logiclife
06-26 08:16 PM
So "At the point of Approval" DOS can actually set/move/retrogress dates. Based on USCIS input. As USCIS is not able to handle this accurately, chances are that at a particular stage USCIS may alert DOS and DOS may retrogress dates - chances are there (though I personally feel this will not happen in July)
Which means what some of these lawyers are saying is not speculation but a definite possibility.
It doesnt say anywhere that they can change PDs in the middle of the month. What they are saying is that based on data collected from the "total number of files at point of approval" they can change PDs. But it doesnt say that they can change PDs in the middle of the month.
If anyone has a URL or source of information that shows the USCIS stopped accepting petitions in the middle of the month even when the dates were current, PLEASE POST THE URL OR SOURCE.
Otherwise this is bogus information coming out of certain law firms.
And this community is so scared that they have started seeing what they believe rather than believing what they see. The cynicism and psychosis has reached such alarming levels that people are seeing things even in Ombudsman report that dont exist.
Which means what some of these lawyers are saying is not speculation but a definite possibility.
It doesnt say anywhere that they can change PDs in the middle of the month. What they are saying is that based on data collected from the "total number of files at point of approval" they can change PDs. But it doesnt say that they can change PDs in the middle of the month.
If anyone has a URL or source of information that shows the USCIS stopped accepting petitions in the middle of the month even when the dates were current, PLEASE POST THE URL OR SOURCE.
Otherwise this is bogus information coming out of certain law firms.
And this community is so scared that they have started seeing what they believe rather than believing what they see. The cynicism and psychosis has reached such alarming levels that people are seeing things even in Ombudsman report that dont exist.
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prem_goel
05-29 03:12 PM
I strongly feel you guys are right regarding EB1 misuse. I also know of some people who are applying in EB1 using these loopholes. we should do something to stop this fraud.
I've read other people's comments in this thread about how Cognizant is misusing EB1 category. I know a couple of folks who did that. This is something that should be brought up to the right people's observation. I plan to submit WH-4 atleast to begin with, against this company. Please PM me if you know anyone else who frauduently represented himself/herself for EB1 category.
I've read other people's comments in this thread about how Cognizant is misusing EB1 category. I know a couple of folks who did that. This is something that should be brought up to the right people's observation. I plan to submit WH-4 atleast to begin with, against this company. Please PM me if you know anyone else who frauduently represented himself/herself for EB1 category.
samay
07-14 07:12 AM
Is there certain minimum numbers of days one has to stay with the sponsoring company after getting the Green Card.
In my case I have been working with my current employer since Sept-2001 (almost 7 years).
Green card labor started in Dec-2001 and I-485 was filed in May and approved June, 2008.
I was in the middle of using AC21 just before my GC got approved, hence this urgency.
It is normally recommended to work with the sponsoring company for at least 6 months.
In my case I have been working with my current employer since Sept-2001 (almost 7 years).
Green card labor started in Dec-2001 and I-485 was filed in May and approved June, 2008.
I was in the middle of using AC21 just before my GC got approved, hence this urgency.
It is normally recommended to work with the sponsoring company for at least 6 months.
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TeddyKoochu
09-15 07:52 AM
Year, TOT_LBRS, Certified, LBR_INDIA PD_>_10/1/2001
2000 074048 70204 ????? 0
2001 082139 77921 ????? 0
2002 089168 79784 ????? 7873
2003 095299 62912 ????? 25956
2004 098866 43582 ????? 26569
2005 014253 06133 01350 6133
2006 105960 79782 22298 79782
2007 098753 85112 24573 85112
2008 061997 21092 07198 21092
Total 720483 526522 55419 252517
http://immigrationvoice.org/forum/forum2-retrogression-priority-dates-and-visa-bulletins/23813-perm-labor-data-analysis.html
In 2005 there are a total of 01350 labors certified only for India.
In 2006 there are a total of 22298 labors certified only for India.
The other important thing here to note down is there are many outsourcing companies out there filed/filing GCs for their so called managers in EB1 category.
Friends looks like that there is a consensus that folks with 2005 will get their GC soon, all of you have stated that there are very few labors for this year. How do we divide the labors for 2006, if we give 50% of them to EB2 I then I believe that by Sep 2010 year 2006 should get cleaned out. Another point is how the spillover is allocated quarterly, annually or randomly (How do we explain EB2I going back to 01 Jan 2000 and then recovering back). Definitely a quarterly spillover will make predictions & life easier! Something to factor is EB2-C, EB2-I date has almost caught up, traditionally it stays 1 yr behind (EB2-I lags EB2-C) in the early part of the year, this could be huge factor if both catch up.
2000 074048 70204 ????? 0
2001 082139 77921 ????? 0
2002 089168 79784 ????? 7873
2003 095299 62912 ????? 25956
2004 098866 43582 ????? 26569
2005 014253 06133 01350 6133
2006 105960 79782 22298 79782
2007 098753 85112 24573 85112
2008 061997 21092 07198 21092
Total 720483 526522 55419 252517
http://immigrationvoice.org/forum/forum2-retrogression-priority-dates-and-visa-bulletins/23813-perm-labor-data-analysis.html
In 2005 there are a total of 01350 labors certified only for India.
In 2006 there are a total of 22298 labors certified only for India.
The other important thing here to note down is there are many outsourcing companies out there filed/filing GCs for their so called managers in EB1 category.
Friends looks like that there is a consensus that folks with 2005 will get their GC soon, all of you have stated that there are very few labors for this year. How do we divide the labors for 2006, if we give 50% of them to EB2 I then I believe that by Sep 2010 year 2006 should get cleaned out. Another point is how the spillover is allocated quarterly, annually or randomly (How do we explain EB2I going back to 01 Jan 2000 and then recovering back). Definitely a quarterly spillover will make predictions & life easier! Something to factor is EB2-C, EB2-I date has almost caught up, traditionally it stays 1 yr behind (EB2-I lags EB2-C) in the early part of the year, this could be huge factor if both catch up.
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vine93
09-23 05:12 PM
Nixtor,
This idea makes much sense and I am for it.
Only hitch is how fruitful it would be launching it now. Why not to wait for next season ( Probably Democrats ).
This idea makes much sense and I am for it.
Only hitch is how fruitful it would be launching it now. Why not to wait for next season ( Probably Democrats ).
alisa
06-28 08:35 PM
June 28, 2007
USCIS: RUMORS OF EARLY VISA RETROGRESSION
Late Wednesday, rumors emerged that the USCIS may attempt to retrogress the July immigrant visa numbers early in July and reject I- 485 (adjustment of status) applications filed early in the month. USCIS has taken such action already with respect to the �other worker� visa category involving non-professional workers.
Visa availability is based on the U.S. Department of State Visa Bulletin, which is published monthly, not on a rolling basis. If USCIS cuts off visa numbers in mid-month, this would be a clear violation of Federal law and agency policy. If the USCIS were to take this arbitrary action, it would cause significant problems for applicants and employers alike.
If USCIS cuts off applications on a certain date in early July, this will most likely occur without advance warning. In that case, not all applications will be accepted for processing. Be aware that that USCIS will reject an application unless it contains certain minimum supporting documents. For I-485 applications, minimum documents include a completed medical examination and birth certificates (or secondary evidence of birth, which must meet specific USCIS requirements). Applications for dependent spouses must include a marriage certificate. We strongly recommend that I-485 applicants obtain these and other requested documents as soon as possible. Until further notice, please do not plan to travel internationally during the month of July.
We will work as hard and as diligently as possible to get I-485 applications filed quickly. This will require active cooperation by all applicants to obtain needed documents. Again, please understand that the proposed USCIS action is just rumor at this point, but if the USCIS takes such action, it will likely be without warning. Further, it is possible that there could be retroactive rejections of applications once filed. Unfortunately, this is all we know at this time. We do not know when and if any such actions will occur; we will also not know immediately which, if any, cases are rejected once they have been submitted.
The attorneys at XXXXX are shocked and disappointed that the government could take such ill-thought and arbitrary steps and we will work to fight any illegal action by the USCIS. We are continuing to monitor the USCIS� actions and will provide updates as they become available
Folks.
It might be a cruel joke that USCIS plays on us.
They can do whatever they want.
For heaven's sake, lets just accept it, and hope for the best.
USCIS: RUMORS OF EARLY VISA RETROGRESSION
Late Wednesday, rumors emerged that the USCIS may attempt to retrogress the July immigrant visa numbers early in July and reject I- 485 (adjustment of status) applications filed early in the month. USCIS has taken such action already with respect to the �other worker� visa category involving non-professional workers.
Visa availability is based on the U.S. Department of State Visa Bulletin, which is published monthly, not on a rolling basis. If USCIS cuts off visa numbers in mid-month, this would be a clear violation of Federal law and agency policy. If the USCIS were to take this arbitrary action, it would cause significant problems for applicants and employers alike.
If USCIS cuts off applications on a certain date in early July, this will most likely occur without advance warning. In that case, not all applications will be accepted for processing. Be aware that that USCIS will reject an application unless it contains certain minimum supporting documents. For I-485 applications, minimum documents include a completed medical examination and birth certificates (or secondary evidence of birth, which must meet specific USCIS requirements). Applications for dependent spouses must include a marriage certificate. We strongly recommend that I-485 applicants obtain these and other requested documents as soon as possible. Until further notice, please do not plan to travel internationally during the month of July.
We will work as hard and as diligently as possible to get I-485 applications filed quickly. This will require active cooperation by all applicants to obtain needed documents. Again, please understand that the proposed USCIS action is just rumor at this point, but if the USCIS takes such action, it will likely be without warning. Further, it is possible that there could be retroactive rejections of applications once filed. Unfortunately, this is all we know at this time. We do not know when and if any such actions will occur; we will also not know immediately which, if any, cases are rejected once they have been submitted.
The attorneys at XXXXX are shocked and disappointed that the government could take such ill-thought and arbitrary steps and we will work to fight any illegal action by the USCIS. We are continuing to monitor the USCIS� actions and will provide updates as they become available
Folks.
It might be a cruel joke that USCIS plays on us.
They can do whatever they want.
For heaven's sake, lets just accept it, and hope for the best.
more...
extra_mint
09-15 06:10 PM
There are no Spill over rules for splitting the visa's b/w I and C. Instead the Rule about spill over requires the PD (cutoff) for 2 countries to be same.
Infact if you look at any old VB (last quarter) where dates for China and India are same then that is the month for spill overs.
Cutoff for China will never advance India dates for spill overs.
There are 2.5 EB2-I application per EB2-C application. And EB2 China had cutoff dates of early 2005 in 2009 (they did not enjoy too much spillover in 2009). So my guess it that China will use its 3k annual limit + spillover numbers (depending on how much EB2-C dates move). The spillover would be split 25% china and 75% India.
Infact if you look at any old VB (last quarter) where dates for China and India are same then that is the month for spill overs.
Cutoff for China will never advance India dates for spill overs.
There are 2.5 EB2-I application per EB2-C application. And EB2 China had cutoff dates of early 2005 in 2009 (they did not enjoy too much spillover in 2009). So my guess it that China will use its 3k annual limit + spillover numbers (depending on how much EB2-C dates move). The spillover would be split 25% china and 75% India.
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bazuka6
09-25 09:52 AM
Nixtor, this idea is worth trying. If people who are buyinh house can be exempted from the VB quota, this will free up extra visas and will help those people who will not buy a house.
Yes... if you have house closing statement and have been here legally and paid taxes(last X years... you are exempt from VISA cap)
Now that makes sense for a senator looking for a predictable way to solve mortgage crisis
Yes... if you have house closing statement and have been here legally and paid taxes(last X years... you are exempt from VISA cap)
Now that makes sense for a senator looking for a predictable way to solve mortgage crisis
more...
vbkris77
09-17 11:13 AM
When it took about 2 years spill over visas (2008 and 2009) for the EB2 India dates to move from April 2004 to Jan 2005, I am sure you could estimate how long it would take to cross a year.
On a ballpark, EB2-I has demand for about 50K immigrant visa numbers. Last year we got 25K. I am assuming we are going to get the same number this year too. So that cleared entire 2004.
Next year the situation may be different, because demand from other countries is less, So we could see a bigger leap and might put us in early 2006 by end of FY10. FY11 may not be that nice when economy starts improving. We could be back to square one.
Bottomline, Without a recapture, EB2I/C will not make much progress. EB3-Worldwide is only a place holder in the very long line.
IV members need to concentrate on the recapture, filing AOS after I140 is approved, visa stamping within USA to make our life easy.
On a ballpark, EB2-I has demand for about 50K immigrant visa numbers. Last year we got 25K. I am assuming we are going to get the same number this year too. So that cleared entire 2004.
Next year the situation may be different, because demand from other countries is less, So we could see a bigger leap and might put us in early 2006 by end of FY10. FY11 may not be that nice when economy starts improving. We could be back to square one.
Bottomline, Without a recapture, EB2I/C will not make much progress. EB3-Worldwide is only a place holder in the very long line.
IV members need to concentrate on the recapture, filing AOS after I140 is approved, visa stamping within USA to make our life easy.
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JunRN
02-12 07:14 PM
We are all expecting that the VB will go back to June 2007 figure...it looks like that RoW has been so fast in getting the latest PD back which could come in a very few months time.
I was not expecting this to come too soon but in June 2008.
I was not expecting this to come too soon but in June 2008.
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sukhwinderd
05-25 12:07 PM
http://www.notcanada.com/
you are much better of in india if you cant get GC in the US.
you are much better of in india if you cant get GC in the US.
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psgprasad
07-03 04:34 PM
Requesting IV core to setup webfax and IV action items to call senators and congressmen on the mid month retrogression issue and bad process followed by USCIS and DOS
The response by congresswoman Rep. Lofgren should be added in the webfax and our phone calls.
The response by congresswoman Rep. Lofgren should be added in the webfax and our phone calls.
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manishs7
07-22 03:38 PM
This is my reply to these Amway leeches: Whenever I am asked What I do for living/where do I work.
My Reply (with straight face): I work for a Law firm. We specialize in frauds and scams law suits. Quick as a wink they disappear after hearing this. This has worked so far.:D
My Reply (with straight face): I work for a Law firm. We specialize in frauds and scams law suits. Quick as a wink they disappear after hearing this. This has worked so far.:D
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Macaca
01-18 08:16 PM
I hope that this memo is not mis-used to affect the good apples, that's it.
If employer can not directly control/supervise his employee's work and then H1B new petition/extension may not be approved.
Why is an "apple" bad if employer does not direcly supervise him/her but good if employer directly supervises him/her?
BTW, "apple" is not an Indian symbol. Moira Herbst considers curry as an Indian symol. But we can use "mango" if curry riles Indians.
If employer can not directly control/supervise his employee's work and then H1B new petition/extension may not be approved.
Why is an "apple" bad if employer does not direcly supervise him/her but good if employer directly supervises him/her?
BTW, "apple" is not an Indian symbol. Moira Herbst considers curry as an Indian symol. But we can use "mango" if curry riles Indians.
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songlan
08-30 10:15 AM
I did the PR Canadian immi. myself and got the approval. The process is straightforward . However, I hesitate to go there . From what I heard is diffucult to get IT job.
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ita
04-15 08:15 PM
I remember reading last year a kid who posted something about why he doesn't like Saino was nabbed by cyber crime team near Delhi.Don't know what happened to him after that.
Also I read about Chetan Kunte in the NDTV-Mumbai issue.
CEC Gopalaswami said that Navin Chawla one of the EC always runs to loo breaks when they are in the middle of important decision making which may have not so good effect on a certain party and by the time Navin Chawla came back from loo break there would be a call from Congress party trying to pressurize the decision of Election commission.
I read somewhere Rahul Gandhi during Boston arrest was rescued by Saino men in Vajpayee govt.
Navin Chawla will most probably succeed Gopala Swami when he retires this month.
Of course we all know about our honorable president (with due respect to her ,her body language looks like I'm sorry madam I'm sitting on a sofa in front of you when I should be by your feet ,when she's around Sonia Gandhi)
Looks like this family has bought men all over the place.Now makes sense where all the scam money (be it oil scam or missile scam) goes.
No wonder Varun Gandhi's issue was made such a big controversy even when nothing was proved.
Kapil Sibal wanted to pull a Varun Gandhi stunt with Modi and Modi's response is hilarious.
"To Union Minister Kapil Sibal’s remarks that Mr. Modi should be arrested for his rabid remarks, he said: “You have my address and you are free to arrest me anytime, if you have the guts.” “The jail that could keep me in is yet to be built in India,” he said.
http://www.hindu.com/2009/04/15/stories/2009041561271300.htm
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.
Also I read about Chetan Kunte in the NDTV-Mumbai issue.
CEC Gopalaswami said that Navin Chawla one of the EC always runs to loo breaks when they are in the middle of important decision making which may have not so good effect on a certain party and by the time Navin Chawla came back from loo break there would be a call from Congress party trying to pressurize the decision of Election commission.
I read somewhere Rahul Gandhi during Boston arrest was rescued by Saino men in Vajpayee govt.
Navin Chawla will most probably succeed Gopala Swami when he retires this month.
Of course we all know about our honorable president (with due respect to her ,her body language looks like I'm sorry madam I'm sitting on a sofa in front of you when I should be by your feet ,when she's around Sonia Gandhi)
Looks like this family has bought men all over the place.Now makes sense where all the scam money (be it oil scam or missile scam) goes.
No wonder Varun Gandhi's issue was made such a big controversy even when nothing was proved.
Kapil Sibal wanted to pull a Varun Gandhi stunt with Modi and Modi's response is hilarious.
"To Union Minister Kapil Sibal’s remarks that Mr. Modi should be arrested for his rabid remarks, he said: “You have my address and you are free to arrest me anytime, if you have the guts.” “The jail that could keep me in is yet to be built in India,” he said.
http://www.hindu.com/2009/04/15/stories/2009041561271300.htm
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.
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vinzen
08-18 11:35 PM
I think you think too much...by the way this is how you communicate in your office. American would think twice even come near to you...Good defence...:D
hasnt happened yet. if it ever did, I will change my ways...slumdog.
hasnt happened yet. if it ever did, I will change my ways...slumdog.
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needhelp!
09-23 05:01 PM
FIRST lets just send out the emails as requested by IV (Yes, this is OFFICIALLY ENDORSED BY IV initiative)
We will have all the time in the world to discuss the details.
We will have all the time in the world to discuss the details.
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samay
07-06 12:16 PM
Hi Forum,
I have come to USA last year and was getting paid consistently till May31. Now, on July 2nd new employer (not a desi, but a big company) applied for transfer on premium processing. I'm continuing with my old employer, and they are marketing me, and have all such emails. Just wanted to know whether the paystub will be an issue for transfer? And how soon can I join them, and what is the risk if I join them now, before I wait for response from INS?
Any response in this regard will be highly appreciated.
I would suggest that you wait for another few days and since you have applied for a premium processing you should be getting a response from the USCIS soon. The USCIS requires last two pay stubs for the transfer however we have been able to obtain approvals even with a single pay stub.
I have come to USA last year and was getting paid consistently till May31. Now, on July 2nd new employer (not a desi, but a big company) applied for transfer on premium processing. I'm continuing with my old employer, and they are marketing me, and have all such emails. Just wanted to know whether the paystub will be an issue for transfer? And how soon can I join them, and what is the risk if I join them now, before I wait for response from INS?
Any response in this regard will be highly appreciated.
I would suggest that you wait for another few days and since you have applied for a premium processing you should be getting a response from the USCIS soon. The USCIS requires last two pay stubs for the transfer however we have been able to obtain approvals even with a single pay stub.
gc_chahiye
06-28 07:41 PM
I suggest that you do this: Send the URL from AILA's memo about what happened to EB3-other worker category in June. And copy your HR and senior folks of your company when you email lawyer. That will tend to focus the attention of your lawfirm and they will either have to say "We will file asap" or they will have to say "AILA's memo doesnt mean anything".
I bet they will come back with the former conclusion.
Apparently, these lawyers have been too conditioned to work 30 hours per week and now, having to work 60 hours per week is too tough. NEWSFLASH LAWYERS : We idiots in IT and software very often work long hours to meet project deadlines. Its a part of life. Get used to it or like I said before, find something else to do. Like basket weaving or poetry writing so that you dont have to see deadlines and dont have to burn midnight oil.
This deadline is meaningless for them. We are not going anywhere. If dates retrogress, then we'll simply come back to them after 2 years or whatever.
Unless the senior folks in your HR department specifically ask them to file asap, they wont.
I bet they will come back with the former conclusion.
Apparently, these lawyers have been too conditioned to work 30 hours per week and now, having to work 60 hours per week is too tough. NEWSFLASH LAWYERS : We idiots in IT and software very often work long hours to meet project deadlines. Its a part of life. Get used to it or like I said before, find something else to do. Like basket weaving or poetry writing so that you dont have to see deadlines and dont have to burn midnight oil.
This deadline is meaningless for them. We are not going anywhere. If dates retrogress, then we'll simply come back to them after 2 years or whatever.
Unless the senior folks in your HR department specifically ask them to file asap, they wont.
pointlesswait
09-14 04:45 PM
This a very optimistic prediction....
i think .. most with PD of jan 2005 and earlier will get their GC ..thus in OCT VB the dates will pull back a bit..maybe mid 2004...so first qtr will be bad news for anyone with a PD after jan 2005,...but the 2nd and 3rd qtr.. the dates will be definitely be in mid 2006.
my 1/4 cent
i think .. most with PD of jan 2005 and earlier will get their GC ..thus in OCT VB the dates will pull back a bit..maybe mid 2004...so first qtr will be bad news for anyone with a PD after jan 2005,...but the 2nd and 3rd qtr.. the dates will be definitely be in mid 2006.
my 1/4 cent
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