referendum 2011

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  • walking_dude
    10-29 10:22 PM
    I'm surprised only 70 members are interested in accurate prediction of future VB movements, and orderly processing of 485 applications instead of the current random lottery!

    It would help lot of us make informed decisions if we were to know how many are in the queue and how long we have to wait.We can spend much of the wasted Tracking, VB prediction time with our families. Don't you think it's important? And that your time is too precious to be wasted over such pursuits?





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  • arihant
    04-27 09:59 AM
    Good find, Sat0207.

    Where did you get the information?





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  • kondur_007
    06-08 06:03 PM
    That "small change" of EB2 China PD is very important. It suggests that there is going to be "Spill over" so EB2 India and China will have to move together to use the unused numbers. A good sign; at least EB1 retrogression does not seem to be likely and there will be some spill over numbers to EB2 India (EB2 china may not benefit much as it had a PD later than that for the rest of the year.

    Scorpion: how can you say "no spill over". EB2ROW is current and so spill over is likely (more likely from EB1 and even to some extent from EB2 ROW)
    Moreover, EB2 ROW remained current meaning that they have not used all their quota; they will not use any spillover numbers and they may even provide spill over numbers to EB2 India and China.





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  • zuhail
    04-03 01:37 AM
    Hello there,
    Please contact me at fermion_boson@ymail.com if you are interested to take part in efforts to re-capture unused visa numbers for EB categories.
    Let's do this NOW.
    "To strive, to seek, to find, and not to yield" --Lord Tennyson in "Ulysses"



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  • BlueSunD
    02-27 12:12 AM
    Well this is what I�ve got so far, still a lot of things missing or to be fixed :)

    http://img.photobucket.com/albums/v55/BlueSunD/Maya/NeWmetro02.jpg

    Sorry if it looks kind of blurry, but it�s just a preview render :) I would love to see how every body else is doing........... well, great I guess, but I�m just so curious! :D





    referendum 2011. Advertise: No Nukes!
  • Advertise: No Nukes!



  • kk_kk
    06-10 04:53 PM
    Sent



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  • Canadian_Dream
    04-10 05:56 PM
    the fact that reform is needed does not mean this is the best way.
    and btw i wonder what happens to true consulting companies- BCG, Oracle etc whose business is to provide these services. They are not some abusive offshore operation....how is it fair to them? Seems a bit radical to me...not that i oppose the need for reform.

    My only point was: the way H1B was set-up there was too much leverage to the corporations. This led to abuse by them at your and my cost. End result was wage depression, Green Card Backlogs and now H1B crisis. No matter how you argue it, the abusers have been a clear winner as an end result. Look no further than mushrooming of recruiting companies, and growing profit margins of TCS, Infosys and Wipro.
    In the end the reform has to come, unfortunately it came again at our cost. I agree it is not the best way to reform it, because it isn't in the best interest of H1B holders, but I guess the intention here is to stop the abuse at any cost. The best way probably would have been making H1B independent of the employer but again me and you are not kept in mind when a law like this is being written. What happens to BCG, Oracle etc, perhaps law should provide a way to separate wheat from chaff. If you take a closer look at it, these corporations do provide consulting services but consultants are still "Permanent Employees" with a fix wages and benefits but body shoppers have a different model with unpaid bench period and what not. In fact you can find
    Permanent Residents and US Citizens wanting to work or working with BCG, Oracle etc, but you don't see that with bodyshoppers and that's why I guess the 50% US Citizen clause in the proposed law. Please don't confuse this with the notion that I support or oppose this law. I am just trying to argue that if off shoring companies (Infosys, TCS etc) with 90% H1B's and local body shopping firms 100% H1B are getting punished I have no sympathy for them. These are the same people who refuse to give people copy I-140 approval notice and file for 59 Green Cards out of 20,000 H1B's they bring.


    How about sending back all H1Bs ? If there is no cheap labor around , the salaries for all others (Citizens and GC holders) go up. I so want to see 250 an hour rates.
    Applying your logic , you should get a job in your home country if you are smart enough.
    You should first read the original post that I responded to understand the context. As far as wages are concerned it is because of these corporations that hourly rates however high look meager when H1B statistics are collected by DOL, because a large cut is added to profit margins. That's why opponents of H1B program can point finger and say prevailing wages are not market wages. Do you support this practice of making profit by eating away a huge chunk of your pay just because they sponsor H1B (a Green Card the retention benefit to continue doing this for atleast 3-4 years) ? If you are then you are doing it at your own peril.

    Check out some of the prevailing wages and see for yourself if these are real market wages:

    System Analyst in San Jose California $64K
    http://www.deloitte.com/dtt/cda/doc/content/032807_systmsanaly_sanfranciscoCA.pdf
    Consultant in San Francisco 55K
    http://www.deloitte.com/dtt/cda/doc/content/032807_taxconsII_sanjoseCA.pdf





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  • guy03062
    11-11 07:49 PM
    This is great find. I am not sure why IV leadership (as an advocacy group) is not pursuing this to USCIS leadership as they are in touch with them regularly for other issues. Are we missing something here?

    Under the regulation No reference to Calendar year. It mentions explicitly calendar quarter.

    Immigration and Nationality Act: Section ACT 202 - Numerical Limitation to any single foreign state under Sec. 202. [8 U.S.C. 1152]
    (3) Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.
    (5) 2/ RULES FOR EMPLOYMENT-BASED IMMIGRANTS
    (A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
    (B) LIMITING FALL ACROSS FOR CERTAIN COUNTRIES SUBJECT TO SUBSECTION (e)- In the case of a foreign state or dependent area to which subsection (e) applies, if the total number of visas issued under section 203(b) exceeds the maximum number of visas that may be made available to immigrants of the state or area under section 203(b)consistent with subsection (e) (determined without regard to this paragraph),in applying subsection (e) all visas shall be deemed to have been required for the classes of aliens specified in section 203(b).



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  • Imigrait
    01-30 02:39 PM
    It is my fault. I should have explained it better.

    The immigration laws are very confusion. Entry on AP is legal entry and it is ok, but it is not considered as lawful entry for I-485 approval process ONLY. For last lawful entry, USCIS looks for last entry on non-immigrant visa.

    Hope that helps.

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin

    I agree with the point above, but does this even apply to CrazyGhoda/OP? Because, he already has I485/AOS pending, which is a legal presence in the US in itself. Hence, I don't see him accruing any "out of status/illegal presence" days. He "MIGHT" have to show a future/current employer who is sponsoring his GC, depending on what his RFE asks for.

    Please comment.





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  • jfredr
    08-15 02:36 PM
    i think visa bulletin is history



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  • saatiish
    07-13 10:04 AM
    Dude! Just follow the upstream thread and you will find a .PDF document from finalgc
    you seem to be right - the doc does say that ! - you made my day - MORE SOUP FOR YOU !





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  • pappu
    12-26 03:41 PM
    6. If your visa is expired as mine is (btw a feb date has never opened up anywhere in India to date...i'm sick and tired and frustrated....getting an appt is a major hassle) the you better choose your airline carefully, the French embassy demands personal appearance (350 miles) for the 10 min it takes to issue a visa- which then lets me walk from one gate to another at De Gaulle.....
    So if you travel to India and change planes in Paris you need a transit visa!!
    What other countries do that and what countries allow without the visa? this information will be helpful.



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  • gandalf_gray
    05-28 07:36 PM
    Hi,
    I'm on L1B for Company A.
    My visa, Petition, I-94 are expiring this September.
    I was about to begin L1-B Extension.

    Now I got news from company B that my H1B petition has been selected in Lottery..
    (this is for COS from my L1B to H1B).

    Can I go ahead with L1B extension work ?
    I do not want to do this, if it will affect the H1 Petition approval.

    Please help. Thanks.:confused:

    Sorry, I think I posted in wrong place.

    I'm on L1B for Company A.
    My visa, Petition, I-94 are expiring this September.
    I was about to begin L1-B Extension.

    Now I got news from company B that my H1B petition has been selected in Lottery..
    (this is for COS from my L1B to H1B).

    Can I go ahead with L1B extension work ?
    I do not want to do this, if it will affect the H1 Petition approval.

    Please help. Thanks.





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  • cn0568
    07-23 12:09 PM
    Thanks for your replies.
    Following are the clarifications.
    1. Currently I have only the L1-A Visa stamped on my passport. Also I have the I-94 which is of L1-A Visa (I entered USA on L1-A Visa).
    2. I have received the receipt issued by the USCIS for the H1B and it is valid from Oct-07.
    Hope this helps.
    Please let me know if you require any additional information.



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  • gc_kaavaali
    12-21 09:22 PM
    I-94 is not attached with H1...does he needs to go out of country and get it stamped?

    AFAIK,a person can have only one status at a time.He is already in H1 if he had a I94 attached.However if he intends to travel out of the country and reenter he needs to get his visa stamped .If he has applied 485 then, he also has the option of using AP ,if it is approved.





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  • hpandey
    05-26 04:43 PM
    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.


    Yes I also saw this while going to NH this weekend. Crazy people I would say . Didn't seem logical to me seeing them blocking the whole highway. Maybe they were looking for someone or had a genuine reason for doing it in such a manner since stopping one or two happens all the time but they were really doing it to a lot of people.



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  • chmur
    02-21 10:18 PM
    I'd posted elsewhere about my Feb 13, 2008 conversation with the DOS official who sets cutoff dates:



    But his statement at the AILA meeting has been bothering me so I talked to him again today. Here is what he said -- that he is considering not only the EB-1 India excess, but the entire EB-1 worldwide excess being given to oversubscribed EB-2! I asked him about his earlier statement and he said that he had had a chance to look at the numbers and determine that unlike recent years EB-1 worldwide is not using numbers up at a rate that would max out EB-1 usage. BUT. He is waiting for USCIS to give him an estimate of the number of EB-2 India applications that would become eligible if he moves the cutoff dates up to 12/1/03, he will set the date ONLY after he gets that data and determines that there won't be too many within that cutoff date.

    I also asked him to confirm that he was relying on his interpretation of Section 202(a)(5) (http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=cb90c19a50729fb47fb0686648558 dbe) of the INA in order to proceed with this spillover. This is his current interpretation of that section -- spillover from EB-1 to EB-2 IF there appears to be a worldwide excess in EB-1, when there is no worldwide excess in EB-1 then country specific spillover for example, from EB-1 India to EB-2 India only etc. In past years like FY06, EB-1 ROW was looking maxed out, so barely any spillover from EB-1 to oversubscribed EB-2.

    is there not a better nuance way to divulge the details without revealing the source.

    What if someone at DOS creates problem for this gentlemen for discussing the PD's with you ahead .

    Please exercise caution





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  • realizeit
    10-17 03:25 PM
    This is a very important effort, I guess.

    I believe, this will help all of us to understand where we all stand. I will try to send this request as soon as possible.





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  • Desertfox
    12-10 07:06 PM
    Hi friends,
    I need your help!!!

    I'm here at California with L-2 visa. I can stay legally in US but i can not get a SSN number, i can work too.But For a driver license they ask for SSN. Do i still get the Driver License or no?


    Thank you very much...

    If you have valid L-2 status, you need to apply for your EAD (file I-765 with USCIS) to be able to work legally. Once your I-765 is approved, you will get your EAD card and you will have to take it to your local SSN office and apply for a SSN. Having your EAD (employment authorization) card allows you to apply for a SSN. Also no matter what, you will need a SSN to work legally.





    hopefulgc
    07-28 03:08 PM
    yawn...
    rolls over to the other side of bed...
    yawn again...
    turns over pillow to the cooler side...
    yawn again..
    dreams of this thread getting closed because it is absolutely worthless ... crap .. twas just a dream :D


    Yawn ...
    Adding to the rant ....

    This country's once celebrated Individual Freedom has gone to the dogs after 9/11 with many screwed up bills like Patriot Act , FISA. First Amendment will cover our ass only to an extent...

    my 2 cents .. if there is anything we all have to fight/wake up for then it is about individual freedom, not about religions/images/symbols/cartoons.





    BharatPremi
    03-17 03:18 PM
    But when that happens, I guess, guys in CP wil get their interview scheduled (as long as their PD is current; no RD date concept there) as the queue in CP is not as long. Correct?

    In general CP ones get out of this mess first always... I know you are CP one and you would be out well before the guy having same PD but stuck in AOS.



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