willwin
03-20 12:14 PM
NO, no way.
There are tens of thousands of EB2 India applicants from 2000 to 2002. Add labor substituters, EB2 converters, and you'll be lucky to see EB-2 India at even Dec 2002. Most likely within a few weeks of Apr, all EB-2 India visas will get used up. Keep in mind the new EB-2 numbers are from EB-1 India flowover. So it's going to last even less time than Oct-Nov last year.
If USCIS does not use over 100K VISA numbers by May 31st or june 15th, then DOS will 100% move the dates forward for both India and China (and for EB3 and EB2). That's the only way DOS can use close to 140K before FY ends.
Dates may or may not become current as DOS learnt a lesson or two last year. But, dates will move forward. I won't be surprised if EB3 goes to Dec 2005 (atleast) and EB2 goes to Dec 2006 (atleast) by july 2008 VISA bulletin.
If it does not happen, do not shoot me down. It means, USCIS has used most of the numbers from this FY and then people will get their GC based on their PD and per country quota and other norms.
Going by past history, USCIS will not use the numbers and dates will move. Less than 100 days, wait and see.
There are tens of thousands of EB2 India applicants from 2000 to 2002. Add labor substituters, EB2 converters, and you'll be lucky to see EB-2 India at even Dec 2002. Most likely within a few weeks of Apr, all EB-2 India visas will get used up. Keep in mind the new EB-2 numbers are from EB-1 India flowover. So it's going to last even less time than Oct-Nov last year.
If USCIS does not use over 100K VISA numbers by May 31st or june 15th, then DOS will 100% move the dates forward for both India and China (and for EB3 and EB2). That's the only way DOS can use close to 140K before FY ends.
Dates may or may not become current as DOS learnt a lesson or two last year. But, dates will move forward. I won't be surprised if EB3 goes to Dec 2005 (atleast) and EB2 goes to Dec 2006 (atleast) by july 2008 VISA bulletin.
If it does not happen, do not shoot me down. It means, USCIS has used most of the numbers from this FY and then people will get their GC based on their PD and per country quota and other norms.
Going by past history, USCIS will not use the numbers and dates will move. Less than 100 days, wait and see.
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jk999
05-27 09:05 PM
Once I went to Staples to make photocopies of my passport and the lady suggested it is illegal to make photocopies of such documents unless the copy size is at least 50% bigger.
I like the idea anyway given the small details in the passport. So I've been doing that whenever I have to make copies.
This post has been an awakening to me. I have traveled in and out of northern NH numerous times but have never ever had this happen to me. Such incidents renew the reality for me that I am just a temp here.
I like the idea anyway given the small details in the passport. So I've been doing that whenever I have to make copies.
This post has been an awakening to me. I have traveled in and out of northern NH numerous times but have never ever had this happen to me. Such incidents renew the reality for me that I am just a temp here.
pcs
07-05 02:13 PM
They will be happy...
all the best
all the best
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sc09876
07-29 01:46 PM
@uma001
I understand your situation because you had posted elsewhere on exactly what happened to you.
Premise of the Green Card (and H1-B for that matter) is that an American citizen or a Permanent resident was not available with required skill sets for the work to be done.
Scrutiny at H1-B was traditionally a lot relaxed because it is temporary in nature by definition. A lot us seem to assume that Green Card is a natural progression from H1-B. In Employment Based GC, burden of proof lies with the organizations. I have worked with small and big organizations, and I am yet to come across an organization that will go out of the way or makes exceptions to an employee at the risk of its reputation or facing legal hassles.
When I had a choice to make may be 5 years back, a friend of mine advised me. If you have GC, big corporations can employ you easily, but if the big corporations employ you, it is not easy to get GC. (particularly because the HR would not be so easily accessible, but "control" is what he was alluding to.)
I took his advise, and landed a "desi" company, which was not so "desi" in its thought process and treatment though. They were flexible, at the same time, great to work with, paid very well and took care of expenses at actuals. I was lucky enough to have landed where I had.
One has to know very well, what one wants to do and where one one wants to head. If the over-riding factor is a GC application, find out where you get the flexibility. On the other hand, if an over riding factor is a satisfaction to work with big name companies, then you know how it works. No point blaming companies.
I understand your situation because you had posted elsewhere on exactly what happened to you.
Premise of the Green Card (and H1-B for that matter) is that an American citizen or a Permanent resident was not available with required skill sets for the work to be done.
Scrutiny at H1-B was traditionally a lot relaxed because it is temporary in nature by definition. A lot us seem to assume that Green Card is a natural progression from H1-B. In Employment Based GC, burden of proof lies with the organizations. I have worked with small and big organizations, and I am yet to come across an organization that will go out of the way or makes exceptions to an employee at the risk of its reputation or facing legal hassles.
When I had a choice to make may be 5 years back, a friend of mine advised me. If you have GC, big corporations can employ you easily, but if the big corporations employ you, it is not easy to get GC. (particularly because the HR would not be so easily accessible, but "control" is what he was alluding to.)
I took his advise, and landed a "desi" company, which was not so "desi" in its thought process and treatment though. They were flexible, at the same time, great to work with, paid very well and took care of expenses at actuals. I was lucky enough to have landed where I had.
One has to know very well, what one wants to do and where one one wants to head. If the over-riding factor is a GC application, find out where you get the flexibility. On the other hand, if an over riding factor is a satisfaction to work with big name companies, then you know how it works. No point blaming companies.
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vgayalu
10-05 01:34 PM
Hi Guys,
My attorney sent the response last week and it was delivered to the Dallas, TX. I am little concerned that my attorney actually sent the response to a courier address rather than the PO Box for TSC that they ask you to send. So far I have not seen any updates on my case.
Vgayalu: After how many days did you see an update after you sent the response to the RFE.
RFE received date : 09/07/10
RFE Response sent (MAIlED) : 09/29/10
(IN USPS to PO BOX by Express mail)
RFE Response Received by USICS : 09/30/10 ( On line update on same day). - Hard LUD
Again there is one more soft LUD on 10/01/10.
Approval update : Hard LUD 10/05/10.
My attorney sent the response last week and it was delivered to the Dallas, TX. I am little concerned that my attorney actually sent the response to a courier address rather than the PO Box for TSC that they ask you to send. So far I have not seen any updates on my case.
Vgayalu: After how many days did you see an update after you sent the response to the RFE.
RFE received date : 09/07/10
RFE Response sent (MAIlED) : 09/29/10
(IN USPS to PO BOX by Express mail)
RFE Response Received by USICS : 09/30/10 ( On line update on same day). - Hard LUD
Again there is one more soft LUD on 10/01/10.
Approval update : Hard LUD 10/05/10.
Jaime
09-10 04:04 PM
Letter for Intl Student Associations
Dear International Student Friend:
You have put yourself through a lot over the past few years: traveled to a new country, put yourself through school, worked long hours in the lab, took on multiple on-campus jobs and loans, so that
you could make a better life for yourself. Now, you are getting ready to graduate and join other high-skilled people like you who make this country one of the leaders when it comes to innovation and technological breakthroughs. We are proud of your accomplishments
and look forward to welcoming you in the real world as your friends and
colleagues.
However, we wanted to make you aware of a grim reality that you will surely
face in the coming months. Immigration visas (commonly referred to as �Green Cards�) are currently severely backlogged across multiple categories and countries. You might be vaguely aware of this and may have
heard rumors, but the truth of the matter is that most likely you will have to
face years of waiting for an immigrant visa to be approved. This in turn will
restrict your growth within an organization and at the same time prevent you
from reaching your true potential. Even if you are finishing up your course of study from the topmost university in your field, it is more than likely that you will be impacted by the current immigration backlog. We write this letter because thousands of our members are in exactly the same place. We write this because we are in process
of developing one of the most comprehensive grassroots organizations dedicated
to helping skilled immigrants achieve their American dream and at the same time help in keeping this country competitive in the global markets.
Our organization cuts across nationalities, job categories and pay scales. Even
if you are finishing up your MBA from Harvard, it is likely that you will be
impacted by the current immigration backlog. We are completely committed to
securing a more transparent, predictable and fair immigration system. We ask you
to visit our website at http://www.immigrationvoice.org and attend a rally on September 18th at Washington DC. We are running buses from your city to DC. All you need to do is visit the Immigration Voice website and sign up for where you are coming from.
Regards,
Your friends at
Immigration Voice
Great letter! Have we sent it yet??? The only thing I would change is "Immigration" visas to "Immigrant" visas
Dear International Student Friend:
You have put yourself through a lot over the past few years: traveled to a new country, put yourself through school, worked long hours in the lab, took on multiple on-campus jobs and loans, so that
you could make a better life for yourself. Now, you are getting ready to graduate and join other high-skilled people like you who make this country one of the leaders when it comes to innovation and technological breakthroughs. We are proud of your accomplishments
and look forward to welcoming you in the real world as your friends and
colleagues.
However, we wanted to make you aware of a grim reality that you will surely
face in the coming months. Immigration visas (commonly referred to as �Green Cards�) are currently severely backlogged across multiple categories and countries. You might be vaguely aware of this and may have
heard rumors, but the truth of the matter is that most likely you will have to
face years of waiting for an immigrant visa to be approved. This in turn will
restrict your growth within an organization and at the same time prevent you
from reaching your true potential. Even if you are finishing up your course of study from the topmost university in your field, it is more than likely that you will be impacted by the current immigration backlog. We write this letter because thousands of our members are in exactly the same place. We write this because we are in process
of developing one of the most comprehensive grassroots organizations dedicated
to helping skilled immigrants achieve their American dream and at the same time help in keeping this country competitive in the global markets.
Our organization cuts across nationalities, job categories and pay scales. Even
if you are finishing up your MBA from Harvard, it is likely that you will be
impacted by the current immigration backlog. We are completely committed to
securing a more transparent, predictable and fair immigration system. We ask you
to visit our website at http://www.immigrationvoice.org and attend a rally on September 18th at Washington DC. We are running buses from your city to DC. All you need to do is visit the Immigration Voice website and sign up for where you are coming from.
Regards,
Your friends at
Immigration Voice
Great letter! Have we sent it yet??? The only thing I would change is "Immigration" visas to "Immigrant" visas
more...
BharatPremi
07-10 12:22 AM
very well pointed out! maybe there is more to this than meets the eye, because the lawsuit doesn't seem to mention this violation. Or is there a remote possiblity that the lawyers havent done their math?:confused:
Ofcourse, this can become the main bullet of the law suite gun.. but hold on before firing it... It can backfire to us... End result can be unwanted... Worst Scenario could be revoking all GCs granted in June and few days of July... multiple lawsuites !!! --- AND increment in the BACKLOG where you and I and everybody in this forum are still stuck.
Ofcourse, this can become the main bullet of the law suite gun.. but hold on before firing it... It can backfire to us... End result can be unwanted... Worst Scenario could be revoking all GCs granted in June and few days of July... multiple lawsuites !!! --- AND increment in the BACKLOG where you and I and everybody in this forum are still stuck.
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bfadlia
03-09 12:54 PM
As much as I hated it, being EB3 ROW with Jul05 pd, I feel it is good that they didn't randomly move the pd forward like last year then give gc to some random 2006, 2007 cases while there are plenty of 2004 and 2005 ROW people still waiting
more...
jthomas
10-16 10:32 AM
As per IV core we should be doing lobbing and lobbing needs money. We had tried few times and the latest High Five had not collected enough money that can be used for lobbying. How can we count on our members to do something big.
I think we should work in our state level chapters, collect funds for activites and when we have a solid foundation talk about activities like flower campaign, rally etc.. where everybody would be involved.
Red and Green dots Welcomed.
Thanks
I think we should work in our state level chapters, collect funds for activites and when we have a solid foundation talk about activities like flower campaign, rally etc.. where everybody would be involved.
Red and Green dots Welcomed.
Thanks
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Keeme
10-20 06:07 PM
["We're continuing to have conversations with members of Congress, and we're open to ideas that they would put forward ... that would stimulate the economy and help us pull out of this downturn faster," White House press secretary Dana Perino said around noon Monday, shortly after Bernanke endorsed the need for a fresh and "significant" round of government action.]
If you want to sell your 'ideas', get her e-mail address and start sending e-mails to her.
Also we can start sending e-mails to Federal Reserve Chairman Ben Bernanke.
They have resources to put ideas to congress members and Congress members would listen them. Sending some 20-25 e-mails to them won't stop us doing what you guys are planning to do.
If you want to sell your 'ideas', get her e-mail address and start sending e-mails to her.
Also we can start sending e-mails to Federal Reserve Chairman Ben Bernanke.
They have resources to put ideas to congress members and Congress members would listen them. Sending some 20-25 e-mails to them won't stop us doing what you guys are planning to do.
more...
sunitharay
08-09 12:20 AM
I am spending sleepless nights worrying...and regarding resubmitting, is it not a waste submitting it twice - will they encash the checks twice?
OR
it seems to be a better idea to just enclose the RN # and submit the EVL separately...
OR
it seems to be a better idea to just enclose the RN # and submit the EVL separately...
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nixstor
07-02 10:46 PM
Guys,
Below is what Rajiv Khanna thinks. You can find it on http://www.forclients.com/cmsd/node/81 . I am not trying to play spoil sport here. I feel that we should be working towards recapturing the unused visa numbers / being able to file for 485, instead of focusing on costly law suits, given that the chances of winning are slim. I hope that I will be proven wrong as Rajiv hopes. You might ask me about the chances of getting them recaptured. That might be slim as well, but that will get rid of the base problem which is retrogression, if at all we are successful. Just my thoughts. The last para of Rajiv's post summarizes very clearly why the court will dismiss the case, even if they find DOS & USCIS to be wrong. I can confidently tell you that USCIS is not going to give rejection notices to any one in the next 45 days. They know that the more they delay the rejection notices, the more the time it will take for plaintiffs to file a case. By that time the VB will come up with some dates instead of "U". As Rajiv said, there might have been many instances of these lawsuits in which USCIS got away. I doubt, if we can even touch the DOS on this because, CA/VO is just one part of DOS and DOS is too powerful to be touched
Q. Can we file a lawsuit?
A. Here is a legal answer as I see it. I hope I am proven wrong. I will elaborate further in our conference call. In my view, the lawsuit has a slim chance of succeess, but not in DC circuit. Our circuit is not likely to interfere with the exec easily. The strongest point is that govt. is changing a long standing practice, which requires rule-making under APA. The govt. will, of course, argue that they have issued amendments in the past and that this practice does not affect substantive rights. That would probably fly in the face of AC21 portability benefit which is, no doubt a substantive right.
Mootness is not a problem usually, because in a putative class action, we can always add more plaintiffs. Also, there are exceptions to mootness that could see a suit through.
I have not looked at the issues in great detail. Nevertheless, I think, the biggest problem is, if we dont get a hearing and an order within the month of July, the Court may have to dismiss the suit for inabaility to order relief (against the statute). This situation has occurred many, many times in the context of DV lottery cases.
Below is what Rajiv Khanna thinks. You can find it on http://www.forclients.com/cmsd/node/81 . I am not trying to play spoil sport here. I feel that we should be working towards recapturing the unused visa numbers / being able to file for 485, instead of focusing on costly law suits, given that the chances of winning are slim. I hope that I will be proven wrong as Rajiv hopes. You might ask me about the chances of getting them recaptured. That might be slim as well, but that will get rid of the base problem which is retrogression, if at all we are successful. Just my thoughts. The last para of Rajiv's post summarizes very clearly why the court will dismiss the case, even if they find DOS & USCIS to be wrong. I can confidently tell you that USCIS is not going to give rejection notices to any one in the next 45 days. They know that the more they delay the rejection notices, the more the time it will take for plaintiffs to file a case. By that time the VB will come up with some dates instead of "U". As Rajiv said, there might have been many instances of these lawsuits in which USCIS got away. I doubt, if we can even touch the DOS on this because, CA/VO is just one part of DOS and DOS is too powerful to be touched
Q. Can we file a lawsuit?
A. Here is a legal answer as I see it. I hope I am proven wrong. I will elaborate further in our conference call. In my view, the lawsuit has a slim chance of succeess, but not in DC circuit. Our circuit is not likely to interfere with the exec easily. The strongest point is that govt. is changing a long standing practice, which requires rule-making under APA. The govt. will, of course, argue that they have issued amendments in the past and that this practice does not affect substantive rights. That would probably fly in the face of AC21 portability benefit which is, no doubt a substantive right.
Mootness is not a problem usually, because in a putative class action, we can always add more plaintiffs. Also, there are exceptions to mootness that could see a suit through.
I have not looked at the issues in great detail. Nevertheless, I think, the biggest problem is, if we dont get a hearing and an order within the month of July, the Court may have to dismiss the suit for inabaility to order relief (against the statute). This situation has occurred many, many times in the context of DV lottery cases.
more...
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pitha
02-21 04:05 PM
I agree with you but I am not frustrated but pointing out the realities. See what happenned to labor substitution. People misused it and the end result is there in no labor substitution any more. The way people are misusing eb2 it is just a matter of time when it would be almost impossible to get eb2 even for genuine job requirement. USCIS and DOL know what happenning with EB2 and they will crack down.
pitha...while i bear the frustration of the doors slamming on my face in october 2005 (eb2 was current prior to that) for the sheer fact that i had an incompetent attorney during the initial days when my LC process started.....i would not go far as saying that the porters have "cheated" the system.
The law via Chintakuntla provided that a person with a bachelors degree and 5 years experience is equal to an advanced degree holder.
All the porters are doing is following the law. Its frustrating to people like you and me, but its their right. If i was in their position and the law allowed me to take advantage of a provision of this nature, I would gladly take it.
pitha...while i bear the frustration of the doors slamming on my face in october 2005 (eb2 was current prior to that) for the sheer fact that i had an incompetent attorney during the initial days when my LC process started.....i would not go far as saying that the porters have "cheated" the system.
The law via Chintakuntla provided that a person with a bachelors degree and 5 years experience is equal to an advanced degree holder.
All the porters are doing is following the law. Its frustrating to people like you and me, but its their right. If i was in their position and the law allowed me to take advantage of a provision of this nature, I would gladly take it.
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Alabaman
10-20 10:04 AM
Thanks gclabor07!
Highly Skilled workers:
Ensure high skilled workers trained and educated in the United States have the opportunity to stay and work in the United States upon graduation.
Reform caps for H-1B visa program to rise and fall in response to market conditions. Reduce bureaucracy and waiting times for workers to arrive in the United States.
Increase available green card numbers to reflect employer and employee demand.
Extend the ability for H-1B visa holders to renew their H-1B status while waiting for their green card number to become available.
Ensure available and qualified American workers are given adequate and fair opportunities to apply for available positions.
The rest of you guys; tell me this is not good for the EB community!!! Immigrants blindly think that Democrats are somehow the only party that will solve every problem of theirs w/o even looking at their agenda.
It is a no-brainer, McCain has a plan that will benefit us. I know we have no voting powers, but our support (in anyway legally possible) should be for McCain. Period!
Sweet... but he's going to loose... so what do you do??? Read my previous post.
Highly Skilled workers:
Ensure high skilled workers trained and educated in the United States have the opportunity to stay and work in the United States upon graduation.
Reform caps for H-1B visa program to rise and fall in response to market conditions. Reduce bureaucracy and waiting times for workers to arrive in the United States.
Increase available green card numbers to reflect employer and employee demand.
Extend the ability for H-1B visa holders to renew their H-1B status while waiting for their green card number to become available.
Ensure available and qualified American workers are given adequate and fair opportunities to apply for available positions.
The rest of you guys; tell me this is not good for the EB community!!! Immigrants blindly think that Democrats are somehow the only party that will solve every problem of theirs w/o even looking at their agenda.
It is a no-brainer, McCain has a plan that will benefit us. I know we have no voting powers, but our support (in anyway legally possible) should be for McCain. Period!
Sweet... but he's going to loose... so what do you do??? Read my previous post.
more...
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Munna Bhai
12-26 09:18 AM
a)My 6 years H1b is over by May 07.
b)I-140 Premium Processing pending.
c)Got offers from other two company.
Can I use I-140 to transfer my H1b to another company?What happens if the current company revokes I-140? What is the best option?
Thanks,:(
b)I-140 Premium Processing pending.
c)Got offers from other two company.
Can I use I-140 to transfer my H1b to another company?What happens if the current company revokes I-140? What is the best option?
Thanks,:(
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PBECVictim
07-01 04:28 PM
Will CIS Discontinue Intake of I- 485 Applications?
It is possible. Such an action would be illegal, but CIS has already stopped accepting I- 485 applications for another category known as "Other Workers," despite June Visa Bulletin showing that category is current. My advice to all of you is keep filing all through the month of July. For all we know, they may never issue such an illegal policy or they might lose a lawsuit filed against them. So keep filing.
It is possible. Such an action would be illegal, but CIS has already stopped accepting I- 485 applications for another category known as "Other Workers," despite June Visa Bulletin showing that category is current. My advice to all of you is keep filing all through the month of July. For all we know, they may never issue such an illegal policy or they might lose a lawsuit filed against them. So keep filing.
more...
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akhilmahajan
09-26 12:18 PM
Can you put URL for updated article?
http://money.cnn.com/2007/09/25/smbusiness/h1b_cap.fsb/index.htm?postversion=2007092606
http://money.cnn.com/2007/09/25/smbusiness/h1b_cap.fsb/index.htm?postversion=2007092606
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srikondoji
07-16 05:19 PM
Iam really not worried about NUMBERSUSA. More than that iam worried about senators who believed such a propaganda and opposed the bill.
Iam sure now that america is not safe in the hands of such senators who don't do their due dilligence and just believe into lobbysts.
Shame on such senators.
they are shameless liars and racists
Iam sure now that america is not safe in the hands of such senators who don't do their due dilligence and just believe into lobbysts.
Shame on such senators.
they are shameless liars and racists
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nk2007
07-18 12:34 PM
Some of you have been concerned about my post regarding the rejection of some applications received on July 2nd. I've been checking and it seems to be true that some cases were sent back that day. Apparently, the number of cases sent back is small, however, so that is good news. And you should have received the case back by now if you're in that group. For everyone else, the way you will likely find that your case is being processed will be if the check is cashed. I would give this a few days and keep checking with the bank to see if the payment has cleared and this will be a lot faster in all likelihood than waiting on a receipt. Obviously, check with your lawyer on this.
Macaca
01-28 10:22 AM
The concept of cap is informally and unofficially considered in US universities. In any enginerring class 40+% students are Chinese, Indian and Korean; I am not considering second generation who are American citizens. With such numbers, whatever happens in China, India and Korea happens in a class : there are 10 different languages in a class, international students have previous exams, international students work together on take home, etc. The educational system breaks down completely.
On the other hand, Engineering schools will shut down without Chinese, Indian and Korean. So there are no options.
In the next stage, they graduate and get jobs when the GC quota breaks down.
On the other hand, Engineering schools will shut down without Chinese, Indian and Korean. So there are no options.
In the next stage, they graduate and get jobs when the GC quota breaks down.
voldemar
06-22 03:11 PM
Can you please provide the link ?
I refered to USCIS website but did not find a mention of copies of DL.
There is no link - it's people experience. There are a lot of guys who got RFE for color copy. Search forums if you want proof.
I refered to USCIS website but did not find a mention of copies of DL.
There is no link - it's people experience. There are a lot of guys who got RFE for color copy. Search forums if you want proof.
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