Wednesday, June 15, 2011

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  • Gate_jj
    05-07 09:56 PM
    My friend was on situation. He consulted lawyer. If already change of status is applied from October 1 you will be in H1. But if you go out of country and come back before October 1st with L1 visa, you are COS will not be valid. Youcan continue in L1. But only problem is you can not switch to H1 later without stamping.


    Can you please explain the above ....

    I am on L1 and wife on L2 with EAD , Now I applied for H1 for both of us with a New company. I would like continue with the L1 from the old company, in case only I get the H1 !!.

    None of the explaination says this explicitly , does any one know something more in detail ..

    Thanks for all the help
    -j





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  • kumar1
    12-10 03:24 PM
    Do some population control in India and China, that would automatically fix the issue of retrogression. We are simply too many and we have clogged the system real bad. every 6th person on the face of this earth is Indian.





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  • paskal
    01-27 01:54 PM
    alisa

    i hope that country caps are removed
    i also hope it's not at your expense :-)
    i don't see why people think these things are mutually exclusive
    we all want the best to happen- for ourselves- and as much as we can help it
    for everyone else too!!
    great work on putting the data together, hopefully we can develop some concise sound bites to present to affected people and to lawmakers.
    i do suggest that the final summary should show 3 examples

    China EB2 and EB3
    India EB2 and EB3
    ROW EB3

    this way everyone affected sees something about themselves





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  • voldemar
    06-20 06:01 PM
    its illegal to take color photocopies of driver licences, ONLY send b/wAnd wait for RFE.
    USCIS is asking for COLOR copies of DL and passport.



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  • Tito_ortiz
    02-28 01:04 PM
    Unfortunately, Obama is not changing much. The mortgage bailout is just a show. Almost irrelevant.

    What a lovely change. Every time Obama and his press Secy opens their mouth, markets dive into red. In this country Main Street and Wall Street are in bed with each other :-)
    Obama with his sense-less economic policies, trying to separate Main Street from Wall street. Government needs to seriously lure the investors to the market , cut capital gains and taxes, take off protectionist hats and recover the economy. Then Obama can go with his socialist/populist agenda but certainly this is not the right time.:D





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  • shreekhand
    07-04 10:28 PM
    A nicely presented opinion by Ramba, but there are obvious flaws in the anaylsis. Here are my observations

    1.) The contention that they followed the recommendations of the Omb report and went back to pre-1982 method cannot be true. They cannot follow that without violating 8 USC Section 1255 (b) which clearly states that a visa number is reduced AFTER the approval of the I-485.

    2.)There were 40K visas remaining at the time of the Jun 13 bulletin according to AILA. The 60K number as per DoS might have been from end of May. We most note the fact from the CIS I-485 Standard Operating Procedure that when a petition is "documentarily qualified and approvable" a request is made for a visa number, if such number is not available that petition is put into a approved pending availability of visa number list. This makes it amply clear that the CIS knew the exact number of approvable petitions.(might be ~40-60K) The DoS might also have known that.

    3.) So what happened ? Looks like the DoS did not expect the CIS to get those petitions quickly from storage, assign a visa number, stamp and sign petitions with the speed that CIS did it with. As a matter of fact, we can clearly deduce from inquiries made my petitioners in the month of May that soon after the June bulletin was released in May, the petitioners were informed by IO's that their files are now been retrieved and have been assigned to officers for approval in June !

    4.) This shows that the CIS swift approval (i.e retrieval, assigning visa #, stamp, signature) activity especially the retrieval part did not start on June 1, or June 13 but well before in mid May if not earlier.

    5.) Now maybe they assigned the visa #'s to the approvable petitions (in line with the law) already but they are still going on with the stamp, signature part (as evidenced by people receiving approvals e-mails even on July 2nd and 3rd.. and other forums)

    6.) Suspension of PPS at NSC and TSC -- Now why should that happen ?
    If they have already used up the EB quota one would ask that much amount of man hours are now free isn't it !!?
    But the above points might show us that they might need it to simply finish off the paperwork of the approvable petitions in the month of July. Remember signing off on 40K+ petitions is not a 1 month job, but just assigning visa numbers might be. It is very certain to me that we will see approvals well within July!

    Loose ends:

    1.) What baffles though is the allocation of all visa numbers before the last quarter of FY 07 ! Maybe there is loophole there that allowed them to do so.

    2.) How did visa number for EB1 for a top scientist from say an undersubscribed country such as Ukraine also get used up ??!



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  • nomad
    07-17 12:58 AM
    IVers,
    I have created a blog entry here http://utubecitizen.blogspot.com/ regarding numbersusa.com

    I have gone through all the posts in this thread, and have taken some of the members comments/points. Am planning to reveal true colors of Lou Dobb, and Tancredo etc in the following days. Please check it out. Please dont consider it as an advt.

    thanks





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  • willwin
    03-20 12:14 PM
    NO, no way.

    There are tens of thousands of EB2 India applicants from 2000 to 2002. Add labor substituters, EB2 converters, and you'll be lucky to see EB-2 India at even Dec 2002. Most likely within a few weeks of Apr, all EB-2 India visas will get used up. Keep in mind the new EB-2 numbers are from EB-1 India flowover. So it's going to last even less time than Oct-Nov last year.

    If USCIS does not use over 100K VISA numbers by May 31st or june 15th, then DOS will 100% move the dates forward for both India and China (and for EB3 and EB2). That's the only way DOS can use close to 140K before FY ends.

    Dates may or may not become current as DOS learnt a lesson or two last year. But, dates will move forward. I won't be surprised if EB3 goes to Dec 2005 (atleast) and EB2 goes to Dec 2006 (atleast) by july 2008 VISA bulletin.

    If it does not happen, do not shoot me down. It means, USCIS has used most of the numbers from this FY and then people will get their GC based on their PD and per country quota and other norms.

    Going by past history, USCIS will not use the numbers and dates will move. Less than 100 days, wait and see.



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  • eb3retro
    08-20 11:39 AM
    My kids are 7 & 9. Our fingerprinting and photo date is this Saturday Aug 25.


    My child is 6 1/2 years old and not sure why they didnt send a FP notice for the child.





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  • ramus
    07-03 05:32 PM
    Please ask others to do it now...

    Thanks.



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  • agaudi
    11-13 12:10 PM
    The are playing with all of us, At this point after almost 10 years of following the law in order to get a GC I guess that is better to be undocumented. They at least can swith jobs or do other things, not paying lawyers USICS fees taxes etc etc. We are prisoners in this broken immigration system. the other day I called USCIS to see why my and my family's apps haven't been processed yet. They said they will review my case. 5 days later I got three identical e mails telling me they are ACTIVELY working on our cases! Can you believe that? I'm tired of all of this and I want to do whatever it takes to finish with this, I think I can produce more for me, my family and this country, but I'm loosing my youth in this battle. Tell me what to do and I'll do it.





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  • coopheal
    04-10 04:56 AM
    Visa Bulletin for May 2010 (http://www.travel.state.gov/visa/frvi/bulletin/bulletin_4805.html)

    The biggest surprise is EB3 Mexico. It just turned to U. How is that possible??
    Can this happen to EB3-I India as well??



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  • masouds
    02-15 04:24 PM
    Are you sure this is the reason why they have per country limits :confused:
    Or you dont want that way :D

    Well, I do have a vested interest in maintaining status quo, at least with regard to the per country caps. :)
    But, working in one of the Valley companies, I see a lot of people from India and China who just don't mix with rest of the people, say, from Poland or Germany or France or Iran. US (the whole government, including USCIS) likes the idea of 'Melting pot' when it comes to immigration. When you melt a lot of metals with each other, you don't end up with a fragmented alloy, since you've capped the amount of each metal in your pot. That is how you get 'Little Italy's and 'China Town's and the latest one in San Jose, CA: 'Saigon Business district'





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  • alisa
    01-27 09:25 AM
    I am glad you posted this.
    I will put the numbers in the excel spreadsheet and see what comes out.
    But these might give more sensible results than the preposterous wait times that we were getting.

    If the average depletion rate for India is 34K per annum, then the wait times would look a lot better I think.

    I am assuming that these numbers include the dependents. So, if 34K adjustment of status were awareded, then, roughly speaking, there were 17K primary applicants, and 17K dependents? Am I correct?

    Also, for the accumulation rate, when we say that 65K H-1 visas are given out annually, I am assuming that does not include the dependents. Am I right??


    FISCAL ------ Employment ------- EB3
    YEAR ----- Total ---- INDIA | Total --- India
    2000 ----- 111,024 | 15888 | 51,711 | -5567 :IV FY 2000 (http://travel.state.gov/pdf/FY2000%20table%20V.pdf)
    2001 ----- 186,536 | 41720 | 90,274 | 16405 :IV FY 2001 (http://travel.state.gov/pdf/FY2001%20table%20V.pdf)
    2002 ----- 171,583 | 41919 | 87,574 | 17428 :IV FY 2002 (http://travel.state.gov/pdf/FY2002%20table%20V.pdf)
    2003 ----- -83,020 | 20818 | 47,354 | 10680 :IV FY 2003 (http://travel.state.gov/pdf/FY2003%20table%20V.pdf)
    2004 ----- 157,107 | 39496 | 88,114 | 19962 :IV FY 2004 (http://travel.state.gov/pdf/FY04tableV.pdf)
    2005 ----- 242,335 | 47160 |122,130 | 23399 :IV FY 2005 (http://travel.state.gov/pdf/FY05tableV.pdf)
    6 yr total - 951,605| 207001| 487,157| 93441
    Annual Avg --------- 34500 | -------- 15574

    If this trend would have continued. There should not be any MAJOR retrogression problem, but if you remember from the Nov 05 VB. The warning was very clear:

    During FY due to anticipated heavy demand, the AC21 provisions are not expected to apply, and the amount of Employment numbers available to any single country will be subject to the 7% cap. It is anticipated that the addition of unused FY-2005 Family numbers and the remaining AC21 numbers to the 140,000 annual minimum will result in an FY-2006 annual Employment limit of 152,000. This will mean an Employment per-country limit for FY-2006 of approximately 10,650.
    To illustrate the effect of the reduced per-county limitation during FY-2006 on the oversubscribed countries, it should be noted that during FY-2005 India used approximately 47,175 Employment numbers.


    If you plug this number into your analysis the result might be a couple of years of advance for your predictions.

    andy



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  • slowwin
    02-18 04:26 PM
    this bill would allow to adjust status to GC, if you lived for the last 5 years continuously except for casual absence. It does not eliminate H1B, but makes it tougher at advertisement stage for EB.





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  • Chiwere
    02-13 04:04 PM
    His views are distorted.

    Can Americans go to India on H1B or similar visa to get work? No? Well, so think about it.

    Skilled immigrant not mucho good googling....:D

    The Indian Consulate, New York, provides information on the relevant
    Visas. It appears you will have to apply for an Employment Visa. There
    is detailed information on the page and a Visa Application Form. I
    note there is also a Journalists Visa which is for three months. I
    don?t know if this is applicable to your situation.

    This is some of the relevant information.

    EMPLOYMENT VISA: Employment visas are initially issued for one-year
    stay. A copy of the contract with the employer has to be enclosed.
    Kindly note that Employment Visa is given only for jobs that require
    very high level of skills and expertise. This can be extended by
    Foreigners Regional Registration Office in India, if the job contract
    continues. Spouses and children are granted co-terminus entry visas on
    request.
    http://www.indiacgny.org/php/showContent.php?linkid=23



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  • gcformeornot
    03-16 12:52 PM
    think IV membership should be vetted. Only way to stop fools like these.





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  • gsc999
    07-24 05:05 PM
    Guies,
    Dr. Emilio Gonz�lez Ask USCIS is over, we were hoping atleast we get a mention in this chat, but like everywhere we do not even get a mention, thats our plight.

    That was the reason we were requesting IV to set up some kind of webfax to USCIS director, atleast he would be aware of the retrogression issue, then we can build our case from there.

    But any way it is a waste of time.
    ---

    It would be better to focus our energies in a directed fashion on some core issues that have been identified by the core team. Media, Senators, House members and other have become familiar with our issues. Will it be worthwhile to add these new provisons that might dilute our original charter? Let us address the key causes e.g. few immigrant visas, family counted towards visa numbers, re-capture past visas, increase immigrant visas etc.





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  • nlssubbu
    08-06 05:46 PM
    I have an AP and my Priority date is current. What will happend to my AP when my 485 is approved and I am out of country?

    I was in India when my 485 was approved. I entered using AP and at POE the officer looked at me with a smile saying my 485 was approved. I told them that I know through the e-mail notification as well as from my attorney. Faced no problem. Please keep your AP handly during your return.

    Wishing you to get your GC soon :)





    alex99
    04-07 05:04 PM
    HI BharatPremi,

    Thanks for your response.
    are the cases with 'Received Regional Office' status should be counted as Certified cases?.

    Regards,
    Alex





    venkataramesh
    07-02 01:14 PM
    Done



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