prav27
04-01 08:07 PM
both fax sent
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kaisersose
06-05 02:36 PM
Guys,
It seems every few weeks this discussion of VB predictions come up. Now neither Ron Gotcher nor Murthy nor Matthew Oh (or for that matter even God i think ;) ) can predict what the USCIS cut off dates will be. What is the point in debating whether Ron Gotcher is right or wrong? This is the United States, there is freedom of speech and anyone can say anything especially if it is just a prediction. We can assume a million things here, as to what the VB date should be, but will it be that? No one except the USCIS/DOS can actually confirm that.
Not even CIS, only DOS can make a meaningfule prediction. Last year, CIS had no idea that DOS would make all categories current in the July bulletin. If CIS had any control over that, it would have never happened.
If I remember correctly last year, some 14000 visas were given to India EB3. EB3 includes categories like Nurses, etc. We cannot expect them to login to and keep their status up to date. hence, numbers prove nothing.
It seems every few weeks this discussion of VB predictions come up. Now neither Ron Gotcher nor Murthy nor Matthew Oh (or for that matter even God i think ;) ) can predict what the USCIS cut off dates will be. What is the point in debating whether Ron Gotcher is right or wrong? This is the United States, there is freedom of speech and anyone can say anything especially if it is just a prediction. We can assume a million things here, as to what the VB date should be, but will it be that? No one except the USCIS/DOS can actually confirm that.
Not even CIS, only DOS can make a meaningfule prediction. Last year, CIS had no idea that DOS would make all categories current in the July bulletin. If CIS had any control over that, it would have never happened.
If I remember correctly last year, some 14000 visas were given to India EB3. EB3 includes categories like Nurses, etc. We cannot expect them to login to and keep their status up to date. hence, numbers prove nothing.
SK2007
10-12 10:46 AM
My labor was filed on July 2004 and I have not received an approval yet.
I got an RFE last week stating that Employeer has to again prove the RIR status of the application.
So Lawyer has started the advertisement process again.
I am in similar situation, My PD is AUG04, EB2(Traditional), stuck at PBEC, I got an RFE saying they have only the first page of the application. My lawyer just sent all the paper work. I am currently on my 10th year on H1B. Lost my first LC to sep 11 and since then stuck with PBEC. I guess these things happen thats all. I am hopeing they will start I-140 premium process again.
I got an RFE last week stating that Employeer has to again prove the RIR status of the application.
So Lawyer has started the advertisement process again.
I am in similar situation, My PD is AUG04, EB2(Traditional), stuck at PBEC, I got an RFE saying they have only the first page of the application. My lawyer just sent all the paper work. I am currently on my 10th year on H1B. Lost my first LC to sep 11 and since then stuck with PBEC. I guess these things happen thats all. I am hopeing they will start I-140 premium process again.
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kevinkris
04-09 01:35 PM
http://i.cmpnet.com/informationweek/1179/H-1B_Approvals_for_initial_benefits_by_employers_FY0 7.xls
See this complete article.
http://www.informationweek.com/news/showArticle.jhtml?articleID=207001329&pgno=1&queryText=
So my estimate is there are around
50 to 60k consulting companies in whole USA.
Thanks,
Kris
I don't think consulting firms are alone to be blamed.
Lets say there are around 1000 consulting firms it the worst case there may be around 1500 firms which have a capacity to apply 15 H1B each.
still the number would come around 15000 to 30000 but the big 4 companies in India got 20,000 H1B last year, which means they might have applied around 45000 to 55,000 applications
my numbers may be bit off but i think Big 4 companies from India are doing more damage then consulting firms in US.
See this complete article.
http://www.informationweek.com/news/showArticle.jhtml?articleID=207001329&pgno=1&queryText=
So my estimate is there are around
50 to 60k consulting companies in whole USA.
Thanks,
Kris
I don't think consulting firms are alone to be blamed.
Lets say there are around 1000 consulting firms it the worst case there may be around 1500 firms which have a capacity to apply 15 H1B each.
still the number would come around 15000 to 30000 but the big 4 companies in India got 20,000 H1B last year, which means they might have applied around 45000 to 55,000 applications
my numbers may be bit off but i think Big 4 companies from India are doing more damage then consulting firms in US.
more...
vkrishn
11-21 11:14 PM
@Kaushal and digitial 2K. Please let me know what i can do. I am in the 16th district and her office is not too far from my place.
guy03062
04-12 12:19 PM
I totally agree with bkarnik.
I read somewhere long time back that allowing to file EAD/AP (while visa not available or after I-140 is approved) is USCIS policy issue, not by law. Immigration lawyers may know this but this is absolutely opposite to their interest - they may wish people continue filing H-1 multiple times!!
So instead of using our own logic/interpretation, we should contact USCIS in this regard! In any case, we do not have to loose anything! In worst case, we will be at the point where we are now. If it really works then it would give real temp relief to lots of people until immigration law passes (when??).
Werc:
Thanks for your post. However, as per my original post, could you indicate the section where in the INA does it mention when employment authorization can be given? In fact, the first line in the in the paper in the link included by Bee in his post, clearly mentions that "...nowhere in the statutes or regulations, is there a reference to a work permit" (i.e. an EAD as clarified later in the document).
As you mention later in your post, yes it is hard to get something from USCIS, but should we shy away from something just because it is hard? Also, as the same document (posted by BEE) mentions, the reasons for issuing an EAD are varied.
But let us take the specific case you mentioned, a student can work up to 12 months after his graduation. This time frame is provided for multiple reasons, the main one being to give the student to find employment in his related field of education and for the employer to evaluate him and process his adjustment of status. Without the EAD, the student would have to find employment and adjust his status within 2 months or be out of status. BUT the EAD also provides the student the choice of changing employers without losing his status.
Now, coming to the issue of EAD after I-140 or after I-485...By submitting the I-140 the employer is not only asking the USCIS to approve the need (as certified by the DOL) of a alien as a permanent worker, the employer is also providing the USCIS with particulars of the alien who will be hired. Therefore, by approving the I-140, the USCIS is not only approving the need of the employer, it is also approving the alien for the job. This is also supported by the fact that the USCIS allows concurrent filing of I-140 and I-485 if the priority date is current for that particular country/category. Hence, an EAD after I-140 not only allows the employer to hire an alien already in the company, it also allows the alien who might be working for an employer other than the one which applied for the I-140 to switch jobs, without worrying about being out-of-status, if he is very close to finishing his 6years on an H1B. For an alien who is outside the country when his I-140 is approved (very rare case, but possible), he can enter the US on an H1B sponsored by the petitioning employer and then apply for an EAD for himself and his dependents while waiting for the visa number to be available and file his I-485. BUT the EAD also gives the alien the chance to find another willing employer within 6 months for similar job descriptions and within the same geographic area without being out of status and preserve the priority date rather than worry about losing his status if something unfortunate happens to the petitioning employer (ENRON, MCI, etc.)
Whether, this will be successful or not is another question. But unless you try you can never be sure. Before 1969, a man on the moon was an impossibility but it happened :) Changing the law is the NEED of the day and we should be pursuing it to the full extent of our capabilities for LONG term relief. But, asking the agencies who interpret the existing laws and apply them to reconsider will not and should not in any way hamper our efforts in this. Rather this is something that is a SHORT term relief that in no way goes against the word of the law or against the intent of Congress when it passed the law.
Well, since this has been an long post, I will call it my 4 cents.:D Thoughts, comments and brickbats are, as usual, welcome.
I read somewhere long time back that allowing to file EAD/AP (while visa not available or after I-140 is approved) is USCIS policy issue, not by law. Immigration lawyers may know this but this is absolutely opposite to their interest - they may wish people continue filing H-1 multiple times!!
So instead of using our own logic/interpretation, we should contact USCIS in this regard! In any case, we do not have to loose anything! In worst case, we will be at the point where we are now. If it really works then it would give real temp relief to lots of people until immigration law passes (when??).
Werc:
Thanks for your post. However, as per my original post, could you indicate the section where in the INA does it mention when employment authorization can be given? In fact, the first line in the in the paper in the link included by Bee in his post, clearly mentions that "...nowhere in the statutes or regulations, is there a reference to a work permit" (i.e. an EAD as clarified later in the document).
As you mention later in your post, yes it is hard to get something from USCIS, but should we shy away from something just because it is hard? Also, as the same document (posted by BEE) mentions, the reasons for issuing an EAD are varied.
But let us take the specific case you mentioned, a student can work up to 12 months after his graduation. This time frame is provided for multiple reasons, the main one being to give the student to find employment in his related field of education and for the employer to evaluate him and process his adjustment of status. Without the EAD, the student would have to find employment and adjust his status within 2 months or be out of status. BUT the EAD also provides the student the choice of changing employers without losing his status.
Now, coming to the issue of EAD after I-140 or after I-485...By submitting the I-140 the employer is not only asking the USCIS to approve the need (as certified by the DOL) of a alien as a permanent worker, the employer is also providing the USCIS with particulars of the alien who will be hired. Therefore, by approving the I-140, the USCIS is not only approving the need of the employer, it is also approving the alien for the job. This is also supported by the fact that the USCIS allows concurrent filing of I-140 and I-485 if the priority date is current for that particular country/category. Hence, an EAD after I-140 not only allows the employer to hire an alien already in the company, it also allows the alien who might be working for an employer other than the one which applied for the I-140 to switch jobs, without worrying about being out-of-status, if he is very close to finishing his 6years on an H1B. For an alien who is outside the country when his I-140 is approved (very rare case, but possible), he can enter the US on an H1B sponsored by the petitioning employer and then apply for an EAD for himself and his dependents while waiting for the visa number to be available and file his I-485. BUT the EAD also gives the alien the chance to find another willing employer within 6 months for similar job descriptions and within the same geographic area without being out of status and preserve the priority date rather than worry about losing his status if something unfortunate happens to the petitioning employer (ENRON, MCI, etc.)
Whether, this will be successful or not is another question. But unless you try you can never be sure. Before 1969, a man on the moon was an impossibility but it happened :) Changing the law is the NEED of the day and we should be pursuing it to the full extent of our capabilities for LONG term relief. But, asking the agencies who interpret the existing laws and apply them to reconsider will not and should not in any way hamper our efforts in this. Rather this is something that is a SHORT term relief that in no way goes against the word of the law or against the intent of Congress when it passed the law.
Well, since this has been an long post, I will call it my 4 cents.:D Thoughts, comments and brickbats are, as usual, welcome.
more...
bestia
01-26 10:30 PM
Here it is
http://www.news.com/2100-1017-255994.html
Yeap, that's what I was talking about. Thanks.
...
Looking back, I should've sued the company because it did not pay me full salary for the first month while I was on the "bench" (searching for a contract). ...
lol, back than (speaking about myself - can't speak for everybody) I was naive. It is now we grew big teeth and became half-lawyers :)
http://www.news.com/2100-1017-255994.html
Yeap, that's what I was talking about. Thanks.
...
Looking back, I should've sued the company because it did not pay me full salary for the first month while I was on the "bench" (searching for a contract). ...
lol, back than (speaking about myself - can't speak for everybody) I was naive. It is now we grew big teeth and became half-lawyers :)
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newuser
03-22 08:34 PM
Anyone interested in meeting the lawmakers around Philadelphia, please respond or send a PM..
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NKR
02-12 09:42 AM
I think we need to have a thread to report the name of such companies...
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milind70
08-23 02:54 PM
Just Thought
There is 200k application without 140 approval, this is including july filers.
there is lot of chnace for those who got their I-140 approved, even their PD '2006.
you can see people getting approved PD'2005 EB2 cases, even then VB says now 2004'apr for EB2.They are not processing based on PD now and in future also i gues.Since we have already filed.PD will restrict only to File I-485 in future.
I think EB2-jan2007 and EB3-Aprl2005 in October VB
- satish
This is not correct . Approval is only when your PD is current. People who got approval for PD 2005 EB2 cases were actually approved in July .Thier approval date is July 2007 when then the VB was current. VB is not just for filing,earlier in 2004 some people were approved when thier PD dates were not current, their approvals were cancelled. Part of the reason why July VB was made current so approvals made during that time who be as per as the VB. I had a friend who recieved notification that his GC was approved but his approval date is in July on the notice but he recieved it in Aug when his PD was not current.
There is 200k application without 140 approval, this is including july filers.
there is lot of chnace for those who got their I-140 approved, even their PD '2006.
you can see people getting approved PD'2005 EB2 cases, even then VB says now 2004'apr for EB2.They are not processing based on PD now and in future also i gues.Since we have already filed.PD will restrict only to File I-485 in future.
I think EB2-jan2007 and EB3-Aprl2005 in October VB
- satish
This is not correct . Approval is only when your PD is current. People who got approval for PD 2005 EB2 cases were actually approved in July .Thier approval date is July 2007 when then the VB was current. VB is not just for filing,earlier in 2004 some people were approved when thier PD dates were not current, their approvals were cancelled. Part of the reason why July VB was made current so approvals made during that time who be as per as the VB. I had a friend who recieved notification that his GC was approved but his approval date is in July on the notice but he recieved it in Aug when his PD was not current.
more...
CHRAMA
04-14 02:44 PM
My I-140 was denied incorrectly , as a result my I-485 was denied.
The USCIS is claiming that the I-140 Petition was filed without a certified PERM application. This is absolutely incorrect. The original certified PERM application was filed with the I-140 Petition. I have a photocopy of the original PERM application.
My lawyer filed MTR for both I140 and I485 6weeks ago.I received receipt notices for both I290B.
I was working on my H1B till last week, but was laid off last week and I am searching for job.No one is offering job on H1B.I send a letter to coressman explaining my situation.
Can I use my EAD?-----My Lawyer says my EAD is invalid.
The USCIS is claiming that the I-140 Petition was filed without a certified PERM application. This is absolutely incorrect. The original certified PERM application was filed with the I-140 Petition. I have a photocopy of the original PERM application.
My lawyer filed MTR for both I140 and I485 6weeks ago.I received receipt notices for both I290B.
I was working on my H1B till last week, but was laid off last week and I am searching for job.No one is offering job on H1B.I send a letter to coressman explaining my situation.
Can I use my EAD?-----My Lawyer says my EAD is invalid.
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dan19
04-13 10:08 AM
You mean which year the VB is coming :D
july which year...???:D
july which year...???:D
more...
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Omm
12-28 11:18 AM
This is my first post so forgive if I am not in the right place,
But I have situation where in I need your inputs to decide.
I am working at a clients place and they willing offer me a full time position.
My Labor is approved Oct 2007 and Filed for I-140 receipt pending.
In this situation should I change my job or should I wait for I 140 to be approved or wait till I apply for I 485 , but as you know the priority dates have retrogressed for EB2 and I heard that they will be unavailable shortly.
I always wanted to get a full time right from my Masters but ended up as a consultant as I had to get my H1 done.
Please Advice!
But I have situation where in I need your inputs to decide.
I am working at a clients place and they willing offer me a full time position.
My Labor is approved Oct 2007 and Filed for I-140 receipt pending.
In this situation should I change my job or should I wait for I 140 to be approved or wait till I apply for I 485 , but as you know the priority dates have retrogressed for EB2 and I heard that they will be unavailable shortly.
I always wanted to get a full time right from my Masters but ended up as a consultant as I had to get my H1 done.
Please Advice!
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girishvar
07-19 06:17 PM
1.Apply for new H1 petition(premium processing) for you before July 31.
2.On approval send the H1 papers to your wife so that she can get H4.
3. On her entry to USA apply for her I-485.
Then you can live happily together in america.
P.S: Even when you have used AC21, in hindsight you should have got H1B instead of using EAD.
2.On approval send the H1 papers to your wife so that she can get H4.
3. On her entry to USA apply for her I-485.
Then you can live happily together in america.
P.S: Even when you have used AC21, in hindsight you should have got H1B instead of using EAD.
more...
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plp039
10-02 01:35 PM
hi,
my lawyers filed for AOS (for my wife and me) on july 2nd in NSC. still dont have any reciepts/ead/ap etc. i have no idea why. my i-140 was approved in TSC. i was hoping that i'd get the reciepts since everyone seems to be getting them!
puzzled
plp
my lawyers filed for AOS (for my wife and me) on july 2nd in NSC. still dont have any reciepts/ead/ap etc. i have no idea why. my i-140 was approved in TSC. i was hoping that i'd get the reciepts since everyone seems to be getting them!
puzzled
plp
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vban2007
07-19 10:41 AM
Pls Change the ticket - Pls do not take risk of day... What if flight is delayed etc...
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logiclife
05-29 04:43 PM
For those who were waiting for lawyers to confirm our fears that those whose 140 was filed or to be filed after May 21 2007 will be forced to let go of their GC file and use the new points based merit system......you have lawyer's answer.
And the interpretation of IV core and lawyers is the same. THE INTRODUCTION DATE of the bill is the cut-off date for pending or approved 140s to be allowed under old system.
Actually their interpretation is that the intro date of bill was May 15th and not May 21 as IV core has stated previously.
http://www.ilw.com/articles/2007,0530-endelman.shtm
And the interpretation of IV core and lawyers is the same. THE INTRODUCTION DATE of the bill is the cut-off date for pending or approved 140s to be allowed under old system.
Actually their interpretation is that the intro date of bill was May 15th and not May 21 as IV core has stated previously.
http://www.ilw.com/articles/2007,0530-endelman.shtm
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GCHPLC
11-29 08:27 PM
Thank you harish. I read it. I hope it will work eventually.
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EkAurAaya
10-11 04:30 PM
Yes Sir. Unfortunate for labor not cleared in time.
EB3 RIR March 2005.
Off topic - Didn't PERM start in March 2005?
EB3 RIR March 2005.
Off topic - Didn't PERM start in March 2005?
belmontboy
05-18 04:29 PM
There are good and not so good schools here for MS /PhD. Either way why a seperate quota for US MS/PhD. Is a foreign MS/PHD any inferior?
Just a thought..
Especially IIT/IISc are not too bad schools in india!
nobody is comparing the schools over here with IIT/IISC.
There is a quota for masters in H1B.
There should be a similar quota in GC for masters.
Just a thought..
Especially IIT/IISc are not too bad schools in india!
nobody is comparing the schools over here with IIT/IISC.
There is a quota for masters in H1B.
There should be a similar quota in GC for masters.
eb3_nepa
02-21 09:15 AM
Go read the posts on the other website, and you will see how important it was to counter this guy's posts that were raising basic doubts about IV.
To have prompt responses is extremely important! If you brush aside negative comments from 'male buffalos' and not counter them - we will never be able to get them into action!
Anyway, however clumsy my efforts, I could not just sit and watch & not try to get doubts addressed.
Mercies there is a bit of a difference in getting ur doubts addressed and ur post. Once again i didnt mean any offence to you in particular, just was upset by the sheer length and attack in ur post.
To have prompt responses is extremely important! If you brush aside negative comments from 'male buffalos' and not counter them - we will never be able to get them into action!
Anyway, however clumsy my efforts, I could not just sit and watch & not try to get doubts addressed.
Mercies there is a bit of a difference in getting ur doubts addressed and ur post. Once again i didnt mean any offence to you in particular, just was upset by the sheer length and attack in ur post.
