bestofall
03-06 10:35 AM
I will do my part before 31 st March
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unitednations
02-04 11:53 PM
I came to the conclusion just based on section INA 202 (a) (5) (A). Nothing more nothing less. You came to funny conclusion of "quaterly basis".
EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
You are critizising H1B indians and their employer screwing the system which is not relevent to what we are talking here. If you feel so, then attack who ever spoiling the system and regulate those. Instead you are trying to justify your interperataion is right and what DOS is doing is right. I will be the happiest person if they ban labor subsitution and ban desi consulting companies or H1B dependent employer participating in GC sponsering. Then this mess might have not happened.
Because this discussion has happened so much. That is this exact discussion when everyone was trying to determine whether they should go for eb2 or eb3; the common prevailing attitude was horiziontal rather then vertical.
What made everyone shut up including me was what was written in november 2005 visa bulletin. It was there for everyone to see how it was going to be interpreted. Anothe law firm had reported chines usage year to date and it was concluded that they may fall short of the 11,000 visas (ie., 7% cap). With all this available; not one lawyer has decided to sue department of state or uscis over this. Why is that? Maybe what they are saying is correct and you are reading into it what you want to read into it.
Any time someone gets around to explaining the system; they are automatically branded anti-indian. Funny but everyone I know through immigration is Indian. Therefore, whenever someone brands me anti indian or even comes close to it; I get a very good chuckle out of it and so do the people who know me that frequent these boards and immigration.com
How the visas are being allocated actually is pretty relevant because it helps everyone to understand how it all works and comes together. I had been on the record that maybe people shouldn't get too worked up about this. The louder one becomes the more scrutiny starts happening. Once the scrutiny gets wratched up a few notches; are you ready to counter it.
What is this scrutiny that you may ask?
Newspaper in Maine did very thorough investigation of companies who sponsored labors through Maine. It was very hard hitting whcih asked for comments from Department of labor and USCIS. Both are investigating it. Essentially it said that companies rented out a cube and filed 60 labors and 100 h-1b's when their real offices were in other states that were taking a long time to get labors approved.
Backlog reduction centers are challenging companies to prove that their headquarters were where they said they were? They are questioning whether there is a permanent job. Companies are not responding and letting the labors go. Don't you think department of labor will start going into the approved labors and start scrutinizing them.
California service center denied many cases for two companies that I know of who had revenues of over $20 million. Reason for denial was that they are temp. agency and no permanent job. No permanent job; no I-140 approval. Companies have gotten a good dose of H-1b RFE's from california service center regarding this. Many have gotten the h-1b's denied because they can't even substantitate they have a job for the person. If they don't have a temp. job then how can they have a permanent job. Chennai consulate is giving very difficult time to staffing/consulates. It has gotten so bad that back in early december; consulates in india said if you are good in english you can go to ther consulaes in india. Guess what? Chennai it only takes two days to get an interview now because everyone refuses to go there. Just a matter of time before new delhi and mumbai catch up. if consulates are refusing visa stamping for temp. jobs what do you think will happen when they start ratcheting it up a notch to the permanent jobs.
Main reason they haven't gotten into the permanent jobs yet is because nurses which are really in demand also get greencards through staffing companies and are outsourced. Since, nurses are needed; uscis doesn't want to give a hard time to the staffing agencies; therefore, they don't want to be accused of double standards. We will see how this will change if at all as retrogression and increasing visas and studies are performed how people are getting greencards come to light.
btw; I have been on record that as long as country cap of 7% is maintained; it would have disasterous consequences for India/China to allow 485 filing without priority date. Since the 7% cap applies then that means someone who enters usa today from ROW and files an eb2 labor will get priority over you. Anyone can file a 485 as long as they have a labor, 140 and they are in non immigrant status. I know of three people through other forum who were from ROW; came on visitor visa found someone to file perm labor get approved in a couple of weeks and then go straight to 140/485. Since they can file 485 right away they get precedence over india/china. Anyone on visitor visa would be eligible. This would number in the millions. It would be quite possible that there would be never ending retrogression for India and China.
EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
You are critizising H1B indians and their employer screwing the system which is not relevent to what we are talking here. If you feel so, then attack who ever spoiling the system and regulate those. Instead you are trying to justify your interperataion is right and what DOS is doing is right. I will be the happiest person if they ban labor subsitution and ban desi consulting companies or H1B dependent employer participating in GC sponsering. Then this mess might have not happened.
Because this discussion has happened so much. That is this exact discussion when everyone was trying to determine whether they should go for eb2 or eb3; the common prevailing attitude was horiziontal rather then vertical.
What made everyone shut up including me was what was written in november 2005 visa bulletin. It was there for everyone to see how it was going to be interpreted. Anothe law firm had reported chines usage year to date and it was concluded that they may fall short of the 11,000 visas (ie., 7% cap). With all this available; not one lawyer has decided to sue department of state or uscis over this. Why is that? Maybe what they are saying is correct and you are reading into it what you want to read into it.
Any time someone gets around to explaining the system; they are automatically branded anti-indian. Funny but everyone I know through immigration is Indian. Therefore, whenever someone brands me anti indian or even comes close to it; I get a very good chuckle out of it and so do the people who know me that frequent these boards and immigration.com
How the visas are being allocated actually is pretty relevant because it helps everyone to understand how it all works and comes together. I had been on the record that maybe people shouldn't get too worked up about this. The louder one becomes the more scrutiny starts happening. Once the scrutiny gets wratched up a few notches; are you ready to counter it.
What is this scrutiny that you may ask?
Newspaper in Maine did very thorough investigation of companies who sponsored labors through Maine. It was very hard hitting whcih asked for comments from Department of labor and USCIS. Both are investigating it. Essentially it said that companies rented out a cube and filed 60 labors and 100 h-1b's when their real offices were in other states that were taking a long time to get labors approved.
Backlog reduction centers are challenging companies to prove that their headquarters were where they said they were? They are questioning whether there is a permanent job. Companies are not responding and letting the labors go. Don't you think department of labor will start going into the approved labors and start scrutinizing them.
California service center denied many cases for two companies that I know of who had revenues of over $20 million. Reason for denial was that they are temp. agency and no permanent job. No permanent job; no I-140 approval. Companies have gotten a good dose of H-1b RFE's from california service center regarding this. Many have gotten the h-1b's denied because they can't even substantitate they have a job for the person. If they don't have a temp. job then how can they have a permanent job. Chennai consulate is giving very difficult time to staffing/consulates. It has gotten so bad that back in early december; consulates in india said if you are good in english you can go to ther consulaes in india. Guess what? Chennai it only takes two days to get an interview now because everyone refuses to go there. Just a matter of time before new delhi and mumbai catch up. if consulates are refusing visa stamping for temp. jobs what do you think will happen when they start ratcheting it up a notch to the permanent jobs.
Main reason they haven't gotten into the permanent jobs yet is because nurses which are really in demand also get greencards through staffing companies and are outsourced. Since, nurses are needed; uscis doesn't want to give a hard time to the staffing agencies; therefore, they don't want to be accused of double standards. We will see how this will change if at all as retrogression and increasing visas and studies are performed how people are getting greencards come to light.
btw; I have been on record that as long as country cap of 7% is maintained; it would have disasterous consequences for India/China to allow 485 filing without priority date. Since the 7% cap applies then that means someone who enters usa today from ROW and files an eb2 labor will get priority over you. Anyone can file a 485 as long as they have a labor, 140 and they are in non immigrant status. I know of three people through other forum who were from ROW; came on visitor visa found someone to file perm labor get approved in a couple of weeks and then go straight to 140/485. Since they can file 485 right away they get precedence over india/china. Anyone on visitor visa would be eligible. This would number in the millions. It would be quite possible that there would be never ending retrogression for India and China.
tdasara
02-04 07:03 PM
I think the court acknowledge Mr.Khanna's plea as 'noble' but little could be done because of bearaucracy and unknowns!
But we here are asking for the numbers (which USCIS should have) and the details of the process USCIS is already following.
Again it has to come from a citizen.
But we here are asking for the numbers (which USCIS should have) and the details of the process USCIS is already following.
Again it has to come from a citizen.
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punjabi
11-12 05:57 PM
I guess I wrote my reply a little late. Anyway, I am happy it is getting resolved for you.
:)
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Hi,
Reading your forum is scary and disturbing. I myself have 7 month old baby and I can imagine how a parent would feel in this situation.
My advice:
1. Keep your cool.
2. Get rid of that lady.
3. Whatever beating/scolding she has done to your child, it is past. Children are much resilient and recover easily and faster than we adults in case of physical and mental suppression.
4. See, if your parents can come for few months to support you.
5. Send your child to a good day care or hire a recommended nanny from a referral.
Not all nannies are bad. And next time, hire a nanny in a legal manner.
Good luck.
Hello guys,
Sorry for this non-immigration related post. We have this sudden, tragic situation that I wanted all of your advice on. Thank you for your time in reading this long post.
We had hired an Indian nanny in NJ who.....
......
.....
:)
-----------------------------------------------------------------------------------
Hi,
Reading your forum is scary and disturbing. I myself have 7 month old baby and I can imagine how a parent would feel in this situation.
My advice:
1. Keep your cool.
2. Get rid of that lady.
3. Whatever beating/scolding she has done to your child, it is past. Children are much resilient and recover easily and faster than we adults in case of physical and mental suppression.
4. See, if your parents can come for few months to support you.
5. Send your child to a good day care or hire a recommended nanny from a referral.
Not all nannies are bad. And next time, hire a nanny in a legal manner.
Good luck.
Hello guys,
Sorry for this non-immigration related post. We have this sudden, tragic situation that I wanted all of your advice on. Thank you for your time in reading this long post.
We had hired an Indian nanny in NJ who.....
......
.....
more...
nogc_noproblem
07-10 02:09 PM
Law-Suit is the best option in this country. At least it will make (y)our case visible
Otherwise, nobody will care about us; there is bright chance that legal immigrants will be neglected even in CIR (after election) and undocumented workers might get GC before us.
We should file a law-suit or an online petition for country limit.
I will give my full support.
Otherwise, nobody will care about us; there is bright chance that legal immigrants will be neglected even in CIR (after election) and undocumented workers might get GC before us.
We should file a law-suit or an online petition for country limit.
I will give my full support.
Gravitation
02-02 06:27 PM
What does it mean to say EB2 ROW? What is the reference point of Rest of World? Thanks.
Rest of World means all countries which are not listed separately in the visa bulletins. It means all countries except India, China, Mexico and Philippins.
Rest of World means all countries which are not listed separately in the visa bulletins. It means all countries except India, China, Mexico and Philippins.
more...
HV000
08-11 10:51 AM
Ahhhh so close!!! Mine is EB2-I - March 2005!!
Has Oct bulletin traditionally gone forward than Sept bulletin. I feel very bad for EB3. Oct has to open up for EB3.
Has Oct bulletin traditionally gone forward than Sept bulletin. I feel very bad for EB3. Oct has to open up for EB3.
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chiecoli
02-02 07:30 PM
90,000 VISAS
Our contacts in Washington have told us that there is a growing chance of a bill to recapture as many as 90,000 visas. The language of the draft bill that we've seen calls for a full recapture of the unused visas from 2000-04.
EVERYONE should contact their Congressman and let them know just how important this is.
posted by Hammond Law Group LLC @ 6:23 PM
Our contacts in Washington have told us that there is a growing chance of a bill to recapture as many as 90,000 visas. The language of the draft bill that we've seen calls for a full recapture of the unused visas from 2000-04.
EVERYONE should contact their Congressman and let them know just how important this is.
posted by Hammond Law Group LLC @ 6:23 PM
more...
jay75
08-22 01:26 AM
Assuming the EB2 Visa numbers are over, can we expect to see a few EB3 140 approvals from NSC? good luck guys..:cool:
hair In true Gaga fashion,
jsunkavalli
04-03 06:25 PM
Last year the H1B US MS cap wasn't over until the mid week of April and I think this year it's not going to be the same as there were a lot of missed MS applicants(I am one of them) but I don't think that the MS quota cap has no reached yet.
more...
number30
04-12 06:27 PM
I believe as per the current rules CIS routinely assigns the PD of the substitute labor as the PD of the replacement worker.
What Rajiv Khanna says is very fair, but unfortunately CIS is not run by Khanna. In any case, can you please post the link to the aforementioned blog.
This can be best issue to sue USCIS. Good People will get benefit from this
What Rajiv Khanna says is very fair, but unfortunately CIS is not run by Khanna. In any case, can you please post the link to the aforementioned blog.
This can be best issue to sue USCIS. Good People will get benefit from this
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vjverma
07-05 02:39 PM
My message to keep the tempo up and clear all GC backlog. Hopefully this enthusiasm to address applicant's pain did not end on July 2nd itself.
more...
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tdasara
02-04 07:03 PM
I think the court acknowledge Mr.Khanna's plea as 'noble' but little could be done because of bearaucracy and unknowns!
But we here are asking for the numbers (which USCIS should have) and the details of the process USCIS is already following.
Again it has to come from a citizen.
But we here are asking for the numbers (which USCIS should have) and the details of the process USCIS is already following.
Again it has to come from a citizen.
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senthil1
08-12 12:02 AM
Eb2 will be better most of the time because many will not be eligible or Job position does not need Masters or 5 years of experience. So it will move fast though it may go back on october. So if possible try to port into EB2 will always be a good idea. CIR or Visa capture bill may not be possible atleast for an year or more. EB1 and EB2 are best bet for next 1 to 2 years.
Dream on about porting from Eb3 to EB2. On an average it is taking more 9 months to get labor clearence that too if it is eb3. if you are trying eb2 that is almost a definite audit. We have a case in our company which was stuck in audit (eb2) for more than an year now. our company and attorney are no longer filing eb2 (offcourse it is a different matter than they are no longer filing any green card application because of layoffs). So unless you are working for a desi "con"sultant company not many american companies (almosy none) are filing eb3 green card perm applications leave alone eb3 to eb2 conversions. Even desi companies are scared shit because USCIS is knocking the living daylights out of them. Even desi companies are scared of filing eb3 green card perm applications leave alone eb2. So good luck with your eb3 to eb2 dream.
Dream on about porting from Eb3 to EB2. On an average it is taking more 9 months to get labor clearence that too if it is eb3. if you are trying eb2 that is almost a definite audit. We have a case in our company which was stuck in audit (eb2) for more than an year now. our company and attorney are no longer filing eb2 (offcourse it is a different matter than they are no longer filing any green card application because of layoffs). So unless you are working for a desi "con"sultant company not many american companies (almosy none) are filing eb3 green card perm applications leave alone eb3 to eb2 conversions. Even desi companies are scared shit because USCIS is knocking the living daylights out of them. Even desi companies are scared of filing eb3 green card perm applications leave alone eb2. So good luck with your eb3 to eb2 dream.
more...
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anurakt
12-19 06:37 AM
Guys,
The collection so far shows 33.33% of the $60K target as of December 11th.
Friends I pledge a $500 donation as soon as the figures reaches 500 less than halfway ... i.e $29,500 and another again once the figure reaches 500 less of $60,000 i.e $59,500. Pappu or any of the core member please let me know once we touch this figures BY 31ST DECEMBER. Till then keep the marathon going.
LET'S SEE IF YOU GUYS CAN MAKE ME SHELL $1000 IN TOTAL.... :-))
Core members if need be , put my pledge on the main page... would like see if this forum has ba**s to make me shell out the $1000 bucks.....
MEMBERS ..YOU GOT TWO WEEKS TO SHOW SOME SPIRITS...CALL YOUR FRIENDS AND FAMILIES...LET'S SEE WHAT YOU CAN ACHEIVE .... I PERSONALLY BELEIVE THAT THIS WOULD BE A TESTIMONY OF OUR SPIRIT TO RESOLVE OUR ISSUE NEXT YEAR... IF YOU CAN MAKE THIS HAPPEN I AM 110% CERTAIN THAT WE WILL RESOLVE EVERYTHING NEXT YEAR....ELSE FORGET GREEN CARD .... PLEASE SIT AT HOME TILL YOUR HAIRS TURNED WHITE AND YOU NEED THOSE EXTRA SET OF TEETHS..... NO ONE CAN SAVE YOU....
CAN U TAKE THE CHALLENGE ?????
bumping up to show how serious my challenge is....
The collection so far shows 33.33% of the $60K target as of December 11th.
Friends I pledge a $500 donation as soon as the figures reaches 500 less than halfway ... i.e $29,500 and another again once the figure reaches 500 less of $60,000 i.e $59,500. Pappu or any of the core member please let me know once we touch this figures BY 31ST DECEMBER. Till then keep the marathon going.
LET'S SEE IF YOU GUYS CAN MAKE ME SHELL $1000 IN TOTAL.... :-))
Core members if need be , put my pledge on the main page... would like see if this forum has ba**s to make me shell out the $1000 bucks.....
MEMBERS ..YOU GOT TWO WEEKS TO SHOW SOME SPIRITS...CALL YOUR FRIENDS AND FAMILIES...LET'S SEE WHAT YOU CAN ACHEIVE .... I PERSONALLY BELEIVE THAT THIS WOULD BE A TESTIMONY OF OUR SPIRIT TO RESOLVE OUR ISSUE NEXT YEAR... IF YOU CAN MAKE THIS HAPPEN I AM 110% CERTAIN THAT WE WILL RESOLVE EVERYTHING NEXT YEAR....ELSE FORGET GREEN CARD .... PLEASE SIT AT HOME TILL YOUR HAIRS TURNED WHITE AND YOU NEED THOSE EXTRA SET OF TEETHS..... NO ONE CAN SAVE YOU....
CAN U TAKE THE CHALLENGE ?????
bumping up to show how serious my challenge is....
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Ramba
02-25 04:22 PM
The concept of pre-approval/pre-adjudication have been practiced by USCIS since 2005. Though, it is not in their law or SOP or regulations, they are practicing now and before for ease of operation in processing the 485s. As per their current official rule, if a visa number is not immediatly available, the 485 shoul be kept in abayance (not to be processed) till VN again available. But practically it is not possible for them to follow. For example, suddenly, if DOS releases 60,000 visas in a month (like july 07 fiasco), they can not process and approve 60,000 485s in a month, if they keep those files in abayance. I think, they are still processing and pre-approving the 485s during retrogression. The concept of pre-approval in a silent internal procedure. They may pre-approve all the cases. However, they always has a right to check the applicant's eligibility for the approval of 485 at the date of approval of 485. One can not expect them not to send RFE/NOID after it is pre-approved. Unless the law changes drasticlly, it is not a easily achaivable benefit to introduce new immigrat status "pre-approved adjustment cases"for long waiting 485 folks. They clearly argue that benefit of AC21,EAD and AP itseltf a great benefit for 485 folks. There are only 3 immigrant catagory in the law. 1. Non-immingarts 2. Immigrants and 3. Pending to adjust status. Pending to adjust status it self a fluid temporary status as the stay in this status is autorized by attorney genreral. It is not a visa status like H1B or green card. In order to bring a new catagory in this status, I think they need to change the INA.
more...
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rph20
07-20 02:38 PM
Thanks deecha for your response.
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ghost
04-13 03:01 PM
How do I reach out to the IV core? :confused:
That's easy...go to "Advocacy" tab on the home page and click on "Core Team".
That's easy...go to "Advocacy" tab on the home page and click on "Core Team".
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uma001
08-13 08:53 AM
Hi uma001
Why you don't fill all your details?
What Details? I have mentioned in one of my posts here that my PERM has not yet been filed....No details regarding my green card processing.....Please read my posts to get more details on this.
Why you don't fill all your details?
What Details? I have mentioned in one of my posts here that my PERM has not yet been filed....No details regarding my green card processing.....Please read my posts to get more details on this.
dtekkedil
07-06 04:40 PM
Card Message: I understand your agency does all it can
to the best job it can. I also hope you
empathize with the frustrations of a
legal immigrant. A small token of
peaceful protest and hoping for the best.
to the best job it can. I also hope you
empathize with the frustrations of a
legal immigrant. A small token of
peaceful protest and hoping for the best.
mjdup
12-18 05:09 PM
you can announce your contribution which just motivates others..thanks,
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