Legal
07-04 07:58 PM
EXCELLENT ANALYSIS. STILL THERE ARE PROBLEMS.
The rough estimation is about 500K to 700K new 485s and same amount of EAD and AP applications will be filed in July.
1. ARE YOU SURE THIS NUMBER IS ACCURATE? 700K? SEEMS TO BE EXAGGERATED.
When they took inventory in May, there are about 40,000 documentarily qualified 485 applications were pending due to non-availability of visa numbers. The �documentarily qualified 485 applications� mean the application filed long time back and processed by USCIS and cleared the FBI name and criminal check, and found eligible for green card.
2.IF THESE 40K WERE OTHERWISE QULAIFIED WHY WERE THEY SITTING ON THEM UNTIL MID-JUNE ....TO START WITH? IF THEY WERE SO EAGER TO FOLLOW THE OMBUDSMAN'S GUIDELINES WHY WERE THEY SO SLOW IN USING UP THE VISA NUMBERS UNTIL MID JUNE?
However, the available visas are more than 40,000 (60to 70K). Then they made with out consulting properly with USCIS they made �current� for all EB categories. This is how they determine �current� or �over-subscribed� and how they establish cutoff dates.
3.MORE PRECISE DESCRIPTION WOULD BE THEY WERE COMPLETELY RECKLESS..GIVE A S+I& ABOUT HOW MUCH THEIR ACTIONS AFFECT THE CUSTOMERS.
For example, an EB3-Indian whose LC approved through fast PERM on July 30th 2007, can apply 140 and 485 on July 31st 2007 as per July visa bullet. For his PD, it will take another 10 years for the approval of 485. During this 10 year period, he/she has to live in EAD and AP and need to go for finger print every 15 month.
4.OK..... WHICH PART OF THIS AFFECTED THE STAFF AT USCIS... THE FACT THAT MANY OF US WILL ONLY HAVE EAD FOR 10 YRS OR THE FACT THAT MORE EAD RENEWALS MEANS MORE CUMBERSOME WORK FOR THEM? I'M AFRAID IT IS THE LATER.
Now, they used all 140K visas this year.
5.AREN'T THEY REQUIRED BY LAW TO SPREAD THE NUMBERS FOR EACH QUARTER? DON'T THEY HAVE LIMITATIONS ON HOW MUCH THEY CAN USE FOR EACH MONTH ETC?
The constructive approach is getting an immediate interim relief by legislation to recapture unused visas in previous years to balance the supply vs demand difference.
6.I AGREE. THIS COULD BE THE ONLY >POTENTIAL <SILVER LINING. HOWEVER, OPPONENTS WHO FOUGHT THE PREVIOUS LEGISLATIONS IN FAVOR OF US WON'T LET IT HAPPEN THAT EASILY.
THERE IS NO OTHER CHOICE OTHER THAN TRYING..
The rough estimation is about 500K to 700K new 485s and same amount of EAD and AP applications will be filed in July.
1. ARE YOU SURE THIS NUMBER IS ACCURATE? 700K? SEEMS TO BE EXAGGERATED.
When they took inventory in May, there are about 40,000 documentarily qualified 485 applications were pending due to non-availability of visa numbers. The �documentarily qualified 485 applications� mean the application filed long time back and processed by USCIS and cleared the FBI name and criminal check, and found eligible for green card.
2.IF THESE 40K WERE OTHERWISE QULAIFIED WHY WERE THEY SITTING ON THEM UNTIL MID-JUNE ....TO START WITH? IF THEY WERE SO EAGER TO FOLLOW THE OMBUDSMAN'S GUIDELINES WHY WERE THEY SO SLOW IN USING UP THE VISA NUMBERS UNTIL MID JUNE?
However, the available visas are more than 40,000 (60to 70K). Then they made with out consulting properly with USCIS they made �current� for all EB categories. This is how they determine �current� or �over-subscribed� and how they establish cutoff dates.
3.MORE PRECISE DESCRIPTION WOULD BE THEY WERE COMPLETELY RECKLESS..GIVE A S+I& ABOUT HOW MUCH THEIR ACTIONS AFFECT THE CUSTOMERS.
For example, an EB3-Indian whose LC approved through fast PERM on July 30th 2007, can apply 140 and 485 on July 31st 2007 as per July visa bullet. For his PD, it will take another 10 years for the approval of 485. During this 10 year period, he/she has to live in EAD and AP and need to go for finger print every 15 month.
4.OK..... WHICH PART OF THIS AFFECTED THE STAFF AT USCIS... THE FACT THAT MANY OF US WILL ONLY HAVE EAD FOR 10 YRS OR THE FACT THAT MORE EAD RENEWALS MEANS MORE CUMBERSOME WORK FOR THEM? I'M AFRAID IT IS THE LATER.
Now, they used all 140K visas this year.
5.AREN'T THEY REQUIRED BY LAW TO SPREAD THE NUMBERS FOR EACH QUARTER? DON'T THEY HAVE LIMITATIONS ON HOW MUCH THEY CAN USE FOR EACH MONTH ETC?
The constructive approach is getting an immediate interim relief by legislation to recapture unused visas in previous years to balance the supply vs demand difference.
6.I AGREE. THIS COULD BE THE ONLY >POTENTIAL <SILVER LINING. HOWEVER, OPPONENTS WHO FOUGHT THE PREVIOUS LEGISLATIONS IN FAVOR OF US WON'T LET IT HAPPEN THAT EASILY.
THERE IS NO OTHER CHOICE OTHER THAN TRYING..
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sunny1000
04-09 06:31 PM
I completely agree with you . For five years EB3 is stuck in 2001 that means people who came here 10 years back are still waiting. Something needs to be done by someone somewhere but I guess no one has any idea who can ( except the congress ) .
All of my friends about 10-15 of them who came with me in 2000-2001 timeframe got their GC's and their citizenships in EB3 ( none in EB2 ) and I am still hanging .
I wonder what was that which made their application go by light speed and my application go into a blackhole :)
Probably, their labor got approved before the FY2006 when the retrogression started. All the categories were current until then due to the recapture done by AC21. I am stuck in this mess because my labor took 5 years to get approved.
All of my friends about 10-15 of them who came with me in 2000-2001 timeframe got their GC's and their citizenships in EB3 ( none in EB2 ) and I am still hanging .
I wonder what was that which made their application go by light speed and my application go into a blackhole :)
Probably, their labor got approved before the FY2006 when the retrogression started. All the categories were current until then due to the recapture done by AC21. I am stuck in this mess because my labor took 5 years to get approved.
vandanaverdia
09-11 04:51 PM
ACT NOW!!
Come now to DC... GO IV!!!
Come now to DC... GO IV!!!
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amitjoey
01-18 10:59 AM
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MP70
Thanks MP70. Please continue to educate your friends and urge everybody to contribute atleast $20/month.
MP70
Thanks MP70. Please continue to educate your friends and urge everybody to contribute atleast $20/month.
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gcpain
06-25 11:07 AM
I was working with employer -A till 2006 and got I140 approved (June 2003 priority date) in EB3. In November 2006 I joined employer B as it is good for my carrier. I talk to employer A (body shopper) and he is ready to support for my green card as I worked for him for six long years and still he did not cancel my old H1B. My main aim here is to apply I485 as soon as I can.
1. I have two options here my old employer (A) is body-shopper. So he will agree for both future or current employment. I have very good permanent job and bright future prospects with new employer (B). In this case what you guys advice me? Apply I485 as future employment or quit present job and join old employer (A) and apply I485 as current employment?
2. If I do not join old employer (with whom I have I140 approved) now, in this case what are my options for I485 applying? (Only future employment I485/ I can file current employment I485 and not drawing any salary from old employer )
3. Will I485 as future employment has any problems?
4. Can I use AC21 after 180 days on my I485 future employment application?
5. My new employer (B) already applied PERM LC for my GC in EB2 three months back and did not here anything from Atlanta DOL till now. What you guys advice me? Is it worthful to wait for this new EB2 LC or apply I485 as future employment with approved I140-EB3 with priority date June 2003.
I am in really dilemma and unable to decide. Appreciate your advice in this matter. Thanks in advance to all your replies and wish you best of luck.
1. I have two options here my old employer (A) is body-shopper. So he will agree for both future or current employment. I have very good permanent job and bright future prospects with new employer (B). In this case what you guys advice me? Apply I485 as future employment or quit present job and join old employer (A) and apply I485 as current employment?
2. If I do not join old employer (with whom I have I140 approved) now, in this case what are my options for I485 applying? (Only future employment I485/ I can file current employment I485 and not drawing any salary from old employer )
3. Will I485 as future employment has any problems?
4. Can I use AC21 after 180 days on my I485 future employment application?
5. My new employer (B) already applied PERM LC for my GC in EB2 three months back and did not here anything from Atlanta DOL till now. What you guys advice me? Is it worthful to wait for this new EB2 LC or apply I485 as future employment with approved I140-EB3 with priority date June 2003.
I am in really dilemma and unable to decide. Appreciate your advice in this matter. Thanks in advance to all your replies and wish you best of luck.
MDix
03-10 03:14 PM
I hope I have answered your question (in red). :)
Let me ask you again, there are two "they". Same or Different?
Here is your statement again
>> Once they (USCIS) reached last quarter then they(DOS) will make EB2-I/C current and distribute those spill-over visas across EB.
Remember, this is a trap question.
Let me ask you again, there are two "they". Same or Different?
Here is your statement again
>> Once they (USCIS) reached last quarter then they(DOS) will make EB2-I/C current and distribute those spill-over visas across EB.
Remember, this is a trap question.
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ItIsNotFunny
01-09 09:28 AM
Foolish argument...In the US most of the IT interviews happen via phone especially for consultants. And there r tens of hundreds of cases where an experienced guy takes the call and the fresher shows up at the job. Cheating organizations like this has become a trend and this was started and is still religiously being followed mostly (99.99%) by gultis (remember what that F***** gulti did to Satyam?)...As a guy whoz supporting fake experience, u shud be thrown behind bars and I'm sure u r a gulti.
I guess the US govt is aware of stuff like this and hence playing with our lives by delaying the Greencard process. Shame on u guyz...All of us have been put to suffering becoz of fake ppl like u.
What do you mean by "U guys"?
I guess the US govt is aware of stuff like this and hence playing with our lives by delaying the Greencard process. Shame on u guyz...All of us have been put to suffering becoz of fake ppl like u.
What do you mean by "U guys"?
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05-28 03:40 PM
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ashkam
07-24 10:06 AM
"a letter on the letterhead of the petitioning employer which confirms that the job on which the visa petition is based is still available to you"
That's the offer letter.
That's the offer letter.
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bugmenot
06-12 08:37 PM
Jeo laal Jeo.... I totally agree with you. I want to see these h1 b restrictions that have been applied in the CIR pass. It will be fun...
I do not think that they above restrictions will be in the CIR bill for H1-Bwhen it passes. We know, the tech companies know and most of the law makers know that they need us.. There will be an H1-B increase, restrictions removed and there will be a provition made in parallel to the merit system for EB green cards.
Our job is to get backlog relief.. How we do it is the question....
dont count on the restrictions being removed, the restrictions are the trade off to the major increase that is goin to take place for the h1b's , the biggie US companys are not gonna get affected by them, its only the indian IT and the desi bodyshoppers, so they wil support it as long as they get the h1b's.
I do not think that they above restrictions will be in the CIR bill for H1-Bwhen it passes. We know, the tech companies know and most of the law makers know that they need us.. There will be an H1-B increase, restrictions removed and there will be a provition made in parallel to the merit system for EB green cards.
Our job is to get backlog relief.. How we do it is the question....
dont count on the restrictions being removed, the restrictions are the trade off to the major increase that is goin to take place for the h1b's , the biggie US companys are not gonna get affected by them, its only the indian IT and the desi bodyshoppers, so they wil support it as long as they get the h1b's.
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isedkeem
12-10 01:25 PM
With all the porting nonsense going on eb2 will move backward and eb3 will inch forward slowly. We might end up with eb2 and eb3 in 2002. congrats to all the people who ported, the only thing you accomplished is you made sure eb2 does not progress (it does not mean you have have moved forward by porting, it just means that you have made sure you have prevented original eb2 guys from getting green card), the people who ported wont gain any benefit but they will make it worse for everyone, they have to file a second i140 which will take at least another 1 year to clear and after 1 year when the ported 140's clear the eb2 will go back to 2002. You have also accomplished another great feat, DOL is going to make it impossible to file eb2 in IT jobs so even genuine people are screwed. Before people start giving red dots and justifying there porting I have an message for you, your behavior is no different from the people who did labor substitution, the end result was DOL ended labor substitution and the result of all this porting is DOL has made it impossible to get eb2 even for genuine cases. Just because others are doing it does not mean you can do it, obviously it is wrong therefore dol removed labor substitution and now dol is making it impossible to get eb2 for IT jobs even for genuine cases. 90 % of people doing this porting are desi consulting employees, they wine and complain about desi consulting companies as blood suckers (justifiably) but they themselves are bloodsuckers on the EB2 community by doing this eb3 to eb2 porting.
Another reason for the slow movement is people getting married.. a spouse potentially accounts for yet another visa number and this adds to the unpredictability of the system. It gets even worse with non-US born kids.
Another reason for the slow movement is people getting married.. a spouse potentially accounts for yet another visa number and this adds to the unpredictability of the system. It gets even worse with non-US born kids.
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pappu
11-20 01:09 PM
All pls PM each other and exchange phone numbers and emails so that you can start building your local IV community. Once you have contacted each other, you can start the action items for state chapters.
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sukhwinderd
02-21 06:27 AM
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chanduv23
02-15 07:03 AM
I have heard that there are desi consultants who sponsor H-1 for people graduating with Masters in US, irrespective of which field they are in. Is this true? Sounds a bit fishy to me.
Thats a new trend. They go to colleges and meet a group of Indian students who are about to graduate and take them out of drinks and dinner and give a presentation about their company. Then when these students come into OPT status, they are all given food + guest house accomodation. Then they are put under intense training for 2 to 3 months and made to do some mockup projects. Then their resumes are massaged with 4 to 5 years of experience ie experience from date they graduated in the under graduation and their MS education is stripped off on their resumes.
This seems to be a trend, though the practice seems not too good. As most immigrant students are hard working and determined, they put additional hours and make up for experience and perform well at clients. They get a decent 65K to start with from the consulting company and their h1bs are filed well before the cap ends.
Thats a new trend. They go to colleges and meet a group of Indian students who are about to graduate and take them out of drinks and dinner and give a presentation about their company. Then when these students come into OPT status, they are all given food + guest house accomodation. Then they are put under intense training for 2 to 3 months and made to do some mockup projects. Then their resumes are massaged with 4 to 5 years of experience ie experience from date they graduated in the under graduation and their MS education is stripped off on their resumes.
This seems to be a trend, though the practice seems not too good. As most immigrant students are hard working and determined, they put additional hours and make up for experience and perform well at clients. They get a decent 65K to start with from the consulting company and their h1bs are filed well before the cap ends.
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alisa
01-25 09:38 PM
I had trouble sifting through all that data and figuring out what that was all about.
Could you give the specific report that you used for these numbers. And, if possible, any hints on how you arrived at the data below. I would appreciate that.
Thanks....
Can you re-estimate the new dates. Using this data
******* EB Pref*******EB3
FY**|*Total*|INDIA | *Total* |India
2000|107,024| 15888| 049,736| 05567
2001|179,195| 41720| 086,058| 16405
2002|174,968| 41919| 088,555| 17428
2003|082,137| 20818| 046,613| 10680
2004|155,330| 39496| 085,969| 19962
2005|246,877| 47160| 129,070| 23399
2006|?????????TBP in the near future ???????
THis are the number of visas issued for each fiscal year since FY 2000 for the EB preference.
They are under this link:DOS Visa Statistics (http://travel.state.gov/visa/frvi/statistics/statistics_1476.html)
andy
Could you give the specific report that you used for these numbers. And, if possible, any hints on how you arrived at the data below. I would appreciate that.
Thanks....
Can you re-estimate the new dates. Using this data
******* EB Pref*******EB3
FY**|*Total*|INDIA | *Total* |India
2000|107,024| 15888| 049,736| 05567
2001|179,195| 41720| 086,058| 16405
2002|174,968| 41919| 088,555| 17428
2003|082,137| 20818| 046,613| 10680
2004|155,330| 39496| 085,969| 19962
2005|246,877| 47160| 129,070| 23399
2006|?????????TBP in the near future ???????
THis are the number of visas issued for each fiscal year since FY 2000 for the EB preference.
They are under this link:DOS Visa Statistics (http://travel.state.gov/visa/frvi/statistics/statistics_1476.html)
andy
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grupak
02-15 05:33 PM
Look, I don't want to enter a pissing match with anyone here. Go read your history (http://americanhistory.suite101.com/article.cfm/limiting_the_huddled_masses) before jumping to conclusions.
Supporting a law based on eugenics is very sad indeed.
Supporting a law based on eugenics is very sad indeed.
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snathan
06-10 01:44 PM
@eastindia: I doubt if that 's required - "Basically a letter from employer". You definitely include your I-485 notice that shows that a AOS in pending.
Remember the GC is for future employement. USCIS can anytime ask the letter to prove the job offer is still there. I know coupld of guys got RFE for the same.
If there is no job, the underlaying I-485 become invalid and so there is no AOS.
Remember the GC is for future employement. USCIS can anytime ask the letter to prove the job offer is still there. I know coupld of guys got RFE for the same.
If there is no job, the underlaying I-485 become invalid and so there is no AOS.
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arnab221
04-23 01:38 AM
Lot of you guys have mentioned that there were a set of people( Latino immigrant community) there who were not happy with some of the terms in the STRIVE ACT. Could one of you tell us what those terms were ? Since legal immigration reform are hostage to Comprehensive immigration bills at this stage, I am just pondering if those terms become a hindarance in STRIVE getting cleared and consequently section V not getting passed .
Also Ramaonline says that Congressman Guiterrezz told him that he is assured of a support of 180 House democrats and needs 218 Votes to pass the bill. So that leaves us with 38 votes that are needed. From what we see and hear in the news media, there are just a handful of House Republicans now who do not support this Bill . The consensus from the news media is that many of the Republicans who opposed CIR last year have not got re-elected . So if this is the case then 38 Republicans should not be a real problem to find . Any factual opinions ?
Also Ramaonline says that Congressman Guiterrezz told him that he is assured of a support of 180 House democrats and needs 218 Votes to pass the bill. So that leaves us with 38 votes that are needed. From what we see and hear in the news media, there are just a handful of House Republicans now who do not support this Bill . The consensus from the news media is that many of the Republicans who opposed CIR last year have not got re-elected . So if this is the case then 38 Republicans should not be a real problem to find . Any factual opinions ?
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dixie
08-03 07:39 PM
PCS:
Lou Hates ILLEGAL IMMIGRATION NOT LEGAL IMMIGRATION.
Says who ? just do a google search on him and go through his periodic rants on the H1-B visa. Among other things, he has accused DOL of hiding LCA applications from the american public so as to "reserve" jobs for H1-B aliens. Contacting him will do more harm than good. The best we can expect from lou is that he focusses all his anger on illegals and forgets us for the time being till SKIL gets passed.
Lou Hates ILLEGAL IMMIGRATION NOT LEGAL IMMIGRATION.
Says who ? just do a google search on him and go through his periodic rants on the H1-B visa. Among other things, he has accused DOL of hiding LCA applications from the american public so as to "reserve" jobs for H1-B aliens. Contacting him will do more harm than good. The best we can expect from lou is that he focusses all his anger on illegals and forgets us for the time being till SKIL gets passed.
whitecollarslave
01-18 08:06 PM
By law, you are not suppose to make copies of an official US document.
Where did you get this information from?
Where did you get this information from?
amitga
02-08 03:26 PM
What a waste of numbers.