byeusa
07-11 03:28 PM
http://www.computerworld.com/action/article.do?command=viewArticleBasic&articleId=9026820&source=NLT_PM&nlid=8
Check this out. Pls forward this article to Ron Hira, Berney Sanders John Maino for them helping Microsoft in opening this office in Vancouver
Check this out. Pls forward this article to Ron Hira, Berney Sanders John Maino for them helping Microsoft in opening this office in Vancouver
wallpaper Bridget Marquardt
Miya Maqbool
07-16 06:20 PM
Hi,
I am employed by comp A and have completed 5 yrs on my current H1B. Comp A filed for my I 140 which was approved in Aug 2006. I got a 3 yr extension on that H1B till jul 2010. However, this I 140 was revoked in Jul 2007.
Now I want to do a H1B transfer to comp "B". Can I file for transfer till 2010 July even if the original I 140 is cancelled/revoked? Or am I eligible for only filing for remainder of 1 year?
Regards
I am employed by comp A and have completed 5 yrs on my current H1B. Comp A filed for my I 140 which was approved in Aug 2006. I got a 3 yr extension on that H1B till jul 2010. However, this I 140 was revoked in Jul 2007.
Now I want to do a H1B transfer to comp "B". Can I file for transfer till 2010 July even if the original I 140 is cancelled/revoked? Or am I eligible for only filing for remainder of 1 year?
Regards
snathan
08-17 12:21 PM
So, lets stop this here :)
SRK says - it is a procedure but it isn an unfortunate procedure. Which in my opinion is true.
I did go through secondary inspection once in Atlanta, GA back in 2004 and it was kinda absurd. My name did not flash on computer but here is what this officer told me "Something wrong with the Chennai computer they have not uploaded your visa information. Did you really get this visa from Chennai Consulate?". Well, being a software engineer, I did understand that it is a system glitch but what can I do? I showed him my i 797 and all documents including EVL etc..... and he said i have to go through secondary inspection. Then at thesecondary inspection they asked me if I picked my luggage, I was taken aback because u r allowed to pick luggage only after the clearance and I said "no". they had a separate "officials only elevator" to baggage claim and asked me to go through that and bring my baggage and I did that. They asked me to open my bags and I did that. Then asked me which service center approved my h1b visa? I said texas. they looked up on their computer for a while and then took my i 797, tore the i 94 portion folded it and stapled it along with the white i 94 card and said I can go. But I decided to get some clarification and I politely asked the officer, why did I have to go through this? She politely said "It is a process". I asked why did she tear the i 94 portion of my i 797 and staple it to my passport? Do I have to keep it and what is the significance. She wanted to get me off her shoulder without asking questions and said "Yes, it has to be there, it is a proof, thank you and do let me know if you have any more questions" and smiled.
While we all debate that procedures are followd in best interests of national security, at times we must also understand what these procedures are and how do they help.
Some argued that because of tight security another 9/11 could be averted.
Some argued that SRK is no VIP.
In my opinion SRK is "no matter what" a star and an icon. Those who trash him, must understand that people like him have capabilities that u or I lack and thest why he is such a star. They can win hearts of people "children, adults, youth" they can entertain you and make you happy and on top of it al for them it is life and career path and they are best possible candidates for ambassadors for anything ranging from peace to disease to unity etc.... everything because of their charm.
SRK managed to get DHS officials to speak and atleast give a statement which we as a community never managed to but we accept all this as part of life and think why should this guy not be treated like us.
Folks - it is not easy to become a star and gain all this popularity - it is challenging which includes a lot of dedication, efforts, luck, timing and so many different things people have to do. Life of stars is not that rosy as they "smile" and wave to people. For them every minute and second is a challenge - they are not like American Lawyers or Doctors who have ABA or AMA who control the flow and competition always keep theem rich.
The world is a small place and we all have to wake up to reality. Prof Gates gained such traction because he was having contacts with the president. Now if not for his incident, and not for the President vouching for him we would accept "it is how things are and live with it"
We accept everything and say "it is how things are" at workplaces, or anywhere we put ourselves down and say "It is a part of culture" we have to live with it.
The issue with us all is "We are highly educated and talented" but we never learned those lessons in schools where we stand up for causes - we are ready to blame and bash the victim - this is what exactly we do because first thing - we do not respect a victim, as it is not "us" and when it happens to us - we tend to live with it and not discuss it or do something about it.
So folks lets stop it here. Stop blaming SRK or CBP. If you do not want to see his movie, no one is forcing you to.
Things do happen for a reason, and it all depends to how you face situations like this in your life. Look at such incidents to get an idea of how to deal with things.
People can not expect to be treated special because they are charming to some group or more. There are hell a lot of people with special talent and each and every one expecting to be treated in a special way...then there is no need for that procedure. If SRK is started crying when the common people going through the ordeal...well thats makes the difference between the real start and a moron.
SRK says - it is a procedure but it isn an unfortunate procedure. Which in my opinion is true.
I did go through secondary inspection once in Atlanta, GA back in 2004 and it was kinda absurd. My name did not flash on computer but here is what this officer told me "Something wrong with the Chennai computer they have not uploaded your visa information. Did you really get this visa from Chennai Consulate?". Well, being a software engineer, I did understand that it is a system glitch but what can I do? I showed him my i 797 and all documents including EVL etc..... and he said i have to go through secondary inspection. Then at thesecondary inspection they asked me if I picked my luggage, I was taken aback because u r allowed to pick luggage only after the clearance and I said "no". they had a separate "officials only elevator" to baggage claim and asked me to go through that and bring my baggage and I did that. They asked me to open my bags and I did that. Then asked me which service center approved my h1b visa? I said texas. they looked up on their computer for a while and then took my i 797, tore the i 94 portion folded it and stapled it along with the white i 94 card and said I can go. But I decided to get some clarification and I politely asked the officer, why did I have to go through this? She politely said "It is a process". I asked why did she tear the i 94 portion of my i 797 and staple it to my passport? Do I have to keep it and what is the significance. She wanted to get me off her shoulder without asking questions and said "Yes, it has to be there, it is a proof, thank you and do let me know if you have any more questions" and smiled.
While we all debate that procedures are followd in best interests of national security, at times we must also understand what these procedures are and how do they help.
Some argued that because of tight security another 9/11 could be averted.
Some argued that SRK is no VIP.
In my opinion SRK is "no matter what" a star and an icon. Those who trash him, must understand that people like him have capabilities that u or I lack and thest why he is such a star. They can win hearts of people "children, adults, youth" they can entertain you and make you happy and on top of it al for them it is life and career path and they are best possible candidates for ambassadors for anything ranging from peace to disease to unity etc.... everything because of their charm.
SRK managed to get DHS officials to speak and atleast give a statement which we as a community never managed to but we accept all this as part of life and think why should this guy not be treated like us.
Folks - it is not easy to become a star and gain all this popularity - it is challenging which includes a lot of dedication, efforts, luck, timing and so many different things people have to do. Life of stars is not that rosy as they "smile" and wave to people. For them every minute and second is a challenge - they are not like American Lawyers or Doctors who have ABA or AMA who control the flow and competition always keep theem rich.
The world is a small place and we all have to wake up to reality. Prof Gates gained such traction because he was having contacts with the president. Now if not for his incident, and not for the President vouching for him we would accept "it is how things are and live with it"
We accept everything and say "it is how things are" at workplaces, or anywhere we put ourselves down and say "It is a part of culture" we have to live with it.
The issue with us all is "We are highly educated and talented" but we never learned those lessons in schools where we stand up for causes - we are ready to blame and bash the victim - this is what exactly we do because first thing - we do not respect a victim, as it is not "us" and when it happens to us - we tend to live with it and not discuss it or do something about it.
So folks lets stop it here. Stop blaming SRK or CBP. If you do not want to see his movie, no one is forcing you to.
Things do happen for a reason, and it all depends to how you face situations like this in your life. Look at such incidents to get an idea of how to deal with things.
People can not expect to be treated special because they are charming to some group or more. There are hell a lot of people with special talent and each and every one expecting to be treated in a special way...then there is no need for that procedure. If SRK is started crying when the common people going through the ordeal...well thats makes the difference between the real start and a moron.
2011 Bridget Marquardt
longq
02-14 12:50 PM
The entire discussion by EB3-ROW guys want to preserve those recaptured unused numbers in 2000 only for EB3-ROW for ever. As I mentioned earlier, the purpose of that recapture is to eliminate backlog in 1999. India and China were only the two countries backlogged at that point. USCIS could do that job only in 2005. You guys want a controlled allocation of recaptured numbers for years and years with the simple intension of EB3-ROW always should be current. I understand that urge. However, you guys forget the reality. EB3 demand is huge due to 245i. The real demand for EB2 always very less. (The real demand for EB2 is when EB3 were current). Now everyone is going to EB2. I feel that is the reason why EB2-India and China getting penalized as DOS took the law in their own hand. Now EB2 guys are victimized. Do not blame India and China took more numbers. The real fact is EB3-ROW is enjoying with the expense of EB2.
Furthermore all this mess is due cumulative results allowing 245i without increasing visa numbers (this is major one), failure of DOL in processing LC in time, USCIS inefficiency, dealy in processing 485 due to 911, abuse in labor substitution, abuse of massive filing of GC by body shoppers with out a bonafide permanent positions or ability to pay, opening a firms in fast labor processing states just to file GC etc. The list for this mess is end less. No one wants to fix that. If they fix everything, there will be less demand for EB3 visas. Furthermore some thing can not be fixed. One can not request/litigate DOL or USCIS to process the LC or 485 fast. Therefore, everyone in EB3 has to wait. Other option is to educate the law makers the problems due to this mess to fix those. Everyone wants CIR/SKIL bill and no one wants to fix the current system and abuse. So, one has to wait, wait, wait..
Furthermore all this mess is due cumulative results allowing 245i without increasing visa numbers (this is major one), failure of DOL in processing LC in time, USCIS inefficiency, dealy in processing 485 due to 911, abuse in labor substitution, abuse of massive filing of GC by body shoppers with out a bonafide permanent positions or ability to pay, opening a firms in fast labor processing states just to file GC etc. The list for this mess is end less. No one wants to fix that. If they fix everything, there will be less demand for EB3 visas. Furthermore some thing can not be fixed. One can not request/litigate DOL or USCIS to process the LC or 485 fast. Therefore, everyone in EB3 has to wait. Other option is to educate the law makers the problems due to this mess to fix those. Everyone wants CIR/SKIL bill and no one wants to fix the current system and abuse. So, one has to wait, wait, wait..
more...
snathan
01-24 02:16 PM
Kindly visit this forum
USCIS new memo on Employer-Employee relationship - Topic Powered by Infopop (http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=4234032861&m=1181028202&p=2)
and see yourself how people differ on this memo. It seems so many people are happy about this memo for the following reason:
1. They are not affected by this memo ( for sure ).
2. They are fed up with Body Shoppers.
You can not ask them to change as they have their own take on this memo.
Personally after reading so many scenarios I don't support this memo.
They may not be affected by this memo and they are day dreaming they wont be affected in the future also. This is just starting and you never know what USCIS and antis are planning. This memo is very unfair for people who are in this country 5-10 years and stuck in the GC backlog. Assume that people who are in full time fired...what they will do. Just they will run this body shop. Then they will understand what this is all about. I personally do not like people suffering for no reason.
USCIS new memo on Employer-Employee relationship - Topic Powered by Infopop (http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=4234032861&m=1181028202&p=2)
and see yourself how people differ on this memo. It seems so many people are happy about this memo for the following reason:
1. They are not affected by this memo ( for sure ).
2. They are fed up with Body Shoppers.
You can not ask them to change as they have their own take on this memo.
Personally after reading so many scenarios I don't support this memo.
They may not be affected by this memo and they are day dreaming they wont be affected in the future also. This is just starting and you never know what USCIS and antis are planning. This memo is very unfair for people who are in this country 5-10 years and stuck in the GC backlog. Assume that people who are in full time fired...what they will do. Just they will run this body shop. Then they will understand what this is all about. I personally do not like people suffering for no reason.
jhaalaa
01-15 10:36 AM
Hope the AILA and ImmigrationVoice leadership can work together to urge USCIS to post a statement explaining that the guidelines in the memo are initially meant to encourage compliance by the businesses and prevent abuse; and that the USCIS would start enforcing them starting Jan 2012 or later. Thus it may be just a matter of getting used to the extra bureaucracy.
I pray that we all get sorted sooner, so we can start focusing on other important aspects of our careers and family lives.
_____________________for those very concerned____________________
It is easy to tell others to be cool headed to think rationally, but we all agree that its true -so let us try doing so.
I personally believe that most folks shall still be fine - this includes a lot of consulting company folks. We all (everyone having/renewing/aspiring H1) need to start collecting all documentary evidences as mentioned in the memo.
If you do not already do so - start following the guidelines for what USCIS considers as proof of Employer-employee relationships - exchanging weekly status e-mails, work assignments, etc. Also please remember to save these documents more securely (possibly at more than a single location). There could be a few more hassles, for example requesting access to old deleted e-mails from server backups. Start working to get yourself copies of service level agreements and contracts between the various layers of consulting companies - after seeing this memo most HR staff would get cooperative. Provide copies of the memo to your consulting companies sales and placement staff - as they would not want to loose their commissions and thus would help persuade your managers and HR staff to start complying.
_____________________________________________
Best Wishes for all.
I pray that we all get sorted sooner, so we can start focusing on other important aspects of our careers and family lives.
_____________________for those very concerned____________________
It is easy to tell others to be cool headed to think rationally, but we all agree that its true -so let us try doing so.
I personally believe that most folks shall still be fine - this includes a lot of consulting company folks. We all (everyone having/renewing/aspiring H1) need to start collecting all documentary evidences as mentioned in the memo.
If you do not already do so - start following the guidelines for what USCIS considers as proof of Employer-employee relationships - exchanging weekly status e-mails, work assignments, etc. Also please remember to save these documents more securely (possibly at more than a single location). There could be a few more hassles, for example requesting access to old deleted e-mails from server backups. Start working to get yourself copies of service level agreements and contracts between the various layers of consulting companies - after seeing this memo most HR staff would get cooperative. Provide copies of the memo to your consulting companies sales and placement staff - as they would not want to loose their commissions and thus would help persuade your managers and HR staff to start complying.
_____________________________________________
Best Wishes for all.
more...
user1205
02-12 05:09 PM
They need to pump up more numbers otherwise getting rid of quotas doesn't help much.
Per country quota sucks big time. DOL/USCIS needs to get rid of it ASAP.
Per country quota sucks big time. DOL/USCIS needs to get rid of it ASAP.
2010 Bridget Marquardt
leoindiano
08-16 06:06 PM
guys,
why are you behind balls? Someday, if someone reads these posts, one may think, SRK was frisked to see if he really got balls.....:):o:confused:
why are you behind balls? Someday, if someone reads these posts, one may think, SRK was frisked to see if he really got balls.....:):o:confused:
more...
.jpg "ridget marquardt photo shoots")
gc_in_30_yrs
10-03 11:42 AM
Hi All,
One company offered me pre-approved labour, with PD as Dec-2004. They are mentioning that I can file i140 immediately as soon as
my H1-B transffered to new company.
I have been hearing the news about LC substitution elimination from DOL.
Has they announced any dead line for filing the Labor Substitutions ? or expecting soon.
Has they announced any validity period on approved LCs to regularise this process?
If yes - How is it going to effect my case?
Is it better to take this LC( all the criteria required for sub is matched) or apply a new labour under PERM process.
Currently I am in my first H1-B and valid till Oct 2007.
Please need experts advice in this regard.
Thanks,
BNR.
there should not be any problem for you. but it is discouraged to go for labor substitution as it is literally jumping the line. there are so many people waiting for their LC and someone came in line just now taking pd from 2004 or before will definately pisses them off. otherwise, you should be okay to take that one.
One company offered me pre-approved labour, with PD as Dec-2004. They are mentioning that I can file i140 immediately as soon as
my H1-B transffered to new company.
I have been hearing the news about LC substitution elimination from DOL.
Has they announced any dead line for filing the Labor Substitutions ? or expecting soon.
Has they announced any validity period on approved LCs to regularise this process?
If yes - How is it going to effect my case?
Is it better to take this LC( all the criteria required for sub is matched) or apply a new labour under PERM process.
Currently I am in my first H1-B and valid till Oct 2007.
Please need experts advice in this regard.
Thanks,
BNR.
there should not be any problem for you. but it is discouraged to go for labor substitution as it is literally jumping the line. there are so many people waiting for their LC and someone came in line just now taking pd from 2004 or before will definately pisses them off. otherwise, you should be okay to take that one.
hair Model Bridget Marquardt
snathan
03-30 05:47 PM
In my opinion MMS may be a nice person and may be a good economist, but it wasn't him who was running the govt. and it will not be him if he comes back again. It is a very common practice in India, a chemist will run a chemist shop but the License is in somebody else's name. Here also same thing happened, you saw Manmohan Singh on PM's chair, but it was somebody else who was running the show, and it is deception & dishonesty to your voters. I always see a "Culprit" in his eyes, which is either hiding something or is guilty. Observe him on TV, he's mostly not making too much eye contact, he know he is guilty of deception....
He also headed one of the most corrupt & criminal cabinets in the history of India. People like Taslimuddin, Shibu Soren , Jagdish Tytler, Lalu had several criminal cases against them. On the contary you may not personally Like LK Advani, It's not just him who's going to rule the country if he comes to power. It'll be the whole cabinet, most what was during Vajpayee govt. which was much cleaner & much more agressive on developmental issues, they worked on certain agendas, lot of places where you see growth, were actually the good work done by the NDA govt. You may praise Laloo for all the Railway turn around, but the reality is the foundation was layed by then Railway Minister "Nitish Kumar", AI/AI became profitable under "Rajiv Pratap Rudy" . There were people like "Suresh Prabhu", "Yashwant Sinha", "Arun Shourie", all of them did tremendous Jobs in their cabinet.
Can you tell me how many politician making eye contact in India.
He also headed one of the most corrupt & criminal cabinets in the history of India. People like Taslimuddin, Shibu Soren , Jagdish Tytler, Lalu had several criminal cases against them. On the contary you may not personally Like LK Advani, It's not just him who's going to rule the country if he comes to power. It'll be the whole cabinet, most what was during Vajpayee govt. which was much cleaner & much more agressive on developmental issues, they worked on certain agendas, lot of places where you see growth, were actually the good work done by the NDA govt. You may praise Laloo for all the Railway turn around, but the reality is the foundation was layed by then Railway Minister "Nitish Kumar", AI/AI became profitable under "Rajiv Pratap Rudy" . There were people like "Suresh Prabhu", "Yashwant Sinha", "Arun Shourie", all of them did tremendous Jobs in their cabinet.
Can you tell me how many politician making eye contact in India.
more...
chanduv23
08-17 01:26 PM
Most of the Bollywood movies are junk ( vulgar dances etc.) . As more and more people mature in the north, the market for stars like SRK will dwindle. I request everybody to follow classic Bengali/Mallu movies.
Does it matter? People love those movies.
Though we do see quality movies these days. the reason for junk is because the sheer number. They are high and thats why quality movies seem to look like they are few. Bollywood banks a lot on presentation of the movie and thats whjy they need to follow the "formula" which may look funny and absurd.
A lot of American movies are also crap, only few are worth watching.
Just like how everyone wants to code in Java, a lot of people want to get into the film industry and not everyone or everything is like what you want them to be.
What I say is "Lets stop junking things" Lets look at ourselves and see what we have achieved what the starts have not achieved
Does it matter? People love those movies.
Though we do see quality movies these days. the reason for junk is because the sheer number. They are high and thats why quality movies seem to look like they are few. Bollywood banks a lot on presentation of the movie and thats whjy they need to follow the "formula" which may look funny and absurd.
A lot of American movies are also crap, only few are worth watching.
Just like how everyone wants to code in Java, a lot of people want to get into the film industry and not everyone or everything is like what you want them to be.
What I say is "Lets stop junking things" Lets look at ourselves and see what we have achieved what the starts have not achieved
hot Bridget Marquardt
BharatPremi
10-23 04:19 PM
You have hit the nail right on the head. They issued 225000 H1b's between the years and 2000 and 2002 but the GC quota remained the same. Also, there is no quota for H1 (large # goes to India/Chine) but there is a quota for GC.
The idea is they want to control it so that only a third of the ppl who come on H1 end up getting a GC. They make the GC process hard one way or the other. Either you get stuck in the labor queue or in the retrogression queue. The average time to get has always been 4 years. Some ppl get lucky and get it in less than 3 and some get unluck and spend over 5 years trying to get it!
Ultimately the question for everyone is how long are you willing to put your life on hold? If you wait long enough you will get it. They seldom reject cases (unless it was a fraudulent case).
Here are my thoughts not legal advise:
-------------------------------------
One way: Wait in US for 9 years to get GC by sticking to one company,
exploited with less salary, No promotion
Second Way: 1) Wait for GC in USA for 3-4 years meanwhile get Canadian PR
2) Go to Canada as a PR for 3 years - Become citizen - "Tell
your wife" to establish company A in Canada and Company B
in USA - Have advantage of NAFTA
3) Come to USA via Company B on TN visa and tell your
employer Company B to file GC for you and now do not care
whatever years US GC takes.. As long as "Company B" has
business and you are working get TN renewals.
The idea is they want to control it so that only a third of the ppl who come on H1 end up getting a GC. They make the GC process hard one way or the other. Either you get stuck in the labor queue or in the retrogression queue. The average time to get has always been 4 years. Some ppl get lucky and get it in less than 3 and some get unluck and spend over 5 years trying to get it!
Ultimately the question for everyone is how long are you willing to put your life on hold? If you wait long enough you will get it. They seldom reject cases (unless it was a fraudulent case).
Here are my thoughts not legal advise:
-------------------------------------
One way: Wait in US for 9 years to get GC by sticking to one company,
exploited with less salary, No promotion
Second Way: 1) Wait for GC in USA for 3-4 years meanwhile get Canadian PR
2) Go to Canada as a PR for 3 years - Become citizen - "Tell
your wife" to establish company A in Canada and Company B
in USA - Have advantage of NAFTA
3) Come to USA via Company B on TN visa and tell your
employer Company B to file GC for you and now do not care
whatever years US GC takes.. As long as "Company B" has
business and you are working get TN renewals.
more...
house Bridget Marquardt amp; Nick
psaxena
01-19 01:28 PM
what did you do to help IV fight?
Is IV fighting for all of us on this?
People are just discussing and discussing but nobody is doing anything. Are any lawyers doing anything?
Is IV fighting for all of us on this?
People are just discussing and discussing but nobody is doing anything. Are any lawyers doing anything?
tattoo Bridget Marquardt
poorslumdog
09-04 12:59 PM
No point in agruing with fools like you.....
Then argu with yourself Idiot.:D
Then argu with yourself Idiot.:D
more...
pictures Bridget Marquardt Tuesday June
longq
02-13 03:53 PM
Before AC21, the spill over goes vertically.
After AC21, the spill over should go horizontally. But it is not going so. There is something going behind the screen. There is some reason for DOS is doing so. The law is not gray in this respect. It can be easily litigated, if they issued less than 40,000 EB2 visas and more than 40,000 EB3 visas. Nov 2005 VB is not a law. It is a statement by DOS. The law is section 202 of INA.
In both cases (before and after AC21) allocation of unused visas should go in a last month of calnder quarter. Both sec 202 3 a and 202 a 5 says "in a calender quarter" ..
Before AC21
3) Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.
After AC21..
(A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
Now ROW experts, post your comment for this hypothitical example ..
Lets assume there are 100 unused visas in EB2 catagory in a calender quarter. Worldwide EB damand is more than 140,000. Now, how will you assisn those numbers if it is before AC21 period and if it is after AC21 period.
If you say in both cases it goes to EB3-ROW, then we are not stupid to listien.
After AC21, the spill over should go horizontally. But it is not going so. There is something going behind the screen. There is some reason for DOS is doing so. The law is not gray in this respect. It can be easily litigated, if they issued less than 40,000 EB2 visas and more than 40,000 EB3 visas. Nov 2005 VB is not a law. It is a statement by DOS. The law is section 202 of INA.
In both cases (before and after AC21) allocation of unused visas should go in a last month of calnder quarter. Both sec 202 3 a and 202 a 5 says "in a calender quarter" ..
Before AC21
3) Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.
After AC21..
(A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
Now ROW experts, post your comment for this hypothitical example ..
Lets assume there are 100 unused visas in EB2 catagory in a calender quarter. Worldwide EB damand is more than 140,000. Now, how will you assisn those numbers if it is before AC21 period and if it is after AC21 period.
If you say in both cases it goes to EB3-ROW, then we are not stupid to listien.
dresses See All Bridget Marquardt Pics
la6470
01-16 03:10 PM
How else is a consulting company supposed to work - if they do not send their consultants to client site? Consulting is not always a one month affair - all IT organizations need long term consulting on permanent basis from subject matter experts. Again I know for sure that this is a misguided memo from some folks in USCIS who has no practical understanding of the complexity of modern IT organizations.
I am posting this again because I want the discussion to focus back on what is really important and not soothe someone's personal ego.
I am posting this again because I want the discussion to focus back on what is really important and not soothe someone's personal ego.
more...
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vdlrao
07-21 02:56 PM
http://www.dhs.gov/xlibrary/assets/statistics/publications/LPR_FR_2007.pdf
girlfriend TAGS; Bridget Marquardt
walking_dude
02-13 11:13 AM
This theory that 'AILA/AILF lawsuit threat overturned July VB' is out of touch with the reality. Threatening lawsuit was bad for AILA. They were not involved in the discussions that finaly resulted in reversal. IV was a participant but AILA was not.
We shouldn't repeat their mistake. The moment IV files a lawsuit, USCIS will stop discussing with us. We will be off the discussion table. Only place they'll talk to us will be in the courtroom. We also shouldn't forget the pressure applied by Congresswoman Zoe Lofgren on USCIS and DOS. She was ready to wash their dirty linen in public. No doubt, she was influenced by rally in San Jose - which happens to be her constituency.
3 year EAD/AP, AC21 interpretation are rules that USCIS makes, there's no way a judge can dictate what rules a government department should make. You wrote "there is nothign to lose but a lot to win" . Like someone pointed out we won't even be recovering 10k -20k spent on it, even if we win. We'll be getting into a case which has no chances or very slim chances of winning.
If we lose the case, there's no going back to discussions with USCIS. They won't be entertaining us after we sued them. It's a grave risk you should understand. I feel tired at having to explain it the Nth time to some of you who still consider AILA as a messiah. Nothing happens because of just one factor. It's a combination of several factors that ultimately produces results. There are no silver bullets that fix every problem. Its the reality.
it is the threat of a massive lwsuit from immigration lawyers association that made uscis backtrack and open up july 2 filing..we are all benefeciaries of that.
itz not our flowers or the rally that did the trick it is the threat of lawsuit.
if we consult lawyers we can check if we have a case and on what grounds. even f not anything else we may win on things like 3 yr AP relaxed ac21 rules etc. these are operational policies and dont need congress. USCIS can change these rules.
there is nothign to lose but a lot to win.
we can even appeal on the grounds that USCIS policies led us in to a bonded labor situation unable to change employer , foregone career choices and income potential..etc.. this violates the concept of free will and just labor practices. Many rules in AC21 and AP still try to tie us down to the employer who has already enjoyed > 5 years of our hardwork.
We shouldn't repeat their mistake. The moment IV files a lawsuit, USCIS will stop discussing with us. We will be off the discussion table. Only place they'll talk to us will be in the courtroom. We also shouldn't forget the pressure applied by Congresswoman Zoe Lofgren on USCIS and DOS. She was ready to wash their dirty linen in public. No doubt, she was influenced by rally in San Jose - which happens to be her constituency.
3 year EAD/AP, AC21 interpretation are rules that USCIS makes, there's no way a judge can dictate what rules a government department should make. You wrote "there is nothign to lose but a lot to win" . Like someone pointed out we won't even be recovering 10k -20k spent on it, even if we win. We'll be getting into a case which has no chances or very slim chances of winning.
If we lose the case, there's no going back to discussions with USCIS. They won't be entertaining us after we sued them. It's a grave risk you should understand. I feel tired at having to explain it the Nth time to some of you who still consider AILA as a messiah. Nothing happens because of just one factor. It's a combination of several factors that ultimately produces results. There are no silver bullets that fix every problem. Its the reality.
it is the threat of a massive lwsuit from immigration lawyers association that made uscis backtrack and open up july 2 filing..we are all benefeciaries of that.
itz not our flowers or the rally that did the trick it is the threat of lawsuit.
if we consult lawyers we can check if we have a case and on what grounds. even f not anything else we may win on things like 3 yr AP relaxed ac21 rules etc. these are operational policies and dont need congress. USCIS can change these rules.
there is nothign to lose but a lot to win.
we can even appeal on the grounds that USCIS policies led us in to a bonded labor situation unable to change employer , foregone career choices and income potential..etc.. this violates the concept of free will and just labor practices. Many rules in AC21 and AP still try to tie us down to the employer who has already enjoyed > 5 years of our hardwork.
hairstyles Bridget Marquardt
srkamath
07-21 09:01 PM
CAN ANY ONE BELIEVE THEY GAVE 10,326 "UNUSED" EB NUMBERS TO FAMILY BASED IN THE YEAR 2006?? AMAZING.
http://www.dhs.gov/xlibrary/assets/statistics/publications/LPR_FR_2007.pdf
Another concern I have on your estimation is it looks like unlimited categories (immediate relatives) eat into the overall numbers. But it looks like FB is guaranteed minimum of 226,000 each year.
that's right, vdlrao is spot on (as usual) with the analysis.
A recapture loop is already built into the system, the subtraction of the unlimited category numbers acts sort of like a negative-feedback loop, keeping the numbers stable.
USCIS processing efficiency affects mostly EB categories, it doesn't affect FB much which has hard 7% limits / country.
vdlrao's clear analysis suggests that FY 2008 could see more than 70,000 EB2s issued in total.
EB2 In/CH being retrogressed will get the maximum benefits.
USCIS is definitely capable of processing 12k to 15k per month.
EB2 will become current for all countries very soon.
EB3 will then get a lot of spillovers, ensuring rapid movement.
http://www.dhs.gov/xlibrary/assets/statistics/publications/LPR_FR_2007.pdf
Another concern I have on your estimation is it looks like unlimited categories (immediate relatives) eat into the overall numbers. But it looks like FB is guaranteed minimum of 226,000 each year.
that's right, vdlrao is spot on (as usual) with the analysis.
A recapture loop is already built into the system, the subtraction of the unlimited category numbers acts sort of like a negative-feedback loop, keeping the numbers stable.
USCIS processing efficiency affects mostly EB categories, it doesn't affect FB much which has hard 7% limits / country.
vdlrao's clear analysis suggests that FY 2008 could see more than 70,000 EB2s issued in total.
EB2 In/CH being retrogressed will get the maximum benefits.
USCIS is definitely capable of processing 12k to 15k per month.
EB2 will become current for all countries very soon.
EB3 will then get a lot of spillovers, ensuring rapid movement.
rsdang1
08-18 02:48 PM
Excellent reply.
Guys,
In my humble opinion this is the best thing that could have happened!!! I feel bad for Mr. Khan suffering like a common man for a while but his suffering brought to light what we have to deal with every time we travel...
I think extreme cases bring home the point so I would encourage Indian government and the governments of all the south asian countries to take this up with the USCIS / Home land security and ask them to educate their staff...
Peace
Guys,
In my humble opinion this is the best thing that could have happened!!! I feel bad for Mr. Khan suffering like a common man for a while but his suffering brought to light what we have to deal with every time we travel...
I think extreme cases bring home the point so I would encourage Indian government and the governments of all the south asian countries to take this up with the USCIS / Home land security and ask them to educate their staff...
Peace
jkays94
05-10 10:40 PM
I see a lot of people discussing about Canada.
Any inputs about Australia and life down under?
Thanks
I don't know much about Australia but I can give a sample situation. One could get Australian PR, live there for two years, get citizenship, apply for a job in the US and enter on an E3 visa which is renewable every two years and allows one's spouse to work.
http://en.wikipedia.org/wiki/E3_Visa
Any inputs about Australia and life down under?
Thanks
I don't know much about Australia but I can give a sample situation. One could get Australian PR, live there for two years, get citizenship, apply for a job in the US and enter on an E3 visa which is renewable every two years and allows one's spouse to work.
http://en.wikipedia.org/wiki/E3_Visa
