somegchuh
10-10 01:01 PM
Can someone clarify the following for me?
1. How hard/easy is it to get TN visa? Is it restricted only to specialized professions like H1 or can ppl with general office (HR/marketing) etc also get TN visa?
2. Can spouse work or is it same state as H4?
3. How hard/easy is it to switch jobs?
4. What does it take to apply for green card while on TN (without switching to H status)
5. Anyone tried L1 route from Canada to US?
Basically, my question is it worth the trouble trying to get a GC if you are a canadian citizen?
1. How hard/easy is it to get TN visa? Is it restricted only to specialized professions like H1 or can ppl with general office (HR/marketing) etc also get TN visa?
2. Can spouse work or is it same state as H4?
3. How hard/easy is it to switch jobs?
4. What does it take to apply for green card while on TN (without switching to H status)
5. Anyone tried L1 route from Canada to US?
Basically, my question is it worth the trouble trying to get a GC if you are a canadian citizen?
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dingudi
02-15 04:38 PM
The reason we have greater supply of workforce in IT from one specific country is not because of skills or talents. Almost every IT workers from ROW and China came to the US as a foreign student after TOEFL, GMAT, GRE, internship and only then landed a job in IT. Whereas the preponderence of IT workers from India came here through L1/B1/H1 sponsorship through bodyshops. Attending school, preparing for generalized tests requires time, money and patience. This is one big factor why the supply curve is skewed.
I am an Indian and also came as a student giving GRE/TOEFL. So do not generalize that IT workers from India came here via L1/B1 route. Some of them did but some did not. I know lot of Indian who came here to study.
If India is producing more people qualified in these skills then its not their fault.
I am an Indian and also came as a student giving GRE/TOEFL. So do not generalize that IT workers from India came here via L1/B1 route. Some of them did but some did not. I know lot of Indian who came here to study.
If India is producing more people qualified in these skills then its not their fault.
pdjan2003
11-09 08:39 AM
One of my friends informed me about immigrationvoice.com few months back, I am EB3 with PD Jan 2003 and currently waiting to file I-485 for last one year. It is frustrating to hear how some of the companies are bypassing and jumping ahead on the line. I thought I get some opinion; I am curious why this isn't being bunged. Although using a pre-approved labor is a legal thing, how much of sagacity does it really have? Within my little 10-12 friend circle I have had atleast FOUR people who got their GC within 8 months through this same company - KFORCE, Rapidigm Inc., utilizing pre-approved labor. It seems this company lures people with a condition that they will process their GC within couple of months, isn't this using the legal system at their business advantage.
What can we do to stop this, it is frustrating to me as I am waiting for close to four years with my GC process and been in the US for 7 years. At the same time, I see people who have been in the US for 2 years has their GC. To me this legal system does not make any sense and is a clear proof of injustice. I am thinking of talking to a legal attorney to see if this makes a justifiable case and if possible file a lawsuit for scrutiny against this company or any company that uses this facility for their benefit. May be I am overreacting and this is the reason I am posting it here to get an opinion, what do you guys think ?
What can we do to stop this, it is frustrating to me as I am waiting for close to four years with my GC process and been in the US for 7 years. At the same time, I see people who have been in the US for 2 years has their GC. To me this legal system does not make any sense and is a clear proof of injustice. I am thinking of talking to a legal attorney to see if this makes a justifiable case and if possible file a lawsuit for scrutiny against this company or any company that uses this facility for their benefit. May be I am overreacting and this is the reason I am posting it here to get an opinion, what do you guys think ?
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greenscope
09-24 10:10 AM
When can I get my gc based on these uscis data for sept 2005 eb-2.Please suggest me.
more...
mbawa2574
02-15 04:44 PM
Finally an honest admission. You finally say there are more Indian and Chinese here because they have huge population.
If you can't see the insult in keeping to say "best and brightest" then I would have wasted my time.
I am not saying that there are more Chinese and Indians here. I am saying that application process is not fair since it does not give everyone a fair shot.
I am saying if more highly skilled Chinese and Indians apply for the same job,no cap should prevent them from immigration. If there FIFO ( First In and First Out), how will ROW suffer ? Can you explain ?
If you can't see the insult in keeping to say "best and brightest" then I would have wasted my time.
I am not saying that there are more Chinese and Indians here. I am saying that application process is not fair since it does not give everyone a fair shot.
I am saying if more highly skilled Chinese and Indians apply for the same job,no cap should prevent them from immigration. If there FIFO ( First In and First Out), how will ROW suffer ? Can you explain ?
GCBy3000
06-28 12:56 PM
Already it happened for other workers category last month. In mid july THEY WILL STOP accepting 485s if they receive more than they could process.
I did not see any precedance for stopping I485 in the middle of months for past 10 years. If it happens that will be first time
I did not see any precedance for stopping I485 in the middle of months for past 10 years. If it happens that will be first time
more...
chantu
03-30 02:48 PM
If a Italian citizen controll the major Party of India; why not a Brazilian knows more?:)
Any way I will update soon....
That is the tragedy of India. Except Indians everybody has ruled India and still people have no remorse, no self respect.
Any way I will update soon....
That is the tragedy of India. Except Indians everybody has ruled India and still people have no remorse, no self respect.
2010 2011 John Wayne Gacy,
qualified_trash
05-17 06:11 PM
Hello Friends and my fellow GC awaiters..
I have my labor pending for the past 3 yrs (my PD is Aug 2003) and have been waiting for ever. Inspite having a Master's I did filee in EB3 just because I work for a large company which does not allow to file in EB2.
Anyways, I came across a company who said that they have a pre approved labor (late 2002) priority date. Is it wise to go for it or wait for something in EB category to move ahead?. I have at least 1 yr 3 months on H1 and will not have any other options except to stay in the company after 3 months.
Is it worth taking the risk and go with the labor substitution?
The second question/advice I'd like from you is:
If I go back to the same company after 6 months because of some issue with the labor can I still preserve my 2003 PD?
Pls let me know your opinion.
Thx a lot guys.
Hope is a good thing, maybe the best of things. And no good thing ever dies
1MoreDesi !
I personally know of 2 friends - live within half a mile of where I do, who got their GCs using labor substitution. If the lawyer and sponsoring company are good, go for it. Keep in mind that this is going to go away soon.........
I have my labor pending for the past 3 yrs (my PD is Aug 2003) and have been waiting for ever. Inspite having a Master's I did filee in EB3 just because I work for a large company which does not allow to file in EB2.
Anyways, I came across a company who said that they have a pre approved labor (late 2002) priority date. Is it wise to go for it or wait for something in EB category to move ahead?. I have at least 1 yr 3 months on H1 and will not have any other options except to stay in the company after 3 months.
Is it worth taking the risk and go with the labor substitution?
The second question/advice I'd like from you is:
If I go back to the same company after 6 months because of some issue with the labor can I still preserve my 2003 PD?
Pls let me know your opinion.
Thx a lot guys.
Hope is a good thing, maybe the best of things. And no good thing ever dies
1MoreDesi !
I personally know of 2 friends - live within half a mile of where I do, who got their GCs using labor substitution. If the lawyer and sponsoring company are good, go for it. Keep in mind that this is going to go away soon.........
more...
satishku_2000
06-27 06:03 PM
According to the AILA, approximately 40,000 visas remain in all employment-based categories, other than EW, for FY2007, according to its sources, and that the USCIS has far more than 40,000 adjustment applications in the backlog queue that are ready for approval, not to mention the additional numbers which will be consumed in concular immigrant visa processing. It is thus possible that the cap may reach within a short period in July, even though no one can predict it until after July 2, 2007. The USCIS at this time does not have any policy announced with reference to July 2007 I-485 filings which are filed after certain date in July when the total number is exhausted. However, considering the fact that the USCIS currently rejects the "Other Worker" category I-485 applications even though June 2007 Visa Bulletin show current for certain applicants because the "other worker" category quota was exhausted on June 5, 2007. This raises a serious concern because as we reported earlier today, the USCIS appears to be picking up the speed of processing of backlog I-485 applications in anticipation of flood of July 485 applications. The USCIS hands may be tied, should the EB visa numbers for FY 2007 is exhausted before the end of July.
http://www.immigration-law.com/
I dont think I will be able to file by July 2nd anyway . I sent my forms last week and I have no idea or update from lawyers office . This could be fun .. Hope I did not waste close to $1000 in this madness to file my 485.
http://www.immigration-law.com/
I dont think I will be able to file by July 2nd anyway . I sent my forms last week and I have no idea or update from lawyers office . This could be fun .. Hope I did not waste close to $1000 in this madness to file my 485.
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vdlrao
07-16 10:25 PM
Does anybody know how many EB2-I and EB2-ROW PERMs were processed for 2006, 2007 and 2008? Once we know these numbers it will be easy to predict EB2-I movement as all of the spillover numbers will be used primarily by EB2 India.
http://www.immigration.com/newsletter1/attregusimmsuppo.pdf
http://www.immigration.com/newsletter1/permstatsjune08.pdf
Total Labors approved in year 2007 --> 85,112
Total Labors for India in year 2007 --> 24,573.
Total Labors for China in Year 2007 --> 6,846
Total labors approved from Mar 2005 to till May 2008 --> 209,393
http://www.immigration.com/newsletter1/attregusimmsuppo.pdf
http://www.immigration.com/newsletter1/permstatsjune08.pdf
Total Labors approved in year 2007 --> 85,112
Total Labors for India in year 2007 --> 24,573.
Total Labors for China in Year 2007 --> 6,846
Total labors approved from Mar 2005 to till May 2008 --> 209,393
more...
cableman
08-30 10:53 AM
I would recommend you to search online such as http://www.monster.ca and apply for some positions. This is the only reliable way to test the Canadian job market. If you get positive responses, it tells you that your skill set is indeed in demand. If not, you should think twice before moving. Since Canada and US are next to each other, you can probably be able to go for interviews and to secure a job before moving. This way, you are sure that you will have a job when you move.
One reminder. Don't expect their jobs can pay you as good as what you are getting in US. The upside is the living standard is relatively lower in Canada especially compared to big cities like NYC and San Francisco. Also, you will have more vacations and no more worry of GC retrogression.
I did the PR Canadian immi. myself and got the approval. The process is straightforward . However, I hesitate to go there . From what I heard is diffucult to get IT job.
One reminder. Don't expect their jobs can pay you as good as what you are getting in US. The upside is the living standard is relatively lower in Canada especially compared to big cities like NYC and San Francisco. Also, you will have more vacations and no more worry of GC retrogression.
I did the PR Canadian immi. myself and got the approval. The process is straightforward . However, I hesitate to go there . From what I heard is diffucult to get IT job.
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mbawa2574
02-15 04:25 PM
Human nature is what tends to create the monopoly. That's the reason for having laws, we know favorism will always exist but a law would prevent it from going over the limit. The way you want it we'll have whites-only-business, asians-only-business and so on..
When you are tired of this discussion you should ask to stop the ones who started it saying their people are better and brighter than others and hence deserve larger immigration volume, before you ask to stop the people who answer them.
America is about freedom and liberty and is a law abiding country. Country caps is discrimination with people of two countries which have almost half of the population in the world. I am not saying increase visas for India or China. I am only saying increase the total number of visas and then make the system FIFO so that every skilled person in this world have same access to immigration.
When you are tired of this discussion you should ask to stop the ones who started it saying their people are better and brighter than others and hence deserve larger immigration volume, before you ask to stop the people who answer them.
America is about freedom and liberty and is a law abiding country. Country caps is discrimination with people of two countries which have almost half of the population in the world. I am not saying increase visas for India or China. I am only saying increase the total number of visas and then make the system FIFO so that every skilled person in this world have same access to immigration.
more...
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Jerrome
05-01 04:20 PM
What do you mean by some tamilians killed, almost 10 thousand people killed in 2 months.
Personally i don't believe 2000 terrorists could hold hostages of 3 or 4 lakh people for 2 years.
Do you know or read reports that daily 5000 bombs are dropped on civilian areas to make them to run towards the army.Do you know that the army poisoned the drinking water and people ran towards army without food or water and now they are in Nazi like camps.
It is not released by the LTTE but released by the UN.
No Second opinion about killing terrosists, but killing innocent people is not acceptable at any cost.
Personally i don't believe 2000 terrorists could hold hostages of 3 or 4 lakh people for 2 years.
Do you know or read reports that daily 5000 bombs are dropped on civilian areas to make them to run towards the army.Do you know that the army poisoned the drinking water and people ran towards army without food or water and now they are in Nazi like camps.
It is not released by the LTTE but released by the UN.
No Second opinion about killing terrosists, but killing innocent people is not acceptable at any cost.
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pappu
07-02 06:07 PM
We are starting a media drive from tomorrow on visa bulletin.
Before we post all the details and how to's
we need help from members to:
- post some email templates specific to this visa bulletin and our cause. Mention IV name several times in the template so that the reporter can contact us.
- Someone please collect a list of the reporters from pervious media drives , make a file and post it here.
Let us get this background work done tonight and from tomorrow morning we will start this drive with a bang.
=======================
media list
http://www.mydatabus.com/myFiles.php?pt=createLink&fn=Media.xls
members can post other email addresses on the thread so that everyone can write emails
Before we post all the details and how to's
we need help from members to:
- post some email templates specific to this visa bulletin and our cause. Mention IV name several times in the template so that the reporter can contact us.
- Someone please collect a list of the reporters from pervious media drives , make a file and post it here.
Let us get this background work done tonight and from tomorrow morning we will start this drive with a bang.
=======================
media list
http://www.mydatabus.com/myFiles.php?pt=createLink&fn=Media.xls
members can post other email addresses on the thread so that everyone can write emails
more...
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nixstor
07-03 08:35 PM
Can IV try for a Bridge Legislation ...................
Tuesday, July 03, 2007
Bridge Legislation Update
HLG is still actively seeking Bridge Legislation. The purpose of the bridge is to provide a short-term fix to the current retrogression problem for Schedule A occupations. As many readers are aware we are one of the founding members of the Coalition to Improve Healthcare Staffing. The CTIHS is pleased to announce that in June it retained two prominent Washington lobbyists and consultants. The lobbyists are working 24/7, along with the AHA, to seek this goal.
If any immigration attorneys and/or healthcare stakeholders wish to participate in this effort and contribute funds to the effort, they should contact Chris Musillo (cmusillo@hammondlawfirm.com).
The biggest hurdle we have right now is general �immigration malaise� in Congress; no one wants to talk immigration at this point. Congress is on a short break for the American Independence Day. Many of the staffing companies and hospitals that make up the CTIHS have meetings set up with their Congressmen and Senators this week.
Lobbyists are working 24/7. Are you kidding me?
My ideal solution for this is to make this a hot button issue in the media and then try for legislation to recapture visa numbers and allow forwarding of visa numbers. That will help us go a long way.
Tuesday, July 03, 2007
Bridge Legislation Update
HLG is still actively seeking Bridge Legislation. The purpose of the bridge is to provide a short-term fix to the current retrogression problem for Schedule A occupations. As many readers are aware we are one of the founding members of the Coalition to Improve Healthcare Staffing. The CTIHS is pleased to announce that in June it retained two prominent Washington lobbyists and consultants. The lobbyists are working 24/7, along with the AHA, to seek this goal.
If any immigration attorneys and/or healthcare stakeholders wish to participate in this effort and contribute funds to the effort, they should contact Chris Musillo (cmusillo@hammondlawfirm.com).
The biggest hurdle we have right now is general �immigration malaise� in Congress; no one wants to talk immigration at this point. Congress is on a short break for the American Independence Day. Many of the staffing companies and hospitals that make up the CTIHS have meetings set up with their Congressmen and Senators this week.
Lobbyists are working 24/7. Are you kidding me?
My ideal solution for this is to make this a hot button issue in the media and then try for legislation to recapture visa numbers and allow forwarding of visa numbers. That will help us go a long way.
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sroyc
09-24 02:06 PM
Read any visa bulletin. It's in there.
SROYC,
Can you give me USCIS or any other authentic Doc/link which states ICMP share is 7% of 28.6% ? In years I have not found such doc. Therefore, assuming USCIS works fairly :D I had to divide 28.6% by 5 - equal share for each country within particular category.
Yes, there are many other factors we will have to factor in like incoming flow of applications, swith over count, spillover at the end of the year.
SROYC,
Can you give me USCIS or any other authentic Doc/link which states ICMP share is 7% of 28.6% ? In years I have not found such doc. Therefore, assuming USCIS works fairly :D I had to divide 28.6% by 5 - equal share for each country within particular category.
Yes, there are many other factors we will have to factor in like incoming flow of applications, swith over count, spillover at the end of the year.
more...
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nandakumar
05-28 09:47 PM
1. Employment-Based Visa Number Movement and Predictions
Many MurthyDotCom and MurthyBulletin readers closely track the U.S. Department of State (DOS) Visa Bulletin each month. The most recent Visa Bulletin chart is always available on MurthyDotCom. Given the importance of the cutoff dates in the Visa Bulletin, attorneys at the Murthy Law Firm are often asked for predictions as to the movement of the cutoff dates. There is no better source for this information than Charles Oppenheim, Chief of Immigrant Visa Control and Reporting Division at DOS. Mr. Oppenheim was a guest speaker at a May 20, 2009 American Immigration Lawyers Association (AILA) meeting, which was attended by most of our attorneys. Mr. Oppenheim�s explanations and visa number / Visa Bulletin expectations for the remainder of FY2009 and for FY2010 are explained below. Readers who are unfamiliar with the Visa Bulletin and the role visa numbers play in the permanent residence (commonly referred to as the �green card�) process should review some of the articles on this important topic that can be found on our website; among them, Priority Dates - How Do They Work?
Historical Background
Mr. Oppenheim discussed the historical background that led to the current unavailability of visa numbers, known as retrogression, for certain employment-based (EB) immigrant visa categories. Retrogression is not something new or unfamiliar in immigration law. Most EB numbers were current from July 2001 through January 2005 due to legislative that provided a temporary solution. This legislation authorized unused visa numbers from previous years to be put back into the system. Those additional numbers, along with the annual allotments, were sufficient to meet the demand until January 2005. Since January 2005, the supply of EB visa numbers has fallen short of the demand.
Current Trends in Visa Usage
Mr. Oppenheim stated that immigrant visa applications at U.S. consulates abroad are down seven percent from FY2008. India will use all the visa numbers that are available to its nationals this fiscal year. This is due, in part, to huge increases in the usage of EB4 and EB5 categories. Applicants from India have used twice the number of visas estimated for FY2009. Mr. Oppenheim stated that, because of the excess demand, further retrogression may occur over the summer months.
Predictions for Movement and Usage of EB Visa Numbers
Employment-Based, First Preference (EB1)
Mr. Oppenheim expects that all EB1 visa numbers will be used before the end of FY2009. This may result in the establishment of a cutoff date for the EB1 categories for India and China, beginning in August or September 2009. Usage in the EB1 worldwide category (listed as "all chargeability areas except those listed") is also higher than expected. This may lead to imposition of a cutoff date toward the end of FY2009.
Mr. Oppenheim explained that a trickling effect of unused visa numbers between EB categories has helped keep EB1 and EB2 categories current in prior years. However, due to the processing of a high number of applications, this trickling effect has already occurred, but is not expected to occur again in FY2009. Mr. Oppenheim attributed this to the hard work of the U.S. Citizenship and Immigration Services (USCIS), as well as that of the DOS, as they have succeeded in processing enough cases to likely use all available visa numbers from all categories for FY2009. He stated that the DOS and the USCIS are supposed to process enough cases to use the annual allotment of visa numbers and not leave any available visas unused and wasted in any fiscal year.
Employment-Based, Second Preference (EB2)
The EB2 category worldwide is also expected to be over-subscribed and will exhaust all allocated visa numbers before the end of FY2009. To date, Mr. Oppenheim estimates that 3,200 EB2 India visa numbers have been used in FY2009. The high usage in the EB1 category has prevented the usual trickle of visas to the EB2 category. Thus, China will experience the same EB2 retrogression as India in July 2009. The EB2 China cutoff date is expected to be set at January 1, 2000.
Employment-Based, Third Preference (EB3)
All EB3 categories are currently unavailable; all available visa numbers have been allocated. No change is expected to occur until the beginning of FY2010.
Employment-Based, Fourth Preference / Certain Religious Workers
There has been an unexpectedly heavy usage of visas in the EB4 categories for certain religious worker in FY2009. A cutoff date thus may be set in August or September 2009. Mr. Oppenheim stated that, if the Certain Religious Workers category becomes unavailable, applicants in the ministers category are not affected.
Visa Numbers for Indian Nationals
Mr. Oppenheim has set the cutoff date for EB2 India at January 1, 2000. According to current estimates, out of the approximately 200,000 I-485 applications currently pending with USCIS, 120,000 of them are chargeable to India, with the cases divided evenly between EB2 and EB3. This means that EB2 and EB3 India applicants count for 60 percent of the I-485 cases currently pending with the USCIS.
FY2010 Predictions by Charles Oppenheim of DOS
Mr. Oppenheim stated that he expects the EB3 worldwide category to have a cutoff date of March 1, 2003, beginning with the October 2009 Visa Bulletin. When asked about the potential cutoff dates for EB3 India, China, and Mexico, Mr. Oppenheim said that it would depend on the demand for these categories over the rest of FY2009.
Mr. Oppenheim estimated that there are currently 25,000 EB2 and EB3 cases from Indian nationals that have been reviewed and are only waiting for visa numbers for final processing. He stated that, due to the dramatic increase in employment-based filings, visa cutoff dates for FY2010 will be much more limited to ensure that there will be a steady supply of visa numbers available throughout the year. This will lead to earlier cutoff dates and may help prevent visa categories from becoming unavailable.
Conclusion
We at the Murthy Law Firm appreciate Mr. Oppenheim's commitment to addressing matters related to visa numbers and the Visa Bulletin. The continued shortage of employment-based visa numbers is a source of great frustration for many and Mr. Oppenheim's predictions do not assuage that feeling. It is better to have an understanding of the reality of the situation, however, than to operate in ignorance or with unrealistic expectations. Once again, the shortage of immigrant visa numbers underscores the need for legislation in this area to increase the numbers, change the counting of the numbers (from one per person to one per family), or to revamp the system entirely.
Many MurthyDotCom and MurthyBulletin readers closely track the U.S. Department of State (DOS) Visa Bulletin each month. The most recent Visa Bulletin chart is always available on MurthyDotCom. Given the importance of the cutoff dates in the Visa Bulletin, attorneys at the Murthy Law Firm are often asked for predictions as to the movement of the cutoff dates. There is no better source for this information than Charles Oppenheim, Chief of Immigrant Visa Control and Reporting Division at DOS. Mr. Oppenheim was a guest speaker at a May 20, 2009 American Immigration Lawyers Association (AILA) meeting, which was attended by most of our attorneys. Mr. Oppenheim�s explanations and visa number / Visa Bulletin expectations for the remainder of FY2009 and for FY2010 are explained below. Readers who are unfamiliar with the Visa Bulletin and the role visa numbers play in the permanent residence (commonly referred to as the �green card�) process should review some of the articles on this important topic that can be found on our website; among them, Priority Dates - How Do They Work?
Historical Background
Mr. Oppenheim discussed the historical background that led to the current unavailability of visa numbers, known as retrogression, for certain employment-based (EB) immigrant visa categories. Retrogression is not something new or unfamiliar in immigration law. Most EB numbers were current from July 2001 through January 2005 due to legislative that provided a temporary solution. This legislation authorized unused visa numbers from previous years to be put back into the system. Those additional numbers, along with the annual allotments, were sufficient to meet the demand until January 2005. Since January 2005, the supply of EB visa numbers has fallen short of the demand.
Current Trends in Visa Usage
Mr. Oppenheim stated that immigrant visa applications at U.S. consulates abroad are down seven percent from FY2008. India will use all the visa numbers that are available to its nationals this fiscal year. This is due, in part, to huge increases in the usage of EB4 and EB5 categories. Applicants from India have used twice the number of visas estimated for FY2009. Mr. Oppenheim stated that, because of the excess demand, further retrogression may occur over the summer months.
Predictions for Movement and Usage of EB Visa Numbers
Employment-Based, First Preference (EB1)
Mr. Oppenheim expects that all EB1 visa numbers will be used before the end of FY2009. This may result in the establishment of a cutoff date for the EB1 categories for India and China, beginning in August or September 2009. Usage in the EB1 worldwide category (listed as "all chargeability areas except those listed") is also higher than expected. This may lead to imposition of a cutoff date toward the end of FY2009.
Mr. Oppenheim explained that a trickling effect of unused visa numbers between EB categories has helped keep EB1 and EB2 categories current in prior years. However, due to the processing of a high number of applications, this trickling effect has already occurred, but is not expected to occur again in FY2009. Mr. Oppenheim attributed this to the hard work of the U.S. Citizenship and Immigration Services (USCIS), as well as that of the DOS, as they have succeeded in processing enough cases to likely use all available visa numbers from all categories for FY2009. He stated that the DOS and the USCIS are supposed to process enough cases to use the annual allotment of visa numbers and not leave any available visas unused and wasted in any fiscal year.
Employment-Based, Second Preference (EB2)
The EB2 category worldwide is also expected to be over-subscribed and will exhaust all allocated visa numbers before the end of FY2009. To date, Mr. Oppenheim estimates that 3,200 EB2 India visa numbers have been used in FY2009. The high usage in the EB1 category has prevented the usual trickle of visas to the EB2 category. Thus, China will experience the same EB2 retrogression as India in July 2009. The EB2 China cutoff date is expected to be set at January 1, 2000.
Employment-Based, Third Preference (EB3)
All EB3 categories are currently unavailable; all available visa numbers have been allocated. No change is expected to occur until the beginning of FY2010.
Employment-Based, Fourth Preference / Certain Religious Workers
There has been an unexpectedly heavy usage of visas in the EB4 categories for certain religious worker in FY2009. A cutoff date thus may be set in August or September 2009. Mr. Oppenheim stated that, if the Certain Religious Workers category becomes unavailable, applicants in the ministers category are not affected.
Visa Numbers for Indian Nationals
Mr. Oppenheim has set the cutoff date for EB2 India at January 1, 2000. According to current estimates, out of the approximately 200,000 I-485 applications currently pending with USCIS, 120,000 of them are chargeable to India, with the cases divided evenly between EB2 and EB3. This means that EB2 and EB3 India applicants count for 60 percent of the I-485 cases currently pending with the USCIS.
FY2010 Predictions by Charles Oppenheim of DOS
Mr. Oppenheim stated that he expects the EB3 worldwide category to have a cutoff date of March 1, 2003, beginning with the October 2009 Visa Bulletin. When asked about the potential cutoff dates for EB3 India, China, and Mexico, Mr. Oppenheim said that it would depend on the demand for these categories over the rest of FY2009.
Mr. Oppenheim estimated that there are currently 25,000 EB2 and EB3 cases from Indian nationals that have been reviewed and are only waiting for visa numbers for final processing. He stated that, due to the dramatic increase in employment-based filings, visa cutoff dates for FY2010 will be much more limited to ensure that there will be a steady supply of visa numbers available throughout the year. This will lead to earlier cutoff dates and may help prevent visa categories from becoming unavailable.
Conclusion
We at the Murthy Law Firm appreciate Mr. Oppenheim's commitment to addressing matters related to visa numbers and the Visa Bulletin. The continued shortage of employment-based visa numbers is a source of great frustration for many and Mr. Oppenheim's predictions do not assuage that feeling. It is better to have an understanding of the reality of the situation, however, than to operate in ignorance or with unrealistic expectations. Once again, the shortage of immigrant visa numbers underscores the need for legislation in this area to increase the numbers, change the counting of the numbers (from one per person to one per family), or to revamp the system entirely.
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krish2005
01-16 06:18 PM
http://www.murthy.com/news/n_repatt.html dated March 2006
I discussed the matter of the Consular section requiring end-user client (http://immigrationvoice.org/forum/#) letters. Many H1B employers and employees, as well as several AILA attorneys, have approached me as well as the Murthy Law Firm, inquiring about this. The matter deals with the fairly recent requests for letters from supervisors of the end-user clients. These requests require the end users to outline the nature of the job to be performed by the H1B visa candidate, provide details of where the candidate will work, the length of the project, and the need for a specific H1B employee by name and other details. Unfortunately, most end-user clients are not willing to comply with such an onerous request. The very reason for the end-user client to hire an outside consulting company is to minimize the burden of administrative or HR responsibilities. Moreover, the law does not require such detailed letters for the issuance of H1B visas.
�MurthyDotCom
I respectfully summarized the position of many of you, our clients or those using candidates who apply for the H1B visa at Chennai, as follows.
End-user clients generally will not issue letters to the consulate, as they do not wish to get involved with the H1B process. The very nature of the employment relationship, when hiring through consulting companies, is to avoid or minimize the work related to hiring candidates.
Employers who sign the H1B documents do so under penalty of perjury and must pay the required prevailing wage, irrespective of whether they have assignments for the H1B candidates. The employer may decide to send the candidate back to his/her home country if enough assignments cannot be found.
Legacy INS (now USCIS) raised many similar issues, in the early- to mid-1990s, regarding the length and nature of the projects in the U.S., timetable of assignments, and the H1B employer�s ability to pay the required prevailing wage. Senior Legacy INS officials from headquarters in Washington DC addressed the concerns of those examiners by pointing out that the law does not permit them to investigate a U.S. employer�s ability to hire H1B employees. The USCIS is bound by memos and policy guidance of the Legacy INS. After that memo, Legacy INS stopped issuing lengthy RFEs on these matters.
The law does not require any such letters by end-user clients for the issuance of the H1B visas to the visa applicants.
Delays in the issuance of H1B visas cause many of the employers considerable financial (http://immigrationvoice.org/forum/#) loss and postpone the implementation of projects. This results in the additional loss of revenues and credibility with their clients, due to their inability to produce in a timely fashion the required specialty-worker candidates.
Thanks for the post. Is there such a requirement when there is a renewal of H1B ?
I discussed the matter of the Consular section requiring end-user client (http://immigrationvoice.org/forum/#) letters. Many H1B employers and employees, as well as several AILA attorneys, have approached me as well as the Murthy Law Firm, inquiring about this. The matter deals with the fairly recent requests for letters from supervisors of the end-user clients. These requests require the end users to outline the nature of the job to be performed by the H1B visa candidate, provide details of where the candidate will work, the length of the project, and the need for a specific H1B employee by name and other details. Unfortunately, most end-user clients are not willing to comply with such an onerous request. The very reason for the end-user client to hire an outside consulting company is to minimize the burden of administrative or HR responsibilities. Moreover, the law does not require such detailed letters for the issuance of H1B visas.
�MurthyDotCom
I respectfully summarized the position of many of you, our clients or those using candidates who apply for the H1B visa at Chennai, as follows.
End-user clients generally will not issue letters to the consulate, as they do not wish to get involved with the H1B process. The very nature of the employment relationship, when hiring through consulting companies, is to avoid or minimize the work related to hiring candidates.
Employers who sign the H1B documents do so under penalty of perjury and must pay the required prevailing wage, irrespective of whether they have assignments for the H1B candidates. The employer may decide to send the candidate back to his/her home country if enough assignments cannot be found.
Legacy INS (now USCIS) raised many similar issues, in the early- to mid-1990s, regarding the length and nature of the projects in the U.S., timetable of assignments, and the H1B employer�s ability to pay the required prevailing wage. Senior Legacy INS officials from headquarters in Washington DC addressed the concerns of those examiners by pointing out that the law does not permit them to investigate a U.S. employer�s ability to hire H1B employees. The USCIS is bound by memos and policy guidance of the Legacy INS. After that memo, Legacy INS stopped issuing lengthy RFEs on these matters.
The law does not require any such letters by end-user clients for the issuance of the H1B visas to the visa applicants.
Delays in the issuance of H1B visas cause many of the employers considerable financial (http://immigrationvoice.org/forum/#) loss and postpone the implementation of projects. This results in the additional loss of revenues and credibility with their clients, due to their inability to produce in a timely fashion the required specialty-worker candidates.
Thanks for the post. Is there such a requirement when there is a renewal of H1B ?
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whoever
02-15 11:37 AM
hey anyone know why since democrats have taken control of house, senate, they havent uttered a word on immigration? last year there was so much noise on tv regarding immigration but none at all this year. i wonder what is going on.
thomachan72
08-19 08:19 AM
I'm not from India, so you know how non-Indian will look at this issue.
First of all, thanks to IV for helping our cause.
Same as vinzen, that I usually just browse through this kinda topic, but I can't help to reply.
Have several question:
1. How many non-Indian in USA that watch bollywood movie? So, what makes him a high profile in the eyes of Immigration officer (IO)? Do we need to educate all IO to recoqnize all the actors in India, Pakistan, China, Japan, Korea and all others?
I personally never heard of this SRK guy before reading this thread. So how would you guys expect the immigration officer, who's mostlikely non-Indian, would know this guy? I agree with Pappu that says "He is a famous actor to a very very small minority Indian Community in USA".
2. Looking at how he make big deal of this in media. He probably cause this delay by himself. I can imagine the conversation at the immigration office as (copying all the answer from Ryan's earlier comment on what he's asked for when he came here):
IO: Why are you visiting US?
SRK: Do you know that I'm SRK?
IO: Who do you work for?
SRK: I'm SRK, now let me pass.
IO: Where will you live in US?
SRK: I'm SRK
IO: How long have you been in US?
SRK: I'm SRK
IO: Do you have family here?
SRK: I'm SRK
And it goes on and on for 66 mins or 2 hrs until he finally realize that he's a nobody in US.
This is the kinda thread that non-Indian will laugh at. There's lots of non-Indian that goes to this public forum (such as me). Just trying to help IV to not lose credential just because of this sorts of "indian" exclusive thread.
My friend this is the greatest post ever. A real eye opener. But remember that it is through threads like these that you get to see the "real" Indian ideals. I am very sad to say that most of us Indians are screwed up with this idol worship. The conversation between SRK and IO that you put out is exactly true. I know a friend of mine who was waiting in line for the visa interview and ofcourse he is a megalomaniac (world revolves around him). He saw (or imagined) the visa officer talking tough to a women who apparently did not understand english right in front of him and decided he has to be the mesiah (savior). He jumped in and tried to save the women. Ultimately he was denied the visa and ofcourse he later met the women outside who was smiling because she had been granted one. that is why your conversation makes very good sense here. "I am SRK":D:D:D
First of all, thanks to IV for helping our cause.
Same as vinzen, that I usually just browse through this kinda topic, but I can't help to reply.
Have several question:
1. How many non-Indian in USA that watch bollywood movie? So, what makes him a high profile in the eyes of Immigration officer (IO)? Do we need to educate all IO to recoqnize all the actors in India, Pakistan, China, Japan, Korea and all others?
I personally never heard of this SRK guy before reading this thread. So how would you guys expect the immigration officer, who's mostlikely non-Indian, would know this guy? I agree with Pappu that says "He is a famous actor to a very very small minority Indian Community in USA".
2. Looking at how he make big deal of this in media. He probably cause this delay by himself. I can imagine the conversation at the immigration office as (copying all the answer from Ryan's earlier comment on what he's asked for when he came here):
IO: Why are you visiting US?
SRK: Do you know that I'm SRK?
IO: Who do you work for?
SRK: I'm SRK, now let me pass.
IO: Where will you live in US?
SRK: I'm SRK
IO: How long have you been in US?
SRK: I'm SRK
IO: Do you have family here?
SRK: I'm SRK
And it goes on and on for 66 mins or 2 hrs until he finally realize that he's a nobody in US.
This is the kinda thread that non-Indian will laugh at. There's lots of non-Indian that goes to this public forum (such as me). Just trying to help IV to not lose credential just because of this sorts of "indian" exclusive thread.
My friend this is the greatest post ever. A real eye opener. But remember that it is through threads like these that you get to see the "real" Indian ideals. I am very sad to say that most of us Indians are screwed up with this idol worship. The conversation between SRK and IO that you put out is exactly true. I know a friend of mine who was waiting in line for the visa interview and ofcourse he is a megalomaniac (world revolves around him). He saw (or imagined) the visa officer talking tough to a women who apparently did not understand english right in front of him and decided he has to be the mesiah (savior). He jumped in and tried to save the women. Ultimately he was denied the visa and ofcourse he later met the women outside who was smiling because she had been granted one. that is why your conversation makes very good sense here. "I am SRK":D:D:D
hazishak
02-12 08:21 PM
I understand that per country cap is painful for certain countries. But i think they want the employment based immigrant community to be as versatile as possible. I have never heard someone complaining about the DV program where certain countries are not allowed to participate. The reason behind is that they want people from all over the world not just from certain parts of the world.
