Monday, August 8, 2011

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  • rsharma
    10-07 04:40 PM
    I have built a very simple EB2-I Visa predition model

    Making following assumption

    15000 new EB2 ROW I-485 applications
    12000 new EB1 I-485 applications
    EB4/EB5 use 70% of allocated visa (30% spillover)


    EB2 Visa Bulletin prediction for FY 2010
    Bulletin Quarterly-spillover Annual Spillover
    Oct-09 22-Jan-2005 22-Jan-2005
    Nov-09 22-Jan-2005 22-Jan-2005
    Dec-09 31-Mar-2005 1-Feb-2005
    Jan-10 31-Mar-2005 15-Feb-2005
    Feb-10 31-Mar-2005 31-Mar-2005
    Mar-10 31-Mar-2006 31-Mar-2005
    Apr-10 31-Mar-2006 31-Mar-2005
    May-10 31-Mar-2006 31-Mar-2005
    Jun-10 15-Oct-2006 31-Mar-2005
    Jul-10 15-Oct-2006 30-Sep-2005
    Aug-10 15-Oct-2006 30-Apr-2007
    Sep-10 31-Mar-2007 30-May-2007

    I would be very happy if your predictions come true. But it appears you have not taken into consideration of the fact that thousands of EB3 might move over to Eb2.





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  • amitjoey
    01-13 12:24 PM
    Members: Please - refrain from fighting about EB3/EB2.

    IV is for everybody and IV has always tried to be balanced and fair to all categories. Please read the provisions that IV is asking for.

    The goal is for zero backlog -Then where is the question of EB3 lagging behind.

    IF we get what we are asking for- ie: recapture, not counting dependants and no country quota, then there wont be backlog in any of the categories.





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  • irock
    07-29 01:45 PM
    Chennai consulate Aug interview appointments URL: http://chennai.usconsulate.gov/uploads/images/yWMjU032EdCBcZW2qhz3yw/ivapp0808.pdf

    There are 14 E2 appointments in Aug.





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  • sledge_hammer
    01-14 02:29 PM
    They are implying that those who are currently working for body shops are to find an employer that would offer their definition of employer-employee relationship. But you are still with the body shop, then your extnesion will be denied!

    Q: What happens if I am filing a petition requesting a �Continuation of previously approved employment without change� or �Change in previously approved employment� and an extension of stay for the beneficiary in H-1B classification, but I did not maintain a valid employer-employee relationship with the beneficiary during the validity of the previous petition?

    A: Your extension petition will be denied if USCIS determines that you did not maintain a valid employer-employee relationship with the beneficiary throughout the validity period of the previous petition. The only exception is if there is a compelling reason to approve the new petition (e.g. you are able to demonstrate that you did not meet all of the terms and conditions through no fault of your own). Such exceptions would be limited and made on a case-by-case basis.

    Q: What if I am filing a petition requesting a �Change of Employer� and an extension of stay for the beneficiary�s H-1B classification? Would my petition be adjudicated under the section of the memorandum that deals with extension petitions?

    A: No. The section of the memorandum that covers extension petitions applies solely to petitions filed by the same employer to extend H-1B status without a material change in the original terms of employment. All other petitions will be adjudicated in accordance with the section of the memorandum that covers initial petitions.
    USCIS - Questions & Answers: USCIS Issues Guidance Memorandum on Establishing the "Employee-Employer Relationship" in H-1B Petitions (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3d015869c9326210VgnVCM100000082ca60aRCR D&vgnextchannel=6abe6d26d17df110VgnVCM1000004718190a RCRD)



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  • chanduv23
    02-13 06:09 PM
    friends,

    you have 29 people in favor.
    great! each one needs to put their time and money where their mouths (mouses) are.

    i suggest: take up a collection, then go get top notch legal opinion.
    until you do this, no point going forward, this is going to be a very
    important step.

    c'mon folks step up...get a collection plate out and open your pockets.

    It is also very important that the people voting in favour are serious and will not drop out.

    Lets not cajole or motivate people - let them come in by themselves and vote on this.

    Those who vote on this thread, please update your profile information on IV, give your valid name, valid email id, valid phone number at the least so that you can be counted on.

    CAN WE WALK THE TALK?





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  • another one
    09-23 06:22 PM
    if you haven't realized it so far ... you must have been sleeping or not watching television!

    the day this becomes law..it would be better for all of us go home, bcos tht means lawmakers are ready to do anything to get some money and they know this country has gone down beyond repair.
    and the day it becomes law..i am sure the situation in this country will be so bad tht most of us wont even have jobs at tht time.



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  • GCapplicant
    01-22 02:26 PM
    Recently , Immi officers are randomly dashing thru H1B sponsor companies ,where any H1B petitions have gone thru or waiting for renewal. NJ -

    So guess its getting tougher - They have set of questions - from POEntry date with eaxct details of the petitioner.

    How many H1's the company has issued , salary matching with Tax copies.

    Guess - if the company has no base or structure , the so called employees name inot there physically or the whereabouts .

    This happened today a checking in NJ. All the papers should be in hand

    Its getting tougher





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  • gc28262
    01-16 06:14 PM
    http://www.murthy.com/news/n_repatt.html dated March 2006

    I discussed the matter of the Consular section requiring end-user client (http://immigrationvoice.org/forum/#) letters. Many H1B employers and employees, as well as several AILA attorneys, have approached me as well as the Murthy Law Firm, inquiring about this. The matter deals with the fairly recent requests for letters from supervisors of the end-user clients. These requests require the end users to outline the nature of the job to be performed by the H1B visa candidate, provide details of where the candidate will work, the length of the project, and the need for a specific H1B employee by name and other details. Unfortunately, most end-user clients are not willing to comply with such an onerous request. The very reason for the end-user client to hire an outside consulting company is to minimize the burden of administrative or HR responsibilities. Moreover, the law does not require such detailed letters for the issuance of H1B visas.
    �MurthyDotCom
    I respectfully summarized the position of many of you, our clients or those using candidates who apply for the H1B visa at Chennai, as follows.

    End-user clients generally will not issue letters to the consulate, as they do not wish to get involved with the H1B process. The very nature of the employment relationship, when hiring through consulting companies, is to avoid or minimize the work related to hiring candidates.
    Employers who sign the H1B documents do so under penalty of perjury and must pay the required prevailing wage, irrespective of whether they have assignments for the H1B candidates. The employer may decide to send the candidate back to his/her home country if enough assignments cannot be found.
    Legacy INS (now USCIS) raised many similar issues, in the early- to mid-1990s, regarding the length and nature of the projects in the U.S., timetable of assignments, and the H1B employer�s ability to pay the required prevailing wage. Senior Legacy INS officials from headquarters in Washington DC addressed the concerns of those examiners by pointing out that the law does not permit them to investigate a U.S. employer�s ability to hire H1B employees. The USCIS is bound by memos and policy guidance of the Legacy INS. After that memo, Legacy INS stopped issuing lengthy RFEs on these matters.
    The law does not require any such letters by end-user clients for the issuance of the H1B visas to the visa applicants.
    Delays in the issuance of H1B visas cause many of the employers considerable financial (http://immigrationvoice.org/forum/#) loss and postpone the implementation of projects. This results in the additional loss of revenues and credibility with their clients, due to their inability to produce in a timely fashion the required specialty-worker candidates.



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  • BharatPremi
    12-14 04:01 PM
    To summarize the discussions on this thread:

    Yes, it is 7 % for all countries.

    Now it is manifestly obvious that the 7 % figure is arbitrary, and not fair. That much we can all agree on.

    The real question, as raised in the first post of the thread by soljabhai is:

    (A) Is that constitutional?
    (B) (And this is the real question): If it is, what should we do about it?

    Intelligent questions, both.
    The answer to (A) is not clear. We need a competent constitutional expert to opine on the matter.
    For (B), (which is what the thread is really all about), there are lively discussions with differing views.
    lazycis has presented good evidence that the case is not cut and dried legally. It might be unfair, but those are the laws.
    mbartosik, alterego, me and others have argued (from different angles) in terms of pragmatism. (Cost is not worth the benefit)
    garybanz, soljabhai, and others have argued that it is worth it (Cost is worth the benefit).

    Anyway, agree or disagree, its an interesting thread with interesting posts..

    Addition to this:
    --------------
    - "7% limit" is not discriminative to "Any country" AND "Restrictive" especially
    to the countries from where maximum flow of labor comes.
    - When industry demands high number of labor and in the situation of getting majority of this labor from particular
    countries only ,since the available labor force in other countries does not match the demand for one or other reason,
    then this restriction becomes SENSELESS and useless in all its practical terms and limits.
    - "Country of origin based limit" "smells" (In Mark's language..:))
    discriminative when employment always have to be related with "skill" AND
    THAT IS A ETHICAL OR MORAL PROBLEM





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  • Humhongekamyab
    08-15 08:12 PM
    We all know how media wants to make new so that they can get more hits on their webpages. Maybe is name randomly got selected and that is why he got grilled - we don't know what did he tell the officer which lead to all this. We all now know about "teachable" moment with the Harvard professor. The facts were not what they appeared initially.

    Just because one pays his taxes to the IRS does not mean s/he cannot be audited - even if he is Bill Gates. IRS computer randomly selects people for audit - irrespective of their status in life.

    It may be one of these occurrence - we will know with time and let's not speculate until then. Moreover he is an ordinary citizen without any diplomatic privileges. If you or me can be interrogated why can't he be. Every country has a right to protect itself and to set standards for it irrespective of the status of the individual.



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  • fairman
    08-18 11:25 PM
    And which part of india are you from?
    Secret.





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  • vdlrao
    07-25 11:46 AM
    vdlrao i really appreciate you analysis and confidence on feature of EB2..can i know your category and nationality?:D

    Mine is EB2 India. I have a confidence on EB3 India as well but it takes about 2 years.



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  • ita
    04-03 02:28 PM
    Sanjay Gandhi- Air crash ..reason cited low fuel..uninvestigated

    Indira Gandhi.. we(at least some people) thought it was because of bullets and on spot.
    But Madam Saino could not make up her mind whether to take her second mother(that's what she says Indira Gandhi is to her) to close by AIIMS or far away Lohia .when the team was going to AIIMS which was quite natural because of the distance Saino insisted on going to Lohia which had contingency protocol set up.After reaching Lohia suddenly she changed mind to go to AIIMS thus wasting 24 valuable min.So her second mother died of loss of blood.
    One more thing ,it was also said that Indira' security arrangement was changed just 1 hour before that day's call which is unusual .

    Also in the Saino's biography commissioned by the family it was written that Indira Gandhi had affair with two men.

    Rajiv Gandhi- LTTE -reason they didn't like Indian forces in Srilanka.

    LTTE has presence in Italy and other areas of Europe.
    Priyanka/Rahul don't let anything in Rajiv's case go anywhere saying they are forgiving the culprits as though it is just family affair when actually Rajiv was country's ex-PM and it is national affair and not family affair to investigate/forgive.
    Paula Maino Saino's mother meets up with Prabhakaran( a christian,nothing wrong with that) before Congress forms alliance with Karunanidhi in 2004.In 90's to pull down UnitedFront govt Sonia cited that since DMK is close to LTTE that killed Rajiv it should not be involved in UF govt.
    Priyanka meets Nalini in jail which is illegal.She doesn't even sign in the register when she goes to jail for the meeting.When it got leaked brother and sister say that this lone daughter wanted to see how their father's killer looks like for years ,to come to terms with hate/anger.
    When a kid asked him why India is so corrupt Rahul Gandhi says even he didn't get justice in his fathers' case even after so many years (meaning use that as example and suck the corruption?)
    Again Rahul says he doesn't like LTTE but political alliance with parties supporting LTTE is OK(meaning anything OK for power?)
    Efforts are on to save Prabhkaran in Srilanka by the UPA govt.

    All these things put together reminds the story of the guy who had taken all kinds of precaution to avoid death once he steps out of his house but died in his backyard.

    Madhav rao Scindia-Air crash-uninvestigated.

    Rajesh Piolt-Accident

    Jitendra Prasada- Seems natural ?

    few years back there was a controversy and Priyanka's husband severed ties with his father and brother.Made a statement in paper.

    His brother-suicide

    His sister-media said she is friends with Priyanka-accident

    Now father-suicide.

    Looks like a Sanjay, a Indira, a Rajiv, a Madhav Rao, a Rajesh had to fall for a Sonia to rule.

    Disclaimer:All the facts on this post are not my personal views but have been raised by politicians,journalists,officials which I found them on the internet while surfing.



    Why every family member of whom gets married with so-called "Gandhi" daughters have to die in unnatural circumstances.

    http://timesofindia.indiatimes.com/Priyankas-father-in-law-hanged-himself-Police-sources/articleshow/4356528.cms

    Few to be named:

    Feroze Gandhi
    Mohammad Yunus
    Rajendra Vadhra
    Richard Vadhra
    Robert's sister

    Too much!





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  • lazycis
    02-14 12:23 PM
    Watch and see how fast the Michigan government will start issuing DL to H1B holders and to those who has pending I-485.

    http://www.aclumich.org/modules.php?name=News&file=article&sid=567
    https://www.aclumich.org/pdf/licensecomplaint.pdf



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  • gc_lover
    06-27 07:55 AM
    Visa bulletin is based on the demand for visas. An immigrant vise is ISSUED when a GC is approved, and not filed. When a person receives an I485 approval letter that means his immigrant visa was assigned to him and that an immigrant visa number was used. Same applies to consular processing. The bottom line is that unless USCIS approves a huge amount of GCs in the coming months, the DOS can't and won't make adjustments in the middle of the month. STOP THIS RUMOR!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

    There is no point in explaining the same point over and over again. People are just creating new rumors in new threads without trying to read old threads.
    There was a thread by logiclife about this rumor and his discussion with his lawyer.





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  • karthkc
    07-23 01:01 PM
    I posted this message on another thread and got slammed - :confused:. All the discussions here are just speculations.. no one really has access to real numbers.. so take it easy this time :p

    As we do not have any real numbers my predictions are based on EB2 numbers from (assuming the data to be a true random sample)

    Here are number of EB2-I I485 pending cases by year

    2007-100
    2006-150
    2005-125
    2004-200
    2003-50 (250 have been approved)

    USCIS has approved about 450 EB2-I cases last year. A conservative estimate of approval rate going forward would be 30 cases per month. Based on this the movement..
    2003 cases will be approved by Sep '08
    2004 cases by Apr '09
    2005 cases by Sep '09
    2006 cases by Dec '09

    Good Luck !!!

    This does not make sense at all.. cases are a miniscule portion of actual USCIS approvals and a rate of 30 cases per month would mean most of USCIS personnel are on vacation for summer :)



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  • smuggymba
    07-22 09:07 AM
    We desis are too polite and can't say NO easily like others. I have learnt to say NO in the US now, makes my life much easier....be nice and say no politely.





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  • chanduv23
    06-26 12:39 PM
    There is possibility that retrogression begins in August. The USCIS maail department will acept only those cases the clerk could manually enter into the system by July 31st and then send all those applications back which he could not enter manually

    IV Roumor thread - lets give the 'Best roumour of the day' award to the most convincing roumor .....


    :D :D :D :D





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  • gdilla
    07-11 01:51 PM
    And don't forget 9month maternity leaves, and if you're unemployed, you still get healthcare, and the generally better public education, not to mention generally cheaper and excellent post-secondary education....

    Every time I hear "Canadian taxes are so much higher", I respond back with "really ? how much are you paying a month for health insurance?". I suggest a typical breadwinner with spouse + 2 dependents is probably paying $500 / mo + in health insurance premiums. Add that $6K / yr to your US tax bill, then compare it to your Canadian tax bill. ;)

    - GS





    samay
    07-14 06:59 AM
    Dear Sir/Madam

    Thank you for helping us.

    Scenario:
    If one is working with company A on H1 and Company B applies a future employment GC for the person. The Person received EAD/AP for the 485 which is pending from 1 year through company B. Also have a valid and stamped H1 for 3 years from company A.

    Now in this case:

    1) Is there a Law or Need to Join company B since EAD has been issued?

    2) Can one stick with company A even after getting EAD till he gets GC? In that case is AC21 required to remain with Company A?

    3) Can one Join new Company X and use AC21?

    I really appriciate your community service, thanks in advance!

    1. No since the Green card is for a future job.
    2.Yes since you have a valid H-1B and you do not need to invoke the AC21.
    3. Yes.





    vamsi_poondla
    02-14 12:06 PM
    I do not support law suit for two reasons,
    1) I do not believe that lawsuit will bring a positive decision that benefits the whole community.
    2) I do not know any of those who tells that they support lawsuits, their level of commitment for becoming plaintiffs, commit the $s, time and energy

    I dont care if USCIS scrutinizes those plaintiffs applications closely. They can and they should. Those who are in such a good strong GC cases alone can come forward and participate because if it is legal battle, every thing is fair on both parties to use all legal means to weaken other party.

    You can stretch a government agency only to certain extent. No one can prove that USCIS intentionally took decisions so that they waste the visas. Just like my client cannot sue me for the bugs I introduced in my code.(in my good developer days). At the most court might ask agency to prove that they improved the process which USCIS can prove easily.

    I urge all members to understand the reasons why we should not support lawsuit. It is not a true consumer rights issue. It is a government agency with limited resources, ideas and priorities.

    Finally, what is it to the community on the whole - recapture of unused numbers. Then what whoever gets GC will be happy with their life and what about other deserving GC aspirants. As an organization, our objectives are very clear - we are pro-legal immigration, grass-roots organization for GC Reforms. We believe in lobbying. We believe in making the agencies improve the process, work with congress to increase numbers/ remove country caps, believe in the benefits of legal highly skilled immigration. If the idea is to benefit those 20% before 2004/2005 and not the whole community, I think it is selfish.

    I believe in IV strength, IV core principles, IV approach and IV leadership maturity. Every scenario is carefully thought, researched and evaluated even before turning down that idea.

    Success has many fathers but failure is an orphan. IV is the kind of organization which keeps the failure attempts also transparent and keeps the members in loop. It also introspects what went wrong and changes the course in next step. Admin relief is the first and foremost priority for us. next is increased lobbying with lawmakers.



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