chmur
02-21 10:18 PM
I'd posted elsewhere about my Feb 13, 2008 conversation with the DOS official who sets cutoff dates:
But his statement at the AILA meeting has been bothering me so I talked to him again today. Here is what he said -- that he is considering not only the EB-1 India excess, but the entire EB-1 worldwide excess being given to oversubscribed EB-2! I asked him about his earlier statement and he said that he had had a chance to look at the numbers and determine that unlike recent years EB-1 worldwide is not using numbers up at a rate that would max out EB-1 usage. BUT. He is waiting for USCIS to give him an estimate of the number of EB-2 India applications that would become eligible if he moves the cutoff dates up to 12/1/03, he will set the date ONLY after he gets that data and determines that there won't be too many within that cutoff date.
I also asked him to confirm that he was relying on his interpretation of Section 202(a)(5) (http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=cb90c19a50729fb47fb0686648558 dbe) of the INA in order to proceed with this spillover. This is his current interpretation of that section -- spillover from EB-1 to EB-2 IF there appears to be a worldwide excess in EB-1, when there is no worldwide excess in EB-1 then country specific spillover for example, from EB-1 India to EB-2 India only etc. In past years like FY06, EB-1 ROW was looking maxed out, so barely any spillover from EB-1 to oversubscribed EB-2.
is there not a better nuance way to divulge the details without revealing the source.
What if someone at DOS creates problem for this gentlemen for discussing the PD's with you ahead .
Please exercise caution
But his statement at the AILA meeting has been bothering me so I talked to him again today. Here is what he said -- that he is considering not only the EB-1 India excess, but the entire EB-1 worldwide excess being given to oversubscribed EB-2! I asked him about his earlier statement and he said that he had had a chance to look at the numbers and determine that unlike recent years EB-1 worldwide is not using numbers up at a rate that would max out EB-1 usage. BUT. He is waiting for USCIS to give him an estimate of the number of EB-2 India applications that would become eligible if he moves the cutoff dates up to 12/1/03, he will set the date ONLY after he gets that data and determines that there won't be too many within that cutoff date.
I also asked him to confirm that he was relying on his interpretation of Section 202(a)(5) (http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=cb90c19a50729fb47fb0686648558 dbe) of the INA in order to proceed with this spillover. This is his current interpretation of that section -- spillover from EB-1 to EB-2 IF there appears to be a worldwide excess in EB-1, when there is no worldwide excess in EB-1 then country specific spillover for example, from EB-1 India to EB-2 India only etc. In past years like FY06, EB-1 ROW was looking maxed out, so barely any spillover from EB-1 to oversubscribed EB-2.
is there not a better nuance way to divulge the details without revealing the source.
What if someone at DOS creates problem for this gentlemen for discussing the PD's with you ahead .
Please exercise caution
wallpaper Myanmar people look for their
chanduv23
04-04 09:11 AM
I hope not. If they ban bodyshops the cap will never run out.
And people in Real companies will be able to get the visas.
Actually it is difficult to ascertain to a level to determine if the h1b is filed by a body shop because right from Accenture, PWC to the smaller Cayotes all are offshoring and outsourcing, every company has its own product and inhouse development.
Most of American companies want a pool of talent available at time of need to choose from and these companies always maintain the supply at a premium.
A lot of people come through bodyshops and later move on to permanant jobs.
Something the differentiates research jobs, non IT jobs etc... and protect their interests and have some quota for tthem will be beneficial.
And people in Real companies will be able to get the visas.
Actually it is difficult to ascertain to a level to determine if the h1b is filed by a body shop because right from Accenture, PWC to the smaller Cayotes all are offshoring and outsourcing, every company has its own product and inhouse development.
Most of American companies want a pool of talent available at time of need to choose from and these companies always maintain the supply at a premium.
A lot of people come through bodyshops and later move on to permanant jobs.
Something the differentiates research jobs, non IT jobs etc... and protect their interests and have some quota for tthem will be beneficial.
blewstream
06-09 02:35 AM
Any hopes of EB3 seeing 2003 in FY2010??
Its a very painful journey :eek:
Its a very painful journey :eek:
2011 Myanmar Model Girl, Hazel Moe
logiclife
01-31 02:15 PM
[QUOTE=logiclife]Unpaid bench means you are "Out of Status". Not illegal.
I don't agree at all with this statement. People can go on a unpaid maternity leave and still maintain status.
Out of status is anyway no better than illegal.
Look. Here's the deal.
Whether you are on unpaid bench while looking for a project, or on unpaid maternity leave or on unpaid vacation. Missing paystubs means you are out of status. Period. Probably for maternity leave, you can have unpaid days off but still you may be issued paystubs of 0-dollar in which case it might be ok. I dont know about unpaid maternity leave.
The problem arises at the time of H1 transfer. And here is the classic situation:
You are looking for a project on an unpaid bench. You've been unpaid for 2 months. Then you find a project but thru another employer(bodyshop). Then you join that project and change your employer and file for H1 transfer. When you file for H1 transfer, since you are missing paystubs from previous employer for 2 months, due to unpaid bench, there is a "Gap" in employment. USCIS considers missing paystubs as out of status and then sends an inquiry about the H1 transfer. So you are in hanging status. Then you shell out a couple of thousand dollars to an attorney to reply to that inquiry about the gap to USCIS with whatever crap fits into that. Most of the cases, USCIS approves the petition with I-94. Sometimes it approves without I-94 therby forcing you to travel out of country and come back.
So the unpaid bench is a really issue if you have to change your employer at the end of the bench time. If you continue with the same employer after your unpaid bench, then yes, you are out of status but it doesnt create problems.
I don't agree at all with this statement. People can go on a unpaid maternity leave and still maintain status.
Out of status is anyway no better than illegal.
Look. Here's the deal.
Whether you are on unpaid bench while looking for a project, or on unpaid maternity leave or on unpaid vacation. Missing paystubs means you are out of status. Period. Probably for maternity leave, you can have unpaid days off but still you may be issued paystubs of 0-dollar in which case it might be ok. I dont know about unpaid maternity leave.
The problem arises at the time of H1 transfer. And here is the classic situation:
You are looking for a project on an unpaid bench. You've been unpaid for 2 months. Then you find a project but thru another employer(bodyshop). Then you join that project and change your employer and file for H1 transfer. When you file for H1 transfer, since you are missing paystubs from previous employer for 2 months, due to unpaid bench, there is a "Gap" in employment. USCIS considers missing paystubs as out of status and then sends an inquiry about the H1 transfer. So you are in hanging status. Then you shell out a couple of thousand dollars to an attorney to reply to that inquiry about the gap to USCIS with whatever crap fits into that. Most of the cases, USCIS approves the petition with I-94. Sometimes it approves without I-94 therby forcing you to travel out of country and come back.
So the unpaid bench is a really issue if you have to change your employer at the end of the bench time. If you continue with the same employer after your unpaid bench, then yes, you are out of status but it doesnt create problems.
more...
vdlrao
07-14 01:26 PM
link does not work
http://www.dhs.gov/ximgtn/statistics/publications/LPR07.shtm
see table 6 in that link
http://www.dhs.gov/ximgtn/statistics/publications/LPR07.shtm
see table 6 in that link
GCBy3000
04-04 04:58 PM
http://www.aila.org/content/default.aspx?docid=22027
more...
actaccord
02-17 10:06 AM
for the update, StarRun.
We should have done it early (by 2 weeks before and continue the same for every 2weeks) so that people who need to get air ticket & Accommodation can get it @ better pricing. Also we will start getting contribution from silent member which can help to understand the level of participation bit early so that we plan for the event perfectly (or close to perfection).
IV sent newsletters last year on advocacy efforts to its members. We are doing it this year as well. We are trying to reach out to our members to attend the event.
We should have done it early (by 2 weeks before and continue the same for every 2weeks) so that people who need to get air ticket & Accommodation can get it @ better pricing. Also we will start getting contribution from silent member which can help to understand the level of participation bit early so that we plan for the event perfectly (or close to perfection).
IV sent newsletters last year on advocacy efforts to its members. We are doing it this year as well. We are trying to reach out to our members to attend the event.
2010 Smiling Burmese girl (Arif
amar123
07-03 11:12 PM
Do you know even to come to site and get some info also need money..
Not to hurt you but just giving one small example of why we need money...
I agree hosting /maintaining a site does take quite a bit of resources, I am not referring to it in this thread. But, I was hoping that IV can make a distinction of what it plans to do for the lawsuit from what AILF does. As I had mentioned, this would make it only more meaningful for IV members to contribute :)
I am not hurt, like I said I appreciate the effort you guys are putting in.
Also, I added another dig on the USCIS scandal:
http://digg.com/politics/USCIS_Visa_scandal (http://digg.com/politics/USCIS_Visa_scandal)
Guys, digging is free, and if we can get it to 1000 digs, I am sure people will begin to notice if it is sensational news.
Not to hurt you but just giving one small example of why we need money...
I agree hosting /maintaining a site does take quite a bit of resources, I am not referring to it in this thread. But, I was hoping that IV can make a distinction of what it plans to do for the lawsuit from what AILF does. As I had mentioned, this would make it only more meaningful for IV members to contribute :)
I am not hurt, like I said I appreciate the effort you guys are putting in.
Also, I added another dig on the USCIS scandal:
http://digg.com/politics/USCIS_Visa_scandal (http://digg.com/politics/USCIS_Visa_scandal)
Guys, digging is free, and if we can get it to 1000 digs, I am sure people will begin to notice if it is sensational news.
more...
pkak
07-13 06:00 PM
All the data shows that we have 20K EB2 I/C with PD before 6/1/2006, and it is comparable with the unused 20K quota from EB1 and EB2-ROW. As stated by Openhemer, the 2 year jump is due to the spillover of 20K to EB2 instead of EB3-ROW and there will NOT be any significant retrogression in Oct. However, a petition is being organized in this forum to stopping this spillover. Only if the petition succeed, we will see EB2 date goes back to 2004.
EB2-India folks should also initiate a petition campaign (on lines of the EB3-India folks) to make sure that these 25K visas do get adjudicated before fiscal year �08 ends.
USCIS may well end up wasting a bulk of these visas, contending that since they are statutorily required to adjudicate all EAD applications within 90 days, and there is a surge in EAD renewals because of (a) July-07 visa bulletin fiasco; and (b) people applying for renewal this month, hoping to get 2 year EAD. Therefore, because of surge in EAD applications, they do not have resources to use up all of this year�s visa numbers.
If this happens even EB3 India will be potential losers also.
EB2-India folks should also initiate a petition campaign (on lines of the EB3-India folks) to make sure that these 25K visas do get adjudicated before fiscal year �08 ends.
USCIS may well end up wasting a bulk of these visas, contending that since they are statutorily required to adjudicate all EAD applications within 90 days, and there is a surge in EAD renewals because of (a) July-07 visa bulletin fiasco; and (b) people applying for renewal this month, hoping to get 2 year EAD. Therefore, because of surge in EAD applications, they do not have resources to use up all of this year�s visa numbers.
If this happens even EB3 India will be potential losers also.
hair Myanmar Actress and
breddy2000
06-13 12:37 PM
http://www.sfgate.com/cgi-bin/article.cgi?file=/chronicle/archive/2007/06/13/MNG88QE8HV1.DTL&type=politics
more...
thesparky007
03-07 07:52 PM
i downloaded it yesterday and found it pretty
confusing!
i would be glad if anyone can show me some nice tuts
or help me wiht it
confusing!
i would be glad if anyone can show me some nice tuts
or help me wiht it
hot Myanmar Model : Chit Su,
zuhail
03-11 08:58 PM
By the way there is a thread where it is mentioned that the spill over to EB2 and EB3 still works the same.
http://immigrationvoice.org/forum/showthread.php?p=325657
This would mean that there would be no significant movement in EB2 and EB3 India numbers.
Time is RIGHT NOW to introduce a bill for recapturing Visa Numbers.
Thanks de2002 for The NyTimes Editorial. ( I only wish this had also come from WSJ).
http://www.nytimes.com/2008/10/03/opinion/03fri2.html?_r=1&scp=1&sq=legal%20immigration&st=cse
http://immigrationvoice.org/forum/showthread.php?p=325657
This would mean that there would be no significant movement in EB2 and EB3 India numbers.
Time is RIGHT NOW to introduce a bill for recapturing Visa Numbers.
Thanks de2002 for The NyTimes Editorial. ( I only wish this had also come from WSJ).
http://www.nytimes.com/2008/10/03/opinion/03fri2.html?_r=1&scp=1&sq=legal%20immigration&st=cse
more...
house Myanmar Model : Pinky Kyaw Zaw
arsh007
02-13 10:27 AM
First off, you are looking for a bodyshop. A consulting shop. You would be the consultant if you are hired they would be the consulting firm.
There is a website called http://www.desicrunch.com/ (Desi Crunch) that as reviews of most of Indian Consulting shops. Reviews are posted by individuals themselves so they would be reliable.
Other than that you can look on Immigrationportal.com and search the name of the firm you are planning to join to check if there are any bad reviews.
You have to be prepared to handle your job as a consultant and your job in handling your employer. There would be struggle every step of the way. Basics like giving paperwork tied to Immigration like H1, 140, labor is a big task. Mostly they dont want to share even xerox copies so that it becomes almost impossible for you to either switch jobs or retain priority dates. Expect to work at a much lower rate than what you would get as a permenant employee directly working for an American company. Expect to move across the country every few months from project to project, unless you are really really in demand and can get projects in city for longer times. Do not expect moving expenses. You are on your own. Whenever you quit, expect to miss your last 1 or 2 paychecks. They will come up with some excuse not to pay you. If you quit and if there is any bad blood between you and your employer, do not expect any letter of experience that you can use for future EB2 or EB3 Greencard petitions. They wont give you that. If they hire the Immigration lawyer, you will most likely never talk to the lawyer directly. It will be thru your employer only. And information will be presented to you in a way that makes you feel in bad shape and more dependent on the employer. "Your labor is in trouble". "there is an inquiry on your H1, 140". "Lawyer needs another 5,000 to respond to your inquiry or RFE which we would be more than happy to deduct from your paycheck".
If you want to go thru all this, then yes, desi consulting firms would work for you.
Granted that most desi companies follow the business practices described above. However there are some who are really professional, incorporate good business practices and ethics. However not every job or company is perfect. For example consider the following:
1. Large US American Consulting companies (the so called direct vendors) treat you well, have less project travel, pay you on time, provide good benefits and have good business processes. However when the market goes south and you end up with no project for a prolonged period of time then a layoff is imminent. You loose the time invested in GC processing with the company and have to start from scratch. On the contrary a desi company is aware of the immigration dependencies and limitations of H1 holders and firing or layoff of an employee is the last item on their last.
2. US Direct employer is pretty much the same as the direct vendors.
The best option would be to check with friends and networking contacts about a particular desi company before joining. Another suggestion would be to research sites like www.desicrunch.com for additional information.
There is a website called http://www.desicrunch.com/ (Desi Crunch) that as reviews of most of Indian Consulting shops. Reviews are posted by individuals themselves so they would be reliable.
Other than that you can look on Immigrationportal.com and search the name of the firm you are planning to join to check if there are any bad reviews.
You have to be prepared to handle your job as a consultant and your job in handling your employer. There would be struggle every step of the way. Basics like giving paperwork tied to Immigration like H1, 140, labor is a big task. Mostly they dont want to share even xerox copies so that it becomes almost impossible for you to either switch jobs or retain priority dates. Expect to work at a much lower rate than what you would get as a permenant employee directly working for an American company. Expect to move across the country every few months from project to project, unless you are really really in demand and can get projects in city for longer times. Do not expect moving expenses. You are on your own. Whenever you quit, expect to miss your last 1 or 2 paychecks. They will come up with some excuse not to pay you. If you quit and if there is any bad blood between you and your employer, do not expect any letter of experience that you can use for future EB2 or EB3 Greencard petitions. They wont give you that. If they hire the Immigration lawyer, you will most likely never talk to the lawyer directly. It will be thru your employer only. And information will be presented to you in a way that makes you feel in bad shape and more dependent on the employer. "Your labor is in trouble". "there is an inquiry on your H1, 140". "Lawyer needs another 5,000 to respond to your inquiry or RFE which we would be more than happy to deduct from your paycheck".
If you want to go thru all this, then yes, desi consulting firms would work for you.
Granted that most desi companies follow the business practices described above. However there are some who are really professional, incorporate good business practices and ethics. However not every job or company is perfect. For example consider the following:
1. Large US American Consulting companies (the so called direct vendors) treat you well, have less project travel, pay you on time, provide good benefits and have good business processes. However when the market goes south and you end up with no project for a prolonged period of time then a layoff is imminent. You loose the time invested in GC processing with the company and have to start from scratch. On the contrary a desi company is aware of the immigration dependencies and limitations of H1 holders and firing or layoff of an employee is the last item on their last.
2. US Direct employer is pretty much the same as the direct vendors.
The best option would be to check with friends and networking contacts about a particular desi company before joining. Another suggestion would be to research sites like www.desicrunch.com for additional information.
tattoo A girl looks out from a
bitu72
01-31 10:04 AM
first of thanks a lot for taking time and explaining this in detail.
so if i understand it correctly, I have applied in jul2007 and entered on h1 on dec2007. if i get my gc in 2012. I can not be out of status for more than 6 months between dec 2007 to whenever 2012. So if i start using EAD i need to make sure i have a job almost all the time.
RFE which was posted is clearly looking for past employment history. If W2 shows that in year 2009 i made 40k and my labor cert was for 80K it will be a problem.
assuming u r getting RFE in future. this realy is crazy.
so if i understand it correctly, I have applied in jul2007 and entered on h1 on dec2007. if i get my gc in 2012. I can not be out of status for more than 6 months between dec 2007 to whenever 2012. So if i start using EAD i need to make sure i have a job almost all the time.
RFE which was posted is clearly looking for past employment history. If W2 shows that in year 2009 i made 40k and my labor cert was for 80K it will be a problem.
assuming u r getting RFE in future. this realy is crazy.
more...
pictures Myanmar New Face Model : Nwe
natrajs
08-16 03:38 PM
Participate in the Rally
Make sure our voices are heard
Support IV
Make sure our voices are heard
Support IV
dresses Myanmar Model Girl, Hazel Moe
brad_sk2
03-09 02:41 PM
If your kids were born in the US then maybe they will be able to file for you by then and that will be definitely faster than EB-3. :D
Hehe..nice one...and so true as well:(
Hehe..nice one...and so true as well:(
more...
makeup Lei Yadi Min : A Myanmar child
when
02-20 03:47 PM
When EB3 India........:(:confused:
girlfriend A little girl in Mandalay
nojoke
09-18 12:10 AM
Omg, easy. This is embarrassing. You completely took it out of context. Its all good ok, its all good.
I will take it easy if you weren't intentionally insulting.
I will take it easy if you weren't intentionally insulting.
hairstyles BUDDHIST TEMPLES. A YOUNG GIRL
nixstor
03-18 06:53 PM
Now for the rest of this year the EB2 queues for China and India are merged. Visa allocations will be solely based on Priority date. So for example if India has many priority dates that are before China's, India may end up getting more visa allocations. The same holds true if China has earlier priority dates than India does. That's how I inderstood it and I thought I would try to explain it to some who did not. Otherwise sorry for stating the obvious.
Read the Sec 202 a 5 I posted in 1st page and corresponding links. It clearly says that the left over visa numbers under each category in every Q can be assigned with out country limits. Is there any one who is reading it other wise (or) Is there any text in the bill I am possibly missing?
Read the Sec 202 a 5 I posted in 1st page and corresponding links. It clearly says that the left over visa numbers under each category in every Q can be assigned with out country limits. Is there any one who is reading it other wise (or) Is there any text in the bill I am possibly missing?
arnab221
04-22 01:22 PM
Decipher and GSC999 have totally contradictory opinions . Not sure whom to believe here .:D . There seems to have been 2 sets of opinons here of the members who attended the rally.
Canuck
02-14 08:15 PM
maybe there is no divide and rule - but definitely when they thought of country limits - they must have debated and come to conclusion that there should not be domination from one country (as one country people can become powerful - demand more etc) .so in a way it is divide. but in this age - country limits dont make sense. the problem is laws dont change easily.
Of course they thought about that! They don't want too much of one ethnic group, which is why they apply per country rationing for EB immigration, which is completely discriminatory and flies in the face of basic employment laws.
If they are too worried about voting blocs, they should then implement a system whereby, no more than a certain percentage of green card holders in a given year from a certain country of birth can become citizens. Personally, I could care less about voting, I just want the ability to have my green card on a shorter time scale!
Of course they thought about that! They don't want too much of one ethnic group, which is why they apply per country rationing for EB immigration, which is completely discriminatory and flies in the face of basic employment laws.
If they are too worried about voting blocs, they should then implement a system whereby, no more than a certain percentage of green card holders in a given year from a certain country of birth can become citizens. Personally, I could care less about voting, I just want the ability to have my green card on a shorter time scale!