when there were no dates in VISA BULLETIN for EB2 and EB3, how the people filed 485 in the year 2008 and 2009 under EB3 and EB2 as well?
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The only missing information to give an almost 90% accurate prediction of the visa bulletin movement are
1. Will DOS do spillover every quarter or only once every year?
2. What would be the number of eb2 and eb1 visa demand from ROW?
the answer to question 2 can be obtained by getting the number of pending PERM Eb2 petitions with DOL, if we get the answer to question 1 from DOS then we can predict the visa bulletin with almost 90% + accuracy.
I don’t think DOS will do a quarter spillover. If DOS does not do a quarter spillover then it will disastrous for EB2 India because there will be a either a repeat of August 2008 visa bulletin where they might move the visa bulletin up to 2006 or 2007 and basically they will give a visa to whoever irrespective of PD which means people with 2004 and 2005 might get left behind again while people from 2007 and 2007 might get GC or an even more disastrous situation might be that if DOL releases a ton of pending EB2 ROW perm applications they have been holding up for over an year in June-July-august 2010 time then DOS might not do a spillover at all for Eb2 India.
The key difference compared to last year is Pre-Adjudication and improved communication between DOS and USCIS.
If not all, Recent spate of approvals for EB 2 - I (based on spill over) - in first few weeks of September 2009 is itself a proof of their improved service (& Pre-Adjudication)
Most likely spill over should happen Quarterly. If not I agree with you - they can make everyone current in the last Quarter and approve irrespective of Priority Date. But its least likely to happen this year. But you never know about USCIS.
1. Will DOS do spillover every quarter or only once every year?
2. What would be the number of eb2 and eb1 visa demand from ROW?
the answer to question 2 can be obtained by getting the number of pending PERM Eb2 petitions with DOL, if we get the answer to question 1 from DOS then we can predict the visa bulletin with almost 90% + accuracy.
I don’t think DOS will do a quarter spillover. If DOS does not do a quarter spillover then it will disastrous for EB2 India because there will be a either a repeat of August 2008 visa bulletin where they might move the visa bulletin up to 2006 or 2007 and basically they will give a visa to whoever irrespective of PD which means people with 2004 and 2005 might get left behind again while people from 2007 and 2007 might get GC or an even more disastrous situation might be that if DOL releases a ton of pending EB2 ROW perm applications they have been holding up for over an year in June-July-august 2010 time then DOS might not do a spillover at all for Eb2 India.
The key difference compared to last year is Pre-Adjudication and improved communication between DOS and USCIS.
If not all, Recent spate of approvals for EB 2 - I (based on spill over) - in first few weeks of September 2009 is itself a proof of their improved service (& Pre-Adjudication)
Most likely spill over should happen Quarterly. If not I agree with you - they can make everyone current in the last Quarter and approve irrespective of Priority Date. But its least likely to happen this year. But you never know about USCIS.
Difference between Job shops and reputed Companies
Indian body shoppers employ a H1b Persons and many of them are in hourly. No project then no pay. Also because of H1b and GC employer has complete control over the employees about pay and other benefits. No pay in bench is violation of law and both employee and employer are willingly accept that. Because of that employer and employee does not have any risk and employer always make huge profits without exposure of any risk. Employee also does not have any risk of losing GC process. So our body shoppers are attractive destination for GC aspirants.
The companies which follow rules are forced to pay bench or lay off. So both employee and employer are risk of survival. Companies may be under risk of heavy loss when there are too many people are in bench. That means companies which follow rules and regulations are making loss in tough times at the same time Body shops always make money and worst case scenario no loss no gain. Also GC process is uncertain for those who are working in good companies
This inequality was known by everyone including USCIS. So they are coming up with regulations. Some good apples will also be impacted when there is a rule is formed. There is no surprise of opposition as many Indians fear that it may impact them
Very Well said, many good apples will be impacted along with their families virtually thrown under the bus/bulldozer.
Indian body shoppers employ a H1b Persons and many of them are in hourly. No project then no pay. Also because of H1b and GC employer has complete control over the employees about pay and other benefits. No pay in bench is violation of law and both employee and employer are willingly accept that. Because of that employer and employee does not have any risk and employer always make huge profits without exposure of any risk. Employee also does not have any risk of losing GC process. So our body shoppers are attractive destination for GC aspirants.
The companies which follow rules are forced to pay bench or lay off. So both employee and employer are risk of survival. Companies may be under risk of heavy loss when there are too many people are in bench. That means companies which follow rules and regulations are making loss in tough times at the same time Body shops always make money and worst case scenario no loss no gain. Also GC process is uncertain for those who are working in good companies
This inequality was known by everyone including USCIS. So they are coming up with regulations. Some good apples will also be impacted when there is a rule is formed. There is no surprise of opposition as many Indians fear that it may impact them
Very Well said, many good apples will be impacted along with their families virtually thrown under the bus/bulldozer.
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HI can some body answer if we can apply for canadian PR with H1 B valid for less than 1 year.
For canadian citizenship you have to be in canada for 2 yr(physicaly) and after 3 yr after stamping
HI can some body answer if we can apply for canadian PR with H1 B valid for less than 1 year.
You can apply anytime for Canadian PR. It has nothing to do with H1 or any other US Visa or status.
For canadian citizenship you have to be in canada for 2 yr(physicaly) and after 3 yr after stamping
You have to live two years in Canada in order to get your Canadian
Citizenship.
For canadian citizenship you have to be in canada for 2 yr(physicaly) and after 3 yr after stamping
HI can some body answer if we can apply for canadian PR with H1 B valid for less than 1 year.
You can apply anytime for Canadian PR. It has nothing to do with H1 or any other US Visa or status.
For canadian citizenship you have to be in canada for 2 yr(physicaly) and after 3 yr after stamping
You have to live two years in Canada in order to get your Canadian
Citizenship.
Best wishes to you and sorry to hear this. I thought everyone was entitled to SSN after 10 years of work in the US.
Do you need to have a green card before you qualifiy to get your SSN back?
Better get it cleared. As far as I know, if you have earned 40 quarters (worked in the US for 10 yrs), you are entitled to get SSA at your retirement irrespective of your status. There are some exceptions, but for India/China citizens living in their home countries, they will get it. Of course, 25% non-resident tax will be cut at source.
Do you need to have a green card before you qualifiy to get your SSN back?
Better get it cleared. As far as I know, if you have earned 40 quarters (worked in the US for 10 yrs), you are entitled to get SSA at your retirement irrespective of your status. There are some exceptions, but for India/China citizens living in their home countries, they will get it. Of course, 25% non-resident tax will be cut at source.
Long 19 page memo - but loud and clear for many scenarios -
http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf
This memo is an eye opener especially for folks on consulting company assignments and those who are self-sponsored or who want to do their own business. Finding a new H1 sponsor would be extremely difficult as well (AC21 folks beware).
Now getting a new H1 or a transfer or a renewal, may be subject to very stringent scrutiny.
This memo has the potential to throw a lot of small boutique Consulting companies out of business and along with it many of their employees - whether they use H1 or not.
Wish the best for all affected folks.
Pray and hope the GC dream is realized faster for all.
Best Wishes
Regards
http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf
This memo is an eye opener especially for folks on consulting company assignments and those who are self-sponsored or who want to do their own business. Finding a new H1 sponsor would be extremely difficult as well (AC21 folks beware).
Now getting a new H1 or a transfer or a renewal, may be subject to very stringent scrutiny.
This memo has the potential to throw a lot of small boutique Consulting companies out of business and along with it many of their employees - whether they use H1 or not.
Wish the best for all affected folks.
Pray and hope the GC dream is realized faster for all.
Best Wishes
Regards
Good luck buddy. Well said.
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Devil's advocate - Immi_enthu
Yes, you are right you will have good life but not in Florida may be in Guantanamo Bay detention camp becasue you are on H1 and doing Amway which is illegal. USCIS is going to check your name in Amway database before giving you Green Card and then detain you. It will be good life for you becasue you will get free food (you do not have to earn) and view of Guantanmo Bay with cuban cigar..wht else can you expect ...I envy your life
We guys (non-amway) will be slogging for bread and butter but we like our freedom and travel to Hawaii in economy class and stay at Motel 6.
your response?
we dont need to work after 40 we will move to Florida with all the money we make , stop stalking people , stop working just enjoy everyday on the beach and big mansion bought from the savings from the regular job and live off of free $xxxx/month earnings we make out of Amway/Quixtar . Where as you guys will be slogging in 40's and 50's
Yes, you are right you will have good life but not in Florida may be in Guantanamo Bay detention camp becasue you are on H1 and doing Amway which is illegal. USCIS is going to check your name in Amway database before giving you Green Card and then detain you. It will be good life for you becasue you will get free food (you do not have to earn) and view of Guantanmo Bay with cuban cigar..wht else can you expect ...I envy your life
We guys (non-amway) will be slogging for bread and butter but we like our freedom and travel to Hawaii in economy class and stay at Motel 6.
your response?
we dont need to work after 40 we will move to Florida with all the money we make , stop stalking people , stop working just enjoy everyday on the beach and big mansion bought from the savings from the regular job and live off of free $xxxx/month earnings we make out of Amway/Quixtar . Where as you guys will be slogging in 40's and 50's
Correct! And it is not even a "Civil War". It is really a war ti erradicate terrorism from Sri Lankan soil. The term Civil War refers to a war between people in a country. The SL government is not waging a war against it's Tamil citizens but against a terrorist group.
my bad, what i meant was war. Jerrome that reports is one sided, bias and is opinionated.
my bad, what i meant was war. Jerrome that reports is one sided, bias and is opinionated.
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Here are media contacts:
60m@cbsnews.com
HDNet: Dan Rather reports
mcuban@hd.net, wnelson@hd.net
nytnews@nytimes.com,
news-tips@nytimes.com,
washington@nytimes.com
AmericasNewsroom@foxnews.com ; satya.prakash@hindustantimes.com ; pmagazine@hindustantimes.com ; aditya.ghosh@hindustantimes.com ; Fatherjonathan@foxnews.com ;
Drmanny@foxnews.com ;
Lisonlaw2@foxnews.com ;
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Bigstory-weekend@foxnews.com ; Bigstoryweekend@foxnews.com ;
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Colonelscorner@foxnews.com ;
Housecall@foxnews.com ;
Hannity@foxnews.com ;
Colmes@foxnews.com
60m@cbsnews.com
HDNet: Dan Rather reports
mcuban@hd.net, wnelson@hd.net
nytnews@nytimes.com,
news-tips@nytimes.com,
washington@nytimes.com
AmericasNewsroom@foxnews.com ; satya.prakash@hindustantimes.com ; pmagazine@hindustantimes.com ; aditya.ghosh@hindustantimes.com ; Fatherjonathan@foxnews.com ;
Drmanny@foxnews.com ;
Lisonlaw2@foxnews.com ;
YourComments@foxnews.com ;
Beltway@foxnews.com ;
Myword@foxnews.com ;
Bigstory-weekend@foxnews.com ; Bigstoryweekend@foxnews.com ;
Bullsandbears@foxnews.com ;
Cash@foxnews.com ;
Cavuto@foxnews.com ;
Fncimag@foxnews.com ;
Forbes@foxnews.com ;
Friends@foxnews.com ;
Feedback@foxnews.com ;
Jamie@foxnews.com ;
Fncspecials@foxnews.com ;
FNS@foxnews.com ;
Newswatch@foxnews.com ;
Foxreport@foxnews.com ;
Atlarge@foxnews.com ;
Heartland@foxnews.com ;
JER@foxnews.com ;
Lineup@foxnews.com ;
Ontherecord@foxnews.com ;
Oreilly@foxnews.com ;
Redeye@foxnews.com ;
Special@foxnews.com ;
Studiob@foxnews.com ;
Hemmer@foxnews.com ;
Colonelscorner@foxnews.com ;
Housecall@foxnews.com ;
Hannity@foxnews.com ;
Colmes@foxnews.com
I got the below numbers from the PERM FDLC site for the applications filed in 2005 and approved in different years of 2005,6,7,8
2005 India 1353 (filed in 2005 and approved in 2005)
2006 India 3888 (filed in 2005 and approved in 2006)
2007 India 60 (filed in 2005 and approved in 2007)
2008 India 10 (filed in 2005 and approved in 2008)
Total 5311
5311 for both EB1-5 : So taking 50% for EB2I - 2655
GC : 2655*2.5 = 6637 ~ 6500 (considering lucky 2008 Aug-Sep approvals, 2009 Sept)
These are the right numbers for the 2005. Thanks for tempgc for doing this. And the corresponding numbers 3888, 60, 10 have to be deducted against from the years 2006, 2007 and 2008 respectively.
2005 India 1353 (filed in 2005 and approved in 2005)
2006 India 3888 (filed in 2005 and approved in 2006)
2007 India 60 (filed in 2005 and approved in 2007)
2008 India 10 (filed in 2005 and approved in 2008)
Total 5311
5311 for both EB1-5 : So taking 50% for EB2I - 2655
GC : 2655*2.5 = 6637 ~ 6500 (considering lucky 2008 Aug-Sep approvals, 2009 Sept)
These are the right numbers for the 2005. Thanks for tempgc for doing this. And the corresponding numbers 3888, 60, 10 have to be deducted against from the years 2006, 2007 and 2008 respectively.
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I have been to just one of their meetings in bay area and found it to be a bit childish and full of fake people, people trying hard to portray themselve to be your best friend when in reality they are not
house Ah Emma Stone, you are just
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Remove 'Bahenji' ? If LK Advani or Manmohan Singh don't get enough seats we may see Behanji at the Helm...She looks to win most number of seats in the 3rd front, which makes her the front runner for PM candidate in the 3rd front. If 3rd front gets a good number of seats they may get support of opportunist parties like BJD who are not telling who they stand with. remove Atalaji...add Bahenji.
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Please stop this unnecessary useless discussion here. And I am not "_truefacts". Folks, just like how u do IT or medicine, for politicians - politics is a career. They do whatever they can to be in power and in developing countries like India where unfortunately, corrpution still exists. Corrpution exists everywhere in different forms. Don't we all pay for EAD and AP every year because our country is retrogressed? Don't we all pay for MTR when we do everything based on law?
One has to accpept the reality and live with it and try to bring about the change within one's parameters.
People can argue just for the sake of arguements - but the reality is that we are all in it together. If there is an issue that affects all of us, it affects all of us - period. We can argue and counter argue but unless we all get on the same page and understand that there needs to be a solution rather than trask talk, things are not going to change for us.
Lets concentrate on what we are in this organization for.
One has to accpept the reality and live with it and try to bring about the change within one's parameters.
People can argue just for the sake of arguements - but the reality is that we are all in it together. If there is an issue that affects all of us, it affects all of us - period. We can argue and counter argue but unless we all get on the same page and understand that there needs to be a solution rather than trask talk, things are not going to change for us.
Lets concentrate on what we are in this organization for.
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I am following this discussion and it is interesting. Here is what I get so far.
USCIS is not allotting excess visa number horizontally. Unused visas from Eb1 and EB2 are not going to over subscribed countries but to EB3 ROW. The "total" visas in the law can be read as total visa across all categories. If this is true then it is likely that untill EB3 ROW becomes current, India and China will only get 7%. But here is what I do not get.
1) From november 2005 bulletin, USCIS is saying that they are going to suspend AC21. Why did they decide to suspend ac21? Can they decide on their own when they are going to apply to AC21 and when they are not? Is AC21 not a law?
2) Why or how did USCIS allocate large number of visas to over subscribed countries India and China before? Like in the November bulletin, USCIS says india used up around 44000 visas. Were they allocating more visas by following AC21? If yes, then why did they decide to suspend AC21? If no, then how they allocated so many numbers?
I am trying to understand the how the USCIS decides to allocate visa numbers. And it is very complex.
Another thing that is hard to understand is that if EB3 ROW is getting all the unused visas, how did EB2 move forward two years in 2006? It was moving 6 months at a time till May-06. Did USCIS change the way they interpret the law in May-06? That would be weird, they should have done it when they declared in Nov-05 bulletin that AC21 provisions are not expected to apply.
It is possible that USCIS is allocating unused EB2 visas to EB2 India and China after all, and it is not moving forward only because of backlogged EB2 Labors getting approved. We will know for sure in a few months. There are still several 2001 EB2 Non-RIR cases in the backlog as per
http://www..com/usa-immigration-trackers/dallas-backlog-tracker/
USCIS is not allotting excess visa number horizontally. Unused visas from Eb1 and EB2 are not going to over subscribed countries but to EB3 ROW. The "total" visas in the law can be read as total visa across all categories. If this is true then it is likely that untill EB3 ROW becomes current, India and China will only get 7%. But here is what I do not get.
1) From november 2005 bulletin, USCIS is saying that they are going to suspend AC21. Why did they decide to suspend ac21? Can they decide on their own when they are going to apply to AC21 and when they are not? Is AC21 not a law?
2) Why or how did USCIS allocate large number of visas to over subscribed countries India and China before? Like in the November bulletin, USCIS says india used up around 44000 visas. Were they allocating more visas by following AC21? If yes, then why did they decide to suspend AC21? If no, then how they allocated so many numbers?
I am trying to understand the how the USCIS decides to allocate visa numbers. And it is very complex.
Another thing that is hard to understand is that if EB3 ROW is getting all the unused visas, how did EB2 move forward two years in 2006? It was moving 6 months at a time till May-06. Did USCIS change the way they interpret the law in May-06? That would be weird, they should have done it when they declared in Nov-05 bulletin that AC21 provisions are not expected to apply.
It is possible that USCIS is allocating unused EB2 visas to EB2 India and China after all, and it is not moving forward only because of backlogged EB2 Labors getting approved. We will know for sure in a few months. There are still several 2001 EB2 Non-RIR cases in the backlog as per
http://www..com/usa-immigration-trackers/dallas-backlog-tracker/
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How else is a consulting company supposed to work - if they do not send their consultants to client site? Consulting is not always a one month affair - all IT organizations need long term consulting on permanent basis from subject matter experts. Again I know for sure that this is a misguided memo from some folks in USCIS who has no practical understanding of the complexity of modern IT organizations.
I am posting this again because I want the discussion to focus back on what is really important and not soothe someone's personal ego.
I am posting this again because I want the discussion to focus back on what is really important and not soothe someone's personal ego.
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Dear Lawyer,
I have applied for my renewal of EAD. Please let me know if I have answered the following correct and if there is anything I can do to rectify if you think these are not the right answers. Thanks in advance for your help,
For question 14, Manner of last entry: " Paroled (AOS) " because that is what will be stamped in my passport and I94 after my entry into US.
For question 15, Current Immigration status: " H1B Worker " because my H1B is valid till 2010 and I never used my EAD or received my green card.
I have applied for my renewal of EAD. Please let me know if I have answered the following correct and if there is anything I can do to rectify if you think these are not the right answers. Thanks in advance for your help,
For question 14, Manner of last entry: " Paroled (AOS) " because that is what will be stamped in my passport and I94 after my entry into US.
For question 15, Current Immigration status: " H1B Worker " because my H1B is valid till 2010 and I never used my EAD or received my green card.
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I have done a lot of research on this :::
A good option is if you try and get a job in Detroit, MI. You can then live across the border in Windsor, ON and commute daily between Canada and US.Windsor is basically suburb of Detroit right across from Detroit river ex like Mumbai and Navi Mumbai, Hyderabad and Secundrabad etc.
This way you get best of both worlds
1) You keep H1B visa and US GC going.
2) You earn in US $ and can avail of US job opportunity.
3) You can earn time towards maintaining Canadian PR and Canadian Citizenship.
Disadvantage
1) This option is limited to getting a job/transfer in Detroit Metro area.
2) Some days there may be delay at border if US is on high alert, so you need to be conservative and add time for border inspection to your commute.
3) You have to file taxes in both US and Canada (but its not double taxes).
A good option is if you try and get a job in Detroit, MI. You can then live across the border in Windsor, ON and commute daily between Canada and US.Windsor is basically suburb of Detroit right across from Detroit river ex like Mumbai and Navi Mumbai, Hyderabad and Secundrabad etc.
This way you get best of both worlds
1) You keep H1B visa and US GC going.
2) You earn in US $ and can avail of US job opportunity.
3) You can earn time towards maintaining Canadian PR and Canadian Citizenship.
Disadvantage
1) This option is limited to getting a job/transfer in Detroit Metro area.
2) Some days there may be delay at border if US is on high alert, so you need to be conservative and add time for border inspection to your commute.
3) You have to file taxes in both US and Canada (but its not double taxes).
why doesn't anyone in iv core get it dammit..... this is crystal clear..... what more do u want...... now get mov'in & get green cards for all of us by next week..... :rolleyes:
why doesn't anyone in iv core get it dammit..... this is crystal clear..... what more do u want...... now get mov'in & get green cards for all of us by next week.....
For a second after seeing your statement i thought some is getting what i am saying but the smile at the very end destroyed that illusion
But in any case whether you agree with me or not (or whether as some say i am in cloud cooko land- to which all i can say is i woke up when will you) i appreciate a reply to the post
why doesn't anyone in iv core get it dammit..... this is crystal clear..... what more do u want...... now get mov'in & get green cards for all of us by next week.....
For a second after seeing your statement i thought some is getting what i am saying but the smile at the very end destroyed that illusion
But in any case whether you agree with me or not (or whether as some say i am in cloud cooko land- to which all i can say is i woke up when will you) i appreciate a reply to the post
I have no problem with any individual but I hate my ex employer and their class ( in no uncertain terms ). I was earning for them , but he and his wife used to behave like big boss to me.Why I shed no tears for them. They think themselves as Ambani but will not hire few good marketing folks who can bring projects from direct clients. There business model is like the following example ( joke ). A bihari gone to punjab and started working for sardarji for food and shelter.While he asked the sardarji for food , he said go that building eat as much you want and take this tifin box and pack some food for me too. Just tell them that I have sent you . After some time Bihari came to know that it was Gurudwara and food was lunger. I consider these body shop no different then that Sardarji. Opening a co ( body shop ) requires phone and outlook. WOW. The h1b rules allow a space for them. With this new rule , they are gone for good. Let me make it very clear , I hate body shopper . It is mere chance that they are from particular state. I fully sympathize with all H1B holder and again let me insist all deserving H1b people will be better off with this memo. Let me quote a line from Ghalib " Jis diye me tel honge , rah jayenge bus wohi ".
Let me enjoy on potential demise of Body shopper including my ex employer. I am ready
If you were with an employer (consulting or not) for a long time that you regret now, you have yourself to blame. It is on ourselves to get out of disadvantageous situations. There are enough laws already to get rid of such long term contracts especially for H1B candidates. However many of us don't do that. In the end we stereotype entire set of companies based on our experience with a single company.
Blind men and an elephant - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Blind_men_and_an_elephant)
Let me enjoy on potential demise of Body shopper including my ex employer. I am ready
If you were with an employer (consulting or not) for a long time that you regret now, you have yourself to blame. It is on ourselves to get out of disadvantageous situations. There are enough laws already to get rid of such long term contracts especially for H1B candidates. However many of us don't do that. In the end we stereotype entire set of companies based on our experience with a single company.
Blind men and an elephant - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Blind_men_and_an_elephant)
