trueguy
02-26 12:01 PM
Forget about LIFO or FIFO, this year EB2 won't be getting enough visa's from spill-over. They would be giving majority of spill-over to EB3-ROW/I/C and EB2 would be getting very small fraction. And how's that is possible for that they would play around the law ( by making EB2 current).
Thanks'
MDix
On what basis you are saying that? Do you have any data/links to support this?
Thanks'
MDix
On what basis you are saying that? Do you have any data/links to support this?
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shukla77
06-11 04:59 PM
Now people are going to use this site to sell mangos, T shirt, skirts, coconuts.... etc ..:D Thats the only thing we needed other than usual bickering..
Anybody wants Indian mangoes?
Anybody wants Indian mangoes?
pappu
08-08 10:20 AM
Everyone,
I have recieved only one op-ed from yabadaba . Several people had promised. This is a reminder to everyone and anyone new on this forum.
For those who want to know what an op-ed is pls visit
http://en.wikipedia.org/wiki/Op-Ed
en.wikipedia.org/wiki/Op-Ed
thanks
I have recieved only one op-ed from yabadaba . Several people had promised. This is a reminder to everyone and anyone new on this forum.
For those who want to know what an op-ed is pls visit
http://en.wikipedia.org/wiki/Op-Ed
en.wikipedia.org/wiki/Op-Ed
thanks
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SunnySurya
09-15 11:39 AM
I am with you and willing to share the cost.
People, most of us here are just afraid that they will get red dots, be ridiculed for their beliefs. But the things is; If we don't fight for our rights, who will. We have to defend our place in the queue, which at the moment is at substantial risk.
I want everybody to get their GCs. but now interfiling/porting is hurting out position in the queue.
If you are not aware, a good bunch of EB3s are now trying to interfile & port their PDs which are between 2001 - 2005 to EB2.
This will potentially put tens of thousands of people in the EB2 queue before most people in EB2 who are waiting.
These people were not eligible for EB2 when they filed their own labor.. so they should NOT BE ALLOWED TO PORT THEIR OLD PDs. Sure EB3 can Interfile .. but you will get a new PD ... the date you interfile.
If we just keep looking... there will be a huge retrogression in EB2. And its not like these EB3 people will get through with the interfiling/porting. Most of them will be issued RFEs. Their labor apps will be audited and their primary EB3 apps will be cancelled. Infact, 85% of interfiling will never successfully make it through. And its not like it will help the EB3 brothers. That queue will still be long... because they are not going to withdraw their EB3 apps.
Also, while they will not succeed in interfiling/porting, they still will have their apps with USCIS and USCIS will sit on them before eventually issuing NOID. Sad part is they will count these when giving numbers to DOS for setting visa bulletins.
This PD porting is the last "not so ethical & legal" thing after labor substitution.. that we need to Put a cork on.
If we don't act now... then we can all expect to stay in AOS for the next 5 years. This holds for both EB2 and EB3.
I want everybody to get their GCs. I also am OK with the wait.
But anything that threatens my position in the queue is not acceptable.
People, most of us here are just afraid that they will get red dots, be ridiculed for their beliefs. But the things is; If we don't fight for our rights, who will. We have to defend our place in the queue, which at the moment is at substantial risk.
I want everybody to get their GCs. but now interfiling/porting is hurting out position in the queue.
If you are not aware, a good bunch of EB3s are now trying to interfile & port their PDs which are between 2001 - 2005 to EB2.
This will potentially put tens of thousands of people in the EB2 queue before most people in EB2 who are waiting.
These people were not eligible for EB2 when they filed their own labor.. so they should NOT BE ALLOWED TO PORT THEIR OLD PDs. Sure EB3 can Interfile .. but you will get a new PD ... the date you interfile.
If we just keep looking... there will be a huge retrogression in EB2. And its not like these EB3 people will get through with the interfiling/porting. Most of them will be issued RFEs. Their labor apps will be audited and their primary EB3 apps will be cancelled. Infact, 85% of interfiling will never successfully make it through. And its not like it will help the EB3 brothers. That queue will still be long... because they are not going to withdraw their EB3 apps.
Also, while they will not succeed in interfiling/porting, they still will have their apps with USCIS and USCIS will sit on them before eventually issuing NOID. Sad part is they will count these when giving numbers to DOS for setting visa bulletins.
This PD porting is the last "not so ethical & legal" thing after labor substitution.. that we need to Put a cork on.
If we don't act now... then we can all expect to stay in AOS for the next 5 years. This holds for both EB2 and EB3.
I want everybody to get their GCs. I also am OK with the wait.
But anything that threatens my position in the queue is not acceptable.
more...
vbkris77
12-10 04:17 PM
HOW IS THE PER-COUNTRY LIMIT CALCULATED?
Section 201 of the INA sets an annual minimum Family-sponsored preference limit of 226,000, while the worldwide annual level for Employment-based preference immigrants is at least 140,000. Section 202 sets the per-country limit for preference immigrants at 7% of the total annual Family-sponsored and Employment-based preference limits, i.e. a minimum of 25,620.
- The annual per-country limitation of 7% is a cap, meaning visa issuances to any single country may not exceed this figure. This limitation is not a quota to which any particular country is entitled, however. The per-country limitation serves to avoid monopolization of virtually all the visa numbers by applicants from only a few countries.
- INA Section 202(a)(5), added by the American Competitiveness Act in the 21st Century (AC21), removed the per-country limit in any calendar quarter in which overall applicant demand for Employment-based visa numbers is less than the total of such numbers available. In recent years, the application of Section 202(a)(5)has occasionally allowed countries such as China-mainland born and India to utilize large amounts of Employment First and Second preference numbers which would have otherwise gone unused.
WHAT ARE THE PROJECTIONS FOR CUT-OFF DATE MOVEMENT IN THE FAMILY PREFERENCES?
Cut-off date movement in most categories continues to be greater than might ordinarily be expected, and this is anticipated to continue for at least the next few months. This is because fewer applicants are proceeding with final action on their cases at consular posts abroad, and the volume of CIS adjustment cases remains low. Once large numbers of applicants begin to have their cases brought to final action, cut-off date movements will necessarily slow or stop. Moreover, in some categories cut-off date retrogression is a possibility. Therefore, readers should be aware that the recent rate of cut-off date advances will not continue indefinitely, but it is not possible to say at present how soon they will end.
WHY DID MOST EMPLOYMENT CUT-OFFS REMAIN UNCHANGED IN RECENT MONTHS?
Many of the categories were "unavailable" at the end of FY which resulted in excessive demand being received during October and November. Coupled with the fact that CIS Offices have been doing an excellent job of processing cases, this has had an impact on cut-off date movements. Some forward movement has begun for January as we enter the second quarter of the fiscal year.
In my view CIS is not processing the applications fast enough to be using the benefits of INA Section 202(a)(5). We need to understand reasons behind this. Per the official bulletin, it is clear that if CIS can process them fast enough, we could see a movement of EB2 till end of the 2005. How many times should CIS pre-adjudicate before actually approving the EB AOS applications?
State made a good start to give an explanation for these dates. But they still didn't consider DOL application volume and CIS processing bottlenecks in processing AOS cases. IV needs to ask CIS on processing capacities of AOS applications. If they can't process them fast enough, They need to open up the AC-140 process for India (it is available only for Bombay) centers to get the cases approved by state department in a much faster way.
Section 201 of the INA sets an annual minimum Family-sponsored preference limit of 226,000, while the worldwide annual level for Employment-based preference immigrants is at least 140,000. Section 202 sets the per-country limit for preference immigrants at 7% of the total annual Family-sponsored and Employment-based preference limits, i.e. a minimum of 25,620.
- The annual per-country limitation of 7% is a cap, meaning visa issuances to any single country may not exceed this figure. This limitation is not a quota to which any particular country is entitled, however. The per-country limitation serves to avoid monopolization of virtually all the visa numbers by applicants from only a few countries.
- INA Section 202(a)(5), added by the American Competitiveness Act in the 21st Century (AC21), removed the per-country limit in any calendar quarter in which overall applicant demand for Employment-based visa numbers is less than the total of such numbers available. In recent years, the application of Section 202(a)(5)has occasionally allowed countries such as China-mainland born and India to utilize large amounts of Employment First and Second preference numbers which would have otherwise gone unused.
WHAT ARE THE PROJECTIONS FOR CUT-OFF DATE MOVEMENT IN THE FAMILY PREFERENCES?
Cut-off date movement in most categories continues to be greater than might ordinarily be expected, and this is anticipated to continue for at least the next few months. This is because fewer applicants are proceeding with final action on their cases at consular posts abroad, and the volume of CIS adjustment cases remains low. Once large numbers of applicants begin to have their cases brought to final action, cut-off date movements will necessarily slow or stop. Moreover, in some categories cut-off date retrogression is a possibility. Therefore, readers should be aware that the recent rate of cut-off date advances will not continue indefinitely, but it is not possible to say at present how soon they will end.
WHY DID MOST EMPLOYMENT CUT-OFFS REMAIN UNCHANGED IN RECENT MONTHS?
Many of the categories were "unavailable" at the end of FY which resulted in excessive demand being received during October and November. Coupled with the fact that CIS Offices have been doing an excellent job of processing cases, this has had an impact on cut-off date movements. Some forward movement has begun for January as we enter the second quarter of the fiscal year.
In my view CIS is not processing the applications fast enough to be using the benefits of INA Section 202(a)(5). We need to understand reasons behind this. Per the official bulletin, it is clear that if CIS can process them fast enough, we could see a movement of EB2 till end of the 2005. How many times should CIS pre-adjudicate before actually approving the EB AOS applications?
State made a good start to give an explanation for these dates. But they still didn't consider DOL application volume and CIS processing bottlenecks in processing AOS cases. IV needs to ask CIS on processing capacities of AOS applications. If they can't process them fast enough, They need to open up the AC-140 process for India (it is available only for Bombay) centers to get the cases approved by state department in a much faster way.
gk_2000
08-23 02:45 PM
How about people are using it as a loop hole and smack you down. Just because you have the option, it does not mean the right thing.
It is not the right thing -- from your perspective, because you can't take advantage of it. From the USA point of view multinational executives can potentially create jobs and that's why they must be allowed
You may call it "loophole", based on your understanding of it. However the reality may be different and larger than what you see. So don't axe the branch you are sitting on!
It is not the right thing -- from your perspective, because you can't take advantage of it. From the USA point of view multinational executives can potentially create jobs and that's why they must be allowed
You may call it "loophole", based on your understanding of it. However the reality may be different and larger than what you see. So don't axe the branch you are sitting on!
more...
agr
08-12 09:29 PM
Just curious to know .. Does this law apply to renewals as well or just new H1B applications ?
Thanks --agr
Thanks --agr
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Libra
09-10 04:55 PM
thank you.
I contributed whatever I can. Please contribute your part.
I contributed whatever I can. Please contribute your part.
more...
ashutrip
06-21 11:36 AM
Checked with my lawyer. 20 cases pending since January. Atlanta..
My Labor was filed April 15th, 2007. EB2. 'In process'.
u mean 20 for the month of january?
My Labor was filed April 15th, 2007. EB2. 'In process'.
u mean 20 for the month of january?
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LostInGCProcess
09-05 04:21 PM
The unbelievable growth in India made me explore a bit in terms of investments, ended up with the financial advise and recommendation from experts that we cannot directly invest in equity as an NRI. Only investment allowed it seems, for NRI is in real estate. Not sure whether this is true. There holds the surprise I could not add up the numbers in real-estate in India. Real estate in India is darn expensive even by international standards (with per capita GDP of $700->$2500 per annum).
Flats in Indian hub cities: 2-bedroom, 1000 sq ft apartment for average $200,000-$300,000 and above. (www.99acres.com) Condos in most major metros in USA: 2-bedroom, 1000 sq ft average $200,000-$300,000 (google housing)
Given that, median income in US is 50 times more than India. I thought the Indian cities are up in bubble. Next, look at agricultural land prices.
Agricultural land in Northern part of India is average $50000 - $250,000 per acre (www. 99acres.com) where in east, west and south is about $20000-$200,000. In Villages its about $15000 to $50000 per acre.
Agricultural land in US is in the range of $6000-$15000 per acre. ($12,000 per acre in NJ, $6,000 per acre in California and $8,000 per acre in Florida. From USDA website)
Now You can do the math. Commercial land is even more expensive in india.
The reason, people say, population density. Now lets look at this factor, the density in India is much higher than USA. But, compare to NJ, NJ is actually slightly more densely populated than most states in India. Real estate is regulated by government in India that prevents easy buying and selling and land survey records are not properly maintained which makes it easy to bump up the price.
Can someone explain to me how in the world, the farmers in India who make less than $1000 per annum continue to own land that is valued at several $100K? How many can afford a home in that country?
Is this what economic experts call "bubble"? I believe there needs to be a correction in the market in India to avoid a disaster.
very good analysis !!! I took the liberty to copy your column and emailed to my friends... I however mentioned as Quote in my email...i hope you don't mind !! As a payback, I gave you a green ;)
Flats in Indian hub cities: 2-bedroom, 1000 sq ft apartment for average $200,000-$300,000 and above. (www.99acres.com) Condos in most major metros in USA: 2-bedroom, 1000 sq ft average $200,000-$300,000 (google housing)
Given that, median income in US is 50 times more than India. I thought the Indian cities are up in bubble. Next, look at agricultural land prices.
Agricultural land in Northern part of India is average $50000 - $250,000 per acre (www. 99acres.com) where in east, west and south is about $20000-$200,000. In Villages its about $15000 to $50000 per acre.
Agricultural land in US is in the range of $6000-$15000 per acre. ($12,000 per acre in NJ, $6,000 per acre in California and $8,000 per acre in Florida. From USDA website)
Now You can do the math. Commercial land is even more expensive in india.
The reason, people say, population density. Now lets look at this factor, the density in India is much higher than USA. But, compare to NJ, NJ is actually slightly more densely populated than most states in India. Real estate is regulated by government in India that prevents easy buying and selling and land survey records are not properly maintained which makes it easy to bump up the price.
Can someone explain to me how in the world, the farmers in India who make less than $1000 per annum continue to own land that is valued at several $100K? How many can afford a home in that country?
Is this what economic experts call "bubble"? I believe there needs to be a correction in the market in India to avoid a disaster.
very good analysis !!! I took the liberty to copy your column and emailed to my friends... I however mentioned as Quote in my email...i hope you don't mind !! As a payback, I gave you a green ;)
more...
billu
09-01 10:17 PM
I'm only posting a response cause my response is sad and funny at same time. No one's beat me yet???
Came in Dec 1990
Been on various visas including F1 (grad and undergrad) and H1.
Didn't get to file GC till 2007 unfortunately...
i think u beat them all hands down.....my story is landed in jan 2004 for M.S.....started job in april 2005.....employer kept delaying GC through various tactics.....finally i revolted in july 2007 at the time of famous fiasco.......still missed the bus as employer cited 30 day rule, waiting period etc etc.......now with a PD of october 2007 in EB 3 India, I have no hope........those of you who ported successfully from EB3 to EB2, please shed some light on how to do that and what does USCIS look for in EB2 applications.......EB2 is my only hope now....its either EB2 or back to india by december for me....
Came in Dec 1990
Been on various visas including F1 (grad and undergrad) and H1.
Didn't get to file GC till 2007 unfortunately...
i think u beat them all hands down.....my story is landed in jan 2004 for M.S.....started job in april 2005.....employer kept delaying GC through various tactics.....finally i revolted in july 2007 at the time of famous fiasco.......still missed the bus as employer cited 30 day rule, waiting period etc etc.......now with a PD of october 2007 in EB 3 India, I have no hope........those of you who ported successfully from EB3 to EB2, please shed some light on how to do that and what does USCIS look for in EB2 applications.......EB2 is my only hope now....its either EB2 or back to india by december for me....
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diptam
08-20 03:51 PM
Folks,
I sent the email with almost similar content as the hardcopy letter we are talking here and CC 'ed the email to USCIS-COMPLAINT@DHS.GOV as well.
My Subject was : "Complaint about Unfair and Haphazard EB3 I-140 handling at Nebraska(NSC)"
Also i just noticed that USCIS account where i CC'ed came back with a "Out of Office Autoreply" and in the out of office message they said its an inactive account - blah ! blah !.... which gives me a feeling someone is definitely reading the account and its pretty much active but just to avoid burden of replying emails they utilized ( rather mis utilized) the feature in a very Naive manner.
Did anyone else received any reply - i'll post if i receive any reply.
By the way - How about dropping a email to Ombudsman as well , saw in another thread that this approach worked ... TSC and NSC 140 sufferers can put Subject as TSC and NSC accordingly.
cisombudsman.trends@dhs.gov
Let us know how many wrote emails ( in case they couldn't get 7001 from employer) or both email and letter is good to keep the pressure ON !
I sent the email with almost similar content as the hardcopy letter we are talking here and CC 'ed the email to USCIS-COMPLAINT@DHS.GOV as well.
My Subject was : "Complaint about Unfair and Haphazard EB3 I-140 handling at Nebraska(NSC)"
Also i just noticed that USCIS account where i CC'ed came back with a "Out of Office Autoreply" and in the out of office message they said its an inactive account - blah ! blah !.... which gives me a feeling someone is definitely reading the account and its pretty much active but just to avoid burden of replying emails they utilized ( rather mis utilized) the feature in a very Naive manner.
Did anyone else received any reply - i'll post if i receive any reply.
By the way - How about dropping a email to Ombudsman as well , saw in another thread that this approach worked ... TSC and NSC 140 sufferers can put Subject as TSC and NSC accordingly.
cisombudsman.trends@dhs.gov
Let us know how many wrote emails ( in case they couldn't get 7001 from employer) or both email and letter is good to keep the pressure ON !
more...
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Desertfox
03-30 07:03 PM
what about: married filing separately..since both me and my wife are on H1.. we filed separetly last year for some vague reasons!
My guess is that you will probably end up paying more than $600 additional in tax amount.
My guess is that you will probably end up paying more than $600 additional in tax amount.
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Napoleon
03-10 09:38 PM
Question #3 and #4 should conclude this discussion.
Also how do you define an established company.
If I stay employed for 2-3 yrs on my spouse's LLC and bring 200K each year, is that established?
From the above paragraph (quoted on Murthy site), it seems that it would be very much possible to just get self-employed (of course job description should be same and legal).
But here are the Questions:
1). How will USCIS be convinced that the original job offer was really the intended employment at the time the I-140 and I-485 were filed??
2). How do you prove to USCIS that the original job offer was something that you intended to take on getting your GC?
From the below excerpt (same Murthy site and part of above doc)
Ability of New Sponsor to Pay
m
The Memo clarifies that there should not be requests for "ability to pay" proof from the new sponsor as part of the I-140 approval process. However, the Memo does state that it would be appropriate to check the legitimacy of the new employer and the job offer in connection with the I-485 approval. So, the new employer may have to show financial viability and prove that there is a valid job offer in order for the foreign national employee and any family members to obtain the I-485 approval.
Questions:
3).Doesn�t the above mean that USCIS will still check to see if your (lets say) spouse�s company or start-up company has the ability to pay you?
4). So, even though USCIS is saying �Yes� to self employment, will they (excerpt from mandersons musings)
�..ask for 2 yrs of tax filings of future employer to prove that it's an established company (although they are not supposed to bring up 'ability to pay' issue which is already covered in approved 140 -- but being USCIS anything goes...)???
Also how do you define an established company.
If I stay employed for 2-3 yrs on my spouse's LLC and bring 200K each year, is that established?
From the above paragraph (quoted on Murthy site), it seems that it would be very much possible to just get self-employed (of course job description should be same and legal).
But here are the Questions:
1). How will USCIS be convinced that the original job offer was really the intended employment at the time the I-140 and I-485 were filed??
2). How do you prove to USCIS that the original job offer was something that you intended to take on getting your GC?
From the below excerpt (same Murthy site and part of above doc)
Ability of New Sponsor to Pay
m
The Memo clarifies that there should not be requests for "ability to pay" proof from the new sponsor as part of the I-140 approval process. However, the Memo does state that it would be appropriate to check the legitimacy of the new employer and the job offer in connection with the I-485 approval. So, the new employer may have to show financial viability and prove that there is a valid job offer in order for the foreign national employee and any family members to obtain the I-485 approval.
Questions:
3).Doesn�t the above mean that USCIS will still check to see if your (lets say) spouse�s company or start-up company has the ability to pay you?
4). So, even though USCIS is saying �Yes� to self employment, will they (excerpt from mandersons musings)
�..ask for 2 yrs of tax filings of future employer to prove that it's an established company (although they are not supposed to bring up 'ability to pay' issue which is already covered in approved 140 -- but being USCIS anything goes...)???
more...
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xbohdpukc
04-25 01:05 PM
It really becomes ridiculous. You are totally mistaking the purpose of the CIR. It
s not a policy bill, it's a bill about tweaking the existing policy. Giving everyone a priority date based on his/her date of the arrival to the states is to admit that H1b visa is an immigrant visa, which is not. Don't push an envelope too hard, it might backfire in the most unusual way.
s not a policy bill, it's a bill about tweaking the existing policy. Giving everyone a priority date based on his/her date of the arrival to the states is to admit that H1b visa is an immigrant visa, which is not. Don't push an envelope too hard, it might backfire in the most unusual way.
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GayatriS
01-05 08:22 PM
I don't think there are contradictions. I have read his Businessweek articles. He is researching ways for America to remain competetive and believes that skilled immigrants who get permanent residence are the key.
Listen to the last minute of the video and you will see what his message is.
Listen to the last minute of the video and you will see what his message is.
more...
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dreddy
10-05 02:54 PM
first applied in 2002 and changed company in 2006..still waiting to apply 485
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glus
08-12 09:51 AM
I'm asking this question again. Can someone please respond?
Uscis will mark it received on the 3rd. Anyway, what's the difference?
Uscis will mark it received on the 3rd. Anyway, what's the difference?
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Libra
09-10 03:09 PM
thanks manugee for contribution and consideration for rally.
ANGEL
07-29 07:58 PM
hello there,
i was not around for few days,just read your post.KABAYAN!I am also from the Philippines.I am not a derivative from my wife's visa,I am under the sched a category being sponsored by the hospital where my wife is working.i just had my ds230 filed and GOD knows how long is the wait this time.once visa numbers become available,you and your family will be first in line at least.your PD is 2005 so the chances of getting ahead in line is good,just make sure all is flawless,i mean requirements and all.good luck to all of us.where in pinas are you at?
i was not around for few days,just read your post.KABAYAN!I am also from the Philippines.I am not a derivative from my wife's visa,I am under the sched a category being sponsored by the hospital where my wife is working.i just had my ds230 filed and GOD knows how long is the wait this time.once visa numbers become available,you and your family will be first in line at least.your PD is 2005 so the chances of getting ahead in line is good,just make sure all is flawless,i mean requirements and all.good luck to all of us.where in pinas are you at?
diptam
08-07 02:35 PM
Now anyone can put their name in the check and encash it. If the USCIS agent is kind enough he/she would put DHS and then send for encashing...
Didn't your friend go through a Lawyer ?
one of my friends 485 check is signed and mentioned correct amount($395) but he is not written anything where he has suppossed to write department of home land security.
what are the chaces of his 485 get accepted.?
Didn't your friend go through a Lawyer ?
one of my friends 485 check is signed and mentioned correct amount($395) but he is not written anything where he has suppossed to write department of home land security.
what are the chaces of his 485 get accepted.?
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