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Monday, June 20, 2011

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  • reddymjm
    09-10 01:38 PM
    Here is a brief calculation of EB2 Demand till date (Today's Date)
    The total demand till date is ~ 120K which is
    Demand up to Aug 2007 = 45K
    Sep 2007 to Dec 2008 = 16 * 2.5K Perm Month = 40K
    Jan 2009 to Oct 2010 = 22 * 1.5K per month = 33K
    New PD porting after Aug 2007 (Current Eb3 Inventory is 60K till Aug 2007) = 10K
    Total 45 + 40 + 33 + 10 = 128K. This may be inflated but it is atleast 120K.

    By giving these numbers I don�t mean to scare anybody but it�s better to have a tryst with true reality rather than be ignorant. It is better to have an understanding of the backlog rather than feeling bad VB after VB, nothing will change soon because the backlog is so huge.

    If you look at the numbers it is very unlikely that EB2 will literally become current any time soon, the end of the pre-adjudicated numbers is just a tipping point and when this happens anything could happen 1) Make dates current (I personally welcome that atleast everybody gets a chance to file for I485) 2) Keep accepting applications in a controlled manner so as to approve in quarter or year. 3) Grant spillover to EB3 ROW (EB3 ROW backlog is so huge like EB2 - I in the same range 100-120K that the spillover will disappear in no time, also note that EB3 ROW incremental demand is much higher than EB2 ROW).
    The spillover is a happening of the present time when the economy is bad, the moment this changes everything will disappear and there will be no difference between EB2 and EB3 if you belong to a retrogressed country we will all be at 3K Per annum and EB5 contribution if any will be consumed by PD porting which will increase manifold as EB3-I folks waiting for 10 years is simply unacceptable, currently there a 60K folks here just till 2007. I strongly favor porting waiting for 10 years is unacceptable. Also being without EAD / AP is very hard, great that we have a IV campaign initiated for this the efforts in this direction are laudable. Actually as Pappu, Admin2 and others have been saying EB3-EB2 even though may be relevant now is actually meaningless this is relevant only in this temporary phase of time fighting on these lines will not help to attain any objective rather it will kill chances of EB3 friends with later PD to port. The biggest issue is the per country limits which equate talent pools like India and China and give them the same cap as countries which have 1/1000th population, if they cannot be eliminated atleast should be proportionate to population for larger countries and be at 7% for the smaller ones. PS - I have nothing personal against ROW friends.

    If USCIS wants to do another JULY 2007 they never learnt their lession. With the Quarterly/annual quota I dont think USCIS legally can make EB2 current. I hate another JULY 2007 for sure.





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  • desi3933
    01-30 11:05 PM
    Will she get paid starting Feb 1st? If no, why not. Please explain.

    She wont get paid starting Feb 1 but there is an option to get paid from Feb 1 - April 20 as she accumulated some $ when she was working and after April 20 she will be on maternity leave which will be unpaid.

    To answer why she will not get paid - she does not have a project right now and dont even plan to find one....(bad economy and no one will be willing to employ a preg. female who will need 6-8 week vacation after 2 month of hire)

    Will she on unpaid leave? Yes.

    Will she still be Full Time Employee? For the employer C which is a desi consulting firm she is a FTE but you know how the consulting business works........as long as you are on project you get your salary and the day you are not on the project you dont get a dime.

    On H1 Status, one must be working full time and should be paid salary even if s/he is on benching. Three month maternity leave should be ok, but 6 months of unpaid leave will be very difficult to explain.

    You should seriously consider changing status to H4, if that is an option.

    In Nov, she can re-enter on H1 visa to come back to H1 status.

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin





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  • karan007
    03-07 05:09 AM
    I am in the same boat. Consulted 2 attorneys, both of them provided very different overview. As per one using AC21 was very easy, didn't require much paperwork from employer (letter of employment with job responsibilities). The other one suggested that the new employer needs to support the green card process & made it sound like serious work.

    Another interesting note was, the attorney who mentioned it was easy, would have charged $500 for the process vs $2500 + expenses. So kind off figured that one has to justify charge $2,500, hence the additional paperwork, etc (scare factor).

    I did some research over the web. Came to the conclusion that utilizing AC21 is pretty simple. I am moving forward with it and starting my new job in April.

    Since this is a big decision, I would suggest that you get a second opinion

    Good Luck...





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  • delhiguy
    07-09 03:43 PM
    I was surprised to see that nowhere it was mentioned that USCIS processed 25k petitions over the weekend (or nearly 60k in 2 weeks) as reported by some USCIS officials last week and in many cases broke their own regulations by approving several cases with pending background/name checks. That definitely sounds to me like a conspiracy against July filers....In my view, that should have been one of the strongest points we can use against USCIS. I dont think we have a case against DOS as they had to revise the bulletin as USCIS requested more than available Visa numbers and exhausted the quota.....Even Dr. Rice made it clear in her NBC interview from the DOS perspective that revision of visa bulletin caused an "inconvenience" to the petitioners....


    I dont think legally you can sue someone, because they have worked harder.
    I posted this link , so that everybody may know the legal reasons, which we can be presented in a court of law.

    If this lawsuit is accepted by the court , then the USCIS lawyers would tell what exactly happened.

    I till now personally believe , that the USCIS/DOS hasnt broken any law.
    They may have however changed a pettern,process , but no law has been broken.



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  • tinamatthew
    07-24 01:52 PM
    should such people just wait hoping they will receive an RFE (I don't like this one at all) whenever the case is opened? TINA WROTE: For initial evidence items I believed that it would be automatically rejected if not included, HOWEVER, with the new press release from USCIS on July 23, if i-485s WITHOUT medical reports will be accepted, then what is an employment letter? abhijitp WROTE: I hope that is true. AILA seems to be working on this. I am happy to believe it if USCIS issues a press release to that effect... high hopes:-)
    pls find above the answers.

    USCIS has released a press release July 23, 2007. Check QUESTION 13

    http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf





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  • jsb
    08-11 09:21 AM
    We need our messiah VLDRAO...
    He s the MANNNN...
    he predicted July 2007 fiasco and then he was the guy who fought for us...
    VLDRAOOO where are you...
    Please make dates current for everybody...

    Making dates current for everybody will benefit new members (those could not file in July/Aug 07). For you with Nov 04 PD in EB2, and others waiting with I-485 filed, it will create a chaos. USCIS folks will get green to pick any file at random and issue GC's, then we all be unhappy.

    They should move cutoff dates in an orderly manner without retrogressing them in the future. Retrogression pains more than no or little cutoff date movement.



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  • techmia
    07-01 04:40 PM
    Everyone is busy partying.





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  • Lasantha
    03-07 10:26 AM
    Is it true that in some cases after you file for AC21, CIS would send a RFE for the financial details of the new company (to stablish that the new company can pay you - company tax details).

    I think I heard this on the last IV attorney conference call with Attorney Prashanti. So if that's is true, what if the company does not want to send this kind of confidential information to a third party attorney (your attorney)?

    Or if the company is a big one they may not want to help you with these details at all. You know, they may not want to be bothered with that sort of hassle.

    Have any of you heard of a case where CIS asked for ability to pay supporting information for AC21?



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  • crazyghoda
    01-16 04:27 PM
    My layoff was much less traumatizing at the instant.

    I was in India on vacation and one fine day I check my work email to see an email that I was let go a day earlier with 2 weeks of severance.

    Luckily I had my AP with me which is what I used to return back instead of the H1. Needless to add my entire remainder of the vacation was ruined in between obsessing about how to come back (try using the H1 even though laid off or use the AP and face secondary inspections) and applying to new jobs.

    Well I am back now and looking everywhere. Hopefully something should click soon.

    All the best guys!





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  • sledge_hammer
    06-19 04:59 PM
    Do we use form G-325 or G-325A?



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  • indrachat_75
    06-30 09:57 PM
    Does anyone know if Fedex or anyone accepts mails on Sunday to be delivered on Monday morning ? Please advice ASAP.

    Thanks
    Indra





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  • kaisersose
    03-19 11:21 AM
    If Ron Gotcher's logic works, consular processing may be more quicker for India/China EB2.

    He says USCIS does not work fast enough to adjudicate 140k cases a year. They only do about 85K. But DOS is clear that they want all 140k visas used up. The result is PDs will be advanced forward and the balance numbers will be used by consular posts.



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  • eeezzz
    02-15 02:57 PM
    Why are you in favour of per country quotas, having been born in an oversubscribed country? Are you a glutton for punishment? Do you enjoy waiting 6 years more than an equally qualified counterpart from another country who moves onto bigger and better jobs while you rot in the same position and pay grade for years?

    Per country rationing is discriminatory for EB migration. The best jobs should go to the best people, regardless of national origin, race, or religion - this basic principle is enshrined in employment law, but when it comes to EB migration, it is disregarded! It is not about "giving everyone an equal chance" - this is not a charity, this is a business, and in business, only the best and the brightest get those jobs.
    I believe HV000 is either favor of per country quotas, nor is he a glutton for punishment. He sees the concept and current rule of this country, not just himself.
    Your the other post said you just want GC in a shorter time. Can I ask you who want GC in a longer time or who doesn't want it in a shorter time?
    Who determine the best jobs are? and who determine the best people are?
    The "Equal Opportunity" word is really for Americans to read. Until you get your GC, that is not really for you.
    Think about this, if the annual limit is 100, the country limit is 7%. Because it has processed 7 people so it closes the door and you think that is not fair. Do you take a look at the others who have to wait in line because 100 limit is hit even thought there's not one single case is approved for his country? USCIS is not processing one for each country at a time. Do you know your line is actually might already taken advanatge on other lines?
    State this is not for fight something, but want to remind you the fair you think might not be fair to others. If you want to play the game, you have to follow the rules. If the rules are not clear, we fight for making clear rule. If you fight for rules to benefit you, that is taking advantage on others.

    Increase the annual limit and recapture unused Visa from the past years are what we should push right now. But it is just a solution for only resolve problem for people who are currently stuck in I-485. After run out of recaptured Visa, the pipe will get stuck again.

    I personally think the country limit will not change and if country limit is the policy, it should start at PERM, not just at I-485.





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  • makemygc
    06-10 06:40 PM
    My wife is working with a company "A" in India and have filed for H1 through a company "B" in USA.
    Currently she does not have any VISA.


    Can her current company "A" apply for L1 and she can come to USA on L1?
    And suppose she can come to US on L1 through company "A", What happens if her H1 gets approved through Company "B", Can she still continue
    working for Comapny "A".?


    Thanks in Advance.
    -Moti
    As far as I know L1 has no affect on the H1 filing. She can come US on L1 and if her H1 gets approved, she can continue to work on L1 with company A. To tranfer to H1, she has to go out of US and then re-enter after getting H1 visa stamped. This is based on my understanding and few of my friends who have done that. They were in US on L1 but filed their H1 through another company.



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  • srkamath
    07-20 09:31 PM
    If you glance at the Job title column you would see there are unusually large number of certified case with title like "curry chef ,COOK, cashier, clerk, butcher, Automobile Mechanic". And Obviously they are not in EB2 Cat.
    So the numbers will very less than your estimate.

    Thanks, you are right.....
    I guess then the number is somewhere in between.
    Maybe a lot of people are getting the labor cert done with the hopes of getting an EAD, for occupations such as cooks etc...just curious..





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  • thomachan72
    07-05 04:46 PM
    Money never, never comes last, IMHO. Money does have its place right beside grass root efforts. Any one who undermines either of them at any time is making a huge mistake.

    I am scratching my head to figure out how IV benefits with non paying members? If you say that by being a member of IV, we have done the honors, I have no answer for you. If you say that we all boast about being a 15K member org, You can pass on me. Are you a proponent of "I dont care how IV benefits from me, All that I care for is if I got my question answered or not " thought process? As long as we see IV only as a forum and compare with other forums, we will never see the invaluable difference. while eulogizing the founders, also try to see what they would like us to do. I am positive they would love more contributions than a simple eulogy so that we can enable ourselves with more ammo. Thanks for the undeserved pat. I will be happy if people take a moment and introspect their stand on this issue.
    Friend I dont disagree with you regarding the value of money but we should think in the context of the current situation, right? The CIR is gone for now. It may / may not come back in 2009, who knows. Now we have the 485 filing crisis. You said we have 15000 members. How many of these are actually affected by the current crisis?? I can tell about one person, myself, certainly I am not affected directly. Now if lets say 20% are affected that would be 3000, right? Do you know how many people applied for 485 this time, it certainly is in the 100K or much more numbers. Now if we start being very critical of the few here (approx 3000), who have not contributed, we are making a mistake. I may be completely wrong on these numericals. Lets hope everybody contributes (if IV actually needs fund urgently). Atleast regarding the present crisis we are fortunate the AILF is taking up the case for FREE. People who want to contribute can through IV or even directly. I dont think contribution is going to make a difference here. This is not a lobbying effort involving the pattonbog, this is a legal case in which we are just joining.



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  • h1b_forever
    03-09 12:31 PM
    Looks like
    April 2008 - 01 oct 2001
    April 2009 - 01 Nov 2001
    April 2010 - 01 Dec 2001

    and so on...

    We will def get our GC this century if we are lucky





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  • roseball
    07-09 03:35 PM
    I was surprised to see that nowhere it was mentioned that USCIS processed 25k petitions over the weekend (or nearly 60k in 2 weeks) as reported by some USCIS officials last week and in many cases broke their own regulations by approving several cases with pending background/name checks. That definitely sounds to me like a conspiracy against July filers....In my view, that should have been one of the strongest points we can use against USCIS. I dont think we have a case against DOS as they had to revise the bulletin as USCIS requested more than available Visa numbers and exhausted the quota.....Even Dr. Rice made it clear in her NBC interview from the DOS perspective that revision of visa bulletin caused an "inconvenience" to the petitioners....





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  • dealsnet
    06-01 09:40 PM
    Headed to Canada, Mexico, Bermuda or the Caribbean? Here's a tip: Take your passport to avoid a headache coming home.


    U.S. and Canadian citizens must present approved ID at land and sea borders

    The rule was scheduled to take effect more than a year ago

    Some business and tourism groups fear that regulations will hurt business

    U.S. border officials say electronic passport readers should expedite traffic



    READ MORE

    http://www.cnn.com/2009/TRAVEL/06/01/us.canada.border.rules/index.html





    abhijitp
    08-03 08:26 PM
    abhijitp,
    Thanks for the update and good to know that we will get an RFE and not a rejection for our EVL.
    But on (2), what if we already have an A# from our approved I-140? Is there any other way to know that our application has been accepted??
    Actually receiving the I-485 RN implies no rejection, only RFE, that is what the service representative told me about.





    rimzhim
    04-04 03:54 PM
    So, only "US-educated folks" are entitled for H1? Is that what you are saying? And only that is a principled stand and rest everything is falsehood?
    IEEE believes that ppl educated in the US should not be sent back and should actually stay here. I agree with that stance. After all, they want what is best for ppl born here and those who have been educated here. It is IEEE-USA :)



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