Thursday, June 30, 2011

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  • vdlrao
    07-23 10:41 AM
    vdlrao, Thanks for the great analysis.
    I am using DOS visa statistics and I arrived at EB quota numbers for 2008 as 162,707. There were 22,707 unused FB visa's in 2007 based on the DOS visa statistics @ http://travel.state.gov/visa/frvi/statistics/statistics_1476.html
    Typically the actual EB quota for the FY is revised in the September bulletin. I am not sure if DOS has already taken into account the new EB quota number for the Aug bulletin. If they hadn't taken into account the new quota number then we should see some forward movement in the Sep bulletin.

    However the 28,795 AC-21 recaptured visa's U are talking about has already been used in 2002, please take a look at the below mentioned link for details regarding the usage of those visa's.

    http://travel.state.gov/pdf/FY2003%20AppD.pdf

    All the AC-21 recaptured visa's has been used by now.

    mpadapa, I am getting 31,100 unused Family Based Visas for 2007 fiscal year from
    http://www.dhs.gov/xlibrary/assets/statistics/publications/LPR_FR_2007.pdf
    .
    DHS bulletin is not updated correctly like Employment Based AC21 VISAS? Please let me know.





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  • prem_goel
    06-12 01:32 AM
    Guys, I've heard (and only heard - don't red me now) that Cognizant has its H-1Bs being rejected and I've heard as far as this that some of the people in Cognizant who got green card through EB-1 category have been deported due to investigation after complaints regarding misuse of EB-1 category by these companies.

    has anyone else heard the same?





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  • kuhelica2000
    02-12 08:21 PM
    Per country limit applies to every country in exactly the same way. It doesn't discriminate between Chad or China. So, how is it discrimination? And think about it- in Olympics soccer/basketball every country can send only one team. Should China and India be allowed to send more teams since they have a larger population? We should try to increase the number of GCs.

    No matter which side you are on, the quota system sucks. Period.

    1) Once you start receiving benefits out of being born in a particular country/ race/ sex/ religion, a notion of "entitlement" quickly builds up within you. This adversely affects your ability to perform, for you just don't have to work hard enough!
    2) If you are punished for being born in a particular country/ race/ sex/ religion, you have no incentive to perform, as you won't get what you deserve no matter how hard you work!

    How about this... during every Olympics, most number of Gold Medals are won by Americans. Now imagine a rule that prevents more than 7% of all Gold Medals going to people born in any one country. How does that sound?

    I will myself hate it if athletes from India (who haven't won anything in the Olympics till date) started winning gold medals simply because other countries cannot receive more than 7%!

    Of course, removing country caps will face opposition, but it should still happen, just because it is the right thing!





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  • samay
    07-28 04:25 PM
    question for lawyer.
    please find my details and dates as per below. my questions are as below.
    thank you

    First H1b approval Date:08/28/2001
    First H1b Stamp: 12/04/2001

    first H1 transfer:notice date: 05/16/2002
    first H1 Transfer approval date:09/25/2002
    second H1 Transfer Notice Date:03/20/2004
    Second H1 Transfer Approval Date: 09/10/2004
    First Permanant Labor Apply date: 02/28/2005
    H1 Extention on second H1 transfer:04/01/2007 to 03/31/2010

    Filled I-140 in March 2005 after Labor approval from backlog centre.
    filled I-485 in July 2007.
    Got RFE on Ability to Pay in sep 2007
    Filled Motion to reopen which got denied.
    Another Company filled Labor in March 2008.
    Labor got approved in May 2008.
    Filling I-140 in primium ?????


    question:
    H1 expiring in March 2010. will my H1b get extended based on the new Labor even if the labor was filled after the six years limit?
    do you think filling I-140 in primium will help in this situation?
    Does the out come of I-140 affect any other new application from another or same employer?

    Your case is a bit complicated and to answer your question I will have to look at your papers and the reason why your motion to reopen was denied. If you want a consult with me please take an appointment by going through Pappu. Thanks.



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  • sadshaq12
    10-26 09:42 PM
    I got I140 RFE last week
    Thhey are asking for 2000 tax return because case was file in 2000
    tax return is about 29k which is lower then my prefered wages
    my lawyer says he will file bank statement for the company which is enough but still i am not satisfy
    please share your info and advise

    THanks





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  • chintu25
    02-13 10:21 AM
    Agreed this is discrimination, what stops us from fighting this discrimination using legal class action lawsuit? Is it the money required or did a lawsuit fail earlier that inhibits us to file class action lawsuit?


    I agree with some senior members when they say that no one individual will come forward for the lawsuit . And I ask why should they ??

    And I think, even if one single or 2-3 people do come forward it will not be possible.

    This is the reason we have forums like our IV so that all can come together and take a decisive step together
    .

    Who can stop IV to file a lawsuit USCIS ? NO ONE

    Many members went on blabbering about how long the process is and how expensive it is ... REMINDER if we can come together and collect upwards of 35k FOR "Lobbying Efforts" we can definitely collect funds for a lawsuit.

    Some one here rightly said ...If we are retrogessed and there is a queue ..Is it because of you or me ?? NO it is due to the inefficiency of the USCIS.


    NO ROAD IS EASY IN THIS BATTLE..... AND ALL OPTIONS SHOULD BE EXPLORED

    Again , I want to reiterate , I think if IV core takes lead...hires a good attorney ....we will have funds for it....we have proved it in the past that IVians can contribute



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  • rockstart
    02-12 12:50 PM
    Does it mean that till Oct 08 bulletin there is no point to expect anything for India EB2?





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  • gjoe
    02-16 11:26 PM
    If you want to use AC21 and your current employer is playing dirty tricks like withholding you pay without any legal reason or trying to arm twist you into staying with him please try this following you would win without fail.

    1) Try to negotiate with your employer and make sure you don't compromise on your paid leave balance, last few paychecks and experience letter.
    2) If he is trying to scam you out of as much money as possible before you leave try to preserver all the written communication you had with him to recover your money.
    3) With all that paper work you have enough ammo to get all the money back and shut your bloodsucking employer.
    4) Call the sucker and tell him that you are sending a letter to the USCIS with CC to the president, congressman of your district and your state senator regarding your problem. Add in a couple of news agency names on the CC list just for kicks

    You can never go wrong with this plan, you will get your money back within a few days.

    BTW you can request USCIS to expedite your I485 and quote these kind of employer exploitation as a hardship. ( I never tried this part, who knows you might get your GC ahead of others) I don't know of anyone who has used this successfuly, if you try it please share your experience.

    The plan to get your money works, I have personally tried it. I didn't even send any letters. I just explained him that I will not lose anything even if my GC is denied but the sucker will end up with lots of trouble with USCIS.

    I was trying to build a case to fight ( in the court if required) the sucker but he backed off.



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  • panini
    05-11 05:16 PM
    Yes, I have seen this and more than enough LTTE sponsored propoganda web sites. This is nothing new. Just beware, do not believe everything you see. Do your own research and form your own opinion.

    Read this report if you have time. This will tell you why the problem in SL will be there for ever. Again i am not supporting LTTE.

    If SL does not change then someone else will come even if there is no LTTE.

    http://tamilnational.net/images/2009/april/Asia/TamilNational_Genocide_Part_I.pdf





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  • krishmunn
    06-15 06:37 PM
    H1b cap is 65k+ 20K for US master degree and remaining are exemptions. Total approimately 125K were issued on 2007.

    You mean the cap-exempt made up 50K ? That appears too high. What is your source of info.
    When you say total 125K were issued in 2007, did you exclude
    the transfer (basically a new H1 not subject to cap) ?



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  • dilipcr
    06-11 05:11 PM
    To be honest, I do agree that the US needs qualified people with skillsets. The real question is "Are the people from the desi consulting companies the real qualified lot ? " Just to get my background details out of the way. I am a new member, from India ofcourse, and I have recently applied for my citizenship. Now with this huge deluge of immigrants, especially from the desi consulting companies, I feel that my quality of life is getting adversely impacted. Do not rush to conclusions that I am anti Indian or anti immigrant. 12 years back when I first got my H1 visa, the requirements to qualify were strict. Staffing companies to a decent extent followed rules and tried to get the best and the brightest. Once the dot com boom started, people from all walks of life entered IT. This was true of not just the Indians but also of people in the US. Soon after the bust, the value proposition from these staffing companies was simply low cost. This is not to blame the staffing companies. They behaved in an economically rational way.

    Consider this scenario. If you run a consulting company, wouldn't you try to maximize your profits by staffing people in projects at the least cost ? This is econmically rational. You wouldn't worry much about the quality of the deliverables and all you would care is to dump as many bodies as possible at the client site or offshore and get the maximum bang for the buck.

    In this scenario, how is it feasible to expect immigrational justice when the bodies themselves dont provide exceptional talent and skills but simply offer low cost ? Now you would be tempted to bring in the analogous case of illegal low skilled immigrants. Remember they are just that - low skilled workers. They dont "steal" the jobs of high skilled workers. But this dumping of IT workforce has completely brought down the standard of living of the IT workers here. To be honest, those who get green cards today would feel the same way five years from now when the next wave of so called "skilled IT immigrants" offer even lower wages and destroy the quality of life.

    In summary, this retrogression is good in a way. The truly best and the brightest would still be employed until their turn for adjournment comes in. Only the weak are currently scared of the delays. I went through the same torrid GC phase after the tech meltdown in 2001. I was not worried of my job then but many people whom I knew got clobbered and were forced to leave. This is the darwinian flush and it will take its toll. Trust me this the bitter truth. If you people still consider that all the people on H1/L1 are part of the best and the brightest, they are WRONG. Only a small % (probably 20%) are the true best and the brightest and a good 50% will be flushed out. Sorry to say this and hey give me the red dots.





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  • angelfire76
    05-29 09:24 PM
    still ppl feel pulling others lag would get them GC - this commnity can never be united!:confused:

    You are not getting the point. We are not pulling others down, they are pushing us down.
    It's not a subtle difference.



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  • Macaca
    02-19 10:31 AM
    Actually, EB1 is current for India, China etc. Aren't they the brightest?
    Even US Ph D does not mean EB1. I know top 60 Schools in which fresh Ph D's (for Asst Prof) apply for EB2.

    I don't know if any US MS will go through EB1.





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  • ashutrip
    06-26 01:53 PM
    Once again, what is with this "Flood" and "too many". Petitions are postal packages. They are not Tsunami waves that would prompt them to shut down their doors to prevent flooding. They did get nearly 200,000 petitions in Vermont in one day. What happened ? Did the mail room clerk drown in fedex ? Were the packages overflowing in the parking lot ?

    Guys please stop thinking these logistics, and get a life. USCIS has people who are capable of predicting several hundred mail packages and handling them. They are inefficient and slow but they are not galactically stupid. And if they stop accepting petitions, it wont be because they have received "Too many" because it takes time to define "too many". So chill and try to file it before 31st July.

    These rumors are wreaking havoc on people who are not in a perfect position to control the timing of filing. Many lawyers and many employers will file between 25th and 31st July. And I can accept that. My own HR and lawfirm have made it clear that we will file before 31st July but there is no guarantee that it will be sooner than that and any sooner than that is not neccesary.

    Those who are filing on their own can file on July 1st. But those who are depending on lawyers and their own HR, please relax and stop thinking too much.
    out of context...but do u think dates will be current in august and sept...
    My labor in Atlanta....dont see it getting certified B4 August:( :(



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  • eager_immi
    07-12 12:08 PM
    No one is naive to know Canada is not oozing with opportunity. But since people are sick of the US and it's immigration policy Canada is an option for some especially ones who don't care to go back to India. No country is an option for all neither is USA.


    It seems after reading all this that canada maynot be for all aspirants. You need to know somebody already there and should have strong family ties before you land. Or better get a job offer from a company first or acceptance offer from an university if you want to enter as a student.

    Just my thoughts.....

    lotr





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  • dealsnet
    09-04 12:37 PM
    Your handle name POORslumDOG shows your charactor.

    1. Why you are here. (poor)

    2. It shows where you are coming from.(slum)

    3. Your real charactor (animal).


    you must be a educated idiot to think like this. Yesterday 1200 people died in heart attack in India and more than 15000 across the world. You mean all are because of YSR. Use your pea nut size brain man.



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  • snathan
    01-22 04:06 PM
    No need to regret. There are plenty of opportunities in India for right people. Salary is on par with USA.

    Then please pack your bags and leave the country in the next flight.





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  • polapragada
    09-24 12:12 AM
    I like this idea. And will support it. ANd write the E-mail





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  • amoljak
    10-23 04:02 PM
    Now can the company SELL this Labor certification? Can another company BUY such a Certification? I have heard a lot on this site about LC substituion and how they are sold/bought at a premium. How does all that work. Is that even possible?

    eb3_nepa, some people have the special ability to create business opportunities when others see none. E.g. Do you think a job at a primary school can be sold? Think again. You have to buy it in India. Another example... have you been to the Empire state building? For $12 you can wait in line for ~4 hours and enjoy the view after that. But for $40 you can go straight to the top. With labor sub its the same deal. Your company has an approved labor, there are 5 suckers who would otherwise wait 10 years in the GC line. They all do a great job of Java programming that you need your prospective employee to do. How do you decide which one to hire?

    For some companies its easy.. they select the one who pays them a premium.

    To your other question... no you cannot transfer approved labor to other company... so if you want to be in this business of labor subs, you have to go through the pains of labor before being able to sell one...

    Some smart people have figured another great business. They go through the labor pains once and then clone the labor certs (hint: color copier)... those visionaries sometimes end up behind bars...





    kondur_007
    07-22 02:20 PM
    for EB3 - I guess it is good that they are not allowing concurrent /premium 140 filing ..am I right ? because if they make EB2 current and they cannot use up the visas then they would make EB3-ww available ? wishfull thinking ..but hope that it works / happens that way

    Yes, that is a wishful thinking.

    The issue for EB3 is this:
    There is already a big backlog of EB2 cases, and unless EB2 numbers overflow to EB3, it will not advance to any appreciable extent. (also the number of filers in EB3 is higher than in EB2: including large numbers in EB3 ROW--not just highly subscribed countries).
    It would be anybody's guess when EB3 will move; but my guess is: not for next 2-3 years and may be longer (I dont mean to offend anyone, this is just my guess) unless there is a change in law (likely to happen with new president).

    If I were EB3 today, this is what I would do: Try to get EB2. (and I do realize that it is very expensive, time consuming and merely impossible for many EB3). When I mentioned this in one of my previous posts, I got an angry reply "then EB2 will become like EB3"....BUT THIS JUST SOMETHING FROM THE STAND POINT OF SOMEONE IN EB3....remember, i dont want people ahead of me in line either (I am EB2 and people switching from EB3 to EB2 with older priority dates will only delay MY GC; this is just an opinion from the stand point of EB3).

    If you are EB3 (and PD is not VERY old), and if you can not switch to EB2; sit back and relax...be happy with your EAD and AP and it is only a matter of time (I know, it is easy to say and I really do not mean to offend anyone here, but that is the reality...).

    Good luck to everyone...





    walking_dude
    02-13 02:16 PM
    Are you even reading my posts?!

    If visa numbers are increased along with elimination of country quotas ROW will not be impacted significantly. That's what has been posted a hundred times here. Yet, some of you refuse to see reason!

    If IV succeeds ROW waiting times will also be significantly reduced due to combination of visa number increase and recapture. That should be the incentive for ROW.

    Are you suggesting that IV's efforts would increase the wait times for ROW?
    What incentive does ROW have to work with IV then?



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