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  • alterego
    06-08 07:09 PM
    Nobody should get red for expressing their thought!! So if at all I give you some, it would be only green!

    coming to your point: Even in the thread you referenced to, I have posted a comment "Mr. Oppenheim's statements do not add up...his statements logically contradict each other (well you can not expect LOGIC from USCIS). and so the exact scenario will only be clarified with VB, date movements and finally, their year end statistics".
    Accordingly, moving the EB2 I and C together, they have proven that "they are getting ready to spill over". Moreover, EB2 China has used up "its own quota" and will need spill over to move. EB2 ROW on the other had has not used up "its own quota" and will not need spill over (as it is current and not together with India and china). So any spill over from EB1 will come to EB2 India and China (effectively only to India). And if EB2 ROW does not use up their remaining numbers (which they have not so far) during the rest of fiscal year they will also spill to EB2 India.


    Agree with your logic. However, if there is anything about the USCIS/State Dep't we have learnt over the last 2 yrs, they and their rules/logic is inconsistent at best and idiotic at worst. When someone picks and chooses which guidelines they follow at different times, and interpret the rules in such a haphazard manner, predicting anything in this regard is about as accurate as predicting the weather on the day I get my green card.





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  • nixstor
    03-18 06:53 PM
    Now for the rest of this year the EB2 queues for China and India are merged. Visa allocations will be solely based on Priority date. So for example if India has many priority dates that are before China's, India may end up getting more visa allocations. The same holds true if China has earlier priority dates than India does. That's how I inderstood it and I thought I would try to explain it to some who did not. Otherwise sorry for stating the obvious.

    Read the Sec 202 a 5 I posted in 1st page and corresponding links. It clearly says that the left over visa numbers under each category in every Q can be assigned with out country limits. Is there any one who is reading it other wise (or) Is there any text in the bill I am possibly missing?





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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.





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  • uma001
    10-01 09:58 AM
    I work at one of these companies & they applied for my GC.

    1. This company only applies only after you get certain level of ranking in your year-end appraisal - disclosed during hiring process
    2. You must complete x years of service.
    3. Right now, economy is down & they won't apply if they feel that Labor application is going to get rejected; as it hurts their reputation & process.

    I know one person in my company - whom company denied GC 'cos of Labor market but now they are starting the process of the person..(once law firm gave the green light)

    So just saying - these companies don't apply - is not right.

    Also, once everything is ok - you need to realize that sponsoring GC is approved by your manager as all the associated costs are allocated to his/her cost center; so company as such doesn't have issue with the cost.

    Dont trust these kind of companies. if you don't get good rating in appraisal , you will be laid off .



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  • vbkris77
    04-10 12:28 PM
    What you said is absolutely true. EB1 Last year and the year before saw lot more approvals than usual. My reasoning is that even though EB1 was current for all along, they never really approved I140s to give them GC. So In the overall clearing of I140s, CIS cleared lot more EB1 cases and became approved during last 2 years. If you look at the I140 completion in the dash board, it will be very much clear that the completions came down to 4 digits for each month from 5 digits. Receipts continued to be less than 5K per month.

    This year, we may see a big dip in EB1 cases and larger EB2 spillover. EB4 spillover is ruled out after this bulletin.


    Here are the details for last year and years before:

    (Thanks to user "sangiano" on : link: FY2009 Visa Data, Spillover to EB2 - Will it be Similar FY2010 (http://www..com/usa-discussion-forums/i485-eb/498198953/fy2009-visa-data-spillover-to-eb2-will-it-be-similar-fy2010))

    Employment Visas 2009

    Total Employment Visas for FY2009 = 141,020

    Theoretical values without spillover

    EB1 28.6% = 40,332
    EB2 28.6% = 40,332
    EB3 28.6% = 40,332
    EB4 7.1% = 10,012
    EB5 7.1% = 10,012

    Actual values with spillover

    EB1 40,978 = 29.1% received c.650 spillup visa used
    EB2 46,034 = 32.6% received c.5,700 spillover visas used
    EB3 39,791 = 28.2% received c.550 less visas than quota
    EB4 9,999 = 7.1% Zero spillup visas to give
    EB5 4,218 = 3.0% c. 5,800 spillup visas to give

    What is noteworthy is the fact that spillup/spillover visas were only available from EB5.

    In addition, EB1 actually consumed spillup visas and did not contribute any spillover visas as a result.

    This implies that the total spillover visas available to the 7% limited countries was only c.7,500. Since 5,800 came from EB5, less 650 used by EB1, this gives a subtotal of 5,150. In turn, this implies that there were only 7,500 - 5,150 = 2,350 as spillover from EB2-ROW. In the worst case the difference is entirely from EB5.

    I think it gives food for thought and shows the difficulty of trying to second guess visa consumption in Categories that are always current. I accept it might be easier to get a handle on non-NIW EB2 because of the PERM data available for ROW.

    I'm not sure why FY2010 would be much different, at least for EB1 spillover.

    Additional notes from subsequent posts:


    There was significant spillover in FY2007 because (based on 154,497 total EB visas) :

    EB1 only used 26,806 out of a possible 44,186 available visas.
    EB4 only used 4,794 out of a possible 10,969 available visas.
    EB5 only used 793 out of a possible 10,969 available visas.

    That gives a potential spillover of 33,731 visas to categories below EB1. In FY2007 that mostly went vertically to EB3.

    There was significant spillover in FY2008 because (based on 162,949 total EB visas) :

    EB1 only used 36,590 out of a possible 46,603 available visas.
    EB4 only used 7,648 out of a possible 11,569 available visas.
    EB5 only used 1,443 out of a possible 11,569 available visas.

    That gives a potential spillover of 24,060 visas to categories below EB1. In FY2008 that all went to EB2.

    The amount *was* smaller in FY2009 because (based on 141,020 total EB visas)

    EB1 used 40,978 which was more than the available visas of 40,332 (i.e. it used some of the spillup from EB4/EB5).
    EB4 used 9,999 out of a possible 10,012 available visas. (i.e it pretty much maxed out)
    EB5 only used 4,218 out of a possible 10,012 available visas. (i.e. much higher than previous years)

    That gives a potential spillover to EB2 of 5,161 visas, which is substantially lower than previous years.

    This is all his analysis based entirely on historic data (no predictions here; just what has already happened). All credit of analysis goes to him. I never crunched a single number; I am just an "integrater" of the info. Please also note that now we have found out that the word "spillover" should actually be "fall across and down"

    Hope this was the info you were asking for.





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  • GCStatus
    09-17 09:15 PM
    Goldman Sachs is next. Then WaMu + there will be bank runs. It doesn't look good. We will probably see car makers in line. Home builders will be next. Dell, HP is laying off. We are totally sc----d. We have no hope of GC. We will be lucky to hold on to our jobs.:(

    Oh my God, i am screwed, end of the world, life sucks, dont know what to do, i am crying, i am bleeding, screaming, God, superpower help meeeee, save meeee

    Get a life dude, you werent born thinking america



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  • tikka
    07-25 09:40 AM
    WHEN: Wednesday �AUGUST 1st
    LOCATION- 48th and Park Avenue
    TIME: 7 pm

    CT FOLKS- Grand Central is a few blocks away. Naveen handle on IV (tnite)will be coming from CT so please send him a PM.

    NJ/NYC: Take E, V to 5th avenue and 53rd street and then you have to walk a few blocks!


    Let's meet up and get to know each other. It would be great if you can make it!!


    ALSO- PLEASE DO UPDATE YOUR CONTACT INFORMATION

    Thank you and enjoy the week!





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  • mp70
    01-18 10:12 AM
    I have been visiting this forum for a while now. I appreciate all the efforts being done by the Core team. I just signed for $20/- recurring contribution through paypal.

    MP70



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  • SunnySurya
    07-14 08:51 PM
    Thakur to gayo... (A Dialogue from hindi movie Karan Arjun)
    but the good news is , since your I-140 was approved, your PD is locked and you may be able to use AC21
    I filed for 485 during July 2007. My 140 was already approved. Due to some problems I quit my employer in August 2007. My previous employer was a desi blood sucker. I was fed up & decided to quit after working for him for 3 years. I applied for H1 transfer with a new employer based on approved 140. I got H1 approval for another 3 years. Currently I am working for the new H1 sponsoring employer. I also received an EAD card based on pending 485 for one year. I didnt notify USICS of job change in July.

    I applied for EAD extension this year. The application for EAD extension is pending. I got a following RFE on my 485:
    Please state whether or not you are currently working for your I-140 petitioner.
    You must submit a currently dated letter from you permanent employer, describing your present job duties & position in the organization, your proferred position (if different from your current one), the date you began employement & the offered salary & wage. The letter must also indicate whether the terms & conditions of your employement based visa petition (or labor certification) continue to exist.

    I am not in good terms with my previous employer so I cant ask him for a letter. I can ask my new employer for such a letter.
    Will USCIS come to know I quite Employer A before completing 180 days?
    Also is it possible that 140 was revoked by my previous employer?
    What document should I send to USCIS now?





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  • Sunx_2004
    07-15 01:53 PM
    I agree, Don't waste single minute and consult attorney if you haven'nt done so..
    Good luck

    ajthakur,

    U r covered under AC-21 if I-140 is not revoked by your previous employer.

    Be truthful to USCIS and using a very good attorney firm drat AC-21 and Employment verification letter to USCIS. Since your PD is current chances are after reviewing the new employment letter USCIS might approve your case.

    Please dont waste time in on this forum, instead spend some money to consult Rajeev Khanna or Sheela Murthy, it is worth spending every penny on the advice and their services for invoking AC-21.

    Per your RFE notice it looks like, USCIS is only interested in verifying your current employment in the similar profession. good employment verification letter and AC-21 draft is good to save your GC.

    RFE might have triggered due to previous H1B transfer, it has nothing to do with your employer revoking I-140. Trust me lot of desi consulting companies dont want to take any "Panga" with USCIS and 99% of the time they just ignore employees leaving them. So dont worry, dial in Murthy or Khanna consulting services and see what's their take on your case. If you are getting any help from new Employer's attorney that will be free of cost to you.

    Bottomline you need a competent attorney for answering this RFE and invoking AC-21.



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  • anurakt
    12-26 09:01 AM
    I agree with this, we should also crate a section in craiglist for our area and put it....It's free and people do look at the postings....

    Craiglist is one of the best websites for local promotions.


    ??





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  • grinch
    02-13 11:13 AM
    Uh no,
    this is what the rules are, sorry man.



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  • praveenat11
    09-24 12:48 PM
    Hi,
    I m in the process of filing for I-485
    The problem is that i have my Date Of Birth Certificate in Telugu.
    For filing of I-485 i need it in English so what is the solution for my problem.
    I need to file my I-485 within 2 to 3 days.





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  • Jaani
    07-03 01:29 PM
    Contributed $100.

    Order Details - Jul 3, 2007 10:34 AM PDT
    Google Order #222021463879830



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  • NKR
    02-17 09:05 AM
    2006 census


    Total population of India,china, mexico and Philipines = about 40 % of world population

    India - 17% of world Population
    China- 20% of world population
    Mexico- 1.7
    Phillipines-1.3 %
    ------------
    Ttl 40 % of world population.

    so theres a reason behind this quota. Its not divide and rule.

    Excluding US (4.3) , ICMP Still comprise of 35.7 % of world total

    I do not think that quota system is because these countries are most populous. It is because more number of people from those countries come here. I am sure countries like Indonesia and Russia are more populous than Phillipines.





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  • manderson
    12-11 02:42 PM
    reply from a previous thread:
    http://immigrationvoice.org/forum/showthread.php?t=2424&highlight=file+current (http://immigrationvoice.org/forum/showthread.php?t=2424&highlight=file+current)

    The core team has alrady addressed this issue before : try doing a search. The summary goes something like this - First, EAD cards cannot be given out arbitrarily. Apparently, the law mandates very specific circumstances for which an work authorization (EAD) can be given out : for example, a student on OPT. We wouldn't meet this criteria before a visa number is available for adjustment of status to permanent resident - not unless the law is changed by congress. Secondly, EAD, as it stands now, is meant to be a strictly interim permit. The USCIS ombudsman's report has already objected strongly to the phenomenon of people who are ultimately found ineligible for permanent residence enjoying the benefits of an EAD for extended periods due to processing delays. In such circumstances, it is not realistic to expect that USCIS, on its own accord, will start doling out EADs like seasons' greetings cards.



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  • arsh007
    02-13 10:27 AM
    First off, you are looking for a bodyshop. A consulting shop. You would be the consultant if you are hired they would be the consulting firm.

    There is a website called http://www.desicrunch.com/ (Desi Crunch) that as reviews of most of Indian Consulting shops. Reviews are posted by individuals themselves so they would be reliable.

    Other than that you can look on Immigrationportal.com and search the name of the firm you are planning to join to check if there are any bad reviews.

    You have to be prepared to handle your job as a consultant and your job in handling your employer. There would be struggle every step of the way. Basics like giving paperwork tied to Immigration like H1, 140, labor is a big task. Mostly they dont want to share even xerox copies so that it becomes almost impossible for you to either switch jobs or retain priority dates. Expect to work at a much lower rate than what you would get as a permenant employee directly working for an American company. Expect to move across the country every few months from project to project, unless you are really really in demand and can get projects in city for longer times. Do not expect moving expenses. You are on your own. Whenever you quit, expect to miss your last 1 or 2 paychecks. They will come up with some excuse not to pay you. If you quit and if there is any bad blood between you and your employer, do not expect any letter of experience that you can use for future EB2 or EB3 Greencard petitions. They wont give you that. If they hire the Immigration lawyer, you will most likely never talk to the lawyer directly. It will be thru your employer only. And information will be presented to you in a way that makes you feel in bad shape and more dependent on the employer. "Your labor is in trouble". "there is an inquiry on your H1, 140". "Lawyer needs another 5,000 to respond to your inquiry or RFE which we would be more than happy to deduct from your paycheck".

    If you want to go thru all this, then yes, desi consulting firms would work for you.

    Granted that most desi companies follow the business practices described above. However there are some who are really professional, incorporate good business practices and ethics. However not every job or company is perfect. For example consider the following:

    1. Large US American Consulting companies (the so called direct vendors) treat you well, have less project travel, pay you on time, provide good benefits and have good business processes. However when the market goes south and you end up with no project for a prolonged period of time then a layoff is imminent. You loose the time invested in GC processing with the company and have to start from scratch. On the contrary a desi company is aware of the immigration dependencies and limitations of H1 holders and firing or layoff of an employee is the last item on their last.

    2. US Direct employer is pretty much the same as the direct vendors.

    The best option would be to check with friends and networking contacts about a particular desi company before joining. Another suggestion would be to research sites like www.desicrunch.com for additional information.





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  • go_getter007
    05-29 03:08 AM
    You are in *their* country so you have to follow *their* laws. If you don't like it, you have two choices - suck it up OR get out of there.

    GG_007


    While on the way back from White Mountains in NH, our car was stopped on I-93 south by the US border patrol. They were stopping every single vehicle to question. They had over a dozen Govt vehicles with 40-50 people in uniform. My buddy was driving.
    Officer : Sir what is your status in the US ?
    Buddy: I am on L1 visa
    I: H1B
    buddy's wife: L2
    my wife: H4
    officer: is anyone US citizen ?
    I: my son is (he was sitting in the car seat)

    Officer: (to my buddy) Is your visa still valid ?
    Buddy: yes
    officer: do you have documents to prove your status?
    buddy: i have some papers in my bag which in the the trunk
    officer: can you show me?
    (buddy got out showed him tax papers and answered some questions)
    officer: did they not tell you you are supposed to carry your papers while travelling?
    buddy: I came over a year ago so i don't remember
    officer: I am letting you go, but i could have fined you $2000; $500 for each pasenger with no papers.

    I was so pissed off by this experience, clearly they are doing this to harrase immigrants. theoratically even if I am going for a walk i am supposed to carry immigration papers because a border patrol officer, in theory, could asks me for my papers ?

    http://www.foxnews.com/projects/pdf/immigration_Border_flyer.pdf

    I have decided that if anyone ask me such a stupid question again inside the US and i am just going to remain silent even if that means they detain me for some time.





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  • onemorecame
    09-17 01:49 PM
    I am still waiting called 800 number they said wait for 15 days from the day RFE issued?
    I am in touch with my attorney.. not sure what going on... :confused:





    kondur_007
    04-09 06:22 PM
    This is an "Ouch..." visa bulletin.

    Dont want to be passimistic or discourage anyone; I have always been optimistic and will remain so...

    However, this suggests that there will not be any fall down (previously called spillover) from EB4 and may not even be much from EB5 (Last year this was the major factor that gave 10k additional numbers to EB2 India). Lookes like people are finding alternate ways (who can) by these routes.

    EB1 used up all its numbers last year and we dont know what will happen this year.

    EB2 ROW usage looks low, but then again no movement in EB2 India...

    Patience and persistence....

    Good Luck to all of us.





    mundada
    09-28 02:59 PM
    Jaime - you nailed it. People must concentrate on what they have to do. I started this thread for gettting a general perspective, because I seen articles about Blue Card and my dad also told me to look into it.

    This thread has been very informative. Let folks keep blogging their prespectives
    Good point Jaime... currency strengthening has nothing to do with general career opportunities in that particular country. In short term it is because of interest rate differentials and in long run it is because of multiple factors primarily being inflation and trade balance. Therefore moving to Europe or India (best performing Asian currency this year) because of appreciating local currency does not mean anything as far as your career opportunities are concerned.

    By the time you are settled in Europe (5-10 years), the currency rates may reverse because US would have started exporting more goods to Europe as US goods would be getting cheaper. Euro and dollar zones are mature market based currencies so we can say something about them.

    However, same is not true for India largely because of intervention of RBI. However, look at Japanese currency, over 3 decades it has risen from 600 yen to 115 yen even after intervention of Japanese central bank. This is because of strength of exports from Japan. So it is possible that INR may end up somewhere near Rs. 8-15 if we go by PPP or somewhere in between depending upon trade balance and inflation. However recent reports suggest that Rs. 32-35 is breaking point and Indian software exports will become costlier than simply offshoring to Arkansas or Illinois. Therefore, most likely Indian govt. will step in and avoid dollar free fall against rupee.



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