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frostrated

09-09 04:20 PM

I have read so many posts in the past where senior members have clearly said that their is nothing possible for EB3 alone and if something is possible it would be for EB.
(as per calculator, I am going to get my GC in 2030) Would contribution of all EB3 help them in any way?

Contributing money will not help, but contributing time and effort will go a long way in alleviating the pain that IV members are going through.
Make it a point to talk to the senators and representatives. They will have meet and greets every now and then. Go to those meetings. Set up appointments with them. Educate them.
If not, there is not going to be any CIR, and all the money that you send to IV will be a donation to IV, and that is all it is to it.

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indianindian2006

07-14 07:05 PM

So whether you receive RFE, NOID depends on adjudicator instead of USCIS rules.

That is the reason I was asking you to try to find from your ex-employer if you could get any news.General procedure from what I have read is to issue a NOID but they have given you a RFE which keeps you alive for now.Maybe your ex-emplyer cancelled your 140 after 180 days but again all this is a shot in the dark and only your ex-employer has the answer for this.

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lahiribaba

02-03 12:28 PM

Mirage - I totally support you man. You got to do what your heart feels like ... If you get too tired of waiting and living this CHAINNNNED life and you want to meet Mr President to let him know how you feel - man by all means you got to do it.. Remember the flutter of a butterfly wings in Jailsalmer starts a tornado in florida... there are numerous occassions when one single man's stand changed the entire nation .. I totally support you . If the good old USA is still a FREE COUNTRY then there is no reason why you should not go ahead...

As for getting support from others it is nice to have support but it does not mean that if they do not support you , you are wrong. What you are saying is RIGHTFULLY JUSTIFIED and every man and woman in this country has the RIGHT TO PURSUE HAPPINESS. After all that is the reason why we want our GC here. There are many people in this forum who are just FOB's and there are many who have just given up after years of waiting .. but people like you can keep the flame alive. Salute and good luck my friend.

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vssanka

03-17 12:06 PM

EB3-India
PD: Mar 2005
EAD-AP approved, FP done

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eb3_nepa

07-05 01:56 PM

eb3_nepa has a colored , structured presentation layer based on the core ideas that you have... This is probably termed Reusability in IT world :-)

Take it easy - I'm kidding !

I love this idea and hinted about it in a more crude way :) :)


Its not about individualistic ideas, but a collection of all good ideas.

Make ALL advanced features such as PMing, emailing members on the forums, accessible to paid members. We are not asking for much JUST $10. If a guy cant pay $10 and that too to basically ask questions, then maybe we dont WANT them on the site, hogging bandwidth.

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malaGCPahije

03-17 04:21 PM

What I am saying is spill over from ROW goes to EB2 first. It does not split to EB2 and EB3 evenly. So more people from EB2 gets visa granted and thus people who joined EB2 bandwagon from EB3 and had earlier PD, they get Visa quickly. Now generally this spillover does not go to EB3 from EB2 having high demand from EB2 and thus EB3 get stuck with conventional numbers with 7% country limit and thus EB3 numbers move slowly. But if that spillover happens for both EB3 and 2 equally than EB3 can also move little bit quickly which is not the case. Thus shortening the queue by switching over to EB2 does not give full advantage to remained lot of EB3.

The recent movement in EB2 have been contributed to the spillover from EB2 ROW. That raises a question over the spill over rules. The EB2 ROW spill over should have helped EB3 ROW. But EB3 ROW is not yet C, however EB2-I moved up. If the spillover happens at the same level, then EB3-I may have hope in the future when EB3-ROW becomes C. Is such an assumption right or wrong?

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kk_kk

06-10 04:53 PM

Sent

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angelfire76

02-13 05:06 PM

You honestly believe that our problems are comprable to the suffering that the real victims of ethnic cleansing go through?

2 different kinds of torture. The mental and the physical. Even though the extent to which we are being made to suffer (voluntary though) is not even close to the ethnic cleansing, all this anxiety about one's future is sure to send us to an early grave.
You cannot treat people like doormats, removing them when not needed as much. Business is a 2-way street.

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tjayant

11-21 09:45 PM

Correct me guys if this is worng, it is my undestanding i can convert from EB3 to EB2 from same employer or from another employer but retain the priroirty date, say i applied by GC under EB3 say in 2003, i can ask my employer to convert to EB2 or another employer can file a new application under EB2 using PERM and use the same priority date as EB3 while file the I485

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survu

06-20 02:20 PM

Got GC for me and for my wife.
It was a long frustrating wait time.I am glad its over now. My best wishes to those that are still waiting.
No RFE at any stage, straight forward case, one time took infopass to just find out the status. Total Wait time 5 and half years.

Here are the dates:
I received the card order production mail on 9 June 2008.
Received the welcome letter on 13th June.2008
Received the Card on 16th June.

PD: June 2001 - EB2- India
I 484 applied on 28 th June 2007 - NSC.
Finger print on Aug 26 th. 2007- NSC.
Sep 26 Got EAD. 2007 - NSC.
Original Labor - Sep 2002, Approved in 2006
Labor substitution on May 1st week. 2007 - NSC.
140 approved on May 2nd week. 2007
Joined fulltime April 3rd week, 2008. New employer applied H1 and received.
I have not sent AC21 letter.
No LUD after finger print.
GC Card received- 16 June 2008, me and spouse.
Thanks,

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mikekanna

03-16 03:38 PM

EB1 - MNC Executive clause from the DOS Website
==============================
Certain executives and managers who have been employed
at least one of the three preceding years by the
overseas affiliate, parent, subsidiary, or branch of
the U.S. employer. The applicant must be coming to
work in a managerial or executive capacity. No labor
certification is required for this classification, but
the prospective employer must provide a job offer and
file a petition with the USCIS.

Q1) Can an H1-B visa holder apply under this category if all other conditions are satisfied?

Q2) Can the clause "Atleast 1 of the 3 preceding years" be
interpreted as "Atleast 365 days in the past 3 years" if all other conditions are satisfied?

The statement does not talk about 1 full year or 1 continuous year. Also if a person's job needs him to travel to the US for a week or so every year for business before completion of 1 year in an overseas country for the same orgn/subsidiary, he would never satisfy the criteria of completing 1 year.

Pls. let me know if anyone has responded to such a situation.

Thanks.

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GW02

02-26 12:42 AM

I swear by Cinema4D, but I don't want to lead teh topic even further off-track.

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eb3retro

08-18 08:52 PM

Alright retro I'm sorry I upset you so much,it was not a remark which was meant to be taken seriously.I know there is no difference in intelligence between the two.Hope you will get cheered now and maybe drop in for a beer sometime.And I hope you get you green card soon too.


thanks for the beer offer, but i dont drink..just an fyi - i got the receipts long back..

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sathyaraj

03-12 04:24 PM

Guys -

I got the Ac21 employment letter from my new employer and they have filed my H1B transfer and I have the following questions:

a. Background check: They are currently doing my background check. How long does it take to complete this process? Even though I do not have any bad history still a little nervous. Is there anything I need to know about this?

b. H1b Transfer receipt: My receipt reached yesterday morning at 10:30 am. Please let me know how long does it take to get the receipt back. This is important for me to take my new job.

Thanks
Sathyaraj

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02-15 05:46 PM

I agree.

What's the use of merit or supply/demand in capitalism. Everything should be by quota, college admission, immigration .. use of toilet paper etc




I don\'t think it\'s fare to allow natives of one country to consume more then a half of the world\'s quota. The Congress has the same view on this problem :)

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desi3933

01-30 09:07 PM

.....
....
She has worked only 1 month in 2009 this will be reflected on 2009 w-2. I have couple of questions:

Will she be considered as "out of status" from Feb 1 to April end?

.....
.....


Before I answer your questions, I have couple of them -

Will she get paid starting Feb 1st? If no, why not. Please explain.
Will she on unpaid leave?
Will she still be Full Time Employee?

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arnab221

09-26 09:39 AM

This is bad what has happened. They need to be educated about the protest.

Is there any email address to the CNN editor? I can writeup a message about this.


You can send the message to editor from the message itself . We should all do that and educate them about what we really need .

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gk_2000

06-11 11:40 AM

Re-sent to CA senators

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vbkris77

04-10 12:28 PM

What you said is absolutely true. EB1 Last year and the year before saw lot more approvals than usual. My reasoning is that even though EB1 was current for all along, they never really approved I140s to give them GC. So In the overall clearing of I140s, CIS cleared lot more EB1 cases and became approved during last 2 years. If you look at the I140 completion in the dash board, it will be very much clear that the completions came down to 4 digits for each month from 5 digits. Receipts continued to be less than 5K per month.

This year, we may see a big dip in EB1 cases and larger EB2 spillover. EB4 spillover is ruled out after this bulletin.


Here are the details for last year and years before:

(Thanks to user "sangiano" on : link: FY2009 Visa Data, Spillover to EB2 - Will it be Similar FY2010 (http://www..com/usa-discussion-forums/i485-eb/498198953/fy2009-visa-data-spillover-to-eb2-will-it-be-similar-fy2010))

Employment Visas 2009

Total Employment Visas for FY2009 = 141,020

Theoretical values without spillover

EB1 28.6% = 40,332
EB2 28.6% = 40,332
EB3 28.6% = 40,332
EB4 7.1% = 10,012
EB5 7.1% = 10,012

Actual values with spillover

EB1 40,978 = 29.1% received c.650 spillup visa used
EB2 46,034 = 32.6% received c.5,700 spillover visas used
EB3 39,791 = 28.2% received c.550 less visas than quota
EB4 9,999 = 7.1% Zero spillup visas to give
EB5 4,218 = 3.0% c. 5,800 spillup visas to give

What is noteworthy is the fact that spillup/spillover visas were only available from EB5.

In addition, EB1 actually consumed spillup visas and did not contribute any spillover visas as a result.

This implies that the total spillover visas available to the 7% limited countries was only c.7,500. Since 5,800 came from EB5, less 650 used by EB1, this gives a subtotal of 5,150. In turn, this implies that there were only 7,500 - 5,150 = 2,350 as spillover from EB2-ROW. In the worst case the difference is entirely from EB5.

I think it gives food for thought and shows the difficulty of trying to second guess visa consumption in Categories that are always current. I accept it might be easier to get a handle on non-NIW EB2 because of the PERM data available for ROW.

I'm not sure why FY2010 would be much different, at least for EB1 spillover.

Additional notes from subsequent posts:


There was significant spillover in FY2007 because (based on 154,497 total EB visas) :

EB1 only used 26,806 out of a possible 44,186 available visas.
EB4 only used 4,794 out of a possible 10,969 available visas.
EB5 only used 793 out of a possible 10,969 available visas.

That gives a potential spillover of 33,731 visas to categories below EB1. In FY2007 that mostly went vertically to EB3.

There was significant spillover in FY2008 because (based on 162,949 total EB visas) :

EB1 only used 36,590 out of a possible 46,603 available visas.
EB4 only used 7,648 out of a possible 11,569 available visas.
EB5 only used 1,443 out of a possible 11,569 available visas.

That gives a potential spillover of 24,060 visas to categories below EB1. In FY2008 that all went to EB2.

The amount *was* smaller in FY2009 because (based on 141,020 total EB visas)

EB1 used 40,978 which was more than the available visas of 40,332 (i.e. it used some of the spillup from EB4/EB5).
EB4 used 9,999 out of a possible 10,012 available visas. (i.e it pretty much maxed out)
EB5 only used 4,218 out of a possible 10,012 available visas. (i.e. much higher than previous years)

That gives a potential spillover to EB2 of 5,161 visas, which is substantially lower than previous years.

This is all his analysis based entirely on historic data (no predictions here; just what has already happened). All credit of analysis goes to him. I never crunched a single number; I am just an "integrater" of the info. Please also note that now we have found out that the word "spillover" should actually be "fall across and down"

Hope this was the info you were asking for.

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vagish

04-04 02:40 PM

It is true. But either Corporate America or Lawyers does not want to address the issues raised by Unions or anti immigrants. They want free ride and does not care about working class. No bold leadership in congress to address both sides issues. Congress members are siding with any one of two groups. Everyone knows that compromise will easily pass. But compromise will not give free ride to any group. Basically moderate H1b and GC increase with protection to US workers without wage pressurw will get most of the congress support. Even with illegal immigration also it is easy to pass if they give citizenship to existing people and allow more workers with complete protection to US workers without wage pressure will get most of congress support.
the reason why Mccain and kennedy partnership failed, because kennedy wanted to put the fair wage clause into the bill so that futurue employees can
atleast get the prevaling wages( it makes sense logically ), but republican Mccain didn't like it because they want employer to pay what ever they feel like,
if that happens you will see that in future the quota for low wage workers will also get filled in one day as we saw with H1B's yesterday, and then even 400000 for semiskilled workers would not be enough.

Iam not saying H1B get paid less, but there is lot of abuse going on,
1500000 application just on aptil 2 tell you a lot of things, no matter how much demand is there, it is outrageous.

when american people see that corporate america wants quota less h1B , they going to be on the streets just like illigals were last year.

thanks

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svr_76

07-29 11:51 AM

Filing H1 and GC(Perm) are 2 different problems. H1 is temporarily hiring a skilled resource whereas GC is the intent to sponser for permanent immigration. And hence PERM processing is more involved.

Big corporation, which have to maintain accurate HR job descriptions/codes etc find that during PERM advertisement, they do find qualified applicants. At that point they cannot continue the process. This "recruitment" process is the most costly of the entire GC process and if they "find/receive" applications from qualified citizens/GC holders/Or ppl who dont need sponsership (read EAD) then they have to stop that process....

So saying that we will do GC is fine..but the current ground realities are different. You can get GC done from Desi consultant bcos the skirt the whole issue and "make" up the job requirement they want..well (read hell) they will even run fake pay stubs for u...so they can do wonders.

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