at0474
12-14 03:55 PM
Good summary but let me also add the observation that eliminating the per country quota alone will not bring the desired benefit unless the following are also implemneted
1) Increase of the total EB quota
2) Exclude dependents from the quota
3) Re-capture unused visas from past years.
--Improve processing time to consume full quota allotted per fiscal year. If the cases are processed at snail pace, increasing quota to half a million visa doesn't mean squat to anybody. It will fall into another cycle of "waste visas & recapture visas"
1) Increase of the total EB quota
2) Exclude dependents from the quota
3) Re-capture unused visas from past years.
--Improve processing time to consume full quota allotted per fiscal year. If the cases are processed at snail pace, increasing quota to half a million visa doesn't mean squat to anybody. It will fall into another cycle of "waste visas & recapture visas"
wallpaper Happy Birthday hyung.
mariusp
03-28 12:52 PM
Sure http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/06-1248.htm
I spoke to two immigration attorneys about how this may affect pending I-140 cases with the USCIS and this is the reply I received:
Response 1:
I am aware of the proposed rule (and the DOL link you sent me). But this applies only to pending labor certification applications and to approved labor certification applications not yet filed with USCIS. Neither one of these situations applies in your case. Of course the elimination of substitution is a proposed rule only and no one can tell exactly if and when and how the final rule will come out.
Response 2:
Highly unlikely that this change would affect a case that was already filed.
Just to be safe I will request to convert to PP.
I spoke to two immigration attorneys about how this may affect pending I-140 cases with the USCIS and this is the reply I received:
Response 1:
I am aware of the proposed rule (and the DOL link you sent me). But this applies only to pending labor certification applications and to approved labor certification applications not yet filed with USCIS. Neither one of these situations applies in your case. Of course the elimination of substitution is a proposed rule only and no one can tell exactly if and when and how the final rule will come out.
Response 2:
Highly unlikely that this change would affect a case that was already filed.
Just to be safe I will request to convert to PP.
akred
02-13 12:36 PM
I think the US government wanted it this way.
Yes. Racial exclusion and preference for European immigration has a long history in US immigration law.
http://academic.udayton.edu/race/02rights/immigr09.htm
Yes. Racial exclusion and preference for European immigration has a long history in US immigration law.
http://academic.udayton.edu/race/02rights/immigr09.htm
2011 Anyway Happy Birthday again
Macaca
07-04 10:18 AM
IV release has the following line. Looks like they are talking about H1B renewal. However, we will have EAD renewal. Any cost/benefit analysis for us/USCIS on H1B vs EAD renewal.
Additionally, this move would have also eliminated the need for continually renewing temporary skilled visas.
Additionally, this move would have also eliminated the need for continually renewing temporary skilled visas.
more...
lazycis
02-13 05:04 PM
See extract from Ombudsman's report
http://www.dhs.gov/xlibrary/assets/cisomb_annualrpt07__June_11_2007_section3e_untimel yprocessing.pdf
218,759 visas are available for recapture and those numbers were lost due to systematic agency delays and bad policies (i.e. name check).
http://www.dhs.gov/xlibrary/assets/cisomb_annualrpt07__June_11_2007_section3e_untimel yprocessing.pdf
218,759 visas are available for recapture and those numbers were lost due to systematic agency delays and bad policies (i.e. name check).
andy garcia
02-15 12:27 PM
when did you check?
I checked 10 min. ago it looks COOL;)
I checked 10 min. ago it looks COOL;)
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grupak
02-15 01:07 PM
You guys keep saying diversity is a FB immigration problem only not EB, hence no cap needed in EB.
REALLY? Is it a coincidence that a desi company owner will usually have 99% of his emploees Indian? Thinking that employment depends only on skills is not realistic. A lot of the networking based on national origin interferes with how at least H1 jobs are landed here. So there is a reason to have rules preventing a monopoly.
Cheers.
Guys give it a rest. We are here to solve the backlog for all EB, and most effected are from a few countries. So unless the total number is increased by orders of magnitude, the pragmatic solution is what IV advocates. And IV is working to help everyone.
If there is fraud or some other problem in the H1B program, let the USCIS do the policing.
REALLY? Is it a coincidence that a desi company owner will usually have 99% of his emploees Indian? Thinking that employment depends only on skills is not realistic. A lot of the networking based on national origin interferes with how at least H1 jobs are landed here. So there is a reason to have rules preventing a monopoly.
Cheers.
Guys give it a rest. We are here to solve the backlog for all EB, and most effected are from a few countries. So unless the total number is increased by orders of magnitude, the pragmatic solution is what IV advocates. And IV is working to help everyone.
If there is fraud or some other problem in the H1B program, let the USCIS do the policing.
2010 Many many happy returns of the
illusions
05-11 05:05 PM
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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sparky_jones
06-28 09:39 AM
Matthew Oh has been known in the past to be a BIT of a sensationalist.
Yes, there's no doubt about that. Although Mr Oh must be credited for providing us with valuable "insider" AILA information, he needs to tone down the manner in which he sometimes presents this information. This particular information is flashed as a "Special Red Alert", with very grim language on his blog. He should also have provided details on how AILA's liasion is working with USCIS to correct the situation, which is clearly a violation of regulation on the part of USCIS. Given the clear outrage over the lack of transparency in the case of the "other worker" category, what are the chances that USCIS will do this again, esp when it is against regulation?
I won't be surprised if OH gets kicked out of AILA...for leaking AILA insider info (good for us), and for his sensationalism (bad for everyone).
Yes, there's no doubt about that. Although Mr Oh must be credited for providing us with valuable "insider" AILA information, he needs to tone down the manner in which he sometimes presents this information. This particular information is flashed as a "Special Red Alert", with very grim language on his blog. He should also have provided details on how AILA's liasion is working with USCIS to correct the situation, which is clearly a violation of regulation on the part of USCIS. Given the clear outrage over the lack of transparency in the case of the "other worker" category, what are the chances that USCIS will do this again, esp when it is against regulation?
I won't be surprised if OH gets kicked out of AILA...for leaking AILA insider info (good for us), and for his sensationalism (bad for everyone).
hair Happy Birthday to Dan#39;s dad,
acecupid
07-17 11:21 AM
It is a "permanent" policy. There was no change in the law. USCIS was interpreting the law incorrectly. Now they have corrected themselves with the congressional input. This will not change.
There could of course be a new law and then things might change.
The was no change in law and still there was a change in interpretation based on the current state of EB2, so this interpretation will change once some other category needs spill overs. The is no law which states spill over should be horizonal or vertical or diagonal :) It merely says that DOS can decide how the spill overs should flow.
There could of course be a new law and then things might change.
The was no change in law and still there was a change in interpretation based on the current state of EB2, so this interpretation will change once some other category needs spill overs. The is no law which states spill over should be horizonal or vertical or diagonal :) It merely says that DOS can decide how the spill overs should flow.
more...
amsgc
07-26 04:48 PM
From what I remember, Ron Hira had done the math and found that only 0.03% of those H-1B visa applicants get sponsored for the GC by the Indian Offshore companies.
But, we still have a tremendous backlog in 2004, plus labor subs, plus EB3 moving over to EB2. According to , there are still hundreds of people waiting with PD before June 2004.
Also out of the 65K H1 visas that were available since 2003, most of the Visas were consumed by the Big Indian companies.
Remember when Congress sent letters to the Big Indian companies, there was data related to how many companies applied for how many Visas.
AFAIK it was in the range of 25k-35k per year combined by all these companies that filed H1s .
One thing to note is, they do not sponsor GCs for all the applicants.They do them very rarely for the people who are in their 5th to 6th year of H1.Could be in the range of Hundereds and not thousands comapred to the people count they have in US.
But, we still have a tremendous backlog in 2004, plus labor subs, plus EB3 moving over to EB2. According to , there are still hundreds of people waiting with PD before June 2004.
Also out of the 65K H1 visas that were available since 2003, most of the Visas were consumed by the Big Indian companies.
Remember when Congress sent letters to the Big Indian companies, there was data related to how many companies applied for how many Visas.
AFAIK it was in the range of 25k-35k per year combined by all these companies that filed H1s .
One thing to note is, they do not sponsor GCs for all the applicants.They do them very rarely for the people who are in their 5th to 6th year of H1.Could be in the range of Hundereds and not thousands comapred to the people count they have in US.
hot Wish you a very happy birthday
unseenguy
08-16 06:03 PM
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
Its just highlighting the profiling because of name of religion or skin color. I agree world is not going to end but Indians need to be assertive to protect their own dignity.
Its just highlighting the profiling because of name of religion or skin color. I agree world is not going to end but Indians need to be assertive to protect their own dignity.
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house “Happy Birthday” message added
snathan
01-15 04:03 PM
No this rule is not against the H1B. Kindly read the rule. This rule is against body shopper and who do all kind of illegal activities. No pay on bench, 80-20 , no LCA ,no value addition etc etc. Their whole existence was questionable from day one. Why don't they do the same business with GC holder or US citizen ? Because they are not required in food chain of consulting. Period. Check out people from one state of India buy H1b . I will use the word buy. It's like buying air ticket along with visa fees to come to usa. USCIS is nailing there.
Do you think that purchasing H1B visa is Okay as per us rules ? It was never legal. It is not that they made a new law or changed a rule. They just said , we know where was the hole and they put some bricks there. So your logic they will do to EAD and GC is pure speculation. Yes during second world war they arrested people with Japanese connection.
They have not banned H1B . Period. Why I am happy ? Because now there will be direct relation between job and H1B. No illusion of fake job. Second, now only good companies will be their ( Accenture , deloitte ) and they will need H1b consultant. Mark my word, US companies can not live without H1B and they will hire H1b directly and will sponsor them.
These companies will never bill below a low limit. The Indian body shop and their gulam agree for any rate ( yes even10$/hr for tester job ) and kills the market. It will usher a new era ( good ) for H1B. Due to these cheap desi dallas real companies never felt the need for sponsoring H1B. In my own case , the client did not give offer to perm because I was cheaper in contract to them. Finally when I resigned and on last day of my 2 week notice period client offered me to sponsor H1B. I refused as some one else had already filed my H1b and I continued there. I am happy for the beginning of this new body shop free time.
What about the legitimate people who didnt buy the visa and due to USCIS, struck in GC black hole...? Do you have any way to segregate bad apple from good one. You just want to throw the baby with bath water. Period.
Do you think that purchasing H1B visa is Okay as per us rules ? It was never legal. It is not that they made a new law or changed a rule. They just said , we know where was the hole and they put some bricks there. So your logic they will do to EAD and GC is pure speculation. Yes during second world war they arrested people with Japanese connection.
They have not banned H1B . Period. Why I am happy ? Because now there will be direct relation between job and H1B. No illusion of fake job. Second, now only good companies will be their ( Accenture , deloitte ) and they will need H1b consultant. Mark my word, US companies can not live without H1B and they will hire H1b directly and will sponsor them.
These companies will never bill below a low limit. The Indian body shop and their gulam agree for any rate ( yes even10$/hr for tester job ) and kills the market. It will usher a new era ( good ) for H1B. Due to these cheap desi dallas real companies never felt the need for sponsoring H1B. In my own case , the client did not give offer to perm because I was cheaper in contract to them. Finally when I resigned and on last day of my 2 week notice period client offered me to sponsor H1B. I refused as some one else had already filed my H1b and I continued there. I am happy for the beginning of this new body shop free time.
What about the legitimate people who didnt buy the visa and due to USCIS, struck in GC black hole...? Do you have any way to segregate bad apple from good one. You just want to throw the baby with bath water. Period.
tattoo Happy Father#39;s Day, Happy
dks
10-04 08:12 AM
Desi companies are to blame but not always.
This is a common practice in big companies. Guess which companies have got the most number of LC's to substitute. It is some of the big software and consulting firms. Myself being a part of one such company have seen a lot of my co-workers use it to get their GC. I will admit though that in big companies it is used after one of the following has happened:
1> You have been stuck in LC stage for a long time.
2> The initial original LC got messed up due to lawyer or company negligence.
3> The I-140 stage got messed up due to lawyer or company negligence.
4> You are an old employee but did not somehow start your GC process till you only had a year or less remaining on your H-1.
Unfortunately for me, none of the above has happened so the company will not use LC substitution for me. But it is a common practice.
This is a common practice in big companies. Guess which companies have got the most number of LC's to substitute. It is some of the big software and consulting firms. Myself being a part of one such company have seen a lot of my co-workers use it to get their GC. I will admit though that in big companies it is used after one of the following has happened:
1> You have been stuck in LC stage for a long time.
2> The initial original LC got messed up due to lawyer or company negligence.
3> The I-140 stage got messed up due to lawyer or company negligence.
4> You are an old employee but did not somehow start your GC process till you only had a year or less remaining on your H-1.
Unfortunately for me, none of the above has happened so the company will not use LC substitution for me. But it is a common practice.
more...
pictures Includes messages: Happy
samay
07-14 06:13 AM
I have applied for 485 last year and I already have I-140 approved so I meet the criteria for AC21.
My question is that I have not applied for EAD and I am still on H1 with same employer. In case I lose job will I be considered out of status immediately for the reason that I am not using EAD. As I understand being on EAD allows some flexibility in gap in employment until the time of approval of 485 application.
I suggest you apply for your EAD as soon as you can. It allows you a lot more flexibility and also helps with other issues such as the drivers license.
My question is that I have not applied for EAD and I am still on H1 with same employer. In case I lose job will I be considered out of status immediately for the reason that I am not using EAD. As I understand being on EAD allows some flexibility in gap in employment until the time of approval of 485 application.
I suggest you apply for your EAD as soon as you can. It allows you a lot more flexibility and also helps with other issues such as the drivers license.
dresses Happy Birthday
Jagadish1978
07-19 07:28 PM
I have these below queries on Green card processing
My Green card processing background
My labor and I140 are approved and have priority date of May 2006 under EB3 category.
The reason for these questions is that I am planning to change the company that I am working with.
Questions.
1. Can I port the priority date (March 2006) when applying for new green card with new employer.
2. If possible to port the priority date can I apply under EB2 category assuming all other criteria satisfy for EB2 category and use the same (May 2006) priority date.
My Green card processing background
My labor and I140 are approved and have priority date of May 2006 under EB3 category.
The reason for these questions is that I am planning to change the company that I am working with.
Questions.
1. Can I port the priority date (March 2006) when applying for new green card with new employer.
2. If possible to port the priority date can I apply under EB2 category assuming all other criteria satisfy for EB2 category and use the same (May 2006) priority date.
more...
makeup Got a message
gc28262
01-13 03:06 PM
There is lot of non-sense happening in USCIS with union man, Grassley friendly, president in white house.
Looks like this memo is inspired by anti-immigrant lawmaker Grassley's recent questions to USCIS director. I doubt USCIS has such wide powers as to define employee/employer relationship.
Looks like this memo is inspired by anti-immigrant lawmaker Grassley's recent questions to USCIS director. I doubt USCIS has such wide powers as to define employee/employer relationship.
girlfriend And I said, Father,
xela
02-13 02:57 PM
What ever gave you the idea that EB ROW only wait for 3 years? There's this common misconception flying around here that somehow ROW just cruises by
YEs all the people I know around me are ROW EB3 and PDs 2002 and 2003 and no GC, so please stop thinking we have it so good!
With regard to the per country limit.....there is only one for the first 3 quaters and it seems like in the last couple of times in the last quater India and Chine and maybe Phillipines did end up getting more GCs than their per country limit, at least I was so informed by my lawyers.
Besides that, immigration is a privilege not a right, so if the US wants diversity and limit per country immigration, it is their right to do so. Before you start being shocked by this, I am NOT saying I do not understand your frustration and the feeling you discriminated against, but rights are rights and we knew that before we started the process. If we can improve it great, if we can't we will just have to deal with it realisticly.
Some EU countries are doing the exact same thing by the way.
I do believe in diversity in any way and shape, and I do not stand for discrimination. I am just trying to face the reality.
I also have days when I wonder about leaving my own country which provided me with a wonderful education and how I am taking away from that country by leaving for my own success? if you don't have days when you feel guilty good for you.
take care
YEs all the people I know around me are ROW EB3 and PDs 2002 and 2003 and no GC, so please stop thinking we have it so good!
With regard to the per country limit.....there is only one for the first 3 quaters and it seems like in the last couple of times in the last quater India and Chine and maybe Phillipines did end up getting more GCs than their per country limit, at least I was so informed by my lawyers.
Besides that, immigration is a privilege not a right, so if the US wants diversity and limit per country immigration, it is their right to do so. Before you start being shocked by this, I am NOT saying I do not understand your frustration and the feeling you discriminated against, but rights are rights and we knew that before we started the process. If we can improve it great, if we can't we will just have to deal with it realisticly.
Some EU countries are doing the exact same thing by the way.
I do believe in diversity in any way and shape, and I do not stand for discrimination. I am just trying to face the reality.
I also have days when I wonder about leaving my own country which provided me with a wonderful education and how I am taking away from that country by leaving for my own success? if you don't have days when you feel guilty good for you.
take care
hairstyles Re: Happy Birthday ~~ * Ruchi
GCOP
09-23 01:15 PM
I agree with this. Please Include Current Homeowners in the proposal, who are already contributing to economy while still waiting for the Greencard. Current Homeowners should not be be left out from the proposal.
Nixtor,
I like your idea, but please consider current homeowners as well in your proposal. I understand that if new homeowners are removed from the queue I am standing in, it will benefit me. But seriously, I will not get immediate relief. I will have to continue to wait in some queue for another decade. I have been in the US since 1994, completed 6 years of education and have been employed since 2000. My PD was current for 2 months, I am still sitting here looking at a dismal October Visa Bulletin. Yes, I bought my house 4 years ago. Why can't I be included in this list?
Should I promise to buy a second home? Will that put me in the category you are proposing?
Nixtor,
I like your idea, but please consider current homeowners as well in your proposal. I understand that if new homeowners are removed from the queue I am standing in, it will benefit me. But seriously, I will not get immediate relief. I will have to continue to wait in some queue for another decade. I have been in the US since 1994, completed 6 years of education and have been employed since 2000. My PD was current for 2 months, I am still sitting here looking at a dismal October Visa Bulletin. Yes, I bought my house 4 years ago. Why can't I be included in this list?
Should I promise to buy a second home? Will that put me in the category you are proposing?
bayarea07
07-27 07:26 PM
If you read carefully that is what vkkrishn said that even after saying 'No' multiple times IBO's
keep bothering you until you are rude/harsh to them.
Is it not law of the land that if you keep bothering a harmless dog even he is going to come bite you and that is what happened with most of the folks here and i do not understand how come any self respecting man can take that rudeness day in and out UNLESS THEY ARE BEING BRAINWASHED TO BELIEVE THAT EVERYBODY ELSE WHO SAYS 'NO' IS A LOOSER.
Nobody harassing anyone. You are doing it to yourself. If you are not interested why would they bother you?
Arrested?? make me laugh...please go ahead.
keep bothering you until you are rude/harsh to them.
Is it not law of the land that if you keep bothering a harmless dog even he is going to come bite you and that is what happened with most of the folks here and i do not understand how come any self respecting man can take that rudeness day in and out UNLESS THEY ARE BEING BRAINWASHED TO BELIEVE THAT EVERYBODY ELSE WHO SAYS 'NO' IS A LOOSER.
Nobody harassing anyone. You are doing it to yourself. If you are not interested why would they bother you?
Arrested?? make me laugh...please go ahead.
amitjoey
07-03 04:57 PM
What did you put in the subject field.. It is very important to have right words in subject field so at least they will open the email and see what's in it..
"Immigration scandal goes unnoticed"
or "USCIS drama and tantrum to lessen workload"
or "Is this legal?"
or "Resignations due at USCIS"
or "Foul Play synonym USCIS Play"
"Immigration scandal goes unnoticed"
or "USCIS drama and tantrum to lessen workload"
or "Is this legal?"
or "Resignations due at USCIS"
or "Foul Play synonym USCIS Play"