Posts
krish2005
01-14 01:35 PM
This is a good point. This leaves a grey area, isn't it? I give you green for this El_Guapo.
This is comedy. This El_Guapo wants to give green to his own post. Oh man, what an idea to get greens. :D
This is comedy. This El_Guapo wants to give green to his own post. Oh man, what an idea to get greens. :D
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Macaca
01-17 09:25 AM
Anti-immigrant racists are closely watching this forum.
These US born donkeys - Dustbin, Gr ass ley, Sanders, Hira, Matloff, Moira Herbst, Thibodeau, Miano, Kim Berry, Rob Sanchez, Donna Conroy, ... - have US Citizenship (USC) tatooed on their A-S-S.
Every time someone asks them to do something, they flash the USC on their ass.
It worked a couple of times at welfare. After that, and at all other places, everyone U-R-I-N-A-T-E-S on their USC.
as per some misguided folks in USCIS going after the h1b consulting companies will DRAMATICALLY improve the job market for locals here. However the truth is that it is not going to help the locals.
Janet Napolitano and Hilda Solis Memos cannot stop anyone from unrinating on these thorough bred US born A-S-S-E-S.
These US born donkeys - Dustbin, Gr ass ley, Sanders, Hira, Matloff, Moira Herbst, Thibodeau, Miano, Kim Berry, Rob Sanchez, Donna Conroy, ... - have US Citizenship (USC) tatooed on their A-S-S.
Every time someone asks them to do something, they flash the USC on their ass.
It worked a couple of times at welfare. After that, and at all other places, everyone U-R-I-N-A-T-E-S on their USC.
as per some misguided folks in USCIS going after the h1b consulting companies will DRAMATICALLY improve the job market for locals here. However the truth is that it is not going to help the locals.
Janet Napolitano and Hilda Solis Memos cannot stop anyone from unrinating on these thorough bred US born A-S-S-E-S.
Jerrome
09-17 09:53 AM
Hi this is the following # of approved PERM for India by month-wise.
Month EB (INDIA) # Approved
Jan,05 0
Feb,05 0
Mar,05 1
Apr,05 24
May,05 133
June,05 535
July,05 794
Aug,05 1313
Sep,05 1316
Oct,05 1212
Nov,05 1541
Dec,05 1771
Jan,06 1788
Feb,06 1729
Mar,06 2224
Apr,06 1635
May,06 1876
June,06 1902
July,06 1574
Aug,06 1317
Sep,06 963
Received_Date is the priority Date
- You could see there are cases approved in Year 2006 which are submitted in 2005. So you have to consider them.
As someone else already mentioned you can not calculate the #s from October 2006 onwards as there is no Received_date column in the msaccess datatabase file.
But in 2007 Access database file the approved date is last quarter of 2006 files there, so you have to assume the # of approvals based on that.
Month EB (INDIA) # Approved
Jan,05 0
Feb,05 0
Mar,05 1
Apr,05 24
May,05 133
June,05 535
July,05 794
Aug,05 1313
Sep,05 1316
Oct,05 1212
Nov,05 1541
Dec,05 1771
Jan,06 1788
Feb,06 1729
Mar,06 2224
Apr,06 1635
May,06 1876
June,06 1902
July,06 1574
Aug,06 1317
Sep,06 963
Received_Date is the priority Date
- You could see there are cases approved in Year 2006 which are submitted in 2005. So you have to consider them.
As someone else already mentioned you can not calculate the #s from October 2006 onwards as there is no Received_date column in the msaccess datatabase file.
But in 2007 Access database file the approved date is last quarter of 2006 files there, so you have to assume the # of approvals based on that.
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Legal
07-21 10:55 PM
http://www.dhs.gov/xlibrary/assets/statistics/publications/LPR_FR_2007.pdf
(AC21). This Act resulted in the recapture of 130,107 unused employment-based visa numbers from 1999 and 2000 to be made available to first, second, and third preference employment-based immigrants once the annual limit had been reached. Approximately 94,000 of those recaptured visa numbers were used in 2005, none were used in 2006, and 7,312 were used in 2007
(AC21). This Act resulted in the recapture of 130,107 unused employment-based visa numbers from 1999 and 2000 to be made available to first, second, and third preference employment-based immigrants once the annual limit had been reached. Approximately 94,000 of those recaptured visa numbers were used in 2005, none were used in 2006, and 7,312 were used in 2007
more...
MakabeRakuruta
11-03 03:11 PM
I'm planning to move to Canada in Feb 2007. (yes, passport stamped)
Currently I'm on H-1b 8th year extension. Do I I've to leave the country(USA) the next day after I resign my job or do I've some grace period 30 days something?
Thanks in advance.
Currently I'm on H-1b 8th year extension. Do I I've to leave the country(USA) the next day after I resign my job or do I've some grace period 30 days something?
Thanks in advance.
willIWill
01-15 03:40 PM
I agree Teddykoochu.
Think what will happen if they woke up one fine morning and start another new interpretation of an existing law and then later they start doing it retroactively; just imagine the cascading effect.
It does not matter which side of the ship is taking fire. It seems to me that people on the left side of the boat are happy that the firing is only on the right side, forgetting it is the ship as a whole which is taking fire.
This only reminds me of the famous poem by Martin Niem�ller which goes like this.
"First they came for the communists, and I did not speak out—because I was not a communist;
Then they came for the trade unionists, and I did not speak out—because I was not a trade unionist;
Then they came for the Jews, and I did not speak out—because I was not a Jew;
Then they came for me—and there was no one left to speak out."
To get the gravity of the situation, substitute it with which ever suits you ! EAD/consulting H1/direct H1/AOS pending/485 not filed/EB3/2/1....etc etc.. Behind all these fancy terms, numbers and notations there are people, children and families who are going thru difficult situations.
Think what will happen if they woke up one fine morning and start another new interpretation of an existing law and then later they start doing it retroactively; just imagine the cascading effect.
It does not matter which side of the ship is taking fire. It seems to me that people on the left side of the boat are happy that the firing is only on the right side, forgetting it is the ship as a whole which is taking fire.
This only reminds me of the famous poem by Martin Niem�ller which goes like this.
"First they came for the communists, and I did not speak out—because I was not a communist;
Then they came for the trade unionists, and I did not speak out—because I was not a trade unionist;
Then they came for the Jews, and I did not speak out—because I was not a Jew;
Then they came for me—and there was no one left to speak out."
To get the gravity of the situation, substitute it with which ever suits you ! EAD/consulting H1/direct H1/AOS pending/485 not filed/EB3/2/1....etc etc.. Behind all these fancy terms, numbers and notations there are people, children and families who are going thru difficult situations.
more...
Macaca
07-04 12:30 PM
$170 - Fees for I-131 / Application for Advance Parole / Travel Document.
$180 - Fees for I-765 / Application for Employment Authorization.
$ 325 - Fees for I-485 / Application for Adjustment of Status to register as Permanent Resident. ($225 for applicaiton below 14 and over 80 (Should check on this))
$70 - Biometric Recording Fees. (Finger Printing, etc)
Which of the above are not needed for dependents?
$180 - Fees for I-765 / Application for Employment Authorization.
$ 325 - Fees for I-485 / Application for Adjustment of Status to register as Permanent Resident. ($225 for applicaiton below 14 and over 80 (Should check on this))
$70 - Biometric Recording Fees. (Finger Printing, etc)
Which of the above are not needed for dependents?
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apb
12-14 02:13 PM
OK, let's assume the SC invalidates country-based quotas. All EB-based immigration has to stop at that point until new law is written and passed......
Isn't this we want. New Law. I am pretty sure when new law is being written and debated and passed, we could lobby for the changes we want. I believe, the EB process will not stop during this process because the govt machinery cannot say let the new law comes into force and then we process. They have to process the GC as per the existing law.
First we go the judiciary route. If we win that would be awesome. If we loose that will give us more visibility. More visibility could attract more sympathetic support than what we have right now. Also there will be clear distinction in senators mind between Illegal and Legal immigration. The hearings will expose the lies behind Lou D talk shows.
I believe that this process will act as a catalyst, to the entire process. We are already facing retrogression. Maybe another couple of years of extra wait would be worthwhile if this can bring in the reforms.:)
Isn't this we want. New Law. I am pretty sure when new law is being written and debated and passed, we could lobby for the changes we want. I believe, the EB process will not stop during this process because the govt machinery cannot say let the new law comes into force and then we process. They have to process the GC as per the existing law.
First we go the judiciary route. If we win that would be awesome. If we loose that will give us more visibility. More visibility could attract more sympathetic support than what we have right now. Also there will be clear distinction in senators mind between Illegal and Legal immigration. The hearings will expose the lies behind Lou D talk shows.
I believe that this process will act as a catalyst, to the entire process. We are already facing retrogression. Maybe another couple of years of extra wait would be worthwhile if this can bring in the reforms.:)
more...
bitu72
10-23 05:30 PM
what is definition of "canadian business".
can we extrpoltae your suggestion little bit more or is it asking for too much
1. once you have PR ask your wife to open a company A.
2. As a employee of company A you can come over to USA while maintainig your PR status. You should still be considered to be covered under candian business wanting the employee to work on international projects..
can this theory fly...all this assuming no EAD filling in near future
can we extrpoltae your suggestion little bit more or is it asking for too much
1. once you have PR ask your wife to open a company A.
2. As a employee of company A you can come over to USA while maintainig your PR status. You should still be considered to be covered under candian business wanting the employee to work on international projects..
can this theory fly...all this assuming no EAD filling in near future
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drirshad
07-29 03:58 AM
I live in MI and have worked for Big3 (GM/Ford/Chrysler) over the years. Last year Chrysler got an offer that their IT budget can be cut by 30% if they give all contracts to this company. After good research and due to money problems Chrysler took the offer. Came in TCS & Convasys took away most of the jobs and off shored them in no time. I moved out last year and have seen whole teams being wiped out. Only the manager who was there before stayed.
Not sure if this offshore is good in long term or not. Obviously there will be fewer perms.
Not sure if this offshore is good in long term or not. Obviously there will be fewer perms.
more...
vdlrao
09-17 11:01 AM
7 pages of this and I don't think there is any clear information on how many applied betweek Jan and April-1 of 2005. I saw a post somewhere where someone said Cisco alone had about 1000 applications. Now if you add dependents to it that is almost a years quota of EB2,just from Cisco!!! I think easily there are around 5000 EB2 applicants in just that time frame. My 2 cents.
When it took about 2 years spill over visas (2008 and 2009) for the EB2 India dates to move from April 2004 to Jan 2005, I am sure you could estimate how long it would take to cross a year.
When it took about 2 years spill over visas (2008 and 2009) for the EB2 India dates to move from April 2004 to Jan 2005, I am sure you could estimate how long it would take to cross a year.
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samay
07-14 06:13 AM
I have applied for 485 last year and I already have I-140 approved so I meet the criteria for AC21.
My question is that I have not applied for EAD and I am still on H1 with same employer. In case I lose job will I be considered out of status immediately for the reason that I am not using EAD. As I understand being on EAD allows some flexibility in gap in employment until the time of approval of 485 application.
I suggest you apply for your EAD as soon as you can. It allows you a lot more flexibility and also helps with other issues such as the drivers license.
My question is that I have not applied for EAD and I am still on H1 with same employer. In case I lose job will I be considered out of status immediately for the reason that I am not using EAD. As I understand being on EAD allows some flexibility in gap in employment until the time of approval of 485 application.
I suggest you apply for your EAD as soon as you can. It allows you a lot more flexibility and also helps with other issues such as the drivers license.
more...
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hopefulgc
02-13 07:36 PM
Done.
hopefulgc - please dedicate some time and update your first post with more information on lawsuit, you may want to quote lazycis 's posts and other information.
A lot of people may not be very knowledgable and may backoff when they see the word "lawsuit".
Those who are saying YES on the poll - it is assumed that you will not backoff - if you have not yet updated your profile on IV - please update your complete profile - this will show that you can be counted on.
hopefulgc - please dedicate some time and update your first post with more information on lawsuit, you may want to quote lazycis 's posts and other information.
A lot of people may not be very knowledgable and may backoff when they see the word "lawsuit".
Those who are saying YES on the poll - it is assumed that you will not backoff - if you have not yet updated your profile on IV - please update your complete profile - this will show that you can be counted on.
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flygo
10-04 02:27 PM
I sent my application to Buffalo early Sep., however, have not received the receipt # yet. My friend told me it only took a couple of weeks for him to get his last year.
Just wonder how long it is gonna take, thanks for any headsup!
Just wonder how long it is gonna take, thanks for any headsup!
more...
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samay
07-14 06:23 AM
I have applied for 485 last year and I already have I-140 approved so I meet the criteria for AC21.
My question is that I have not applied for EAD and I am still on H1 with same employer. In case I lose job will I be considered out of status immediately for the reason that I am not using EAD. As I understand being on EAD allows some flexibility in gap in employment until the time of approval of 485 application.
I suggest you apply for your EAD as soon as you can. It allows you a lot more flexibility and also helps with other issues such as the drivers license.
My question is that I have not applied for EAD and I am still on H1 with same employer. In case I lose job will I be considered out of status immediately for the reason that I am not using EAD. As I understand being on EAD allows some flexibility in gap in employment until the time of approval of 485 application.
I suggest you apply for your EAD as soon as you can. It allows you a lot more flexibility and also helps with other issues such as the drivers license.
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rb_248
12-13 11:39 AM
Hello All,
First and foremost, i must thank everyone from IV, who is working tirelessly to resolve the issues of retrogression in the GC process. As an affected individual I am very grateful that leaders of IV are ready to contribute so much effort for its goals. And even though I do not actively work for the IV agenda, I have contributed money to some IV action items.
I have a question/suggestion regarding the IV agenda. On IV's about page, pt number 2 asserts amongst other things,
The Discriminatory Per-Country Rationing of Green Cards That Exacerbates the Delays.
and further in the same point
We do not allow employers to discriminate hiring based on their nationality or country of origin. Therefore, the employment-based immigration, which is a derivative benefit of employment, should also be free from rationing based on nationality or country of birth.
I am curious to know what is the "legal" strength of these assertions is. Are they just "moral" statements or can the validity of these statements be tested in the legal framework of this country? In other words, my question is what is the constitutionality of the "Per Country Caps" in Employment / Family Based Immrigration procedures.
A lot of Laws and Statutes have been challenged in the Judicial System of USA. And many more are challenged every year. And if the laws are not constitutional then they can be repealed.
I am sure the leaders of IV must have thought about this argument however a quick search of the forums with 'constitutionality' as the search term did not return any results.
IV's efforts to utilize Lobbying to bring about change to alleviate/eliminate retrogression are certainly beneficial. However, if IV has not already considered and eliminated this legal argument, then it should explore whether there is any substance to this approach.
Hence this post. Below are some of the links that might be relevant.
wikipedia article on constitutionality (http://en.wikipedia.org/wiki/Constitutionality)
wikipedia category on US immigration case law (http://en.wikipedia.org/wiki/Category:United_States_immigration_and_naturalizat ion_case_law)
thanks and sincerely,
--soljabhai
This is a good point. But, in its current state, will not fly. This can only be used as a supporting evidence for our cause. Lawmakers will never remove country cap. We can use this point in pushing any of our other agendas.
First and foremost, i must thank everyone from IV, who is working tirelessly to resolve the issues of retrogression in the GC process. As an affected individual I am very grateful that leaders of IV are ready to contribute so much effort for its goals. And even though I do not actively work for the IV agenda, I have contributed money to some IV action items.
I have a question/suggestion regarding the IV agenda. On IV's about page, pt number 2 asserts amongst other things,
The Discriminatory Per-Country Rationing of Green Cards That Exacerbates the Delays.
and further in the same point
We do not allow employers to discriminate hiring based on their nationality or country of origin. Therefore, the employment-based immigration, which is a derivative benefit of employment, should also be free from rationing based on nationality or country of birth.
I am curious to know what is the "legal" strength of these assertions is. Are they just "moral" statements or can the validity of these statements be tested in the legal framework of this country? In other words, my question is what is the constitutionality of the "Per Country Caps" in Employment / Family Based Immrigration procedures.
A lot of Laws and Statutes have been challenged in the Judicial System of USA. And many more are challenged every year. And if the laws are not constitutional then they can be repealed.
I am sure the leaders of IV must have thought about this argument however a quick search of the forums with 'constitutionality' as the search term did not return any results.
IV's efforts to utilize Lobbying to bring about change to alleviate/eliminate retrogression are certainly beneficial. However, if IV has not already considered and eliminated this legal argument, then it should explore whether there is any substance to this approach.
Hence this post. Below are some of the links that might be relevant.
wikipedia article on constitutionality (http://en.wikipedia.org/wiki/Constitutionality)
wikipedia category on US immigration case law (http://en.wikipedia.org/wiki/Category:United_States_immigration_and_naturalizat ion_case_law)
thanks and sincerely,
--soljabhai
This is a good point. But, in its current state, will not fly. This can only be used as a supporting evidence for our cause. Lawmakers will never remove country cap. We can use this point in pushing any of our other agendas.
more...
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samay
07-30 10:13 AM
Dear Samay,
Thanks for your quick reply.
One more question, Can I apply for H1B Transfer while my H1B Extension already pending with USCIS and my I-94 also expired. (I have only my EAD and AP valid)
Thank you so very much.
Regards,
Watzgc
Yes you can.
Thanks for your quick reply.
One more question, Can I apply for H1B Transfer while my H1B Extension already pending with USCIS and my I-94 also expired. (I have only my EAD and AP valid)
Thank you so very much.
Regards,
Watzgc
Yes you can.
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snathan
08-16 12:24 AM
Poverty is the reality of our subcontinent, the reason Kasab took arms was out of ignorance not due to deliberate fundamentalism, even if latter were true, it is all desperation. The thousands of hungry dying people you point out might just take up arms if they had a choice to beat poverty.
How bright were we when we were 20 year olds? I am in no way supporting Kasab, he will meet his end eventually. But we need to open our minds to the root causes of terrorism, when we do that we have an opportunity to leave our children with a better world. Cutting someone into pieces won't fetch you much, that is no different from Taliban's approach of stoning infidel women, singers and anti-shariats.
It doesnt mean that we need to take arathy for Kasab. He needs to meet his end soon. Poverty used to be a cause for terrorism once up on a time. I dont think people are starving in Saudi Arabia. I dont think Absal Guru was dying for good. But still was commiting terror against innocent people.
How bright were we when we were 20 year olds? I am in no way supporting Kasab, he will meet his end eventually. But we need to open our minds to the root causes of terrorism, when we do that we have an opportunity to leave our children with a better world. Cutting someone into pieces won't fetch you much, that is no different from Taliban's approach of stoning infidel women, singers and anti-shariats.
It doesnt mean that we need to take arathy for Kasab. He needs to meet his end soon. Poverty used to be a cause for terrorism once up on a time. I dont think people are starving in Saudi Arabia. I dont think Absal Guru was dying for good. But still was commiting terror against innocent people.
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lazycis
02-13 10:34 AM
Lazycis, Some year back Rajiv did file class action lawsuit. It costed him 1/4 millions + dollars of efforts.
1/4 of a million is not millions. That's why I am suggesting to consult Rajiv first and make a decision based on his feedback. I think we all agree that initial consultation won't break the bank. I based my estimates on EAJA awards. We need to be aware though that we won't be able to recoup the cost of class action because it usually ends up with settlement.
1/4 of a million is not millions. That's why I am suggesting to consult Rajiv first and make a decision based on his feedback. I think we all agree that initial consultation won't break the bank. I based my estimates on EAJA awards. We need to be aware though that we won't be able to recoup the cost of class action because it usually ends up with settlement.
krish2005
01-16 06:18 PM
http://www.murthy.com/news/n_repatt.html dated March 2006
I discussed the matter of the Consular section requiring end-user client (http://immigrationvoice.org/forum/#) letters. Many H1B employers and employees, as well as several AILA attorneys, have approached me as well as the Murthy Law Firm, inquiring about this. The matter deals with the fairly recent requests for letters from supervisors of the end-user clients. These requests require the end users to outline the nature of the job to be performed by the H1B visa candidate, provide details of where the candidate will work, the length of the project, and the need for a specific H1B employee by name and other details. Unfortunately, most end-user clients are not willing to comply with such an onerous request. The very reason for the end-user client to hire an outside consulting company is to minimize the burden of administrative or HR responsibilities. Moreover, the law does not require such detailed letters for the issuance of H1B visas.
�MurthyDotCom
I respectfully summarized the position of many of you, our clients or those using candidates who apply for the H1B visa at Chennai, as follows.
End-user clients generally will not issue letters to the consulate, as they do not wish to get involved with the H1B process. The very nature of the employment relationship, when hiring through consulting companies, is to avoid or minimize the work related to hiring candidates.
Employers who sign the H1B documents do so under penalty of perjury and must pay the required prevailing wage, irrespective of whether they have assignments for the H1B candidates. The employer may decide to send the candidate back to his/her home country if enough assignments cannot be found.
Legacy INS (now USCIS) raised many similar issues, in the early- to mid-1990s, regarding the length and nature of the projects in the U.S., timetable of assignments, and the H1B employer�s ability to pay the required prevailing wage. Senior Legacy INS officials from headquarters in Washington DC addressed the concerns of those examiners by pointing out that the law does not permit them to investigate a U.S. employer�s ability to hire H1B employees. The USCIS is bound by memos and policy guidance of the Legacy INS. After that memo, Legacy INS stopped issuing lengthy RFEs on these matters.
The law does not require any such letters by end-user clients for the issuance of the H1B visas to the visa applicants.
Delays in the issuance of H1B visas cause many of the employers considerable financial (http://immigrationvoice.org/forum/#) loss and postpone the implementation of projects. This results in the additional loss of revenues and credibility with their clients, due to their inability to produce in a timely fashion the required specialty-worker candidates.
Thanks for the post. Is there such a requirement when there is a renewal of H1B ?
I discussed the matter of the Consular section requiring end-user client (http://immigrationvoice.org/forum/#) letters. Many H1B employers and employees, as well as several AILA attorneys, have approached me as well as the Murthy Law Firm, inquiring about this. The matter deals with the fairly recent requests for letters from supervisors of the end-user clients. These requests require the end users to outline the nature of the job to be performed by the H1B visa candidate, provide details of where the candidate will work, the length of the project, and the need for a specific H1B employee by name and other details. Unfortunately, most end-user clients are not willing to comply with such an onerous request. The very reason for the end-user client to hire an outside consulting company is to minimize the burden of administrative or HR responsibilities. Moreover, the law does not require such detailed letters for the issuance of H1B visas.
�MurthyDotCom
I respectfully summarized the position of many of you, our clients or those using candidates who apply for the H1B visa at Chennai, as follows.
End-user clients generally will not issue letters to the consulate, as they do not wish to get involved with the H1B process. The very nature of the employment relationship, when hiring through consulting companies, is to avoid or minimize the work related to hiring candidates.
Employers who sign the H1B documents do so under penalty of perjury and must pay the required prevailing wage, irrespective of whether they have assignments for the H1B candidates. The employer may decide to send the candidate back to his/her home country if enough assignments cannot be found.
Legacy INS (now USCIS) raised many similar issues, in the early- to mid-1990s, regarding the length and nature of the projects in the U.S., timetable of assignments, and the H1B employer�s ability to pay the required prevailing wage. Senior Legacy INS officials from headquarters in Washington DC addressed the concerns of those examiners by pointing out that the law does not permit them to investigate a U.S. employer�s ability to hire H1B employees. The USCIS is bound by memos and policy guidance of the Legacy INS. After that memo, Legacy INS stopped issuing lengthy RFEs on these matters.
The law does not require any such letters by end-user clients for the issuance of the H1B visas to the visa applicants.
Delays in the issuance of H1B visas cause many of the employers considerable financial (http://immigrationvoice.org/forum/#) loss and postpone the implementation of projects. This results in the additional loss of revenues and credibility with their clients, due to their inability to produce in a timely fashion the required specialty-worker candidates.
Thanks for the post. Is there such a requirement when there is a renewal of H1B ?
vinabath
10-24 11:11 AM
I have a different opinion.