lonedesi
04-01 05:36 PM
Just sent Fax #11 too
wallpaper alyson michalka nylon may
logiclife
01-09 12:00 PM
Hi,
I am joining new job using AC21 provision coming monday. My new employer does not provide medical insurance for the first month. I am eligible for after I complete 1 month.
So my question is: till the time I get medical coverage from new employer (approx. 20 - 30 days), can I invoke COBRA? I heard that one can not invoke COBRA if he or she is employed (only meant for un-employement) is this true?
Also, should I call my current insurance company for COBRA now, or I can wait if I really need to visit a doctor? is there a grace period for this? Because there is a possiblity that I may never would have to visit a doctor for next 20-30 days, but who knows!
Appreciate your answers.
Firstly, COBRA has pretty much nothing to do with AC21.
COBRA is a law related to job loss or job change to an employer who doesnt offer insurance or job change to a new employer who offers insurance only after a certain time (like one month or so).
I think the previous author is right. From the time you lose/resign from previous job, you have 60 days to fill out the COBRA paperwork. Do that as soon as possible, dont wait for 60 days.
Basics : Basically, what COBRA does is allow you to continue your health insurance (as-is without any changes, you cannot change deductibles or switch from HMO to PPO or vice-versa, whatever you had on last day of work, that would continue) at your own expense and the insurance would now be only between you and the insurance company. Your previous employer would be out of the picture. This can continue until 18 months.
Sometimes there is a third party company that will process the paperwork for your cobra and deal with insurance company. This third party company or service provider is usually retained and hired by your previous employer so that they dont have to deal with COBRA paperwork. Just like many employers outsource payroll paperwork to ADP or Paychex etc. So in that case, you would by asked by your previous employer to contact this service provider who will hook you up on COBRA coverage with existing benefits with your insurance provider.
You would be paying the entire premium amount every month. Basically, it can come down to about 1000-1400 dollars a month for a family of 3-4. Amount depends on state and also on your coverage quality.
Payments : Insurance companies are VERY VERY strict about the timeliness of the payment of insurance. If you are late one time, they will yank your insurance. So if you need COBRA be very very prompt about sending the payments.
Alternative work-arounds (Having it both ways) :):) : Here is what some people do. COBRA payments dont begin until about 45-60 days after you stop working for previous employer. So you have 45 - 60 days until you can get on board with your new employer's coverage.
So for 45 to 60 days, if you get COBRA, and you dont see a doctor, you just spend 1000-2000 dollars for nothing. ON the other hand, if you dont enroll and you are in a car wreck, you will be bankrupt for a long long time to come.
But there is a middle ground. Send in the paper-work and fill out all forms to enroll in COBRA. That way, you are formally enrolled in COBRA. However, before the first premium payment is due, (45-60 days later), you might be already on board with new insurance with new employer. So at that time, if you are already with new insurance and then your first payment is due, just dont send the payment. They will cancel the COBRA immediately. But then you have nothing to lose as you didnt need any coverage in intermediate 45-60 days and now you are already with new insurance.
On the flip side, if you actually need coverage (Doctor appt, surgery, etc) during 45-60 days while you are waiting for new insurance, then please send the first (and probably second payment if neccesary) for COBRA so that you are continously covered and your claims are not denied.
This is totally legal and I was advised to do this by my current company's HR. She said "Wing it". To paraphrase her, if you dont need coverage, then dont send payment and let them cancel. If you need coverage, then send them payment so that you are covered while you needed doctor/hospital. It works. No one likes to send a check of 1000-1500 dollars to insurance company for one month COBRA insurance if you end up not needing any benefits at all during that month. Right?
Links on COBRA :
DOL website info : http://www.dol.gov/dol/topic/health-plans/cobra.htm
I am joining new job using AC21 provision coming monday. My new employer does not provide medical insurance for the first month. I am eligible for after I complete 1 month.
So my question is: till the time I get medical coverage from new employer (approx. 20 - 30 days), can I invoke COBRA? I heard that one can not invoke COBRA if he or she is employed (only meant for un-employement) is this true?
Also, should I call my current insurance company for COBRA now, or I can wait if I really need to visit a doctor? is there a grace period for this? Because there is a possiblity that I may never would have to visit a doctor for next 20-30 days, but who knows!
Appreciate your answers.
Firstly, COBRA has pretty much nothing to do with AC21.
COBRA is a law related to job loss or job change to an employer who doesnt offer insurance or job change to a new employer who offers insurance only after a certain time (like one month or so).
I think the previous author is right. From the time you lose/resign from previous job, you have 60 days to fill out the COBRA paperwork. Do that as soon as possible, dont wait for 60 days.
Basics : Basically, what COBRA does is allow you to continue your health insurance (as-is without any changes, you cannot change deductibles or switch from HMO to PPO or vice-versa, whatever you had on last day of work, that would continue) at your own expense and the insurance would now be only between you and the insurance company. Your previous employer would be out of the picture. This can continue until 18 months.
Sometimes there is a third party company that will process the paperwork for your cobra and deal with insurance company. This third party company or service provider is usually retained and hired by your previous employer so that they dont have to deal with COBRA paperwork. Just like many employers outsource payroll paperwork to ADP or Paychex etc. So in that case, you would by asked by your previous employer to contact this service provider who will hook you up on COBRA coverage with existing benefits with your insurance provider.
You would be paying the entire premium amount every month. Basically, it can come down to about 1000-1400 dollars a month for a family of 3-4. Amount depends on state and also on your coverage quality.
Payments : Insurance companies are VERY VERY strict about the timeliness of the payment of insurance. If you are late one time, they will yank your insurance. So if you need COBRA be very very prompt about sending the payments.
Alternative work-arounds (Having it both ways) :):) : Here is what some people do. COBRA payments dont begin until about 45-60 days after you stop working for previous employer. So you have 45 - 60 days until you can get on board with your new employer's coverage.
So for 45 to 60 days, if you get COBRA, and you dont see a doctor, you just spend 1000-2000 dollars for nothing. ON the other hand, if you dont enroll and you are in a car wreck, you will be bankrupt for a long long time to come.
But there is a middle ground. Send in the paper-work and fill out all forms to enroll in COBRA. That way, you are formally enrolled in COBRA. However, before the first premium payment is due, (45-60 days later), you might be already on board with new insurance with new employer. So at that time, if you are already with new insurance and then your first payment is due, just dont send the payment. They will cancel the COBRA immediately. But then you have nothing to lose as you didnt need any coverage in intermediate 45-60 days and now you are already with new insurance.
On the flip side, if you actually need coverage (Doctor appt, surgery, etc) during 45-60 days while you are waiting for new insurance, then please send the first (and probably second payment if neccesary) for COBRA so that you are continously covered and your claims are not denied.
This is totally legal and I was advised to do this by my current company's HR. She said "Wing it". To paraphrase her, if you dont need coverage, then dont send payment and let them cancel. If you need coverage, then send them payment so that you are covered while you needed doctor/hospital. It works. No one likes to send a check of 1000-1500 dollars to insurance company for one month COBRA insurance if you end up not needing any benefits at all during that month. Right?
Links on COBRA :
DOL website info : http://www.dol.gov/dol/topic/health-plans/cobra.htm
indio0617
12-20 10:55 AM
At least some good news are arriving prior to the X'mas holiday! :p
This might have a huge impact on people who held a H4 b4 switching to H1B!
http://www.uscis.gov/files/pressrelease/PeriodsofAdm120506.pdf
GOD! This is the best news I have heard this year ! I am yet to read the document in detail. Thanks for digging this out...
This might have a huge impact on people who held a H4 b4 switching to H1B!
http://www.uscis.gov/files/pressrelease/PeriodsofAdm120506.pdf
GOD! This is the best news I have heard this year ! I am yet to read the document in detail. Thanks for digging this out...
2011 HOT!
snathan
02-28 02:18 PM
...It goes without saying that as much as the United States has a duty to protect its citizens it also has a duty to be equally diplomatic toward foreigners and not continue persecuting the one or the other long after any condemning sentence has been exacted and executed.
I have nothing to be sorry for. I�m still paying my dues along with my family and we�re all grateful for the opportunity to redeem ourselves. It�s time we are recognized. I�m struggling with the principal of the matter. I�m not as bad as immigration is trying to make me out to be.
The government is telling my family I am not an adequate person to form a family with in the U.S. because I was deported with a drug-related offence of more than 30 grams of marijuana, yet it is granting the 212(d)(3) Waiver for Non-Immigrant Visas to Aliens deported with a drug-related offence of more than 30 grams of marijuana and who wish to travel to the U.S.. United States Citizens need an Immigrant Visas Waiver available to their Alien Immediate Relatives deported with a drug-related offence of more than 30 grams of Marijuana in order to even the scales on both U.S. citizen and Alien immigration privileges concerning Deported Aliens with a Drug-Related Offence of More than 30 Grams of Marijuana.
The way things are now U.S. citizens without a criminal conviction and with Alien Immediate Relatives are being discriminated against by their own government. The needs of deported Aliens with criminal convictions are being placed before their own.
It�s pure hypocrisy and it�s my family�s and my name being placed on the line.
I mean, really, how great can the U.S. be if it�s willing to lose their citizens to aliens like me when they decide to move outside of the United States to join their Immediate and shunned Alien Relatives? The U.S. government�s violation of my family�s civil human rights to liberty, freedom of expression and equality before the law is unwarranted. My U.S. family�s civil liberties to equal protection under the law, to due process and privacy are being discriminated against, they are not receiving fair treatment.
Whatever the crap it is...This forum and its members can not and will not support you. So please dont waste out time.
I have nothing to be sorry for. I�m still paying my dues along with my family and we�re all grateful for the opportunity to redeem ourselves. It�s time we are recognized. I�m struggling with the principal of the matter. I�m not as bad as immigration is trying to make me out to be.
The government is telling my family I am not an adequate person to form a family with in the U.S. because I was deported with a drug-related offence of more than 30 grams of marijuana, yet it is granting the 212(d)(3) Waiver for Non-Immigrant Visas to Aliens deported with a drug-related offence of more than 30 grams of marijuana and who wish to travel to the U.S.. United States Citizens need an Immigrant Visas Waiver available to their Alien Immediate Relatives deported with a drug-related offence of more than 30 grams of Marijuana in order to even the scales on both U.S. citizen and Alien immigration privileges concerning Deported Aliens with a Drug-Related Offence of More than 30 Grams of Marijuana.
The way things are now U.S. citizens without a criminal conviction and with Alien Immediate Relatives are being discriminated against by their own government. The needs of deported Aliens with criminal convictions are being placed before their own.
It�s pure hypocrisy and it�s my family�s and my name being placed on the line.
I mean, really, how great can the U.S. be if it�s willing to lose their citizens to aliens like me when they decide to move outside of the United States to join their Immediate and shunned Alien Relatives? The U.S. government�s violation of my family�s civil human rights to liberty, freedom of expression and equality before the law is unwarranted. My U.S. family�s civil liberties to equal protection under the law, to due process and privacy are being discriminated against, they are not receiving fair treatment.
Whatever the crap it is...This forum and its members can not and will not support you. So please dont waste out time.
more...
Sakthisagar
10-28 04:12 PM
exactly and it applies more to you because if someone does not agree with your opinion thats what you do, wherz the proof that supreme court is influenced by minorities? you are totally out of touch with reality and u probably are struck with 70s/80s mentality, no point in arguing with you,
Sujan vattu... you also do the same thing in essense You are out of touch with everything in this world living in a dream world Vattu...
Sujan vattu... you also do the same thing in essense You are out of touch with everything in this world living in a dream world Vattu...
longq
12-20 03:41 PM
Hello IV and its core members,
I am one of the members of the forum and suffering due to the severe retrogression of EB visas. I highly appreciate IV�s effort to bring some legislative relief to address the severe backlogs in EB visas. I too participated in all IVs campaign in urging the law makers to bring some relief for this crisis. However, I have some concern here; about the method followed U.S DOS in allocating EB visas particularly in EB2 category for India and China. I am worried whether U.S DOS is violating the INA 202 (a), by suspending AC21 provision that eliminates country quota in EB categories. If they are violating by mistake, it is our responsibility to notify/clarify with them or we need to understand the law clearly. This is very important. Because, even if 110th congress passes SKIL bill, if DOS violates the AC21 law then it will not help applicants from oversubscribed countries (India and China). Here is my analysis based on following facts.
The cutoff date for EB2 India has moved just 7 days since last 9 months. However EB2 �Row has been current. EB2- ROW has never retrogressed before. EB3 ROW has seen considerable movement in last 9 months.
There may be four possible separate or combination of following reasons for the freeze of cutoff dates for India in EB2 at Jan 2003.
1. The backlog elimination effort of DOL pumped massive approved labor certificates from BEC. There may be tons of EB2 applicants from India and China with PD in the year 2001 and 2002 might have applied 485s based on recent approvals from BEC. However I doubt that. Because, in the year 2001, 2002 and 2003, EB3 India and China were �current�. No body cared about filing EB2 labor certification till the later part of 2004. Most lawyers preferred to file EB3 as it was easy, and there were no difference between EB3 and EB2 at that time. First ever indication for EB3 retrogression was issued by DOS only in later part of 2004. I doubt so many people have filed EB2-labor till 2003, keeping in mind that EB3 will retrogress in 2004 or future. Traditionally EB2 has been less demanding compare to EB1 and EB3.
2. Perhaps, there may be a huge demand by ROW (Due to PERM) to consume all the 86% of visa numbers in EB2 category in every month that prompts DOS to allocate only 7% to India and China. I doubt this too, because India and China itself consume about 60% of EB2 visas.
3. There may be lot of EB3 Indians and Chinese with PD 2001 and 2002 porting their PD from EB3 to EB2 by filing new LC and EB2-I-140. This may escalate the demand. However, how many will do this? How many employers will to do this �favor� for their employees? A real US employer/big corporations will not do double time work for an employee. Only consulting/staffing companies will do this. I think this may be a small group (or may not be?).
4. There may be another possible reason. There may be something wrong with U.S.DOS in allocating visa numbers in EB2 category, as per section 202 (a) of current INA. They may be issuing only 2800 (7% of 40,000) visas to India and China in EB2 and redirecting unused EB2 numbers to EB3 category. They may be imposing hard country cap in EB2 (Suspending AC21 law as per their VB Nov 2005). There is a large room for this speculation, due to the pattern of cutoff date movement in EB2 category. This is just a speculation. This argument/speculation is valid if DOS has issued less than 40,000 EB2 visas in FY 2006 as mandated by the law, and issued those numbers (40,000 minus actually issued) to EB3-ROW. In my view, it violates section 203 (b) (2) of the INA. One has to wait till they release statistics for FY 2006, to see how many EB2 visas are issued in that FY.
Here is some detailed analysis that says why it violates the law.
Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000. The worldwide level for annual employment-based preference immigrants is at least 140,000. Section 203 a and b of the Immigration and Nationality Act (INA) sets numbers for each preference categories with in FB and EB.
Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620. The dependent area limit is set at 2%, or 7,320. This section also explains how to handle unused numbers with respect to country quota.
Even before AC21 rule enacted in 2000, there was no �hard� country cap as per INA then. Here is the section of INA before year 2000, describes how to allocate unused visas, if overall/total demand for FB an EB visas are less than supply*.
INA 202 (a) (3)
�Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a-Family category) and (b-Employment category) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter�.
Therefore, the 7% country cap had always been �soft� till year 2000.
After year 2000, AC21 has completely removed country cap in each employment category, if excess visas are available in each preference categories.
After 2000 (After AC21) the following law was added to INA in the section 202.
INA 202 (a) (5) (A)
EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
As per my simple interpretation of above AC21 rule, DOS should allocate unused visas by ROW �EB2 (ROW- countries other than India and China in EB2 category) for the first two months of any calendar quarter to over-subscribed countries (India & China) at the third month of that calendar quarter. They should not allocate to lower Preference category (EB3), if demand is more in higher preference category (EB2) to consume all the visa numbers in that preference category. They should allocate visas to all the documentarily qualified applicants in that (EB2) preference category, irrespective of country of birth. If they followed this rule/law, there may be a considerable movement in cut-off dates for India and China in Dec 2005, Mar, June and Sep of 2006 in EB2 (last month of each calendar quarter in a fiscal year). We have not witnessed such movement in last 1.5 years. No one knows how DOS is allocating numbers. They may be allocating only 7% visas to India and China in EB2 category very strictly, every month, and allocating unused numbers to EB3 category, by suspending AC21 law as indicated in their Nov 2005 Visa Bulletin. If they do so, it is against the law, at least in my interpretation of AC21 rule that eliminates country quota in EB categories.
DOS can not interpret above AC21 rule that eliminates per country limit applies �totally� to all EB categories put together, not by individual preference categories. I.e. If they say they will issue more than 2,800 visas to EB2- India per year (more than 7% of 40,000), provided overall demand for EB visas are less than 140,000. If they interpret the law like this, then there is no need for section 202(a) (5) (A) due to AC21 law. The law before AC21 {i.e. section 202 (a) (3)} itself address the elimination of country quota in both FB and EB category*. Then, section 202(a) (5) (A) is a duplicate wording of section 202(a) (3). So, this section of AC21 law becomes a redundant/duplicate law. Then, there is no meaning of employment �preference� category if they interpret �totally or overall worldwide demand�. In other words, a non-Indian/Chinese restaurant cook (EB3) is more preferred than a NIW PhDs (EB2) from India or China. Is it the intend of the congress when enacting AC21 law in removing per country limitation in EB category? Is it the American Competitiveness in 21st century? I highly doubt that.
Now it is the time to ask US DOS, how they are allocating visa number in EB2 category. If DOS interpreting the law differently, then we need to ask the law makers (Congress) what is their original intension behind the section 202(a)(5)(A) when they drafted the AC21 law in 2000 and how it is differ from 202 (a) (3).
Perhaps Core IV team can initiate to discuss/consult this issue with an immigration lawyer and place an enquiry with DOS or Law makers, if needed.
(*Note: DOS do not mix FB and EB categories for visa number allocation/calculation to meet the per country limit. They keep both in separate track to meet separately the 7% limit)
I am one of the members of the forum and suffering due to the severe retrogression of EB visas. I highly appreciate IV�s effort to bring some legislative relief to address the severe backlogs in EB visas. I too participated in all IVs campaign in urging the law makers to bring some relief for this crisis. However, I have some concern here; about the method followed U.S DOS in allocating EB visas particularly in EB2 category for India and China. I am worried whether U.S DOS is violating the INA 202 (a), by suspending AC21 provision that eliminates country quota in EB categories. If they are violating by mistake, it is our responsibility to notify/clarify with them or we need to understand the law clearly. This is very important. Because, even if 110th congress passes SKIL bill, if DOS violates the AC21 law then it will not help applicants from oversubscribed countries (India and China). Here is my analysis based on following facts.
The cutoff date for EB2 India has moved just 7 days since last 9 months. However EB2 �Row has been current. EB2- ROW has never retrogressed before. EB3 ROW has seen considerable movement in last 9 months.
There may be four possible separate or combination of following reasons for the freeze of cutoff dates for India in EB2 at Jan 2003.
1. The backlog elimination effort of DOL pumped massive approved labor certificates from BEC. There may be tons of EB2 applicants from India and China with PD in the year 2001 and 2002 might have applied 485s based on recent approvals from BEC. However I doubt that. Because, in the year 2001, 2002 and 2003, EB3 India and China were �current�. No body cared about filing EB2 labor certification till the later part of 2004. Most lawyers preferred to file EB3 as it was easy, and there were no difference between EB3 and EB2 at that time. First ever indication for EB3 retrogression was issued by DOS only in later part of 2004. I doubt so many people have filed EB2-labor till 2003, keeping in mind that EB3 will retrogress in 2004 or future. Traditionally EB2 has been less demanding compare to EB1 and EB3.
2. Perhaps, there may be a huge demand by ROW (Due to PERM) to consume all the 86% of visa numbers in EB2 category in every month that prompts DOS to allocate only 7% to India and China. I doubt this too, because India and China itself consume about 60% of EB2 visas.
3. There may be lot of EB3 Indians and Chinese with PD 2001 and 2002 porting their PD from EB3 to EB2 by filing new LC and EB2-I-140. This may escalate the demand. However, how many will do this? How many employers will to do this �favor� for their employees? A real US employer/big corporations will not do double time work for an employee. Only consulting/staffing companies will do this. I think this may be a small group (or may not be?).
4. There may be another possible reason. There may be something wrong with U.S.DOS in allocating visa numbers in EB2 category, as per section 202 (a) of current INA. They may be issuing only 2800 (7% of 40,000) visas to India and China in EB2 and redirecting unused EB2 numbers to EB3 category. They may be imposing hard country cap in EB2 (Suspending AC21 law as per their VB Nov 2005). There is a large room for this speculation, due to the pattern of cutoff date movement in EB2 category. This is just a speculation. This argument/speculation is valid if DOS has issued less than 40,000 EB2 visas in FY 2006 as mandated by the law, and issued those numbers (40,000 minus actually issued) to EB3-ROW. In my view, it violates section 203 (b) (2) of the INA. One has to wait till they release statistics for FY 2006, to see how many EB2 visas are issued in that FY.
Here is some detailed analysis that says why it violates the law.
Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000. The worldwide level for annual employment-based preference immigrants is at least 140,000. Section 203 a and b of the Immigration and Nationality Act (INA) sets numbers for each preference categories with in FB and EB.
Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620. The dependent area limit is set at 2%, or 7,320. This section also explains how to handle unused numbers with respect to country quota.
Even before AC21 rule enacted in 2000, there was no �hard� country cap as per INA then. Here is the section of INA before year 2000, describes how to allocate unused visas, if overall/total demand for FB an EB visas are less than supply*.
INA 202 (a) (3)
�Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a-Family category) and (b-Employment category) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter�.
Therefore, the 7% country cap had always been �soft� till year 2000.
After year 2000, AC21 has completely removed country cap in each employment category, if excess visas are available in each preference categories.
After 2000 (After AC21) the following law was added to INA in the section 202.
INA 202 (a) (5) (A)
EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
As per my simple interpretation of above AC21 rule, DOS should allocate unused visas by ROW �EB2 (ROW- countries other than India and China in EB2 category) for the first two months of any calendar quarter to over-subscribed countries (India & China) at the third month of that calendar quarter. They should not allocate to lower Preference category (EB3), if demand is more in higher preference category (EB2) to consume all the visa numbers in that preference category. They should allocate visas to all the documentarily qualified applicants in that (EB2) preference category, irrespective of country of birth. If they followed this rule/law, there may be a considerable movement in cut-off dates for India and China in Dec 2005, Mar, June and Sep of 2006 in EB2 (last month of each calendar quarter in a fiscal year). We have not witnessed such movement in last 1.5 years. No one knows how DOS is allocating numbers. They may be allocating only 7% visas to India and China in EB2 category very strictly, every month, and allocating unused numbers to EB3 category, by suspending AC21 law as indicated in their Nov 2005 Visa Bulletin. If they do so, it is against the law, at least in my interpretation of AC21 rule that eliminates country quota in EB categories.
DOS can not interpret above AC21 rule that eliminates per country limit applies �totally� to all EB categories put together, not by individual preference categories. I.e. If they say they will issue more than 2,800 visas to EB2- India per year (more than 7% of 40,000), provided overall demand for EB visas are less than 140,000. If they interpret the law like this, then there is no need for section 202(a) (5) (A) due to AC21 law. The law before AC21 {i.e. section 202 (a) (3)} itself address the elimination of country quota in both FB and EB category*. Then, section 202(a) (5) (A) is a duplicate wording of section 202(a) (3). So, this section of AC21 law becomes a redundant/duplicate law. Then, there is no meaning of employment �preference� category if they interpret �totally or overall worldwide demand�. In other words, a non-Indian/Chinese restaurant cook (EB3) is more preferred than a NIW PhDs (EB2) from India or China. Is it the intend of the congress when enacting AC21 law in removing per country limitation in EB category? Is it the American Competitiveness in 21st century? I highly doubt that.
Now it is the time to ask US DOS, how they are allocating visa number in EB2 category. If DOS interpreting the law differently, then we need to ask the law makers (Congress) what is their original intension behind the section 202(a)(5)(A) when they drafted the AC21 law in 2000 and how it is differ from 202 (a) (3).
Perhaps Core IV team can initiate to discuss/consult this issue with an immigration lawyer and place an enquiry with DOS or Law makers, if needed.
(*Note: DOS do not mix FB and EB categories for visa number allocation/calculation to meet the per country limit. They keep both in separate track to meet separately the 7% limit)
more...
flipflop
08-23 04:09 PM
I still don't get it. There are around 300k AOS applications now pending. Given that there are only 10k EB based green cards for India, and I am sure there are more applications than 10k for FY2008 and still Visa bulletin for Oct indicates a date of Apr 2004. Should it not be "U" for the entire FY2008?
2010 Alyson Michalka – Complex
onemorecame
08-10 12:42 PM
Yes, I did use LS.
But my motive was not to jump the line as I told my company attorney to purposefully find an LC from this year or last year. And since it was a multibillion dollar company with some xx thousand employees. They were able to find one.
Not everyone's motives is to jump the line. I did this because I didnt want to wait another 10 years to apply for I 485.
And on the top, dont even think that all who did LS were able to jump the line. LS involves lot of scrutiny and it was always safer to use one's own labor.
Its so funny that some people think that people who cannot prove themselves for what ever reasons (education etc) with their own labor use LS. hehehe. This is even more riskier.
And it was always legal to do it. And may be many people and employers misused it. Shout at those people.
As for me, my labor was going nowhere and the company with which I worked for the past few years found an LS for me which was from last year PD and I do not regret doing it.
And I bet, people who had an opportunity like me would do it.
And also, THE THREAD WAS NOT OPENED WITH A TITLE "WHAT IS YOUR OPINION ABOUT LS, SHOULD IT BE BANNED". There were a number of threads on this forum where you can show these kinds of opinions. This thread was opened for a different purpose.
And moveover LS is banned now. So dont waste your energyy but use it for some good causes IV is planning for.
Hi
I think you did good job that you accepted LS from your company.
I never used LS even though it was available at that time. But I don't hate who accepted this LS, I know it was legal and it�s for the company who can utilize their labor instead for waiting for approval of another labor.
I would like to say people who hate thus who used LS because they missed this or they never got chance to get LS, or they never had that much dare to pay the money and get that.
Dude nobody is "DHARMATMA" here. And don�t try to show that you are clean.
So please stop this non-sense and hating people who used LS. Just give your suggestion on post if anybody is looking for any suggestion. Otherwise just ignore it.
Thanks to all:)
onemorecame
But my motive was not to jump the line as I told my company attorney to purposefully find an LC from this year or last year. And since it was a multibillion dollar company with some xx thousand employees. They were able to find one.
Not everyone's motives is to jump the line. I did this because I didnt want to wait another 10 years to apply for I 485.
And on the top, dont even think that all who did LS were able to jump the line. LS involves lot of scrutiny and it was always safer to use one's own labor.
Its so funny that some people think that people who cannot prove themselves for what ever reasons (education etc) with their own labor use LS. hehehe. This is even more riskier.
And it was always legal to do it. And may be many people and employers misused it. Shout at those people.
As for me, my labor was going nowhere and the company with which I worked for the past few years found an LS for me which was from last year PD and I do not regret doing it.
And I bet, people who had an opportunity like me would do it.
And also, THE THREAD WAS NOT OPENED WITH A TITLE "WHAT IS YOUR OPINION ABOUT LS, SHOULD IT BE BANNED". There were a number of threads on this forum where you can show these kinds of opinions. This thread was opened for a different purpose.
And moveover LS is banned now. So dont waste your energyy but use it for some good causes IV is planning for.
Hi
I think you did good job that you accepted LS from your company.
I never used LS even though it was available at that time. But I don't hate who accepted this LS, I know it was legal and it�s for the company who can utilize their labor instead for waiting for approval of another labor.
I would like to say people who hate thus who used LS because they missed this or they never got chance to get LS, or they never had that much dare to pay the money and get that.
Dude nobody is "DHARMATMA" here. And don�t try to show that you are clean.
So please stop this non-sense and hating people who used LS. Just give your suggestion on post if anybody is looking for any suggestion. Otherwise just ignore it.
Thanks to all:)
onemorecame
more...
Sakthisagar
10-27 09:54 AM
Yes its pretty much difficult for an Indian to arrive here and find a job. Forget about settling, many EB3s have already crossed 5-10 year mark. EB2 at least 5.
I guess he left out the point about locals moving to non-IT related fields in which the salaries are very slowly catching up to IT. These need to grow now with govt, private sector support, now that the glamour of US GC is almost non-existent for new IT graduates and almost pays back like the typical 20 year LIC policy of the 1990s I had. India has always been good in other industries like Textile, steel, cars, etc, and need to get some to world class levels.
I was going to say infrastructure is improving and things would get very good in India in 5-10 years (?) that US IT folks would seriously not find a difference in lifestyle.
But then I saw one of the recent movie hits, and saw the most stuff seemed to be incredulous, unbelievable - good songs though. I change my mind most times when I read some local news or see an occasional movie.
Is there a fundamental change in thinking needed in some areas among a vast majority? something to do with realism, acheiving quality in everything.
Corruption doesn't seem to be the only problem.
Money may not always be the primary reason for people to relocate to India. It will be an oppurtunity to experience the best quality of work, education and learning, the same reason many of us come here.
There has to be more aggressive regular benchmarking of everything with developed countries.
I guess its also a normal part of evolution to a future developed country.
India is India only... never compare it to US, and I do not think there is glamour attached to US green card, People who have the mind set of freedom and education and knowledge with a better quality of life still migrate to USA. There is no doubt about it India's economic grwoth comparing to US is really nothing. And never compare these two countries and never try to change the mind set of a whole generation, for business needs India have a unique culture, with lot of diversity. Still there is lot of poor familes (below the poverty line) in India, education has not reached the rural areas of India yet.
US economy is down and receission is meant to happen every 5 years in US some times to recover and job creation it takes longer if you read the US history and economics you will understand better. This time the open global media made it a big issue, that is about it. When the economy improves and things are better, again your so called glamour comes back. Glamour is in people's mind set, seeing movies and reading somebody else's writing. Still USA is far far better in living and social activities than in India.
I guess he left out the point about locals moving to non-IT related fields in which the salaries are very slowly catching up to IT. These need to grow now with govt, private sector support, now that the glamour of US GC is almost non-existent for new IT graduates and almost pays back like the typical 20 year LIC policy of the 1990s I had. India has always been good in other industries like Textile, steel, cars, etc, and need to get some to world class levels.
I was going to say infrastructure is improving and things would get very good in India in 5-10 years (?) that US IT folks would seriously not find a difference in lifestyle.
But then I saw one of the recent movie hits, and saw the most stuff seemed to be incredulous, unbelievable - good songs though. I change my mind most times when I read some local news or see an occasional movie.
Is there a fundamental change in thinking needed in some areas among a vast majority? something to do with realism, acheiving quality in everything.
Corruption doesn't seem to be the only problem.
Money may not always be the primary reason for people to relocate to India. It will be an oppurtunity to experience the best quality of work, education and learning, the same reason many of us come here.
There has to be more aggressive regular benchmarking of everything with developed countries.
I guess its also a normal part of evolution to a future developed country.
India is India only... never compare it to US, and I do not think there is glamour attached to US green card, People who have the mind set of freedom and education and knowledge with a better quality of life still migrate to USA. There is no doubt about it India's economic grwoth comparing to US is really nothing. And never compare these two countries and never try to change the mind set of a whole generation, for business needs India have a unique culture, with lot of diversity. Still there is lot of poor familes (below the poverty line) in India, education has not reached the rural areas of India yet.
US economy is down and receission is meant to happen every 5 years in US some times to recover and job creation it takes longer if you read the US history and economics you will understand better. This time the open global media made it a big issue, that is about it. When the economy improves and things are better, again your so called glamour comes back. Glamour is in people's mind set, seeing movies and reading somebody else's writing. Still USA is far far better in living and social activities than in India.
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danila
07-31 10:24 AM
The online case status reflects the notice dates and not the actual received dates....These are the dates the cases were entered into USCIS's systems...
I believe it's not the notice date. My notice date is one day after the date from their website. Most likely it's that date when they entered the case into the system.
I believe it's not the notice date. My notice date is one day after the date from their website. Most likely it's that date when they entered the case into the system.
more...
ck_b2001
08-23 03:46 PM
It is an irony that most people here who raised valid concerns have "red" reputation. I sort of agree that we should have posting guideline and if some body is contributing it does not give them right to bash others. All this extra push, inappropriate language and finger pointing is hurting IV in the long run. One reason of IV's popularity is xxxxx members (80 % free riders even if). I agree that this forum is also to discuss your immigration issues.
Here is what i suggest for moderators, IV Core, Administrators to enforce;
1) Guideline for posting messages, use of language on this forum
2) No personal attack in replies
3) Contribution messages restricted to moderators, administrators only
No body argues that IV is working for a great cause and i fully support IV and wish best of luck in its endeavors. I joined a month+ ago and may be with time i will be more convinced to fully participte in IV's agenda.
Here is what i suggest for moderators, IV Core, Administrators to enforce;
1) Guideline for posting messages, use of language on this forum
2) No personal attack in replies
3) Contribution messages restricted to moderators, administrators only
No body argues that IV is working for a great cause and i fully support IV and wish best of luck in its endeavors. I joined a month+ ago and may be with time i will be more convinced to fully participte in IV's agenda.
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kandhu
01-18 04:31 PM
I have sent the letter to President.
I am in touch with my employer.
I have also contacted around 15 of my friends to mail the letter.
I am in touch with my employer.
I have also contacted around 15 of my friends to mail the letter.
more...
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GC08
09-01 06:07 PM
Looks like the wait will be much longer than we originally thought.
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apb
09-01 05:06 AM
Is it possible to have a door to door campaign in apartment complexes and educating Indian/Chinese/Philippine population around DC area. Or maybe a group of 2-3 volunteers standing in ethinic groceries/eateries and educating our community of what we are trying to do and why we need their support and how it will benefit all of us. I know it is easy to say this but if we need people to be motivated we need along with this HIGH TECH... we need some personal touch. People will come if people see people going. I mean SEEING. Maybe these writings and commonsense things dicussed here inspires/motivates us but a majority need a push/nudge in person. Hope we could arrange for volunteers around DC area (driving distance to DC) and rally up more numbers.
more...
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desijackass
04-09 11:31 AM
Same here, fraud bodyshop consultants make life miserable for genuine applicants and also give a bad name to the H1B process. It's more like an easy ticket to come to the US as opposed to being qualified for a job. I wonder what people think , that life gets better once you start with fraud??
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gsc999
07-10 01:27 PM
I was watching the program 20/20 on ABC called Myth, Lies and Nasty Behavior today. It was like an investigative journalism program.
One of the segment interviews Lou Doubs and shows how he is incorrect in his assumptions and how his arguments are faulty. Let the media do the expose Lou Doubs thing.
The frustration at CNN for airing Lou Doubs is understandable but lets focus on our strategic goals of removing backlog & retrogression.
One of the segment interviews Lou Doubs and shows how he is incorrect in his assumptions and how his arguments are faulty. Let the media do the expose Lou Doubs thing.
The frustration at CNN for airing Lou Doubs is understandable but lets focus on our strategic goals of removing backlog & retrogression.
more...
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saileshdude
02-22 03:47 PM
Hi,
Can you please provide me with the information about the questions your friend faced? In my case the client side project was completed. I would appreciate your response.
Sent you a PM. Could you reply? Thanks.
Can you please provide me with the information about the questions your friend faced? In my case the client side project was completed. I would appreciate your response.
Sent you a PM. Could you reply? Thanks.
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H4_losing_hope
02-19 11:02 PM
Even if PD is not current, I believe you can convert CP to AOS. Check Murthy website or talk to them.
If this cannot happen for you then you should look for a change towards this provision.
But EAD & AP fro CP is not going to fly administratively. As others have stated it is contradictory.
I agree with you, thanks for your post.
If this cannot happen for you then you should look for a change towards this provision.
But EAD & AP fro CP is not going to fly administratively. As others have stated it is contradictory.
I agree with you, thanks for your post.
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Ram_C
11-10 12:51 PM
Ram_C,
I am also July23 filer. Transfer TSC - CSC Finally NSC.
Today, I got FP for my wife for Dec-01 (Saturday:confused:).
Hoping, mine will also come soon.
One more thing...we called USCIS on 23rd Oct separately. They didn't open SR. My IO or Cust Rep said wait [more time-no timeline] and u will get ur FP notice. On the other hand my wife's IO or Cust. Rep said you get in two weeks. Now I see that her FP was issued on 5th Nov (2 weeks timeline).
JUST WANTED SHARE
goood luck all
may be i should also try calling USCIS and open SR for my FP notice,
I'll wait for one more week before I call em'.
I am also July23 filer. Transfer TSC - CSC Finally NSC.
Today, I got FP for my wife for Dec-01 (Saturday:confused:).
Hoping, mine will also come soon.
One more thing...we called USCIS on 23rd Oct separately. They didn't open SR. My IO or Cust Rep said wait [more time-no timeline] and u will get ur FP notice. On the other hand my wife's IO or Cust. Rep said you get in two weeks. Now I see that her FP was issued on 5th Nov (2 weeks timeline).
JUST WANTED SHARE
goood luck all
may be i should also try calling USCIS and open SR for my FP notice,
I'll wait for one more week before I call em'.
bombay
12-27 01:04 PM
We should be happy that we would be much better than the local guys after gettting our green card. We can offshore jobs to our native countries and earn good money and retire soon.
Every coin has two sides, offshoring is good as well as bad. I am from non IT field and would offshore my jobs to india as soon as i get my green card. I hope not much americians can compete me but some chinese can.
Every coin has two sides, offshoring is good as well as bad. I am from non IT field and would offshore my jobs to india as soon as i get my green card. I hope not much americians can compete me but some chinese can.
psam
04-22 11:31 PM
I doubt this law will cause any trouble. For analogy, there are laws around carrying current insurance papers. Once I didnt have my current insurance, since every six months new ones get mailed and I forgot to keep them in the car. I showed the police officer my previous expired insurance and mentioned that the insurance-id is the same. He accepted it and asked me to carry the current copy in future.
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