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VivekAhuja
07-14 05:57 PM
Consult an attorney because if you applied for I-485 in July 2007 and quit employer in August, you might not be covered under AC21 since 6 months did not pass since adjucation request (I-485) was files with USCIS.





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GCKaIntezar
02-22 09:10 PM
Thanks. I'm going to create a thread under IV Agenda and post.

One quick request to all members-
Can anyone bring a laptop with wireless Internet Access so that we can display our efforts online, it will be of great help in recruiting members on the spot. Unfortunately I don't have wireless laptop.

Let me know if you'll be able to do this.

Pls post your schedule and location on the the IV agenda thread so that it is visible on the homepage. Urge more NJ members to come to the temple to help you distribute flyers and talk to interested people.They will also have a chance to and meet other NJ chapter members. At least one core member will also come for this and everyone will have a chance to meet and ask any questions.





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kondur_007
04-10 10:28 AM
Does anyone have numbers for spillover last year category wise? I mean, last year how many EB4, EB5 and EB1 left out visas got spilled over to EB2? Thanks...

Here are the details for last year and years before:

(Thanks to user "sangiano" on : link: FY2009 Visa Data, Spillover to EB2 - Will it be Similar FY2010 (http://www..com/usa-discussion-forums/i485-eb/498198953/fy2009-visa-data-spillover-to-eb2-will-it-be-similar-fy2010))

Employment Visas 2009

Total Employment Visas for FY2009 = 141,020

Theoretical values without spillover

EB1 28.6% = 40,332
EB2 28.6% = 40,332
EB3 28.6% = 40,332
EB4 7.1% = 10,012
EB5 7.1% = 10,012

Actual values with spillover

EB1 40,978 = 29.1% received c.650 spillup visa used
EB2 46,034 = 32.6% received c.5,700 spillover visas used
EB3 39,791 = 28.2% received c.550 less visas than quota
EB4 9,999 = 7.1% Zero spillup visas to give
EB5 4,218 = 3.0% c. 5,800 spillup visas to give

What is noteworthy is the fact that spillup/spillover visas were only available from EB5.

In addition, EB1 actually consumed spillup visas and did not contribute any spillover visas as a result.

This implies that the total spillover visas available to the 7% limited countries was only c.7,500. Since 5,800 came from EB5, less 650 used by EB1, this gives a subtotal of 5,150. In turn, this implies that there were only 7,500 - 5,150 = 2,350 as spillover from EB2-ROW. In the worst case the difference is entirely from EB5.

I think it gives food for thought and shows the difficulty of trying to second guess visa consumption in Categories that are always current. I accept it might be easier to get a handle on non-NIW EB2 because of the PERM data available for ROW.

I'm not sure why FY2010 would be much different, at least for EB1 spillover.

Additional notes from subsequent posts:


There was significant spillover in FY2007 because (based on 154,497 total EB visas) :

EB1 only used 26,806 out of a possible 44,186 available visas.
EB4 only used 4,794 out of a possible 10,969 available visas.
EB5 only used 793 out of a possible 10,969 available visas.

That gives a potential spillover of 33,731 visas to categories below EB1. In FY2007 that mostly went vertically to EB3.

There was significant spillover in FY2008 because (based on 162,949 total EB visas) :

EB1 only used 36,590 out of a possible 46,603 available visas.
EB4 only used 7,648 out of a possible 11,569 available visas.
EB5 only used 1,443 out of a possible 11,569 available visas.

That gives a potential spillover of 24,060 visas to categories below EB1. In FY2008 that all went to EB2.

The amount *was* smaller in FY2009 because (based on 141,020 total EB visas)

EB1 used 40,978 which was more than the available visas of 40,332 (i.e. it used some of the spillup from EB4/EB5).
EB4 used 9,999 out of a possible 10,012 available visas. (i.e it pretty much maxed out)
EB5 only used 4,218 out of a possible 10,012 available visas. (i.e. much higher than previous years)

That gives a potential spillover to EB2 of 5,161 visas, which is substantially lower than previous years.

This is all his analysis based entirely on historic data (no predictions here; just what has already happened). All credit of analysis goes to him. I never crunched a single number; I am just an "integrater" of the info. Please also note that now we have found out that the word "spillover" should actually be "fall across and down"

Hope this was the info you were asking for.





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amitpan007
06-06 11:54 AM
After long wait of 4.7 years ( i know it may not sound too long as some of the others), I finally got the card production ordered email yesterday. I was mostly a silent reader on IV but have contributed to IV few times since I started visiting since last year. I wish good luck for everybody waiting out there.



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logiclife
02-17 04:47 PM
Immigration Voice is a volunteer organization. It has been assured several times here on this thread that it is a part of "transparency" issue on IV goals as mentioned in the Brochure. Transparency includes everything. Including name-check process.

Its a sub-item and not a main item because it is ONE OF THE SEVERAL administrative issues facing us.

However, if people feel that this issue is not receiving enough attention, then there are few things to do besides posting here in this thread (posting is welcome):

1. Call the phone number and speak to a volunteer. You will be connected to someone who is admin/founder of this organization. The phone number is under "Contact Us" menu.

2. Go to resources menu and find out how to contact your lawmaker. See if you can find an appointment and apprise them of the issue. Although there is no legislative solution to this problem and it remains an enforcement/administrative issue, the basic feature of the government includes the congressional oversight on the executive(DOS, FBI, USCIS etc in this case).

3. Ask your lawyer to file a lawsuit against the FBI for causing you irreparable damage due to mental agony, loss of pay due to missed promotions, job opportunities etc.

4. Call your local media or national media and tell them the our dear FBI takes 36 months to check if a permenant residency applicant is a terrorist/criminal/shop-lifter/DUI/DWI etc or not while that applicant is free to work on provisional work-permit called EAD issued by USCIS. Two things: if there is nothing wrong with the guy, he suffers long wait for his greencard. If he is a criminal, he works and enjoys the American dream on his EAD instead of being deported.

5. Send letters to Department of Justice (top levels) since FBI I think falls under Department of Justice.

--logiclife.





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reddymjm
06-03 05:06 PM
Hi friends,
Please advise me on this situation.

I am currently in US with L1B with Company A.
Company B has already filed H1B petition for me.
Assuming it gets selected & approved, Is it Possible for me to Continue with Company A after Oct1 2007 with the L1 itself.

Thanks.
As soon as the H1B gets approved your L1 b goes invalid. The options you have is if you have ur L1 validity after oct go out of the country and come back on L1. Or if it is expiring in Oct or close to Oct your company can file extension if it gets approved you may be ok but the period you work during that might be illlegal. But as USCIS has no way of tracking all these last issued status is a valid status making ur H1b invalid. But I suggest to do the other way.



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breddy2000
06-13 12:37 PM
http://www.sfgate.com/cgi-bin/article.cgi?file=/chronicle/archive/2007/06/13/MNG88QE8HV1.DTL&type=politics





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sayantan76
08-23 11:10 AM
Hi, I hope somebody helps in my dilemma.

I am currently on an L1A visa. I heard that my main office (where I am now working) is closing the foreign office where I come from. Based on L1 requirements and facts, it states that once the subsidiary closes, my L1 becomes invalid. Given this, the company is willing to sponsor my green card as soon as possible. It will probably still take a year before the subsidiary officially closes. What are my options? If they have to close the company while my green card is being process, would it be cancelled ?

Thanks.
i am not a lawyer -so get expert opinion.....

but the logic of L1A becoming instantly invalid for someone already in US office if the foreign office closes does not sound logical, even by USCIS standards. I would suggest taking a good 2nd opinion.

Also - if you are in L1A - you should technically qualify for EB-1 which is current for all countries and if that category applies to your situation - you would not need to go through Labor Cert - a couple of friends of mine got their GC in less than 90 days using the EB1 route.

All the best!



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uma001
03-21 12:21 PM
I still dont see labor approvals after March1. I dont know where you r looking at,, Can you tell me which page your looking at?





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virald
07-18 09:49 AM
What is meant by "Rejected" here?

-FedEx not accepted on July 2nd
-They took the packet and in 2-3 days they opened it and returned back some after inputting in their database
-Packet is still with them but they generated a rejection notice that was sent to lawyer/candidate
-Rejection email was sent to lawyer/candidate
OR
-USCIS's July 2nd bulletin just said all applications received would be returned/rejected and Greg's thought is that the whole pile must be kept somewhere with the action planned "to be rejected" and nobody is taking action on it and USCIS has to be made aware about that or in their yesterday's UPDATE they forgot to touch about this. ( To me this is internal processing matter of USCIS)

Well to be honest with you, I was 1 million % convinced that we all should be OK because yesterday's press release very clearly mentions " All properly filed cases would be accepted" until I stumbled on Greg's blog. Now I am confused as well.

I contacted my attorney but so far no reply. Will update all of you.

I don't think so that we have to refile as it does not make sense. Plus even those who are rejected would have proof of filing )FedEx and rejection notice and through Motion to reopen case can be resurrected. Pls keep everybody updated as and when your attorney advises you.
Thanks

Rejection means -- packets opened, and, returned as reject because dates not current.
I am also convinced that, if one has not gotten the package back, the person should be okay. But, just want to get the confirmation that we will be okay proactively rather than waiting.
I'll post as soon as I find out from my lawyer.



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anurakt
01-17 02:08 PM
Well Said Pappu, if you ask for people to ask IV for updates 20 times a day, we will get thousands of contributions ...but when it comes to money to support the cause .....all these beggers (yes beggers ! ) don't show the faces. These people call themselves high skilled , I call them high skilled beggers ...they want everything without contributing a cent .... shame on you beggers ... Please go back to your country , you won't get GC.....:mad: :mad:

Shameless creatures, not even a single guy came and blasted me out for such comments ..! This means that I am telling the truth. You guys don't even have any self dignity left to come and face off with me.
:mad: :mad:





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Jaime
09-10 02:37 PM
Hey Andy, yes, join us on the 18th! We can help with your airfare, and even better if you can bring your wife and kids!!!!



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feedfront
09-14 04:48 PM
what is EVL?

I also got an RFE asking for my employer letter. I moved to IL from CA.

I got the letter from employer and submitted to USCIS... waiting for answer..

Employment Verification Letter.





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grinch
03-02 06:24 PM
Noooooooooooooooooo!!! gah thats two ppl who dropped out... aw



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masouds
02-15 04:14 PM
I understand your frustration, but the rules are the same for everybody, and if India sends more immigrants to the US then any other country, that\\\'s not the US Government\'s fault.

If there were not per country limits, Indians would consume all those EB visas visas leaving no chance to the applicants from other countries to immigrate to the US legally.

"If there were not per country limits, Indians would consume all those EB visas visas leaving no chance to the applicants from other countries to immigrate to the US legally."

This is a blatant lie. India is not using up ALL the H1B Visas, how can it use up ALL EB Immigration visas.


Right; So, why o why the priority date for Indian (and chinese) born immigrants are way before ROW? Because there are more of you guys than ROW who want to immigrate to US. And that is OK, since those countries have way more population than rest of the other countries and more professionals. It is just that the policy is here since they don't want everyone (waiters, DMV clerks, etc) in Silicon Valley to be forced to learn Mandarin or Persian or whatever.





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va_jan_03
12-13 09:44 AM
I am sure the IV core would have thought about this option of contacting USCIS and let them know the problems because of retrogression.

But I like the idea of collecting 10$ for the fax and creating awareness. Lets move.



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Canadian_Dream
04-10 05:56 PM
the fact that reform is needed does not mean this is the best way.
and btw i wonder what happens to true consulting companies- BCG, Oracle etc whose business is to provide these services. They are not some abusive offshore operation....how is it fair to them? Seems a bit radical to me...not that i oppose the need for reform.

My only point was: the way H1B was set-up there was too much leverage to the corporations. This led to abuse by them at your and my cost. End result was wage depression, Green Card Backlogs and now H1B crisis. No matter how you argue it, the abusers have been a clear winner as an end result. Look no further than mushrooming of recruiting companies, and growing profit margins of TCS, Infosys and Wipro.
In the end the reform has to come, unfortunately it came again at our cost. I agree it is not the best way to reform it, because it isn't in the best interest of H1B holders, but I guess the intention here is to stop the abuse at any cost. The best way probably would have been making H1B independent of the employer but again me and you are not kept in mind when a law like this is being written. What happens to BCG, Oracle etc, perhaps law should provide a way to separate wheat from chaff. If you take a closer look at it, these corporations do provide consulting services but consultants are still "Permanent Employees" with a fix wages and benefits but body shoppers have a different model with unpaid bench period and what not. In fact you can find
Permanent Residents and US Citizens wanting to work or working with BCG, Oracle etc, but you don't see that with bodyshoppers and that's why I guess the 50% US Citizen clause in the proposed law. Please don't confuse this with the notion that I support or oppose this law. I am just trying to argue that if off shoring companies (Infosys, TCS etc) with 90% H1B's and local body shopping firms 100% H1B are getting punished I have no sympathy for them. These are the same people who refuse to give people copy I-140 approval notice and file for 59 Green Cards out of 20,000 H1B's they bring.


How about sending back all H1Bs ? If there is no cheap labor around , the salaries for all others (Citizens and GC holders) go up. I so want to see 250 an hour rates.
Applying your logic , you should get a job in your home country if you are smart enough.
You should first read the original post that I responded to understand the context. As far as wages are concerned it is because of these corporations that hourly rates however high look meager when H1B statistics are collected by DOL, because a large cut is added to profit margins. That's why opponents of H1B program can point finger and say prevailing wages are not market wages. Do you support this practice of making profit by eating away a huge chunk of your pay just because they sponsor H1B (a Green Card the retention benefit to continue doing this for atleast 3-4 years) ? If you are then you are doing it at your own peril.

Check out some of the prevailing wages and see for yourself if these are real market wages:

System Analyst in San Jose California $64K
http://www.deloitte.com/dtt/cda/doc/content/032807_systmsanaly_sanfranciscoCA.pdf
Consultant in San Francisco 55K
http://www.deloitte.com/dtt/cda/doc/content/032807_taxconsII_sanjoseCA.pdf





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spicy_guy
07-27 05:29 PM
Guys (and guns),

Need a suggestion on finding a job!

My friend has a master degree in India and worked in India for 6 months in Seimens before coming to US. Now she has EAD and would like to start working. Its been 3 years she left India and been idle.

She would like to start as a fresher / jr in IT though she has little experience.
When I asked a couple of guys, they suggested to approach Desi consulting companies.

From what I heard, they train and put up some fake exp and then apply for jobs (and of course need to sign a contract). But she doesn't like that.

I know a lot of people are in this situ too. I believe some of you have been here for a long time and have dealt with desi and US consulting companies. Some of you guys have good insight into these matters as well.

So what do you guys suggest?

Approaching Desi co is a good idea? or try for a full time employment with some US cos?
I was told that Desi cos know tricks of the trade. Not sure how true this is.
Or US consulting companies?

(I don't see so many job openings for freshers / juniors. Very very limited.)





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Sammo
02-13 11:08 AM
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cool_guy_onnet1
02-20 03:29 PM
Dude. I am *so* not Ron Gotcher. :)

He was rushing and didn't give me any specifics for EB-3 India.

Just don't exhaust this resource and keep it down low.


Lets wait and watch- Go IV





angelina
09-26 12:44 PM
This is nicely being played by big lawyers. They used us for demostration and converted the propaganda to media as it is for H1B . Profitablity is more on new H1B

Yes they can subtly change things and then say that it was just a mistake.
Dirty politics



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