diptam
08-15 04:25 PM
Some of the recent GC and EAD achievers takes up a job at USCIS... How does this sound - Huh ??
I think we will GC sooner than anticipated. I think those who filed in July/Aug will get in three/four years. Just a rough estimate. Any one agrees with me?
I think we will GC sooner than anticipated. I think those who filed in July/Aug will get in three/four years. Just a rough estimate. Any one agrees with me?
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smuggymba
07-29 08:31 AM
A sure invitation for defamation suit. Good luck.
This is just info, OP is not defaming anyone. He might be wrong about the info, but this info is not causing any harm to those companies.
This is just info, OP is not defaming anyone. He might be wrong about the info, but this info is not causing any harm to those companies.
we_can
12-27 12:43 PM
Posted classified on portland.ekNazar.com
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TeddyKoochu
09-10 01:17 PM
where is this 120k EB2I and C coming up from, those who haven't filed 485 yet? So you are expecting another july 2007 making all EB2 Current.
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). If you look at EB2 ROW for last year they were current for the whole year but approvals came from 2007. Its the agencies discretion really how they want to control and regulate the demand and honor the INA and the distribution rules. I believe that what may happen when EB2-I/C preadjudicated numbers get exhausted is Option # 2) Keep accepting applications in a controlled manner so as to approve in quarter or year because this is what happened for EB2 ROW; again this is my personal guess / assumption. Also those who have not been able to file for I485 cannot be kept in a endless denial with the preadjudicated numbers exhausted I think the chance will come for EB2 friends.
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.
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). If you look at EB2 ROW for last year they were current for the whole year but approvals came from 2007. Its the agencies discretion really how they want to control and regulate the demand and honor the INA and the distribution rules. I believe that what may happen when EB2-I/C preadjudicated numbers get exhausted is Option # 2) Keep accepting applications in a controlled manner so as to approve in quarter or year because this is what happened for EB2 ROW; again this is my personal guess / assumption. Also those who have not been able to file for I485 cannot be kept in a endless denial with the preadjudicated numbers exhausted I think the chance will come for EB2 friends.
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.
more...
javadeveloper
05-15 02:07 AM
Any Idea about the following MBA Distance Leaning Courses from India
1.SCDL-Symbiosis center for distance learning
2.IGNOU - ndira Gandhi National Open University
3.ICFA
4.NMIMS - Narsee Monjee Institute of Management Studies
Or any other institutes from India with reasonable fee structure.
1.SCDL-Symbiosis center for distance learning
2.IGNOU - ndira Gandhi National Open University
3.ICFA
4.NMIMS - Narsee Monjee Institute of Management Studies
Or any other institutes from India with reasonable fee structure.
angelfire76
02-13 06:17 PM
This is ridiculous; no one asked you to come to this country.
Nor are you entitled to anything besides what they chose to bestow.
Remember that.
Can I then go ask your employer as to why he/she is paying you more than what they might think you deserve to get ? :rolleyes:
After all nobody is forcing you to work with the company right?
Nor are you entitled to anything besides what they chose to bestow.
Remember that.
Can I then go ask your employer as to why he/she is paying you more than what they might think you deserve to get ? :rolleyes:
After all nobody is forcing you to work with the company right?
more...
cool_guy_onnet1
02-21 10:31 AM
From ,
1. In Fy08, there were 189 EB2 India approvals.
2. Assume annual quota for Eb2 India is X (Correct me if i'm wrong but i think this equates to 2800?)
3. So 189 approvals = 2800 actual approvals. A ratio of 6.75%.
Upto Dec31, 03, there are still about 330 or so pending Eb2 India cases. Using the 6.75% representation, it would mean that there are about 4900 Eb2 India cases pending.
NOT EVERYONE REGISTERS AT THESE POS SITES. lol
C'mon be realistic.
1. In Fy08, there were 189 EB2 India approvals.
2. Assume annual quota for Eb2 India is X (Correct me if i'm wrong but i think this equates to 2800?)
3. So 189 approvals = 2800 actual approvals. A ratio of 6.75%.
Upto Dec31, 03, there are still about 330 or so pending Eb2 India cases. Using the 6.75% representation, it would mean that there are about 4900 Eb2 India cases pending.
NOT EVERYONE REGISTERS AT THESE POS SITES. lol
C'mon be realistic.
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piyu7444
01-30 04:15 PM
Good. That means you were in-status at the I-485 filing. Submit documents mentioned in RFE and you should be good.
>> My question is - Is the time I haven't been working considered as Out of Status?
No you are not. Like I said out of status UNTIL date of I-485 application is most important.
____________________
Not a legal advice.
US Citizen of Indian Origin
I read the thread and have a question for Desi3933 as he seems to have knowledge about how this works..........
I am on h1b with employer B.
Employer A had my h1b and had processed my GC. I applied for 485 in Jul 07 and then in Jun 08 I transfered my h1b to Employer B. I did not notify USCIS about this job change so I did not invoke AC21. (Lawyer suggested to leave it in case we get a RFE)
Now my wife's 485 application is tied with mine. She is on h1b with employer C. Employer C is a consulting agency and her contract will end today Jan 30 2009. Also we are expecting hence she will take a 3 month time off / vacation for the baby (permissible under law) starting End of April 2009. Further she will travel to India on Aug 1 2009 and will return around Nov 15 09.
She has worked only 1 month in 2009 this will be reflected on 2009 w-2. I have couple of questions:
Will she be considered as "out of status" from Feb 1 to April end?
She has h1b valid till 2010 so when she returns back to US in Nov 09 shall she use h1b or enter US on AP given the fact that 485 is pending?
Will you recommend getting paid from Feb thru May to cover the gap? (this could be done with as the employer is willing to help)
Thanks
>> My question is - Is the time I haven't been working considered as Out of Status?
No you are not. Like I said out of status UNTIL date of I-485 application is most important.
____________________
Not a legal advice.
US Citizen of Indian Origin
I read the thread and have a question for Desi3933 as he seems to have knowledge about how this works..........
I am on h1b with employer B.
Employer A had my h1b and had processed my GC. I applied for 485 in Jul 07 and then in Jun 08 I transfered my h1b to Employer B. I did not notify USCIS about this job change so I did not invoke AC21. (Lawyer suggested to leave it in case we get a RFE)
Now my wife's 485 application is tied with mine. She is on h1b with employer C. Employer C is a consulting agency and her contract will end today Jan 30 2009. Also we are expecting hence she will take a 3 month time off / vacation for the baby (permissible under law) starting End of April 2009. Further she will travel to India on Aug 1 2009 and will return around Nov 15 09.
She has worked only 1 month in 2009 this will be reflected on 2009 w-2. I have couple of questions:
Will she be considered as "out of status" from Feb 1 to April end?
She has h1b valid till 2010 so when she returns back to US in Nov 09 shall she use h1b or enter US on AP given the fact that 485 is pending?
Will you recommend getting paid from Feb thru May to cover the gap? (this could be done with as the employer is willing to help)
Thanks
more...
makemygc
01-30 08:27 PM
Hello,
I am on H4 visa and thinking of filing for an H1 through a contrating co. But I have also heard the horror stories of these desi contrating co. which makes it more difficult for taking a decision.
i do not hold a US degree but i do have job experience from india. Can anyone advice on how to go about this situation.
Its essential for me to travel to india this year. If I go ahead and file through some co, will there be a problem at the consulate when i go there to get my visa stamped ? Is it advicable to travel during such a transition ?
What happens if I am unable to find a project & I'm on bench ? Am I an illegal resident in such situation ? please advice.
mira.
I've lot of friends whose spouses have transfered their visa from H4 to H1 successfully and doing good right now. I don't know a single one regretting their decision. Well, I agree with lot of horror stories here but do understand that there are decent companies as well who are straight forward and do not do things illegally. Do some research among your friends and well wishers and then take a decision. In forum like this, you will always find two side of the stories as everyone has their own agenda.
Best of Luck.
I am on H4 visa and thinking of filing for an H1 through a contrating co. But I have also heard the horror stories of these desi contrating co. which makes it more difficult for taking a decision.
i do not hold a US degree but i do have job experience from india. Can anyone advice on how to go about this situation.
Its essential for me to travel to india this year. If I go ahead and file through some co, will there be a problem at the consulate when i go there to get my visa stamped ? Is it advicable to travel during such a transition ?
What happens if I am unable to find a project & I'm on bench ? Am I an illegal resident in such situation ? please advice.
mira.
I've lot of friends whose spouses have transfered their visa from H4 to H1 successfully and doing good right now. I don't know a single one regretting their decision. Well, I agree with lot of horror stories here but do understand that there are decent companies as well who are straight forward and do not do things illegally. Do some research among your friends and well wishers and then take a decision. In forum like this, you will always find two side of the stories as everyone has their own agenda.
Best of Luck.
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ComputeCompute
07-22 06:39 PM
Did Amendment 4319 not pass? So what happened?
:confused:
:confused:
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coopheal
11-11 08:32 AM
If we are in sinking boat then lets sink rather than try to survive.
Guy is telling lets try to survive. Lets try.... Its far from success but towards it.
IV Core any updates?
Guy is telling lets try to survive. Lets try.... Its far from success but towards it.
IV Core any updates?
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Horace Jones
08-02 09:03 AM
Unfortunately it seems that others have run into similar situations, where an employer has promised to sponsor an H1 visa and then revoked that promise. Here is an example of a similar situation, where the immigrant party is a speech pathologist in Florida: My employer promised to sponsor me for Green Card and has now withdrawn that offer. I am a Speech Pathologist - Yahoo! Answers (http://answers.yahoo.com/question/index?qid=20071203071112AAiWfB1)
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meridiani.planum
03-13 11:51 AM
Has any one working on EAD experienced delays in renewals and how does HR department react to such delay's. Least on H1 it is clear that you can work for 8 months on receipt.
where I work one of two things happen:
- HR department is clueless about EAD expiry date, so people can continue to (illegally) work once EAD expires before the new EAD comes. Or they can choose to tell HR and stop working.
- If hte case is handled by company attorneys (some AC-21 folks have stuck to their own attorneys), then company attorney sends a mail to HR saying its illegal for tha tperson to work starting from so-and-so date, and that person is put on unpaid leave starting that date.
File the extension as soon as possible (120 days) and then start praying you get it before th eold one expires.
where I work one of two things happen:
- HR department is clueless about EAD expiry date, so people can continue to (illegally) work once EAD expires before the new EAD comes. Or they can choose to tell HR and stop working.
- If hte case is handled by company attorneys (some AC-21 folks have stuck to their own attorneys), then company attorney sends a mail to HR saying its illegal for tha tperson to work starting from so-and-so date, and that person is put on unpaid leave starting that date.
File the extension as soon as possible (120 days) and then start praying you get it before th eold one expires.
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anurakt
11-17 12:49 PM
That's probably the path most people with (EB3 2003 onwards/EB2 2004 onwards) will take from now on. The only hurdle is there is no clarity about the law regarding H1B extensions granted on an approved I-140. Most people have run out of H1B and will have to change jobs on the extensions. I hope USCIS issues a clear guidance on this issue. Also you might not have to let go of the priority date if your company is kind enough.
I don't care if the company is kind enought or not. Damn it .....it's my life and I want to control my own destiny.... a green card , red card, yellow card cannot make me beg anybody !! I have decided that I will keep switching on extensions and keep getting three extensions ....
If CIR / SKLIL happens , it would just be a bonus. But I will definitely help IV financially and morally all the time.....
EVERYONE SHOULD CONTRIBUTE AND MAKE SURE THAT WE WIN OR LOSE IT DOESN'T MATTER ....... WHAT MATTER THE MOST IS THAT WE GAVE OUR BEST SHOT AT IT.... AT THE END OF THE DAY YOU DON'T WANT TO FEEL THAT U DIDN'T TRY ENOUGH TO KILL THE CROCODILE. !!
I URGE THE MEMBERS TO KEEP CONTRIBUTIING TO IV.... NUMBERUSA HAS TON OF MONEY TO PUSH THEIR SIDE.....
I don't care if the company is kind enought or not. Damn it .....it's my life and I want to control my own destiny.... a green card , red card, yellow card cannot make me beg anybody !! I have decided that I will keep switching on extensions and keep getting three extensions ....
If CIR / SKLIL happens , it would just be a bonus. But I will definitely help IV financially and morally all the time.....
EVERYONE SHOULD CONTRIBUTE AND MAKE SURE THAT WE WIN OR LOSE IT DOESN'T MATTER ....... WHAT MATTER THE MOST IS THAT WE GAVE OUR BEST SHOT AT IT.... AT THE END OF THE DAY YOU DON'T WANT TO FEEL THAT U DIDN'T TRY ENOUGH TO KILL THE CROCODILE. !!
I URGE THE MEMBERS TO KEEP CONTRIBUTIING TO IV.... NUMBERUSA HAS TON OF MONEY TO PUSH THEIR SIDE.....
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chanduv23
08-05 11:00 PM
Please join us for a tri state lunch meet. We would like to start working on volunteers/ mobilizing members for the DC rally. Even if you cannot take the day off and come to DC please come by for the lunch. We could really use help with banners/posters/ and ideas to make this a success.
WHEN: Saturday AUGUST 11th
LOCATION- 148 E 48TH St, New York, NY 10017 (between Lexington and Third Avenues.)
TIME: 1:30 pm
ALSO- PLEASE DO UPDATE YOUR CONTACT INFORMATION
Thank you!
NJ members please join the tri state chapter by clicking on the link in my signature (NY chapter is now tri state chapter)
WHEN: Saturday AUGUST 11th
LOCATION- 148 E 48TH St, New York, NY 10017 (between Lexington and Third Avenues.)
TIME: 1:30 pm
ALSO- PLEASE DO UPDATE YOUR CONTACT INFORMATION
Thank you!
NJ members please join the tri state chapter by clicking on the link in my signature (NY chapter is now tri state chapter)
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sunty
11-11 10:28 AM
vin13,
I am aware getting participation from the members is a tough one. But when people will sense a hint of success, they will come.
The biggest example is IV itself. When Aman founded this, it was just a small website for people to discuss EB immigration issues facing them. Look at IV now.
Similarly, we have to start somewhere. Recapture and CIR are far dreams for now. At this point, if we can do anything to have any sort of respite, it would be a good thing...
I am aware getting participation from the members is a tough one. But when people will sense a hint of success, they will come.
The biggest example is IV itself. When Aman founded this, it was just a small website for people to discuss EB immigration issues facing them. Look at IV now.
Similarly, we have to start somewhere. Recapture and CIR are far dreams for now. At this point, if we can do anything to have any sort of respite, it would be a good thing...
more...
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gc_maine2
07-13 09:37 AM
JbpVisa,
Can you please take a moment to change the SPELLING to 'MURTHY", Please its misleading to members, and thanks for posting the information.
Can you please take a moment to change the SPELLING to 'MURTHY", Please its misleading to members, and thanks for posting the information.
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maverick_s39
12-10 02:49 PM
With all the porting nonsense going on eb2 will move backward and eb3 will inch forward slowly. We might end up with eb2 and eb3 in 2002. congrats to all the people who ported, the only thing you accomplished is you made sure eb2 does not progress (it does not mean you have have moved forward by porting, it just means that you have made sure you have prevented original eb2 guys from getting green card), the people who ported wont gain any benefit but they will make it worse for everyone, they have to file a second i140 which will take at least another 1 year to clear and after 1 year when the ported 140's clear the eb2 will go back to 2002. You have also accomplished another great feat, DOL is going to make it impossible to file eb2 in IT jobs so even genuine people are screwed. Before people start giving red dots and justifying there porting I have an message for you, your behavior is no different from the people who did labor substitution, the end result was DOL ended labor substitution and the result of all this porting is DOL has made it impossible to get eb2 even for genuine cases. Just because others are doing it does not mean you can do it, obviously it is wrong therefore dol removed labor substitution and now dol is making it impossible to get eb2 for IT jobs even for genuine cases. 90 % of people doing this porting are desi consulting employees, they wine and complain about desi consulting companies as blood suckers (justifiably) but they themselves are bloodsuckers on the EB2 community by doing this eb3 to eb2 porting.
I was not happy with porting and labor substitution myself but if you are playing by rules what's wrong in that? I am assuming you filed your labor under eb2, so tomorrow if there a law that lets you port your case to eb1 (hey, anything can happen) what would you do? Well that's what everyone is doing.
I was not happy with porting and labor substitution myself but if you are playing by rules what's wrong in that? I am assuming you filed your labor under eb2, so tomorrow if there a law that lets you port your case to eb1 (hey, anything can happen) what would you do? Well that's what everyone is doing.
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kartikiran
03-18 01:24 PM
Its more than 6 yrs now, since I started my GC process.
__________________
PD Date: 03/25/2002 EB3
I140 aprvd from TSC: 06/2006
485 filed @ TSC: June 29th 2007.
__________________
PD Date: 03/25/2002 EB3
I140 aprvd from TSC: 06/2006
485 filed @ TSC: June 29th 2007.
Ramba
07-14 06:18 PM
You are correct but his case could be that his employer cancelled his 140 which could damage his case more than the use of AC21 to change employers.
The fundamental rule (for getting GC) is the longterm intent of having permanent employment relationship between employer and employee at the time of filing 140 and 485 (see the Q&A). The intet has to be "at the time of filing" only. The employee has worked 3 years in H1B for thr sponser. It clearly establishes the both party's intent at the time of filing. So, even if the employer revokes his approved 140, he is 100% safe.
The fundamental rule (for getting GC) is the longterm intent of having permanent employment relationship between employer and employee at the time of filing 140 and 485 (see the Q&A). The intet has to be "at the time of filing" only. The employee has worked 3 years in H1B for thr sponser. It clearly establishes the both party's intent at the time of filing. So, even if the employer revokes his approved 140, he is 100% safe.
kaisersose
02-21 04:12 PM
I had one question. If there 140 K quota and 400 k employment AOS pending shuldnt they be cleared in 2-3 years (140k*3) since no matter what 140 k visas are going to get used (for example if there are leftovers others will get it)?
Even assuming hereafter no visa numbers will be wasted, It is not exactly FIFO for that to happen.
Consider this:
a) The Indian Applicant started back in 2003. In 2009 everything is done except assigning a visa number to this case.
b) There is a German Applicant who will start in 2008. In 2009 everything is done except assigning a visa number to this case.
The German will get a visa number assigned and a green card, but the Indian will not as he still has thousands ahead of him waiting for visa numbers.
Therefore 400K at 140K/ year is not how it works.
Even assuming hereafter no visa numbers will be wasted, It is not exactly FIFO for that to happen.
Consider this:
a) The Indian Applicant started back in 2003. In 2009 everything is done except assigning a visa number to this case.
b) There is a German Applicant who will start in 2008. In 2009 everything is done except assigning a visa number to this case.
The German will get a visa number assigned and a green card, but the Indian will not as he still has thousands ahead of him waiting for visa numbers.
Therefore 400K at 140K/ year is not how it works.
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