Please Sir,
....
MC
Please do not force the Immigration lawyer to answer your question IV has left it to the lawyer to answer questions they want to. This is a free service for IV members. We are grateful to the lawyer for this help.
....
MC
Please do not force the Immigration lawyer to answer your question IV has left it to the lawyer to answer questions they want to. This is a free service for IV members. We are grateful to the lawyer for this help.
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I appreciate that, I dont want IV to be dragged into any unnecessary controversy ..
If they changed the law to have 300,000 visas but there is 400,000 people going for greencard; then there would still be retrogression. The unused visas from ROW would not get allocated quarterly but in the fourth quarter.
Out of those 400K ....200K happen to be India/China...
Today's projection for me EB3/India is 7-10 years to get GC....
with a higher number this would come doen to 2 years ( would it ???)..That is the whole game...EB3 India might not become current but at least EB3 ROW would be current and then the spillover would make EB3 India picture much better....
Also AC21 allows the spillover to happen quarterly rather than annully...not in the fourth quarter..( Please correct me if I am wrong..)
Reference
http://www.fourmilab.ch/uscode/8usc/www/t8-12-II-I-1152.html#_a_
Look at a(3)
(3) Exception if additional visas available
If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 1153 of this title for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.
Out of those 400K ....200K happen to be India/China...
Today's projection for me EB3/India is 7-10 years to get GC....
with a higher number this would come doen to 2 years ( would it ???)..That is the whole game...EB3 India might not become current but at least EB3 ROW would be current and then the spillover would make EB3 India picture much better....
Also AC21 allows the spillover to happen quarterly rather than annully...not in the fourth quarter..( Please correct me if I am wrong..)
Reference
http://www.fourmilab.ch/uscode/8usc/www/t8-12-II-I-1152.html#_a_
Look at a(3)
(3) Exception if additional visas available
If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 1153 of this title for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.
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hi All,
Can someone give me advice on this:
I have 4 yrs Bachelors + 6.5 yrs of IT exp. i am being offered a Pre- approved labor(EB3-PD-Nov.2003), which was filed for someone with a condition-Bachelors + 4 years exp., at the time of filing.
i graduated in June 2000, so i am about 1 year short for the 2003 PD. However i did some part time work during college in India and the lawyer says if i can get exp. letter from that company on a letter head, that should suffice.
i am concerned if that India exp. during graduation will work or not.
Has anyone faced a situation like this?
the (part time exp)company was very small, can this be risky? what do you guys think?
Thanks.
I am not sure if you cannot used experience gained before / during college. I think it all depends on the LC requirements. I know many people who used experience gained before gaining their degrees, and there were no issues. However, I do not know if their LCs specified "post-degree experience, or just experience." I would speak to another lawyer to see if he tells you the same story as your current lawyer. You could send this question to Susan Henner. She is the attorney giving us free advise. The the home page for information on how to send her a question.
Regards,
Can someone give me advice on this:
I have 4 yrs Bachelors + 6.5 yrs of IT exp. i am being offered a Pre- approved labor(EB3-PD-Nov.2003), which was filed for someone with a condition-Bachelors + 4 years exp., at the time of filing.
i graduated in June 2000, so i am about 1 year short for the 2003 PD. However i did some part time work during college in India and the lawyer says if i can get exp. letter from that company on a letter head, that should suffice.
i am concerned if that India exp. during graduation will work or not.
Has anyone faced a situation like this?
the (part time exp)company was very small, can this be risky? what do you guys think?
Thanks.
I am not sure if you cannot used experience gained before / during college. I think it all depends on the LC requirements. I know many people who used experience gained before gaining their degrees, and there were no issues. However, I do not know if their LCs specified "post-degree experience, or just experience." I would speak to another lawyer to see if he tells you the same story as your current lawyer. You could send this question to Susan Henner. She is the attorney giving us free advise. The the home page for information on how to send her a question.
Regards,
Left parties are the worst no doubt about that. Have you gone through the BJP manifesto, its IT vision document and also have you heard about Friends of BJP forums started by Indian businessmen. Yes, Advani runs his politics on religion and Ram temple. Do you think congress does not use religion? Do you hear the news that in Kerala congress has fielded candidates supported by church? Tomorrow if Sri Sri Ravi Shankar or Ramdev baba do the same thing with BJP, our media will shout from the roof top that this is communalism. Do you know Congress is allied with Muslim League in Kerala?
Snathan, all parties use the dirty tricks. Congress, BJP, Communists. But I will always support the party which builds Ram Temple rather than the party which destroys Ram Setu and even denies the existence of Ram.
Yes...We had them in power for five years. It was a joke. India was Shining and we had to wear sun glass.
I am not supporting the congress party. I am only supporting the MMS. To me, he is faaaaaaaaaaaaaaaaarr better than Mr.Advani or Mayavathi
Snathan, all parties use the dirty tricks. Congress, BJP, Communists. But I will always support the party which builds Ram Temple rather than the party which destroys Ram Setu and even denies the existence of Ram.
Yes...We had them in power for five years. It was a joke. India was Shining and we had to wear sun glass.
I am not supporting the congress party. I am only supporting the MMS. To me, he is faaaaaaaaaaaaaaaaarr better than Mr.Advani or Mayavathi
In the past 4+ years, the annual H1 queue is just 65K. So the input into the EB queue must have moderated quite a bit.
Another piece of information, supporting your argument. This is posted on immigration-law.com today:
The DOL has yet to release its 3rd Quarter Performance report ending at the end of June 2008, but the second quarter report indicates that the foreign labor certification applications continuously dropped from the same period in FY 2007 including permanent as well as temporary labor certification applications. PERM applications dropped 46% from the statistics of the second quarter of FY 2007. The report indicates that despite increased audits (over 45%) and related work, the processing times remain steady. Obviously, it must have been affected more by decreased number of new applications than any drastic improvement in processing times in each application. In fact, from the perspectives of each PERM application, the processing times have witnessed a substantial delay over the last one year. The delay which was associated with the massive audit and related activities could have been offset by the substantial drop in the PERM applications in the overall statistical figure in the report. The DOL report did not report the details of the causes for continuing decrease in PERM applications, but this should be taken as an alert to the U.S. businesses as an indication of reduced incentives for the needed foreign workers to remain in the U.S. and potential reduced availability of the talented foreign workers to support the U.S. businesses' competition in the world. Considering the fact that the supply and demand of resources at the international level are not something which can be rebalanced over a night or a short period of time, the political leaders should start paying attention to the urgency of the reform in the employment-based immigration system before it gets too late.
Another piece of information, supporting your argument. This is posted on immigration-law.com today:
The DOL has yet to release its 3rd Quarter Performance report ending at the end of June 2008, but the second quarter report indicates that the foreign labor certification applications continuously dropped from the same period in FY 2007 including permanent as well as temporary labor certification applications. PERM applications dropped 46% from the statistics of the second quarter of FY 2007. The report indicates that despite increased audits (over 45%) and related work, the processing times remain steady. Obviously, it must have been affected more by decreased number of new applications than any drastic improvement in processing times in each application. In fact, from the perspectives of each PERM application, the processing times have witnessed a substantial delay over the last one year. The delay which was associated with the massive audit and related activities could have been offset by the substantial drop in the PERM applications in the overall statistical figure in the report. The DOL report did not report the details of the causes for continuing decrease in PERM applications, but this should be taken as an alert to the U.S. businesses as an indication of reduced incentives for the needed foreign workers to remain in the U.S. and potential reduced availability of the talented foreign workers to support the U.S. businesses' competition in the world. Considering the fact that the supply and demand of resources at the international level are not something which can be rebalanced over a night or a short period of time, the political leaders should start paying attention to the urgency of the reform in the employment-based immigration system before it gets too late.
I was an 'IBO' in the past. did the business for 2 years and quit. so, i am one of those "quitters" as called by up-lines and one of the many reasons why the average yearly income is only $115/year :)
you people are fighting for two totally different reasons
(1) is Amway business illegal for H1Bs? and is Amway business model a ponzi scheme ? been with this business, I can still stand behind the business model - its fair and simple. you just buy from one manufacturer and advertise that to others. if you notice, they are actually advertising Amway Global on national TV. Are the products worth the money you pay is a different subject. can H1Bs do this, i hear yes/no from various sources and that is a separate subject too. this thread is about the bitter experiences and not the business model itself.
(2) Now came BWW (for those of you don't know this term, this is the reason for all your heartaches / broken friendships and bitter experiences).
how do you advertise your product/site ?????
when i joined the business, I have atleast 10 very good friends. I talked to all of them and asked them to understand the business model, and not worry about the advertising part. I took all of them to major conferences (they couldn't say no to me out of friendship and curiosity on what i saw in it despite horror stories) but no one was keen at that time. so, i told them to come and see me when they have some free time and are thinking about making money part-time. no hurry. thats it. no clashes between friends or bad blood. no means no. they are your friends and they will come to you when they are looking. NO HURRY.. thats me.
this is the point where problems start. BWW talks and teaches about doing it NOW. they want us to go through as many people as possible and believe in numbers game. if you show the plan to 100 people, 1 active IBO will join. so, show the plan 3 times a week at-least. that's the motto. when they asked me to go for cold contacting i refused out-right. how can i convince a total stranger when my close friends who believe in me couldn't see it.
most of you are crying foul of people "cold" contacting you with fake smile/friendship while they want you to join the business. but everything has to do with BWW and their methods/CDs/meetings etc. its like a competition. the sooner you grow, they grow. so, they want you to grow as fast as possible. if you have to loose your friends/relatives on the way - your up-lines don't care. they say they are your friends/family. how can that be true ??
to Kushal: I wish you luck with your business. but you have some temper my friend. who are you fighting with ?? folks on an online forum ?? you should know better than to throw stones at someone who doesn't have a name. what are you thinking.. you think you can convince everyone here to believe Amway/quixstar is good ???? seriously ?? only if convincing is that easy ;p
to rest of the team: I know you don't approve the advertising part by randomly meeting people. I didn't do it either and extensive damage is done. people run away from Amway/quixstar like plague because some people want to get rich quick and asked their down-lines to spread the word as fast as they can. "run through people". find 1 person willing to work at the expense of 99 people getting offended by you. word of mouth advertising works both ways. bad publicity spreads faster :)
all I am saying is: people advertised Amway really bad. people hate amway but they should really be mad at BWW and their strategies. it is unfortunate that no one really knows or interested to know what Amway model really is. all they can think of is about horrible experiences of cold contacting and repeated chasing.
again, i am not with this business now but still think its a good model. it is based on word of mouth advertising, franchising, residual income - everything e-commerce (which is a subject taught at some universities). now add some short sighted people to do the teaching and BINGO.. screwed it up big time.
you people are fighting for two totally different reasons
(1) is Amway business illegal for H1Bs? and is Amway business model a ponzi scheme ? been with this business, I can still stand behind the business model - its fair and simple. you just buy from one manufacturer and advertise that to others. if you notice, they are actually advertising Amway Global on national TV. Are the products worth the money you pay is a different subject. can H1Bs do this, i hear yes/no from various sources and that is a separate subject too. this thread is about the bitter experiences and not the business model itself.
(2) Now came BWW (for those of you don't know this term, this is the reason for all your heartaches / broken friendships and bitter experiences).
how do you advertise your product/site ?????
when i joined the business, I have atleast 10 very good friends. I talked to all of them and asked them to understand the business model, and not worry about the advertising part. I took all of them to major conferences (they couldn't say no to me out of friendship and curiosity on what i saw in it despite horror stories) but no one was keen at that time. so, i told them to come and see me when they have some free time and are thinking about making money part-time. no hurry. thats it. no clashes between friends or bad blood. no means no. they are your friends and they will come to you when they are looking. NO HURRY.. thats me.
this is the point where problems start. BWW talks and teaches about doing it NOW. they want us to go through as many people as possible and believe in numbers game. if you show the plan to 100 people, 1 active IBO will join. so, show the plan 3 times a week at-least. that's the motto. when they asked me to go for cold contacting i refused out-right. how can i convince a total stranger when my close friends who believe in me couldn't see it.
most of you are crying foul of people "cold" contacting you with fake smile/friendship while they want you to join the business. but everything has to do with BWW and their methods/CDs/meetings etc. its like a competition. the sooner you grow, they grow. so, they want you to grow as fast as possible. if you have to loose your friends/relatives on the way - your up-lines don't care. they say they are your friends/family. how can that be true ??
to Kushal: I wish you luck with your business. but you have some temper my friend. who are you fighting with ?? folks on an online forum ?? you should know better than to throw stones at someone who doesn't have a name. what are you thinking.. you think you can convince everyone here to believe Amway/quixstar is good ???? seriously ?? only if convincing is that easy ;p
to rest of the team: I know you don't approve the advertising part by randomly meeting people. I didn't do it either and extensive damage is done. people run away from Amway/quixstar like plague because some people want to get rich quick and asked their down-lines to spread the word as fast as they can. "run through people". find 1 person willing to work at the expense of 99 people getting offended by you. word of mouth advertising works both ways. bad publicity spreads faster :)
all I am saying is: people advertised Amway really bad. people hate amway but they should really be mad at BWW and their strategies. it is unfortunate that no one really knows or interested to know what Amway model really is. all they can think of is about horrible experiences of cold contacting and repeated chasing.
again, i am not with this business now but still think its a good model. it is based on word of mouth advertising, franchising, residual income - everything e-commerce (which is a subject taught at some universities). now add some short sighted people to do the teaching and BINGO.. screwed it up big time.
2010 Model: Nissan Altima Hybrid
OK, sorry then. I missed that. ;)
Yes, Lasantha.. you are right. But that was one of mbartosik's points when he/she was comparing cost/benefit.
Yes, Lasantha.. you are right. But that was one of mbartosik's points when he/she was comparing cost/benefit.
Pardon my ignorance, how does labor substitution work and what is FIFO?
There is no FIFO (first in first out) with respect to backlog processing . It may be LIFO.
There is no FIFO (first in first out) with respect to backlog processing . It may be LIFO.
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Buddy , people do win lawsuits , against the governments.
I am not saying sue them , and get greencards .
Lawsuit, may be possible againstcountry quota.
Lawsuit, may be possible to recapture the wasted immigrant visas. The Law states the limit , for a year. It doesnt say that it expires on the last day of the year.If USCIS couldnt use that in a year , it should use it the next year.
Paying medicare/ss taxes, and not getting them, is also wrong, These are not Income Taxes, we are paying for some services, which we would never get.(Just like unemployment insurance)
You may have a point there...
I am not saying sue them , and get greencards .
Lawsuit, may be possible againstcountry quota.
Lawsuit, may be possible to recapture the wasted immigrant visas. The Law states the limit , for a year. It doesnt say that it expires on the last day of the year.If USCIS couldnt use that in a year , it should use it the next year.
Paying medicare/ss taxes, and not getting them, is also wrong, These are not Income Taxes, we are paying for some services, which we would never get.(Just like unemployment insurance)
You may have a point there...
http://www.shusterman.com/pdf/aila-cis-vb.pdf
Karthik
Karthik
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well if you feel offended, i am ready to offer my apologies. are you ready to take back your baseless accusations-that got me started up in the first place.
BTW, i dont even know what IV is??
BTW, i dont even know what IV is??
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:D:D:D How do you expect them to give you a gori too?
You start looking for singles working @ uscis ;)
why not ask for citizenship if we buy 2 houses?. I will even buy that toxic debt from banks, if i get citizenship and a gori.
You start looking for singles working @ uscis ;)
why not ask for citizenship if we buy 2 houses?. I will even buy that toxic debt from banks, if i get citizenship and a gori.
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I went through www.canadavisa.com . they are good
BTW, Jobs in Canada requires local licenses etc. So you better checkout.
But once you weather through those stomrs, Canada is one of the best places in terms of oppurtunities and quality of life ( except cold weather):)
BTW, Jobs in Canada requires local licenses etc. So you better checkout.
But once you weather through those stomrs, Canada is one of the best places in terms of oppurtunities and quality of life ( except cold weather):)
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Can't you understand the meaning of fair shot and equality ? Let people apply in FIFO . Don't tell me what US wants ? No one has a clear idea of it.and suddenly people like you for your personal interests have started opposing IV's skill based initiative because your dates moved a little ahead and supporting existing discriminatory laws. What will happen when they retrogress again to 1999 next month ? What will be your stand then? Did you come to IV rally ? Probably not because you think of your personal interest and have nothing to do with the big picture.
No. I can't understand fairshot and equality when major bodyshops from a certain nationality flood the market here with people from that certain nationality, u keep ignoring that and coming back to the stupid suggestion that it's only because u have more talent
suit urself, anyone who argues with you reasonably, tell them they are wrong and make assumptions about their motives and insult and alienate more members of your organization
good luck
No. I can't understand fairshot and equality when major bodyshops from a certain nationality flood the market here with people from that certain nationality, u keep ignoring that and coming back to the stupid suggestion that it's only because u have more talent
suit urself, anyone who argues with you reasonably, tell them they are wrong and make assumptions about their motives and insult and alienate more members of your organization
good luck
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It does not violate the constitution so we better of concentrating on other issues. The country has a right to regulate foreign relationships as it sees fit. It does not have to treat all countries equally. Some countries are eligible for DV lottery, some not. Also, per-country limits for employment-based visas apply to those who are in the US and to those who are not.
We have to push Congress for changes, not courts. Some laws can and should be challenged, but this is not the case.
We have to push Congress for changes, not courts. Some laws can and should be challenged, but this is not the case.
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ok u guys have forced me to pose the same question to my HR/Attorney...awaiting response.
Attorney has said taht they are looking at this information, and wil get back to us soon!!!..Looks like it is a cause of concern...This sucks.!!!
Attorney has said taht they are looking at this information, and wil get back to us soon!!!..Looks like it is a cause of concern...This sucks.!!!
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Just for every one to know, if you are Singhalese 40% is good for your start College, if not, you need 80% to continue for college.
Do you mean if a SL Tamil minority person who can speak and write in Sinhala, he still needs 40%? Is it possible to provide adequate proof that discriminates SL Tamils if they can use Sinhala medium?
Do you mean if a SL Tamil minority person who can speak and write in Sinhala, he still needs 40%? Is it possible to provide adequate proof that discriminates SL Tamils if they can use Sinhala medium?
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Will it be possible to get emergency legislation to capture unused EB numbers for the past several years????
Is it possible to escape the radars of the likes of Durbin & Sanders?
No, it will not be possible to escape the radars of Durbin, Grassley or Sanders. The key is to get support from people like Kennedy. I know it is very difficult because kennedy is very pissed off with the failure of CIR. Kennedy will only consider this, if this really becomes a full blown issue beyond a certain magnitude. Then we have people like Hagel, Lieberman, Cornyn, cantwell who supported bigger amendments than this. It is a matter of making this a bigger/biggest issue related with USCIS and immigration.
Is it possible to escape the radars of the likes of Durbin & Sanders?
No, it will not be possible to escape the radars of Durbin, Grassley or Sanders. The key is to get support from people like Kennedy. I know it is very difficult because kennedy is very pissed off with the failure of CIR. Kennedy will only consider this, if this really becomes a full blown issue beyond a certain magnitude. Then we have people like Hagel, Lieberman, Cornyn, cantwell who supported bigger amendments than this. It is a matter of making this a bigger/biggest issue related with USCIS and immigration.
Spill will be around 30k for Eb2 and that will clear till mid 2006. by Sep 2010. In Sep 2011 you should be able to file for 485.
there is no law that says to move date to accept new applications. If DOS makes date current and people have all data visible now will take USCIS to court for not approving cases. What I have learnt that USCIS is considering publishing rule ( Via Rule making process ) in dec 2009 to halt concurrent filling for I 140 and 485 and give chance to pre register for 485. so in Spiring of 2010 we may be able to pre file 485. which may / may not give benefit of AC 21 . EAD is always admin job so they can give out EAD and AP along with pre filling.
I believe that pre-registering for 485 and being able to file for EAD and AP is itself a great step forward for us. How concrete is this news / information.
there is no law that says to move date to accept new applications. If DOS makes date current and people have all data visible now will take USCIS to court for not approving cases. What I have learnt that USCIS is considering publishing rule ( Via Rule making process ) in dec 2009 to halt concurrent filling for I 140 and 485 and give chance to pre register for 485. so in Spiring of 2010 we may be able to pre file 485. which may / may not give benefit of AC 21 . EAD is always admin job so they can give out EAD and AP along with pre filling.
I believe that pre-registering for 485 and being able to file for EAD and AP is itself a great step forward for us. How concrete is this news / information.
My point is Indians do not have the balls to do it. Forget americans....they can not even touch an indian MP. Every day lots common people going through this security check. Whats so special about SRK. He is king only in his mind/heart. For lot of people he is crap. No special treatment. Whats the big deal if he is detained for 1 hr. The world is not going to end
Maybe Indians don't have balls, but there is something called cultural exchange which every country share with each another. Now if SRK decides that US immigration has mistreated him and he decides not to enter US, world is not going to fall down. Recently I heard that HOLLYWOOD wants to come BOLLYWOOD to make investments, maybe out of bussiness sense HOLLYWOOD should support SRK. Big B recently refused doctorate from Aussie unversity in support of Indian students mistreated in Australia. Maybe Indians don't have balls but they have brains.
Maybe Indians don't have balls, but there is something called cultural exchange which every country share with each another. Now if SRK decides that US immigration has mistreated him and he decides not to enter US, world is not going to fall down. Recently I heard that HOLLYWOOD wants to come BOLLYWOOD to make investments, maybe out of bussiness sense HOLLYWOOD should support SRK. Big B recently refused doctorate from Aussie unversity in support of Indian students mistreated in Australia. Maybe Indians don't have balls but they have brains.
