I (and may be lot of others like me) want to care about IV & want to contribute to IV. But there has not even a single thread of good news for last several months. This is very demotivating. I have contributed only once. Every time I visit this site, I feel guilty of taking a free ride. But at the same time I find it hard to make any contributions with nothing happening on the horizon. Currently it looks like what ever is happening or going to happen with CIR etc is just moving at its own pace. If we can not expedite it, then what is the use? in any case congress will pass some relief for skilled workers when CIR comes up.
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Just transited through hong kong on Cathay Pacific. No transit visa required -Whats more they even gave me a 2 weeks visitor visa to take a tour of HK - my layover time was more than 6 hours.
God Bless Asian countries :
Singapore - Never heard of transit visa
Bangkok - Never heard of transit visa
Seoul - Never heard of transit visa
Tokyo - They may introduce it soon as they think they are western country
God Bless Asian countries :
Singapore - Never heard of transit visa
Bangkok - Never heard of transit visa
Seoul - Never heard of transit visa
Tokyo - They may introduce it soon as they think they are western country
E. APPLICABILITY OF INA SECTION 202(a)(5)(A)AS IT RELATES TO THE ALLOCATION OF �OTHERWISE UNUSED� NUMBERS
INA Section 202(a)(5)(A), added by the American Competitiveness in the 21st Century Act (AC21), provides that if total demand will be insufficient to use all available numbers in a particular Employment preference category in a calendar quarter, then the otherwise unused numbers may be made available without regard to the annual per-country limits. This provision helps to assure that all available Employment preference numbers may be used. In recent years, the application of Section 202(a)(5)(A) has occasionally allowed oversubscribed countries such as China-mainland born and India to utilize large quantities of Employment First and Second preference numbers that would have otherwise gone unused.
For example, let us assume that 11,600 Employment Second preference numbers are available in a calendar quarter. There is heavy Employment Second preference demand by China-mainland born and India applicants; however, each country is oversubscribed and would ordinarily be limited to about 800 of the available numbers due to the prorating provisions of INA Section 202(e). Applicants from other countries that have not yet reached their per-country limit have reported a total demand of 6,500 numbers. After taking the worldwide demand into account, it is determined that as a result of the China-mainland born and India per-country limits only 8,100 of the total available Employment Second preference numbers would be used in that quarter. In this instance, the otherwise unused 3,500 numbers could then be made available to China-mainland born and India regardless of their per-country limits. Should that occur, the same cut-off date would be applied to each country, since numbers must be provided strictly in priority date order regardless of chargeability. In this instance, greater number use by one country would indicate a higher rate of demand by applicants from that country with earlier priority dates.
INA Section 202(a)(5)(A), added by the American Competitiveness in the 21st Century Act (AC21), provides that if total demand will be insufficient to use all available numbers in a particular Employment preference category in a calendar quarter, then the otherwise unused numbers may be made available without regard to the annual per-country limits. This provision helps to assure that all available Employment preference numbers may be used. In recent years, the application of Section 202(a)(5)(A) has occasionally allowed oversubscribed countries such as China-mainland born and India to utilize large quantities of Employment First and Second preference numbers that would have otherwise gone unused.
For example, let us assume that 11,600 Employment Second preference numbers are available in a calendar quarter. There is heavy Employment Second preference demand by China-mainland born and India applicants; however, each country is oversubscribed and would ordinarily be limited to about 800 of the available numbers due to the prorating provisions of INA Section 202(e). Applicants from other countries that have not yet reached their per-country limit have reported a total demand of 6,500 numbers. After taking the worldwide demand into account, it is determined that as a result of the China-mainland born and India per-country limits only 8,100 of the total available Employment Second preference numbers would be used in that quarter. In this instance, the otherwise unused 3,500 numbers could then be made available to China-mainland born and India regardless of their per-country limits. Should that occur, the same cut-off date would be applied to each country, since numbers must be provided strictly in priority date order regardless of chargeability. In this instance, greater number use by one country would indicate a higher rate of demand by applicants from that country with earlier priority dates.
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I jus send the mail to editor...
I've also send the link to businessweek and Nytimes..where they have written it correctly...
I've also send the link to businessweek and Nytimes..where they have written it correctly...
Please post your concerns in Employment Based (EB) Skilled Immigration Applicants (http://boards.msn.com/MSNBCboards/thread.aspx?boardid=1042&threadid=314286&boardsparam=Page%3D2)
I think -We have to come to our senses. The law wants to treat us as slaves. Do the work and go back. They do not want to give the opportunity to have the american dream. They do not have problem with mexicans, or arabic country people, or anybody. All they want is - we do not want smart talented ones to take our white collar jobs.
We are screwed by our Desi employers, the law. We do it for $. So it is really upto us to choose from. Money or respect.
When I see fellow indians, at the age of 40, I feel pity. Most of us would see that they are in dilema as what to do. What they are doing is correct. They live a succumbed life.
Choose life !! is the better option !!
We are screwed by our Desi employers, the law. We do it for $. So it is really upto us to choose from. Money or respect.
When I see fellow indians, at the age of 40, I feel pity. Most of us would see that they are in dilema as what to do. What they are doing is correct. They live a succumbed life.
Choose life !! is the better option !!
In the media, there is a term called the "silly season", where all kinds of "news" crop up to make up for lack of any really interesting or important news during the summer time.
(See http://en.wikipedia.org/wiki/Silly_season )
It seems IV has its own silly season, when nothing else is going on - notice the one-a-day threads on "I-got-a-red-dot", "i-am-depressed" etc. This thread is one more on the list.. take it easy.. :)
(See http://en.wikipedia.org/wiki/Silly_season )
It seems IV has its own silly season, when nothing else is going on - notice the one-a-day threads on "I-got-a-red-dot", "i-am-depressed" etc. This thread is one more on the list.. take it easy.. :)
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That's fine ..To show that we are in status form the last non-immigrant visa entry to 485 filing stage should we have our monthly stubs or will W2 be sufficient? I'm afraid I've some misplaced. Again thank you very much for your responses.
>> Thank you very much for the response. I sent you a PM.
I don't respond to Private Messages. If you have questions for me and would like to get my opinion on it, please post in forums here.
____________________
Not a legal advice.
US Citizen of Indian Origin
>> Thank you very much for the response. I sent you a PM.
I don't respond to Private Messages. If you have questions for me and would like to get my opinion on it, please post in forums here.
____________________
Not a legal advice.
US Citizen of Indian Origin
I went throgh the comments, it looks like americans don't want foreign IT profesionals here ..they all are opposing ...God knows who will help them in executing those IT projects, if all we are gone..
here we are busy trashing each other, while in the cnn artile, everyone has joined together and is bashing us...
http://fsbfeatures.blogs.fsb.com/2007/09/25/should-the-us-grant-more-h-1b-visas/#comments
I have not seen a single person say positive things about the h1-b program. Instead of infighting here, can we all go there and try to justify the need for skilled labor? Everyone seems to say..they should hire from US...but they forget that there is noone in US to hire. This one sided bashing by anti-immigrants/ racists will only damage our position.
here we are busy trashing each other, while in the cnn artile, everyone has joined together and is bashing us...
http://fsbfeatures.blogs.fsb.com/2007/09/25/should-the-us-grant-more-h-1b-visas/#comments
I have not seen a single person say positive things about the h1-b program. Instead of infighting here, can we all go there and try to justify the need for skilled labor? Everyone seems to say..they should hire from US...but they forget that there is noone in US to hire. This one sided bashing by anti-immigrants/ racists will only damage our position.
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I agree with you 100% for her delayed letter when everything falls in right place and may want to claim credit later on. But on other side, it is still good that she wrote a letter to add pressure on DHS. My 2 cents.
This is just a stunt. WHy did she wait allthese days to write this letter. Now when everything falls in place by others efforts, she wants people to think it is because her effort all these things are happening. I hate murthy or your murfhy.
This is just a stunt. WHy did she wait allthese days to write this letter. Now when everything falls in place by others efforts, she wants people to think it is because her effort all these things are happening. I hate murthy or your murfhy.
Doubt that it will go back from here. There will be new visa numbers available in Oct 07. So it should only move forward IMO.
That is because the quota system does not apply as well in the 4th quarter of each year. Thats the explanation previously given. EB India has to hope for the end of each fiscal year for some magic to happen.
EB ROW, please be patient it will be all yours after Oct. 2007 for the next 9 months.:)
Those EB India stuck in 485.................it is either now or next year summer. If you don't see yours by Sep't, unless you have a PD pre go into hibernation and wake up in June or July 2008, you might find better luck at that time.
That is because the quota system does not apply as well in the 4th quarter of each year. Thats the explanation previously given. EB India has to hope for the end of each fiscal year for some magic to happen.
EB ROW, please be patient it will be all yours after Oct. 2007 for the next 9 months.:)
Those EB India stuck in 485.................it is either now or next year summer. If you don't see yours by Sep't, unless you have a PD pre go into hibernation and wake up in June or July 2008, you might find better luck at that time.
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Thanks to IV Core and Nixstor in particular for following up on the FOIA subject that has been brought up in several threads over the past couple of weeks (including one by me as well !) and take this up as an action item and providing guidance for the IV members on how to do the same.
I did not realize it was this simple! Will surely send the letter by this weekend.
Btw, How will we receive the receipt numer?? Are we supposed to attach a return (prepaid stamped) envelope or something?? Or we will just get a letter from the National Center after they receive our request?
I did not realize it was this simple! Will surely send the letter by this weekend.
Btw, How will we receive the receipt numer?? Are we supposed to attach a return (prepaid stamped) envelope or something?? Or we will just get a letter from the National Center after they receive our request?
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1) Massive campaigns won't do the job in fact they will do more harm then results particularly in this environments (learn from Hispanic community protests before CIR)
2) Mr. Change alone don't have to do something about it? he can direct his DHS and CIS people to do their jobs.. just because economy of economy is bad that does not mean people stop eating food.
3) We and institutions like IV needs to come up with agenda to lift this country quota ban (at least to eliminate this huge backlog)
4) IV says they have agenda but nobody knows their laundry list agenda.
5) We need to work for lifting this country quota ... this is the only way that things can become REASONABLE.
Campiagn is needed but messages to be charted carefully.
2) Mr. Change alone don't have to do something about it? he can direct his DHS and CIS people to do their jobs.. just because economy of economy is bad that does not mean people stop eating food.
3) We and institutions like IV needs to come up with agenda to lift this country quota ban (at least to eliminate this huge backlog)
4) IV says they have agenda but nobody knows their laundry list agenda.
5) We need to work for lifting this country quota ... this is the only way that things can become REASONABLE.
Campiagn is needed but messages to be charted carefully.
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Ramba,
"and the alien must have intended to undertake the employment, upon adjustment"
That is the line that is the big caveat in this question. You must demonstrate to the adjudicating officer(to his/her satisfaction) that you plan to go back to your petitioning employer once your green card is approved. Either that or you invoke the AC21 statute by fulfilling those requirements.
This answer was speaking to that point.
A withdrawn 140 is a bad news on either front. Especially when it happens with the future intent clause, then how can you say you and the employer still have intent. It won't fly with the adjudicator.
With the AC21, if the 180 days has passed then 140 withdrawal often still does lead to RFE and sometimes outright denial but the MTR and appeal process can be successful on the grounds of AC21 portability rules. There are people on this forum with such experiences. Try searching for it.
Once again, this is a delicate situation and the poster is best served with good legal counsel. We are all of course giving our best layman interpretations here.
"and the alien must have intended to undertake the employment, upon adjustment"
That is the line that is the big caveat in this question. You must demonstrate to the adjudicating officer(to his/her satisfaction) that you plan to go back to your petitioning employer once your green card is approved. Either that or you invoke the AC21 statute by fulfilling those requirements.
This answer was speaking to that point.
A withdrawn 140 is a bad news on either front. Especially when it happens with the future intent clause, then how can you say you and the employer still have intent. It won't fly with the adjudicator.
With the AC21, if the 180 days has passed then 140 withdrawal often still does lead to RFE and sometimes outright denial but the MTR and appeal process can be successful on the grounds of AC21 portability rules. There are people on this forum with such experiences. Try searching for it.
Once again, this is a delicate situation and the poster is best served with good legal counsel. We are all of course giving our best layman interpretations here.
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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!
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I've been following this Forum daily for more than
two years and never seen any achievement by Core group or
their lobbysts!
Why should I contribute this time?
Thanks
The question to ask is what should/can I do to help the core with this effort.
Not be a arm-chair critic. I know, you seem to be just frustrated, I am sure you are not questioning the core and their efforts. This is our year and we are going to be successfull this year. Nothing meaningfull can be achieved without struggle.
two years and never seen any achievement by Core group or
their lobbysts!
Why should I contribute this time?
Thanks
The question to ask is what should/can I do to help the core with this effort.
Not be a arm-chair critic. I know, you seem to be just frustrated, I am sure you are not questioning the core and their efforts. This is our year and we are going to be successfull this year. Nothing meaningfull can be achieved without struggle.
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Doesn't matter if it moves back or not, since the mass fiasco hysteria began at Jul 2007, due to which, I guess uscis may even think of moving dates in hours (if waz possible) if not days after 2005 Jan date now, wherein EB-I apps counts even if dates muved hours will be hundreds (/thousands?) ;-)
We should not forget d fact which came straight from the horse's mouth...
"Wait times will be years/decades for for EB-I". (no more fiasco's again since preadjudications are happening is bad news for folks who missed fiasco and can't get ead for next decade or so)
:p
We should not forget d fact which came straight from the horse's mouth...
"Wait times will be years/decades for for EB-I". (no more fiasco's again since preadjudications are happening is bad news for folks who missed fiasco and can't get ead for next decade or so)
:p
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Let's give them some time. It may be a topic that require some research, information-gathering. This is an entirely new strategy we are discussing, no surprise if they don't get back with an immediate answer. I'm sure they are analyzing the idea.
I am sure that the IV core has already explored this option. We need some kind of feedback from them.
===============
First they ignore you, then they laugh at you, then they fight you, then you win.
- Mohandas Gandhi
Slogan of the Linux community
I am sure that the IV core has already explored this option. We need some kind of feedback from them.
===============
First they ignore you, then they laugh at you, then they fight you, then you win.
- Mohandas Gandhi
Slogan of the Linux community
Folks,
lets put the "you said .. I said" aside and just evaluate the definition of "assigned" and "used" visa numbers.
- correct me if I am wrong but I think Ron implies - "some numbers are assigned but then not used. These numbers still show up as used in the data report (since they were assigned)".
We have established that there is no document to support this but can we find out if this assumption can be true?
lets put the "you said .. I said" aside and just evaluate the definition of "assigned" and "used" visa numbers.
- correct me if I am wrong but I think Ron implies - "some numbers are assigned but then not used. These numbers still show up as used in the data report (since they were assigned)".
We have established that there is no document to support this but can we find out if this assumption can be true?
Hi, Looks like you have a propabilities now.
1) If your H1 gets approved first before OCT'01st and your L1 does not approve, you should change to company B (who applied H1), if B applied your H1 with CHANGE OF STATUS (you will see new I-94 issued along with approval).
Good thing u can stay in country and work for B.
2) IF your H1 & L1 gets approved one after other in sequence, means first H1 then L1 then I think you are safe to work with company A without leaving country, Murthy.com says its the sequence that matters.
Check with Murthy.com attornies as well, but other Attorneys does not agree with them.It will be only problem when you apply GC, and not in mean while.
3)IF its L1 then H1,and if you want to work with company A, then you need to go out of country and get L1 stamped. Your H1 will remain avilable unless company B cancells it.
4) If your L1 gets approved and H1 gets problem(rejected I dont want this but if happens) then any how u can work for company A.
Hope the above things help.
Thanks
Vijay
1) If your H1 gets approved first before OCT'01st and your L1 does not approve, you should change to company B (who applied H1), if B applied your H1 with CHANGE OF STATUS (you will see new I-94 issued along with approval).
Good thing u can stay in country and work for B.
2) IF your H1 & L1 gets approved one after other in sequence, means first H1 then L1 then I think you are safe to work with company A without leaving country, Murthy.com says its the sequence that matters.
Check with Murthy.com attornies as well, but other Attorneys does not agree with them.It will be only problem when you apply GC, and not in mean while.
3)IF its L1 then H1,and if you want to work with company A, then you need to go out of country and get L1 stamped. Your H1 will remain avilable unless company B cancells it.
4) If your L1 gets approved and H1 gets problem(rejected I dont want this but if happens) then any how u can work for company A.
Hope the above things help.
Thanks
Vijay