Legal
07-21 10:55 PM
http://www.dhs.gov/xlibrary/assets/statistics/publications/LPR_FR_2007.pdf
(AC21). This Act resulted in the recapture of 130,107 unused employment-based visa numbers from 1999 and 2000 to be made available to first, second, and third preference employment-based immigrants once the annual limit had been reached. Approximately 94,000 of those recaptured visa numbers were used in 2005, none were used in 2006, and 7,312 were used in 2007
(AC21). This Act resulted in the recapture of 130,107 unused employment-based visa numbers from 1999 and 2000 to be made available to first, second, and third preference employment-based immigrants once the annual limit had been reached. Approximately 94,000 of those recaptured visa numbers were used in 2005, none were used in 2006, and 7,312 were used in 2007
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samay
07-22 11:39 AM
I am in the 6th year of H1B. 6 year term expires in March 5, 2009.
My Company filed LC in June 2008.
Assuming my LC is cleared by this year end, I-140 Filed around Jan 2009.
Can i get 7th H1B Year extension, if my company files H1B extension by Feb 2009.
In which cases 7th Year extension will be rejected.
If your LC gets cleared by the year end you can apply for I-140 by premium processing and once that gets cleared your company can file for a three year extension for you.
My Company filed LC in June 2008.
Assuming my LC is cleared by this year end, I-140 Filed around Jan 2009.
Can i get 7th H1B Year extension, if my company files H1B extension by Feb 2009.
In which cases 7th Year extension will be rejected.
If your LC gets cleared by the year end you can apply for I-140 by premium processing and once that gets cleared your company can file for a three year extension for you.
samay
07-28 09:15 PM
Hello there
Thanks for your service.
I needed to ask a very specific question about extending a B-2 visa towards the end of a six month stay for my mom; specifically if she becomes out-of-status during the duration when an EOS application is pending, if the EOS is subsequently denied; and if this (i.e. subsequent denial) voids a multi-year multiple entry visa? I am finding conflicting information on the internet even from USCIS sources about whether or not 212(g) applies when an EOS application is pending.
Thanks for your time.
Yes a subsequent denial of an EOS application voids a multi year multiple entry visa.
Thanks for your service.
I needed to ask a very specific question about extending a B-2 visa towards the end of a six month stay for my mom; specifically if she becomes out-of-status during the duration when an EOS application is pending, if the EOS is subsequently denied; and if this (i.e. subsequent denial) voids a multi-year multiple entry visa? I am finding conflicting information on the internet even from USCIS sources about whether or not 212(g) applies when an EOS application is pending.
Thanks for your time.
Yes a subsequent denial of an EOS application voids a multi year multiple entry visa.
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snthampi
08-02 04:36 PM
Guys! This is getting interesting. Guess what I found!! Now you can find out the names of your local friendly Amway Independent Business owners!!!
Go to https://www.amway.com/Shop/Registration/CustomerRegistration.aspx?Country=US
Scroll down to the section titled "Benefits of Being Affiliated with an Independent Business Owner", select "Show me a list of IBOs in my area that I can select from".... put your zip code and voila!!!!
I put my own zipcode 94536, and most of the names are desi. Confirms my suspicion that there are more desi's sucked into this than........
Now post what you find in your area!
Good find. I tried for my zip code and it gives a few random names, when you try again and again for the same zip.
Go to https://www.amway.com/Shop/Registration/CustomerRegistration.aspx?Country=US
Scroll down to the section titled "Benefits of Being Affiliated with an Independent Business Owner", select "Show me a list of IBOs in my area that I can select from".... put your zip code and voila!!!!
I put my own zipcode 94536, and most of the names are desi. Confirms my suspicion that there are more desi's sucked into this than........
Now post what you find in your area!
Good find. I tried for my zip code and it gives a few random names, when you try again and again for the same zip.
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Rb_newsletter
01-15 09:40 PM
1. About 100,000 or may be many times that number (I do not know) of L1 workers are brought to work to the USA? Do they realize that there is NO quota limit for L1?
2. How the L1A visa is misused in the guise of the so called "International transfer" to file for GC under EB1 category?
3 That many of the Indian / foreign firms no longer prefer to sendi their employees on H1 as they can send plane loads of L1 without any hitch?
I just wanted to share the info that I know and I am not in L1.
They started cracking down L1s long before. Denials of L1 started atleast a year before. Nowadays some companies don't even apply for L1 extension from onsite. Because they know it will be denied. They apply extensions only after candidate goes back to home country.
But let us not hate each other among ourselves between L1, H1, F1 etc. At the end anyone is applying for L1/H1/F1 because there is a provision and it is completely legal.
2. How the L1A visa is misused in the guise of the so called "International transfer" to file for GC under EB1 category?
3 That many of the Indian / foreign firms no longer prefer to sendi their employees on H1 as they can send plane loads of L1 without any hitch?
I just wanted to share the info that I know and I am not in L1.
They started cracking down L1s long before. Denials of L1 started atleast a year before. Nowadays some companies don't even apply for L1 extension from onsite. Because they know it will be denied. They apply extensions only after candidate goes back to home country.
But let us not hate each other among ourselves between L1, H1, F1 etc. At the end anyone is applying for L1/H1/F1 because there is a provision and it is completely legal.
chanduv23
09-04 08:06 AM
Please stop this unnecessary useless discussion here. And I am not "_truefacts". Folks, just like how u do IT or medicine, for politicians - politics is a career. They do whatever they can to be in power and in developing countries like India where unfortunately, corrpution still exists. Corrpution exists everywhere in different forms. Don't we all pay for EAD and AP every year because our country is retrogressed? Don't we all pay for MTR when we do everything based on law?
One has to accpept the reality and live with it and try to bring about the change within one's parameters.
People can argue just for the sake of arguements - but the reality is that we are all in it together. If there is an issue that affects all of us, it affects all of us - period. We can argue and counter argue but unless we all get on the same page and understand that there needs to be a solution rather than trask talk, things are not going to change for us.
Lets concentrate on what we are in this organization for.
One has to accpept the reality and live with it and try to bring about the change within one's parameters.
People can argue just for the sake of arguements - but the reality is that we are all in it together. If there is an issue that affects all of us, it affects all of us - period. We can argue and counter argue but unless we all get on the same page and understand that there needs to be a solution rather than trask talk, things are not going to change for us.
Lets concentrate on what we are in this organization for.
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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.
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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gc_on_demand
08-04 07:57 AM
Hello VDLRAO ,
People from June 2006 are geting GC means that USCIS enough visa so they started to give gc to 2006 candidates.. is my belief true. What will be date in new year's first quater for eb2 india ?
People from June 2006 are geting GC means that USCIS enough visa so they started to give gc to 2006 candidates.. is my belief true. What will be date in new year's first quater for eb2 india ?
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sri1309
09-23 07:23 AM
I would still puruse removing quotas unconditionally. Not everyone will want to buy a house here. We can always propose buying houses will help fix housing crisis, but that shouldnt be a must.
Instead, I would suggest pay $5K or $10K to expedite it. I am sure many people want to take this. If we are talking about 500,000 people, then with a $5K premium processing, it will generate $2,500,000,000. Is that 2.5 billion.. Not bad. This step wioll not hurt many.
Sri.
Instead, I would suggest pay $5K or $10K to expedite it. I am sure many people want to take this. If we are talking about 500,000 people, then with a $5K premium processing, it will generate $2,500,000,000. Is that 2.5 billion.. Not bad. This step wioll not hurt many.
Sri.
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somegchuh
10-18 06:42 PM
You have hit the nail right on the head. They issued 225000 H1b's between the years and 2000 and 2002 but the GC quota remained the same. Also, there is no quota for H1 (large # goes to India/Chine) but there is a quota for GC.
The idea is they want to control it so that only a third of the ppl who come on H1 end up getting a GC. They make the GC process hard one way or the other. Either you get stuck in the labor queue or in the retrogression queue. The average time to get has always been 4 years. Some ppl get lucky and get it in less than 3 and some get unluck and spend over 5 years trying to get it!
Ultimately the question for everyone is how long are you willing to put your life on hold? If you wait long enough you will get it. They seldom reject cases (unless it was a fraudulent case).
Having said that lot of us are thinking about leaving because US is making harder and harder for people like us to stay here and lot of us don�t want to put our lives on hold for years and years hoping that may be one day I�ll hit the jackpot called green card. On the other hand, lot of us don�t mind waiting and have been waiting for long time. It�s a matter of preference. Remember you are supposed to be a guest here. Do your work and get the hell out of here. Only 140000 guests are allowed to stay back and rest have to pack their bags. I mean that�s the real intent behind this quota system.
To make long story short, for lot of people US is not the option available on the table so quit comparing US against others. Just think about where you might end up if you didn�t move to Canada and compare that country against Canada.
The idea is they want to control it so that only a third of the ppl who come on H1 end up getting a GC. They make the GC process hard one way or the other. Either you get stuck in the labor queue or in the retrogression queue. The average time to get has always been 4 years. Some ppl get lucky and get it in less than 3 and some get unluck and spend over 5 years trying to get it!
Ultimately the question for everyone is how long are you willing to put your life on hold? If you wait long enough you will get it. They seldom reject cases (unless it was a fraudulent case).
Having said that lot of us are thinking about leaving because US is making harder and harder for people like us to stay here and lot of us don�t want to put our lives on hold for years and years hoping that may be one day I�ll hit the jackpot called green card. On the other hand, lot of us don�t mind waiting and have been waiting for long time. It�s a matter of preference. Remember you are supposed to be a guest here. Do your work and get the hell out of here. Only 140000 guests are allowed to stay back and rest have to pack their bags. I mean that�s the real intent behind this quota system.
To make long story short, for lot of people US is not the option available on the table so quit comparing US against others. Just think about where you might end up if you didn�t move to Canada and compare that country against Canada.
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jthomas
05-29 05:39 PM
can somebody summarise it and make a action plan
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newtoearth
05-02 07:56 PM
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cableman
12-13 09:02 PM
I can't agree more. In fact, I don't understand how we can argue the quota cap discriminate a special group. The quota cap system is very different from the case of which a man could vote but not a woman. The quota cap system applies to every country fairly. Every foreign citizen can apply for immigration. Any country reaching the cap will have to wait for next year quota. Perhaps it is *too* fair that the system doesn't account the world population distribution. IMHO I have no doubt that this case would lose in the court and I am sure that bringing this case to the court would make EB applicants enemy to the country. In the end, what do we achieve?
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unseenguy
05-29 02:54 PM
No one is arguing that lot of EB1Cs do not deserve the classification, however; that is not the root cause why we are backlogged. You might get 1000more visas , you would think but at the end of the day , you will close that gateway as well. 1000 EB1 visas are not a major relief for us. And if you think that will resolve the issue, you are mistaken.
There is a political decision to backdate the country dates and hence even if you take up Eb1 issue, they will close that line as well, but those visas will not translate into more visas for us. Bureaucrats can come up with gazillion excuses as to why spillover did not happen such as "there is now demand for religious workers".
So do not deviate the focus of the community. Our purpose is to get our GC, not stop someone else from getting a GC. Thinking otherwise mean , divisive and selfish mentality! or plain jealousy. Has anyone stopped you from working for Cognizant?
We need transparency and better predictability in the whole process. Someone said Oppenheim knows more than many of us. My question is why should we trust him? Shouldent there be a system that gives clear picture to everyone?
Bottomline is we need to choose our battles! EB1 is not the battle we need to fight right now.
There is a political decision to backdate the country dates and hence even if you take up Eb1 issue, they will close that line as well, but those visas will not translate into more visas for us. Bureaucrats can come up with gazillion excuses as to why spillover did not happen such as "there is now demand for religious workers".
So do not deviate the focus of the community. Our purpose is to get our GC, not stop someone else from getting a GC. Thinking otherwise mean , divisive and selfish mentality! or plain jealousy. Has anyone stopped you from working for Cognizant?
We need transparency and better predictability in the whole process. Someone said Oppenheim knows more than many of us. My question is why should we trust him? Shouldent there be a system that gives clear picture to everyone?
Bottomline is we need to choose our battles! EB1 is not the battle we need to fight right now.
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kumar1
07-10 12:18 PM
Dear Friends, I had it... I am moving to Canada in the next 2 months to work for guess who? Microsoft. Came to USA in 1997 for my masters, worked at Legato, Documentum and Opentext. Had to restart my GC twrice, once as the company laid me off and next for career progression. GC is still years years away. Interviewed with MSFT last month and got an offer to work in their Enterprise Collaboration team. MSFT looked at the visa mess I was in and offered me to work in Vancouver. I get my Canadian GC in 6 months and my wife can work from day one. I am abandoning my US dream for good;guess I would be satisfied with touching my 4 year old son's American passport.
I worked for a canadian company in US and now would be working for a US company in Canada. This is globalization. True Globalization. Any for those whiners belonging to IEEE and its propoganda machine, I would like to mention that I drew salries which were above way above the norm. I am sure I would be drawing more than 2 of his programmers combined. Ron- ask your folks to learn to compete and update their skills. They probably studied studied 'history of mathematics' as a math subject in high school instead of calculus. They were happy that they had the coolest Nintendo games while many like me were burning the midnight old figuring out data structures at Berkeley.
I hope Berney Sanders and his club of the CIR days are hearing the developments. Berney, fix the broken education system for job protection rather than building fences to prevent legal workers to come to this gifted country. More companies will leave for nearshore if the mess continues. Fix the system by closing the H1B loopholes that a small percentage of companies are exploiting. Don't bad mouth the H1B system which has given you so much talent that you could have never groomed, the talented individuals who have contributed to the society, social security system and what not. Patch the holes in the fence, do not erect a higher fence for which people need to pay $ 5000 to cross. And by the way if you have the inclination and the time- fix the broken LEGAL High Skilled immigration system.
Byeusa - I read your story and felt like you have written mine. I came to USA in 2000, with a dream...a 25 year old young single guy, having a B.Tech degree from IIT Delhi, full of fire, fighting to do anything. 7 years down the line, only thing that I have earned here is a thick 25 lb bag filled with immigration papers. I avoid even looking at that bag, it makes me feel depressed. My wife, a graduate from IIT, sitting at home on H4 waiting for a day when she will get her work permit. Now I am 33, I am still doing what I was doing at the age of 25. My manager gives me 3 days to finish something and I know I can do it in 3 hours....it has become a physical job, its not a mental job anymore. This is the 3rd time, someone has applied for my green card and I am sure it will never go thoguh.
Keeping everything in perspective, my wife and I applied for Canadian PR 2 years ago and now we have gotten it. We want to move to Canada, however there are so many things.....daughter, her school, new country, culture...etc. Nevertheless, when I read your story, I felt encouraged and I am going to think harder in this area. I wish you well. God bless you!
I worked for a canadian company in US and now would be working for a US company in Canada. This is globalization. True Globalization. Any for those whiners belonging to IEEE and its propoganda machine, I would like to mention that I drew salries which were above way above the norm. I am sure I would be drawing more than 2 of his programmers combined. Ron- ask your folks to learn to compete and update their skills. They probably studied studied 'history of mathematics' as a math subject in high school instead of calculus. They were happy that they had the coolest Nintendo games while many like me were burning the midnight old figuring out data structures at Berkeley.
I hope Berney Sanders and his club of the CIR days are hearing the developments. Berney, fix the broken education system for job protection rather than building fences to prevent legal workers to come to this gifted country. More companies will leave for nearshore if the mess continues. Fix the system by closing the H1B loopholes that a small percentage of companies are exploiting. Don't bad mouth the H1B system which has given you so much talent that you could have never groomed, the talented individuals who have contributed to the society, social security system and what not. Patch the holes in the fence, do not erect a higher fence for which people need to pay $ 5000 to cross. And by the way if you have the inclination and the time- fix the broken LEGAL High Skilled immigration system.
Byeusa - I read your story and felt like you have written mine. I came to USA in 2000, with a dream...a 25 year old young single guy, having a B.Tech degree from IIT Delhi, full of fire, fighting to do anything. 7 years down the line, only thing that I have earned here is a thick 25 lb bag filled with immigration papers. I avoid even looking at that bag, it makes me feel depressed. My wife, a graduate from IIT, sitting at home on H4 waiting for a day when she will get her work permit. Now I am 33, I am still doing what I was doing at the age of 25. My manager gives me 3 days to finish something and I know I can do it in 3 hours....it has become a physical job, its not a mental job anymore. This is the 3rd time, someone has applied for my green card and I am sure it will never go thoguh.
Keeping everything in perspective, my wife and I applied for Canadian PR 2 years ago and now we have gotten it. We want to move to Canada, however there are so many things.....daughter, her school, new country, culture...etc. Nevertheless, when I read your story, I felt encouraged and I am going to think harder in this area. I wish you well. God bless you!
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vdlrao
07-15 10:54 PM
vdlrao,
True Eb2 will move and would not retrogress taking the new FY as a whole..but it becoming current by next Oct is a bit far fetched.
Remember in the first quarter of FY07 EB2 was U with all 01, 02, 03, and Jan-Mar 04 (mostly 03 as 01 and 02 were current for long and didn't have many in the labor backlog centers) used all the numbers. With several EB2's issued during the fiasco + 1st and 3rd quarter and into the 4th quarter, we are now slowly seeing everything till Mar 04 cleared up. It took almost a year to have 03 cleared up.
And you guess is 04-08 would get cleared in another year :p hard to believe!
04-08 would get cleared in another year ? : u may be righ IntheMoment. In 05 there are very less cases.
so there are 06 and 07 & 08. I presume even thugh it wont be current then the PD will be 1 or 1 and half year delay.
True Eb2 will move and would not retrogress taking the new FY as a whole..but it becoming current by next Oct is a bit far fetched.
Remember in the first quarter of FY07 EB2 was U with all 01, 02, 03, and Jan-Mar 04 (mostly 03 as 01 and 02 were current for long and didn't have many in the labor backlog centers) used all the numbers. With several EB2's issued during the fiasco + 1st and 3rd quarter and into the 4th quarter, we are now slowly seeing everything till Mar 04 cleared up. It took almost a year to have 03 cleared up.
And you guess is 04-08 would get cleared in another year :p hard to believe!
04-08 would get cleared in another year ? : u may be righ IntheMoment. In 05 there are very less cases.
so there are 06 and 07 & 08. I presume even thugh it wont be current then the PD will be 1 or 1 and half year delay.
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aamchimumbai
04-28 10:42 PM
All!
Will the no labor substitution clause will affect in any way for the following situation -
1. Company A - labor cleared, approved I-140 and now moving onto Company B. Can the old labor PD be ported to the new labor certification and new I-140 approval with Company B.
I am assuming that the labor cannot be used for anyone within Company A. Right ?
What are your thoughts.
Thanks.
Will the no labor substitution clause will affect in any way for the following situation -
1. Company A - labor cleared, approved I-140 and now moving onto Company B. Can the old labor PD be ported to the new labor certification and new I-140 approval with Company B.
I am assuming that the labor cannot be used for anyone within Company A. Right ?
What are your thoughts.
Thanks.
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bestia
02-14 01:03 PM
Hi Bestia
I see your PD is Aug 2004 for EB3 ROW, and U already filed I 485.
I need some help: My PD is also Aug 2004, I'm in the EB3 ROW. When can I start filling I-485? The March VB says 01JAN2005. What is the last date I can file?
Thanks 4 help.
You can mail your I-485 on Feb 29. USCIS must receive it in March. I would suggest you to file your app ASAP in March, because you never know - dates might retrogress again.
I see your PD is Aug 2004 for EB3 ROW, and U already filed I 485.
I need some help: My PD is also Aug 2004, I'm in the EB3 ROW. When can I start filling I-485? The March VB says 01JAN2005. What is the last date I can file?
Thanks 4 help.
You can mail your I-485 on Feb 29. USCIS must receive it in March. I would suggest you to file your app ASAP in March, because you never know - dates might retrogress again.
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rajuram
05-31 04:20 PM
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Do these figures include dependents??
Do these figures include dependents??
Legal
07-24 07:26 PM
VDLRAO Ji,
Can you throw some light on the points said by Attorney Ron. Is Ron overstating numbers or some thing is missing in calculations
My conclusion is just like every one else Ron Gotcher is also speculating.
Can you throw some light on the points said by Attorney Ron. Is Ron overstating numbers or some thing is missing in calculations
My conclusion is just like every one else Ron Gotcher is also speculating.
lazycis
02-16 10:11 PM
Read complaint from NGWANYIA v. ASHCROFT case, you will find a lot of similarities with the current situation
http://www.ailf.org/lac/lac_lit_101802.pdf
Also those who are interested in active participation, please join yahoo group by sending e-mail to visa-recapture-subscribe@yahoogroups.com
All we need is one or two members who have time and desire to start the process.
http://www.ailf.org/lac/lac_lit_101802.pdf
Also those who are interested in active participation, please join yahoo group by sending e-mail to visa-recapture-subscribe@yahoogroups.com
All we need is one or two members who have time and desire to start the process.
