485Mbe4001
05-29 06:07 PM
I have been saying this for the past one year, let us forget everything else, let us not come up with new rules or ideas or suggestions (new quotas, fraud detection, sue USCIS fund, exteneded APs etc). Focus all our energies on the one issue that will help everyone from all affected countries....Recapture of Unused Visas.
Recapture campaign will not divide us in EB 1 Vs 2 Vs 3 or countries. Over the past year a number of people have quit because of the bickering.
Recapture has a precedent because it was approved by Clinton earlier.
Recapture is free of country caps and it does not affect the existing visas. Murthy's article mentions that 120k are stuck in limbo and we know that there are around 400k visas available...i dont know what more motivation people need to fight for this issues.
On our own each one of us can do the following:
a) Try to arrange a meeting with your congressman and senators
b) write a letter to all members of the Judicary committee
after that do whatever IV tells you to do
can somebody summarise it and make a action plan
Recapture campaign will not divide us in EB 1 Vs 2 Vs 3 or countries. Over the past year a number of people have quit because of the bickering.
Recapture has a precedent because it was approved by Clinton earlier.
Recapture is free of country caps and it does not affect the existing visas. Murthy's article mentions that 120k are stuck in limbo and we know that there are around 400k visas available...i dont know what more motivation people need to fight for this issues.
On our own each one of us can do the following:
a) Try to arrange a meeting with your congressman and senators
b) write a letter to all members of the Judicary committee
after that do whatever IV tells you to do
can somebody summarise it and make a action plan
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unitednations
02-17 11:47 AM
This argument does not have much merit. You are confusing diversity with skills - if those friends, cousins etc. meet the job requirements, there is no issue in hiring them for open positions. You are asking us to believe that a country that does not believe in affirmative action in the job market and depends on voluntary action by employers to enhance diversity cares about any of this when it comes to immigration.
No, the intention behind the 7% limit is to protect levels of European immigration and address racist fears of immigration from the 3rd world. This was also the intent behind the diversity lottery - notice the consternation that the diverisity lottery is primarily benefitting non-Europeans.
If you go to the earliest visa bulletins posted on department of state web-site; you will see that Dominican Republic EB3 was retrogressed at one point. Think about that. Dominican Republic; how small is that country. Reason it was retrogressed is probably everyone was getting everyone of their relatives, etc., to come to USA through employment base. The country quota in my mind is designed to prevent such abuses of people making an end run and designing systems to get people from certain countries here.
There is a department of labor precedent court case where they can deny a labor if you are sponsoring a relative or a "close friend". The premise being that if there is a close relationship then the job cannot be truly open to Americans. I have seen USCIS also use this in a case where they figured out that CEO of the company was sponsoring his brother through employment base. This particular case, really opened up my eyes to how EB immigration was working and I started to see things a little bit better from USCIS point of view. Up to this point I thought everyone who was getting EB greencard or H-1b was highly specialized and it was a very difficult thing to do. Company I worked with had a decent number of people on H-1b at the entry level. It was all nationalities and they were from F-1. However,when it came time to sponsor them for greencard, they wouldn't do it because they couldn't satify themselves that no American was available for the job.
In this past year, I have seen USCIS get really, really difficult with h-1b's and greencards. The backlog labors are also getting a tough time. USCIS, department of state, backlog reduction center is treating the consulting companies as temporary staffing companies. There is a whole bunch of requriements that these various agencies are setting and many companies are withdrawing or deciding to not respond to these queries. When this starts happening behind the scenes then it doesn't bode well for "friendly" type immigration policies.
Last year; when cybersoftech situation happened where he filed 350 I-140's, falsified labors; falsified his tax returns, etc., and all the cases were denied or revoked; many of the candidates thought they had been cheated and that USCIS/senators/congressmen were going to make accomodations for them. Nothing like this happened; they were calling themselves "victims" and thought they should get honorary greencard because of what they had been through.
From USCIS/DOL point of view it gave them a case study of the manipulations of the system and how everything worked. Now; they are starting to hold companies to a very high standard and looking for these types of tendenices/trends. If a company has too many H-1b's filed, too many I-140's then they are looking at it as if the company is set up for immigration purpose.
One thing that people shouldn't lose sight of is that a company does not need to sponsor you for a greencard. They could fire you or lay you off at any time. All they need to do is buy you a plane ticket home. All these arguments that people have about spouse not being able to work, career stagnation, etc., would still be arguments if you stayed here on H-1b for six years. if company wasn't going to sponsor you for greencard then these arguments would still apply that you are using. However, would anyone listen if a company didn't want to sponsor you. Why is this relevant? A company is sponsoring you but they are not very interested in lobbying for you. If a company wants you on a permanent basis but it is taking too long then you would think they would lobby for you. They are the petitioner.
Now; companies want more H-1b's. in fact they really don't want it an increase. What is happening is that companies are filing H-1b's six months in advance for jobs they do not have. Ask people who go for visa stamping initially, how difficult it is for company to get them a visa without bull------- about it.
You have the traditional L-1 companies who are filing h-1b's and L-1's because of the no body shopping rule. Depending on the project, bill rates, etc., they determine whether a person will come on h-1 or l-1. it is like they are reserving the right ahead of time depending on their needs. The traditional American company can only get fresh quota cases if they have people on OPT working there. However, if they find a candidate sometime in October they cannot file an H-1b for them. So what is the solution? Increase the cap or make it extremely difficult to get H-1b visa approved and teach everyone a lesson.
This is not as simple as everyone may think it is. There are a lot of things happening behind the scense where there is a "tightening" of approvals and visas.
Now; some people may not like this posting. However; you need to have as much information as possible in order to strategize and talk to various decision makers. Some of them might sit there and listen to you but then when they start studying the situation they might come to know what I have posted here. if/when quota increases, it will probably be because when the intial 140,000 was set; the economy was at a different stage, population was at a different stage. The increase would probably just follow market realities (population is more then what it was when 140,000 was set and we need to adjust it accordingly).
No, the intention behind the 7% limit is to protect levels of European immigration and address racist fears of immigration from the 3rd world. This was also the intent behind the diversity lottery - notice the consternation that the diverisity lottery is primarily benefitting non-Europeans.
If you go to the earliest visa bulletins posted on department of state web-site; you will see that Dominican Republic EB3 was retrogressed at one point. Think about that. Dominican Republic; how small is that country. Reason it was retrogressed is probably everyone was getting everyone of their relatives, etc., to come to USA through employment base. The country quota in my mind is designed to prevent such abuses of people making an end run and designing systems to get people from certain countries here.
There is a department of labor precedent court case where they can deny a labor if you are sponsoring a relative or a "close friend". The premise being that if there is a close relationship then the job cannot be truly open to Americans. I have seen USCIS also use this in a case where they figured out that CEO of the company was sponsoring his brother through employment base. This particular case, really opened up my eyes to how EB immigration was working and I started to see things a little bit better from USCIS point of view. Up to this point I thought everyone who was getting EB greencard or H-1b was highly specialized and it was a very difficult thing to do. Company I worked with had a decent number of people on H-1b at the entry level. It was all nationalities and they were from F-1. However,when it came time to sponsor them for greencard, they wouldn't do it because they couldn't satify themselves that no American was available for the job.
In this past year, I have seen USCIS get really, really difficult with h-1b's and greencards. The backlog labors are also getting a tough time. USCIS, department of state, backlog reduction center is treating the consulting companies as temporary staffing companies. There is a whole bunch of requriements that these various agencies are setting and many companies are withdrawing or deciding to not respond to these queries. When this starts happening behind the scenes then it doesn't bode well for "friendly" type immigration policies.
Last year; when cybersoftech situation happened where he filed 350 I-140's, falsified labors; falsified his tax returns, etc., and all the cases were denied or revoked; many of the candidates thought they had been cheated and that USCIS/senators/congressmen were going to make accomodations for them. Nothing like this happened; they were calling themselves "victims" and thought they should get honorary greencard because of what they had been through.
From USCIS/DOL point of view it gave them a case study of the manipulations of the system and how everything worked. Now; they are starting to hold companies to a very high standard and looking for these types of tendenices/trends. If a company has too many H-1b's filed, too many I-140's then they are looking at it as if the company is set up for immigration purpose.
One thing that people shouldn't lose sight of is that a company does not need to sponsor you for a greencard. They could fire you or lay you off at any time. All they need to do is buy you a plane ticket home. All these arguments that people have about spouse not being able to work, career stagnation, etc., would still be arguments if you stayed here on H-1b for six years. if company wasn't going to sponsor you for greencard then these arguments would still apply that you are using. However, would anyone listen if a company didn't want to sponsor you. Why is this relevant? A company is sponsoring you but they are not very interested in lobbying for you. If a company wants you on a permanent basis but it is taking too long then you would think they would lobby for you. They are the petitioner.
Now; companies want more H-1b's. in fact they really don't want it an increase. What is happening is that companies are filing H-1b's six months in advance for jobs they do not have. Ask people who go for visa stamping initially, how difficult it is for company to get them a visa without bull------- about it.
You have the traditional L-1 companies who are filing h-1b's and L-1's because of the no body shopping rule. Depending on the project, bill rates, etc., they determine whether a person will come on h-1 or l-1. it is like they are reserving the right ahead of time depending on their needs. The traditional American company can only get fresh quota cases if they have people on OPT working there. However, if they find a candidate sometime in October they cannot file an H-1b for them. So what is the solution? Increase the cap or make it extremely difficult to get H-1b visa approved and teach everyone a lesson.
This is not as simple as everyone may think it is. There are a lot of things happening behind the scense where there is a "tightening" of approvals and visas.
Now; some people may not like this posting. However; you need to have as much information as possible in order to strategize and talk to various decision makers. Some of them might sit there and listen to you but then when they start studying the situation they might come to know what I have posted here. if/when quota increases, it will probably be because when the intial 140,000 was set; the economy was at a different stage, population was at a different stage. The increase would probably just follow market realities (population is more then what it was when 140,000 was set and we need to adjust it accordingly).
muni_k
07-08 06:44 PM
I am in the 6th year of my H1b.expires end august 2008.I have applied for I-140 in may of 2008 after my labor got audited and finally approved in may2008.My labor application was in sept 2008.I can probably recapture the time spent outside the country to take it past 1 year of labor certificate application(in order to apply for H1b extension).can i avail of premium processing for my i140 to get a possible 3 year extension or not.to me it seems not given that as per USCIS website :
USCIS is limiting Premium Processing Service for Form I-140 petitions that are filed on behalf of aliens:
Whose sixth year will end within 60 days;
Who are only eligible for a further extension of H-1B nonimmigrant status under section 104(c) of the American Competitiveness in the Twenty-first Century Act of 2000 (AC21); and
Who are ineligible to extend their H-1B status under section 106(a) of AC21.
Section 104(c) of AC21 permits applicants to extend their stay in H-1B nonimmigrant status in increments of up to three years, provided they are the beneficiary of an approved Form I-140 and an immigrant visa is not immediately available. Section 106(a) of AC21 permits applicants to extend their stay in H-1B nonimmigrant status in increments of up to one year, provided the Form I-140 petition or underlying labor certification has been pending for at least 365 days.
USCIS is limiting Premium Processing Service for Form I-140 petitions that are filed on behalf of aliens:
Whose sixth year will end within 60 days;
Who are only eligible for a further extension of H-1B nonimmigrant status under section 104(c) of the American Competitiveness in the Twenty-first Century Act of 2000 (AC21); and
Who are ineligible to extend their H-1B status under section 106(a) of AC21.
Section 104(c) of AC21 permits applicants to extend their stay in H-1B nonimmigrant status in increments of up to three years, provided they are the beneficiary of an approved Form I-140 and an immigrant visa is not immediately available. Section 106(a) of AC21 permits applicants to extend their stay in H-1B nonimmigrant status in increments of up to one year, provided the Form I-140 petition or underlying labor certification has been pending for at least 365 days.
2011 %IMG_DESC_2%
EndlessWait
07-10 11:36 AM
bbye monseiur!
more...
longq
02-13 03:09 PM
They do not have to go to 7% if they don't want to. However; they can't go over it; if there is more demand then supply.
I am not disputing this. Entire discussion here is how to handle if demand is less than supply due to the impose of 7%.
I am not disputing this. Entire discussion here is how to handle if demand is less than supply due to the impose of 7%.
TeddyKoochu
09-15 07:35 AM
My dear friend, always you have to be hopeful, and cheerful.
If you want to build your hope look at people who are waiting with PDs in 2009.
This is a great thread. I don't know how real are the predictions, but this thread gives a great energy. lots of thanks to OP.
You are correct, being hopeful & cheerful is extremely important for all of us here. The spillover really holds the key as to how things would be moving.
If you want to build your hope look at people who are waiting with PDs in 2009.
This is a great thread. I don't know how real are the predictions, but this thread gives a great energy. lots of thanks to OP.
You are correct, being hopeful & cheerful is extremely important for all of us here. The spillover really holds the key as to how things would be moving.
more...
tempgc
09-15 03:39 PM
EB2 approval of LCA or 140 is almost next to impossible now. I can dare to say this.
So consider new EB2ROW is almost negligible unless the one in the 140 stage get approved from EB2ROW (here also tough for approval but I can give chance to approval) come into the queue of EB2ROW.
This is a very big assumption which impact the EB2I progress a lot.
Also EB1 movement -- new EB1 filings should come down due to economy, so I see some EB1 numbers definitely more than previous year i.e 2009 coming to EB2.
So consider new EB2ROW is almost negligible unless the one in the 140 stage get approved from EB2ROW (here also tough for approval but I can give chance to approval) come into the queue of EB2ROW.
This is a very big assumption which impact the EB2I progress a lot.
Also EB1 movement -- new EB1 filings should come down due to economy, so I see some EB1 numbers definitely more than previous year i.e 2009 coming to EB2.
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Jerrome
09-24 09:53 AM
I think your analysis considers EB1(ROW)+EB2(ROW) spill over to EB3(ROW) that is not true,
EB1 Overflow ---> EB2
EB2 Overflow ---> EB2(I)+EB China
That means as per your calculation, it would be 19,282 considering 0 EB1 and EB2 filled in 2010.
As i said in my previous posts EB2 would be May 2006 by end of this year for sure.
Best case scenario considering more than 30K spill over it would be end of 2006.
You are also calculating spillover as of today with the pending cases, but the spill over happens only in Last quarter of 2010. There would be some if not more EB1+EB2 ROW applicants.
Based on following link:
http://www.uscis.gov/USCIS/New%20Structure/2nd%20Level%20%28Left%20Nav%20Parents%29/Green%20Card%20-%202nd%20Level/Pending%20Form%20I-485%20Reports.pdf
28.6%/5 = 5.72% for EB3-India + Spillover from EB2 and EB1, not more than 10,000 of which to "Other Workers".
28.6%/5 = 5.72% for EB2-India + spillover from EB1
28.6%/5 = 5.72% for EB1-India + spillover from EB4 and EB5
Each category is 28.6% WW Quota.
WW Quota consists of 5 country specific sub-quotas 1)India 2)China 3) Mexico 4) Philipines 5)ROW.
Based on page 1, I do math as under for Philippines categories.
-------------------------------------------------------------------------------------
1) Quota for EB4 -->7% x 140000/5=1960, Pending: 70 Quota to be spilled over to EB1= 1890
2) Quota for EB5 --> 7% x 140000 / 5 = 1960, Pending: 0 Quota to be spilled over to EB1 = 1960
3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1890 + EB5 spillover 1960 = 11858 - pending 74 = Total
11784 will go to EB2
4) Quota for EB2 --> 5.72% x 140000 = 8008 + 11784 =19792, Pending: 510, So total 19282 VISA numbers will be spilled
over to EB3.
5) Quota for EB3 --> 5.72% x 140000 = 8008 + 19282 spill over =27290 - 11563 Pending = 15727 VISA extra.
6) “Other Workers” – Pending: 264 TOTAL UNUSED VISAS = 15727-264 = 15463 UNUSED VISAS will go to the quota
of other countries.
Based on page 3, I do math as under for ROW categories.
------------------------------------------------------------------------------
1) Quota for EB4 -->7% x 140000/5=1960, Pending: 1378 Quota to be spilled over to EB1= 582
2) Quota for EB5 --> 7% x 140000 / 5 = 1960, Pending: 40 Quota to be spilled over to EB1 = 1920
3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 582 + EB5 spillover 1920 = 10510 - pending 2477 = Total
8033 will go to EB2
4) Quota for EB2 --> 5.72% x 140000 = 8008 + 8033 =16031, Pending: 7150, So total 8881 VISA numbers will be spilled
over to EB3.
5) Quota for EB3 --> 5.72% x 140000 = 8008 + 8881 spill over =16889. Pending: 62840 -16889 = 45951 applications will
still be pending and pushed to year 2011.
Based on page 4, I do math as under for China categories.
-----------------------------------------------------------------------------------
1) Quota For EB4 --> 7% x 140000 / 5 = 1960, Pending: 384 Quota to be spilled over to EB1 = 1576
2) Quota For EB5 --> 7% x 140000 / 5 = 1960, Pending: 13 Quota to be spilled over to EB1 = 1947
3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1576 + EB5 spillover 1947 = 11531 - pending 607 =
Total 10924 will go to EB2
4) Quota for EB2 --> 5.72% x 140000 = 8008 + 10924 =18932, Pending: 19333, So total 401 applications will be pushed to
year 2011 with pending approval.
5) Quota for EB3 --> 5.72% x 140000 = 8008 + no spillover = 8008 – 6343 Pending = 1665 visas Extra.
6) “Other Workers” – Pending: 30 TOTAL UNUSED VISAS = 1665-30 = 1635 UNUSED VISAS will go to the quota
of other countries.
Based on page 5, I do math as under for India categories.
-----------------------------------------------------------------------------
1) Quota for EB4 -->7% x 140000/5=1960, Pending: 123 Quota to be spilled over to EB1= 1960-123 = 1837
2) Quota for EB5 --> 7% x 140000 / 5 = 1960, Pending: 13 Quota to be spilled over to EB1 = 1960-13 = 1947
3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1837 + EB5 spillover 1947 = 11792 - pending 418 = Total
11374 will go to EB2
4) Quota for EB2 --> 5.72% x 140000 = 8008 + 11374 =19382, Pending: 47728, So total 28346 applications will still be
pending for year 2011.
5) Quota for EB3 --> 5.72% x 140000 = 8008, no spill over. Pending: 62607 -8008 = 54599 applications will still be pending
and pushed to year 2011.
Based on page 6, I do math as under for Mexico categories.
-----------------------------------------------------------------------------------
1) Quota For EB4 --> 7% x 140000 / 5 = 1960, Pending: 62 Quota to be spilled over to EB1 = 1960-62=1898
2) Quota For EB5 --> 7% x 140000 / 5 = 1960, Pending: 0 Quota to be spilled over to EB1 = 1960
3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1898 + EB5 spillover 1960 = 11866 - pending 174 =
Total 11692 will go to EB2
4) Quota for EB2 --> 5.72% x 140000 = 8008 + 11692 =19700, Pending: 211, So total 19489 applications will spill over to
EB3 category.
5) Quota for EB3 --> 5.72% x 140000 = 8008 + 19489 spillover = 27497 – 7878 Pending = 19619 visas Extra.
6) “Other Workers” – Pending: 8415 TOTAL UNUSED VISAS = 19619-8415 = 11204 UNUSED VISAS will go to the quota
of other countries.
TOTAL UNUSED VISAS = 15463 + 1635 + 11204 = 28302.
Assuming these unused visas from Philippines, China and Mexico will be used for India, ROW equally India will benefit additional 14151 VISAS this year. Assuming all of these go to EB2 India Pushed down figure for EB2-India for the year 2011 will be 28346 – 14151 = 14195 pending EB2-I applications ready to go to year 2011.
EB1 Overflow ---> EB2
EB2 Overflow ---> EB2(I)+EB China
That means as per your calculation, it would be 19,282 considering 0 EB1 and EB2 filled in 2010.
As i said in my previous posts EB2 would be May 2006 by end of this year for sure.
Best case scenario considering more than 30K spill over it would be end of 2006.
You are also calculating spillover as of today with the pending cases, but the spill over happens only in Last quarter of 2010. There would be some if not more EB1+EB2 ROW applicants.
Based on following link:
http://www.uscis.gov/USCIS/New%20Structure/2nd%20Level%20%28Left%20Nav%20Parents%29/Green%20Card%20-%202nd%20Level/Pending%20Form%20I-485%20Reports.pdf
28.6%/5 = 5.72% for EB3-India + Spillover from EB2 and EB1, not more than 10,000 of which to "Other Workers".
28.6%/5 = 5.72% for EB2-India + spillover from EB1
28.6%/5 = 5.72% for EB1-India + spillover from EB4 and EB5
Each category is 28.6% WW Quota.
WW Quota consists of 5 country specific sub-quotas 1)India 2)China 3) Mexico 4) Philipines 5)ROW.
Based on page 1, I do math as under for Philippines categories.
-------------------------------------------------------------------------------------
1) Quota for EB4 -->7% x 140000/5=1960, Pending: 70 Quota to be spilled over to EB1= 1890
2) Quota for EB5 --> 7% x 140000 / 5 = 1960, Pending: 0 Quota to be spilled over to EB1 = 1960
3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1890 + EB5 spillover 1960 = 11858 - pending 74 = Total
11784 will go to EB2
4) Quota for EB2 --> 5.72% x 140000 = 8008 + 11784 =19792, Pending: 510, So total 19282 VISA numbers will be spilled
over to EB3.
5) Quota for EB3 --> 5.72% x 140000 = 8008 + 19282 spill over =27290 - 11563 Pending = 15727 VISA extra.
6) “Other Workers” – Pending: 264 TOTAL UNUSED VISAS = 15727-264 = 15463 UNUSED VISAS will go to the quota
of other countries.
Based on page 3, I do math as under for ROW categories.
------------------------------------------------------------------------------
1) Quota for EB4 -->7% x 140000/5=1960, Pending: 1378 Quota to be spilled over to EB1= 582
2) Quota for EB5 --> 7% x 140000 / 5 = 1960, Pending: 40 Quota to be spilled over to EB1 = 1920
3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 582 + EB5 spillover 1920 = 10510 - pending 2477 = Total
8033 will go to EB2
4) Quota for EB2 --> 5.72% x 140000 = 8008 + 8033 =16031, Pending: 7150, So total 8881 VISA numbers will be spilled
over to EB3.
5) Quota for EB3 --> 5.72% x 140000 = 8008 + 8881 spill over =16889. Pending: 62840 -16889 = 45951 applications will
still be pending and pushed to year 2011.
Based on page 4, I do math as under for China categories.
-----------------------------------------------------------------------------------
1) Quota For EB4 --> 7% x 140000 / 5 = 1960, Pending: 384 Quota to be spilled over to EB1 = 1576
2) Quota For EB5 --> 7% x 140000 / 5 = 1960, Pending: 13 Quota to be spilled over to EB1 = 1947
3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1576 + EB5 spillover 1947 = 11531 - pending 607 =
Total 10924 will go to EB2
4) Quota for EB2 --> 5.72% x 140000 = 8008 + 10924 =18932, Pending: 19333, So total 401 applications will be pushed to
year 2011 with pending approval.
5) Quota for EB3 --> 5.72% x 140000 = 8008 + no spillover = 8008 – 6343 Pending = 1665 visas Extra.
6) “Other Workers” – Pending: 30 TOTAL UNUSED VISAS = 1665-30 = 1635 UNUSED VISAS will go to the quota
of other countries.
Based on page 5, I do math as under for India categories.
-----------------------------------------------------------------------------
1) Quota for EB4 -->7% x 140000/5=1960, Pending: 123 Quota to be spilled over to EB1= 1960-123 = 1837
2) Quota for EB5 --> 7% x 140000 / 5 = 1960, Pending: 13 Quota to be spilled over to EB1 = 1960-13 = 1947
3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1837 + EB5 spillover 1947 = 11792 - pending 418 = Total
11374 will go to EB2
4) Quota for EB2 --> 5.72% x 140000 = 8008 + 11374 =19382, Pending: 47728, So total 28346 applications will still be
pending for year 2011.
5) Quota for EB3 --> 5.72% x 140000 = 8008, no spill over. Pending: 62607 -8008 = 54599 applications will still be pending
and pushed to year 2011.
Based on page 6, I do math as under for Mexico categories.
-----------------------------------------------------------------------------------
1) Quota For EB4 --> 7% x 140000 / 5 = 1960, Pending: 62 Quota to be spilled over to EB1 = 1960-62=1898
2) Quota For EB5 --> 7% x 140000 / 5 = 1960, Pending: 0 Quota to be spilled over to EB1 = 1960
3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1898 + EB5 spillover 1960 = 11866 - pending 174 =
Total 11692 will go to EB2
4) Quota for EB2 --> 5.72% x 140000 = 8008 + 11692 =19700, Pending: 211, So total 19489 applications will spill over to
EB3 category.
5) Quota for EB3 --> 5.72% x 140000 = 8008 + 19489 spillover = 27497 – 7878 Pending = 19619 visas Extra.
6) “Other Workers” – Pending: 8415 TOTAL UNUSED VISAS = 19619-8415 = 11204 UNUSED VISAS will go to the quota
of other countries.
TOTAL UNUSED VISAS = 15463 + 1635 + 11204 = 28302.
Assuming these unused visas from Philippines, China and Mexico will be used for India, ROW equally India will benefit additional 14151 VISAS this year. Assuming all of these go to EB2 India Pushed down figure for EB2-India for the year 2011 will be 28346 – 14151 = 14195 pending EB2-I applications ready to go to year 2011.
more...
lahiribaba
06-14 10:14 PM
Well Said Lahiribaba. Takeaway from this is start thinking about How to Position yourself for future?
You can do nothing!! These forces are out of your control.
You can only do what Rocky Balboa said ...
"Let me tell you something you already know. The world ain't all sunshine and rainbows. It is a very mean and nasty place and it will beat you to your knees and keep you there permanently if you let it. You, me, or nobody is gonna hit as hard as life. But it ain't how hard you hit; it's about how hard you can get hit, and keep moving forward. How much you can take, and keep moving forward. That's how winning is done. Now, if you know what you're worth, then go out and get what you're worth. But you gotta be willing to take the hit, and not pointing fingers saying you ain't where you are because of him, or her, or anybody. Cowards do that and that ain't you. You're better than that! "
You can do nothing!! These forces are out of your control.
You can only do what Rocky Balboa said ...
"Let me tell you something you already know. The world ain't all sunshine and rainbows. It is a very mean and nasty place and it will beat you to your knees and keep you there permanently if you let it. You, me, or nobody is gonna hit as hard as life. But it ain't how hard you hit; it's about how hard you can get hit, and keep moving forward. How much you can take, and keep moving forward. That's how winning is done. Now, if you know what you're worth, then go out and get what you're worth. But you gotta be willing to take the hit, and not pointing fingers saying you ain't where you are because of him, or her, or anybody. Cowards do that and that ain't you. You're better than that! "
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la6470
01-15 06:05 PM
Yes in my opinion also companies like Infosys, TCS, CTS or HCL - all of them have abused the L1/B1 visa program. At least with H1B the benificiary gets a shot at the "american dream". However with L1 visas - it is pure high tech slave labour. The L1 visa holders are dumped in client places all over the USA and they are paid even lower wages than their H1B counterparts and on top of that the L1 visa absolutely prohibits the visa holder from changing employers. The typical lifcycle of a L1 visa holder is to come to USA, learn from their US counterparts, co-ordinate between the US client and the offshore team back in India, save as much money as possible to pay off for the 2 bed room apartment or car back in India and then at the end of six months , beg their employers for a new project in USA. And during all this time they have to keep up a brave face - saying they dont really "like to stay in USA". Talk about "grapes being sour".
However these companies typically are financially in a much better position and have stronger lobbies than small time desi bodyshoppers sponsoring H1 candidates - so USCIS haven't really got the guts to look into their activities as compared to desi bodyshops.
However these companies typically are financially in a much better position and have stronger lobbies than small time desi bodyshoppers sponsoring H1 candidates - so USCIS haven't really got the guts to look into their activities as compared to desi bodyshops.
more...
Marphad
05-18 10:44 AM
Oh Yeah? Says who? You? and made you the boss?
So you mean to say we have to listen to imposter like you who is roaming around in immigration forum with chargeability as United States? There could be only 2 reasons for this:
1. You want to use fake profile to spread non-sense rumours and un-necessary posts.
2. You are anti-immigrant.
In both cases I want to show you door. Have a nice day buddy. Now please leave.
So you mean to say we have to listen to imposter like you who is roaming around in immigration forum with chargeability as United States? There could be only 2 reasons for this:
1. You want to use fake profile to spread non-sense rumours and un-necessary posts.
2. You are anti-immigrant.
In both cases I want to show you door. Have a nice day buddy. Now please leave.
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InTheMoment
09-25 06:22 PM
I think you have summarized pre-adjudication quite well.
Also note that pre-adjudication is not a very recent phenomenon USCIS service centers especially NSC has been doing it since late 2005!
Also note that pre-adjudication is not a very recent phenomenon USCIS service centers especially NSC has been doing it since late 2005!
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jhaalaa
01-15 10:36 AM
Hope the AILA and ImmigrationVoice leadership can work together to urge USCIS to post a statement explaining that the guidelines in the memo are initially meant to encourage compliance by the businesses and prevent abuse; and that the USCIS would start enforcing them starting Jan 2012 or later. Thus it may be just a matter of getting used to the extra bureaucracy.
I pray that we all get sorted sooner, so we can start focusing on other important aspects of our careers and family lives.
_____________________for those very concerned____________________
It is easy to tell others to be cool headed to think rationally, but we all agree that its true -so let us try doing so.
I personally believe that most folks shall still be fine - this includes a lot of consulting company folks. We all (everyone having/renewing/aspiring H1) need to start collecting all documentary evidences as mentioned in the memo.
If you do not already do so - start following the guidelines for what USCIS considers as proof of Employer-employee relationships - exchanging weekly status e-mails, work assignments, etc. Also please remember to save these documents more securely (possibly at more than a single location). There could be a few more hassles, for example requesting access to old deleted e-mails from server backups. Start working to get yourself copies of service level agreements and contracts between the various layers of consulting companies - after seeing this memo most HR staff would get cooperative. Provide copies of the memo to your consulting companies sales and placement staff - as they would not want to loose their commissions and thus would help persuade your managers and HR staff to start complying.
_____________________________________________
Best Wishes for all.
I pray that we all get sorted sooner, so we can start focusing on other important aspects of our careers and family lives.
_____________________for those very concerned____________________
It is easy to tell others to be cool headed to think rationally, but we all agree that its true -so let us try doing so.
I personally believe that most folks shall still be fine - this includes a lot of consulting company folks. We all (everyone having/renewing/aspiring H1) need to start collecting all documentary evidences as mentioned in the memo.
If you do not already do so - start following the guidelines for what USCIS considers as proof of Employer-employee relationships - exchanging weekly status e-mails, work assignments, etc. Also please remember to save these documents more securely (possibly at more than a single location). There could be a few more hassles, for example requesting access to old deleted e-mails from server backups. Start working to get yourself copies of service level agreements and contracts between the various layers of consulting companies - after seeing this memo most HR staff would get cooperative. Provide copies of the memo to your consulting companies sales and placement staff - as they would not want to loose their commissions and thus would help persuade your managers and HR staff to start complying.
_____________________________________________
Best Wishes for all.
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qvadis
12-13 05:28 PM
Folks,
Since this can potentially be a great win for us, why don't we take the advice of a top constitutional attorney.
Note that it would certainly not benefit the other 60%+ from countries other than India that are also stuck in various steps (EB3, name check). So, unless you want IV to stand for IndiaVoice, you should concentrate your admirable effort on increasing the overall quota (with increased per-country quota), excluding dependents, etc.
Since this can potentially be a great win for us, why don't we take the advice of a top constitutional attorney.
Note that it would certainly not benefit the other 60%+ from countries other than India that are also stuck in various steps (EB3, name check). So, unless you want IV to stand for IndiaVoice, you should concentrate your admirable effort on increasing the overall quota (with increased per-country quota), excluding dependents, etc.
more...
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ivar
08-16 01:44 AM
[QUOTE=Mr. Brown;689396]While proponents would mask this whole backlog issue as something purposefully done by the "system" I don't buy it. It is a proven disaster.
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jkays94
05-10 12:56 AM
Do I have to go to a local police station and ask for FBI finger print card?
can someone in detail tell me how this finger print/background check should be done in the US?
Yes, although the State Police HQ, if nearby, might be a better choice since they routinely may do background checks for certain professions. In case your country requires your fingerprints, take 3 sets of prints on the FBI cards, two for the FBI that way incase there is an issue with any of the prints it will save you time incase of an issue. Note you can also indicate on the FBI cover letter to expedite it, which will make it take about 3 - 4 weeks.
Also note that the Canadian process requires the prints to be no more than 6 months old when submitted. If you do this after the submission is done, then it might be a good idea to wait 3 months after the acknowledgement of the reciept of the application to send in the FBI request. This will save you some time as opposed to waiting till the consulate requests. Its important to note that some applications can take up to two years and others as short at 9 months if you have everything in order. Keep this in mind when requesting the FBI check. Follow the instructions at the link below :
http://www.fbi.gov/hq/cjisd/fprequest.htm
can someone in detail tell me how this finger print/background check should be done in the US?
Yes, although the State Police HQ, if nearby, might be a better choice since they routinely may do background checks for certain professions. In case your country requires your fingerprints, take 3 sets of prints on the FBI cards, two for the FBI that way incase there is an issue with any of the prints it will save you time incase of an issue. Note you can also indicate on the FBI cover letter to expedite it, which will make it take about 3 - 4 weeks.
Also note that the Canadian process requires the prints to be no more than 6 months old when submitted. If you do this after the submission is done, then it might be a good idea to wait 3 months after the acknowledgement of the reciept of the application to send in the FBI request. This will save you some time as opposed to waiting till the consulate requests. Its important to note that some applications can take up to two years and others as short at 9 months if you have everything in order. Keep this in mind when requesting the FBI check. Follow the instructions at the link below :
http://www.fbi.gov/hq/cjisd/fprequest.htm
more...
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go_guy123
05-10 01:04 AM
You are right on the mark. Need to be physically present 2 years of the next 5 years for your immigration status to be alive in Canada,
Yes true you might as well stay for 3 years and be eligible for citizenship.
Yes true you might as well stay for 3 years and be eligible for citizenship.
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JunRN
09-23 12:29 PM
I think the $700 billion bail-out will just go down the drain and will be lost due to market speculation...stocks will spike but then will go back to its lows or even lower....and then, check-mate!
it's like a band-aid to a big wound.
it's like a band-aid to a big wound.
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santb1975
02-12 10:56 PM
How about everyone who came up with this idea on this thread. Why should IV core or murthy or someone do this ?
Legal
07-21 10:32 PM
vdlrao, Thanks for the great analysis.
I am using DOS visa statistics and I arrived at EB quota numbers for 2008 as 162,707. There were 22,707 unused FB visa's in 2007 based on the DOS visa statistics @ http://travel.state.gov/visa/frvi/statistics/statistics_1476.html
Typically the actual EB quota for the FY is revised in the September bulletin. I am not sure if DOS has already taken into account the new EB quota number for the Aug bulletin. If they hadn't taken into account the new quota number then we should see some forward movement in the Sep bulletin.
However the 28,795 AC-21 recaptured visa's U are talking about has already been used in 2002, please take a look at the below mentioned link for details regarding the usage of those visa's.
http://travel.state.gov/pdf/FY2003%20AppD.pdf
All the AC-21 recaptured visa's has been used by now.
It does look like all the AC21 numbers have been used up. Even if you don't take this into account, there are 40,000 + visa numbers available for use before Sep 30th.
Since we have been conditioned to receive only bad news for the past 3 years, we find it hard to believe. If this happens, EB-2 will get a good kickstart and with spillovers happening each quarter the dates should keep moving which vdlrao has been saying all along.
I also suspect among the 3 Llofgren bills, even if only the per-country quota elimination bill could be enacted, enough numbers may reach some long suffering EB3 India members.
I am using DOS visa statistics and I arrived at EB quota numbers for 2008 as 162,707. There were 22,707 unused FB visa's in 2007 based on the DOS visa statistics @ http://travel.state.gov/visa/frvi/statistics/statistics_1476.html
Typically the actual EB quota for the FY is revised in the September bulletin. I am not sure if DOS has already taken into account the new EB quota number for the Aug bulletin. If they hadn't taken into account the new quota number then we should see some forward movement in the Sep bulletin.
However the 28,795 AC-21 recaptured visa's U are talking about has already been used in 2002, please take a look at the below mentioned link for details regarding the usage of those visa's.
http://travel.state.gov/pdf/FY2003%20AppD.pdf
All the AC-21 recaptured visa's has been used by now.
It does look like all the AC21 numbers have been used up. Even if you don't take this into account, there are 40,000 + visa numbers available for use before Sep 30th.
Since we have been conditioned to receive only bad news for the past 3 years, we find it hard to believe. If this happens, EB-2 will get a good kickstart and with spillovers happening each quarter the dates should keep moving which vdlrao has been saying all along.
I also suspect among the 3 Llofgren bills, even if only the per-country quota elimination bill could be enacted, enough numbers may reach some long suffering EB3 India members.
satyasaich
09-23 11:49 AM
First of all, IV is all about us. Any kind of change / help that brings positive changes to EB community shall always be welcome.
So far number of efforts have been made, and many times we were defeated by our anti-immigrant friends for so many reasons. But take a look at the following
http://blogs.wsj.com/economics/2008/08/13/greenspan-excerpts-housing-stabilization-key-to-crisis-end/
It's not about ignoring any specific group of EB immigrants.
Thanks
Satya
Most of us are waiting in line for years by sacrificing their career growth and earnings with the so called consulting companies. what for? To get a green card by buying a home here? Is it sensible? common. Bring some common solution to everybody, not for few. If you want to leave some IV members behind, then you may continue with this idea. your proposal DOES NOT MAKE ANY SENSE to me.
So far number of efforts have been made, and many times we were defeated by our anti-immigrant friends for so many reasons. But take a look at the following
http://blogs.wsj.com/economics/2008/08/13/greenspan-excerpts-housing-stabilization-key-to-crisis-end/
It's not about ignoring any specific group of EB immigrants.
Thanks
Satya
Most of us are waiting in line for years by sacrificing their career growth and earnings with the so called consulting companies. what for? To get a green card by buying a home here? Is it sensible? common. Bring some common solution to everybody, not for few. If you want to leave some IV members behind, then you may continue with this idea. your proposal DOES NOT MAKE ANY SENSE to me.
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