Thursday, June 23, 2011

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  • vin13
    05-13 10:35 AM
    I would go with the prediction in the Jan 2010 Visa Bulletin:

    WHAT ARE THE PROJECTIONS FOR CUT-OFF DATE MOVEMENT IN THE EMPLOYMENT PREFERENCES FOR THE REMAINDER OF FY-2010?
    Based on current indications of demand, the best case scenarios for cut-off dates which will be reached by the end of FY-2010 are as follows:
    Employment Second:
    China: July through October 2005................CHINA IS ALREADY AT NOV 2005...SO THIS HAS HAPPENED
    India: February through early March 2005.........ONE MONTH BEHIND HERE....NOT BAD WITH THE PREDICTION

    If Section 202(a)(5)were to apply:
    China and India: October through December 2005 ..................THIS IS THE SPILLOVER CHANCES FOR JULY-SEPT 2010....MOST LIKELY IT WILL CLOSE AT JAN 1, 2006

    I tend to agree with you. Projections by DOS seems to be closer to reality.
    I would stay conservative contrary to many other predictions.

    1) China moving to Nov 2005 is a good thing for India. This means India will get all the remaining fall-down/fall-across numbers until priority date reaches Nov 2005. After that both India and China will share and move the dates by a month or so. This should get India to Dec 2005 to Jan 2006.

    2) Many see the dates have not moved much for so many months. So they can be skeptical about the date movements in the last few months. The reason why i anticipate much larger movements in the final months is due to the fact that India gets about 3 times more visas through fall-across/fall-down than what is alloted for just India.

    2009 info
    Country cap for Eb-2 - aprox. 2800
    2009 India for Eb-2 was 10,116.
    fall-down/fall-across numbers 10,116 - 2800 = aprox. 7316

    So we can see that visa movement for India (Eb-2) is greatly influenced by the number of fall-down/fall-across which seem to happen mostly in the last quarter.





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  • coolvigo
    05-23 08:23 AM
    Let me be clear. my H1 is with a different employer than the future GC sponsor. I never worked for the GC sponsor and that is the reason wanting to get the H1 transferred to sponsoring company. As said I 140 approved and I 485 passed 180days.
    I was under the impression that you can switch over to H1 from EAD easily.

    if there is a gap of 40days will it be ok to file H1 transfer? assuming that I get the H1 approved. Will this gap any issue in 485 adjudication?

    Find a ABCD gal or American gal and kill your lonliness !





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  • d123
    10-04 11:16 AM
    Its true.. Unless you want to change Lawyer.





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  • dwhuser
    10-02 09:51 AM
    My boss recently changed and the work environment is not good anymore (never imagined this would happen), I am in a constant pressure and no job security. It's a shocker in a fulltime state job.

    We bought a house last year needless to say that the prices have fallen. We are now in a dazed state as we just realised we don't have any savings, whatever we had, we made bad choices - house, 2 cars (They looked good at that time though) and put about 10% on the house.

    We were planning on to invest all our savings in the house as we recently paid off our two cars and no other debts. But after reading some posts here on the housing and investment market. I am not sure if I want to put everything in the house, having my job at risk and no GC yet.

    Being a novice in fianancial matters, need advice.
    Appreciate your thoughts on this.



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  • pmb76
    07-15 02:21 PM
    These people are worse than any bad people. They dont deserve flowers.

    chandu, I agree with you. They definitely don't deserve flowers. They deserve a pile of **** - you know what. Although I did send flowers as per IV's directive I am not Gandhian. I think Gandhian philosophy only works in movies and books. Although this is very controversial and I might invite the wrath of many on this board - but hey I am entitled to my opinion :D - Peace





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  • hsingh82
    04-21 12:11 PM
    I would support this bill since it makes a lot of sense. I am not going to benefit from this since I have masters and not PhD but people who have sacrificed the lure of big money to live on campus with 2-3 roomies for almost 5 years in which time their friends who graduated are driving lexus and staying in 5 Br homes need some consolation prize. This is a great move for these students as well as the country.

    While I definitely support this bill, I fail to understand your logic here. They definitely are bright candidates but they did everything by choice for the personal and professional gain. They should be given GC because they are asset to this country not because they don't own lexus or 5 Br house which by the way tells a lot about other hardworking people who own them.



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  • MD_123
    04-10 12:39 PM
    Latina:

    I belive your second point is not entirely accurate. My understanding is with the hard quota, any EB-1 and EB-2 unused visas from ROW will flow down to EB-3 ROW which is also severely retrogressed. Only when EB-3 ROW becomes current will the unused visas go to unskilled workers. Therefore, the hard quota will benefit ROW mainly at the expense of India/China EB-1 and 2.

    IV team, if I'm wrong about this, please correct me.


    The request for the hard cap conversion to soft cap DOES NOT CANNIBALIZE non-Indians/non-Chinese. You are missing a key point here.

    What the hard cap does is that say for example in the EB2 category the Indians and Chinese use up their quota. On the other hand the rest of the world uses only 50% of their quota (about 10K EB2 visas leftover, just a guesstimate).

    1) With the soft quota, this leftover is given to the over subscribed countries in the SAME CATEGORY (Eb2). As a result, other EB2 candidates from India/China benefit

    2) With the hard quota, this 10K now goes to UNSKILLED immigrants.

    This amendment DOES NOT TAKE AWAY anything from the rest of the world at all! All it does is benefit SKILLED workers. Isn't IV about skilled workers? Why are some folks whose quota will NOT be CANNIBALIZED against this and consider this an issue of Indians/Chinese Vs Rest is beyond me. It is a matter of EB1 vs unskilled, EB2 vs unskilled and EB3 vs unskilled!

    Can I be any clearer?





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  • jthomas
    04-02 11:57 AM
    My H1b is going to expire on April 17th. I had found a new job and they had applied for my H transfer on March 27th. I would like to know

    1. How many days is required to get a H1b transfer receipt.

    2. What happens if my H1B expires before i get a receipt.

    3. Should i go on EAD or continue on H1B. My wife is a green card holder for last 3 years 6 months.

    PD Oct 2006
    I-140 Approved
    I- 485 July Completed 180 days.
    EAD and AP



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  • ramaonline
    01-25 12:37 PM
    I can create a spreadsheet on thinkfree.com or any other collaboration site with information about monthly or recurring contributions
    All those who have contributed please send me the details via private message so that this thread does not get swamped - I will work on it next weekend.





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  • nagu
    02-01 09:48 PM
    We applied for H1B transfer on Jan/02/09 (California Service Center - Premimum) and attached pay stub and employement offer letter. First time we did not attach any contract details.

    We got an RFE on Jan/09/09, Basically they wanted to know whether i am working on project currently. They are asking to submit contract agreements, client details (client letter - not sure it is must or not).

    There are 2 layers between client and my employer and could not get client letter. However, I can provide the following docs,

    1. Contract Agreement Between Employer and First Layer
    2. Contract Agreement Between First and Primary Vendor
    3. Letter from Primary Vendor (stating that i am working their client project).
    4. Primary Vendor Invoices to Client
    5. Time Sheet (Client approval)
    6. Access Card
    7. Work site Photo
    8. Copy of Client WO (end date is 11/21/2008) - client with PO amount and end date is doest not matter... (i am not sure how is uscis will take it).


    I could not able to client letter due to their policy. What do you guys think on this case approval. Any reply is highly appriciated..

    thanks



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  • lazycis
    04-25 09:16 PM
    ask lawyer to file MTR and resend response to RFE along with it. You should get a quick response (within 4-6 weeks). If MTR is denied, ask to file appeal, but sometimes it's better to change employer and start from scratch. Appeal can be a long process.





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  • willigetagc
    08-14 11:26 AM
    Dear IVans,
    Now that the SEP VB is out, what does this indicate in terms of
    - future VBs
    - visa availability in the coming months
    - awareness about visa wastage
    - dates becoming current for most EB categories
    - light at the end of tunnel for most of us
    - USCIS efficiencies

    Pls share your thoughts. Thanks!

    We will know for sure after Sep 30. If they don't waste any visas then it is a good sign.

    But if they do waste visas, inspite of all the leeway, requests, advise, whatever they have been given, then God help us.



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  • mundada
    06-25 01:40 PM
    Subject: 13 years to get a green card through legal route!

    Message:

    Dear Sir/Madam,

    I will need in total 13 years to get a green card, even though I am employed in high skill job!

    I applied for green card in July 2006 under employment based category 2 (EB2-India), which is only for the people employed in a high skill job. There are more than 25,000 people waiting in this category and the annual quota is only 3,000. At this rate, I may get visa after 10 years or 13 years in total!

    Furthermore, I am restricted by law to work in the same or similar job category till I get green card. So on one hand the category wants bright people but on the other hand it stops that bright person from advancing in the career for not 1 or 2 years but 13 years!

    How human is it to make a person and his family who has been in this country for last 10 years, paid taxes on time, has no criminal record, and employed in a very high skill job wait 13 years to get a green card so that can start a normal life?

    Thank you for reading.

    Best Regards.


    Notes:
    Mr. Charles Oppenheim of the Department of State Visa Office stated on June 10, 2009 that there are 25,000 EB2 India cases that are pre-adjudicated but are waiting for a visa number.





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  • hydboy77
    06-04 12:44 AM
    Congrats on getting your green card. Your post and attitude is the exact reason why DOL has made it almost impossible to get EB2 certification especially in the software field and why people despice consultants like you and your desi employer.

    You said in your post "Appiled for EB3 labor in jan 2004, even though i am qualified for EB2" dear sir its not your qualification that determines whether you get to file in eb2 or not but it is what the job requirements are that determine whether it is eb2 or eb3.

    Another line from your post "After realizing that the dates will never become current for EB3, my desi employer files for EB2 labor" this and the previous line clearly show that you and your desi employer have no respect for the law. It is because of blatant abuse like this that DOL is cracking down on eb2 filings. Now thanks to people like you and your desi employer who have abused the law now even eb2 india might never become current because tons of people have already ported and spillover to eb2 is not happenning anymore like previous years. People have realized even eb2 india is never going to move beyond 2003 so "consultants" like you and desi companies have moved on to abusing eb1. Seems like you are proud of your achievement just like the L1 folks from desi companies who brag about getting green card in less than an year by abusing L1.

    To all the people who think they can pull a trick like mr salawrene by filing in eb2 again hard luck there are 120000 485 applications from India with USCIS with eb3 and eb2 having about 60000 each, because of abuse in Eb1 no more spillover of visa numbers to eb2 india wil occur so eb2 india will not move forward, on top of it dol is cracking down on eb2 filings. eb2 India might start moving backward to 2003 or 2002 and will remain stagnant like eb3 because no visa spillover is happenning.

    because of desi consultants and desi employers abusing the system the whole EB community is suffering, high time we respected the law and stop this practise. for speaking the bitter reality if eb2 and eb1 abusers, consultants, desi employers want to give me a red go ahead and do it, but ask yourself have I said anything which is incorrect

    I recived my I485 approval on May 30th after 10 years coming into this country.
    I just want to mention my GC journey here, hopefully this will help atleast some of the members in making decisions in their process. Appiled for EB3 labor in jan 2004, even though i am qualified for EB2. Applied for I140 after the EB3 labor approval and received I140 approval. After realizing that the dates will never become current for EB3, my desi employer files for EB2 labor. Applied for I485 based on EB3 labor during the July Fiasco from the desi employer. After 180 days, took the permanent job with the client with base salary of almost 100% increase ( with bonus it might be around 150% ) and with manegerial duties. Mean while my EB2 labor from desi employer gets approved, so my desi employer files I140 for EB2 labor that gets approved with old priority date of Jan 2004 and I485 becomes current. Recevied RFE on my I485 for Employment Verification Letter. I took the EVL from both the current employer and the desi employer ( for future employment ) and written an affidavit saying that, i have the intent to join the desi employer once i recive my GC because he is such great employer, to keep the validity of I140 based on EB2 from desi employer. After one month of my RFE responce, i received my 485 Approval.

    So You can always take promotions with more responsibilities using AC21, as long as you are in the same occupation, % of increase in salary doesn't matter. I have clearly mentioned my salary number in the EVL that shows huge difference.

    My EVL clearly mentions that my current job duties includes more responsibilities and manegerial duties.

    I read one big court case document involving 485 process by Rajesh khanna that the main important thing that USCIS looks for during 485 approval is inadmissability means no status issues. So as long as you are in the same occupation, you should be fine.

    I had problems with my H1 and had to work around 150 days without H1B Approval after my I94 expiration, this was taken care of by 245K because of my travel to india with another H1.



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  • gsc999
    09-19 10:50 PM
    I also met several American citizens who were passing by and were curious about the rally. Me and JazzbytheBay explained and they listened patiently. One hour later I saw them marching with us holding flowers that some of our volunteers were distributing to passer bys. One gentleman was a school teacher.

    IV needs grassroot support from half a million people stuck in various stages of green card process. You can be from any country. We welcome and invite members from all countries and communities to join our efforts.

    Additionally, one of our best friends can be American citizen who understand the issue from economic, personal and other perspectives. If they become part of our voice we will become more effective.

    Each one of us has to become "IV brand ambassador" and present our issue in right perspective to counter so much misinformation floated by some vested interests. Yes, you can do it. We can facilitate.





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  • krishna.ahd
    09-19 02:29 PM
    On the lighter side

    Think about this , Your citizen kid can sponsor you when he/she attain 18.

    So who ever planning to have one , start implementing , and parent of 10 month old just wait for 17 yr 2 months.



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  • desi3933
    03-18 12:16 PM
    Thanks for the link...Before this post i was with one green dot now with 8 red dots....thanks all those ass holes.

    :cool:

    You are incorrect about out of status when person loses job on EAD.

    As long as I-485 is pending, person is in valid status. Infact, one may chose do nothing while I-485 is pending as long as he has valid job offer that starts after I-485 approval.


    _____________________
    Not a legal advice.





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  • arunmohan
    08-14 12:04 AM
    I will come to DC.

    I am sending Mirage's letter Today and will send Pani_6's letter tomorrow.





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  • she81
    06-10 07:19 PM
    There's a EB3 140 approval drought in not just NSC, but TSC too. I think it's going to get worse with EB3 becoming U. I am myself EB3 Mar 2005 and my job isn't looking very stable after my company resorted to outsourcing.

    Can we suggest to AILA reinstatement of premium processing for those who've waited beyond some acceptable period of time? The same way they are doing for people whose H1's are at the brink of expiration.

    I don't see any other way they will ever give heed to this problem i.e. where no monetary gains are involved.





    GCwaitforever
    01-25 01:28 PM
    I like ur idea, can you design this or get someone to do this. It still has to have the same basic principle. we all have ideas we need someone to actually do this since we are mostly IT folks with programming skills can we get a volunteer or a group of volunteer who can do this?

    I can work on this over a weekend. However, the contribution information is known only to the core group. So someone in the core group will have to enter contribution info into the database and set up the procedure call to return only the member level and not the contribution amount to shield info.





    Michael chertoff
    07-10 09:43 AM
    Carl Shusterman says that State Department's Charles Oppenheimer indicating that there will big advances for EB2 China & India. Hopefully it is true

    Immigration Attorneys, Schedule a Legal Consultation with Former INS Trial Attorney Carl Shusterman (http://www.shusterman.com/)

    I hope it wiill move to Aug 2006 PD.