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  • hydboy77
    02-12 10:05 AM
    DOS and USCIS are making sure no visas are being wasted in any category whether it is FB or EB category. In this situation we cannot expect any FB visa wastage and spillover of those FB wasted visa in EB category anymore. Without the FB spillover there will not be any forward movement in EB2 during the august-september visa bulletin. Mpadapa analysis seems to be correct and is also backed by facts and numbers. With only 140k visas for EB and without any FB spillover we might actually see dates moving back and staying stagnant for EB2 india. Remember Eb2 india has never managed to move beyond April 1 2004 without the FB spillover in the last quarter.This is a terrible shock to everybody in EB2 India, I have been saying this all along that EB2 will be stagnant or move backward (because of eb3 line cutters).

    My document uses similar method as used in 2007 USCIS Ombudsman report.
    Here is the link to my document - link (http://spreadsheets.google.com/ccc?key=p_liYSUcqZRXA9OjuWUNRag&hl=en)
    Similar table can be found in Ombudsman report - link (http://www.aila.org/content/fileviewer.aspx?docid=22650&linkid=162315) Look at Page 34 ( 52 / 145 )

    The numbers in my report would be off by < +/- 50 visa's because I am using published data and Ombudsman uses internal DOS data.

    The bottom line is EB limit has enjoyed spillover from unused FB visas and this year it is not going to happen. In the past we have been used to EB limits of 154K (2007), 163K (2008), this year we have to get used to the original limit 140K The movement of PD of various categories would take their own coarse based on USCIS interpretation of spillover between categories.

    It would be great if members can update their profiles so that IV can do a better job of estimating the forward movement using the tracker.





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  • arun397
    11-30 12:01 PM
    It does not matter who will get credit for this. It would not happen without people taking action - IV members or those who took the USCIS to court (BTW, 90% of those did it without attorneys). Nothing happens if you do not do anything!

    Hi Lazycis,
    We have been hearing this from different sources for while now. When do you think this will come true?Hopefully it happens before the judge dismiss my WOM:)





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  • ashkam
    03-27 11:51 AM
    "I am not replying anymore to your arguments"

    That's the most sensible thing you've said today.

    Also, read qasleuth's post.





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  • sledge_hammer
    02-27 05:41 PM
    Kid? Pot calling the kettle black?

    I have seen idiots like you who don't have an answer to questions and end up simply diluting the discussion with unrelated topics!

    If you consider yourself tough and someone with credibility, then provide an answer to my previous post. Punk!

    Listen kid, i don't wanna get into a mud slinging immature tough-behind-the-keyboard match with you, i've seen you respond in here and its funny how you keep using the same line over and over again, lol.

    Again, if you don't get the difference between the tone in a professional response against a personal opinion based lash-back then thats your problem not mine :)



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  • guyfromsg
    07-10 08:12 PM
    Being a big company they may have their own IT dept. If we can find out if they either outsource their IT dept or hire H1-bs than he may not have much to argue..my 2cents.





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  • dineshksharma
    07-14 07:56 AM
    Congratulations Dinesh! I feel very happy for you.

    Could you take some time out and let us know about your H1B delay in India?

    Thanks

    I had gone to India for my father's 75th. b'day and planned to get my H-1 renewed. However, when I went to embassy, they said that I have to get clearance and will take one week. I said fine. One week became two weeks, then one month and then two months. I tried to contact embassy and other people, but of no use. My chief here in US, also tried. Meanwhile, my AP had arrive in US (we had filed for I485).( My wife had already got her H-1 approved and she had gone back.) She send me the AP. I contacted two of my lawyers; one said it is fine to come with AP, other said no. I send a letter to embassy asking about my travel with AP. They said, it is legal and not suggested!!!.
    So after waiting for two month, I took a chance and came here on AP. At the airport, they took more than one and half hours to get be cleared, meanwhile my wife was waiting for me outside, not knowing what was happening. She was in tears when I came out finally.
    After I came to US, I was informed from India that the US embassy had called and said that my name has been cleared and I should come to get my H1 visa stamped.!!!!!!!!



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  • songlan
    09-14 10:17 PM
    I couldn't agree with you more...

    As long as you are able to do what you want to do in life, that is what really matters. I don't have children yet, so that's not my worry. My spouse is on her own H1 and I hold two jobs on concurrent H1s.

    Between the 3 jobs, we make good money, own two houses in the US, one overseas and live a content life. That's our GC, the actual GC is nice to have but it doesn't bother us that much...I bet there are plenty of GC holders out there who haven't gotten as far as I have...in terms of working 2 jobs & owning 2 houses.

    So the moral of the story is, GC or no GC, live a good life, be content and don't miss out on the fun...don't let the GC fever bring you down..

    hm... So why are you here, in Immigrationvoice ???





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  • mallu
    12-01 02:58 PM
    FYI: The number of name check related lawsuits increased 10 times from January 2006 to January 2007 :) I estimate the total number for this year will be 3-4 times bigger than 2006 number.

    There may be a slight decrease in number because of retrogression, but i believe the bros&sis in the citizenship queue will compensate for that.



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  • sweet23guyin
    02-12 04:59 PM
    Hi all,

    ... did not inform him while leaving his company and joined another job...

    No matter how bad an employer is, one should inform before quiting...atleast one day in advance!

    Bring IRS in to picture, let them deal these kind of cases...U should be OK in getting W2

    Don't worry about losses and cases, it will cost him more if he gos to court.





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  • globaldesi
    07-06 11:55 AM
    I fully support the initiative.
    What more needs to be done to get the ball rolling?



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  • RDB
    01-06 03:08 AM
    Yes, completely agree....PMP is akin to CCNA type of certifications and MBA is akin to a MS in Computer Networking. I will not go into details explaining the difference but just getting CCNA only helps you get a job, not advance in your career - where as a MS degree will always help in advancement. Ofcourse, there are exceptions and nothing is set in stone but that's the general rule of thumb.

    I am not sure why the 2 are being compared. One is a professional degree while the other is a certification. MBA prepares you (in theory) for several different jobs (marketing, finance, ops, general mgmt etc.) while PMP is primarily to "check the box" on program management. With all due respect to the PMPs (and other PM credentials) I havent seen any additional skills that PMP provides.

    Yes- I have an MBA and a PM certification and work with several IT PMs/techies but an not in IT myself.

    -a





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  • arunarch
    08-22 01:35 PM
    I might be wrong, but I think the way it works is by supply and demand. If the supply of new visa numbers is much less than the demand, the dates might go back.



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  • jchan
    06-05 09:46 AM
    I found some things in our favor:

    1. Cap exempt H1B holders can now work for cap subject employer CONCURRENTLY without being counted to cap
    2. 3 year H1B extension based on approved I-140 can be as many times as needed, not 'one time' only
    3. Once you have an approved I-140, you will never be subject to H1B cap:
    (4) Exemptions to Limitations of Stay. The limitation on the total period of stay does not apply to H-1B aliens when, as of the date of filing the extension request:
    ....
    The alien is the beneficiary of an approved EB immigration petition and is not able to file to adjust status to U.S. permanent legal residence based on the unavailability of an immigrant visa number.

    The one about the AC21 and approved I-140 is rather hard to understand, someone can give his/her interpretion of it?





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  • guy03062
    04-12 12:19 PM
    I totally agree with bkarnik.

    I read somewhere long time back that allowing to file EAD/AP (while visa not available or after I-140 is approved) is USCIS policy issue, not by law. Immigration lawyers may know this but this is absolutely opposite to their interest - they may wish people continue filing H-1 multiple times!!

    So instead of using our own logic/interpretation, we should contact USCIS in this regard! In any case, we do not have to loose anything! In worst case, we will be at the point where we are now. If it really works then it would give real temp relief to lots of people until immigration law passes (when??).

    Werc:

    Thanks for your post. However, as per my original post, could you indicate the section where in the INA does it mention when employment authorization can be given? In fact, the first line in the in the paper in the link included by Bee in his post, clearly mentions that "...nowhere in the statutes or regulations, is there a reference to a work permit" (i.e. an EAD as clarified later in the document).

    As you mention later in your post, yes it is hard to get something from USCIS, but should we shy away from something just because it is hard? Also, as the same document (posted by BEE) mentions, the reasons for issuing an EAD are varied.

    But let us take the specific case you mentioned, a student can work up to 12 months after his graduation. This time frame is provided for multiple reasons, the main one being to give the student to find employment in his related field of education and for the employer to evaluate him and process his adjustment of status. Without the EAD, the student would have to find employment and adjust his status within 2 months or be out of status. BUT the EAD also provides the student the choice of changing employers without losing his status.

    Now, coming to the issue of EAD after I-140 or after I-485...By submitting the I-140 the employer is not only asking the USCIS to approve the need (as certified by the DOL) of a alien as a permanent worker, the employer is also providing the USCIS with particulars of the alien who will be hired. Therefore, by approving the I-140, the USCIS is not only approving the need of the employer, it is also approving the alien for the job. This is also supported by the fact that the USCIS allows concurrent filing of I-140 and I-485 if the priority date is current for that particular country/category. Hence, an EAD after I-140 not only allows the employer to hire an alien already in the company, it also allows the alien who might be working for an employer other than the one which applied for the I-140 to switch jobs, without worrying about being out-of-status, if he is very close to finishing his 6years on an H1B. For an alien who is outside the country when his I-140 is approved (very rare case, but possible), he can enter the US on an H1B sponsored by the petitioning employer and then apply for an EAD for himself and his dependents while waiting for the visa number to be available and file his I-485. BUT the EAD also gives the alien the chance to find another willing employer within 6 months for similar job descriptions and within the same geographic area without being out of status and preserve the priority date rather than worry about losing his status if something unfortunate happens to the petitioning employer (ENRON, MCI, etc.)

    Whether, this will be successful or not is another question. But unless you try you can never be sure. Before 1969, a man on the moon was an impossibility but it happened :) Changing the law is the NEED of the day and we should be pursuing it to the full extent of our capabilities for LONG term relief. But, asking the agencies who interpret the existing laws and apply them to reconsider will not and should not in any way hamper our efforts in this. Rather this is something that is a SHORT term relief that in no way goes against the word of the law or against the intent of Congress when it passed the law.

    Well, since this has been an long post, I will call it my 4 cents.:D Thoughts, comments and brickbats are, as usual, welcome.



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  • kumarc123
    11-21 02:26 PM
    Dear Friends,

    As per yesterday’s floor summary (access link below), the House of Congress has been adjourned and this marks the end of the business activity in the house of the110th Congress. House will re-convene at 11:00 a.m. on January 3, 2009 and that will be the first session of the 111th Congress.

    Floor Summary: http://clerk.house.gov/floorsummary/floor.html

    3:02 P.M. -
    The House adjourned pursuant to H. Con. Res. 440. The next meeting is scheduled for 11:00 a.m. on January 3, 2009.


    HR 5882 introduced in the 110th Congress will no longer valid for consideration in the 111th Congress and a new RECAPTURE bill has to be introduced in 111th Congress with the same contents of HR 5882 in order for us to obtain some relief.

    I think we should start our campaign now itself, targeting Rep Lofgren, Zoe [CA-16] and Rep Sensenbrenner, F. James, Jr. [WI-5], for the RE-INTRODUCTION of the RECAPTURE bill during the first week of the 111th Congress.

    Also, it is very important NOT to campaign for the expansion of the scope of this bill at this point of time as that will make this bill to get ignored and become a reason to add the whole relief measures to a Comprehensive Immigration Reform bill which may take 1-2 years to get passed depending on the political landscape.

    We should ask Hon. Zoe and Hon. Sensenbrenner to introduce this as an emergency relief measure and try to get this passed during the first quarter itself.

    Once this bill gets introduced, we could request all previous Co-Sponsors of HR 5882 to become Co-Sponsors of the new bill.

    So at this point, we should send mails to Rep Lofgren, Zoe and Rep Sensenbrenner, F. James, Jr. encouraging them to re-introduce the RECAPTURE bill.

    Let’s keep HOPE alive!

    Dude nothing will happen, this was lost and last battle.


    The problem is us, yes "us". Most of us come to check whats on the website and then make sure we stay abreast with it. No one wants to work etc mile except making stupid phone calls and sending faxes.


    NOTHING WILL HAPPEN Because we are DESIS


    All the people who got EAD's act as if " I don't care now, I got EAD " I have spoken to few Indians and this has been their response.All these suckers are good for what? You all got EAD, congrats you sit on your bud and wait for years. We all have seen how the bulletin is working.

    Illegals are better than us at least they are united and they are actively involved.

    We need the IV core team and the administrator to guide some big rally's. Guys nothing will happen until we are bold about our intentions.
    I noticed everyone comes up with their different ideas, but no one works to implement it. We need to stand together and do something big, when was the last time we had a big rally?

    And how many people actually showed up? Desi's wants everything fast and free.
    One of the reasons friends of mine from IV have left being disappointed.

    Yes 2007 was a milestone for a few people, but a disaster for people like us, who had PD in 07, had July fiasco not happened we could have seen some positive movement, rather being put on a swing ------------------ go front----------------------- go back.


    So all the junior and new members until you guys quantitatively plan something big and real, nothing will happen. We all have our own problems, life in America is not simple, but in order for us to accomplish something we all need to unite and do something big, the problem is lately IV thinks too much and has less of ACTION





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  • jonty_11
    07-26 03:30 PM
    thanks for posting the actual link...
    http://www.uscis.gov/files/pressrele...mes27Jul07.pdf

    even before USCIS did....



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    09-05 06:32 PM
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  • rkanth12
    10-10 12:52 AM
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  • redgreen
    11-27 07:03 PM
    Hi All FP seekers! I do not know what exactly I am missing if there is a delay in FP. It looks like hundreds of IV members are too much worried because of the 'delay' in FP. Let me worry too (by knowing the big problem!). Can any worriers explain??
    On the other hand is it not better to have a late FP, so that you need not go again in the next 15 months! Anyway for most people GC is going to take years!





    Guig0
    02-11 11:20 AM
    how about that 30 votes rule?

    I was just hiring 30 ppl to sign up to kitupa and vote for me... :(





    nrk
    10-26 08:05 PM
    Hi Guys,

    I am EB2 I with a priority date of April 2006 (Direct labor applied and approved from employer A, I 140 applied and approved from Employer A, Filed 485 from Employer A itself)

    Moved to Employer B using EAD in 2009 January. (Almost after 18 months after getting EAD)

    10/15/2009 i called the TSC and asked the representative to know whether my case is pre approved or not. the representative told me that he does not have any of that data and opening a SR will let us know. i opened one SR on the same day.

    I got a mail just now, with the following text in it.

    "The status of your request is

    Your case is on hold because your appear to be inadmissible under the current law

    Rather than denying your application based on inadmissibility, we are placing your case on hold while the Department of Homeland security considers additional exercises of the security of Homeland security discretionary exemption authority.

    Such an exercise of the exemption authority might allow us to approve the case."


    What does this mean, any one has some idea about it.



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