srkamath
07-23 07:03 PM
Source of information ?
From what i inferred from the text of the law,
The 28.6% limits do apply to FB to EB spill overs, as the FB spillover from the prev FY is used to arrive at this year's EB limit.
The 28.6% limit cannot be applied to EB1 to EB2 to EB3 spillovers, because that would not make sense. From what i understood, if there are 10k spilling over from EB1 to EB2, then they all go to EB2 and are not shared 2860 each between Eb2 and Eb3.
Let me know if you agree with the above.
I also realized that, if ever there is a deluge of EB1 applications and it reaches the annual limit of 28.6%+(EB4+EB5)leftovers, then that's it for EB1 ! even if Eb2 orEB3 are undersubscribed!
Ironic isn't it? Strange is the INA.
From what i inferred from the text of the law,
The 28.6% limits do apply to FB to EB spill overs, as the FB spillover from the prev FY is used to arrive at this year's EB limit.
The 28.6% limit cannot be applied to EB1 to EB2 to EB3 spillovers, because that would not make sense. From what i understood, if there are 10k spilling over from EB1 to EB2, then they all go to EB2 and are not shared 2860 each between Eb2 and Eb3.
Let me know if you agree with the above.
I also realized that, if ever there is a deluge of EB1 applications and it reaches the annual limit of 28.6%+(EB4+EB5)leftovers, then that's it for EB1 ! even if Eb2 orEB3 are undersubscribed!
Ironic isn't it? Strange is the INA.
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sbabunle
08-03 03:16 PM
Hello shree19772000
There is a proposal to stop labor substitution which was
put for public comments. It was like a few months ago. If they finalize it, labor substitution will be completely eliminated. But I'm not sure of the timeline of this.
babu
There is a proposal to stop labor substitution which was
put for public comments. It was like a few months ago. If they finalize it, labor substitution will be completely eliminated. But I'm not sure of the timeline of this.
babu
days_go_by
01-23 06:11 PM
not all cases approved by DOL are fraud, some cases are really genuine, I have waited over 5 years for labor, and I know a bunch of other people too who have genuinely waited.
But I agree most of frauds, I know of friends who bought and got Green Cards within a few months. checkout this thread .
http://immigrationportal.com/showthread.php?p=1596562#post1596562
it's not like DOL is not aware of it, they know it, they have created an industry around it. I don't think they will ban labor subst, they would rather add a transfer fee and make more money on it.
But I agree most of frauds, I know of friends who bought and got Green Cards within a few months. checkout this thread .
http://immigrationportal.com/showthread.php?p=1596562#post1596562
it's not like DOL is not aware of it, they know it, they have created an industry around it. I don't think they will ban labor subst, they would rather add a transfer fee and make more money on it.
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unseenguy
06-12 01:12 AM
You will be considered as anti immigrant if you support any of restriction to H1b or Grassley Bill even if the they are good. Even recapture is passed that will not resolve the problem unless the numbers are huge.Recapture bill will give only limited releif for limited time. If we want all of the problems of High skilled immigration system needs almost unlimited GC numbers and also huge expansion of H1b. That will be nearly impossible for atleast next 5 years or more.
If anyone is having good skills they will escape whatever the restriction they put for H1b. More restriction bad apples will be filtered. If H1b number goes down by restriction waiting time for GC will go down. Most persons will get GC within 2 to 4 years time at the same time best and bright will come here.
So you are indirectly saying, you got GC because you are best and brightest?
If anyone is having good skills they will escape whatever the restriction they put for H1b. More restriction bad apples will be filtered. If H1b number goes down by restriction waiting time for GC will go down. Most persons will get GC within 2 to 4 years time at the same time best and bright will come here.
So you are indirectly saying, you got GC because you are best and brightest?
more...
saps
10-29 01:50 PM
I don't think waiting for GC will be such a big problem if we can get relief from Government related to flexibility in job change (just like after getting GC), option to opt for FT school, etc... We can request immediate relief to GC community that if their I-485 is pending for more than 2 years (say), they should be granted a temp. intermediate status which should allow them to change jobs which are not neccessarily similar or on same payscale, flexibility to opt as FT student if they want to..... If we get this flexibility, I don't think waiting for GC is going to hurt so much. We have tried so much to get the GC quota increased but nothing has worked. May be we should focus on small things like this first. Just thinking aloud.
logiclife
05-10 05:19 PM
The slowness that results because of employer petition and bureaucratic delays(backlogs centers) and quota delays(retrogression) IS A HUGE PROBLEM. Please read my original post.
I am not saying that US system is perfect. I am saying that the employer-petition(if working properly and speedily) is better than points-based system(as two different comparable methods of adjudication for immigration) to protect the workforce from oversupply of labor.
If current system wasnt a problem, our work would be done. If the whole GC process took less than 2 years, it would be not bad and being stuck with one employer for 2 years is probably workable for most people.
And yes, please dont get me wrong, IV has not changed its goals or diluted its goals, I am merely voicing my opinion on the debate/discussion over different countries' immigration system and how they stack up against each other - both for immigrants and for those countries.
I am not saying that US system is perfect. I am saying that the employer-petition(if working properly and speedily) is better than points-based system(as two different comparable methods of adjudication for immigration) to protect the workforce from oversupply of labor.
If current system wasnt a problem, our work would be done. If the whole GC process took less than 2 years, it would be not bad and being stuck with one employer for 2 years is probably workable for most people.
And yes, please dont get me wrong, IV has not changed its goals or diluted its goals, I am merely voicing my opinion on the debate/discussion over different countries' immigration system and how they stack up against each other - both for immigrants and for those countries.
more...
STAmisha
01-23 06:01 PM
Mandalla ************
Rot in hell. Rot in prison. Because of bastards like you, all of the immigrant community is suffering. Enjoy your prison
Rot in hell. Rot in prison. Because of bastards like you, all of the immigrant community is suffering. Enjoy your prison
2010 valentino rossi ducati 2011
jayleno
07-10 12:49 PM
Hey dude
Dont insult a whole state....dont blame/depend on other people in making your decisions...
I need to hear more stories like this to realize I won't be alone when time comes for me to pack up.
I am from A.P. Lot of folks from my state in India can't accept anything but USA outside A.P. Me and my wife really like to live and work in other parts of world and we have even asked my company to send us out of USA. The only reason for me at this point to pursue GC is for my wife be able to work part-time.
Otherwise, I am very content being on H1.
Dont insult a whole state....dont blame/depend on other people in making your decisions...
I need to hear more stories like this to realize I won't be alone when time comes for me to pack up.
I am from A.P. Lot of folks from my state in India can't accept anything but USA outside A.P. Me and my wife really like to live and work in other parts of world and we have even asked my company to send us out of USA. The only reason for me at this point to pursue GC is for my wife be able to work part-time.
Otherwise, I am very content being on H1.
more...
BharatPremi
12-13 10:29 PM
It is surprising to me that some, so called high skilled, folks can be so blinded by their desire to get the green card that they are unable to see right from wrong.
Never mind the pain of those affected by this inequitable system, or if this is technically legal, or whether it can be challenged in court. Think about what you are condoning � an unjust government policy that presumably works for you, now. By advocating an unfair policy today, in the long run you are undermining your own position as an immigrant in this country.
You seem to be crying out loud - �I am a high skilled foreigner, but I am different, different from them! Look, look at my color, texture, please look at my passport. Oh no fuck that, please look at my place of birth. Skills? Yes we all have them, but let�s not get distracted. I am different - will you please look at my birth certificate, please?�
Oh I hear ya. But all said and done, you will still be a foreigner to the average Joe on the street, even after you get your green card or naturalization papers. And if things go south, then those unethical policy makers, whom you give a pass today, will find a way to get you � and yes, that birth certificate will come handy. It is important to be united, and stay united.
To say that the United States has the right to make any law with respect to immigration doesn�t make an unjust law right. Presumably you are well educated and can understand this. And speaking of education � was it your degree or birth certificate that you took to your job interview that set this process in motion? It is counter intuitive to have such a provision where, to begin with, it is your skills that enabled you to get in line.
Apart from the resounding racial undertone, this policy is also harmful for the society at large. It encourages people to be conscious about their origins, be aware of their differences and the whole idea of America being a melting pot just goes down the toilet.
I understand it is difficult for some to fight this unfair system, because first you may have to fight and win against your basic instincts. It is hard for us, but this attitude may make things harder for you in the future.
Lets stay united and open minded, and fight for a fair system.
Welcome to the board... we are just analyzing which way to fight is better. Mark is saying lobbying is the only way, some other say exploring to challenge in court worth a try...some say not worth it-forget it. Have your opinion pitch in please.:)
Never mind the pain of those affected by this inequitable system, or if this is technically legal, or whether it can be challenged in court. Think about what you are condoning � an unjust government policy that presumably works for you, now. By advocating an unfair policy today, in the long run you are undermining your own position as an immigrant in this country.
You seem to be crying out loud - �I am a high skilled foreigner, but I am different, different from them! Look, look at my color, texture, please look at my passport. Oh no fuck that, please look at my place of birth. Skills? Yes we all have them, but let�s not get distracted. I am different - will you please look at my birth certificate, please?�
Oh I hear ya. But all said and done, you will still be a foreigner to the average Joe on the street, even after you get your green card or naturalization papers. And if things go south, then those unethical policy makers, whom you give a pass today, will find a way to get you � and yes, that birth certificate will come handy. It is important to be united, and stay united.
To say that the United States has the right to make any law with respect to immigration doesn�t make an unjust law right. Presumably you are well educated and can understand this. And speaking of education � was it your degree or birth certificate that you took to your job interview that set this process in motion? It is counter intuitive to have such a provision where, to begin with, it is your skills that enabled you to get in line.
Apart from the resounding racial undertone, this policy is also harmful for the society at large. It encourages people to be conscious about their origins, be aware of their differences and the whole idea of America being a melting pot just goes down the toilet.
I understand it is difficult for some to fight this unfair system, because first you may have to fight and win against your basic instincts. It is hard for us, but this attitude may make things harder for you in the future.
Lets stay united and open minded, and fight for a fair system.
Welcome to the board... we are just analyzing which way to fight is better. Mark is saying lobbying is the only way, some other say exploring to challenge in court worth a try...some say not worth it-forget it. Have your opinion pitch in please.:)
hair Wrooom 2011: Valentino Rossi
Googler
02-15 01:49 PM
Yup Paskal I have a dug a little deeper. Although this case is about DV visa it is very similar to our Visa recatpure situation.
http://64.233.167.104/search?q=cache:yJNFLn-AtcsJ:vls.law.vill.edu/Locator/3d/Jan2004/031075p.pdf+court+order+immigrant+visa+number&hl=en&ct=clnk&cd=7&gl=in
Dvb, did you read the ruling? It denies relief and says that:
"We therefore join the Seventh and Eleventh Circuits in concluding that, in the current circumstances, the language Congress used precludes the INS from issuing a visa pursuant to the DV Program for a given fiscal year upon the expiration of that fiscal year. See Nyaga, 323 F.3d at 914; Iddir v. INS, 301 F.3d 492, 501 (7th Cir. 2002).8
8. Had Coraggioso sought relief prior to the expiration of the 1998 fiscal
year, our analysis may have been different."
So this case is not helpful to us, though it is good for us to be aware of its existence.
http://64.233.167.104/search?q=cache:yJNFLn-AtcsJ:vls.law.vill.edu/Locator/3d/Jan2004/031075p.pdf+court+order+immigrant+visa+number&hl=en&ct=clnk&cd=7&gl=in
Dvb, did you read the ruling? It denies relief and says that:
"We therefore join the Seventh and Eleventh Circuits in concluding that, in the current circumstances, the language Congress used precludes the INS from issuing a visa pursuant to the DV Program for a given fiscal year upon the expiration of that fiscal year. See Nyaga, 323 F.3d at 914; Iddir v. INS, 301 F.3d 492, 501 (7th Cir. 2002).8
8. Had Coraggioso sought relief prior to the expiration of the 1998 fiscal
year, our analysis may have been different."
So this case is not helpful to us, though it is good for us to be aware of its existence.
more...
ramus
07-04 11:13 AM
Cost = 800 (Medical for 2 persons- Average) + 1000 (attorney fees- doesn't matter who pays- company or you) + 30 (photos) + 100( Postage) + 100(others)
Total = 2000 average . I am not adding application fess since USCIS will send it back if they don't process the application.
Out of 2000 - Medical is only valid for 1 year. In most of cases you will have to pay attorney again. All you can use is photos. I will say everybody atleast lost 1800 ( This is very minimum - also doesn't matter who pays- company or you).
So lets say everybody lost 1800. Now depend how many people were ready to file the application..
Please post good reliable estimate of cost for applying with ALL possible break ups. I know the following only!
Cost of applying = application fee ($795 ??) + Lawyer fee + others (= medical + pictures + ...)
Also, which parts are lost if we have to re-apply!
Total = 2000 average . I am not adding application fess since USCIS will send it back if they don't process the application.
Out of 2000 - Medical is only valid for 1 year. In most of cases you will have to pay attorney again. All you can use is photos. I will say everybody atleast lost 1800 ( This is very minimum - also doesn't matter who pays- company or you).
So lets say everybody lost 1800. Now depend how many people were ready to file the application..
Please post good reliable estimate of cost for applying with ALL possible break ups. I know the following only!
Cost of applying = application fee ($795 ??) + Lawyer fee + others (= medical + pictures + ...)
Also, which parts are lost if we have to re-apply!
hot Valentino Rossi Says Wont Be
abhishek101
07-21 06:05 PM
Amway and the sister version of Amway Quixtar both are biggest Ponzi schemes, everybody who practices for these should be jailed with Bernie Madoff.
more...
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vdlrao
07-25 11:37 AM
EB2 India/China BECOMING CURRENT IN THE NEAR FUTURE IS INEVITABLE.
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amitga
02-13 10:28 AM
I think every body who wants to have a class action law suit should commit for $500 towards the expense. Only when we have commitment for $500 with person name and contact info, then we should move forward with the idea of Class action law suit. We need 500 people to commit for this otherwise there is no point in moving forward in this direction.
There might be some people who will be willing to pay money but not listed as participant, and visa-versa and we should have at least 500 people who are willing to pay.
There might be some people who will be willing to pay money but not listed as participant, and visa-versa and we should have at least 500 people who are willing to pay.
more...
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WeShallOvercome
07-10 12:41 PM
I got my canadian PR early this year and have another 3 months to land. I think other companies will follow MSFT and there will be a lot of consulting companies to support them as well. Some more avenues for Desi companies to exploit employees but I guess since we don't need to depend on employers to get our PR, they may not have their way the way they do here in the US.
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qualified_trash
10-23 03:23 PM
Thanks eb3India.
How does the current company obtain a pre-approved labor? Does it buy the pre-app labour? Or is it SOLELY because someone in the company left (whose labor was approved)?
I was reading a lot about the controversy about why it should be stopped etc so i was wondering if someone had any documentation on why it was started in the first place and how it works
Thanks
a company that has had the LC approved can reuse it for someone else. that is all!!
How does the current company obtain a pre-approved labor? Does it buy the pre-app labour? Or is it SOLELY because someone in the company left (whose labor was approved)?
I was reading a lot about the controversy about why it should be stopped etc so i was wondering if someone had any documentation on why it was started in the first place and how it works
Thanks
a company that has had the LC approved can reuse it for someone else. that is all!!
more...
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gc4me
02-13 12:16 PM
immigration-law.com posted country wise EB visa allocation for the year of 2005. For example, Nepal used only 70 EB3 visas. Whereas country limit is 7%. In that case how EB3 Nepal is retrogressed?
Can we sue USCIS? Let's discuss.
In that case, let's hire an attorney.
Can we sue USCIS? Let's discuss.
In that case, let's hire an attorney.
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Nikith77
06-12 06:36 PM
To be honest, I do agree that the US needs qualified people with skillsets. The real question is "Are the people from the desi consulting companies the real qualified lot ? " Just to get my background details out of the way. I am a new member, from India ofcourse, and I have recently applied for my citizenship. Now with this huge deluge of immigrants, especially from the desi consulting companies, I feel that my quality of life is getting adversely impacted. Do not rush to conclusions that I am anti Indian or anti immigrant. 12 years back when I first got my H1 visa, the requirements to qualify were strict. Staffing companies to a decent extent followed rules and tried to get the best and the brightest. Once the dot com boom started, people from all walks of life entered IT. This was true of not just the Indians but also of people in the US. Soon after the bust, the value proposition from these staffing companies was simply low cost. This is not to blame the staffing companies. They behaved in an economically rational way.
Consider this scenario. If you run a consulting company, wouldn't you try to maximize your profits by staffing people in projects at the least cost ? This is econmically rational. You wouldn't worry much about the quality of the deliverables and all you would care is to dump as many bodies as possible at the client site or offshore and get the maximum bang for the buck.
In this scenario, how is it feasible to expect immigrational justice when the bodies themselves dont provide exceptional talent and skills but simply offer low cost ? Now you would be tempted to bring in the analogous case of illegal low skilled immigrants. Remember they are just that - low skilled workers. They dont "steal" the jobs of high skilled workers. But this dumping of IT workforce has completely brought down the standard of living of the IT workers here. To be honest, those who get green cards today would feel the same way five years from now when the next wave of so called "skilled IT immigrants" offer even lower wages and destroy the quality of life.
In summary, this retrogression is good in a way. The truly best and the brightest would still be employed until their turn for adjournment comes in. Only the weak are currently scared of the delays. I went through the same torrid GC phase after the tech meltdown in 2001. I was not worried of my job then but many people whom I knew got clobbered and were forced to leave. This is the darwinian flush and it will take its toll. Trust me this the bitter truth. If you people still consider that all the people on H1/L1 are part of the best and the brightest, they are WRONG. Only a small % (probably 20%) are the true best and the brightest and a good 50% will be flushed out. Sorry to say this and hey give me the red dots.
I think you are over confi....... but best of luck to you.
Consider this scenario. If you run a consulting company, wouldn't you try to maximize your profits by staffing people in projects at the least cost ? This is econmically rational. You wouldn't worry much about the quality of the deliverables and all you would care is to dump as many bodies as possible at the client site or offshore and get the maximum bang for the buck.
In this scenario, how is it feasible to expect immigrational justice when the bodies themselves dont provide exceptional talent and skills but simply offer low cost ? Now you would be tempted to bring in the analogous case of illegal low skilled immigrants. Remember they are just that - low skilled workers. They dont "steal" the jobs of high skilled workers. But this dumping of IT workforce has completely brought down the standard of living of the IT workers here. To be honest, those who get green cards today would feel the same way five years from now when the next wave of so called "skilled IT immigrants" offer even lower wages and destroy the quality of life.
In summary, this retrogression is good in a way. The truly best and the brightest would still be employed until their turn for adjournment comes in. Only the weak are currently scared of the delays. I went through the same torrid GC phase after the tech meltdown in 2001. I was not worried of my job then but many people whom I knew got clobbered and were forced to leave. This is the darwinian flush and it will take its toll. Trust me this the bitter truth. If you people still consider that all the people on H1/L1 are part of the best and the brightest, they are WRONG. Only a small % (probably 20%) are the true best and the brightest and a good 50% will be flushed out. Sorry to say this and hey give me the red dots.
I think you are over confi....... but best of luck to you.
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sdeshpan
08-17 11:03 AM
The VIP culture and the sense of entitlement in India is sickening :mad: I would understand if George Fernandes had raised a fuss since he was travelling as a diplomat, but SRK is pure dung!! FFS, he is there only to promote his movie - like some one mentioned here, the world doesnt come to an end if he is delayed by an hour or if the movie flops or doesnt even see the light of day.
You nailed it brother! SRK is just another moron who thinks he owns the world! All things being equal, there is no reason for him to get any special treatment at all -- he is no diplomat or a guest of this country. If there was something wrong with his luggage and/or profile that made the CBP flag him and question him, I don't see anything wrong with that. I can't agree more with you on the stupid "VIP" culture that sits deep in the roots of these glorified-beyond-reality idiots.
And then there are people here comparing India and the US...what the heck! This is America and they can do whatever they like to keep it safe...who are we to say that our "star" deserves better treatment when they don't spare their own people? :mad::rolleyes:
You nailed it brother! SRK is just another moron who thinks he owns the world! All things being equal, there is no reason for him to get any special treatment at all -- he is no diplomat or a guest of this country. If there was something wrong with his luggage and/or profile that made the CBP flag him and question him, I don't see anything wrong with that. I can't agree more with you on the stupid "VIP" culture that sits deep in the roots of these glorified-beyond-reality idiots.
And then there are people here comparing India and the US...what the heck! This is America and they can do whatever they like to keep it safe...who are we to say that our "star" deserves better treatment when they don't spare their own people? :mad::rolleyes:
greenscope
09-24 10:10 AM
When can I get my gc based on these uscis data for sept 2005 eb-2.Please suggest me.
gondalguru
06-27 12:32 PM
I still believe that the rumor is true. The numbers will retrogress in middle of the month or even earlier probably by the end of first week of july. It doesn't mean that all the catagories will become unavailable. They may retrogress the numbers by 2-3 years and still have enough approvable I-485 for the last quarter of the current fiscal year.
Hurry up guys and plan to file as soon as possible.
Don't come back later crying that you were not warned.
Hurry up guys and plan to file as soon as possible.
Don't come back later crying that you were not warned.
