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  • the_googly
    07-29 09:33 AM
    I expect 1/2 of the approvals to be EB2-I and the rest EB2-C.





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  • jonty_11
    06-28 05:30 PM
    ok u guys have forced me to pose the same question to my HR/Attorney...awaiting response.
    Attorney has said taht they are looking at this information, and wil get back to us soon!!!..Looks like it is a cause of concern...This sucks.!!!





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  • chantu
    03-30 01:57 PM
    Yes...We had them in power for five years. It was a joke. India was Shining and we had to wear sun glass.

    I am not supporting the congress party. I am only supporting the MMS. To me, he is faaaaaaaaaaaaaaaaarr better than Mr.Advani or Mayavathi

    SNathan, I know you are supporting MMS and not congress. But remember, it is not MMS govt it is congress govt. MMS is just an executive who will implement his boss's decisions. It happened during Narasimha Rao. It was Rao and not MMS who brought economy reforms. Also, India Shining was flop show and we had to wear sun glasses, but last 5 years of UPA was such a economic disaster that now even if we remove glasses we can see nothing but darkness.

    Also please consider that during UPA rule, India's loss due to terrorism was next to Iraq. As Narendra Modi says, even if you are rich, own houses and cars and happy in life...but if you are not sure that at the end of day you will return home safely or not, then this money and richness is of no use.





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  • neverbefore
    09-23 12:02 PM
    Applause!



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  • jhaalaa
    01-13 02:49 PM
    When folks transfer to a new employers using AC21 (where AC21 is otherwise valid) -
    0. NOT APPLICABLE: for folks who only use the EAD for the AC21 and do not use H1 transfer.
    1. OK: for folks where you work directly for the new H1 transfer sponsor.
    2. DIFFICULT: When H1 transfer using AC21 is sought from a sponsor just to meet AC21 criteria, while one works as a consultant.

    AC21 Beware - is specially meant for those wishing to seek AC21 from a small consulting company - because finding some big employer who would presently write a job description in the offer letter to match the criteria ("same or similar") that was advertised for the Labor certificate underlying a I-485 petition that has been pending 7 or more years back does not seem very practical.
    _______________________________
    In general, for folks on H1 or those planning to get one -

    A. Folks who work directly for the H1 sponsors are OK.

    B. With this memo, meeting 'Employee-Employer relationship' shall become tougher to prove for small and specially third party consulting company employees who work elsewhere and for an unrelated (to what is stated on the LCA petition used for the H1) client.

    It does not mean that its all going to be dark for all with no hope.
    Just that, keeping all necessary documentation, proof of communication of work, duties, progress, status, performance assessments, time sheets, documented business processes, projects related documentation, client-vendor communication, service agreements, etc shall become very tedious for small consulting businesses.


    Best Wishes for all





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  • p_aluri
    12-14 03:41 PM
    I would say this is not going to work for us!

    There is country quota for each and every country excluding USA..

    if we argue that there is no quota for countries belongs to ROW,The government can agrue that spill over has happened from under subscribed countries(Below 7% country limit) to over subscribed countries(above 7% country limit) within in the ROW.

    This is the common way of allocating..

    Just my opinion..



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  • bitu72
    09-29 10:24 AM
    Does any body have information if we need H1 to be valid for 1 year before applying for PR. Mine is expiring in april 06, can i apply now. will they reject it and i have to resend when i get my extension...please responds...

    this just a fallback scenario i need to prepare.. also can people work on TN visa without a sponsor..





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  • JazzByTheBay
    12-13 04:34 PM
    If someone from country X, Y, or Z comes in on that same quota, that's OK - but we can't accept folks from countries A, B and C??

    jazz

    Let's assume that it can not be fought within US Constitutional framework then do we have a choice to bring this to international court level? Can US prove that keeping per country immigration quota for EB categories is not a discrimination but a policy to protect its citizens or per say to protect its industry/economy?



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  • RNGC
    02-13 02:30 PM
    how abt IV core leading us here or how abt murthy and other IV supporters who are immigration lawyers too.

    Are u kidding me....She is the happiest soul out there and thriving on our problems. If USCIS is efficient and no backlogs she will be out of business...





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  • sachug22
    09-17 04:51 PM
    I do not think it would be 10,000 primary. Probably around 3000 ~ 5000 primary applications. But if you consider dependents yes we may be talking about nearly 10,000 EB2I visas.

    I think it is between 3000 and 3500, with depended this comes to 7500.

    In 2008, 10% of these already got approved.
    Some 10% may have abandon application or used other priority days (porting).
    Some 5% may have used cross-chargeable

    So we are looking at a number close to 5000-6000 for Jan-March 2005.



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  • needhelp!
    09-23 02:32 PM
    Please send the email one-by-one instead of a single mass email.





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  • Kushal
    07-27 02:10 PM
    Check this. And stop misguiding people

    MurthyDotCom : Home-Based Businesses : Inadvertent Unauthorized Employment (http://murthy.com/news/n_hombus.html)

    Nobody is misguiding anyone. Talk to your lawyer and find out. Amway doesn't offer you employment.
    What you get is 1099-MISC the same you get for your stocks and investments. Talk to your lawyer and find out.



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  • Googler
    02-16 02:30 PM
    That is one way to look at things. The important thing is, whether the Judge looks at the situation the same way. It will be tough job to convince the Judge. If you seek legal opinion from a lawyer, lawyers mostly tend to say that you have a case expecting that that lawyer will be the one filing the lawsuit (i.e. making the money). So be careful with the idea and advise from a lawyer.

    And more importantly, even if 'we have a case', do we have folks who are willing to be plaintiff in this lawsuit. Are you or Googler or chandu (because he replied to my earlier posts suggesting that we will find someone to lead) willing to be the plaintiff, or are you encouraging others (putting the gun on other's shoulder to fire) to be the plaintiff. If you see that there is chance/value in filing lawsuit, why don't you decide to be the plaintiff? Either way, if you are a plaintiff or if you know someone who wants to be one, why don't you take this to IV team.

    Say we have a case, then to go to the next step we need -

    1.) Someone willing to take the initiative/lead
    2.) Plaintiff
    3.) Resources
    4.) There maybe more that I am not able to think at this time, because I no experience of filing class action lawsuit.

    How to find what we need to file lawsuit -

    For (1.), I suggest someone willing to give out his/her name as plaintiff should contact IV. I saw that folks are discussing this on too, but that site is not a non-profit. That site is owned by some guy who is earning good money of off the ads on his site. He won't spend resources to file for lawsuit although he has made good money off of the woes of others tracking their green card case status. So the only viable option is to get IV involved.

    For (2.), if you want to see this through, then, at least one of around 180 folks who voted for filing lawsuit should be willing to be the plaintiff. If not, then someone needs to make phone calls to find a possible plaintiff.

    For (3.), as mentioned above, I don't know of any one organized effort other than IV to lead such an effort of a lawsuit.

    Sanju, while I commend the thought you have put into this, note that the thinking on this is at a VERY VERY VERY preliminary stage. In real life class action lawsuits, named plaintiffs are chosen based on how well they fit the argument in the case, not the other way round. As I said upthread, all those who want decisions, deals, money etc RIGHT NOW are being pretty unrealistic -- probably just because of unfamiliarity with the progress of cases like this. I know people want to be reassured that there is NO risk of losing, every decision node is mapped out, responsibility assigned, but if that is what anyone is thinking they have to rejigger their thinking. ;-)

    If I fit the argument that is eventually made, I'd be more than happy to be a named plaintiff. I also have no problem ponying up a significant amount of money once I'm convinced about the legal argument and the attorney in question.





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  • needhelp!
    09-26 12:42 PM
    This is something IV wants to pursue and needs our support!



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  • alisa
    07-03 11:33 PM
    Dear Senator XXX,

    USCIS and DOS played a cruel and gut-wrenching joke with the lives and feelings of hundreds of thousands of employment based greencard applicants.
    At first, DOS announced that visa numbers were available for July 2007, and so all applicants could apply for Adjustment of Status.
    Hundreds of thousands of applicants, with high hopes, went through hardships collecting documents and spent money in the month of June. People flew in their families from outside United States, and cancelled trips so that they could file for AOS.
    However, on July 2nd, the first day that USCIS could accept the applications, DOS declared that the visas were unavailable, and USCIS announced that they would reject all applications.

    How did this happen?
    USCIS worked feverishly to issue greencards, so that it did not have to deal with the applications that were going to be filed in July. According to unconfirmed reports, USCIS gave out 18000 employment-based greencards in the last day of June. USCIS does not even succeed in giving out 140K employment-based greencards in any given year.

    Please see this:
    http://www.prlog.org/10022648-no-celebration-for-thousands-of-highly-skilled-future-americans-this-july-4th.html
    And this:
    http://www.forbes.com/feeds/ap/2007/07/02/ap3879453.html
    And this:
    http://www.nytimes.com/2007/07/04/us/04visas.html?ex=1341201600&en=fbf9eb2e25eac42e&ei=5124&partner=digg&exprod=digg

    It is being suggested, though it still remains to be confirmed, that USCIS actions were either illegal, or a lapse in national security.
    http://blogs.ilw.com/gregsiskind/2007/07/full-blown-scan.html

    Representative Lofgren has issued letters to Secretaries Chertoff and Rice asking them to explain the behaviors of their departments.
    http://lofgren.house.gov/PRArticle.aspx?NewsID=1808

    We hope that you would also demand answers from USCIS and DOS. We also hope that congress would pass legislation to ease the pains of the employment based greencard applicants, like SKILL bill.
    I look forward to hearing from you, and will gladly post your response publicly to share with other employment-based greencard applicants.





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  • Saralayar
    03-17 10:33 AM
    Asking such things are not correct. Any how labor substitution is not happening much and individuals with real issues like kids going to the final years in school etc., are finaly deciding and trying to take this risk.



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  • breddy2000
    09-04 12:28 AM
    It's a strange fact that he came back to power.

    The guy, his son and his team have been looting, destroying, killing (political killings) on the scales of mafia never ever seen in the history of AP.

    I repeat that again. Good riddance. Wish his Son was also part of the chopper trip...that would have been complete liberation.

    For “dealsnet”, politicians are diplomatic, that is how they have to be, and behind their minds they might have a different plan and agenda. Why should we anonymous people be diplomatic? And why should we be afraid to speak?

    If you have a personal interest in Congress or YSR say your sympathies and talk about it. No need to preach and say that others are not responsible. I think at least in this forum we are educated on a level basis.

    And for closing yesterday’s thread on YSR, you people should grow! Immigration Voice is just one among thousands of other web sites and if you believe you have a point, talk about it.

    CHANDUV23(aka _TrueFacts)
    See what you have been preaching about being afraid. If you are not afraid to speak, why do you need to hide your identity





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  • shukla77
    07-29 12:27 PM
    I think what Ron is saying does make sense.





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  • gondalguru
    07-17 01:50 PM
    What makes you so sure the spillover can happen in the first quarter? Is there an example in the last 10 years? You may have forgot Feb. 2008 bulletin. If what you say is true, why it was U for EB2-I on Feb. 2008? No one in USCIS can take the responsibility if the spillover in first quarter causes EB2 RoW with cutoff date later, as they can't predict if there will be enough(or not) applicants to fullfill the quota. Therefore, spillover can only happen at 4th quarter. Unless if there's really mininum of usage, then it may start at 3rd quarter, but I don't think it will ever happen at 1st quarter.

    Here is the Feb 2008 bulletin.
    http://travel.state.gov/visa/frvi/bulletin/bulletin_3925.html
    INDIA EMPLOYMENT SECOND PREFERENCE HAS BECOME �UNAVAILABLE�

    Despite two retrogressions of the India Employment Second preference cut-off date, demand for numbers by CIS Offices for adjustment of status cases has remained extremely high in recent months. As a result the annual limit for the India Employment Second preference category has been reached, and the category has become �unavailable� effective immediately.

    Look at my prior post. I think spill over will happen every quarter.





    apnair2002
    04-29 09:23 AM
    04/29/2007: Elimination of Substitution of Aliens for the Certified Labor Certification Applications

    As we stated earlier, the OMB had 90 days to make a decision on this DOL Final Rule. It was submitted on 01/26/2007 and the OMB cleared on 04/27/2007, just immediately prior to expiration of 90 days.
    This final rule will not go into effect until it is published by the DOL in the federal register. Record reflects that this final rule will not be published in the federal register, Monday, 04/30/2007. We have yet to see what changes to the proposed version of the rule the DOL made in the final rule. However, it is certain that this rule will not go into effect on Monday, 04/30/2007, and there may still be some actions the employers can make before it is published in the federal register.
    Pending Labor Certification Cases: PERM rule does not allow any amendments and no substitution of alien beneficiary available until the PERM application is certified. By the time PERM is approved, it may be too late to initiate the substitution. However, the cases which are pending at the BECs are different. The beneficiaries can be substituted inasmuch as the job order and the BEC supervised recruitment has yet to be initiated. At this time, the amendment of the BEC application does not require a paper request and e-mail or even phone call request followed by fax will work to substitute the alien. Under the final rule which will go into effect soon, the labor certification applications at the stage of DOL can survive only if the substitution has been approved at the time of release of the final rule. Accordingly, the employers can contact the BECs tomorrow, Monday, to amend the pending ETA 705 and alien beneficiary over the phone, via e-mail, followed by the phone calls and fax or straightforwardedly via fax. CAVEAT: If substitution is denied and original beneficiary ETA 750 is denied for the reason that there is no beneficiary, the employer can lose everything!!
    Certified Labor Certification Cases: These cases will not be able to survive unless the I-140 petition is quickly filed on Monday substituting the alien beneficiary. The earliest filing date will be "Tuesday" since overnight delivery has to reach the Service Centers. Still worth trying. Once it is "filed," it will be safe. There remain a host of issues which will have to be resolved by the USCIS as to the consequences of the denial of these substitution I-140 petitions on issues other than alien beneficiaries qualifications such as the employer's financial ability to pay the proffered wage, etc. Obviously, the denial becomes a "final" action, the cases on appeal to the AAO will continue to remain outside the parameter of the elimination rule. Another question is the effect of motion to reopen of denial of substitution I-140 petitions. There is some chance that the USCIS may decide that once the motion is granted and I-140 petition is approved, the DOL's final rule of elimination of substitution will not affect the case. What if the employer refiles the substitution I-140 petitions? The chances of these cases will remail slim or nil. Since it will be considred a "new" filing of substitution I-140 petition, the USCIS may rule that such filing will be subject to the DOL's substitution elimination final rule. There will be other issues which fall under the jurisdiction of the USCIS rather than DOL as related to the interpretation of the substitution I-140 petitions. The USCIS is scheduled to initiate this rule making process sooner or later. Please stay tuned.
    Impact on the Retention of Priority Date: The rule of retention of priority date is governed not by the DOL but by the USCIS. Under the USCIS rule, the priority date of the labor certification application is not retained until I-140 petition is "approved." Accordingly, if the decision of the denial of the substitution I-140 becomes final on appeal, the substituting alien will not be able to retain the priority. Neither the original beneficiary can retain the priority date unless the alien beneficiary substition I-140 petition was filed after the I-140 had been approved for the original beneficiary.
    Impact on the 7th-Year H-1B Extension: Until the substitution I-140 is denied and becomes final on appeal, the substitutiing alien will be able to continuously extend the H-1B status in one-year increment, but the substituted alien will not be able to extend the 7th-year H-1B status based on the substituted labor certification application. Once the decision of denial becomes final, the substituting alien will not be able to extend the H-1B status after that time, but the validity of the approved 7th-year H-1B status will remain valid until the expiration date.
    Impact on the 245(i) Benefits: Grandfathering of the 245(i) benefits cannot be transferred to other aliens and substituting aliens cannot take over the 245(i) benefits unless the substitution was filed before April 30, 2001. Once the grandfathering is attached, it remains valid unless "not approveable at the time of labor certification application filing" is found. Accordingly, the denial of substitution I-140 petition on behalf of the substituting alien will have no affect on the original beneficiary's retention of the 245(i) benefits.
    Well, let's wait and see the text of the soon-to-be published final rule.





    soljabhai
    12-14 04:55 PM
    well as of now, 15 October 2002 is the Cut-off date for ROW EB3 is not much worse than the cutoff dates for the other oversubscribed countries. (somewhere in 2001). Considering we are on the threshold of 2008

    In the hypothetical scenario EB3 ROW won't be much worse. Especially since many (majority) Indian's have transferred to EB2 already.

    So I don't understand how would ROW EB3 be much worse off than now.

    The only "real losers" will be ROW EB2 which is current. As far as I know they are not constituents/members of IV so we should not worry about them.



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