pkak
07-13 11:45 AM
They have no reason to pull the dates back. Most 2004, 2005, part 2006 people got to apply during the july07 fiasco. In the past, they have pulled the dates back if new applications flooded in when they pushed the dates up.
USCIS will process in the following order now
1. Pull out cases based on PD, review then approve/deny/RFE
2. While waiting for RFE, process the next based on PD
3. IF the RFE response window is outside of this fiscal, they will re-allocate the visa number to another approvable case.
They will manage to process about 20k cases approving as many as possible by Sep30th2008.
Therefore, only those with pending RFEs will be delayed into next year.
USCIS is not all that inefficient or incompetent, not sure about DOS (to be fair, the Visa Office seems to have got its act together in the recent months)
Where the visa numbers in Oct'08 will be will depend on how proactive IV is.
Here is my take on the situation.
DOS said that they used up 80% of EB numbers in first 3 quarters of Fiscal year '08, that leaves 28K (20% of 140K) visas available for last quarter of Fiscal year '08.
Since higher priority categories are already current, this means that most of these visas have to be used by EB2 India/China.
Hence DOS made it an option for USCIS to issue another 25K visas to EB2 India/China.
See my analysis:
I agree
--------------------------------------------------------------------------------
Quote:
Originally Posted by justAnotherFile
i believe the argument that this sudden jump was made to help eb2 china is pure hogwash.
Scanning the FLC database, 5978 Indian Labor applicants with Level III/IV wage rates benefit with this jump, vs 761 Labor applicants from China.
Assuming one labor approval generates 2.5 AOS applications, and dividing the total AOS applications by 2 (attrition, I-140 denials, EB3 cases etc), approx 15K Indians benefit, vs <2K people from China.
Add to this 04/01/2004-03/27/2005 Indian applicants whose labor cases were adjudicated by Backlog Centers (approx 6000 Level III/IV applications , assuming same ball-park as 5853 similar India applicants certified in Fiscal year 2006), approx 7.5K more Indian�s will benefit.)
If USCIS uses these 25K visas, then in Oct'08, they get the first quarter allocation for Fiscal year '09, and my calculation shows that EB2 India/China will move to atleast Jul 1, 06 (based on 627 India/China Level III/IV labor approvals forthat period).
If USCIS lets the 25K visas to go waste, then in Oct'08, PDs will move back to mid 04.
USCIS will process in the following order now
1. Pull out cases based on PD, review then approve/deny/RFE
2. While waiting for RFE, process the next based on PD
3. IF the RFE response window is outside of this fiscal, they will re-allocate the visa number to another approvable case.
They will manage to process about 20k cases approving as many as possible by Sep30th2008.
Therefore, only those with pending RFEs will be delayed into next year.
USCIS is not all that inefficient or incompetent, not sure about DOS (to be fair, the Visa Office seems to have got its act together in the recent months)
Where the visa numbers in Oct'08 will be will depend on how proactive IV is.
Here is my take on the situation.
DOS said that they used up 80% of EB numbers in first 3 quarters of Fiscal year '08, that leaves 28K (20% of 140K) visas available for last quarter of Fiscal year '08.
Since higher priority categories are already current, this means that most of these visas have to be used by EB2 India/China.
Hence DOS made it an option for USCIS to issue another 25K visas to EB2 India/China.
See my analysis:
I agree
--------------------------------------------------------------------------------
Quote:
Originally Posted by justAnotherFile
i believe the argument that this sudden jump was made to help eb2 china is pure hogwash.
Scanning the FLC database, 5978 Indian Labor applicants with Level III/IV wage rates benefit with this jump, vs 761 Labor applicants from China.
Assuming one labor approval generates 2.5 AOS applications, and dividing the total AOS applications by 2 (attrition, I-140 denials, EB3 cases etc), approx 15K Indians benefit, vs <2K people from China.
Add to this 04/01/2004-03/27/2005 Indian applicants whose labor cases were adjudicated by Backlog Centers (approx 6000 Level III/IV applications , assuming same ball-park as 5853 similar India applicants certified in Fiscal year 2006), approx 7.5K more Indian�s will benefit.)
If USCIS uses these 25K visas, then in Oct'08, they get the first quarter allocation for Fiscal year '09, and my calculation shows that EB2 India/China will move to atleast Jul 1, 06 (based on 627 India/China Level III/IV labor approvals forthat period).
If USCIS lets the 25K visas to go waste, then in Oct'08, PDs will move back to mid 04.
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varshadas
12-12 02:34 PM
C'mmon guys. No one seems to be responding in this thread. Lets do something.
ashkam
07-28 12:31 PM
Pray, how is displaying Ganesha on a beer bottle akin to opposing Hinduism?
And if that's so, isn't having a beer genre called "India Pale Ale" akin to opposing Indians?
Getting offended has turned into a national pastime. Get a hobby instead, will you?
And if that's so, isn't having a beer genre called "India Pale Ale" akin to opposing Indians?
Getting offended has turned into a national pastime. Get a hobby instead, will you?
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soumeeram
03-09 12:16 PM
http://travel.state.gov/visa/frvi/bulletin/bulletin_4438.html
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lazycis
12-21 06:14 PM
This is from Murthy chat.
Question: If in the past I have been out of H1B status for 6 months (I-94 not expired), is this going to hurt my GC (or any new petitions to change / extend / adjust status)?
Answer: A person who fails to maintain status for over 180 days may have a problem obtaining the approval of the I-485, which allows a maximum of 180 days for one to be out of status under Section 245(k) of the INA, unless the person is covered under 245(i) of the INA. Sometimes, though, the fault of the employer in not paying the salary while the person is considered an employee may not pose a problem but at other times it may pose a problem. Not having pay stubs will certainly adversely impact the ability to obtain an extension or change of status from the USCIS. Jun-20-2005.
:mad::mad::mad::mad::mad::mad::mad::mad:
If you did not work because your H1-B petitioning employer did not provide a work for you, that's not your fault. Employer should be penalized for it, not you.
Also, read 8 USC 1255(k)
(k) Inapplicability of certain provisions for certain employment-based immigrants
An alien who is eligible to receive an immigrant visa under paragraph (1), (2), or (3) of section 1153 (b) of this title (or, in the case of an alien who is an immigrant described in section 1101 (a)(27)(C) of this title, under section 1153 (b)(4) of this title) may adjust status pursuant to subsection (a) of this section and notwithstanding subsection (c)(2), (c)(7), and (c)(8) of this section, if�
(1) the alien, on the date of filing an application for adjustment of status, is present in the United States pursuant to a lawful admission;
(2) the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days�
(A) failed to maintain, continuously, a lawful status;
(B) engaged in unauthorized employment; or
(C) otherwise violated the terms and conditions of the alien�s admission.
Translation: if you did not violate status after your last entry before filing I-485, you are good to go. Have a happy holidays! :D
Question: If in the past I have been out of H1B status for 6 months (I-94 not expired), is this going to hurt my GC (or any new petitions to change / extend / adjust status)?
Answer: A person who fails to maintain status for over 180 days may have a problem obtaining the approval of the I-485, which allows a maximum of 180 days for one to be out of status under Section 245(k) of the INA, unless the person is covered under 245(i) of the INA. Sometimes, though, the fault of the employer in not paying the salary while the person is considered an employee may not pose a problem but at other times it may pose a problem. Not having pay stubs will certainly adversely impact the ability to obtain an extension or change of status from the USCIS. Jun-20-2005.
:mad::mad::mad::mad::mad::mad::mad::mad:
If you did not work because your H1-B petitioning employer did not provide a work for you, that's not your fault. Employer should be penalized for it, not you.
Also, read 8 USC 1255(k)
(k) Inapplicability of certain provisions for certain employment-based immigrants
An alien who is eligible to receive an immigrant visa under paragraph (1), (2), or (3) of section 1153 (b) of this title (or, in the case of an alien who is an immigrant described in section 1101 (a)(27)(C) of this title, under section 1153 (b)(4) of this title) may adjust status pursuant to subsection (a) of this section and notwithstanding subsection (c)(2), (c)(7), and (c)(8) of this section, if�
(1) the alien, on the date of filing an application for adjustment of status, is present in the United States pursuant to a lawful admission;
(2) the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days�
(A) failed to maintain, continuously, a lawful status;
(B) engaged in unauthorized employment; or
(C) otherwise violated the terms and conditions of the alien�s admission.
Translation: if you did not violate status after your last entry before filing I-485, you are good to go. Have a happy holidays! :D
kumar1
12-11 12:05 PM
Agreed! But when you call your bank to send you a debit card, they send it in days if not in weeks....that shows a sign of inter-dependability and a sense of need for each other. Sort of...I need you, you need me. You do not have to file MTR if they don't send you a debit card within 10 days.
Compare that with US consulate and DOS VISA bulletin and GC process...
Everyone goes to Bank and do transactions , that doesn't mean that we only need Bank and Bank doesn't need us and our deposits.
Compare that with US consulate and DOS VISA bulletin and GC process...
Everyone goes to Bank and do transactions , that doesn't mean that we only need Bank and Bank doesn't need us and our deposits.
more...
Almond
07-05 01:50 PM
1) Moderators have the ability to delete stuff and the rest of the IV members need to smart up and not answer off-topic questions
2) About PMs. It is up to the receiver of the PM whether to answer it or not. EVEN better NO PM for non paid members :)
Oh, you are just mean now!:p
I think there should be a big a** button on the top of this screen that says "donations for immigration causes" or whatever and those who feel they can afford to do it will do it, otherwise making paid membership a requirement will severely cut down on the number of people coming on here. Makes no difference to me, there is tons of forums like this online. This is my favorite so far though.
2) About PMs. It is up to the receiver of the PM whether to answer it or not. EVEN better NO PM for non paid members :)
Oh, you are just mean now!:p
I think there should be a big a** button on the top of this screen that says "donations for immigration causes" or whatever and those who feel they can afford to do it will do it, otherwise making paid membership a requirement will severely cut down on the number of people coming on here. Makes no difference to me, there is tons of forums like this online. This is my favorite so far though.
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varshadas
02-05 08:02 PM
I can accomodate one more at the most. Three people are enough. More than that is a crowd. Hemal and the one other person who can make it, please go through the slide put up under Resources-> Meet the lawmakers drive. We have to prepare before we meet the Congressmen.
Things to do before we meet the Congressmen:
1> Research on Congressmen on his community efforts.
2> Read the slides.
3> Have a meeting between us to discuss what and how we are going to present the material to him.
Hemal, please distribute the flyers to as many people as possible and in whatever locations you can. I will send you an updated copy soon.
Thanks,
Varsha
Things to do before we meet the Congressmen:
1> Research on Congressmen on his community efforts.
2> Read the slides.
3> Have a meeting between us to discuss what and how we are going to present the material to him.
Hemal, please distribute the flyers to as many people as possible and in whatever locations you can. I will send you an updated copy soon.
Thanks,
Varsha
more...
pappu
02-08 10:48 PM
Please note that IV does not endorse this effort. We strongly advice people against being part of it for several strategic reasons. We do acknowledge that this is part of IV stated agenda and you are not going against IV in principle. But by creating a splinter group and meeting key lawmakers with whom we have worked for more than 2 years on this issue, your effort may prove to be detrimental to our hard work.
Without going into details on this open forum, We have taken pains to develop relationships with key lawmakers to help on this issue and we seek strategic advice from our counsel and work under a strategy. By simply going forward to promote a 2 line bill your effort will not compliment IV effort. We wish it was that easy but the reality is very different. Do not assume that key lawmakers do not know this particular issue. Please wait for the right time when it is suitable to push this agenda when there is pro-immigration agenda on the table and IV will guide you for it on how to proceed. At this moment we expect the community to be united against such anti-foreign workers amendments rather than going to different directions. We have information that much more maybe planned against foreign workers in the times to come. IV is working on protecting the interests of our community members and we want everyone to be united.
If you want to get active, the best option right now is to spread the word about IV and get every foreign worker under IV umbrella.
If someone has any further questions or doubts, they can directly contact us.
Without going into details on this open forum, We have taken pains to develop relationships with key lawmakers to help on this issue and we seek strategic advice from our counsel and work under a strategy. By simply going forward to promote a 2 line bill your effort will not compliment IV effort. We wish it was that easy but the reality is very different. Do not assume that key lawmakers do not know this particular issue. Please wait for the right time when it is suitable to push this agenda when there is pro-immigration agenda on the table and IV will guide you for it on how to proceed. At this moment we expect the community to be united against such anti-foreign workers amendments rather than going to different directions. We have information that much more maybe planned against foreign workers in the times to come. IV is working on protecting the interests of our community members and we want everyone to be united.
If you want to get active, the best option right now is to spread the word about IV and get every foreign worker under IV umbrella.
If someone has any further questions or doubts, they can directly contact us.
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sundevil
06-12 02:58 PM
If people think that after CIR fails, we will have a better chance of getting favorable provisions with some other Bill or on coat tails of appropriation bills, it could be a risky gamble.
However, looking at the mood of Senate there is a very good chance that post-CIR we might be thrown a curve ball with some hard line H1B restrictions and fee increases extracted from almost passed CIR. So opposing CIR due to H1 alone is not the best strategy.
CIR is on the table because there are lot of interests driving its existence. If Compete America and us(IV) cannot drive in a small amendment into a popular bill like this, it would be a big blow. Is there enough bite in the coalition to create our own bill or fight an anti-H1 wave out there? That's up for judgement.
My point is, please do not assume H1B status quo will stay that way even if CIR fails. Like someone pointed out in these forums, big Corporations might enlist these anti-consulting restrictions/fee increases and use as compromise to increase H1 numbers(even post CIR).
And we thought life was tough now, imagine paying 10K for every H1 extension and not being able to consult and status quo on current GC system still place. Thats a hair raising thought for me.
However, looking at the mood of Senate there is a very good chance that post-CIR we might be thrown a curve ball with some hard line H1B restrictions and fee increases extracted from almost passed CIR. So opposing CIR due to H1 alone is not the best strategy.
CIR is on the table because there are lot of interests driving its existence. If Compete America and us(IV) cannot drive in a small amendment into a popular bill like this, it would be a big blow. Is there enough bite in the coalition to create our own bill or fight an anti-H1 wave out there? That's up for judgement.
My point is, please do not assume H1B status quo will stay that way even if CIR fails. Like someone pointed out in these forums, big Corporations might enlist these anti-consulting restrictions/fee increases and use as compromise to increase H1 numbers(even post CIR).
And we thought life was tough now, imagine paying 10K for every H1 extension and not being able to consult and status quo on current GC system still place. Thats a hair raising thought for me.
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Winner
04-07 10:45 AM
it is good to hear from Pappu that IV is ready to take up this issue ...but till someone comes foward ..can IV focus on other issues like recapture, removal of country limits etc (there is no shortage of issues where focus is needed)
------------------
no comments from anyone regarding the above ?
You keep posting the same thing over and over again. I remember some questions some of the members asked you and I guess you conveniently ignored it.
Let me remind you those questions.
1) Why did you not contribute to the funding drive?
2) If IV core team agrees to work on everything you want, what are you willing to do? What will be your contribution in terms of time, effort and money?
If you have a plan where we can make something happen, please make a detailed document on how you are planning to achieve the objectives and send it to info@immigrationvoice.com. If you plan makes any sense, I'm sure core will be happy to work with you.
------------------
no comments from anyone regarding the above ?
You keep posting the same thing over and over again. I remember some questions some of the members asked you and I guess you conveniently ignored it.
Let me remind you those questions.
1) Why did you not contribute to the funding drive?
2) If IV core team agrees to work on everything you want, what are you willing to do? What will be your contribution in terms of time, effort and money?
If you have a plan where we can make something happen, please make a detailed document on how you are planning to achieve the objectives and send it to info@immigrationvoice.com. If you plan makes any sense, I'm sure core will be happy to work with you.
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kumar1
12-11 11:15 AM
Kavita - I absolutely disagree with you. All of us (people on L-1, F-1, J-1, H1, B1, K1 and their derivatives....) went to US consulate to request for VISA. US consulate never came to your door with a VISA. Yes, it is your privilege to file GC but it is not your right. You can shower yourself with tags like "highly skilled" and what not but truth is, if we are so highly skilled then why are we having so many issues with Green Card? Why no one in this country is listening to us? They listened to bank's issues and came up with 750 Billion dollars in 2 flipping weeks. They have almost granted 15 Billion to auto industry. Meanwhile, we, self proclaimed highly skilled are fighting to have driver's license in DMV offices. And above all, when someone on H1 and L1 gets laid off, what is the problem in packing up the bag and going back to home country? It is us...you and me, who love to live in this country, we fight tooth and nail to live here, somehow, anyhow, at any cost!
The way I look at it, we are here because this country provides us a very good quality of life and we see bright future for our family. After 5-10 years, we get so used to America that it hurts to even think that we are still on a temporary VISA.
Please attack my thought, do not attack me or my self esteem!
I absolutely agree with you. I can't imagine how a person of Indian or Chinese origin can blame themselves of this retrogression. To me, it is a reflection of poor self esteem.
The bottomline is that we are here because we are needed here. We have the privilege to apply for green card in return for the work we do. Country quota does not make sense in employment based immigration. It is an unfair practice which has to stop someday.
The way I look at it, we are here because this country provides us a very good quality of life and we see bright future for our family. After 5-10 years, we get so used to America that it hurts to even think that we are still on a temporary VISA.
Please attack my thought, do not attack me or my self esteem!
I absolutely agree with you. I can't imagine how a person of Indian or Chinese origin can blame themselves of this retrogression. To me, it is a reflection of poor self esteem.
The bottomline is that we are here because we are needed here. We have the privilege to apply for green card in return for the work we do. Country quota does not make sense in employment based immigration. It is an unfair practice which has to stop someday.
more...
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javadeveloper
12-11 12:33 PM
Agreed! But when you call your bank to send you a debit card, they send it in days if not in weeks....that shows a sign of inter-dependability and a sense of need for each other. Sort of...I need you, you need me. You do not have to file MTR if they don't send you a debit card within 10 days.
Compare that with US consulate and DOS VISA bulletin and GC process...
Agreed
Compare that with US consulate and DOS VISA bulletin and GC process...
Agreed
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satyasrd
09-09 02:10 PM
Almost everyone I know these days applies in the EB2 category. If the gates open and EB2 is made current, I think it's in the best interest for EB3 to pack their bags and go home.
Just my 2 cents
Just my 2 cents
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HV000
03-18 09:54 PM
Common Guys. Let's focus on the topic of this thread...
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sk2006
05-26 11:39 PM
I am sure they will ask for passport if you only have the I-94. Now if I am required to carry my passport all the time that becomes a real pain particularly if we are on H1/L1 and present for quite a long time.
I 94 issued at POE must be attached to the passport all the times!
I 94 issued at POE must be attached to the passport all the times!
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GCard_Dream
12-13 10:06 AM
I am all for making contribution as well as sending faxes or personal letters. Count me in.
No responses yet ...Oh come on guys ...YOU want to pay $10 now or want to wait for 10 years to get your GREEN CARD ???
No responses yet ...Oh come on guys ...YOU want to pay $10 now or want to wait for 10 years to get your GREEN CARD ???
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joydiptac
02-19 02:22 PM
Guys, this looks good. It is NOT for illegal aliens. Paragraphs (c) and (d) state that the alien must be admissible as an immigrant (i.e. not have broken the law by being an illegal), read paragraph (d) here:
"(d) Security and Law Enforcement Clearances- The alien, if over 15 years of age, shall submit fingerprints in accordance with procedures established by the Secretary of Homeland Security. Such fingerprints shall be submitted to relevant Federal agencies to be checked against existing databases for information relating to criminal, national security, or other law enforcement actions that would render the alien ineligible for adjustment of status under this section. The Secretary of Homeland Security shall provide a process for challenging the accuracy of matches that result in a finding of ineligibility for adjustment of status."
Read the "or other law enforcement actions that would render the alien ineligible for adjustment of status under this section"....so, anyone who broke the law by entering the country illegally would NOT be eligible.
So, stop sending those letters opposing this bill, and instead let's support it!!
Totally agree with you. All opposed are not getting the point that they do not stand to loose either way. Hope they come to their senses. Anyhow if nothing happens they will be waiting way more than 5 years. This can only reduce the backlogs. Think with a clear mind. You might have a fast car but you can't go fast if the freeway is clogged. THink!
"(d) Security and Law Enforcement Clearances- The alien, if over 15 years of age, shall submit fingerprints in accordance with procedures established by the Secretary of Homeland Security. Such fingerprints shall be submitted to relevant Federal agencies to be checked against existing databases for information relating to criminal, national security, or other law enforcement actions that would render the alien ineligible for adjustment of status under this section. The Secretary of Homeland Security shall provide a process for challenging the accuracy of matches that result in a finding of ineligibility for adjustment of status."
Read the "or other law enforcement actions that would render the alien ineligible for adjustment of status under this section"....so, anyone who broke the law by entering the country illegally would NOT be eligible.
So, stop sending those letters opposing this bill, and instead let's support it!!
Totally agree with you. All opposed are not getting the point that they do not stand to loose either way. Hope they come to their senses. Anyhow if nothing happens they will be waiting way more than 5 years. This can only reduce the backlogs. Think with a clear mind. You might have a fast car but you can't go fast if the freeway is clogged. THink!
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.soulty
03-09 08:00 PM
just enter whatever you have on the date and then fix it up after.. no drama, you can always use this piece for a portfolio or something and you can showcase it later.
NKR
03-16 09:25 PM
i just don't see what the fuss is about. people from india usually waited 5-6 years for a GC historically, and it's about the same, give or take one year, even now. so i don't see why 4 years of wait after i-485 is being made out to be such a big deal only NOW.......????
It's like asking Martin Luther King a few decades ago "Slavery has been there for centuries, why do you need equality now?". Your tone is exactly like that. It's just an analogy, we have definitely not suffered as much, but I am just trying to tell you that a wrong should not be prolonged, it needs to be corrected.
It's like asking Martin Luther King a few decades ago "Slavery has been there for centuries, why do you need equality now?". Your tone is exactly like that. It's just an analogy, we have definitely not suffered as much, but I am just trying to tell you that a wrong should not be prolonged, it needs to be corrected.
deepimpact
09-11 03:12 PM
Check with latest Inventory data - 05/2010
Also - where can i get the demand data you are referring to ??
Demand data:
http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf
Also - where can i get the demand data you are referring to ??
Demand data:
http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf
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