satyasaich
01-13 04:04 PM
Nuke buddy are you off your rocker. These guys will kill you for even suggesting it. I myselft have taken all kinds of abuses from everyone here and i myself had the presence of mind to not go there. Leave it . That law is the law. Of course it did hurt EB3 but what it did is take the unfair benefit that EB3 was getting because of wrong interpetation of the law. No all that is water under the bridge.
Once upon a time in this country ( & based on situation 'at' that time), laws were made and hence some classifications such as EB1/2/3 etc;
I'm not here to waste any one's time( including mine) but why shouldn't we ( i mean IV which includes "all" members) try for following
1. Automatic consideration of any EB3 after 5 years of filing date of LC ( conditions being verifiable and clean work history ) to EB2 such as a person in the queue shall be able to apply him/her self by providing facts such as 5 years of W2s, say for example.
2. Any spill over from ROW must "first" be made available to "highly retrogressed EB category" regardless of the country. Simple rule: make the spill over available to "that" EB category where there is most retrogession.
Meaning not the vertical spill as it is happening now
AND
3. Remove the count of dependent family members against number of visas granted per year in any of EB category
Once upon a time in this country ( & based on situation 'at' that time), laws were made and hence some classifications such as EB1/2/3 etc;
I'm not here to waste any one's time( including mine) but why shouldn't we ( i mean IV which includes "all" members) try for following
1. Automatic consideration of any EB3 after 5 years of filing date of LC ( conditions being verifiable and clean work history ) to EB2 such as a person in the queue shall be able to apply him/her self by providing facts such as 5 years of W2s, say for example.
2. Any spill over from ROW must "first" be made available to "highly retrogressed EB category" regardless of the country. Simple rule: make the spill over available to "that" EB category where there is most retrogession.
Meaning not the vertical spill as it is happening now
AND
3. Remove the count of dependent family members against number of visas granted per year in any of EB category
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mallu
02-13 02:13 PM
I am eating 3 times a day and looking for the fourth meal. Meanwhile there is a bunch hanging around the kitchen looking for atleast 1 meal a day. The food supply is limited. If i join with those , i might be in a situation of 2 meals a day. Even though justice is done with respect to whole lot, there was some injustice to me. What is then the incentive to work with IV ? Wasn't that the tone of question ?
gcisadawg
05-01 06:02 PM
And who told you that they are being opressed - have you been to Sri Lanka and if yes which places did you visit to see the Tamils being opressed .
The terrorists who come to fight in J&K from Pak say they are fighting because Indian Army and govt is opressing the Muslims . Is that true also ?
Seriously I don't care - my personal opinion that in this particular case it is none of our ( India's ) business to meddle in Sri Lankan affairs when they are on the verge of getting rid of a menace they have . Terrorism is not a solution of anything . Only peaceful times can bring happiness and prosperity.
I think your fear is that if you accept the argument that SL Govt is oppressing the Tamil minority, then by default, you would be *forced* to accept the argument that Indian govt is oppressing Kashmiris. It is an apples vs oranges comparison. The situation that is happening in SL is nowhere near anything that had happened in India. I like to see LTTE wiped out completely. BUT the real question is, would that result in equal rights for SL tamil citizens? Let us wait and watch ( without actively intervening) while the people for whom this war is fought perish one by one. Rajapakhse has termed this war as liberating Tamils from the clutches of LTTE. Instead, it seems like, he is liberating people from their earthly life.
To be a fair judge, one should visit both Tamil leaning websites and defense.lk to get both sides of the story. It is suicidal to make a judgment from those flashy videos at defense.lk alone!
The terrorists who come to fight in J&K from Pak say they are fighting because Indian Army and govt is opressing the Muslims . Is that true also ?
Seriously I don't care - my personal opinion that in this particular case it is none of our ( India's ) business to meddle in Sri Lankan affairs when they are on the verge of getting rid of a menace they have . Terrorism is not a solution of anything . Only peaceful times can bring happiness and prosperity.
I think your fear is that if you accept the argument that SL Govt is oppressing the Tamil minority, then by default, you would be *forced* to accept the argument that Indian govt is oppressing Kashmiris. It is an apples vs oranges comparison. The situation that is happening in SL is nowhere near anything that had happened in India. I like to see LTTE wiped out completely. BUT the real question is, would that result in equal rights for SL tamil citizens? Let us wait and watch ( without actively intervening) while the people for whom this war is fought perish one by one. Rajapakhse has termed this war as liberating Tamils from the clutches of LTTE. Instead, it seems like, he is liberating people from their earthly life.
To be a fair judge, one should visit both Tamil leaning websites and defense.lk to get both sides of the story. It is suicidal to make a judgment from those flashy videos at defense.lk alone!
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ss_col
08-12 04:35 PM
I filed 2 140's:
1. 140 and 485 concurrently at the TSC on Aug 6th 2007 based on the EB2, India, May 06 labor . This 140 is not approved.
2. Filed second 140 based on Mar 05 labor on Dec 14th 2007 at TSC- EB2, India. Both are with the same company. This got approved on Aug 8th, 08.
How do I link the approved 140 to my 485? Do I need to fill in any form or do I need to talk to TSC or send them letter with approved 140 and 485 copy.
Would appreciate inputs.
1. 140 and 485 concurrently at the TSC on Aug 6th 2007 based on the EB2, India, May 06 labor . This 140 is not approved.
2. Filed second 140 based on Mar 05 labor on Dec 14th 2007 at TSC- EB2, India. Both are with the same company. This got approved on Aug 8th, 08.
How do I link the approved 140 to my 485? Do I need to fill in any form or do I need to talk to TSC or send them letter with approved 140 and 485 copy.
Would appreciate inputs.
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okuzmin
07-11 07:48 PM
Another option for future Canadian PR's: you can get a business visa to come to the USA. US consulates give such visas much easier to Canadian PR's rather than to just a citizen of India, China, Russia, etc.
Yet another option: get a job with a Canadian company that has an office in your native country. You can get a transfer to that office and work in your homeland (or travel back and forth) while still accumulating days/months/years to qualify for Canadian citizenship.
Yet another option: get a job with a Canadian company that has an office in your native country. You can get a transfer to that office and work in your homeland (or travel back and forth) while still accumulating days/months/years to qualify for Canadian citizenship.
cinqsit
01-13 08:28 PM
I think this is a good development.
Its good for consultants as they will now get a chance to be employee of primary vendor - no more "layers" and "layers" of consulting companies taking cut out of their share.
Certainly a doomsday for these small consulting companies which in my opinion had no business taking cut (literally for doing nothing - many times just sending out monthly invoices) out the consultants pay anyway
Its good for consultants as they will now get a chance to be employee of primary vendor - no more "layers" and "layers" of consulting companies taking cut out of their share.
Certainly a doomsday for these small consulting companies which in my opinion had no business taking cut (literally for doing nothing - many times just sending out monthly invoices) out the consultants pay anyway
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royus77
06-28 05:14 PM
right, and the worry (as is also noted in the AILA complaint that someone posted earlier) is that USCIS can consider the update from DOS to be the 'updated' Visa Bulletin.
There is nothing that prevents DOS from issuing a visa bulletin at any time and making it effective then-and-there. AILA has raised concerns with this, that it is a problematic thing to do, but it seems to be well within the law. I dont think there is a chance of a lawsuit here.
Even If there is a law suit by AILA and negotiations .bla bla ...if they decide to go for a interm memo , the first victims will be us . AILA will collect money one more time and they will be happy ...
There is nothing that prevents DOS from issuing a visa bulletin at any time and making it effective then-and-there. AILA has raised concerns with this, that it is a problematic thing to do, but it seems to be well within the law. I dont think there is a chance of a lawsuit here.
Even If there is a law suit by AILA and negotiations .bla bla ...if they decide to go for a interm memo , the first victims will be us . AILA will collect money one more time and they will be happy ...
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amsgc
12-13 10:08 PM
It is surprising to me that some, so called high skilled, folks can be so blinded by their desire to get the green card that they are unable to see right from wrong.
Never mind the pain of those affected by this inequitable system, or if this is technically legal, or whether it can be challenged in court. Think about what you are condoning – an unjust government policy that presumably works for you, now. By advocating an unfair policy today, in the long run you are undermining your own position as an immigrant in this country.
You seem to be crying out loud - “I am a high skilled foreigner, but I am different, different from them! Look, look at my color, texture, please look at my passport. Oh no fuck that, please look at my place of birth. Skills? Yes we all have them, but let’s not get distracted. I am different - will you please look at my birth certificate, please?”
Oh I hear ya. But all said and done, you will still be a foreigner to the average Joe on the street, even after you get your green card or naturalization papers. And if things go south, then those unethical policy makers, whom you give a pass today, will find a way to get you – and yes, that birth certificate will come handy. It is important to be united, and stay united.
To say that the United States has the right to make any law with respect to immigration doesn’t make an unjust law right. Presumably you are well educated and can understand this. And speaking of education – was it your degree or birth certificate that you took to your job interview that set this process in motion? It is counter intuitive to have such a provision where, to begin with, it is your skills that enabled you to get in line.
Apart from the resounding racial undertone, this policy is also harmful for the society at large. It encourages people to be conscious about their origins, be aware of their differences and the whole idea of America being a melting pot just goes down the toilet.
I understand it is difficult for some to fight this unfair system, because first you may have to fight and win against your basic instincts. It is hard for us, but this attitude may make things harder for you in the future.
Lets stay united and open minded, and fight for a fair system.
Never mind the pain of those affected by this inequitable system, or if this is technically legal, or whether it can be challenged in court. Think about what you are condoning – an unjust government policy that presumably works for you, now. By advocating an unfair policy today, in the long run you are undermining your own position as an immigrant in this country.
You seem to be crying out loud - “I am a high skilled foreigner, but I am different, different from them! Look, look at my color, texture, please look at my passport. Oh no fuck that, please look at my place of birth. Skills? Yes we all have them, but let’s not get distracted. I am different - will you please look at my birth certificate, please?”
Oh I hear ya. But all said and done, you will still be a foreigner to the average Joe on the street, even after you get your green card or naturalization papers. And if things go south, then those unethical policy makers, whom you give a pass today, will find a way to get you – and yes, that birth certificate will come handy. It is important to be united, and stay united.
To say that the United States has the right to make any law with respect to immigration doesn’t make an unjust law right. Presumably you are well educated and can understand this. And speaking of education – was it your degree or birth certificate that you took to your job interview that set this process in motion? It is counter intuitive to have such a provision where, to begin with, it is your skills that enabled you to get in line.
Apart from the resounding racial undertone, this policy is also harmful for the society at large. It encourages people to be conscious about their origins, be aware of their differences and the whole idea of America being a melting pot just goes down the toilet.
I understand it is difficult for some to fight this unfair system, because first you may have to fight and win against your basic instincts. It is hard for us, but this attitude may make things harder for you in the future.
Lets stay united and open minded, and fight for a fair system.
more...
z029556
08-14 02:26 PM
Hello Sir/Madam,
Recently I have E-Filed for EAD renew and have sent all the supporting documents the following day. But I have recieved an RFE for the photos I haven't sent along with the documents and asked me submit 2 color passport photos. It was my understading that I don't have to send the photos while E-filing since they will be taken at the bio-metric appt. I am done with my bio-metric appt. Do i need to contact USCIS about this or is there any thing you can suggest me.
Regards
Vijay
p.s I have already responded to the RFE with 2 color photos.
Recently I have E-Filed for EAD renew and have sent all the supporting documents the following day. But I have recieved an RFE for the photos I haven't sent along with the documents and asked me submit 2 color passport photos. It was my understading that I don't have to send the photos while E-filing since they will be taken at the bio-metric appt. I am done with my bio-metric appt. Do i need to contact USCIS about this or is there any thing you can suggest me.
Regards
Vijay
p.s I have already responded to the RFE with 2 color photos.
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Subst_labor
03-16 01:17 PM
i am not paying anything, its a decent company from NJ. the only thing i am concerned about is that this experience was when i was IN college and it was a really small company (part time thing..)
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TeddyKoochu
09-17 03:23 PM
I wish the statement is true.
I think your friends cousin got the card by mistake, that does not mean that it will see a significant moment for EB3 I. The only possibility is if USICIS wants to recapture the unused visa numbers over a period of time, then EB2 I, EB3 I all move together.
Arun thanks for sharing the news & congrats to your cousins friend, may well be one of the cases of successfully porting PD.
I think your friends cousin got the card by mistake, that does not mean that it will see a significant moment for EB3 I. The only possibility is if USICIS wants to recapture the unused visa numbers over a period of time, then EB2 I, EB3 I all move together.
Arun thanks for sharing the news & congrats to your cousins friend, may well be one of the cases of successfully porting PD.
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H1B-GC
08-15 09:30 AM
Seeing Sep 2008 bulletin I felt happy:). I presume in October 2008 bulletin the EB2 India/china Priority dates go back. But its a mild retrogression for a short span of time. After that the dates start catching up current again. EB2 India becoming current is inevitable.
We need a legilation change for any considerable movement in EB3 India. I am presuming in the next two years there will be considerable changes in EB category immigration which directly relief EB3 India.
mpadapa has given almost exact count on EB limit for 2008.
http://immigrationvoice.org/forum/showpost.php?p=265989&postcount=90
The Earliest Time the Dates for EB2 "might" move up again would be the February Visa Bulletin'09 as USCIS and DOS would Need atleast the 1st Quarter Data(Oct- Dec) to see the Visa Demand for the ROW Category in order for the Horizontal Spillover to India/China.
Do you Agree Mr.Rao?
We need a legilation change for any considerable movement in EB3 India. I am presuming in the next two years there will be considerable changes in EB category immigration which directly relief EB3 India.
mpadapa has given almost exact count on EB limit for 2008.
http://immigrationvoice.org/forum/showpost.php?p=265989&postcount=90
The Earliest Time the Dates for EB2 "might" move up again would be the February Visa Bulletin'09 as USCIS and DOS would Need atleast the 1st Quarter Data(Oct- Dec) to see the Visa Demand for the ROW Category in order for the Horizontal Spillover to India/China.
Do you Agree Mr.Rao?
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krish2005
01-16 06:18 PM
http://www.murthy.com/news/n_repatt.html dated March 2006
I discussed the matter of the Consular section requiring end-user client (http://immigrationvoice.org/forum/#) letters. Many H1B employers and employees, as well as several AILA attorneys, have approached me as well as the Murthy Law Firm, inquiring about this. The matter deals with the fairly recent requests for letters from supervisors of the end-user clients. These requests require the end users to outline the nature of the job to be performed by the H1B visa candidate, provide details of where the candidate will work, the length of the project, and the need for a specific H1B employee by name and other details. Unfortunately, most end-user clients are not willing to comply with such an onerous request. The very reason for the end-user client to hire an outside consulting company is to minimize the burden of administrative or HR responsibilities. Moreover, the law does not require such detailed letters for the issuance of H1B visas.
�MurthyDotCom
I respectfully summarized the position of many of you, our clients or those using candidates who apply for the H1B visa at Chennai, as follows.
End-user clients generally will not issue letters to the consulate, as they do not wish to get involved with the H1B process. The very nature of the employment relationship, when hiring through consulting companies, is to avoid or minimize the work related to hiring candidates.
Employers who sign the H1B documents do so under penalty of perjury and must pay the required prevailing wage, irrespective of whether they have assignments for the H1B candidates. The employer may decide to send the candidate back to his/her home country if enough assignments cannot be found.
Legacy INS (now USCIS) raised many similar issues, in the early- to mid-1990s, regarding the length and nature of the projects in the U.S., timetable of assignments, and the H1B employer�s ability to pay the required prevailing wage. Senior Legacy INS officials from headquarters in Washington DC addressed the concerns of those examiners by pointing out that the law does not permit them to investigate a U.S. employer�s ability to hire H1B employees. The USCIS is bound by memos and policy guidance of the Legacy INS. After that memo, Legacy INS stopped issuing lengthy RFEs on these matters.
The law does not require any such letters by end-user clients for the issuance of the H1B visas to the visa applicants.
Delays in the issuance of H1B visas cause many of the employers considerable financial (http://immigrationvoice.org/forum/#) loss and postpone the implementation of projects. This results in the additional loss of revenues and credibility with their clients, due to their inability to produce in a timely fashion the required specialty-worker candidates.
Thanks for the post. Is there such a requirement when there is a renewal of H1B ?
I discussed the matter of the Consular section requiring end-user client (http://immigrationvoice.org/forum/#) letters. Many H1B employers and employees, as well as several AILA attorneys, have approached me as well as the Murthy Law Firm, inquiring about this. The matter deals with the fairly recent requests for letters from supervisors of the end-user clients. These requests require the end users to outline the nature of the job to be performed by the H1B visa candidate, provide details of where the candidate will work, the length of the project, and the need for a specific H1B employee by name and other details. Unfortunately, most end-user clients are not willing to comply with such an onerous request. The very reason for the end-user client to hire an outside consulting company is to minimize the burden of administrative or HR responsibilities. Moreover, the law does not require such detailed letters for the issuance of H1B visas.
�MurthyDotCom
I respectfully summarized the position of many of you, our clients or those using candidates who apply for the H1B visa at Chennai, as follows.
End-user clients generally will not issue letters to the consulate, as they do not wish to get involved with the H1B process. The very nature of the employment relationship, when hiring through consulting companies, is to avoid or minimize the work related to hiring candidates.
Employers who sign the H1B documents do so under penalty of perjury and must pay the required prevailing wage, irrespective of whether they have assignments for the H1B candidates. The employer may decide to send the candidate back to his/her home country if enough assignments cannot be found.
Legacy INS (now USCIS) raised many similar issues, in the early- to mid-1990s, regarding the length and nature of the projects in the U.S., timetable of assignments, and the H1B employer�s ability to pay the required prevailing wage. Senior Legacy INS officials from headquarters in Washington DC addressed the concerns of those examiners by pointing out that the law does not permit them to investigate a U.S. employer�s ability to hire H1B employees. The USCIS is bound by memos and policy guidance of the Legacy INS. After that memo, Legacy INS stopped issuing lengthy RFEs on these matters.
The law does not require any such letters by end-user clients for the issuance of the H1B visas to the visa applicants.
Delays in the issuance of H1B visas cause many of the employers considerable financial (http://immigrationvoice.org/forum/#) loss and postpone the implementation of projects. This results in the additional loss of revenues and credibility with their clients, due to their inability to produce in a timely fashion the required specialty-worker candidates.
Thanks for the post. Is there such a requirement when there is a renewal of H1B ?
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ganguteli
04-02 12:08 PM
Why I don't like Congress..
There is no use of good academic record if you are a shameless chaprasi.
What do you have to say about all well educated and intelligent bureaucrat IAS, IPS etc..
There is no use of good academic record if you are a shameless chaprasi.
What do you have to say about all well educated and intelligent bureaucrat IAS, IPS etc..
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ilikekilo
07-10 11:32 AM
Wish you the very best byeusa......
I might be moving to Canada next summer if there is no progress in my case here...My PD is Nov 2003 EB-3...I got my Canadian PR in May 2005 and I have until May 2008 to move.....So keeping my fingers crossed..I too work for a Canadian company in US.....Wish you good luck...
how long did it take you get your canadian PR adn when did u apply? please share
I might be moving to Canada next summer if there is no progress in my case here...My PD is Nov 2003 EB-3...I got my Canadian PR in May 2005 and I have until May 2008 to move.....So keeping my fingers crossed..I too work for a Canadian company in US.....Wish you good luck...
how long did it take you get your canadian PR adn when did u apply? please share
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WaitingUnlimited
02-12 12:02 PM
http://travel.state.gov/visa/frvi/bulletin/bulletin_3953.html
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bigboy007
06-13 12:35 PM
One things for sure, we cant clear all the problems EB Community is facing in one shot. Agreed that EB Visa recapture will help temporarily but that helps a lot , Still the movement should go on either on country cap or something that would eliminate backlog. But one thing for sure if we keep debating that we need all in one shot its not going to happen. One can keep complaining that i am ahead of many of others but think analytically, we dont enjoy a great support either in house or senate, getting a simple legislation or getting our cause on CIR is itself a big thing here.
Outsourcing is going to happen or not its a different story. US has shifted 99% of it manufacturing jobs, if all admin , it jobs are going to go away where does the money come from to run this country ? Eitherways it is going to happen more in recession, but how is that going to effect our outlook in this discussion ?
Outsourcing is going to happen or not its a different story. US has shifted 99% of it manufacturing jobs, if all admin , it jobs are going to go away where does the money come from to run this country ? Eitherways it is going to happen more in recession, but how is that going to effect our outlook in this discussion ?
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PlainSpeak
01-13 12:44 PM
I think you should start EB3India.org (not affiliated to IV) similar to EB3Chinese.org
There is an old chinese saying
Be careful what you wish for it just might come true
There is an old chinese saying
Be careful what you wish for it just might come true
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mallu
02-16 01:50 AM
......
When a category becomes "Unavailable" it means that the entire annual supply for that category has been used up for that fiscal year (which ends Sept 2008). Given the degree of the EB-3 ROW retrogression, I very very much doubt there will be ANY spillover from ROW to India. At present, DOS plans to move EB-2 India only if EB-1 India has excess visas. The quota for for EB-1 India is 2803 (including dependents) in any fiscal year. So let us consider some scenarios -- say half the EB-1 India are available, so 1401 are given to EB-2 India -- do I think there are 1401 EB-2 India applicants with dependents ahead of me -- average family size of 2.2 means approx 636 applicants? Yep! No doubt about it! Hell I'm sure that there are 2803 EB-2 India applicants ahead of me.
....
Suppose the admin fix to recapture 'lost' visas is a success. How many will India Eb2 get out of that ? May be 5000 ?
One really needs to know the number of India Eb2 applicants pending in each year ( of PD ) . If it iturns out , say , there are 25000 I-485 applications with PD up to year 2002, then ?!
Will a USCIS customer service rep be able to help us with this question :
"Sir/Madam how many India EB2 applicants are waiting , with PD earlier than mine ? " .
When a category becomes "Unavailable" it means that the entire annual supply for that category has been used up for that fiscal year (which ends Sept 2008). Given the degree of the EB-3 ROW retrogression, I very very much doubt there will be ANY spillover from ROW to India. At present, DOS plans to move EB-2 India only if EB-1 India has excess visas. The quota for for EB-1 India is 2803 (including dependents) in any fiscal year. So let us consider some scenarios -- say half the EB-1 India are available, so 1401 are given to EB-2 India -- do I think there are 1401 EB-2 India applicants with dependents ahead of me -- average family size of 2.2 means approx 636 applicants? Yep! No doubt about it! Hell I'm sure that there are 2803 EB-2 India applicants ahead of me.
....
Suppose the admin fix to recapture 'lost' visas is a success. How many will India Eb2 get out of that ? May be 5000 ?
One really needs to know the number of India Eb2 applicants pending in each year ( of PD ) . If it iturns out , say , there are 25000 I-485 applications with PD up to year 2002, then ?!
Will a USCIS customer service rep be able to help us with this question :
"Sir/Madam how many India EB2 applicants are waiting , with PD earlier than mine ? " .
raysaikat
07-16 09:03 PM
This whole thread is speculation, your basic assumption itself is wrong. The horizonal spill over is not a permanent policy or trend which will be practised. You should read the INA law clearly. But if this speculation makes you happy, enjoy! :)
It is a "permanent" policy. There was no change in the law. USCIS was interpreting the law incorrectly. Now they have corrected themselves with the congressional input. This will not change.
There could of course be a new law and then things might change.
It is a "permanent" policy. There was no change in the law. USCIS was interpreting the law incorrectly. Now they have corrected themselves with the congressional input. This will not change.
There could of course be a new law and then things might change.
Life2Live
01-15 02:56 PM
This rule will be disaster for my life, it is leaving me no option other than to go home if H1B not get extended. I have been here in US for last 7 years and own a house, I do have Kids US citizens. I am getting my H1b extenstion year by year since my labour is approved and I-140 is pending.
It looks like I should stop making mortgage payments immediately and be prepare to go back this year.
It looks like I should stop making mortgage payments immediately and be prepare to go back this year.
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