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  • greyhair
    06-10 07:30 PM
    For whatever reason, rumors are flying all over the Internet that the end of H1B and EAD employment authorization is at hand. This is complete nonsense. The purported basis for these rumors is an amendment offered in the Senate (S. Amdt. 4319) to a tax bill previously passed by the House (HR 4213). As written, this proposal would prohibit companies from filing H1B petitions if the company has laid off any employees in the last year. It would also void all existing H petitions for a company if the company lays off personnel.

    Let's put this in context. Microsoft decides to lay off some of its loading dock personnel because they want to outsource that work. Under this proposal, they would then have to terminate all of their H1B engineers. That simply doesn't pass the laugh test.

    Like most of Grassley's proposals, this amendment is pure idiocy. I suppose that's what happens when your parents are siblings. This bill has absolutely no chance of ever becoming law. .

    It is unwise to be too sure of one's own wisdom. Pandering to the client base will not help the clients, it will only help the service provider.





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  • alisa
    01-27 09:25 AM
    I am glad you posted this.
    I will put the numbers in the excel spreadsheet and see what comes out.
    But these might give more sensible results than the preposterous wait times that we were getting.

    If the average depletion rate for India is 34K per annum, then the wait times would look a lot better I think.

    I am assuming that these numbers include the dependents. So, if 34K adjustment of status were awareded, then, roughly speaking, there were 17K primary applicants, and 17K dependents? Am I correct?

    Also, for the accumulation rate, when we say that 65K H-1 visas are given out annually, I am assuming that does not include the dependents. Am I right??


    FISCAL ------ Employment ------- EB3
    YEAR ----- Total ---- INDIA | Total --- India
    2000 ----- 111,024 | 15888 | 51,711 | -5567 :IV FY 2000 (http://travel.state.gov/pdf/FY2000%20table%20V.pdf)
    2001 ----- 186,536 | 41720 | 90,274 | 16405 :IV FY 2001 (http://travel.state.gov/pdf/FY2001%20table%20V.pdf)
    2002 ----- 171,583 | 41919 | 87,574 | 17428 :IV FY 2002 (http://travel.state.gov/pdf/FY2002%20table%20V.pdf)
    2003 ----- -83,020 | 20818 | 47,354 | 10680 :IV FY 2003 (http://travel.state.gov/pdf/FY2003%20table%20V.pdf)
    2004 ----- 157,107 | 39496 | 88,114 | 19962 :IV FY 2004 (http://travel.state.gov/pdf/FY04tableV.pdf)
    2005 ----- 242,335 | 47160 |122,130 | 23399 :IV FY 2005 (http://travel.state.gov/pdf/FY05tableV.pdf)
    6 yr total - 951,605| 207001| 487,157| 93441
    Annual Avg --------- 34500 | -------- 15574

    If this trend would have continued. There should not be any MAJOR retrogression problem, but if you remember from the Nov 05 VB. The warning was very clear:

    During FY due to anticipated heavy demand, the AC21 provisions are not expected to apply, and the amount of Employment numbers available to any single country will be subject to the 7% cap. It is anticipated that the addition of unused FY-2005 Family numbers and the remaining AC21 numbers to the 140,000 annual minimum will result in an FY-2006 annual Employment limit of 152,000. This will mean an Employment per-country limit for FY-2006 of approximately 10,650.
    To illustrate the effect of the reduced per-county limitation during FY-2006 on the oversubscribed countries, it should be noted that during FY-2005 India used approximately 47,175 Employment numbers.


    If you plug this number into your analysis the result might be a couple of years of advance for your predictions.

    andy





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  • StarSun
    02-08 09:09 AM
    Thank you actaccord, shyamkishore, sukwinderd, reachinus for your contributions.

    I request other members to come forward to donate air miles or plan on carpool options NOW, as this will allow for people to decide on their commitment to travel to DC. Please do not wait until the last week or so to offer air miles....

    I also need a volunteer who can coordinate the airline donations, interested members, please contact me.

    Few members have submitted their wish to contribute air miles and hotel stay in the registration form. Please come forward on this thread.

    Thank you.





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  • arunmohan
    06-06 05:22 PM
    Enjoy your green life. We don't know when we will see approval for EB3 India.



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  • JunRN
    09-10 08:25 PM
    Hammond Law Group said it was postponed due to lack of quorum. Which one is true? ILW or Hammond Law?





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  • sabudanawada
    03-20 09:34 AM
    Tens of thousands? :eek:you kidding me? where did you get that number from? Please explain your logic/source or refrain from making unwarranted assumptions.

    If they have made the priority date to 2003 now, what that should tell us is that they suspect only a few thousand applications pending before that deadline.

    NO, no way.

    There are tens of thousands of EB2 India applicants from 2000 to 2002. Add labor substituters, EB2 converters, and you'll be lucky to see EB-2 India at even Dec 2002. Most likely within a few weeks of Apr, all EB-2 India visas will get used up. Keep in mind the new EB-2 numbers are from EB-1 India flowover. So it's going to last even less time than Oct-Nov last year.



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  • neverbefore
    07-15 05:27 PM
    My case is exactly same as yours except my PD is Feb 27th and I received an RFE for Birth Certificate when the dates went current in 2008 August. Since then I saw LUD's for 3 weeks and then its been all quiet I am hoping that means application was pre adjudicated.

    Folks, we had an interview in December of 2008 and the IO said that had the dates been current, she would have approved our 485.

    Now that we should get current from August 1, can you hazard a guess as to what might most likely happen? Do you think we might get a biometrics notice once again since fingerprints expire after 1 year (my understanding)? Or do you think we might get a CPO notice? Or some other third thing?

    Please enlighten. :confused:

    Thanks and best regards.





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  • satishku_2000
    07-09 03:18 PM
    Her PD is 2003 .. She has a reason to be pissed off ...



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  • somegchuh
    12-27 03:28 PM
    I think the bottomline is not having a GC causes you so much general grief in life that even if you were in a perfect job on H1 and your spouse had a perfect job on H1, you would still want GC just to circumvent these issues with transit and financial institutions.

    I know every time my wife or I fly anywhere, we are concerned about transit visas. Anytime you try to open an account, you are concerned. Different state DMV's act differently. Heck, even people in same DMV office in same city interpret rules differently when it comes to H1. I know ppl who have had trouble in CA getting a license because their H1 extension pending and I know ppl whose licenses were mailed to them with validity for another 5 years!





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  • Wendyzhu77
    01-19 10:22 AM
    Apparently, the police officer told you the exact story: by law you should carry all your immigration documents, but in practice a passport is good enough. By law he could deport, but in practice he won't though he had enough opportunities.
    Well, this is NOT a cooked up story. This happened to me yesterday at Harlingen (HRL) Texas airport.

    On January 16, 2008, I went to Mexico for H1-B visa stamping at Matamoras US consulate. I got my H1-B visa stamped and returned to Brownville, Texas.

    On January 17, 2008, I was at Harlingen (HRL), Texas airport for my final destination.

    One of the TSA security personnel�s is in process of verifying my ticket before proceeding to security check. As every one knows, we must present one of the government issued PHOTO-ID to them to clear the security check. I have shown my driver license and he has cleared the security check (name check).

    I was about to proceed further for security screening; mean while, a Police Officer came to me and asked me following questions.

    Sir, are you a US citizen?

    I said, No

    Then, he asked me, can I see your immigration documents.

    I have shown my passport to the police officer.

    He looked at H1-B visa and I-94 and asked me; who do you work for?

    I said my employer�s name.

    Later, he gave me my passport back.

    Now,

    I have asked the Police Officer few questions

    1. Sir, I�m in domestic traveling, is it mandatory to carry my immigration documents at all times?

    Police Officer said, as per the US LAW, all non-immigrants must carry immigration documents and passport at all times.

    2. What would you have done to me, if I had failed to present my passport?

    Police office said, I could have DEPORTED you.

    3. Sir, it is not possible for any one to carry passport at all times. Could the LAW allow me to carry photo copies of my passport and immigrations documents?

    Police office said, No. Technically, you must carry original documents at all times.

    I would advice you to carry Passport at all times.

    I did not know this until Police Officer told me about this LAW.

    P.S: BTW, the Department of Homeland Security (DHS) level is in �ORGANE�.



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  • new2gc
    03-10 11:40 PM
    You and I understand that we are already employed. Please check the Number USA site and tell me what common american people thinks about this.

    yes, on CNN, Anericanworkforce.org are showing ad saying every year US govt is importing 1.5Million foreign workers.... I wonder where did they got that number.:confused:





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  • rayoflight
    08-10 01:58 PM
    GK,

    I think you do have a point. Let me do some research and contact some attorneys as well on this. Will also check with the IV leadership on their thoughts on this point.

    Cheers,
    Rayoflight



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  • singhsa3
    03-10 03:14 PM
    Folks,
    I am trying to set up an interview with Mercury News , San Jose, CA. I think , he will be mainly focussing on the reason why we are not planning to buy house. One reason of course is market condition but the primary reason is the uncetainity of the green card process. Personally, I avoid making any big investments, including new car, vacations etc because of my uncertain future here in the USA.
    Those who want to be part of the interview, please let me know. We can talk before the interview as to the points we can make.





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  • texcan
    01-22 09:30 PM
    Texcan,
    Thanks for reading a long vent. Trust me, what happened to me in 9 months could happen to people in matter of moments.

    So, I still consider myself lucky. Please pray for all those who arent lucky enough.

    Thanks

    your post details how life comes at you fast....
    listen man, it will all work out. Keep doing the good work.



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  • zuhail
    04-03 01:37 AM
    Hello there,
    Please contact me at fermion_boson@ymail.com if you are interested to take part in efforts to re-capture unused visa numbers for EB categories.
    Let's do this NOW.
    "To strive, to seek, to find, and not to yield" --Lord Tennyson in "Ulysses"





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  • frostrated
    06-11 03:55 PM
    Done. Sent to senators in Texas. Also sent to house members just so that they are aware.

    Sent to all friends : Citizens, GC holders and those in the same boat as us. Even sent to native born Americans to help us to help their country.



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  • pitha
    06-12 02:37 PM
    house is 100 times more conservative than senate (does not matter if it is democratic controlled house and republican controlled house). If you think house is going to give us EB immigrants a break then you are completely off base. For every kyl, durbin and Kennedy in senate you will have three times more kyl, durbin and Kennedy in the house. House will take the senate bill and make some adjustments to it and not modifications. This bill cannot be repaired by amendments it is fundamentally flawed for us.whatever passes from the senate is the final bill, house will either reject it or rubber stamp it.



    It looks like without H1b restrictions you may not get anything. That is mood in the Senate. If CIR is not coming what is your idea? Skill bill seperately is difficult if not impossible. Last minute they may increase H1b for a few years(But last minute increase of GC is impossible. You might have learned lesson on last lame duck session and February 2007) that will further screw up Gc waiting persons.If CIR comes you can have a chance of some favorable amendment in House if not happens in Senate. Also if you oppose CIR you are joining with your enemy and you have risk of losing crediblity. Compete America does not oppose CIR and they are opposing some portions and trying Amendments and they did not advice to any Senator to oppose the bill





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  • alex99
    10-25 11:19 AM
    Please participate in EB3 Poll





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  • gc28262
    04-10 11:14 AM
    Time and again I am telling. EB 3 problem is due to 245(i) cases. Once 245(i) primaries are over, their dependent will come into the picture, who are waiting back home. All 245(i) cases have PD before April 2001. For time being, EB3 I or Mexico move beyond April 01 but again retrogress back to the April 01 when cases are accumulate at CP. This is the reason why EB3 I and Mexico is not moving since last many years.
    If some one is not convince with me, request under FOIA
    1. How many cases filed under 245(i) in India, Mexico, and ROW
    2. How many cases filed under I 824 Follow to Join since 2007?

    I agree with your observations except the point that it will retrogress again to 2001.

    As dates have moved beyond April 2001, I don't believe there will be any more 245(i) s coming into the queue. Dependents of 245(i) applicants would have a PD of Apr 2001 or before. They already got their GCs by now. 245(i) applicants would have filed for their dependents already. If these 245(i) applicants file for relatives, they WON'T have 2001 PD.

    Please correct me if I am wrong.





    imh1b
    11-19 10:34 AM
    why cant they spell out the damn rule.. instead of leaving it out for speculations...

    insane!

    Did you file the lawsuit yet?

    Someone please update on the lawsuit to enforce visa spill over





    yganreddy
    05-09 12:06 AM
    Hi

    Atlast I received My Welcome notice on 05/05/08 morning. First I received Card Production order and after couple of hours I received Welcome notice mailed. Today I received Approval Notice sent mail at 5:00 PM

    Thank you very much for all the information provided in forum. It was a great help. I will stick around.

    My details

    EB2 02/2003 (India) - TSC
    Sent 485 on : Jun 29th 2007
    Received on : Jul 02 2007
    Notice Date : Aug 24 2007
    Soft LUD on 485 : 12/07/2007
    Card production ordered mail : May 05 2008

    Contributed so for $100.00. Will contribute more.



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