desidude
09-26 11:47 AM
I just sent an email to the editor... hope these mails open their eyes and they repost the correct article... :D
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sanju
02-13 09:08 PM
This is ridiculous; no one asked you to come to this country.
Nor are you entitled to anything besides what they chose to bestow.
Remember that.
No one asked anyone to come to this country. But when we came here few years back, we were told that there are set of procedures in place to get green card. Congress never intended to make people for 10 years to get their green cards. So no one asked us that wait for 10 years either. But we paid taxes for all those 10 years. And my tax $$$, government has decided to bailout banks telling them not to hire me. Again, no one asked me how they will spend my tax $$$ just like no one asked me to come to this country.
Sense of entitlement comes from sense of connection and sense of what we deserve. I am entitled to permanent residency because my wife and I have paid around 1/2 million in taxes in last 10 years, more than 99% of "ALL AMERICAN" FAMILIES. So don't tell us what we are entitled and what we are not entitled for, because that's ridiculous.
.
Nor are you entitled to anything besides what they chose to bestow.
Remember that.
No one asked anyone to come to this country. But when we came here few years back, we were told that there are set of procedures in place to get green card. Congress never intended to make people for 10 years to get their green cards. So no one asked us that wait for 10 years either. But we paid taxes for all those 10 years. And my tax $$$, government has decided to bailout banks telling them not to hire me. Again, no one asked me how they will spend my tax $$$ just like no one asked me to come to this country.
Sense of entitlement comes from sense of connection and sense of what we deserve. I am entitled to permanent residency because my wife and I have paid around 1/2 million in taxes in last 10 years, more than 99% of "ALL AMERICAN" FAMILIES. So don't tell us what we are entitled and what we are not entitled for, because that's ridiculous.
.
GCard_Dream
12-13 01:18 PM
I am sure this topic will come up again and again when new members join. We recently had quite a few (over a thousand) new members join IV and as the word gets around, there will be even more interest in IV and new members/non-members will visit the site and ask questions. I don't think we should expect everyone (new or old members) to know everything that was discussed in this forum from day one. That's not practical.
Every few days I see a new thread that is asking for information on how to change from EB3 to EB2. There are literally hundred or so threads that talks about this issue yet still new threads pop up regularly asking the same info. This is bound to happen and can't be stopped.
If you know that a topic has been covered somewhere, making a link available would be very helpful. If you think that a certain topic is brought up on a regular basis, may be we should make that thread sticky or have that information on homepage or somewhere where it's easily accessible.
We can always argue that members can do their own search on the forum. While that's true, if we know the answer and can quickly make that available to members, I think we'll be doing a service to our members. Just a thought.
All , this subject has been raised very often and every time new members join in they start a thread and start questioning it.
- IV has indepth explored and studied this option and have found that this change is not possible administratively.
- we have not just met a lawyer. we have met few lawyers. we also have communicated with USCIS in the past.
- In the past some administrative changes have been done by USCIS, but this change cannot be done by them. All, we already had this idea long long ago and we also thought that why dont we do it if it so simple and then we dont have to go through all the legislative hurdles. But NO it cannot be done by USCIS.
- Faxing USCIS will not work. USCIS does not take policy decisions. We need to approach policy makers to get it done and that is what we are doing. By coming up with ideas, endlessly discussing despite explaination by IV and not working with IV action items we will all go in divergent directions and lose focus on the main action items we want each every member should focus. If you really feel for some idea and want to help, instead of asking IV to give explanation to every question on the forum, contact any of the active IV core members on the forum and bounce ideas. We need people with ideas and also same people willing to work on them too.
- If it was possible to get it done administratively, then in the current Skil bill push we would have/ and lawmakers would also have just asked USCIS to implement it.
Hope this explains this topic. Thanks
Every few days I see a new thread that is asking for information on how to change from EB3 to EB2. There are literally hundred or so threads that talks about this issue yet still new threads pop up regularly asking the same info. This is bound to happen and can't be stopped.
If you know that a topic has been covered somewhere, making a link available would be very helpful. If you think that a certain topic is brought up on a regular basis, may be we should make that thread sticky or have that information on homepage or somewhere where it's easily accessible.
We can always argue that members can do their own search on the forum. While that's true, if we know the answer and can quickly make that available to members, I think we'll be doing a service to our members. Just a thought.
All , this subject has been raised very often and every time new members join in they start a thread and start questioning it.
- IV has indepth explored and studied this option and have found that this change is not possible administratively.
- we have not just met a lawyer. we have met few lawyers. we also have communicated with USCIS in the past.
- In the past some administrative changes have been done by USCIS, but this change cannot be done by them. All, we already had this idea long long ago and we also thought that why dont we do it if it so simple and then we dont have to go through all the legislative hurdles. But NO it cannot be done by USCIS.
- Faxing USCIS will not work. USCIS does not take policy decisions. We need to approach policy makers to get it done and that is what we are doing. By coming up with ideas, endlessly discussing despite explaination by IV and not working with IV action items we will all go in divergent directions and lose focus on the main action items we want each every member should focus. If you really feel for some idea and want to help, instead of asking IV to give explanation to every question on the forum, contact any of the active IV core members on the forum and bounce ideas. We need people with ideas and also same people willing to work on them too.
- If it was possible to get it done administratively, then in the current Skil bill push we would have/ and lawmakers would also have just asked USCIS to implement it.
Hope this explains this topic. Thanks
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signifer123
02-15 06:20 AM
I'm sure i could but then again i have no life :P
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arsh007
01-30 03:49 PM
1. Asking employees to pay for H1 costs is not legal. It would be in violations of CFR.
2. That is also illegal. Employer cannot ask employee to pay for payroll taxes that the employer owes IRS, and too, when you are not even working. It would be an attempt to cover-up the violation of immigration law: Not paying on bench. The only alternative to all that is cancelling her H1 if she cannot find project and if they cannot pay her, but that again would cost money. Damn its too expensive to operate a business legally obeying every friggin law.
3. If you are paying for H1 (which is really not legal) what would you refund them?
So whether you want to tell them "Go to hell" depends on how much you want the job and how much bending/breaking of law can you do.
Point 3 was for the employer refunding the employee for the H1 costs after completing 6 months on project.
Well it is an accepted fact that Employers need to pay for H1 sponsorship but desi companies hardly follow the rules. Well I don't understand from you point above why paying for H1 expenses means I am breaking the law. Rather it should be the employer who is breaking the law.
2. That is also illegal. Employer cannot ask employee to pay for payroll taxes that the employer owes IRS, and too, when you are not even working. It would be an attempt to cover-up the violation of immigration law: Not paying on bench. The only alternative to all that is cancelling her H1 if she cannot find project and if they cannot pay her, but that again would cost money. Damn its too expensive to operate a business legally obeying every friggin law.
3. If you are paying for H1 (which is really not legal) what would you refund them?
So whether you want to tell them "Go to hell" depends on how much you want the job and how much bending/breaking of law can you do.
Point 3 was for the employer refunding the employee for the H1 costs after completing 6 months on project.
Well it is an accepted fact that Employers need to pay for H1 sponsorship but desi companies hardly follow the rules. Well I don't understand from you point above why paying for H1 expenses means I am breaking the law. Rather it should be the employer who is breaking the law.
mambarg
07-24 01:18 PM
With the new form available on uscis web site.
It clearly says the documents to be attached to 485 and it says employment letter as initial evidence.
So we should attach it . If not now, then you will get RFE. Why to get RFE ?
It clearly says the documents to be attached to 485 and it says employment letter as initial evidence.
So we should attach it . If not now, then you will get RFE. Why to get RFE ?
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virald
07-18 12:34 AM
^^^^^^^^^^^^
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gsc999
09-20 02:37 AM
Congratulations to all of us for having marched yesterday, I was extremely impressed with the level of organization. Salut to everyone who made it possible.
However, I have a whole bunch of points, sorry if they come out strong....
1) I absolutely agree with the 'Legal' Immigration issue, we did look as if we were immigrants and not defined as legal, I think high-skilled is secondary to the legality... This is one of the reasons I have not purchased merchandise, as it looks like it addresses immigration as such. I think banner by Chinese group exphasizing the legal aspect looked very impressive..
2) It was obvious from speeches on Monday night and yesterday (friendship between US and India comments, etc) that this is seen as an Indian issue. Unless you are trying to show it as such, something has to be done about it. Non-indians were marching with you as well, and next time effort should be made to put together Indian, Chinese and whoever else when putting pictures, RollCall for example, or talking to the press, or talking to representatives. I have expressed my desire and submitted all information to the person in charge of organizing meetings on Capitol Hill, but was not provided with this oppportunity..
Basically, it was clear that, as of now, even many representatives see the issue as Indians versus Mexicans... Not a good idea....
3) I thought that some of the signs were extremely offensive to the Americans "We brought you yahoo/hotmail/google" and as such... if I were an American contemplating about my views on the immigration, and if I were as patriotic as many Americans are, I would be upset with the messages putting down local brains...
4) It was a very impressive effort by Chinese group, thumbs up. Although very strange that so ew of them showed up. My CHinese colleague who alreday has GC and helped distribute info to his friends, told me that all 5 Chinese papers in the area had big announcements about the Rally
5) I agree with disappointment about local people, it seemed like there were many more members from CA, NY and other places than VA/MD/DC, we should all be wokring on raising awareness.
All for now
Agains, congrats to all of us
----
Good observation.
Here is my response. to point # 1 & #3.
Look, legal immigration is not just restricted to employment based immigration, it includes family based immigration. So if you say you support legal immigration that doesn't differentiate your message, infact, compared to 950K family based annual visas only 140K go to employment based legal immigrants. IV's agenda is employment based immigration. We are very clear about where we stand.
Now point # 3. No Americans are not upset about confronting the reality about Hotmail, Google and other companies that create jobs for Americans. How can they, we are a country of immigrants. These placards were carefully selected and a lot of due diligence went into their selection and all of them had a positive message.
Having said that, if you notice none of the IV members who attended the rally ever congratulated the Indian or English core members. Your post is the first post which thanks individual communities.
I agree with rest of your message and that is why we need more support from members like you to bring diversity to IV. This is not an Indian organization and we never claim it to be. We need your paricipation to prove that point.
However, I have a whole bunch of points, sorry if they come out strong....
1) I absolutely agree with the 'Legal' Immigration issue, we did look as if we were immigrants and not defined as legal, I think high-skilled is secondary to the legality... This is one of the reasons I have not purchased merchandise, as it looks like it addresses immigration as such. I think banner by Chinese group exphasizing the legal aspect looked very impressive..
2) It was obvious from speeches on Monday night and yesterday (friendship between US and India comments, etc) that this is seen as an Indian issue. Unless you are trying to show it as such, something has to be done about it. Non-indians were marching with you as well, and next time effort should be made to put together Indian, Chinese and whoever else when putting pictures, RollCall for example, or talking to the press, or talking to representatives. I have expressed my desire and submitted all information to the person in charge of organizing meetings on Capitol Hill, but was not provided with this oppportunity..
Basically, it was clear that, as of now, even many representatives see the issue as Indians versus Mexicans... Not a good idea....
3) I thought that some of the signs were extremely offensive to the Americans "We brought you yahoo/hotmail/google" and as such... if I were an American contemplating about my views on the immigration, and if I were as patriotic as many Americans are, I would be upset with the messages putting down local brains...
4) It was a very impressive effort by Chinese group, thumbs up. Although very strange that so ew of them showed up. My CHinese colleague who alreday has GC and helped distribute info to his friends, told me that all 5 Chinese papers in the area had big announcements about the Rally
5) I agree with disappointment about local people, it seemed like there were many more members from CA, NY and other places than VA/MD/DC, we should all be wokring on raising awareness.
All for now
Agains, congrats to all of us
----
Good observation.
Here is my response. to point # 1 & #3.
Look, legal immigration is not just restricted to employment based immigration, it includes family based immigration. So if you say you support legal immigration that doesn't differentiate your message, infact, compared to 950K family based annual visas only 140K go to employment based legal immigrants. IV's agenda is employment based immigration. We are very clear about where we stand.
Now point # 3. No Americans are not upset about confronting the reality about Hotmail, Google and other companies that create jobs for Americans. How can they, we are a country of immigrants. These placards were carefully selected and a lot of due diligence went into their selection and all of them had a positive message.
Having said that, if you notice none of the IV members who attended the rally ever congratulated the Indian or English core members. Your post is the first post which thanks individual communities.
I agree with rest of your message and that is why we need more support from members like you to bring diversity to IV. This is not an Indian organization and we never claim it to be. We need your paricipation to prove that point.
more...
nojoke
03-01 03:57 AM
What a lovely change. Every time Obama and his press Secy opens their mouth, markets dive into red. In this country Main Street and Wall Street are in bed with each other :-)
Obama with his sense-less economic policies, trying to separate Main Street from Wall street. Government needs to seriously lure the investors to the market , cut capital gains and taxes, take off protectionist hats and recover the economy. Then Obama can go with his socialist/populist agenda but certainly this is not the right time.:D
Stop watching faux news.
Bush has done tax cuts to the investor class and look where it has taken this country.
Obama with his sense-less economic policies, trying to separate Main Street from Wall street. Government needs to seriously lure the investors to the market , cut capital gains and taxes, take off protectionist hats and recover the economy. Then Obama can go with his socialist/populist agenda but certainly this is not the right time.:D
Stop watching faux news.
Bush has done tax cuts to the investor class and look where it has taken this country.
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hara_patta_for_rico
07-09 07:54 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...
Do you know that July 1st was a Sunday? A non-working day.
my 2 cents...
Do you know that July 1st was a Sunday? A non-working day.
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alterego
02-20 04:39 PM
Thanks for sharing your insight.
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StarSun
03-03 11:05 AM
/\/\/\/\
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h1techSlave
03-19 10:44 AM
Even if I take your figures at face value, I see a shortage of 60000 visas. This is because we need to consider that each LC will use more than one EB visa (due to family members). If I take a conservative figure that there will be one dependent for each LC candidate, we will need 200,000 EB visas for the 100,000 LCs.
85,000 PERM cases certified in 2007. 2007 is a typical heavy filing year still...
One year 140,000 EB based visas available. If some how some of the back logs are eliminated, the future looks good as 140K for a year and less than 100K labor certifications per year. If the USCIS process with maximum visa/year, it is possible.
http://www.usavisanow.com/perm07.pdf
see a chart
http://spreadsheets.google.com/pub?key=pezNTiCXNupwoSrZGE4kqcg&gid=1
85,000 PERM cases certified in 2007. 2007 is a typical heavy filing year still...
One year 140,000 EB based visas available. If some how some of the back logs are eliminated, the future looks good as 140K for a year and less than 100K labor certifications per year. If the USCIS process with maximum visa/year, it is possible.
http://www.usavisanow.com/perm07.pdf
see a chart
http://spreadsheets.google.com/pub?key=pezNTiCXNupwoSrZGE4kqcg&gid=1
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GC_dd
06-11 11:56 AM
done
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sheela
07-13 08:53 AM
Let us see the approvals trend till october. I am guessing the PD will move back to MID 2005 or 2004 by October for EB-2 India.
I don't agree. It will stay same or forward in small increments with new fiscal yr numbers available. I am saying so because EB2 I stayed for such long at 04/07 and everyone knows fewer LCs were filed/approved between 04 and 05.
I don't agree. It will stay same or forward in small increments with new fiscal yr numbers available. I am saying so because EB2 I stayed for such long at 04/07 and everyone knows fewer LCs were filed/approved between 04 and 05.
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kondur_007
06-08 07:01 PM
There is going to be no spillover to EB2 India at all because according to the thread "Employment-Based Visa Number Movement and Predictions - from current Murthy Bulletin" thread Mr. Oppenheim (the guy from the DOS who sets the visa bulletin) said that EB1, EB4 and Eb5 might also retrogress (that is have to a cut off date which means they will not be current). If EB1, EB2 and EB5 retrogress and there is no spillover from EB2 ROW and there is no spillover from Family based visas there will not be any spillover to Eb2 India at all. There is absoluetely no difference between Eb3 India and Eb2 India except that EB3 India will be stuck in 2001 and Eb2 India might be stuck either in 2002 or early 2003. We are screwed for ages to come. Dont give me red for bringing this harsh reality, I myself am depressed
Nobody should get red for expressing their thought!! So if at all I give you some, it would be only green!
coming to your point: Even in the thread you referenced to, I have posted a comment "Mr. Oppenheim's statements do not add up...his statements logically contradict each other (well you can not expect LOGIC from USCIS). and so the exact scenario will only be clarified with VB, date movements and finally, their year end statistics".
Accordingly, moving the EB2 I and C together, they have proven that "they are getting ready to spill over". Moreover, EB2 China has used up "its own quota" and will need spill over to move. EB2 ROW on the other had has not used up "its own quota" and will not need spill over (as it is current and not together with India and china). So any spill over from EB1 will come to EB2 India and China (effectively only to India). And if EB2 ROW does not use up their remaining numbers (which they have not so far) during the rest of fiscal year they will also spill to EB2 India.
Now as far as future of EB2 vs EB3 is concerned, I personally believe (and this is just my personal belief....) that unless EB1 (specially EB1C) gets oversubscribed (as mentioned in other threads), EB2 should move quickly during next fiscal year. EB1 usage can only be known from year end data as and when they publish it.
Nobody should get red for expressing their thought!! So if at all I give you some, it would be only green!
coming to your point: Even in the thread you referenced to, I have posted a comment "Mr. Oppenheim's statements do not add up...his statements logically contradict each other (well you can not expect LOGIC from USCIS). and so the exact scenario will only be clarified with VB, date movements and finally, their year end statistics".
Accordingly, moving the EB2 I and C together, they have proven that "they are getting ready to spill over". Moreover, EB2 China has used up "its own quota" and will need spill over to move. EB2 ROW on the other had has not used up "its own quota" and will not need spill over (as it is current and not together with India and china). So any spill over from EB1 will come to EB2 India and China (effectively only to India). And if EB2 ROW does not use up their remaining numbers (which they have not so far) during the rest of fiscal year they will also spill to EB2 India.
Now as far as future of EB2 vs EB3 is concerned, I personally believe (and this is just my personal belief....) that unless EB1 (specially EB1C) gets oversubscribed (as mentioned in other threads), EB2 should move quickly during next fiscal year. EB1 usage can only be known from year end data as and when they publish it.
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Legal
07-13 04:49 PM
If they can approve ~ 150 k total EB cases per year @ ~12,500 / month, with EB3 used up for the remainder of this year, they can definitely process at least 25 k during Aug and Sep.
They adjudicated lot more 485s than 25 K last year. This massive adjudication was the reason behind threatened withdrawal of July 07 bulletin.
They adjudicated lot more 485s than 25 K last year. This massive adjudication was the reason behind threatened withdrawal of July 07 bulletin.
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ajthakur
07-14 05:47 PM
Should I send a AC21 letter to USCIS along with my new employment letter?
Who is the best attorney for such cases?
Is it possible that my prevous employer hasn't revoked 140? How can I know that? I have received RFE after one year after filing the case. Is there any way I can know the date when my previous employer did revoke the 140 ( in case he did)?
ajthakur,
Your best bet if USCIS let you do the AC-21 switching and use the employment letter from the new EMployer who is sponsoring your H1B visa, if u dont respond to this RFE they may very well deny your I-485, remember the I-485 is dependent for at least 180 days on the underlying I-140 petition filed by the GC sponsoring employer, after 180 days you are free to take new job position in the similar field with same salary mentioned in your approved LC or salary greater than the one on aprroved LC.
Hope this helps...I am not an attorney, but thought my few cents might help you.
Who is the best attorney for such cases?
Is it possible that my prevous employer hasn't revoked 140? How can I know that? I have received RFE after one year after filing the case. Is there any way I can know the date when my previous employer did revoke the 140 ( in case he did)?
ajthakur,
Your best bet if USCIS let you do the AC-21 switching and use the employment letter from the new EMployer who is sponsoring your H1B visa, if u dont respond to this RFE they may very well deny your I-485, remember the I-485 is dependent for at least 180 days on the underlying I-140 petition filed by the GC sponsoring employer, after 180 days you are free to take new job position in the similar field with same salary mentioned in your approved LC or salary greater than the one on aprroved LC.
Hope this helps...I am not an attorney, but thought my few cents might help you.
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coopheal
04-09 05:47 PM
Wiki updated to include May VB.
Past Visa Bulletin Data - Immigration Wiki (http://immigrationvoice.org/wiki/index.php/Past_Visa_Bulletin_Data)
Past Visa Bulletin Data - Immigration Wiki (http://immigrationvoice.org/wiki/index.php/Past_Visa_Bulletin_Data)
Jaime
09-10 12:45 PM
No in-state tuition for legals (only for illegals) - You are a legal high-skilled immigrant and have played by all the rules while contributing greatly to the economy, yet your children are not eligible for in-state tuition, while the children of illegal aliens ARE!!!!!
gc_on_demand
02-11 01:15 PM
The visa numbers reported as used for FY 2009 is 141,020 from http://www.travel.state.gov/pdf/FY09...ort_TableV.pdf
This was the response i got from Ron Gotcher.
"The employment based category is entitled to use the "unused" family based numbers from the previous year. Last year, the quota for EB was the base of 140,000, plus another 13,000 shifted over from FB. Unfortunately, the CIS failed once again to approve enough cases to use up the entire available quota."
If this is true, we have lost a lot of visas last year.
Now with aprox. 10,000 visas shifted from FB, we should hope they use about 150,000 (140,000 + 10,000) this year.
Is there a way to confirm this? We got to do something to resolve this problem
Those extra 13k visas are very very helpful Vin13. That will reduce backlog for almost 8 months for Eb2 or Eb3 where ever it will go. Nice job in finding it out. We are ready to fight against USCIS / DOS for that waste . Just one small favor .. Can you get some sort of proof from Ron about this 13k ? May be any link on DOS site or any PDF or anything which is credible not just word. Once again thanks a lot for finding this out
This was the response i got from Ron Gotcher.
"The employment based category is entitled to use the "unused" family based numbers from the previous year. Last year, the quota for EB was the base of 140,000, plus another 13,000 shifted over from FB. Unfortunately, the CIS failed once again to approve enough cases to use up the entire available quota."
If this is true, we have lost a lot of visas last year.
Now with aprox. 10,000 visas shifted from FB, we should hope they use about 150,000 (140,000 + 10,000) this year.
Is there a way to confirm this? We got to do something to resolve this problem
Those extra 13k visas are very very helpful Vin13. That will reduce backlog for almost 8 months for Eb2 or Eb3 where ever it will go. Nice job in finding it out. We are ready to fight against USCIS / DOS for that waste . Just one small favor .. Can you get some sort of proof from Ron about this 13k ? May be any link on DOS site or any PDF or anything which is credible not just word. Once again thanks a lot for finding this out
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