nixstor
07-04 09:33 PM
[QUOTE=nixstor]Excellent analysis but it does have flaws
I am sure you might have read this from murthy's website (http://www.murthy.com/news/n_dosebn.html) or not, but DOS/CA/VO officials shared this piece with them. As per the above article, final quarter quota should not open until Jul 2nd. I understand that agencies can implement and interpret certain stuff, but you cannot interpret and implement one thing on Jun 13th and another on Jul 2nd. If its written into law, that the quarterly allocation is a must, USCIS is in violation and DOS/CA/VO as well for not policing them of visa number usage.
"Essentially, the numbers are spread out during the first three quarters and whatever is left is available during the last quarter"
On reading the Murthy article it appears that the biggest mistake USCIS committed was using up the visa numbers before the 4th qtr began on 7/2/07.
USCIS did it other way around...desparately rushed to use up the numbers before the 4th qtr began....only explanation is to avoid doing additional paperwork for the July filers...
Its not the paper work guys. They will love the money on EAD & AP. Its the huge backlog that will remain for ever on their hump unless a recapture occurs. Due to lack of communication or what ever, DOS made every category current. The only way they can escape from accepting our applications is by using up all numbers. Thats what they essentially did. AFAIK, DOS gets updates from USCIS and CP's across the world about the number of visas they have used in the past month. DOS then prepares the VB. Assuming USCIS told DOS that they have used 80/90K for the fiscal year so far, DOS is left with 60/50K for the last quarter of the fiscal year. How can DOS imagine/understand availability of 50/60k visas to be less demand for EB categories? This is what exactly the initial July VB said and we were all stupefied. They know this in and out and a simple request for pending number of 485's from years, approved & pending 140's since retrogression hit & that do not have a adjoining 485 should come out conservatively to 150-200K. Does DOS ask this as a part of their monthly information gathering process? Yes, they does is the simple answer. Then what led to the making VB current is the esoteric Q here. USCIS will have allocated the numbers at their own pace if the VB was not made current. As the VB was made current, USCIS was forced to use all the numbers and say that there are no numbers. Unless, we hear more stuff from the offices of DOS/USCIS in response to Rep Lofgren, every thing will be speculation.
I am sure you might have read this from murthy's website (http://www.murthy.com/news/n_dosebn.html) or not, but DOS/CA/VO officials shared this piece with them. As per the above article, final quarter quota should not open until Jul 2nd. I understand that agencies can implement and interpret certain stuff, but you cannot interpret and implement one thing on Jun 13th and another on Jul 2nd. If its written into law, that the quarterly allocation is a must, USCIS is in violation and DOS/CA/VO as well for not policing them of visa number usage.
"Essentially, the numbers are spread out during the first three quarters and whatever is left is available during the last quarter"
On reading the Murthy article it appears that the biggest mistake USCIS committed was using up the visa numbers before the 4th qtr began on 7/2/07.
USCIS did it other way around...desparately rushed to use up the numbers before the 4th qtr began....only explanation is to avoid doing additional paperwork for the July filers...
Its not the paper work guys. They will love the money on EAD & AP. Its the huge backlog that will remain for ever on their hump unless a recapture occurs. Due to lack of communication or what ever, DOS made every category current. The only way they can escape from accepting our applications is by using up all numbers. Thats what they essentially did. AFAIK, DOS gets updates from USCIS and CP's across the world about the number of visas they have used in the past month. DOS then prepares the VB. Assuming USCIS told DOS that they have used 80/90K for the fiscal year so far, DOS is left with 60/50K for the last quarter of the fiscal year. How can DOS imagine/understand availability of 50/60k visas to be less demand for EB categories? This is what exactly the initial July VB said and we were all stupefied. They know this in and out and a simple request for pending number of 485's from years, approved & pending 140's since retrogression hit & that do not have a adjoining 485 should come out conservatively to 150-200K. Does DOS ask this as a part of their monthly information gathering process? Yes, they does is the simple answer. Then what led to the making VB current is the esoteric Q here. USCIS will have allocated the numbers at their own pace if the VB was not made current. As the VB was made current, USCIS was forced to use all the numbers and say that there are no numbers. Unless, we hear more stuff from the offices of DOS/USCIS in response to Rep Lofgren, every thing will be speculation.
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dilber
07-20 05:37 AM
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?
EB2 has been on or Apr 2004 for a long time so all the ones before should have got the GC or at least most would have when we are calculation numbers for calculating retrogation We have to consider the numbers in in a particular category 11000 number as you say includes all the EB categories you have to discount out the EB1's because they have got their GCs long back. EB3 will also have to cut out form the calculation because they are not being counted. even if you consider 40% of these to be EB2 (a conservative estimate) then total GC needed including the dependents will be closer to 11000 (Total not just primary) and as Vdlrao and others have shown there should be more than this number available in this fiscal year alone. So I will have to agree with them that the numbers will go back but not all the way to Apr 2004 It should easily come in 2005 range may even come to 2006 since there were very few cases applied during 2005. Also can some one let me know if during 2005 when perm was instigated was regular labor processing also going on or was it completed stopped during that time.
Also conversations will affect this because people converting from EB3 to EB2 will make sure that they port their priority dates and hence if say all the EB3 people from 2003 convert to EB2 and successfully port their dates it will definitely push the dates south of 2003. Did I make sense???
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?
EB2 has been on or Apr 2004 for a long time so all the ones before should have got the GC or at least most would have when we are calculation numbers for calculating retrogation We have to consider the numbers in in a particular category 11000 number as you say includes all the EB categories you have to discount out the EB1's because they have got their GCs long back. EB3 will also have to cut out form the calculation because they are not being counted. even if you consider 40% of these to be EB2 (a conservative estimate) then total GC needed including the dependents will be closer to 11000 (Total not just primary) and as Vdlrao and others have shown there should be more than this number available in this fiscal year alone. So I will have to agree with them that the numbers will go back but not all the way to Apr 2004 It should easily come in 2005 range may even come to 2006 since there were very few cases applied during 2005. Also can some one let me know if during 2005 when perm was instigated was regular labor processing also going on or was it completed stopped during that time.
Also conversations will affect this because people converting from EB3 to EB2 will make sure that they port their priority dates and hence if say all the EB3 people from 2003 convert to EB2 and successfully port their dates it will definitely push the dates south of 2003. Did I make sense???
cableching
07-11 03:02 PM
I think movement in EB-3 for India nad Chine will be difficult, as most of the folks from ROW apply under EB3 and most of the applicants in EB2 are from India and Chine?
As a result EB-3 quota is used up easily and the per country limits apply for Indians and Chinese. Where as for EB-2, the per country limits do not apply as the ROW applicants are not that many.
As a result EB-3 quota is used up easily and the per country limits apply for Indians and Chinese. Where as for EB-2, the per country limits do not apply as the ROW applicants are not that many.
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aka
04-24 12:12 PM
Congrats Googler, you have given so much to this community. You totally deserve the good news! Have a couple of cold ones on us...
more...
njboy
04-04 03:41 PM
if this bill is signed into law...most desi consultant companies with one h4 aunty doing the accounting work + recruiting + administrative work will have to shut down
Canadian_Dream
11-17 06:00 PM
Yes as long as you have an approved I-140 you can continue to extend H1B beyond 6 years.
The issue is not the extensions, but changing the job when you are on one of these extensions. This issue has been raised numerous times in the forums but so far things are still very murky, esp pertaining to the following:
1. What happens to your H1B status after you change your job, and then your previous employer revokes your I-140. ( To subsitute labor for someone else or simply as a matter of corporate proceudre)
2. Is your H1B status depend on the I-140 on which the extension is granted ?
So far these questions aren't answered clearly by lawyers or USCIS or folks in these forums. I hope it gets clarfied soon, becasue implications of the above cases could be as far reaching as being "out of status".
What do you mean by "Most people have run out of H1B and will have to change jobs on the extensions"? I thought that as long as you have a approved I-140, you could continue to extend your H1-B beyond the 6 years while you are waiting for your PD to be current. Isn't this true? Please explain.
The issue is not the extensions, but changing the job when you are on one of these extensions. This issue has been raised numerous times in the forums but so far things are still very murky, esp pertaining to the following:
1. What happens to your H1B status after you change your job, and then your previous employer revokes your I-140. ( To subsitute labor for someone else or simply as a matter of corporate proceudre)
2. Is your H1B status depend on the I-140 on which the extension is granted ?
So far these questions aren't answered clearly by lawyers or USCIS or folks in these forums. I hope it gets clarfied soon, becasue implications of the above cases could be as far reaching as being "out of status".
What do you mean by "Most people have run out of H1B and will have to change jobs on the extensions"? I thought that as long as you have a approved I-140, you could continue to extend your H1-B beyond the 6 years while you are waiting for your PD to be current. Isn't this true? Please explain.
more...
gc28262
12-20 07:18 PM
Your first paragraph is wrong. If you are not working, then you are out of status. Regardless of whether your employer formally terminated employment and formally cancelled your H1B. Out of status means staying in USA legally, but not doing what you are supposed to be doing. If you dont attend classes and go to college when on student visa, you are out of status even though you are legally present.
?
I am not convinced about this part. Do you have any link to some USCIS rule/document regarding this ?
As per my understanding H1B employee becomes "out of status" when the employer-employee relationship cease to exist ( laid off )
?
I am not convinced about this part. Do you have any link to some USCIS rule/document regarding this ?
As per my understanding H1B employee becomes "out of status" when the employer-employee relationship cease to exist ( laid off )
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hibworker
05-23 05:52 PM
You hear about the 1 crore offers that IIM students get from top American companies? Well, they are kicked out of the job in 1 year and then join Infosys or Wipro. Not because they are not brilliant but because their conversational skills are terrible and so is their language.
Really - and what anecdotal / statistical evidence do you have to make such claims?
I agree that typical MBA jobs require more human interaction than an IT/engineering job and hence it is important to understand the host culture in which you operate - but making claims that IIM grads get kicked out after a year are BS.
Really - and what anecdotal / statistical evidence do you have to make such claims?
I agree that typical MBA jobs require more human interaction than an IT/engineering job and hence it is important to understand the host culture in which you operate - but making claims that IIM grads get kicked out after a year are BS.
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TexDBoy
09-10 02:03 PM
Committee is still assembling .. proceedings not started yet after recess ..
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villamonte6100
09-26 12:50 PM
its illegal to take color photocopies of driver licences, ONLY send b/w
You dont make sense.
There is no law that says it is illegal to take color photocopies of driver license.
I've done that many times.
You dont make sense.
There is no law that says it is illegal to take color photocopies of driver license.
I've done that many times.
more...
vgayalu
11-02 02:45 PM
any one got approval after submitting recent RFE?
In my kids case after one week we got approval notice. In general it takes two / three days.
In my kids case after one week we got approval notice. In general it takes two / three days.
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anilsal
07-18 12:48 AM
Plus the July 2nd bulletin has been reversed (meaning totally void). So the July 2nd filers should be ok. Infact there is a grim possibility that you may be assigned the remaining yearly visa numbers (as per Greg Siskind's blog entry).
Instead of really worrying, why don't you become a paid member of IV on a monthly recurring basis? This way you are supporting the IV cause (which is your/our cause).
Instead of really worrying, why don't you become a paid member of IV on a monthly recurring basis? This way you are supporting the IV cause (which is your/our cause).
more...
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venkygct
07-02 07:31 PM
Contributed : 100 couple of hours back
Order Details - Jul 2, 2007 11:49 GMT-07:00
Google Order #516773533199673
Order Details - Jul 2, 2007 11:49 GMT-07:00
Google Order #516773533199673
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ps57002
09-19 03:52 PM
I checked LIV.org, this domain name is available for sale....we need to see if we can get this.....
I like it cause it sounds like "Live life"...and we want to live as well and not be stuck in limbo of this process for GC.
I like it cause it sounds like "Live life"...and we want to live as well and not be stuck in limbo of this process for GC.
more...
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ek_bechara
09-10 05:33 PM
Citizenship? LOL... you made my day.
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vsrinir
11-11 04:47 PM
Immigration Reform Rally Planned For January
11/11/2008 2:57 PM ET
TOP MARKET NEWS
(RTTNews) - A coalition of immigrant advocacy organizations is planning a mass rally in Washington on the first full day of the Obama Administration to push for immigration reform.
Hoping to draw tens of thousands of immigrants and supporters from around the country and around the region, coalition leaders said they would push the new Congress and administration for "just" and "humane" reform of the nation's immigration laws.
"We are looking for humane immigration reform … less punitive laws," said Jessica Alvarez, co-chairwoman of the National Capital Immigrant Coalition.
Alvarez said the coalition is hoping to build on the electoral efforts of the immigrant community, noting that the Latino vote was up 30 percent this year from the 2004 presidential election.
"The immigrant community has embraced the spirit of hope and democracy surrounding this historic election," Alvarez said. "We helped them get here. We also need our issues addressed."
Speaking with RTTNews after a press conference to announce the rally, Alvarez conceded that immigration reform has been a "thorny" issue that could be difficult for the Obama Administration to tackle early on.
However, she argued that immigration issues are central to the country's economic recovery.
"The economy's priorities are around families, around jobs, around the welfare of our communities," Alvarez said. "That's exactly what immigration reform will bring to our communities."
She added, "Immigration reform will bring a clear picture for our economy."
In addition to a less punitive attitude for those who have entered the country illegally, the coalition is also seeking stricter enforcement of labor laws to reduce incentives for employers to exploit immigrants, said Angelica Salas of the Fair Immigration Reform Movement.
"We want more enforcement of labor laws. That way you take away the advantage of unscrupulous employers and put everybody on a level playing field," she said.
by RTT Staff Writer
http://www.rttnews.com/Content/PoliticalNews.aspx?Node=B1&Id=772155
11/11/2008 2:57 PM ET
TOP MARKET NEWS
(RTTNews) - A coalition of immigrant advocacy organizations is planning a mass rally in Washington on the first full day of the Obama Administration to push for immigration reform.
Hoping to draw tens of thousands of immigrants and supporters from around the country and around the region, coalition leaders said they would push the new Congress and administration for "just" and "humane" reform of the nation's immigration laws.
"We are looking for humane immigration reform … less punitive laws," said Jessica Alvarez, co-chairwoman of the National Capital Immigrant Coalition.
Alvarez said the coalition is hoping to build on the electoral efforts of the immigrant community, noting that the Latino vote was up 30 percent this year from the 2004 presidential election.
"The immigrant community has embraced the spirit of hope and democracy surrounding this historic election," Alvarez said. "We helped them get here. We also need our issues addressed."
Speaking with RTTNews after a press conference to announce the rally, Alvarez conceded that immigration reform has been a "thorny" issue that could be difficult for the Obama Administration to tackle early on.
However, she argued that immigration issues are central to the country's economic recovery.
"The economy's priorities are around families, around jobs, around the welfare of our communities," Alvarez said. "That's exactly what immigration reform will bring to our communities."
She added, "Immigration reform will bring a clear picture for our economy."
In addition to a less punitive attitude for those who have entered the country illegally, the coalition is also seeking stricter enforcement of labor laws to reduce incentives for employers to exploit immigrants, said Angelica Salas of the Fair Immigration Reform Movement.
"We want more enforcement of labor laws. That way you take away the advantage of unscrupulous employers and put everybody on a level playing field," she said.
by RTT Staff Writer
http://www.rttnews.com/Content/PoliticalNews.aspx?Node=B1&Id=772155
more...
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go_gc_way
12-27 08:53 PM
Thank you,Perm2GC, cshen, you folks are simply EXCELLENT.
Thank you srikond, ofcourse your idea is interesting, you can probably assess it in detail further and let IV forum know.
Thanks to sbeyyala for taking the initiative to talk to association. Thanks srikondoji ,we_can,rajesh_kamisetti.
Thank you for implementing the IV action item to increase membership towards 10,000.
I think you folks here have set a great example by following the idea, just like some of our friends on the more contributing threads. We have good leadership and combined it with a good followers/contributors like you , may be we will be getting what we want :-)
I have noticed on murthy.com, the postings did not mention immigrationvoice.com, we need to post the url of immigration voice in the same postings.
So far we have posted on the following web sites ..
www.mitbbs.com,
www.desigate.com,
www.viaindia.com,
www.chicagosamachar.com
www.sulekha.com
dallas.eknazar.com
www.indiagrid.com
murthyforum.atinfopop.com
en.enwikipedia.org
A good beginning, but this is still less than the number of states in US :-) We need to do more.
Dear IV members, who have not posted yet, please post now. Your 15 min will make a BIG difference.
Thank you srikond, ofcourse your idea is interesting, you can probably assess it in detail further and let IV forum know.
Thanks to sbeyyala for taking the initiative to talk to association. Thanks srikondoji ,we_can,rajesh_kamisetti.
Thank you for implementing the IV action item to increase membership towards 10,000.
I think you folks here have set a great example by following the idea, just like some of our friends on the more contributing threads. We have good leadership and combined it with a good followers/contributors like you , may be we will be getting what we want :-)
I have noticed on murthy.com, the postings did not mention immigrationvoice.com, we need to post the url of immigration voice in the same postings.
So far we have posted on the following web sites ..
www.mitbbs.com,
www.desigate.com,
www.viaindia.com,
www.chicagosamachar.com
www.sulekha.com
dallas.eknazar.com
www.indiagrid.com
murthyforum.atinfopop.com
en.enwikipedia.org
A good beginning, but this is still less than the number of states in US :-) We need to do more.
Dear IV members, who have not posted yet, please post now. Your 15 min will make a BIG difference.
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saro28
07-12 06:48 PM
Same boat as you! Legally in this country for more than 11 years! Hope they approve on time. Debating whether to extend the EAD or wait for the card
understandably so.. but I am now current after a looooong time. EB3 Dec 2001 PD. I can finally file the AOS for my wife who has been on H4 for the last 2 yrs... excellent!
understandably so.. but I am now current after a looooong time. EB3 Dec 2001 PD. I can finally file the AOS for my wife who has been on H4 for the last 2 yrs... excellent!
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indigokiwi
03-04 08:43 AM
^^^^^^^^^
Green.Tech
03-03 04:43 PM
That is option # 2
No, it's not!
I know guys who are going to buy a houses shortly and are not worried about EAD/GC/any of the GC related stuff, and their PD's are in 2006, 2007.
No, it's not!
I know guys who are going to buy a houses shortly and are not worried about EAD/GC/any of the GC related stuff, and their PD's are in 2006, 2007.
desi3933
01-30 09:07 PM
.....
....
She has worked only 1 month in 2009 this will be reflected on 2009 w-2. I have couple of questions:
Will she be considered as "out of status" from Feb 1 to April end?
.....
.....
Before I answer your questions, I have couple of them -
Will she get paid starting Feb 1st? If no, why not. Please explain.
Will she on unpaid leave?
Will she still be Full Time Employee?
....
She has worked only 1 month in 2009 this will be reflected on 2009 w-2. I have couple of questions:
Will she be considered as "out of status" from Feb 1 to April end?
.....
.....
Before I answer your questions, I have couple of them -
Will she get paid starting Feb 1st? If no, why not. Please explain.
Will she on unpaid leave?
Will she still be Full Time Employee?
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