BharatPremi
03-17 02:19 PM
Based on your assumptions, it would take around 2 years to reach Dec 2003 for EB3-India.
# of visas required = 5000 or 6000 * 1.75 = 8750 or 10, 500
# of visas available = 5000
# years of wait until Dec 2003 = 1.75 to 2.1 years.
Right. But here USCIS plays its villain role. What happens is USCIS moves clock ahead depending upon last month's "demand." We always think stramline logic.. USCIS does not work that way. It will kick PD to x date for an example Dec 2002. Now at the same time it will keep RD at say for example july 2001..Now it will keep some files eating dust in Name check so end effect is "Some" will get their gC. So next month, seeing this "demand" USCIS will kick PD further.. same game.. I believe at some level it decides seeing it reaching to "3500" limit put a break. So in reality what happen is even though USCIS kicks PD ahead not "all applicants with valid PD" get their GC. If they are unlucky enough to stuck in name check or RD is not being current, they will again wait for years for next kicking cycle start from April 2001.
# of visas required = 5000 or 6000 * 1.75 = 8750 or 10, 500
# of visas available = 5000
# years of wait until Dec 2003 = 1.75 to 2.1 years.
Right. But here USCIS plays its villain role. What happens is USCIS moves clock ahead depending upon last month's "demand." We always think stramline logic.. USCIS does not work that way. It will kick PD to x date for an example Dec 2002. Now at the same time it will keep RD at say for example july 2001..Now it will keep some files eating dust in Name check so end effect is "Some" will get their gC. So next month, seeing this "demand" USCIS will kick PD further.. same game.. I believe at some level it decides seeing it reaching to "3500" limit put a break. So in reality what happen is even though USCIS kicks PD ahead not "all applicants with valid PD" get their GC. If they are unlucky enough to stuck in name check or RD is not being current, they will again wait for years for next kicking cycle start from April 2001.
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rimzhim
01-28 11:04 AM
I don’t want to start another war here but all I am asking for is a fair treatment of people and not discriminate against people based on country of birth. One of the reasons I left my country, India, is because of the discriminating that exists there in terms of "reservations" where everything is reserved based on your caste for 50%. Now please dont tell me reservations and country cap are different, they are not different they are the same. they accomplish the same purpose in case of skilled immigration.I never thought such a thing would happen in US but it seems worst here because Indians and Chinese make up almost 70 to 80% of H1 (which is dual intent) but when it comes to employment based green cards (which are based on H1) Indians and Chinese combined get only 14% of the visas, don’t you see the tragedy here? Why don’t they enforce the country cap on H1 also, that way people from India and china will not have to suffer worse than others? But US is a competitive country, they want the best available talent for H1 and that’s the reason they don’t put country caps on H1.
Take my case for example, I have come to this country in 1999 on F1 and have been working and paying takes since 2001. I am not even able to apply for 485. If I get laid off now I will have to leave US next year. Contrast this with somebody from Taiwan, UK or some non retrogressed country. In some cases they can get green card within the first year of coming to US. This is not a hypothetical case but a scenario which is happening quite often, especially in EB2. In my own company I have seen people (6 so far) who are 5 years junior to me (i.e joined the company 5 years after I did) get a green card where as I am dazed and confused and haven’t even applied for 485.
I totally agreed with country caps in non skilled immigration, because the only criteria is that you don’t have any diseases and don’t have a criminal background. But in skilled immigration it does not make sense to apply country caps unless you apply country caps in H1. but US is a competitive country, they want the best available talent for H1and that’s the reason they don’t put country caps on H1.
I understand your plight, but then the solution is to put a country cap to H1. Also, I respectfully disagree with comparing your situation in regards to caste etc in your country to country-cap based quotas in the US. This has only happened because the number of H1s for many years exceeded the number of GCs allowed every yr. The US does believe in some diversity which is why they have affirmative action, and the country cap has been imposed in the same spirit. Affirmative action will not go away from the US even if it is, as you say, same thing as caste-based reservations in your home country. I agree: there should be a country cap on H1 also and the total number of H1 per yr should never exceed the number of GCs per yr.
Take my case for example, I have come to this country in 1999 on F1 and have been working and paying takes since 2001. I am not even able to apply for 485. If I get laid off now I will have to leave US next year. Contrast this with somebody from Taiwan, UK or some non retrogressed country. In some cases they can get green card within the first year of coming to US. This is not a hypothetical case but a scenario which is happening quite often, especially in EB2. In my own company I have seen people (6 so far) who are 5 years junior to me (i.e joined the company 5 years after I did) get a green card where as I am dazed and confused and haven’t even applied for 485.
I totally agreed with country caps in non skilled immigration, because the only criteria is that you don’t have any diseases and don’t have a criminal background. But in skilled immigration it does not make sense to apply country caps unless you apply country caps in H1. but US is a competitive country, they want the best available talent for H1and that’s the reason they don’t put country caps on H1.
I understand your plight, but then the solution is to put a country cap to H1. Also, I respectfully disagree with comparing your situation in regards to caste etc in your country to country-cap based quotas in the US. This has only happened because the number of H1s for many years exceeded the number of GCs allowed every yr. The US does believe in some diversity which is why they have affirmative action, and the country cap has been imposed in the same spirit. Affirmative action will not go away from the US even if it is, as you say, same thing as caste-based reservations in your home country. I agree: there should be a country cap on H1 also and the total number of H1 per yr should never exceed the number of GCs per yr.
a_yaja
12-28 03:25 PM
Please excuse my ignorance,,but what is 529
529 is a college savings program that lets you put in money for your children's education. All contributions to the 529 account grow tax free, as long as they are used for higher education (bachelor's and above). Currently, the contribution is not exempt from Federal Income tax, but in Ohio, the first $2000 is exempt from state income tax. If the money is used for anything else other than higher education, there is a 10% penalty and the withdrawal is taxed as ordinary income. I think you can get away with the 10% penalty if the designated child gets a scholarship.
529 is a college savings program that lets you put in money for your children's education. All contributions to the 529 account grow tax free, as long as they are used for higher education (bachelor's and above). Currently, the contribution is not exempt from Federal Income tax, but in Ohio, the first $2000 is exempt from state income tax. If the money is used for anything else other than higher education, there is a 10% penalty and the withdrawal is taxed as ordinary income. I think you can get away with the 10% penalty if the designated child gets a scholarship.
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Madhuri
04-02 03:41 PM
You are absolutely right about rippling effect. I personally know someone, yet to graduate, yet to get OPT also, but got trained in ETL/Datawarehousing before graduation, got a job thr' desi shop as a H1 consultant with 6 years experience. I was really shocked to see the level to which people can lie. I am sure their lies won't stand in critical work situations when REAL exp. is warrented. But the damage is already done.
[QUOTE=imv116]
Nothing wrong, but just the fact that hiring becomes difficult and and people with genuine experience will also have to go through stringent hiring procedures. Say someone really has 8 years experience and someone is faking 8 years experience, both are competing for the same job and as a hiring manager, if the job is filled with someone with fake exp and this person does not perform, it will have a rippling effect. I have seen this happen.
[QUOTE=imv116]
Nothing wrong, but just the fact that hiring becomes difficult and and people with genuine experience will also have to go through stringent hiring procedures. Say someone really has 8 years experience and someone is faking 8 years experience, both are competing for the same job and as a hiring manager, if the job is filled with someone with fake exp and this person does not perform, it will have a rippling effect. I have seen this happen.
more...
Jaime
09-10 11:54 AM
Hey, I know many of you might still be hesitant to attend the rally, and probably there's a number of reasons. But, whichever the reason, please remember this:
You should attend the rally even if you were the only person attending! You shoulld attend because YOU"VE HAD ENOUGH and you want to tell Congress everything that you have had to be quiet about so far! You should attend because we may not get a chance like this again!
Think about this. When you are driving your car late at night and you come up to a traffic light on red, you still stop even if there are no cars to be seen anywhere. You do it because that's the right thing to do. When you see someone beating somebody up you speak up, right? Because that's the right thing to do. We are putting the green light on right now for you to speak up, and we have the chance to tell Congress how we have been "betaen up" repeatedly by the system. WE NEED TO DO THIS! Don't stay quiet!!!
Once you rid yourself of the feeling that "1 more person (you) cannot make a difference" (which you can, by the way, but that's not the point) then you realize that the reasons for attending the rally are based on PRINCIPLE and not only on numbers. That is what Gandhi and Martin Luther King would have done. THEY SUCCEEDED!! WE WILL TOO!! BUT WE NEED YOU IN WASHINGTON!!!
You should attend the rally even if you were the only person attending! You shoulld attend because YOU"VE HAD ENOUGH and you want to tell Congress everything that you have had to be quiet about so far! You should attend because we may not get a chance like this again!
Think about this. When you are driving your car late at night and you come up to a traffic light on red, you still stop even if there are no cars to be seen anywhere. You do it because that's the right thing to do. When you see someone beating somebody up you speak up, right? Because that's the right thing to do. We are putting the green light on right now for you to speak up, and we have the chance to tell Congress how we have been "betaen up" repeatedly by the system. WE NEED TO DO THIS! Don't stay quiet!!!
Once you rid yourself of the feeling that "1 more person (you) cannot make a difference" (which you can, by the way, but that's not the point) then you realize that the reasons for attending the rally are based on PRINCIPLE and not only on numbers. That is what Gandhi and Martin Luther King would have done. THEY SUCCEEDED!! WE WILL TOO!! BUT WE NEED YOU IN WASHINGTON!!!
vkrishn
07-15 06:02 PM
Interesting that I did fingerprinting only in 2007 Nov/Dec after applying for I485 during the July 2007 fiasco. I have not received any fingerprinting notice since then. Guess I made an impression with my fingers. :)
I wonder why people are getting fingerprinting notices every year? I read a couple of cases about it.
Getting my EAD renewed, even though i am not on it. Renewal Package sent to USCIS.
Getting my AP renewed. Our company Attorney does it even though i don't use it and i am on H-1. Renewal Package Sent to USCIS.
Getting my H-1 renewed as it expires this Oct 10. Finished my 6yrs on H-1. Renewal Package Sent to USCIS.
If i get my I485 Approved in August, then USCIS gets all the money from the renewals that were sent for my case.
I wonder why people are getting fingerprinting notices every year? I read a couple of cases about it.
Getting my EAD renewed, even though i am not on it. Renewal Package sent to USCIS.
Getting my AP renewed. Our company Attorney does it even though i don't use it and i am on H-1. Renewal Package Sent to USCIS.
Getting my H-1 renewed as it expires this Oct 10. Finished my 6yrs on H-1. Renewal Package Sent to USCIS.
If i get my I485 Approved in August, then USCIS gets all the money from the renewals that were sent for my case.
more...
HV000
03-19 12:53 PM
Question on AOS processing based on PD/RD - Currently, EB2 INDIA is Dec 03. Assuming May 08 VB goes to Jan 03 (EB2 INDIA) , will the EB2 INDIA AOS applications with Feb - Dec 03 PDs still get processed??
Any chance of EB2 India moving forward to April 05 by October 2008??
Any chance of EB2 India moving forward to April 05 by October 2008??
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nomi
12-12 04:59 PM
All of the documents in this link are written by
"Micheal Aytes /s/,
Acting Associate Director, Domestic Operations
U.S. of Citizenship and Immigration Services
Department of Homeland Security"
I wonder if he is the person we should be talking to. Although the document does not indicate which city he works in. He should at leats be able to tell us who in USCIS makes these decisions if he is not the right person.
Also I was not able to find anything about not allowing concurrently to file 140/485 applications. Where was this information published? Does anyone know?
what about if we write a letter to USCIS and ask for some relief and all IV member fax that letter to USCIS same day. USICS will take notice about that many faxes same day and may be throw some light on this issue.
What do you guys think ??
"Micheal Aytes /s/,
Acting Associate Director, Domestic Operations
U.S. of Citizenship and Immigration Services
Department of Homeland Security"
I wonder if he is the person we should be talking to. Although the document does not indicate which city he works in. He should at leats be able to tell us who in USCIS makes these decisions if he is not the right person.
Also I was not able to find anything about not allowing concurrently to file 140/485 applications. Where was this information published? Does anyone know?
what about if we write a letter to USCIS and ask for some relief and all IV member fax that letter to USCIS same day. USICS will take notice about that many faxes same day and may be throw some light on this issue.
What do you guys think ??
more...
sbabunle
07-02 09:46 AM
bheemi
Nobody is invincible or above the law here. If we have the right resource
we could do that. Remember Pres: Clinton was impeached once.. As an organization our main problem is money. People often visit here to find a remedy for their proble, or to get some information. But the contributing members are very less. If we have right resources and right reasons we can bring anyone to their knees
babu
YOU PEOPLE understand first what i kept in the reply. I did not blame IV for doing other efforts..I am talking about facts about USCIS..So dont make fool us or yourself as IV or any other organization will not be able to attack USCIS..Bcoz USCIS is monarch..
Nobody is invincible or above the law here. If we have the right resource
we could do that. Remember Pres: Clinton was impeached once.. As an organization our main problem is money. People often visit here to find a remedy for their proble, or to get some information. But the contributing members are very less. If we have right resources and right reasons we can bring anyone to their knees
babu
YOU PEOPLE understand first what i kept in the reply. I did not blame IV for doing other efforts..I am talking about facts about USCIS..So dont make fool us or yourself as IV or any other organization will not be able to attack USCIS..Bcoz USCIS is monarch..
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boreal
04-21 08:36 PM
Could someone post the meeting notes.
Quite a few number of ppl from IV attended and i do hear that some good things are going on in the background, esp with the Congressman's Guiterrez's office...Hopefully something good will happen for all of us out this....
Quite a few number of ppl from IV attended and i do hear that some good things are going on in the background, esp with the Congressman's Guiterrez's office...Hopefully something good will happen for all of us out this....
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conundrum
10-17 11:36 AM
Faxed and mailed!
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malaGCPahije
03-17 04:21 PM
What I am saying is spill over from ROW goes to EB2 first. It does not split to EB2 and EB3 evenly. So more people from EB2 gets visa granted and thus people who joined EB2 bandwagon from EB3 and had earlier PD, they get Visa quickly. Now generally this spillover does not go to EB3 from EB2 having high demand from EB2 and thus EB3 get stuck with conventional numbers with 7% country limit and thus EB3 numbers move slowly. But if that spillover happens for both EB3 and 2 equally than EB3 can also move little bit quickly which is not the case. Thus shortening the queue by switching over to EB2 does not give full advantage to remained lot of EB3.
The recent movement in EB2 have been contributed to the spillover from EB2 ROW. That raises a question over the spill over rules. The EB2 ROW spill over should have helped EB3 ROW. But EB3 ROW is not yet C, however EB2-I moved up. If the spillover happens at the same level, then EB3-I may have hope in the future when EB3-ROW becomes C. Is such an assumption right or wrong?
The recent movement in EB2 have been contributed to the spillover from EB2 ROW. That raises a question over the spill over rules. The EB2 ROW spill over should have helped EB3 ROW. But EB3 ROW is not yet C, however EB2-I moved up. If the spillover happens at the same level, then EB3-I may have hope in the future when EB3-ROW becomes C. Is such an assumption right or wrong?
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lahiribaba
03-10 11:44 AM
You are partly right, but the problem does not end there. Lot of it has to do with the disorderly way the applications were/are being picked up. All the old applications were pushed to BECs and newer perm applications were picked up for processing. The dates were abruptly moved forward which allowed USCIS to approve newer 485 applications before the dates were pushed back. I am a victim of both these cases� Also, there has been a lot of wastage of visa numbers. If none of these happened I am sure the EB3 dates would have move forward without getting stagnated in 2001.
well you got to re plumb once in a while dont you?
the water and drainage system that worked 100 years ago does not work now ... or does it?
well you got to re plumb once in a while dont you?
the water and drainage system that worked 100 years ago does not work now ... or does it?
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bigboy007
06-30 05:57 AM
Sorry didnt follow up this thread , i dont know why USCIS is asking for colored copies , Passport i dont know but i have seen in clearly through state of ILLINOIS website some where about ITS ILLEGAL TO TAKE ID COLOR COPIES i noticed this when i am taking photo copy color and fedex kinko's person and tore away the color copy and said we both will be at risk as its strictly illegal. I dont know about other states and hence said so , let the RFE come i will then send it for DL; i am sending the one for passport in color though. i enquired with my lawyer he said thats fine just to update you .They might be asking it for clarity in picture i achieved the same using color copier but B/W with light tone effect. It came really good. I hope that useful.
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boreal
12-28 02:36 PM
Yes this is correct. If you have an approved I-140 and your I-485 is pending for 180 days, the employer cannot revoke your I-140 unless there is fraud in getting the I-140. If you have done joint filing of the two, if you get your I-140 within 6 months of the joint filing, you can change employers immediately after that. Of course, you can't just go to any employer; it has a to be a similar job.
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aviv
07-24 06:47 AM
I Don't think Sanjay's checks got cashed! Please see his posts
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redindian
07-16 07:00 PM
I think we need to counter act and stop this kind of False Propagandas
Core Team Please draft a Letter in accordance to this we will all send Web faxes...
Not every Senator has time to learn the facts they would only believe any statement or propaganda somebody is making. we should strongly object it..
Again it is my personal view..
the fax contents has been like this since last year - so i think they are just pathetic liars/losers who just want to spread false information about us.
i am sure they know that we pay tax/social security - but it doesnt help their case.... no difference between these racists and AlQda madarassas
Core Team Please draft a Letter in accordance to this we will all send Web faxes...
Not every Senator has time to learn the facts they would only believe any statement or propaganda somebody is making. we should strongly object it..
Again it is my personal view..
the fax contents has been like this since last year - so i think they are just pathetic liars/losers who just want to spread false information about us.
i am sure they know that we pay tax/social security - but it doesnt help their case.... no difference between these racists and AlQda madarassas
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vkannan
06-08 06:46 PM
That "small change" of EB2 China PD is very important. It suggests that there is going to be "Spill over" so EB2 India and China will have to move together to use the unused numbers. A good sign; at least EB1 retrogression does not seem to be likely and there will be some spill over numbers to EB2 India (EB2 china may not benefit much as it had a PD later than that for the rest of the year.
Scorpion: how can you say "no spill over". EB2ROW is current and so spill over is likely (more likely from EB1 and even to some extent from EB2 ROW)
Moreover, EB2 ROW remained current meaning that they have not used all their quota; they will not use any spillover numbers and they may even provide spill over numbers to EB2 India and China.
Maybe:
Last year USCIS/DOS did the spill over in Aug/Sep, before doing the spill over they did bring china and India Cut-off date to have the same date. yes your thought could be right, there are some visas which they are "Forecasting" would be available for spill over.....
Maybe Not:
Its Just a forecasting right(v all know how good USCIS/DOS are when it comes to forecasting...) they might very well be proven wrong ......and moving china EB2 to India EB2 does not going to affect them in any way.....
Scorpion: how can you say "no spill over". EB2ROW is current and so spill over is likely (more likely from EB1 and even to some extent from EB2 ROW)
Moreover, EB2 ROW remained current meaning that they have not used all their quota; they will not use any spillover numbers and they may even provide spill over numbers to EB2 India and China.
Maybe:
Last year USCIS/DOS did the spill over in Aug/Sep, before doing the spill over they did bring china and India Cut-off date to have the same date. yes your thought could be right, there are some visas which they are "Forecasting" would be available for spill over.....
Maybe Not:
Its Just a forecasting right(v all know how good USCIS/DOS are when it comes to forecasting...) they might very well be proven wrong ......and moving china EB2 to India EB2 does not going to affect them in any way.....
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vaishnavilakshmi
07-11 02:04 PM
Request More Eb3 Guys To Participate......
Please....
Hi Alex,
How about ur details?u havenot posted ur details here???
vaishu
Please....
Hi Alex,
How about ur details?u havenot posted ur details here???
vaishu
WeldonSprings
08-27 11:16 AM
Anybody has numbers for No. of EB Visas processed for June ad July 08. Till May 08 total 113475 has been processed. So, total remaining would be 50000.
Aug. 08 somewehere 6000 were processed.
I485 Receipt I485 Pending I485-processed FB I-485 EB I-485
Oct-07 237915 842231 50548 42500 8048
Nov-07 51773 845691 48313 42500 5813
Dec-07 35020 833141 47570 42500 5070
Jan-08 35771 813238 55674 42500 13174
Feb-08 38210 787516 63932 42500 21432
Mar-08 43548 762938 68126 42500 25626
Apr-08 50951 742597 71292 42500 28792
May-08 45357 739934 48020 42500 5520
* Data from USCIS months processing report
** Oct 07 Receipt number changed from 137915 to 237915 (just looked incorrect)
** FB is flat (730k-220k CP / 12 months)
We have 113475 EB I-485 processed until May 08 (in 8 months), if we take 80% acceptance rate the number of visa used will be 90780 and if we use 90% acceptance rate USCIS may have used 102127 visas.
Aug. 08 somewehere 6000 were processed.
I485 Receipt I485 Pending I485-processed FB I-485 EB I-485
Oct-07 237915 842231 50548 42500 8048
Nov-07 51773 845691 48313 42500 5813
Dec-07 35020 833141 47570 42500 5070
Jan-08 35771 813238 55674 42500 13174
Feb-08 38210 787516 63932 42500 21432
Mar-08 43548 762938 68126 42500 25626
Apr-08 50951 742597 71292 42500 28792
May-08 45357 739934 48020 42500 5520
* Data from USCIS months processing report
** Oct 07 Receipt number changed from 137915 to 237915 (just looked incorrect)
** FB is flat (730k-220k CP / 12 months)
We have 113475 EB I-485 processed until May 08 (in 8 months), if we take 80% acceptance rate the number of visa used will be 90780 and if we use 90% acceptance rate USCIS may have used 102127 visas.
mallu
02-15 04:25 PM
What is the current % of India/China folks in USA now that threaten to affect diversity ? Also how many (% ) from Italy,Ireland,UK etc ?
Anything published ? Just curiosity ( not questioning any current laws )..
Anything published ? Just curiosity ( not questioning any current laws )..
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