msp1976
02-08 05:31 AM
We always thought that there is 360k application in BEC and since those LC have PD from 2000 to 2005 there are no chances of fast movement of PD in year 2007 especially for EB3 and EB2(Indian , China).
After reading this news it seems employer withdrew many cases, which they filled for employee who no longer work for company, so certified case is going to be only 100k, much lesser then 360 k. How many more years it will take to clear these 100k LC? I don't think it should take more then 2 years...
But you know logic doesn�t work with US immigration system and we also don�t know how many people are applying through EB1 and EB2-ROW, which are current, we also don't know how many people are already sitting in 485 stage�
Let's go by the published percentages.....
21% closed + 11% withdrawn + 2% denied... = 33% fell off the wagon..
Let's assume that the same trend holds.....
At the end BEC ....out of 360K approx.....240K certification would come out....Margin of error let's bring the number down to 200K.......
Assume 1.1 spouse+child each principal....
That make total 410 K in the line just from BECs.....This is a conservative estimate...
The main problem is that 7% country quota hits too quickly for India/China...Then ROW remains current and USCIS would keep processing ROW as they keep coming...Where as we India/China keep waiting for the overflow to occur.....
There is no solution but to increase the total numbers...
After reading this news it seems employer withdrew many cases, which they filled for employee who no longer work for company, so certified case is going to be only 100k, much lesser then 360 k. How many more years it will take to clear these 100k LC? I don't think it should take more then 2 years...
But you know logic doesn�t work with US immigration system and we also don�t know how many people are applying through EB1 and EB2-ROW, which are current, we also don't know how many people are already sitting in 485 stage�
Let's go by the published percentages.....
21% closed + 11% withdrawn + 2% denied... = 33% fell off the wagon..
Let's assume that the same trend holds.....
At the end BEC ....out of 360K approx.....240K certification would come out....Margin of error let's bring the number down to 200K.......
Assume 1.1 spouse+child each principal....
That make total 410 K in the line just from BECs.....This is a conservative estimate...
The main problem is that 7% country quota hits too quickly for India/China...Then ROW remains current and USCIS would keep processing ROW as they keep coming...Where as we India/China keep waiting for the overflow to occur.....
There is no solution but to increase the total numbers...
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unitednations
03-31 11:56 AM
Can you upload the denial notice - off course you can erase the confidential information. It will be useful to us.
I'll have to do it by tomorrow. there is nothing special in the denial notice.
I'll have to do it by tomorrow. there is nothing special in the denial notice.
immigrant2007
03-21 11:59 AM
I know many people are going to blast me and curse for after reading my post but I think NEw H1b , greencard applicaitons , or any other route that leads to GC should be banned for countries that are severly retrogressed in EB category ...same for the FB based new applications....Doesn;t make sense..one side US business needs H1s so they fight to get it in thier favor but on other side the life of these H1b / L1/L2 guys becomes miserable the moment they get in the GC line.....
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chanduv23
01-22 09:43 AM
That is correct. Since H1-B petition is filed by employer, it can only be legally challenged by the employer only. Employee is beneficiary and therefore has very limited legal rights to challenge even if petition is denied.
Now, consider this hypothetical example, on practical note, if an employer files a legal suit, the employer must be able to defend his H1-B obligations for all its employees. That includes paying H1-B wages on "bench", H1-B worker working on sites specified by LCA, reporting to USCIS when H1-B worker resigns or is fired. This could be problematic for many small-time job-shops (aka body-shoppers).
________________
Not a legal advice.
Lets not assume we know all legal stuff.
Defining employer - employee relationship is different from abuse and we cannot relate these two.
I do agree that to challenge the law rightfully, one has to have credibility.
Now, consider this hypothetical example, on practical note, if an employer files a legal suit, the employer must be able to defend his H1-B obligations for all its employees. That includes paying H1-B wages on "bench", H1-B worker working on sites specified by LCA, reporting to USCIS when H1-B worker resigns or is fired. This could be problematic for many small-time job-shops (aka body-shoppers).
________________
Not a legal advice.
Lets not assume we know all legal stuff.
Defining employer - employee relationship is different from abuse and we cannot relate these two.
I do agree that to challenge the law rightfully, one has to have credibility.
more...
gcformeornot
01-30 09:54 PM
on both
kiran_k02
12-11 12:05 PM
Sent my immigration story to Obama through this site. Please do your part and send your story.
Every story counts towards making Congress take some action to resolve current Immigration issues.
Every story counts towards making Congress take some action to resolve current Immigration issues.
more...
waitingGC
02-01 12:28 PM
I'm not working in the IT industry and this is the first time I have some idea about what the desi companies are doing in US. Yes, I think these desi companies and people who conducted those fraudulent behaviors are partly responsible for our situation here. I believe most H1B holders are decent people while some like those mentioned in the article are nuts. Bad purges good. Now all H1b holders have to pay the price.
Besides, I think those who conducted these fraudulent behavior do not deserve to be called "high-skilled workers".
Besides, I think those who conducted these fraudulent behavior do not deserve to be called "high-skilled workers".
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willigetagc
08-19 02:05 PM
Congrats! Well, in my case, I would become a Senior Citizen before I become a Citizen of this country. :D My signature says it all.
:p
:D:D good one. But isn't that nice to get both GC and social security at the same time.... ?
:p
:D:D good one. But isn't that nice to get both GC and social security at the same time.... ?
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MetteBB
06-08 09:12 AM
well... since my entry is in there is really no need to wait till the 30th. It will surely win ;) :lol:
On a more serious note... there havent been alot of entries lately. Perhaps give ppl one more week and then end it?
/mette
On a more serious note... there havent been alot of entries lately. Perhaps give ppl one more week and then end it?
/mette
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aviko21
09-29 02:56 AM
well don;t wanna scare you but this guy might be going for everything!
i mean he is not only going to give the current petition a thump but wants to send your old one down the drain too!
It all might be nothing if you think everything is correct: meaning there is no fraud on your application and your employer is not blacklisted.
Please consult a lawyer raher than worry yourself crazy to find out more.
Good luck
( in think that answers your question 1&3, for the 2 nd question regarding what will happen to your current petition, I hope he doesn;t mess with those cases too)
Sincerely hope i was able to help!
i mean he is not only going to give the current petition a thump but wants to send your old one down the drain too!
It all might be nothing if you think everything is correct: meaning there is no fraud on your application and your employer is not blacklisted.
Please consult a lawyer raher than worry yourself crazy to find out more.
Good luck
( in think that answers your question 1&3, for the 2 nd question regarding what will happen to your current petition, I hope he doesn;t mess with those cases too)
Sincerely hope i was able to help!
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DareYouFireMe
01-29 06:01 PM
By the way, How long it takes to get EB2 labor these days?
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darslee
07-11 01:45 AM
Excellent idea......need only be singles.....:) :)
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unchew
06-22 07:08 PM
He just left us poll-less...
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bskrishna
06-19 05:39 PM
http://www.opencongress.org/person/sponsoredbills/400245_zoe_lofgren
Check out the above website. 6039 is the one relating to STEM and it has 26 co-sponsors
If you're looking for a "hot" bill or a controversial issue that's been in the news recently, but you're not sure of its exact title, our page of Hot Bills by issue area is a great starting point for your search. There you can find groups of the most newsworthy bills, and in some cases the most contentious bills in Congress, as compiled by the editors of OpenCongress. It's a handy cheat-sheet of buzzworthy bills and their official titles. The OpenCongress Blog might have written about it recently too and may offer a helpful plain-language summary
Check out the above website. 6039 is the one relating to STEM and it has 26 co-sponsors
If you're looking for a "hot" bill or a controversial issue that's been in the news recently, but you're not sure of its exact title, our page of Hot Bills by issue area is a great starting point for your search. There you can find groups of the most newsworthy bills, and in some cases the most contentious bills in Congress, as compiled by the editors of OpenCongress. It's a handy cheat-sheet of buzzworthy bills and their official titles. The OpenCongress Blog might have written about it recently too and may offer a helpful plain-language summary
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desi485
02-11 01:09 PM
Friends,
I did a quick search and did not find answer to this. Apologise if this is a repost.
But a co-worker of mine wants to travel on AP. After coming back, he will join my company (right now he is a contractor) as a perm employee on H1. Is it possible and allowed? Can he transfer H1 after using AP?
Our company attorney confirmed that his H1B will remain valid even after using AP. But she is not sure about transfer. I will post her reply once she gets back to him. But in meantime, if anyone has any idea about this, please share.
I did a quick search and did not find answer to this. Apologise if this is a repost.
But a co-worker of mine wants to travel on AP. After coming back, he will join my company (right now he is a contractor) as a perm employee on H1. Is it possible and allowed? Can he transfer H1 after using AP?
Our company attorney confirmed that his H1B will remain valid even after using AP. But she is not sure about transfer. I will post her reply once she gets back to him. But in meantime, if anyone has any idea about this, please share.
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vxb2004
07-18 08:40 PM
I don't know why but we tend to be satisfied with lsmall benefits...
I agree with you "something (EAD and AP) is better than nothing"
But i bet you ..you will find your self in the same situation of agony and endless waiting for the final Green card.
I bet most of the people don't use your ead and AP as it puts you in a gray "Adjustment of status". They are good to have though. But you will see...how painful it is to decide to use them or not..
What i want to say is that being able to apply for EAD and AP is not the end of the battle..you will be stuck in a depressing situation waiting for the final green card.How do i know? .. I went through it...waiting for GC for the past 4 years.
I dont know its FBI or its just the USCIS incompetence but waiting in the final stage is horrible. Every time you travel you are scared...AP as for as my lawyer goes IT does not guarantee 100% entry in to the country.
After you apply for AP its only 1 year H1 increments.
What i am saying why dont we try for the overall improvement of the GC processing. Why dont we be firm about not wasting the GC numbers and recapturing the unused numbers.
We had a small revolt (peaceful way) and its successful.We dont want to stop there.
LETS FIGHT FOR THE OVERALL IMPROVEMENT OF THE GC PROCESSING
I hope you guys are with me..looking for your comments
Lets cross one bridge at a time. Who knows what favorable changes might happen in future.
I agree with you "something (EAD and AP) is better than nothing"
But i bet you ..you will find your self in the same situation of agony and endless waiting for the final Green card.
I bet most of the people don't use your ead and AP as it puts you in a gray "Adjustment of status". They are good to have though. But you will see...how painful it is to decide to use them or not..
What i want to say is that being able to apply for EAD and AP is not the end of the battle..you will be stuck in a depressing situation waiting for the final green card.How do i know? .. I went through it...waiting for GC for the past 4 years.
I dont know its FBI or its just the USCIS incompetence but waiting in the final stage is horrible. Every time you travel you are scared...AP as for as my lawyer goes IT does not guarantee 100% entry in to the country.
After you apply for AP its only 1 year H1 increments.
What i am saying why dont we try for the overall improvement of the GC processing. Why dont we be firm about not wasting the GC numbers and recapturing the unused numbers.
We had a small revolt (peaceful way) and its successful.We dont want to stop there.
LETS FIGHT FOR THE OVERALL IMPROVEMENT OF THE GC PROCESSING
I hope you guys are with me..looking for your comments
Lets cross one bridge at a time. Who knows what favorable changes might happen in future.
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msp1976
06-21 04:09 PM
Somehow "spinster" sounds so drastic and final...
Yeah
Please change to unmarried individuals...
Yeah
Please change to unmarried individuals...
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satishku_2000
05-24 02:31 PM
Hey hey, I don't have to apply with my current legal name do I? ;)
You know what RFES for Z1 visa would be easy to answer than for H1B visa.
You know what RFES for Z1 visa would be easy to answer than for H1B visa.
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gk_2000
04-22 06:35 PM
Well.. everybody is posting OPINIONS here, so whatever is your point there.
Can you quote the section of the US constitution that prevents discrimination based on "country of origin"?
Thanks for asking this. I found this: Civil Rights Division Home Page (http://www.justice.gov/crt/legalinfo/natorigin.php)
IMO, rather useful in our discussion, though not relating to the constitution. But if you insist, I might point you to the 14th amendment ...
http://en.wikipedia.org/wiki/Fourteenth_Amendment_to_the_United_States_Constitu tion
Read the "Equal protection clause". It mentions this case:
The Court has also struck down redistricting plans in which race was a key consideration. In Shaw v. Reno (1993), the Court prohibited a North Carolina plan aimed at creating majority-black districts to balance historic underrepresentation in the state's congressional delegations
Do you agree that we can draw a direct parallel of this case to our case, where they are segregating visa numbers based on the country of origin?
Can you quote the section of the US constitution that prevents discrimination based on "country of origin"?
Thanks for asking this. I found this: Civil Rights Division Home Page (http://www.justice.gov/crt/legalinfo/natorigin.php)
IMO, rather useful in our discussion, though not relating to the constitution. But if you insist, I might point you to the 14th amendment ...
http://en.wikipedia.org/wiki/Fourteenth_Amendment_to_the_United_States_Constitu tion
Read the "Equal protection clause". It mentions this case:
The Court has also struck down redistricting plans in which race was a key consideration. In Shaw v. Reno (1993), the Court prohibited a North Carolina plan aimed at creating majority-black districts to balance historic underrepresentation in the state's congressional delegations
Do you agree that we can draw a direct parallel of this case to our case, where they are segregating visa numbers based on the country of origin?
vikki76
11-04 02:25 PM
leoindiano: if they are saying that numbers are consolidated- then they must be..now just for endless wait..
sc3
09-24 01:55 AM
You are right, it is very hard to digest, even for you, who seems to support it. And, if I may add, your example it too "complicated" for me. Try giving easy example for me, I am kind a slow, maybe I should get some "preferential treatment". Yes, that's the word, "preferential".
Country quota is NOT affirmative action, nowhere even close. If you are socio-politically dominated by Indian or Chinese, yes, then it is affirmative action. But if you do not come from a place there Indian and Chinese imperial powers have taken over the country, then how are you socio-politically dominated by Indian or Chinese. And if you are not dominated by Indian or Chinese in the country where you came from, then how could it be "like" affarmative action.
Maybe you yet don't know, but Indian and Chinese EB applications cannot vote and they do not have any representation in the US government. So its not that you are "not properly represented" and Indian and Chinese have all the representation. WE ALL HAVE NO REPRESENTATION. Just so that its clear.
Your next argument is that you are "overwhelmed" by Indian and Chinese so there should be country-limits. Well, I can understand that, we are very overwhelming people. You see 40% of the world population gets 14% green card, we tend to become "overwhelming" for other.
Observation: Each time, I reply to each and every part of your post. But you totally ignore what I write. You did not answer whether you think you are equal? inferior? or superior? That is the question. Hope you answer that.
Quota system treats everybody anything but "equal". And this is not just the question of equality, because I am sure you agree that we are equals. It is the question of PREFERENTIAL TREATMENT. You are in the category getting preferential treatment, so you oppose any change, you "create" arguements that you were "promised" a system when you came, and thus any change to the system, before you get your green card would be WRONG and UNFAIR. So you should continue to get that PREFERENTIAL TREATMENT. And PREFERENTIAL TREATMENT to you is NOT WRONG AND UNFAIR. Right?
BTW, hope you liked the You tube video, Frank is really good. I do not want you to go, so that's why I posted the video. Hope it helped you to stick around. Now don't say you have the right to watch it 5 times and I can watch it only once because I am from India and you are ROW :D
Cheers,
I did answer you question, though not explicitly. I hinted that all of us are equal. And BTW: I am an Indian!! (with India as my chargeability area).
Everybody: no posts about frogs pulling down frogs, alright. This discussion is anything but.
And Thanks for the vid post. I am a sucker for comedy (anything to get out of the tragedy that is GC process).
Country quota is NOT affirmative action, nowhere even close. If you are socio-politically dominated by Indian or Chinese, yes, then it is affirmative action. But if you do not come from a place there Indian and Chinese imperial powers have taken over the country, then how are you socio-politically dominated by Indian or Chinese. And if you are not dominated by Indian or Chinese in the country where you came from, then how could it be "like" affarmative action.
Maybe you yet don't know, but Indian and Chinese EB applications cannot vote and they do not have any representation in the US government. So its not that you are "not properly represented" and Indian and Chinese have all the representation. WE ALL HAVE NO REPRESENTATION. Just so that its clear.
Your next argument is that you are "overwhelmed" by Indian and Chinese so there should be country-limits. Well, I can understand that, we are very overwhelming people. You see 40% of the world population gets 14% green card, we tend to become "overwhelming" for other.
Observation: Each time, I reply to each and every part of your post. But you totally ignore what I write. You did not answer whether you think you are equal? inferior? or superior? That is the question. Hope you answer that.
Quota system treats everybody anything but "equal". And this is not just the question of equality, because I am sure you agree that we are equals. It is the question of PREFERENTIAL TREATMENT. You are in the category getting preferential treatment, so you oppose any change, you "create" arguements that you were "promised" a system when you came, and thus any change to the system, before you get your green card would be WRONG and UNFAIR. So you should continue to get that PREFERENTIAL TREATMENT. And PREFERENTIAL TREATMENT to you is NOT WRONG AND UNFAIR. Right?
BTW, hope you liked the You tube video, Frank is really good. I do not want you to go, so that's why I posted the video. Hope it helped you to stick around. Now don't say you have the right to watch it 5 times and I can watch it only once because I am from India and you are ROW :D
Cheers,
I did answer you question, though not explicitly. I hinted that all of us are equal. And BTW: I am an Indian!! (with India as my chargeability area).
Everybody: no posts about frogs pulling down frogs, alright. This discussion is anything but.
And Thanks for the vid post. I am a sucker for comedy (anything to get out of the tragedy that is GC process).
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