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  • paulinasmith
    08-08 08:50 AM
    If you are just another desk jockey, your company made a big mistake sponsoring your H1. H1 visa is only given to people in high demand with special skills where company cannot find a US citizen. Greencard is sponsored by a company when company proves that no USA citizen is available to do your job despite lot of advertising for many months. It is company wanting to keep you permanent instead of just 6 years and not you demanding to be permanent. This is Employment based Green card where employer sponsors you. You do not sponsor yourself unless you are extraordinary in EB1 and world's best. Why can't people get over this and stop demanding greencard as their right. Greencard is a benefit you get for having specialized skills that are in high demand in the job you do. If you think you are unique and no American can replace you after giving ads for several months, what is stopping you from finding another company and challenging them to try advertising for few months for your position. If they find someone, you will happily quit the job and vacate for the American citizen. And if they do not find someone, then they should sponsor you for Greencard. Do you have such courage to talk to HR or CEO of your company?

    I agree that there is no direct route or path defined between H1B and green card. In my opinion one have to concentrate on making maximum money USD$.USD$ is the only thing thing country have left remaining with.There are other secure economies where you can invest maximum USD$ (from here) and get better return (better interest rates). Chasing American Dream should be now over after living in the dark harsh realities of US.Many indians are putting their savings in India...





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  • grupak
    03-15 06:40 PM
    Dude, No one has been waiting on purpose! Do you even have a clue what was going on in 2002/03/04/05... Even though numbers were current the Labor process used to take 3-4 years! If your labor is not clear then having 485 current is not going to do much... The perm process was started in 2005!Just consider yourself lucky that atleast you have an organization like IV working for you and they was instrumental in gettin atleast EAD for you and your spouse!!

    EB3->EB2 also is contributing to this.

    Irrespective of the details, it should be clear that EB2 and EB3 for a lot of IV members will be backlogged. Wait times for later priority dates >2004 will be long.

    So, the best thing to do is get involved actively in IV action items. Else be prepared to wait and wait and wait.





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  • needGCcool
    03-12 09:51 AM
    I do care for the dates..but I am more disappointed with the language you use....This is a public forum...Learn some manners is all my point was to you.

    Aadarniyah Mittar,
    Aapki date current nahi hooyi toh mera kya kasoor...Lagta hai aapko bhi October tak inteyaar karna padega.





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  • snthampi
    06-11 12:32 PM
    Just sent email to senators.



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  • i4u
    04-26 10:25 AM
    Hi,

    I am currently on L1B visa since Mar09, another employer is offering for my h1b visa. I have below queries for l1 to h1 conversion process :

    1) How much time I can stay on H1 if I apply H1b now ? My total stay in US on L1 is 1 year 7 months, not a continuous one !!!
    2) What are the good options/approach to file for H1 considering the fact that I want work with current employer on L1B for current project ?
    3) Can I apply for H1 now and later do COS any time after October ?If yes, what is the max time before I need to do COS after H1 approval ?
    4) How about if my current project completes before oct 1st and I have already applied for h1 ?

    Kindly help me for above questions, would appreciate your help.

    Thanks in advance.

    Your current employer or new employer has to file the H1, and it will be subject to H1B cap; Processing times for COS petitions vary between 2-4 months.

    Take advice from a lawyer for specific details. Check out the IV wikki pages
    L1 Visa - Immigration Wiki (http://immigrationvoice.org/wiki/index.php/L1_Visa)





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  • Ramba
    07-09 07:44 PM
    I came across this law about the departmental control of numerical limitations, and I'd appreciate it if you all could post your interpretations of the same.

    DOS Reg 22 CFR �42.51:

    (a) Centralized control. Centralized control of the numerical limitations on immigration specified in INA 201, 202, and 203 is established in the Department. The Department shall limit the number of immigrant visas that may be issued and the number of adjustments of status that may be granted to aliens subject to these numerical limitations to a number:
    (1) Not to exceed 27 percent of the world-wide total made available under INA 203(a), (b) and (c) in any of the first three quarters of any fiscal year; and

    (2) Not to exceed, in any month of a fiscal year, 10% of the world-wide total made available under INA 203(a), (b) and (c) plus any balance remaining from authorizations for preceding months in the same fiscal year.

    Source: http://edocket.access.gpo.gov/cfr_2004/aprqtr/pdf/22cfr42.33.pdf


    Assuming that USCIS approved (based on which it supposedly requested visa numbers from DOS) 60,000+ I-485 applications between June 13 and July 2, would it or would it not be in violation of the clause in bold ?

    Specifically, can anyone come up with a proper explanation of the words "plus any balance remaining from authorizations for preceding months in the same fiscal year" and why, if so is the case, USCIS may not have violated the law?

    PS:People seem to be focusing on the eligibility to file the I-485 application when immigrant visa numbers are/aren't available in this thread. I am quite new to the procedures involved in processing green card applications and also to IV. If this question is out of place or silly, please pardon my naivette. I'd really appreciate it if a senior member could nevertheless answer the question.:)

    Note: The information in this post is the personal opinion of the author and is not to be construed as legal advice.

    I feel that they did not violate any clause. Till June 30 which is end of third quarter, they are authorized to approve (3*27%*140K) 113,400. However they approved only 66,400 till May 31. That yields about 47,000 for June alone(10%+any number not used in previous months). The reamining visas are eligible for Jul 1, which is 13,000. Put together June and July1, it comes 60,000. Therefore they did not violate any law. This makes only 126,000. The remaining number was splitted for Consular processing.

    my 2 cents...



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  • mirage
    02-04 08:51 PM
    Guys,

    I know ROW country may not like this thread, but look at EB-3 India or China, put yourself in our shoes and than you may realize how unfair this country is. In this unprecedented financial turmoil, I feel there are very remote chances for CIR or any package which increase immigration etc would pass, I am taking this initiative to gather as many people I can and go to washington. Again this is not an IV effort. If you are with me , you can spare some time it could be few days in Washington!! please PM me.
    Again we are not creating any organization or anything, we are not going against IV's agenda. This is also a part of IV's agenda, but for now our sole agenda will be to bring a 2 line bill to remove country quota or increase the country cap(whichever can fly).

    PS : For EB-3 India, unless country cap is removed or increased, you can presume you GC application dead forever...For EB-2 India It'll be a long journey for people with PDs sooner than 2005...

    Thanks





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  • battineni
    08-12 09:47 AM
    How come a person with EB2 category applied GC in 2006 doing the same thing that a EB3 person does who applied GC in 2002 gets their Green Cards approved?? Again not against any category...What in the world of kinda rationale is this is??

    not even 2002, it's just 01Jan2002, means only 2001.

    EB2 person who applied for greencard in 2006 getting the GC wth the person who applied in EB2 - 2006.

    This gap between EB2 and EB3 is keep on increasing....

    EB2 move is in Months....EB3 move not even in Days...

    I'm not against EB2... but just comparing.:(



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  • vandanaverdia
    09-12 02:32 PM
    You and me together can make a difference...
    Lets all stand up together & be heard!!!!
    Come to DC!!! GO IV!!!
    Help IV help you....
    Its now or never...Or else it may be too late....





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  • nlssubbu
    09-28 02:19 PM
    Yes, thanks for all your comments, and I would only request everyone to participate more actively on IV stuff. Start building your state chapters, spread the message.

    When IV was expecting 10000 people for the rally only 2000 + came. It is obvious that America needs us and we need America and we must all unite to make this a better place.

    Jane - your points taken. But, it is not all about rasicm. In a cosmopolitan society, everyone is same. It is just the fact that the communities from the majority opposue us.

    A good example is Ron Hira. He is 100% Indian immigrant. He has been one of the architects behind the Durbin Grassley provisions.

    So many people who work against us are the recent green card holders. A good example of such people who lurk in our forums is Senthil1. He got his green card and wants to do as much damage as possible for future immigrants, so that he is always in demand and does not face competition.

    Since 1970s Indians and Chinese have migrated as doctors and engineers and have been in top positions here. If you are trying to immigrate today - you are a direct competition to their children who are raised here with comforts, they are the ones who influence the govt with restrictive policies.

    Recently Jay(logiclife) was on a radio station and the person interviewing jay was a radio jockey of Indian origin. He is definitely not the highly skilled types, and he was behaving exactly like Ron Hira types

    Hi Chandu,

    Not all GC holders are against the aspiring GC seekers. In fact, I am promoting IV actively to many older GC holders and exposing how bad the system is now when compared to their days. [Say from 10 years ago]. I am trying my best to help many, who are in line with what ever little knowledge I gained during this process. I will be happier one and only if this broken system is fixed and the process is made transparent. I only wish that this will happen during my life time :p

    Thanks

    PS: I did not had IV during the time when I started my GC process :mad:



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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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  • crazyghoda
    01-30 02:15 PM
    Wow! Thanks a lot for posting such detailed RFE information. This really helps a lot in understanding what I may be asked.

    My GC sponsoring employer revoked my H1 last year itself. I could see the change in status back then itself within a month of having left them. Nothing happenned after that. I got a new H1 from my (then) new employer and things continued as before. This employer has not yet revoked my H1 (from what I can see) and its probably because they are almost going under. There are less than 25 people left in the company so I doubt that they will have spent the money to go and revoke all the H1s of the folks they laid off.

    Maybe its like someone suggested - USCIS is pre-processing my 485 based on received date since I mailed my app very early on in July 2007.

    Hi had an RFE when my dates were not current. Here is the scan of my RFE notice.
    Hope the scan helps you prepare in advance the necessary documentation.

    http://i22.photobucket.com/albums/b337/sprash/RFEMine.jpg
    http://i22.photobucket.com/albums/b337/sprash/RFEWife.jpg

    I had discussed this in the following thread:
    http://immigrationvoice.org/forum/showthread.php?p=296497#post296497


    My *guess* is that the revoking of previous H1b has triggered this RFE --- When my wife's previous employer canceled her H1b it took a few months before her already approved h1b petition was reopened (as per USCIS online).

    The suspense must be terrible!

    Good luck.



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  • conchshell
    07-28 11:00 AM
    Instead of discussing this matter on IV forum ... please report it to Vishwa Hindu Parishad ( www.vhp.org ) They are actively searching for such issues.





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  • bank_king2003
    02-12 02:05 PM
    Would you mind asking source/link for "another 13,000 shifted over"?

    As per this link - family based numbers were totally used up for FY2008
    http://www.travel.state.gov/pdf/FY08-AR-TableV.pdf
    Family based visa used for FY2008 = 226,105 against 226,000 available.



    I suggest that you follow your own advice and read & understand what is being posted in this thread. What do you think? Is this information or "message" correct?



    ______________________
    Not a legal advice.

    hold on guys!!! i was the one who started this thread because i was not sure if ron was right or not but i guess seeing desi3933 comments that he is right and ron may not have the proof to justify this time.

    it is good if we can get some proof of uscis wasting/not using visa but untill then please dont blame each other..

    I feel the arguments desi3933 is giving.... makes most of the sense as compared to the last reply by ron which was like a general response instead of showing root cause of 13k visa lost.

    peace V



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  • dreamworld
    11-17 05:14 PM
    guys, looks positive to me. if you can get better job, beat the Green Card suffering for good-prof-experience.

    Can I switch at this time and i need your advice.

    I am on 7th year (visa valid until 2008 March) and Waiting for LC approval.
    Lets say, switching to company B.
    Company B files LC, Say LC does not come in 1 year

    At company B after 1 year of pending GC during 7th year.
    Can I get H1B extension based on my pending Company-B's LC?

    If I can, then i will consider switching.

    Want to move on and keep competitive...





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  • surabhi
    07-28 12:56 PM
    The corporates know what they are doing. They want to create controversy and rake in sales.

    I consider myself liberal as in live and let live. This depiction pushes envelope big time. Along with rights comes the responsibilites.

    I guess the marketing honchos at this company couldnt care less

    For those who hasnt seen the image, I tried attaching here. Not sure if it'd come thru.
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  • cool_desi_gc
    03-17 04:15 PM
    This clearly shows that EB3 India pipe is clogged becuase of lot of pending cases in 2001/02.Many of them are 245i cases as well.Once the PD crosses 2002, EB3 should go a little smoother.

    BTW, mine is Dec 2002





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  • retrohatao
    02-07 10:32 AM
    Admin,
    I beg to differ. As far as USCIS is concerned, it just forwards the security clearance request to FBI/Homeland security. It does not follow up unless you sue USCIS. As far as they are concerned, the "ball is in FBI's court" ( exact words of the representative). So NameCheck need to be a separate issue.





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  • bskrishna
    07-22 05:12 PM
    So there is a good possibility that PD will not go back much in October 08 for EB2 I. There are about 40-50 k visa nos. EB2 I nos seem to be 20-30 k from about mid 2004 to mid 2006. CIS is capable of issuing 25k visas a month. So this could really happen...

    if the visa nos left unused, spills over to FB, how the recapture bill can work, as the nos are being really used in FB. am I not seeing something here..?





    vivekm1309
    07-17 03:28 PM
    let us keep fighting /exposing these liars.

    Great ..the tax related point has been removed. I did write to them that my lawyers will be contacting them with proof my tax returns.

    Let us attack more points ...finally they will shorten this fax message to one point ...:)





    feedfront
    09-14 02:03 PM
    Well, I have not received RFE mail yet. I have changed my employer because our division was sold to Canadian firm and they moved everything to Montreal.

    After changing my employer (in June), I applied for EAD/AP and both got approved within 3-4 weeks w/o any issues/RFE.

    I have not filed for AC21 and used EAD to switch job. I think my previous employer might have notified USCIS about H1B case (as I had valid H1B too). Again as per attorney, it takes months if not year for USCIS to work on such notifications.

    I had travelled to India last year July and came on AP as I could not get H1B stamp in India. The US consulate took more than few months to approve the my application and by that time I had already come to US on AP as suggested by my employer's attoteny.



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