MDix
02-11 12:09 PM
Looks like Ron is correct. This year DOS is estimating 9K FB visa but the number could go high. Last year they didn't estimate anything but by end of Year we got 13k( Per Ron). I read some where these numbers are not clear uptill end of year.
Bottom line is we may get more and we need to ask them about those lost 13k of last year. Looks like need of FOIA from DOS/CIS.
Bottom line is we may get more and we need to ask them about those lost 13k of last year. Looks like need of FOIA from DOS/CIS.
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StarSun
02-04 09:58 AM
Members who want to donate air miles, please come forward, as it will allow for others who are considering to come a chance to plan for the event.
prem_goel
07-12 08:15 PM
Spillover happens quarterly, but the visas are allocated in the last quarter! This is because the retrogressed countries are allocated their regular quota every quarter and the extra visas must be allocated based on the priority date, irrespective of the country! It would be difficult to allocate in the earlier quarters to achieve this!
So looking at the demand data used for determining Aug bulletin,
http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf
how far do you think it'll progress next month?
So looking at the demand data used for determining Aug bulletin,
http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf
how far do you think it'll progress next month?
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gautamagg
04-23 03:44 PM
Are you one of the guys who considered going to France as you cannot go to school Full time?
yes
yes
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hopefullegalimmigrant
06-12 06:04 PM
Sent
PresidentO
02-11 01:19 PM
Read this
http://www.travel.state.gov/pdf/FY08-AR-TableV.pdf
and tell us, where do you see 13,000 unused numbers?
Desi3933,
+1
People keep falling for the attorney's sensationalism. If he is so *darn* right, why does not he got to DOS and get an explanation on why they did not extend dates further and why DOS did not do the math right. Just because you have a blog does not mean that you can write what ever you want. Well I guess you could. Obviously, our fellow members think that they really lost a chance at the green card. An attorney writes a piece of crap with out substantiative evidence or an authority such as DOS confirming underutilization of visa numbers and our members go on the roof and start yelling What is IV doing?
If any one has looked at the bills sponsored by congresswoman lofgren in the past congress, one of the bills eliminate the spill over of visas from FB to EB and vice versa. If the numbers are coming into EB from FB this year, FB was the one that was supposed to get numbers from EB last year. As I recall during the final Q of 08, DOS announced that there were 22K visa numbers or what so ever that came in from FB and moved dates all the way into Aug 06 for EB2 India. Hence there must *NOT* have been any spill over last year and DOS unable to walk on the slippery slope actually issued 1120 more visas as you pointed and benefitted AOS applicants.
http://www.travel.state.gov/pdf/FY08-AR-TableV.pdf
and tell us, where do you see 13,000 unused numbers?
Desi3933,
+1
People keep falling for the attorney's sensationalism. If he is so *darn* right, why does not he got to DOS and get an explanation on why they did not extend dates further and why DOS did not do the math right. Just because you have a blog does not mean that you can write what ever you want. Well I guess you could. Obviously, our fellow members think that they really lost a chance at the green card. An attorney writes a piece of crap with out substantiative evidence or an authority such as DOS confirming underutilization of visa numbers and our members go on the roof and start yelling What is IV doing?
If any one has looked at the bills sponsored by congresswoman lofgren in the past congress, one of the bills eliminate the spill over of visas from FB to EB and vice versa. If the numbers are coming into EB from FB this year, FB was the one that was supposed to get numbers from EB last year. As I recall during the final Q of 08, DOS announced that there were 22K visa numbers or what so ever that came in from FB and moved dates all the way into Aug 06 for EB2 India. Hence there must *NOT* have been any spill over last year and DOS unable to walk on the slippery slope actually issued 1120 more visas as you pointed and benefitted AOS applicants.
more...
GCAmigo
12-27 09:02 AM
My son who is in high school goes for a federal funded summer program every year.. he is cursing me now as he cannot claim the $1000 stipend since he doesn't have an SSN..
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redgreen
08-10 08:38 PM
So according to this interpretation EB1 also will be retrogressed till everybody from previous years gets gc !
more...
kunkie
07-23 08:24 AM
Hi,
You can surely do so, and that too at your own convenience, that is until you get the project with your second employer you need not bother with leaving the first job. H1 Visa does not come in effect until you move to other employer's payroll.
What I write.. I know for a fact, you may still want to check for any latest changes with attorney or some one in legal world.
Regards,
kunkie
You can surely do so, and that too at your own convenience, that is until you get the project with your second employer you need not bother with leaving the first job. H1 Visa does not come in effect until you move to other employer's payroll.
What I write.. I know for a fact, you may still want to check for any latest changes with attorney or some one in legal world.
Regards,
kunkie
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gcisadawg
12-14 11:20 PM
kumar1,
I agree to most of the points you wrote. I believe there is one thing that you missed.
H1B is a dual intent visa that allows a foreigner to work in US and also apply for permanent residency. It was originally intended for American companies to hire people from abroad. But how many American companies hire people directly from abroad? Even if there is some, it would be very very minimal.
Body shoppers are the one who take on the difficult task of interviewing/recruiting/sponsoring/air-lifting the foreigner to USA in addition to preparing the candidate to withstand the rigors of a visa interview.
They give initial accommodation (agreed, a 1BR aptmnt cramped with many ppl), pay on bench ( accepted, not all), place the candidate on a project and get the foreigner US work/cultural experience. After they go through the whole nine yards, these American companies jump in and poach these H1Bs.
Take the body shoppers and glorified body shoppers like TCS, wipro, infy etc out of the equation and you would have sheer wastage of H1B numbers since the American companies will not go abroad to recruit someone who is unfamiliar with US work culture.
That is why congress came up with 20K quota for master degree holders who can be recruited directly by US corporations. In my opinion, US corporations should not complain at all since they were never interested in upholding the true spirit of H1B by recruiting people from abroad directly.
-gcisadawg
I agree to most of the points you wrote. I believe there is one thing that you missed.
H1B is a dual intent visa that allows a foreigner to work in US and also apply for permanent residency. It was originally intended for American companies to hire people from abroad. But how many American companies hire people directly from abroad? Even if there is some, it would be very very minimal.
Body shoppers are the one who take on the difficult task of interviewing/recruiting/sponsoring/air-lifting the foreigner to USA in addition to preparing the candidate to withstand the rigors of a visa interview.
They give initial accommodation (agreed, a 1BR aptmnt cramped with many ppl), pay on bench ( accepted, not all), place the candidate on a project and get the foreigner US work/cultural experience. After they go through the whole nine yards, these American companies jump in and poach these H1Bs.
Take the body shoppers and glorified body shoppers like TCS, wipro, infy etc out of the equation and you would have sheer wastage of H1B numbers since the American companies will not go abroad to recruit someone who is unfamiliar with US work culture.
That is why congress came up with 20K quota for master degree holders who can be recruited directly by US corporations. In my opinion, US corporations should not complain at all since they were never interested in upholding the true spirit of H1B by recruiting people from abroad directly.
-gcisadawg
more...
srkamath
07-20 01:26 PM
Here you go - conversion should not impact this as the number of LC approvals remains the same:
Here are all the LC approvals for India in the last seven years.
Year, Total LC Approved, Total India
2007 85112 24573
2006 79782 22298
2005 6133 1350
2004 43582 No Info
2003 62912 No Info
2002 79784 No Info
2001 77921 No Info
2000 70204 No Info
Lets assume about 25% of pre-PERM LCs are India based on post-PERM data. Thus for fiscal 2004 (Oct 2003 thru Sep 2004) the total LC number is 43,852. Assume 25% of that to be India based on PERM data. That gives about 11,000 India LCs in 2004 alone (All EB categories combined). If you assume an average of 2.5 dependents then the number of visas required for all India EB categories for 2004 is 27,500 (11,000*2.5). The regular quota for EB2 and EB3 combined is only about 9,800. That means 17,700 visas have to come from somewhere. I dont think those many visas are remaining for this year. Be prepared to see FIFO thrown under the bus and approvals with PDs that are all over the place. Please critique this analysis without piling on. Thoughts?
delax,
There is a mistake in your numbers, thousands of cases applied for in 2005 were approved in 2006.
If you look at the 2006 PERM Data Sheet, there are 7290 Approved, India cases with receipt dates in the year 2005.
I'm assuming PD = PERM Receipt Date (correct me if i'm wrong)
Similarly for 2006 in the 2007 tables.
Therefore there are ~ 8700 - EB1, EB2, EB3 cases in 2005 and not 1350.
Here are all the LC approvals for India in the last seven years.
Year, Total LC Approved, Total India
2007 85112 24573
2006 79782 22298
2005 6133 1350
2004 43582 No Info
2003 62912 No Info
2002 79784 No Info
2001 77921 No Info
2000 70204 No Info
Lets assume about 25% of pre-PERM LCs are India based on post-PERM data. Thus for fiscal 2004 (Oct 2003 thru Sep 2004) the total LC number is 43,852. Assume 25% of that to be India based on PERM data. That gives about 11,000 India LCs in 2004 alone (All EB categories combined). If you assume an average of 2.5 dependents then the number of visas required for all India EB categories for 2004 is 27,500 (11,000*2.5). The regular quota for EB2 and EB3 combined is only about 9,800. That means 17,700 visas have to come from somewhere. I dont think those many visas are remaining for this year. Be prepared to see FIFO thrown under the bus and approvals with PDs that are all over the place. Please critique this analysis without piling on. Thoughts?
delax,
There is a mistake in your numbers, thousands of cases applied for in 2005 were approved in 2006.
If you look at the 2006 PERM Data Sheet, there are 7290 Approved, India cases with receipt dates in the year 2005.
I'm assuming PD = PERM Receipt Date (correct me if i'm wrong)
Similarly for 2006 in the 2007 tables.
Therefore there are ~ 8700 - EB1, EB2, EB3 cases in 2005 and not 1350.
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sanju
09-11 12:05 PM
wow..they resume discussions on sept 18th?
There is a slight correction, they will resume 4 hours break time on sept 18th.
There is a slight correction, they will resume 4 hours break time on sept 18th.
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conundrum
11-07 04:46 PM
Bump ^^^^
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amsgc
07-19 12:06 AM
We need a realistic estimate of how many applications are pending with PD in 2004, which really seems like the bottleneck. Another thing to bear in mind is the conversion from EB3->EB2. That is also going to hinder the movement of EB2. There are a lot of people trying to use that route.
more...
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srkamath
07-13 02:31 PM
It is just a temporary movement to capture as many visa number as possible. Dates will move back in Oct and surge forward in June 09.
NO it won't !:);)
NO it won't !:);)
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feedfront
10-12 04:11 PM
I got the RFE. Its says that the civil surgeon did not attach the copy of the radiologist report to form I-693. It needs the report on an official letterhead.
It also says that I don't need to take another medical exam for this.
I've contacted the Doctor's office and asked them for the same. Did you get the same RFE?
Thanks,
That's better. Collect the radiologist's report and send them at the earliest. Make sure your attorney sends it to addressed mentioned in the letter. Someone's attorney in this forum used FedEx's service (sent to non-PO Box address) and took longer time to reach right department.
As I said earlier, my doctor was not in USCIS's current list. So, I had to redo everything. My status has changed to 'Respone to RFE review'
It also says that I don't need to take another medical exam for this.
I've contacted the Doctor's office and asked them for the same. Did you get the same RFE?
Thanks,
That's better. Collect the radiologist's report and send them at the earliest. Make sure your attorney sends it to addressed mentioned in the letter. Someone's attorney in this forum used FedEx's service (sent to non-PO Box address) and took longer time to reach right department.
As I said earlier, my doctor was not in USCIS's current list. So, I had to redo everything. My status has changed to 'Respone to RFE review'
more...
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unitednations
12-22 02:42 PM
I know many of my friends who were not paid in bench. All of them received green card without any problem. But only difference is they were in unpaid bench anywhere between 2 to 6 months. I do not know anyone who was in unpaid bench for 1 year or more. Most INS officiers are sympathic towards many violations. Recently one of my friend's wife forgot to renew H4 and she was Visa overstay for about 8 months. She applied change of status explainig the situation her H4 was extended with validity date from original expiry date.
I do know a decent number of people who were on bench for a year or more.
the problem is that people put in too much information when they file their cases. If you have small w2's or very little paystubs and you put it as part of your filing (either 140 or 485) then you are giving uscis a chance to examine them and raise a query because of it.
usually uscis does want to examine whether a person maintained status. However; if the recent entry into usa was shortly before filing 485 then they very rarely bother asking for w2's. If it has come to their attention that you may have left the 140 employer (h1 transfer, sending in ac21 letter) or it has been a long time then they will ask for these things to assess your intention.
Sometimes when people have very agregious cases/situations they are usually being protected in other ways such as 245k without knowing about it and their case gets approved.
I do know a decent number of people who were on bench for a year or more.
the problem is that people put in too much information when they file their cases. If you have small w2's or very little paystubs and you put it as part of your filing (either 140 or 485) then you are giving uscis a chance to examine them and raise a query because of it.
usually uscis does want to examine whether a person maintained status. However; if the recent entry into usa was shortly before filing 485 then they very rarely bother asking for w2's. If it has come to their attention that you may have left the 140 employer (h1 transfer, sending in ac21 letter) or it has been a long time then they will ask for these things to assess your intention.
Sometimes when people have very agregious cases/situations they are usually being protected in other ways such as 245k without knowing about it and their case gets approved.
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newbee7
07-05 12:58 AM
"Although USCIS stated in its 2006 Annual Report Response (at p. 8) that it provides detailed data to DOS, the tri-agency group identified gaps in USCIS’ data. Through these discussions, the Ombudsman learned that accounting and processing methods differ at the Nebraska and Texas Service Centers (where USCIS processes employment-based petitions)."
http://www.dhs.gov/xlibrary/assets/CISOMB_Annual%20Report_2007.pdf
http://www.dhs.gov/xlibrary/assets/CISOMB_Annual%20Report_2007.pdf
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vghc
02-04 12:36 PM
Some questions to those who are supporting country cap.
Why not put a country cap on foreign students� visas since many of them get into the green card line eventually?
Why not put a country cap on H1B visas since many of them get into the green card line eventually?
Why not put a country cap on labor certifications?
Why not put a country cap on I-140s?
Why not impose a country cap at the port of entry?
Why not put a country cap on visitors� visas?
Why not put a country cap on business visas?
Why not put a country cap on US trade with other countries?
Why not put a country cap on amount of US $ reserves that each country can have?
Why not put a country cap on children that foreigners in the US can bear?
Why not put a country cap on the foreigners� earnings in the US?
.
.
.
And the list can go on.
Putting country cap on greens cards serves a hidden racist agenda of not letting the people of one particular ethnic group grow in number and become strong.
Why not just fight for increase in numbers of GC and benefit everyone?
Taking a benefit from one group and applying to another disadvantage group only causes division of the entire group. Lets be more constructive in coming out with a solution.
Why not put a country cap on foreign students� visas since many of them get into the green card line eventually?
Why not put a country cap on H1B visas since many of them get into the green card line eventually?
Why not put a country cap on labor certifications?
Why not put a country cap on I-140s?
Why not impose a country cap at the port of entry?
Why not put a country cap on visitors� visas?
Why not put a country cap on business visas?
Why not put a country cap on US trade with other countries?
Why not put a country cap on amount of US $ reserves that each country can have?
Why not put a country cap on children that foreigners in the US can bear?
Why not put a country cap on the foreigners� earnings in the US?
.
.
.
And the list can go on.
Putting country cap on greens cards serves a hidden racist agenda of not letting the people of one particular ethnic group grow in number and become strong.
Why not just fight for increase in numbers of GC and benefit everyone?
Taking a benefit from one group and applying to another disadvantage group only causes division of the entire group. Lets be more constructive in coming out with a solution.
HawaldarNaik
03-09 12:21 PM
let us wait for May bulletin....
and then june....then july....and so on and so forth visa bullietins......:D
and then june....then july....and so on and so forth visa bullietins......:D
justAnotherFile
07-24 01:23 PM
The law 245 (c) clearly states that the status of the applicant may be adjusted to that of permanent resident only if the visa number is available.
Nowhere does it state that the application for adjustment of status can be accepted only if visa number is available.
This must lie within the discretion of the USCIS but will need some lobbying because of no precedent of invoking it.
This is similar to the H1-B issue, previously apllication were accepted only on Oct 1, if the current year visas ran out. The USCIS made a policy change to accept applications for the next year starting April 1 in order to alleviate some problems regarding status etc.
Those of who who are inetersted in pursuing this furhter should write a 2-3 line question to USCIS in the below link. If there are enough questions on the same issue we may elicit a response.
http://www.whitehouse.gov/ask
we can plan further action later.
Nowhere does it state that the application for adjustment of status can be accepted only if visa number is available.
This must lie within the discretion of the USCIS but will need some lobbying because of no precedent of invoking it.
This is similar to the H1-B issue, previously apllication were accepted only on Oct 1, if the current year visas ran out. The USCIS made a policy change to accept applications for the next year starting April 1 in order to alleviate some problems regarding status etc.
Those of who who are inetersted in pursuing this furhter should write a 2-3 line question to USCIS in the below link. If there are enough questions on the same issue we may elicit a response.
http://www.whitehouse.gov/ask
we can plan further action later.
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