will work to get info about USCIS office and fax number ??
Please let me know who will make this fax letter ready ??
thx.
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ajju
02-20 03:55 PM
Ok guys before you shoot it down heres my calc for EB2 pending apps from 2000 to Dec 2003. Obviously its a rough estimate, who knows how many eb3s switched, labor subs etc etc etc.
From pending apps from 2000 to 2003 dec are about 96. Assume represents 1% of total population so it would be 9600. Each app has about 1.5 dependents so about 15,000? If you assume as lower say 0.5% then number would obviously increase to 29,000.
Ok now shoot me down.
Good calculation... On brighter side.. if I assume being 2%.. the numbers would be 7500.. Hope its enough to clear out with just the extra EB1 quotas in this quarter.. And then, next quarter we see some more progress for EB2 India.. Just a wishful thinking...
From pending apps from 2000 to 2003 dec are about 96. Assume represents 1% of total population so it would be 9600. Each app has about 1.5 dependents so about 15,000? If you assume as lower say 0.5% then number would obviously increase to 29,000.
Ok now shoot me down.
Good calculation... On brighter side.. if I assume being 2%.. the numbers would be 7500.. Hope its enough to clear out with just the extra EB1 quotas in this quarter.. And then, next quarter we see some more progress for EB2 India.. Just a wishful thinking...
more...
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MDix
03-11 10:59 AM
The problem with this guy is he has got his GC and now he doesn't want anybody to have it. Basically he enjoys when people are having of pain. That's the reason he doesn't want any progress in PD's. Dude, if you don't like if people are talking about positve things such as "PD becomes Current" then my humble request to you is just stay-out of any converstations.
See here this guy is also saying the same thing what my lawyer has predicted.
http://immigration-information.com/forums/showthread.php?p=28881#post28881
>> Once they (USCIS) reached last quarter then they(DOS) will make EB2-I/C current and distribute those spill-over visas across EB.
Thanks MDix.
You have no idea. Have a good day, sir!
______________________
US citizen of Indian origin
See here this guy is also saying the same thing what my lawyer has predicted.
http://immigration-information.com/forums/showthread.php?p=28881#post28881
>> Once they (USCIS) reached last quarter then they(DOS) will make EB2-I/C current and distribute those spill-over visas across EB.
Thanks MDix.
You have no idea. Have a good day, sir!
______________________
US citizen of Indian origin
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sneha.shah
04-24 01:31 PM
Hi,
I am currently on L1B visa since Mar09, another employer is offering for my h1b visa. I have below queries for l1 to h1 conversion process :
1) How much time I can stay on H1 if I apply H1b now ? My total stay in US on L1 is 1 year 7 months, not a continuous one !!!
2) What are the good options/approach to file for H1 considering the fact that I want work with current employer on L1B for current project ?
3) Can I apply for H1 now and later do COS any time after October ?If yes, what is the max time before I need to do COS after H1 approval ?
4) How about if my current project completes before oct 1st and I have already applied for h1 ?
Kindly help me for above questions, would appreciate your help.
Thanks in advance.
I am currently on L1B visa since Mar09, another employer is offering for my h1b visa. I have below queries for l1 to h1 conversion process :
1) How much time I can stay on H1 if I apply H1b now ? My total stay in US on L1 is 1 year 7 months, not a continuous one !!!
2) What are the good options/approach to file for H1 considering the fact that I want work with current employer on L1B for current project ?
3) Can I apply for H1 now and later do COS any time after October ?If yes, what is the max time before I need to do COS after H1 approval ?
4) How about if my current project completes before oct 1st and I have already applied for h1 ?
Kindly help me for above questions, would appreciate your help.
Thanks in advance.
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BharatPremi
10-25 04:41 PM
Interesting thing (not in a good way) to note is most EB3 India (even whose priority dates are as back as 2003-2002) have filed in June/July.
Reason: All of us(between 2002-4) were rotting in BEC for years...BEC just
vomited us out between Jan 2007 to September 07.
Reason: All of us(between 2002-4) were rotting in BEC for years...BEC just
vomited us out between Jan 2007 to September 07.
logiclife
01-30 03:14 PM
1. Pay H1 costs (including petition and attorney fees)
2. Pay payroll taxes for my wife from Oct 1, 2007 if she manages to get an H1 but is not able to begin working on a project.
3. Refund of H1 costs after completing 6 months on project.
1. Asking employees to pay for H1 costs is not legal. It would be in violations of CFR.
2. That is also illegal. Employer cannot ask employee to pay for payroll taxes that the employer owes IRS, and too, when you are not even working. It would be an attempt to cover-up the violation of immigration law: Not paying on bench. The only alternative to all that is cancelling her H1 if she cannot find project and if they cannot pay her, but that again would cost money. Damn its too expensive to operate a business legally obeying every friggin law.
3. If you are paying for H1 (which is really not legal) what would you refund them?
So whether you want to tell them "Go to hell" depends on how much you want the job and how much bending/breaking of law can you do.
2. Pay payroll taxes for my wife from Oct 1, 2007 if she manages to get an H1 but is not able to begin working on a project.
3. Refund of H1 costs after completing 6 months on project.
1. Asking employees to pay for H1 costs is not legal. It would be in violations of CFR.
2. That is also illegal. Employer cannot ask employee to pay for payroll taxes that the employer owes IRS, and too, when you are not even working. It would be an attempt to cover-up the violation of immigration law: Not paying on bench. The only alternative to all that is cancelling her H1 if she cannot find project and if they cannot pay her, but that again would cost money. Damn its too expensive to operate a business legally obeying every friggin law.
3. If you are paying for H1 (which is really not legal) what would you refund them?
So whether you want to tell them "Go to hell" depends on how much you want the job and how much bending/breaking of law can you do.
royus77
08-11 10:58 PM
If there is a non-controversial immi. law change attempt I will donate $500. I will also bring my friends and the total may exceed $2000. We all willing to donate but only if we know that there is good chance of passing.
If there is an attempt to push ideas like recapture, forget it. It will not pass in this economy. I do not want to waste my money and time on those kind of ideas.
IMHO. Not to find fault with anyone. Please do not mistake me.
what is the percentage you are looking ? 50 -50 ?I know thousands of people who can write a check for 10K to support any law that can give them a GC in the next 3-6 months..
If there is an attempt to push ideas like recapture, forget it. It will not pass in this economy. I do not want to waste my money and time on those kind of ideas.
IMHO. Not to find fault with anyone. Please do not mistake me.
what is the percentage you are looking ? 50 -50 ?I know thousands of people who can write a check for 10K to support any law that can give them a GC in the next 3-6 months..
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