snathan
01-15 05:54 PM
For the past 2 years there were so many RFEs and denials and no body knew what basis. But if they bring a regulation and follow that everybody can prepare ahead and no surprises. It is not a question of making profit. They have to make profit by following law and ethics and not by using loopholes. The regulations will make the companies to follow the rules of the game. If bodyshoppers follow the law and ethics without any fraud they will become reputed companies and the regulations will not destroy them. But their profit may go down but good for everyone. Inspite of insane rules annual cap is reached even unemployment is decade high. I would term protectionist if annual cap is reduced or they make restrictions such that h1b cap usage is so low. In India best persons are available and whatever restrictions they put Indian techies will overcome unless they block it completely. 65k H1b is attached to WTO and no way they can reduce that.
only consulting companies need to follow the law...? what about infy,wipro, tcs placing L1 consultants at the client location ?
only consulting companies need to follow the law...? what about infy,wipro, tcs placing L1 consultants at the client location ?
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hindu_king
05-29 02:53 PM
I think as someone said this guy was randomly throwing numbers out there. How come his analysis does not account for remaining 36K EB1 and EB2 ROW applications. Is he suggesting that all EB1 and EB2 ROW are being used up also. Very hard to believe that for 2008 and 2009 with the way the economy is going. Lot of product companies where most of the ROW 485s would likely come from have stopped applying perm since last summer. There is a huge flaw in this analysis and its not as pessimistic as it seems.
BUT, then again we need legislation to wipe the slate clean and clear these 200K applications, so there is a new build up of visa demand and wait times are tolerable for current applicants and future applicants.
What will happen to the 30k or so unused ROW EB1/EB2 numbers? Typically they trickle down to EB2 India in the last 3 months of FY. I still think this will happen in the next 3 months. Somehow USCIS overreacted and retrogressed EB2 India to 2000 and I think they are going to have to correct it to use all unused ROW numbers.
BUT, then again we need legislation to wipe the slate clean and clear these 200K applications, so there is a new build up of visa demand and wait times are tolerable for current applicants and future applicants.
What will happen to the 30k or so unused ROW EB1/EB2 numbers? Typically they trickle down to EB2 India in the last 3 months of FY. I still think this will happen in the next 3 months. Somehow USCIS overreacted and retrogressed EB2 India to 2000 and I think they are going to have to correct it to use all unused ROW numbers.
longq
02-13 03:53 PM
Before AC21, the spill over goes vertically.
After AC21, the spill over should go horizontally. But it is not going so. There is something going behind the screen. There is some reason for DOS is doing so. The law is not gray in this respect. It can be easily litigated, if they issued less than 40,000 EB2 visas and more than 40,000 EB3 visas. Nov 2005 VB is not a law. It is a statement by DOS. The law is section 202 of INA.
In both cases (before and after AC21) allocation of unused visas should go in a last month of calnder quarter. Both sec 202 3 a and 202 a 5 says "in a calender quarter" ..
Before AC21
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) and (b) 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.
After AC21..
(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.
Now ROW experts, post your comment for this hypothitical example ..
Lets assume there are 100 unused visas in EB2 catagory in a calender quarter. Worldwide EB damand is more than 140,000. Now, how will you assisn those numbers if it is before AC21 period and if it is after AC21 period.
If you say in both cases it goes to EB3-ROW, then we are not stupid to listien.
After AC21, the spill over should go horizontally. But it is not going so. There is something going behind the screen. There is some reason for DOS is doing so. The law is not gray in this respect. It can be easily litigated, if they issued less than 40,000 EB2 visas and more than 40,000 EB3 visas. Nov 2005 VB is not a law. It is a statement by DOS. The law is section 202 of INA.
In both cases (before and after AC21) allocation of unused visas should go in a last month of calnder quarter. Both sec 202 3 a and 202 a 5 says "in a calender quarter" ..
Before AC21
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) and (b) 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.
After AC21..
(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.
Now ROW experts, post your comment for this hypothitical example ..
Lets assume there are 100 unused visas in EB2 catagory in a calender quarter. Worldwide EB damand is more than 140,000. Now, how will you assisn those numbers if it is before AC21 period and if it is after AC21 period.
If you say in both cases it goes to EB3-ROW, then we are not stupid to listien.
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pointlesswait
09-23 06:30 PM
there is a "right" time for everything..and now is not! thats all...
You are right, in times like these immigrants should not be welcomed with open arms so its time for you to pack-up and leave. Visit this website when you reach home and let us know you reached safely... safe travels.
You are right, in times like these immigrants should not be welcomed with open arms so its time for you to pack-up and leave. Visit this website when you reach home and let us know you reached safely... safe travels.
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TeddyKoochu
09-17 03:23 PM
I wish the statement is true.
I think your friends cousin got the card by mistake, that does not mean that it will see a significant moment for EB3 I. The only possibility is if USICIS wants to recapture the unused visa numbers over a period of time, then EB2 I, EB3 I all move together.
Arun thanks for sharing the news & congrats to your cousins friend, may well be one of the cases of successfully porting PD.
I think your friends cousin got the card by mistake, that does not mean that it will see a significant moment for EB3 I. The only possibility is if USICIS wants to recapture the unused visa numbers over a period of time, then EB2 I, EB3 I all move together.
Arun thanks for sharing the news & congrats to your cousins friend, may well be one of the cases of successfully porting PD.
DSLStart
09-23 09:59 AM
An excellent idea so far from any member. This can certainly make govt/congress serious about EB issues. And if govt really goes ahead and does something as mentioned in the post, it'll benefit current GC waiter homeowners to get their GC fast and also persuade GC waiters who are still on fence about home buying decision.
I fully support this effort.
I fully support this effort.
more...
felix31
10-10 10:21 AM
i would say ban works for everyone - regardless of the citizenship
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vgweb
09-14 02:38 PM
Thanks for the great service- H1B valid for 3 years, 485 pending more than 180 days, need to go back abroad and work for another employer in abroad a year and then come back US - Working for different employer in abroad would cause any issues with H1B or GC? Pls provide ur valueable suggestions
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brahmam
09-17 01:27 AM
Here are the authentic numbers from FLCDataCenter.com (http://flcdatacenter.com/CasePerm.aspx)
My analysis from those mdb files: (they are tricky because the data is for FY2005 while the priority date calculations we are doing are for the calendar year)
calendar year 2005 ( received date between 3/19/2005 - 12/31/2005) = 8645
year 2006 (rcv date between 1/1/2006 - 9/27/2006) = 15008
after this it gets bad since the data has no receipt date, only certified date. my estimate is around 12000 for those 3 months of 2006.(total number of certified PERMs between 10/2/2006 - 03/31/2007 = 13873)
total PERM approvals with PD between march 2005 and Dec 2006 ~ 37000
If EB2 is 50%, we are talking ~19000, with an avg of 2.5 GCs per PERM, we need 47,500 GCs between Mar 05 and Jan 07.
Good luck every one :(:D:mad:
My analysis from those mdb files: (they are tricky because the data is for FY2005 while the priority date calculations we are doing are for the calendar year)
calendar year 2005 ( received date between 3/19/2005 - 12/31/2005) = 8645
year 2006 (rcv date between 1/1/2006 - 9/27/2006) = 15008
after this it gets bad since the data has no receipt date, only certified date. my estimate is around 12000 for those 3 months of 2006.(total number of certified PERMs between 10/2/2006 - 03/31/2007 = 13873)
total PERM approvals with PD between march 2005 and Dec 2006 ~ 37000
If EB2 is 50%, we are talking ~19000, with an avg of 2.5 GCs per PERM, we need 47,500 GCs between Mar 05 and Jan 07.
Good luck every one :(:D:mad:
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gc28262
01-18 10:19 AM
It is true.They were implemented stirctly. But to cheat that many of bodyshoppers are creating fake Paystubs. Getting just payroll expenses and tax from consultant and creating paystubs. How do you prevent that? When good faith effort fails more and more regulations are coming. If our bodyshoppers are honest there would have no regulations like that.
Probably you are your relatives did these kinds of stuff. Most of us on this forum didn't.
When did you get your GC ?
Probably you are your relatives did these kinds of stuff. Most of us on this forum didn't.
When did you get your GC ?
more...
chanduv23
08-17 12:18 PM
These morons never learn lessons. He is insulting him self by bitching about it....the Officers are just doing their job to verify their system... Can you imagine that a foreigner coming to India might have to go through ordeal if Indian Official suspects that he is a terrorist just because his records show....He should not forget that US has such system to verify and let him go.... where is SRK and others showing some passion when similar thing happen to President Abul Kalam? where is SRK and others showing some passion when bombings happened and innocent people get killed time and time again in India. Did he called for such system in India??? Where is SRK and others showing some passion that we need to improve Education System so that we can be proud of as Indians again? These guys thinks every thing for me nothing for others. They got all the money in the world they want.. now what?? how much is enough for these guys....People like him should learn life lessons like this and try to change Indian peoples life so that they get respect around the world. I think that is better for all of us. As Indians we should teach them or remind them when they forget those values.
Lets not bash or blame SRK for what he said or did. You are now blaming him for all the problems in India.
For India's problems - "All Indians are equally responsible". For world's problems " All people in the world are equally responsible"
"The world is a dangerous place to live; not because of the people who are evil, but because of the people who don't do anything about it." -
-- Albert Einstein
Now tell me "Have you done anything to make this world a better place?"
Lets not bash or blame SRK for what he said or did. You are now blaming him for all the problems in India.
For India's problems - "All Indians are equally responsible". For world's problems " All people in the world are equally responsible"
"The world is a dangerous place to live; not because of the people who are evil, but because of the people who don't do anything about it." -
-- Albert Einstein
Now tell me "Have you done anything to make this world a better place?"
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prashantkh
07-04 01:56 AM
dugg all 3 too
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IV2007
07-03 12:50 PM
I don't have any documents/reciepts related to I-140.
Recently my company attorney told my I-140 is approved. However he is not ready to provide any further details.
In such a scenario, can I do AC21 (assuming the risks) ? If so what documentation would I need to provide to my joining company/attorney/USCIS ?
Recently my company attorney told my I-140 is approved. However he is not ready to provide any further details.
In such a scenario, can I do AC21 (assuming the risks) ? If so what documentation would I need to provide to my joining company/attorney/USCIS ?
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prinive
02-12 01:16 PM
I dont think so....:o If that happens, I will send you a bag of sugar to you... :rolleyes:
September 2001 will be current next month for sure ...
September 2001 will be current next month for sure ...
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ujjvalkoul
06-27 06:01 PM
if these turn out to be rumours ...then I will stop believing anything AILA says..
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hiralal
06-01 07:28 PM
ss benefits when we retire is such a long way away ..who knows what the situation will be that time ..US just needs a law change and ss benefits can be denied at that time ,,,so it makes more sense to discuss and act on recapture rather than waste time on something that will occur is 2025 or later ..just a thought
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test101
07-04 10:33 AM
I have more emial addresses if you want them.....
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ahrensf@washpost.com
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RNGC
02-15 02:11 PM
A person can kill himself to solve all his problems. But that is not the point. If I have come here to work and you have things setup in a way that it can be used to exploit you ( e.g. employer holding back your pay for no valid reason) that amounts to indirectly supporting slave business. The word "slave" doesn't make high tech workers comfortable because they don't want to be categorized as such. But the trouble they are going through is similar to that of the slaves that were taken by the brits in olden days for working at different places in their colonies. If you look at the way most of us work here, it is almost same. Someone (called ur employer) brings you here, he puts you in a place to work reporting to a differnet master sometime many. This exactly how slave trade was working in olden days, but today instead of us working in plantations or laying highways we are working on the building the IT super highway.
I rest my case here for now
I totally agree...its Modern day slavery!
You cannot change employers, you cannot travel if you wish (after you apply for H1 ext, you can't leave US till it is approved, even If you have AP to re-enter!), you can't expect promotions, your spouse can't work on H4, No drivers license in some state, ..... BUT WE PAY ALL TAXES, NO EXCEPTIONS! Is it not Modern day slavery ??
I rest my case here for now
I totally agree...its Modern day slavery!
You cannot change employers, you cannot travel if you wish (after you apply for H1 ext, you can't leave US till it is approved, even If you have AP to re-enter!), you can't expect promotions, your spouse can't work on H4, No drivers license in some state, ..... BUT WE PAY ALL TAXES, NO EXCEPTIONS! Is it not Modern day slavery ??
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royus77
06-27 03:49 PM
I am sorry to say that all EB-3 and EB-2 dates have gone back to 2001. Please check DOS site.
*******You want rumor.....I will give you rumor ************
why you stopped at 2001 ......go all the way to 0 for christ sake
*******You want rumor.....I will give you rumor ************
why you stopped at 2001 ......go all the way to 0 for christ sake
furiouspride
07-21 03:28 PM
found this :D pretty much sums it up.
http://praveensg.com/wp-content/uploads/2009/06/amway.jpg
http://praveensg.com/wp-content/uploads/2009/06/amway.jpg
sunty
02-13 07:23 PM
Hi,
I like the idea but I believe at this time it is crucial to continue participation in the letter campaign. If we do not get success through it, I will be glad to participate in the lawsuit. Also, like me, at that time there might be hundreds of people willing to be a part.
Same here...I did vote yes for the lawsuit but let's wait a little for Admin fixes or the scaled down CIR version (if it happens).
I like the idea but I believe at this time it is crucial to continue participation in the letter campaign. If we do not get success through it, I will be glad to participate in the lawsuit. Also, like me, at that time there might be hundreds of people willing to be a part.
Same here...I did vote yes for the lawsuit but let's wait a little for Admin fixes or the scaled down CIR version (if it happens).
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