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Legal
07-05 12:07 PM
No need to conduct this poll. What's your point? go by the
majority if they say no?
Make it 20$ per month and be done with it. Those who couldn't do this
are unlikely to be helpful anyway.
majority if they say no?
Make it 20$ per month and be done with it. Those who couldn't do this
are unlikely to be helpful anyway.
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mbawa2574
02-15 02:06 PM
http://www.workpermit.com/news/2007-05-16/us/h-1b-visa-outsourcing-abuse-investigation.htm
This demand came from Communist Senators like Durban who are anti-immigrant and their opinions don't matter on this website. Durban is all for illegals but they hate progessive immigrants. If it is upto them then someone who is here illegally should get a GC before you. What you say about that ?
This demand came from Communist Senators like Durban who are anti-immigrant and their opinions don't matter on this website. Durban is all for illegals but they hate progessive immigrants. If it is upto them then someone who is here illegally should get a GC before you. What you say about that ?
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ak_2006
04-08 09:35 AM
Please Participate in this...
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ajay
04-13 10:12 AM
A very useful piece of information has been brought to our attention by shiankuraaf.
Thank you very much!
http://www.dhs.gov/ximgtn/statistics/publications/LPR08.shtm
Table 6 Persons Obtaining Legal Permanent Resident Status by Type and Major Class of Admission: Fiscal Years 1999 to 2008
http://www.dhs.gov/ximgtn/statistics/publications/YrBk04Im.shtm
Table 4 Immigrants admitted by type and selected class of admission: fiscal years 1986-2004
Employment-based preferences (Total Number)
Year QUOTA ISSUED Unused/Excessively used
1986 140000 56617 83383
1987 140000 57519 82481
1988 140000 58727 81273
1989 140000 57741 82259
1990 140000 58192 81808
1991 140000 59525 80475
1992 140000 116198 23802
1993 140000 147012 -7012
1994 140000 123291 16709
1995 140000 85336 54664
1996 140000 117499 22501
1997 140000 90607 49393
1998 140000 77517 62483
1999 140000 56678 83322
2000 140000 106642 33358
2001 140000 178702 -38702
2002 140000 173814 -33814
2003 140000 81727 58273
2004 140000 155330 -15330
2005 140000 246877 -106877
2006 140000 159081 -19081
2007 140000 162176 -22176
2008 140000 166511 -26511
Sum total of the differences from 1986 to 2008: 626,681. Vow!!!
So when looked between the period of 1986 and 2008,
there were a total of 626,681 un-used visa numbers that can be re-captured.
This is based on the BIG assumption that the yearly quota for EB categories is 140,000 from 1986 to 2008.
Does anybody know how to verify this important assumption online --a link to a gov website perhaps?
It would be good to verify when the law specifying 140,000 visa numbers per year was passed and
what were the criteria for visa number usage prior to the existence of the law.
It is clearly a well prepared format and nobody has brought this kind of helpful information to our group. We would need people like you and I am sure I will also support this if we are aggressively pursuing it. But again as somebody here said in this discussion that we should be careful about the seriousness of the situation being counted by the lawmakers.
Kudos to you.
Thank you very much!
http://www.dhs.gov/ximgtn/statistics/publications/LPR08.shtm
Table 6 Persons Obtaining Legal Permanent Resident Status by Type and Major Class of Admission: Fiscal Years 1999 to 2008
http://www.dhs.gov/ximgtn/statistics/publications/YrBk04Im.shtm
Table 4 Immigrants admitted by type and selected class of admission: fiscal years 1986-2004
Employment-based preferences (Total Number)
Year QUOTA ISSUED Unused/Excessively used
1986 140000 56617 83383
1987 140000 57519 82481
1988 140000 58727 81273
1989 140000 57741 82259
1990 140000 58192 81808
1991 140000 59525 80475
1992 140000 116198 23802
1993 140000 147012 -7012
1994 140000 123291 16709
1995 140000 85336 54664
1996 140000 117499 22501
1997 140000 90607 49393
1998 140000 77517 62483
1999 140000 56678 83322
2000 140000 106642 33358
2001 140000 178702 -38702
2002 140000 173814 -33814
2003 140000 81727 58273
2004 140000 155330 -15330
2005 140000 246877 -106877
2006 140000 159081 -19081
2007 140000 162176 -22176
2008 140000 166511 -26511
Sum total of the differences from 1986 to 2008: 626,681. Vow!!!
So when looked between the period of 1986 and 2008,
there were a total of 626,681 un-used visa numbers that can be re-captured.
This is based on the BIG assumption that the yearly quota for EB categories is 140,000 from 1986 to 2008.
Does anybody know how to verify this important assumption online --a link to a gov website perhaps?
It would be good to verify when the law specifying 140,000 visa numbers per year was passed and
what were the criteria for visa number usage prior to the existence of the law.
It is clearly a well prepared format and nobody has brought this kind of helpful information to our group. We would need people like you and I am sure I will also support this if we are aggressively pursuing it. But again as somebody here said in this discussion that we should be careful about the seriousness of the situation being counted by the lawmakers.
Kudos to you.
more...
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ajay
03-23 10:58 PM
Labor Filed Sept 2004
Labor Got Dec 2005
I140 Premium Processing Feb 2006
I485 Aug 17 2007
Eid Filed Dec 2007 and Got it in Feb 2008
Labor Got Dec 2005
I140 Premium Processing Feb 2006
I485 Aug 17 2007
Eid Filed Dec 2007 and Got it in Feb 2008
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somegchuh
03-15 08:51 PM
I have been waiting for my GC on purpose. I really wanted it to take 6 years.
I really wanted to get my Labor to rot in PBEC and then I intentionally wanted to get stuck in Namecheck.
On a serious note, do you have any idea about how this systems works? Do you have any idea what BEC's were or what namecheck is.
We will talk about "what the hell have you have been doing for so long" in 4 years when you are moaning about how retrogression has affected you for the last 5 years.
C'mon guys, what the hell have you been doing for so long?
I mean look at the archived Visa Bulletins, you observe the following:
1. EB2 was current for India ALL THROUGH 2003
2. EB2 was current for India ALL THROUGH 2004
3. EB2 was current for India till August 2005
4. After the retrogression in 2005, EB2 India moved up quickly through 2003-2004 to April 2004 by the beginning of 2007
5. Even after the summer 2007 fiasco (EB2 Current fro July, August 2007), the priority date for EB2 India moved to April 2004 and stayed there for 3 months
What more do you wish for?
I don't understand how there any can be anyone from 2004-2005 India still left in the EB2 category.
This is pathetic. What the hell have you been waiting for?
I really wanted to get my Labor to rot in PBEC and then I intentionally wanted to get stuck in Namecheck.
On a serious note, do you have any idea about how this systems works? Do you have any idea what BEC's were or what namecheck is.
We will talk about "what the hell have you have been doing for so long" in 4 years when you are moaning about how retrogression has affected you for the last 5 years.
C'mon guys, what the hell have you been doing for so long?
I mean look at the archived Visa Bulletins, you observe the following:
1. EB2 was current for India ALL THROUGH 2003
2. EB2 was current for India ALL THROUGH 2004
3. EB2 was current for India till August 2005
4. After the retrogression in 2005, EB2 India moved up quickly through 2003-2004 to April 2004 by the beginning of 2007
5. Even after the summer 2007 fiasco (EB2 Current fro July, August 2007), the priority date for EB2 India moved to April 2004 and stayed there for 3 months
What more do you wish for?
I don't understand how there any can be anyone from 2004-2005 India still left in the EB2 category.
This is pathetic. What the hell have you been waiting for?
more...
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Deaddocus
03-15 07:57 AM
Modern knights, :D *ducks*
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Hermione
09-26 06:01 PM
And I see your point, but what do you know about the visa rules of your country? Let's say, I want to work in your country - what visa do I need - is there a CAP or quota system - validity, my rights etc. Its wrong to blame average American or any generic population because you are in deep shit. Just my thoughts - no hard feelings!!! Its more about educating people who are interested and IV (henceforth Legal IV) is the platform for doing just that.
That exactly what my point was - it makes no sense to critisize an American writer for not knowing the difference between H1 and EB.
That exactly what my point was - it makes no sense to critisize an American writer for not knowing the difference between H1 and EB.
more...
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PD_Dec2002
03-03 04:44 PM
My $0.02:
Add this option to the poll as well to get a realistic picture:
I will not buy a house tomorrow (even if I was promised a GC this evening) because we are in a recession and/or the real estate market is spiralling downwards.The 1 MM people in the line for EB green card (quoted from singhsa3's 02:48 pm post #6 http://immigrationvoice.org/forum/showpost.php?p=227738&postcount=6) as you say are highly skilled. And even though they have the money are not financially stupid (at least a significant chunk) to buy a house just for the lure of a green card. This "smart" significant chunk will buy a house when among other reasons, they believe market conditions are right and are comfortable with their decision. A house might be your single-most biggest investment/asset/liability that you will ever have and even a "gold" card (forget green card) will not make anyone place such bets.
We bought our house way back in 2002. We still don't have our green cards, but we bought it after evaluating the risks and rewards.
Regards,
Jayant
Add this option to the poll as well to get a realistic picture:
I will not buy a house tomorrow (even if I was promised a GC this evening) because we are in a recession and/or the real estate market is spiralling downwards.The 1 MM people in the line for EB green card (quoted from singhsa3's 02:48 pm post #6 http://immigrationvoice.org/forum/showpost.php?p=227738&postcount=6) as you say are highly skilled. And even though they have the money are not financially stupid (at least a significant chunk) to buy a house just for the lure of a green card. This "smart" significant chunk will buy a house when among other reasons, they believe market conditions are right and are comfortable with their decision. A house might be your single-most biggest investment/asset/liability that you will ever have and even a "gold" card (forget green card) will not make anyone place such bets.
We bought our house way back in 2002. We still don't have our green cards, but we bought it after evaluating the risks and rewards.
Regards,
Jayant
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alias
06-10 01:37 PM
Incorrect. You have to submit proof of employment. Basically a letter from employer. If you are unemployed that that will raise a red flag and you cannot renew your EAD anyways. So current and future employment letter is a must for getting EAD. Sometimes they even ask you for salary slips if they suspect your employment. In this proposed amendment the employer also has an obligation to record layoffs and inform government. That makes it very tough for EAD guys to renew their EADs. Even if you are not working for the same company that filed your EAD, USCIS record can show there were layoffs and your applications will be in trouble. Expect lot of RFE and denials. Remember AC21 denials last year?
all you need to file an EAD renewal is:
copy of your old EAD
2 Passport photos
copy of I-94
& the filing fee
all you need to file an EAD renewal is:
copy of your old EAD
2 Passport photos
copy of I-94
& the filing fee
more...
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ksairi
08-15 04:32 PM
D. EMPLOYMENT PREFERENCE VISA AVAILABILITY FOR SEPTEMBER
Due to the return of unused July numbers by consular posts abroad, and the limited amount of pending demand eligible for final processing at consular posts, it has been possible to reestablish cut-off dates in many of the Employment preference categories.
Please link it.
Due to the return of unused July numbers by consular posts abroad, and the limited amount of pending demand eligible for final processing at consular posts, it has been possible to reestablish cut-off dates in many of the Employment preference categories.
Please link it.
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msyedy
06-13 11:12 AM
Hi, Senthil and Bugmenot
You said :They will allow some form of consulting and they may ban subcontracting in H1b.
Now you agree that consulting will be there. So the bill have to be tweeked or else even small american companies will shut down.
ex bearing point....
Rule 2 of restriction - Company cannot hire 6 months before or after it has laid of a person.
Impossible to be applied.
(Big companies will be affected with this, small companies like CDI, ABC.. who might hire a H1-B on their pay roll but they let them go when they are not able to find a new client that they can place that person).
Rule 3 - You have to advertise before you get an H1-B might be allowed but ignored like L1 is ignored now.
I will show you how the merit based system have to change for EB in my next post.
Got to go...
I am not supporting consulting ban on h1bs. But even that happens companies will readjust by hiring permanent people. Also big consulting companies will bring more people by L1 and B1. I am working in a consulting company and they do not depend on H1bs though considerable H1bs are there.Still H1b Cap will be reached there is heavy demand for h1b. Also I do not think it is outright ban of H1Bs in consulting. They will allow some form of consulting and they may ban subcontracting in H1b. It depends on how USCIS interprets the law. I hope Congress will not do if anything is bad for country. Infact same rule is there in L1 also. But still I am seeing persons are placed in client sites.
Of course anti immigrants are trying to block H1b program using this but congress trying this because abuses are more in consulting. When congress realizes this anytime they will remove this restriction if they find some other alternative.
Now chances of CIR is 30% and 60% chance of statusquo for another 2 years. Even skil bill is passed seperately same restrictions will come as same Senators will be there.
Some of abuses are
1. Not paying bench
2. Lower pay compared to market
3. illegal agreements
4. Rotation of people and using H1b for outsourcing(It is not abuse but it is not the purpose of H1b)
5. Giving ads for recruiting only H1bs
You said :They will allow some form of consulting and they may ban subcontracting in H1b.
Now you agree that consulting will be there. So the bill have to be tweeked or else even small american companies will shut down.
ex bearing point....
Rule 2 of restriction - Company cannot hire 6 months before or after it has laid of a person.
Impossible to be applied.
(Big companies will be affected with this, small companies like CDI, ABC.. who might hire a H1-B on their pay roll but they let them go when they are not able to find a new client that they can place that person).
Rule 3 - You have to advertise before you get an H1-B might be allowed but ignored like L1 is ignored now.
I will show you how the merit based system have to change for EB in my next post.
Got to go...
I am not supporting consulting ban on h1bs. But even that happens companies will readjust by hiring permanent people. Also big consulting companies will bring more people by L1 and B1. I am working in a consulting company and they do not depend on H1bs though considerable H1bs are there.Still H1b Cap will be reached there is heavy demand for h1b. Also I do not think it is outright ban of H1Bs in consulting. They will allow some form of consulting and they may ban subcontracting in H1b. It depends on how USCIS interprets the law. I hope Congress will not do if anything is bad for country. Infact same rule is there in L1 also. But still I am seeing persons are placed in client sites.
Of course anti immigrants are trying to block H1b program using this but congress trying this because abuses are more in consulting. When congress realizes this anytime they will remove this restriction if they find some other alternative.
Now chances of CIR is 30% and 60% chance of statusquo for another 2 years. Even skil bill is passed seperately same restrictions will come as same Senators will be there.
Some of abuses are
1. Not paying bench
2. Lower pay compared to market
3. illegal agreements
4. Rotation of people and using H1b for outsourcing(It is not abuse but it is not the purpose of H1b)
5. Giving ads for recruiting only H1bs
more...
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grinch
02-13 11:13 AM
Uh no,
this is what the rules are, sorry man.
this is what the rules are, sorry man.
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thehulkdeals
08-16 01:00 PM
EB3 for ROW has retrogressed quite a bit and this could actually be a great opportunity to beef up the DC rally with people from the rest of the world. It would be much better to have legal immigrants from all over the world protesting instead of just Indians and some Chinese. Core group, time to look in that direction since we only have a month before the rally? I expect there to be a lot of Europeans and Aussies on the East Coast on EB-3.
I am still trying to understand this GC process. My PD (EB3-ROW) is March 31, 2006. I do not see that this Spt bulletin is a good news for me. So When should I expect my PD become current? 4-5 years.
My lawyer did process my i-140/i-485 for the July visa Viasco, but i think they only send the i-140 and the AP/EAD forms. Is this possible and what are the benefit for these applications.
Thanks
I am still trying to understand this GC process. My PD (EB3-ROW) is March 31, 2006. I do not see that this Spt bulletin is a good news for me. So When should I expect my PD become current? 4-5 years.
My lawyer did process my i-140/i-485 for the July visa Viasco, but i think they only send the i-140 and the AP/EAD forms. Is this possible and what are the benefit for these applications.
Thanks
more...
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am100
07-06 01:23 AM
Did u Used AC21 or changes job after applying I-485 Or is it a stright forward case.
Thanks in advance for the reply.
Sorry for the late response. I was actually out of country when my GC got approved. Just got back today.
I did not use AC 21. I have been with the same employer throughout the process. However, I changed job location after 140 approval. Hence, I had to refile labor (PERM) from new location but ported the older PD. Since, my PD was not current, I did not loose any time even with refiling labor. Hope this helps. Please let me know if if you have any more questions.
Thanks in advance for the reply.
Sorry for the late response. I was actually out of country when my GC got approved. Just got back today.
I did not use AC 21. I have been with the same employer throughout the process. However, I changed job location after 140 approval. Hence, I had to refile labor (PERM) from new location but ported the older PD. Since, my PD was not current, I did not loose any time even with refiling labor. Hope this helps. Please let me know if if you have any more questions.
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vin13
11-13 06:46 AM
Just an F Y I, I havent read all 5 pages of this thread
Please read all pages and you will get a better idea of what is being done at this time.
Please read all pages and you will get a better idea of what is being done at this time.
more...
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mihird
07-09 03:58 PM
I dont think legally you can sue someone, because they have worked harder.
I posted this link , so that everybody may know the legal reasons, which we can present in a court of law.
If this lawsuit is accepted by the court , then the USCIS lawyers would tell what exactly happened.
I till now personally believe , that the USCIS/DOS hasnt broken any law.
They may have however changed a pettern,process , but no law has been broken.
It took them 6 months to consume 66K visas and then another 15 days to process another 66K.
It is reasonably safe to assume, either correct procedures were not followed in the past or were not followed in the last 2 weeks. Only a judge can order USCIS to elobarte on what processes were followed in the last 2 weeks (FBI name checks and security clearances skipped...etc. etc.)
They made people expend (or rather waste) millions of dollars in preparing the paperwork...and then changed the process abruptly on July 2nd..with no advance notice...they could have published a guidance in the July bulletin itself of this possibly happening, if not published a guidance sometime later...
There is no doubt, that the entire chain of events were premeditated...and the communication mix-up as claimed by Condoleezza Rice on TV was a deliberate one..
I doubt if this will all fly in court...they certainly owe the millions of wasted dollars and thousands of wasted hours in preparing the paperwork, back to the applicants/attornies...at the least...
Keep in mind, the AILF rarely files a law suit against the government, and most of their law suits have had favorable outcomes..
I posted this link , so that everybody may know the legal reasons, which we can present in a court of law.
If this lawsuit is accepted by the court , then the USCIS lawyers would tell what exactly happened.
I till now personally believe , that the USCIS/DOS hasnt broken any law.
They may have however changed a pettern,process , but no law has been broken.
It took them 6 months to consume 66K visas and then another 15 days to process another 66K.
It is reasonably safe to assume, either correct procedures were not followed in the past or were not followed in the last 2 weeks. Only a judge can order USCIS to elobarte on what processes were followed in the last 2 weeks (FBI name checks and security clearances skipped...etc. etc.)
They made people expend (or rather waste) millions of dollars in preparing the paperwork...and then changed the process abruptly on July 2nd..with no advance notice...they could have published a guidance in the July bulletin itself of this possibly happening, if not published a guidance sometime later...
There is no doubt, that the entire chain of events were premeditated...and the communication mix-up as claimed by Condoleezza Rice on TV was a deliberate one..
I doubt if this will all fly in court...they certainly owe the millions of wasted dollars and thousands of wasted hours in preparing the paperwork, back to the applicants/attornies...at the least...
Keep in mind, the AILF rarely files a law suit against the government, and most of their law suits have had favorable outcomes..
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neverbefore
07-29 02:23 AM
Hi all,
I am not sure whether I should add this over here or not but I could not resist and I don't know any other way.
I went to a wine shop and was shocked to see cartoon of Ganesha used on the bottle of India Pale Beer. I am not a religious person but this thing made me nervous. Please let me know how this can be protested.
Thanks
Please desist from such irrelevant postings here. If you have a personal problem, at least display the intelligence to find the proper forum for it.
To answer your irrelevant question, such a thing can be protested best by not consuming the beer and most of all, to not give it publicity by laying bare your intellect at the wrong fora.
I am not sure whether I should add this over here or not but I could not resist and I don't know any other way.
I went to a wine shop and was shocked to see cartoon of Ganesha used on the bottle of India Pale Beer. I am not a religious person but this thing made me nervous. Please let me know how this can be protested.
Thanks
Please desist from such irrelevant postings here. If you have a personal problem, at least display the intelligence to find the proper forum for it.
To answer your irrelevant question, such a thing can be protested best by not consuming the beer and most of all, to not give it publicity by laying bare your intellect at the wrong fora.
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nomi
12-12 12:36 PM
Hi Logiclife,
If an attorney says that it cannot be done with administrative changes, then I guess, we dont have much to argue.
But I cannot understand the logic behind why it cant be done. I mean, disallowing concurrent processing is possible by an administrative change, why is the reverse (or something similar like allowing 485 filing without pd being current), not possible?
I am sorry for not being to let go of this, but I thought, logic-life can see some logic in this!!! :)
Thank you.
I agree with you. There is not logic in any of immigration related laws. I think they should re-write all those immigration laws again and all lawmakers should be Immigrant who can understand all the pain we have coz of these immigration laws. I don`t think any law maker knows "what I-485 is"
Once they approve the 1-140 and that`s it it shuold be all done. AOS
(Change of Status) is all stupid and meaning less. It just money making games for all Attorneys and law makers. All attorneys supports law makers so they make laws where attorney can have maximum benefits from us. These attorneys don`t do anything either about immigration laws coz this is the only way for them to make money.
If an attorney says that it cannot be done with administrative changes, then I guess, we dont have much to argue.
But I cannot understand the logic behind why it cant be done. I mean, disallowing concurrent processing is possible by an administrative change, why is the reverse (or something similar like allowing 485 filing without pd being current), not possible?
I am sorry for not being to let go of this, but I thought, logic-life can see some logic in this!!! :)
Thank you.
I agree with you. There is not logic in any of immigration related laws. I think they should re-write all those immigration laws again and all lawmakers should be Immigrant who can understand all the pain we have coz of these immigration laws. I don`t think any law maker knows "what I-485 is"
Once they approve the 1-140 and that`s it it shuold be all done. AOS
(Change of Status) is all stupid and meaning less. It just money making games for all Attorneys and law makers. All attorneys supports law makers so they make laws where attorney can have maximum benefits from us. These attorneys don`t do anything either about immigration laws coz this is the only way for them to make money.
sweet_jungle
01-31 10:09 PM
any feedbacks on Terasoft at Illinois? are they on blacklist?
ebizash
09-10 08:31 PM
Greg's post is from today at 3:00 PM. We all know that our bill was not even mentioned by then so I think Greg's post may be incorrect. May be he just meant the the committee is considering the bills today.
My 2c
My 2c
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