chmur
02-21 10:18 PM
I'd posted elsewhere about my Feb 13, 2008 conversation with the DOS official who sets cutoff dates:
But his statement at the AILA meeting has been bothering me so I talked to him again today. Here is what he said -- that he is considering not only the EB-1 India excess, but the entire EB-1 worldwide excess being given to oversubscribed EB-2! I asked him about his earlier statement and he said that he had had a chance to look at the numbers and determine that unlike recent years EB-1 worldwide is not using numbers up at a rate that would max out EB-1 usage. BUT. He is waiting for USCIS to give him an estimate of the number of EB-2 India applications that would become eligible if he moves the cutoff dates up to 12/1/03, he will set the date ONLY after he gets that data and determines that there won't be too many within that cutoff date.
I also asked him to confirm that he was relying on his interpretation of Section 202(a)(5) (http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=cb90c19a50729fb47fb0686648558 dbe) of the INA in order to proceed with this spillover. This is his current interpretation of that section -- spillover from EB-1 to EB-2 IF there appears to be a worldwide excess in EB-1, when there is no worldwide excess in EB-1 then country specific spillover for example, from EB-1 India to EB-2 India only etc. In past years like FY06, EB-1 ROW was looking maxed out, so barely any spillover from EB-1 to oversubscribed EB-2.
is there not a better nuance way to divulge the details without revealing the source.
What if someone at DOS creates problem for this gentlemen for discussing the PD's with you ahead .
Please exercise caution
But his statement at the AILA meeting has been bothering me so I talked to him again today. Here is what he said -- that he is considering not only the EB-1 India excess, but the entire EB-1 worldwide excess being given to oversubscribed EB-2! I asked him about his earlier statement and he said that he had had a chance to look at the numbers and determine that unlike recent years EB-1 worldwide is not using numbers up at a rate that would max out EB-1 usage. BUT. He is waiting for USCIS to give him an estimate of the number of EB-2 India applications that would become eligible if he moves the cutoff dates up to 12/1/03, he will set the date ONLY after he gets that data and determines that there won't be too many within that cutoff date.
I also asked him to confirm that he was relying on his interpretation of Section 202(a)(5) (http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=cb90c19a50729fb47fb0686648558 dbe) of the INA in order to proceed with this spillover. This is his current interpretation of that section -- spillover from EB-1 to EB-2 IF there appears to be a worldwide excess in EB-1, when there is no worldwide excess in EB-1 then country specific spillover for example, from EB-1 India to EB-2 India only etc. In past years like FY06, EB-1 ROW was looking maxed out, so barely any spillover from EB-1 to oversubscribed EB-2.
is there not a better nuance way to divulge the details without revealing the source.
What if someone at DOS creates problem for this gentlemen for discussing the PD's with you ahead .
Please exercise caution
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priti8888
02-16 03:13 PM
What is the % of chinese, Indians in USA ?
14% Asians Americans in US. (includes indians,chinese koreans, viatnamese, japanese etc)
I dont know about India and china specifically.
There are 2.7 million Indian americans in the U.S and 9.3 Chinese Americans.
You do the math.
Not sure if the totals include GC holders
14% Asians Americans in US. (includes indians,chinese koreans, viatnamese, japanese etc)
I dont know about India and china specifically.
There are 2.7 million Indian americans in the U.S and 9.3 Chinese Americans.
You do the math.
Not sure if the totals include GC holders
DesiGuy
09-13 10:59 AM
YES...good idea, we need it (gave u a green).
but (there's always one;)) at the moment, since time is short,
lets be FOCUSsed on calling the REPs.
Energy flows where Focus goes
but (there's always one;)) at the moment, since time is short,
lets be FOCUSsed on calling the REPs.
Energy flows where Focus goes
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retrohatao
01-26 03:04 PM
I find FBI security clearnce has been one of the hot issues which is causing many lime me to wait even though our cases are curent. I lost the opportunity some time back, got hit by the retrogression, still waiting for the FBI clearnace. Appreciate if it can be added as one of the hot issues.
more...
texcan
01-22 06:48 PM
Great discussion here, its great to see prospective from many folks.
Wonderful insights.
Saggi13
Man great venting.
Here is a question for you and for all of us in similiar circumstances. you got to ask a question.....what will make you happy. You took a great step in buying the house not because of any reason other than "you wanted your daughter needed some place to play". You took the decision, made a choice....Now you should be happy for you did what you deened important for you and you did it.
Now things went bad after buying a house, but overall you choose to buy this and that should make you happy.
Nothing personal Sagi13...your write was excellent about changes with in 9 months. It will all work out for you.
I read somewhere "happiness is in action". Its far more easier to ask sorry for something done, than to repent for something left undone.
For me what has worked so far is trying to stay out of Rat Race, and this too by choice.
I choose not to waste money on new cars, not my type, i refuse to judge people by the cars they drive. i have driven decent cars, but never paid a penny to anyone on car loan interest. So will i do for a house, god willing.
i make sure to spend a lot of time with family and friends, and real time spend relaxing, enjoying sun ...walks in morning.
i did spend a lot of money this last year on soft factors/family and friends...more than 10K ...i choose to do so; and i am happy so far.
This may not be a big amount for someone, and this expense could have been avoided but we choose to spend it, fine no issues.
My belief is, one got to make peace with one self, past is past ..and stop comparisons
We all make mistakes, i make more mistakes than my fair share of "1" a day...
Remember "we are spritual beings having human experiences". T
Here is another good line i try to remember always, think about what do you want...lets say GC.
Imagine you got GC today....now what will you do differently than what you are doing today. what change will GC bring to you as a person ( forget other crazy ideas we have created in our minds.....like help in job, realizing american dream, and please Donot cite reasons like it will be easier to travel/get a job. )
If you donot have any solid differences in your life...after getting a GC...then my friend you are in Rat Race.
This American dream is a bull ....by marketers, this is a dream for everyone on this planet, and most achieve it....by having a space where they can relax not by owning something....ownership is perceived notion. How can owning a piece of wood and concrete help anyone??
Wonderful insights.
Saggi13
Man great venting.
Here is a question for you and for all of us in similiar circumstances. you got to ask a question.....what will make you happy. You took a great step in buying the house not because of any reason other than "you wanted your daughter needed some place to play". You took the decision, made a choice....Now you should be happy for you did what you deened important for you and you did it.
Now things went bad after buying a house, but overall you choose to buy this and that should make you happy.
Nothing personal Sagi13...your write was excellent about changes with in 9 months. It will all work out for you.
I read somewhere "happiness is in action". Its far more easier to ask sorry for something done, than to repent for something left undone.
For me what has worked so far is trying to stay out of Rat Race, and this too by choice.
I choose not to waste money on new cars, not my type, i refuse to judge people by the cars they drive. i have driven decent cars, but never paid a penny to anyone on car loan interest. So will i do for a house, god willing.
i make sure to spend a lot of time with family and friends, and real time spend relaxing, enjoying sun ...walks in morning.
i did spend a lot of money this last year on soft factors/family and friends...more than 10K ...i choose to do so; and i am happy so far.
This may not be a big amount for someone, and this expense could have been avoided but we choose to spend it, fine no issues.
My belief is, one got to make peace with one self, past is past ..and stop comparisons
We all make mistakes, i make more mistakes than my fair share of "1" a day...
Remember "we are spritual beings having human experiences". T
Here is another good line i try to remember always, think about what do you want...lets say GC.
Imagine you got GC today....now what will you do differently than what you are doing today. what change will GC bring to you as a person ( forget other crazy ideas we have created in our minds.....like help in job, realizing american dream, and please Donot cite reasons like it will be easier to travel/get a job. )
If you donot have any solid differences in your life...after getting a GC...then my friend you are in Rat Race.
This American dream is a bull ....by marketers, this is a dream for everyone on this planet, and most achieve it....by having a space where they can relax not by owning something....ownership is perceived notion. How can owning a piece of wood and concrete help anyone??
pappu
04-06 07:39 PM
Sure I will give the link..
I know its not fake..because I have 3 people on our floor who came from a visit..who saw these kind of things happening right in front of them (and my friends were GCs so I guess they themselves were left alone).
Now coming to point of posting their experiences themselves..especially in a situation where they were not allowed to enter US, I dont think they have any incentive left to post and seek help from fellow IV..once they are out they are out..
Nothing can bring them back unless they file a new petition and go for stamping..
I can imagine how much pain they might be going through, touchwood if I was to be one ofthem, I dont see myself posting my experience for 3 months or so..
its a different case where someone is inside US and they face a problem, yeah..why not they post straight away, but this is a different territory..we can only expect them to post, its not going to happen or may be rare case.
If we come across a few cases we can explore options. Is there an appeal process? This can be in media and can help future cases. With few case examples, a legal opinion can also be sought if this is legal at POE.
In the absence of real cases, there is no way any action can be taken and it will stay as a forum rumor.
I know its not fake..because I have 3 people on our floor who came from a visit..who saw these kind of things happening right in front of them (and my friends were GCs so I guess they themselves were left alone).
Now coming to point of posting their experiences themselves..especially in a situation where they were not allowed to enter US, I dont think they have any incentive left to post and seek help from fellow IV..once they are out they are out..
Nothing can bring them back unless they file a new petition and go for stamping..
I can imagine how much pain they might be going through, touchwood if I was to be one ofthem, I dont see myself posting my experience for 3 months or so..
its a different case where someone is inside US and they face a problem, yeah..why not they post straight away, but this is a different territory..we can only expect them to post, its not going to happen or may be rare case.
If we come across a few cases we can explore options. Is there an appeal process? This can be in media and can help future cases. With few case examples, a legal opinion can also be sought if this is legal at POE.
In the absence of real cases, there is no way any action can be taken and it will stay as a forum rumor.
more...
SunnySurya
07-28 12:08 PM
In my case, you are the Judge , Jury and the excutioner.
In your case, it will be the government and legal system of the USA and actually there is law preventing such things. So I was not kidding.
The transcripts on this thread will serve as a record, if need be..
And what about giving your IP address to authorities because you incited my religious feelings?
In your case, it will be the government and legal system of the USA and actually there is law preventing such things. So I was not kidding.
The transcripts on this thread will serve as a record, if need be..
And what about giving your IP address to authorities because you incited my religious feelings?
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delhiguy
07-09 08:39 PM
I feel that they did not violate any clause. Till June 30 which is end of third quarter, they are authorized to approve (3*27%*140K) 113,400. However they approved only 66,400 till May 31. That yields about 47,000 for June alone(10%+any number not used in previous months). The reamining visas are eligible for Jul 1, which is 13,000. Put together June and July1, it comes 60,000. Therefore they did not violate any law. This makes only 126,000. The remaining number was splitted for Consular processing.
my 2 cents...
That really makes Sense, I believe USCIS/DOS are smart agencies, and wont do those kind of silly mistakes..
my 2 cents...
That really makes Sense, I believe USCIS/DOS are smart agencies, and wont do those kind of silly mistakes..
more...
bheemi
07-02 09:35 AM
YOU PEOPLE understand first what i kept in the reply. I did not blame IV for doing other efforts..I am talking about facts about USCIS..So dont make fool us or yourself as IV or any other organization will not be able to attack USCIS..Bcoz USCIS is monarch..
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onemorecame
10-05 01:21 PM
Congratulations�
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ameryki
03-17 03:00 PM
PD Nov 2005 filed in Aug 2007
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k94
11-22 02:41 PM
It is my understanding that when applying for a GC, until you have your LC approved (and possibly I-140), you cannot change your title or salary, beyond what was submitted in the LC application. Technically, the DOL is verifying a 'job' (and the salary related to that job), so in theory, that can't change, not because the employer doesn't want to, but because the law doesn't allow it.
Now, an employer may unofficially get around this (by increasing your bonus payout, or giving you stock, or changing the internal level of your job), but these are 'handouts' that you may get if your employer is fair.
With the backlogs that are in effect for pre-PERM LC approvals, employees can go from 1-3 years without a salary or promotion/job title change, and that is the law! Go figure.
Now, an employer may unofficially get around this (by increasing your bonus payout, or giving you stock, or changing the internal level of your job), but these are 'handouts' that you may get if your employer is fair.
With the backlogs that are in effect for pre-PERM LC approvals, employees can go from 1-3 years without a salary or promotion/job title change, and that is the law! Go figure.
more...
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rambo45
09-26 02:56 PM
I got a similar reply as above from CNN
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uma001
07-29 01:31 PM
Given the unemployment rate and also the current market condition, it is not really favorable for starting a Green Card process (Labor/PERM) if you belong to one of the field, where there are adequate number of people already available. The recent economic conditions has flooded the market with many people who might qualify, as the requirement is to accept any US Citizen/Perm Resident, if one has the minimum qualification, even if you do not have all that is requested for. Future GC holder might like this provision after GC !!
In that case, employers should mention the following in the offer letter
" In case, in future, if economy goes bad and recession occurs,we cannot sponsor your green card since it is easy to find american citizens who has minimum qualification."
This should be mentioned on the offer letters given by big comapnies.Then it is up to H1B candidate whenter to take the offer(risk) or not.
Can these companies do this????
In that case, employers should mention the following in the offer letter
" In case, in future, if economy goes bad and recession occurs,we cannot sponsor your green card since it is easy to find american citizens who has minimum qualification."
This should be mentioned on the offer letters given by big comapnies.Then it is up to H1B candidate whenter to take the offer(risk) or not.
Can these companies do this????
more...
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amsgc
12-21 10:35 PM
Lazycis,
For academic info:
You mentioned that 245(k) allows up to 180 "out of status". Does it also cover "unlawful presence"? If not, then what does?
I am getting a bit confused by the terminlogy. I understand that "out of status" impiles: Your I-94 has not expired, but you have violated the terms under which you were admitted.
And "unlawful presence" means you overstayed your I-94, or sneaked in.
Is this correct? Please clarify.
Thanks,
Ams
For academic info:
You mentioned that 245(k) allows up to 180 "out of status". Does it also cover "unlawful presence"? If not, then what does?
I am getting a bit confused by the terminlogy. I understand that "out of status" impiles: Your I-94 has not expired, but you have violated the terms under which you were admitted.
And "unlawful presence" means you overstayed your I-94, or sneaked in.
Is this correct? Please clarify.
Thanks,
Ams
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smuggymba
03-12 11:12 AM
great job guys. There was no spillover and the dates did not become current and everyone is blaming IV. Stop contibuting to IV if they are the one's who were not able to make it current. Stop ranting like ladies in a kitty party.
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ak27
01-22 11:01 AM
Hello Indirant,
Would you able to pick couple of initiatives mentioned on my post...
and let me know your emailid, I will also add you to our google group
Would you able to pick couple of initiatives mentioned on my post...
and let me know your emailid, I will also add you to our google group
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EB3_SEP04
05-26 06:15 PM
Just out of curiosity.
You were not asked to show any documents (your friend was)?
May be because your son is a US Citizen...
My wife thought the same but I don't think my son's citizenship has played any role. The officer's conversation was only with the DRIVER. All the questions were directed at my buddy(driver). he said he could have fined him even for the passengers' inability to prove the status.
So i am wondering if the rule/law dictates that only the driver should be questioned unless it's a commercial/public transportation.
During my last H1 stamping in Mumbai over 3 yrs ago, officer's third question was if we have a US citizen child and we said yes then there was a brief pause and he said "Congrats, your visa is granted and your passports will be mailed".
so if i must vote yes or no on whether son's citizenship works in our favor then i'd say "Yes".
There's no doubt US govt "cares a lot" about their citizens, that'd probably be the reason i would want to be a US citizen even at the price of giving up Indian citizenship :)
You were not asked to show any documents (your friend was)?
May be because your son is a US Citizen...
My wife thought the same but I don't think my son's citizenship has played any role. The officer's conversation was only with the DRIVER. All the questions were directed at my buddy(driver). he said he could have fined him even for the passengers' inability to prove the status.
So i am wondering if the rule/law dictates that only the driver should be questioned unless it's a commercial/public transportation.
During my last H1 stamping in Mumbai over 3 yrs ago, officer's third question was if we have a US citizen child and we said yes then there was a brief pause and he said "Congrats, your visa is granted and your passports will be mailed".
so if i must vote yes or no on whether son's citizenship works in our favor then i'd say "Yes".
There's no doubt US govt "cares a lot" about their citizens, that'd probably be the reason i would want to be a US citizen even at the price of giving up Indian citizenship :)
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sirinme
11-04 11:37 AM
Nrc2008063524
CSPAvictim
07-09 07:24 PM
Clause B is not the only thing. In any quarter they are not supposed to issue any more than 27% of 140,000(100%) = 37800. according to Clause A. After June 15th they issued 140,000 - 66000 = 74000. What about the last quarter quota of 37800? Where did it go? It was not supposed to be used before July.
On second thoughts, it seems like you're talking about the 37800 for the last quarter. Well, I havent yet come across any law/regulation that prevents USCIS from using up all the visa numbers before the last quarter. And like I said before, the last quarter is not subject to the 27% limitation. Over the years, USCIS has not been using up all the numbers for the fiscal year. This time, they did the opposite and used them up in the first three quarters itself!:eek:
On second thoughts, it seems like you're talking about the 37800 for the last quarter. Well, I havent yet come across any law/regulation that prevents USCIS from using up all the visa numbers before the last quarter. And like I said before, the last quarter is not subject to the 27% limitation. Over the years, USCIS has not been using up all the numbers for the fiscal year. This time, they did the opposite and used them up in the first three quarters itself!:eek:
AirWaterandGC
07-15 02:20 PM
How much time do you have to respond to the RFE ? Do you have to provide pay stubs too from your old employer ?
I filed for 485 during July 2007. My 140 was already approved. Due to some problems I quit my employer in August 2007. My previous employer was a desi blood sucker. I was fed up & decided to quit after working for him for 3 years. I applied for H1 transfer with a new employer based on approved 140. I got H1 approval for another 3 years. Currently I am working for the new H1 sponsoring employer. I also received an EAD card based on pending 485 for one year. I didnt notify USICS of job change in July.
I applied for EAD extension this year. The application for EAD extension is pending. I got a following RFE on my 485:
Please state whether or not you are currently working for your I-140 petitioner.
You must submit a currently dated letter from you permanent employer, describing your present job duties & position in the organization, your proferred position (if different from your current one), the date you began employement & the offered salary & wage. The letter must also indicate whether the terms & conditions of your employement based visa petition (or labor certification) continue to exist.
I am not in good terms with my previous employer so I cant ask him for a letter. I can ask my new employer for such a letter.
Will USCIS come to know I quite Employer A before completing 180 days?
Also is it possible that 140 was revoked by my previous employer?
What document should I send to USCIS now?
I filed for 485 during July 2007. My 140 was already approved. Due to some problems I quit my employer in August 2007. My previous employer was a desi blood sucker. I was fed up & decided to quit after working for him for 3 years. I applied for H1 transfer with a new employer based on approved 140. I got H1 approval for another 3 years. Currently I am working for the new H1 sponsoring employer. I also received an EAD card based on pending 485 for one year. I didnt notify USICS of job change in July.
I applied for EAD extension this year. The application for EAD extension is pending. I got a following RFE on my 485:
Please state whether or not you are currently working for your I-140 petitioner.
You must submit a currently dated letter from you permanent employer, describing your present job duties & position in the organization, your proferred position (if different from your current one), the date you began employement & the offered salary & wage. The letter must also indicate whether the terms & conditions of your employement based visa petition (or labor certification) continue to exist.
I am not in good terms with my previous employer so I cant ask him for a letter. I can ask my new employer for such a letter.
Will USCIS come to know I quite Employer A before completing 180 days?
Also is it possible that 140 was revoked by my previous employer?
What document should I send to USCIS now?
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