GCScrewed
07-04 11:06 AM
Paskal,
It is possible that EB1 C might become unavailable, because you might be looking at it more closer than I am. But I still find it hard to believe that an MNC will just create a phony Managerial position for every Joe Bloggs, an abuse similar to Labor substitution and satellite offices in states where labor processing was fast etc. Lets say an MNC really promoted some one to a position that qualifies for EB1, moves him out and moves him back, it is still by the book and can't be compared to labor sub, which were sold for money. Labor sub by itself is NO crime irrespective of what we think. The rampant abuse of it caused the demise. Same rule applies to some one who goes out and comes back as its all by the rules and no abuse is involved. In responding to the OP, My intention was to say that MNC's do not go to such an extent of creating a Managerial position that do not exist or have an employee do the same work in the name of managerial position. Some companies might have abused it in such way on few occasions, but thats definitely NOT a practice as rampant as Labor Sub's once was. If that were true and as easy as depicted, A lot of people & companies would have done it, by now. We don't need to teach the gamers. They are a step ahead in getting things done, if there is a way.
Given the severe backlog of EB2 and EB3, some people will find ways to outsmart the system so that they can get the greencards sooner. If those loopholes are not plugged now, it will make a mess just as Labor Sub once did.
I think we should pursue a goal that benefit everyone in the backlogs... not just a specific types, say I, C vs ROW; EB1 vs. EB2 vs. EB3; STEM vs. Non-STEM; Schedule A vs. Non-Schedule A; Healthcare vs. Non-Healthcare; IT vs. Non-IT. The only cause which will get everyone on the same page and therefore is worth pursuing is to recapture unused #s so that all people in the backlogs can go through the pipeline quickly. Of course, all the government agencies, esp. USCIS, must be held accountable for processing cases in a consistent and orderly way. This may be another goal IV should pursue. Just my opinion.
It is possible that EB1 C might become unavailable, because you might be looking at it more closer than I am. But I still find it hard to believe that an MNC will just create a phony Managerial position for every Joe Bloggs, an abuse similar to Labor substitution and satellite offices in states where labor processing was fast etc. Lets say an MNC really promoted some one to a position that qualifies for EB1, moves him out and moves him back, it is still by the book and can't be compared to labor sub, which were sold for money. Labor sub by itself is NO crime irrespective of what we think. The rampant abuse of it caused the demise. Same rule applies to some one who goes out and comes back as its all by the rules and no abuse is involved. In responding to the OP, My intention was to say that MNC's do not go to such an extent of creating a Managerial position that do not exist or have an employee do the same work in the name of managerial position. Some companies might have abused it in such way on few occasions, but thats definitely NOT a practice as rampant as Labor Sub's once was. If that were true and as easy as depicted, A lot of people & companies would have done it, by now. We don't need to teach the gamers. They are a step ahead in getting things done, if there is a way.
Given the severe backlog of EB2 and EB3, some people will find ways to outsmart the system so that they can get the greencards sooner. If those loopholes are not plugged now, it will make a mess just as Labor Sub once did.
I think we should pursue a goal that benefit everyone in the backlogs... not just a specific types, say I, C vs ROW; EB1 vs. EB2 vs. EB3; STEM vs. Non-STEM; Schedule A vs. Non-Schedule A; Healthcare vs. Non-Healthcare; IT vs. Non-IT. The only cause which will get everyone on the same page and therefore is worth pursuing is to recapture unused #s so that all people in the backlogs can go through the pipeline quickly. Of course, all the government agencies, esp. USCIS, must be held accountable for processing cases in a consistent and orderly way. This may be another goal IV should pursue. Just my opinion.
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deepimpact
09-10 01:53 PM
If USCIS wants to do another JULY 2007 they never learnt their lession. With the Quarterly/annual quota I dont think USCIS legally can make EB2 current. I hate another JULY 2007 for sure.
They can make a category current when Demand < Supply. So once all I-485s prior to 2007 are approved the monthly demand data they publish will show demand Prior to CY2011 = 200. So unless they use approved I-140 to determine demand , DOS will make the dates current(even if for 1 month). As long as USCIS uses pending I-485 data to determine demand, the July 2007 fiasco will keep on repeating every 3-4 years. The key here is to have USCIS provide the actual demand (people with approved I-140s). It was mentioned somewhere that the current USCIS database is not capable of sorting the I-140s by country of chargebility and hence the I-140 data can't be used to determine per country demand.
They can make a category current when Demand < Supply. So once all I-485s prior to 2007 are approved the monthly demand data they publish will show demand Prior to CY2011 = 200. So unless they use approved I-140 to determine demand , DOS will make the dates current(even if for 1 month). As long as USCIS uses pending I-485 data to determine demand, the July 2007 fiasco will keep on repeating every 3-4 years. The key here is to have USCIS provide the actual demand (people with approved I-140s). It was mentioned somewhere that the current USCIS database is not capable of sorting the I-140s by country of chargebility and hence the I-140 data can't be used to determine per country demand.
askbz1
04-07 07:29 PM
http://immigrationvoice.org/forum/showthread.php?p=332839#post332839
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abracadabra102
02-09 04:45 PM
They wasted 580 EB3 India visas last year (2009).
Total available EB3 India GC Visas per year: 2802
Used: 2222
http://www.travel.state.gov/pdf/FY09AnnualReport_TableV_2.pdf
A third of 7% is the upper limit for EB3 I. They can issue fewer Visas based on demand from other countries. Having said that, South Korea and Philippines got more than their fair share. There may be some reason for this.
Total available EB3 India GC Visas per year: 2802
Used: 2222
http://www.travel.state.gov/pdf/FY09AnnualReport_TableV_2.pdf
A third of 7% is the upper limit for EB3 I. They can issue fewer Visas based on demand from other countries. Having said that, South Korea and Philippines got more than their fair share. There may be some reason for this.
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chanduv23
09-28 05:18 PM
I have met a British guy here in New York who was like that. He loved the money, and always smiled to me for the money. But he never even want to lift a finger for the money he has been paid to do. And he despised me and was ashamed of having to talk to me because he was surrounded by some Southerners who were equally racist.
In fact, he even scammed me for money. And he was a businessman and now a CEO of a corporation.
This is a regular practice. This happens to everyone in their daily life. People tend to be nice to u and smile when you are paying money, but after that they let you know that they hate you for what you are.
In fact, he even scammed me for money. And he was a businessman and now a CEO of a corporation.
This is a regular practice. This happens to everyone in their daily life. People tend to be nice to u and smile when you are paying money, but after that they let you know that they hate you for what you are.
sodh
07-25 02:51 PM
http://www.google.com/answers/threadview?id=559556
If an applicant for adjustment wishes to take a new job in the same
or similar occupational classification at the job that was the basis
of his or her employment-based I-140 AND the I-485 has been pending
180 days or more, the new employer may be substituted into the
existing I-485 application without disrupting the application at all.
This is accomplished very easily - NO new petition and no new fees.
Step 1: The applicant notifies INS of the change in intent by letter.
Step 2: The Service should then make a request for a letter of
employment from the new employer.
Voila! Done deal."
http://www.ilw.com/articles/2001,0705-Latour.shtm
This is not new but only Lawyers and the employers who filed your GC knows what position and job duties on which they applied your GC.
If an applicant for adjustment wishes to take a new job in the same
or similar occupational classification at the job that was the basis
of his or her employment-based I-140 AND the I-485 has been pending
180 days or more, the new employer may be substituted into the
existing I-485 application without disrupting the application at all.
This is accomplished very easily - NO new petition and no new fees.
Step 1: The applicant notifies INS of the change in intent by letter.
Step 2: The Service should then make a request for a letter of
employment from the new employer.
Voila! Done deal."
http://www.ilw.com/articles/2001,0705-Latour.shtm
This is not new but only Lawyers and the employers who filed your GC knows what position and job duties on which they applied your GC.
more...
chanduv23
09-19 10:52 AM
I was part of the rally... I am proud of IV and everyone who attended it..WHAT tri-state chapter are you talking about ?? How many people are enrolled in it and how many showed up for the rally???
We have a yahoogroups - I am not sure how many attended from that but it has been passive with only few members posting always - I was constantly posting on that urging people to join the rally.
Around 80 people are signed in, you can sign in by visiting http://iv-tristate.blogspot.com/
We have a yahoogroups - I am not sure how many attended from that but it has been passive with only few members posting always - I was constantly posting on that urging people to join the rally.
Around 80 people are signed in, you can sign in by visiting http://iv-tristate.blogspot.com/
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Googler
02-20 03:11 PM
googler u r the new berkeleybee!!
can u call him in a few weeks and ask him what was the number of eb2 india pre-dec 2003 that he got from uscis?
I try not to abuse his patience too much -- this was the first time ever that I called him twice in the matter of seven days. ;-)
can u call him in a few weeks and ask him what was the number of eb2 india pre-dec 2003 that he got from uscis?
I try not to abuse his patience too much -- this was the first time ever that I called him twice in the matter of seven days. ;-)
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Caliber
03-12 02:21 PM
No one is accusing IV
I have a question for Paapu and IV?
WHAT are you all doing? you want our money and our involvement for what?
FOR THIS? ALSO DONOR FORUM IS FOR THIS?
Pappu if you cannot run this organization, please close it, but don't ask of any IV non donor to donate (http://immigrationvoice.org/forum/#) for the cause, I proposed to you about holding a rally, IT IS A SHAME this organization FAILED to do ANYTHING AFTER 2007.
ILLEGALS ARE BETTER THAN US, SHAME ON US.
AND SHAME ON YOU GUYS.
Is this not called accusing?
For a rally, we will need several thousands of dollars and 100's of volunteers for several days. I am from NJ. We know how much we struggled to get even half bus filled for 2007 rally.
If you are so seiuos about a rally, start a poll how many are willing to attend on a week day and how much each will contribute Monetarily as well as time and effort.
I have a question for Paapu and IV?
WHAT are you all doing? you want our money and our involvement for what?
FOR THIS? ALSO DONOR FORUM IS FOR THIS?
Pappu if you cannot run this organization, please close it, but don't ask of any IV non donor to donate (http://immigrationvoice.org/forum/#) for the cause, I proposed to you about holding a rally, IT IS A SHAME this organization FAILED to do ANYTHING AFTER 2007.
ILLEGALS ARE BETTER THAN US, SHAME ON US.
AND SHAME ON YOU GUYS.
Is this not called accusing?
For a rally, we will need several thousands of dollars and 100's of volunteers for several days. I am from NJ. We know how much we struggled to get even half bus filled for 2007 rally.
If you are so seiuos about a rally, start a poll how many are willing to attend on a week day and how much each will contribute Monetarily as well as time and effort.
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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?
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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amitjoey
07-03 04:17 PM
Thanks titu1972, mhb, sbindval, gsc999, tapukakababa, divakarr for your contributions.
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mdubbaka
03-17 02:37 PM
MY PD is Sep 2002. Filed in July 2007.
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prince_waiting
09-26 10:06 AM
Respected Editor,
Please allow me to being a glaring error in the concerned article. The rally organized by highly skilled legal immigrants in Washington D.C. on the 18th of September 2007 was not for increase in H1B visa numbers. The high skilled immigrant community was protesting against unfair backlogs in the employment based immigration categories. Currently applicants in some categories are facing a wait time of about 8-10 years if they are from a certain country. Applicants with higher degrees (Masters and Doctorate) from US universities are also a part of this backlog. Always illegal immigration overshadows legal immigration on any forum in the immigartion debate and this group of protesters were trying to bring the hihg skilled legal immigration issue into limelight . When countries like Australia,England,New Zealand, Canada and even Ireland are making high skilled immigration easier, the US has not updated its immigration laws in the high skilled sector for the past 20 years. Also with the booming economies of China and India needing more highly skilled workers the competition for talent is hotting up by the day.
CNN being a responsible and influential media house should highlight the issue of high skilled immigration and not skew the facts.
Please allow me to being a glaring error in the concerned article. The rally organized by highly skilled legal immigrants in Washington D.C. on the 18th of September 2007 was not for increase in H1B visa numbers. The high skilled immigrant community was protesting against unfair backlogs in the employment based immigration categories. Currently applicants in some categories are facing a wait time of about 8-10 years if they are from a certain country. Applicants with higher degrees (Masters and Doctorate) from US universities are also a part of this backlog. Always illegal immigration overshadows legal immigration on any forum in the immigartion debate and this group of protesters were trying to bring the hihg skilled legal immigration issue into limelight . When countries like Australia,England,New Zealand, Canada and even Ireland are making high skilled immigration easier, the US has not updated its immigration laws in the high skilled sector for the past 20 years. Also with the booming economies of China and India needing more highly skilled workers the competition for talent is hotting up by the day.
CNN being a responsible and influential media house should highlight the issue of high skilled immigration and not skew the facts.
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perm2gc
12-27 12:58 AM
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http://dallas.eknazar.com/ekClassifieds/product_desc.php?id=126915&al=1
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ita
02-02 03:25 PM
desi3933,
Thanks for your response. I did little digging on the H1 LCA front.Here's what I found out and I have one question too.
Now I've a LCA for my H1.But I also found out that each time I (employee) changes location there will be a new LCA and it's not one LCA per H1, at least in case of consulting.
I guess if there is a RFE we have to attach all the W2 and all the H1 LCA's. LCA has a start date and end date. Now my company says they don't have previous LCA.
If they say they don't have it then I don't know if they will be able to give me LCA if I leave the company and if there is RFE later.
All my W2 amount(s) are in good shape compared to the latest LCA which is for one of major metro areas in NorthEast.
Do you have any idea ,in case of RFE, what happens if we just send W2 without LCA/ with latest LCA?
Thank you.
W2 should be fine in most cases. Additionally, employment letter stating job duties, salary offered, dates is very useful. Please note that this salary could be different from GC Salary, however, it must be within the salary range mentioned in H1 LCA.
____________________
Not a legal advice.
US Citizen of Indian Origin
Thanks for your response. I did little digging on the H1 LCA front.Here's what I found out and I have one question too.
Now I've a LCA for my H1.But I also found out that each time I (employee) changes location there will be a new LCA and it's not one LCA per H1, at least in case of consulting.
I guess if there is a RFE we have to attach all the W2 and all the H1 LCA's. LCA has a start date and end date. Now my company says they don't have previous LCA.
If they say they don't have it then I don't know if they will be able to give me LCA if I leave the company and if there is RFE later.
All my W2 amount(s) are in good shape compared to the latest LCA which is for one of major metro areas in NorthEast.
Do you have any idea ,in case of RFE, what happens if we just send W2 without LCA/ with latest LCA?
Thank you.
W2 should be fine in most cases. Additionally, employment letter stating job duties, salary offered, dates is very useful. Please note that this salary could be different from GC Salary, however, it must be within the salary range mentioned in H1 LCA.
____________________
Not a legal advice.
US Citizen of Indian Origin
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dhesha
03-18 02:26 PM
Any idea how far will it move? Will it come to Dec 2005 ;)
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pitha
01-30 03:20 PM
I believe it is also illegal to work before getting a social security number. When you are on H4 you dont have a social security number (you have an itin which is not good enough for working). You will not get a social security number unless you have work authorization (i797). H1 will start only after october 1, so you can apply for social security number only after October 1 (i.e if you have i 797), it will take you about 4 to 7 weeks to get ssn. You can work only after getting the ssn. Somebody correct me if i wrong here.
One more thing about desi companies.
When you go from H4 to H1 or F1 to H1, you are legally allowed to work for your sponsor only after H1 approval (I-797) comes, not after the receipt notice comes. When you transfer H1s from company A to company B, you can start working as soon as the receipt notice for transfer petition is received. That is the law.
Now, since our dear desi employers are known to be greedy and also known to be comfortable in bending, breaking or ignoring the law, once they file for your H4 to H1 transfer, they would want you to start working right away. Forget about waiting for H1 approval notice, they are unlikely to wait even for the receipt notice. It would be illegal to work on H4 even if you have the receipt notice in your hands for H4 to H1 transfer.
However, they would want you to work, so that you can start generating the revenue for the company. (hey, it costs money to do your transfer and money doesnt grow on trees). And who's gonna know. Once you are a willing participant in this, you are not going to report it, they are not going to report it and the client (your project location) would not even know the difference between H1 and H4. And ICE has its hands full in busting illegals working in meat packing plants.
Now, that is not all. In order to cover up the fact that you were working (and on their payroll) while in H4 without waiting for H1 approval, they may pay you in checks other than payroll checks. Either as an expense check or something else(cash, money order etc). There is another law they are breaking in the process of covering up the immigration law violation. The tax laws. By not paying you on a regular payroll, they cannot deduct your income tax and the employer's payroll tax. So it would be "Off the books".
Anyways, clarify with them that you will not work until you see the original approval of I-797 in your hands. That way, you wont be dragged into this mud.
-------------------------------------------
PS
I am not advocating that anyone break any laws. I am just stating what I have known from this industry and the usual practices so that people can avoid getting into situations where they unknowingly break the laws due to their employers' greed. Also, I am not denigrating Desis or desi companies, I am myself an Indian.
One more thing about desi companies.
When you go from H4 to H1 or F1 to H1, you are legally allowed to work for your sponsor only after H1 approval (I-797) comes, not after the receipt notice comes. When you transfer H1s from company A to company B, you can start working as soon as the receipt notice for transfer petition is received. That is the law.
Now, since our dear desi employers are known to be greedy and also known to be comfortable in bending, breaking or ignoring the law, once they file for your H4 to H1 transfer, they would want you to start working right away. Forget about waiting for H1 approval notice, they are unlikely to wait even for the receipt notice. It would be illegal to work on H4 even if you have the receipt notice in your hands for H4 to H1 transfer.
However, they would want you to work, so that you can start generating the revenue for the company. (hey, it costs money to do your transfer and money doesnt grow on trees). And who's gonna know. Once you are a willing participant in this, you are not going to report it, they are not going to report it and the client (your project location) would not even know the difference between H1 and H4. And ICE has its hands full in busting illegals working in meat packing plants.
Now, that is not all. In order to cover up the fact that you were working (and on their payroll) while in H4 without waiting for H1 approval, they may pay you in checks other than payroll checks. Either as an expense check or something else(cash, money order etc). There is another law they are breaking in the process of covering up the immigration law violation. The tax laws. By not paying you on a regular payroll, they cannot deduct your income tax and the employer's payroll tax. So it would be "Off the books".
Anyways, clarify with them that you will not work until you see the original approval of I-797 in your hands. That way, you wont be dragged into this mud.
-------------------------------------------
PS
I am not advocating that anyone break any laws. I am just stating what I have known from this industry and the usual practices so that people can avoid getting into situations where they unknowingly break the laws due to their employers' greed. Also, I am not denigrating Desis or desi companies, I am myself an Indian.
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willwin
07-28 01:02 PM
I did shake hands with Donald Duck, so did my 4-yr old daughter (in Disney Land), in hindsight I should have washed my hands well after that :(
You are one funny guy in this thread with high sense of humor!! I like that!!!
Only thing I don't like about you is - EB2. (Need to say I am EB3?)
LOL.
You are one funny guy in this thread with high sense of humor!! I like that!!!
Only thing I don't like about you is - EB2. (Need to say I am EB3?)
LOL.
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Macaca
09-26 12:06 PM
Last week 1,000 protestors-mostly legal immigrants-drew attention to the situation of highly skilled foreigners who want to work for companies in the U.S. by marching on Capitol Hill.
The demonstrators were protesting long delays in securing green cards for highly-skilled workers already in the U.S. The lags make it difficult for businesses in fields such as engineering and software development to secure and keep foreign skilled labor in the country, they say. According to immigration and workforce experts, if the nation does not accept more foreign workers with skills in math, engineering and computer science, we risk losing ground in the global economy, because the computer scientists who can't find work in the U.S. will go to work for economic rivals.
The demonstrators were protesting long delays in securing green cards for highly-skilled workers already in the U.S. The lags make it difficult for businesses in fields such as engineering and software development to secure and keep foreign skilled labor in the country, they say. According to immigration and workforce experts, if the nation does not accept more foreign workers with skills in math, engineering and computer science, we risk losing ground in the global economy, because the computer scientists who can't find work in the U.S. will go to work for economic rivals.
techmia
07-01 04:40 PM
Everyone is busy partying.
rajuram
05-26 09:06 PM
FYI, this is common if you are passing close border towns in TX and NM.
No big deal, just carry some copies in your car.
No big deal, just carry some copies in your car.