msyedy
06-13 08:45 AM
Yes that is true. Impact for US companies are minimal and in fact good for US companies and more disadvantage for Indian companies. Mainly those who are running just by H1b persons will have tough time. Actually many small US consulting companies went out of business because they were not able to compete with Indian companies because of H1B.
Let us analyze this thing in depth.
a) According to the restriction which stops consulting
New york city--- Desi Companies will be affected. They will not be able bring H1-B.
CDI, RCG, Bearing Point, Datanomics, .... ..... ... .. there are 1000s of middle vendor which supply the Desi labor to the Wall street companies and more.
I am just talking about NYC. These laborer comes from desi comapnies.
With restriction...desi cannot bring H1-B..the middle vendors are screwed and hence the clients. Due you have an idea how many Indians work for the financial companies that are not a direct hire.
If you stop consulting Wall street's wall will fall. The work that a desi can do in 1 day an american would take three days. At least in my company they have realized it.
You answer this
Let us analyze this thing in depth.
a) According to the restriction which stops consulting
New york city--- Desi Companies will be affected. They will not be able bring H1-B.
CDI, RCG, Bearing Point, Datanomics, .... ..... ... .. there are 1000s of middle vendor which supply the Desi labor to the Wall street companies and more.
I am just talking about NYC. These laborer comes from desi comapnies.
With restriction...desi cannot bring H1-B..the middle vendors are screwed and hence the clients. Due you have an idea how many Indians work for the financial companies that are not a direct hire.
If you stop consulting Wall street's wall will fall. The work that a desi can do in 1 day an american would take three days. At least in my company they have realized it.
You answer this
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morpheus
07-24 10:21 AM
I believe you are overlooking three very important facts.
1. The USCIS main priority at the moment is to reduce backlogs. Unfortunately retrogression works in their favor because it reduces the processing they have to do. Your proposal would increase the processing by forcing them to accept 485 filings and building up a backlog.
2. The USCIS administrator would not be allowed to make a decision like this without input from Congress. It's radically different from concurrent processing, which is a minor administrative change. With AC21, filing 485 without a visa number would allow people to change jobs etc, so it is in the realm of political decisions, not administrative.
3. The USCIS can't even manage to get premium I140 processing (planned since 2002), multi-year EAD's (overdue for years now) or issue regulations on AC21 (due since 2000). Even Congress can barely get them to act!
1. The USCIS main priority at the moment is to reduce backlogs. Unfortunately retrogression works in their favor because it reduces the processing they have to do. Your proposal would increase the processing by forcing them to accept 485 filings and building up a backlog.
2. The USCIS administrator would not be allowed to make a decision like this without input from Congress. It's radically different from concurrent processing, which is a minor administrative change. With AC21, filing 485 without a visa number would allow people to change jobs etc, so it is in the realm of political decisions, not administrative.
3. The USCIS can't even manage to get premium I140 processing (planned since 2002), multi-year EAD's (overdue for years now) or issue regulations on AC21 (due since 2000). Even Congress can barely get them to act!
seahawks
07-25 01:47 AM
Dude/Dudette, I give up. The alien's eligibility and admissibility is decided at I-485 stage - FBI name checks, medical tests ring a bell? The law explicitly states that visa number availabililty is a pre-requisite for the adjustment of status application in 245(a)(3). If you can't understand - or choose to refuse to understand - plain English, have fun arguing with yourself.
I concur, otherwise there won't be a IV forum or confusion and pain that everyone going through retrogession is facing, will we?
I concur, otherwise there won't be a IV forum or confusion and pain that everyone going through retrogession is facing, will we?
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thecipher5
10-12 03:22 PM
Hello!
I don't know if anyone is in or has been in a similar situation. But would appreciate sound advise on the next steps...
My wife and mine PD have been current since September 1st (PD: Apr 2006). We'd received a RFE in 2009 and we'd responded to it in June 2009. The status on USCIS states "Response Review" for both of us and that we should hear back within 60 days of receiving the RFE response which dates back to June 2009.
I've opened a SR, contacted a congressman and still no update or specific feedback since 1st week of September.
What should I do in such a situation?? Can I take an Infopass appointment even though 45 days haven't elapsed since opening SR?
What other avenues can I pursue to obtain concrete feedback on our applications?
all the help appreciated!
thecipher5
I don't know if anyone is in or has been in a similar situation. But would appreciate sound advise on the next steps...
My wife and mine PD have been current since September 1st (PD: Apr 2006). We'd received a RFE in 2009 and we'd responded to it in June 2009. The status on USCIS states "Response Review" for both of us and that we should hear back within 60 days of receiving the RFE response which dates back to June 2009.
I've opened a SR, contacted a congressman and still no update or specific feedback since 1st week of September.
What should I do in such a situation?? Can I take an Infopass appointment even though 45 days haven't elapsed since opening SR?
What other avenues can I pursue to obtain concrete feedback on our applications?
all the help appreciated!
thecipher5
more...
zuhail
03-29 07:29 PM
Hi,
It appears that Visa Re-capturing for EB categories is not high in IV's agenda.
I wrote to the IV team about 3 weeks ago and no response so far.
So if you are interested to personally take part in this effort,
please write to me at fermion_boson@ymail.com and we can do something about it.
I guess everybody have to start somewhere.
Thanks.
It appears that Visa Re-capturing for EB categories is not high in IV's agenda.
I wrote to the IV team about 3 weeks ago and no response so far.
So if you are interested to personally take part in this effort,
please write to me at fermion_boson@ymail.com and we can do something about it.
I guess everybody have to start somewhere.
Thanks.
Lucky7
12-13 05:59 AM
I sent a letter earlier this year to one of my Senators here in CA regarding my 2001 LC and the result i got was that the senators secretary checked my case with USICS and sent a letter stating that my green card was approved 2003.
For somebody who is still waiting for LC recruitment instructions this was a total waste of time and money ( donated $5000. to Senator).
Next week my attorney and i and his other LC DBEC clients are going to try and make an appointment with DOL and see if they will comply.
Number 1 point we shall pursue is to make a $5000.00 premium processing for all DBEC pending LC and have guranteed adjudication in 120 days for all LC with current PD.
This way all clients with current PD will obvouisly pay $5000.00 and DBEC can use the extra funds for remaining cases.
For somebody who is still waiting for LC recruitment instructions this was a total waste of time and money ( donated $5000. to Senator).
Next week my attorney and i and his other LC DBEC clients are going to try and make an appointment with DOL and see if they will comply.
Number 1 point we shall pursue is to make a $5000.00 premium processing for all DBEC pending LC and have guranteed adjudication in 120 days for all LC with current PD.
This way all clients with current PD will obvouisly pay $5000.00 and DBEC can use the extra funds for remaining cases.
more...
sujith1
11-23 10:06 AM
I had a talk with my lawyer and he told me that the salary can be increased. The only condition is that it cannot go below the salary specified in the Labor petition.
Title is always handled internally so that should not be a problem
It is my understanding that when applying for a GC, until you have your LC approved (and possibly I-140), you cannot change your title or salary, beyond what was submitted in the LC application. Technically, the DOL is verifying a 'job' (and the salary related to that job), so in theory, that can't change, not because the employer doesn't want to, but because the law doesn't allow it.
Now, an employer may unofficially get around this (by increasing your bonus payout, or giving you stock, or changing the internal level of your job), but these are 'handouts' that you may get if your employer is fair.
With the backlogs that are in effect for pre-PERM LC approvals, employees can go from 1-3 years without a salary or promotion/job title change, and that is the law! Go figure.
Title is always handled internally so that should not be a problem
It is my understanding that when applying for a GC, until you have your LC approved (and possibly I-140), you cannot change your title or salary, beyond what was submitted in the LC application. Technically, the DOL is verifying a 'job' (and the salary related to that job), so in theory, that can't change, not because the employer doesn't want to, but because the law doesn't allow it.
Now, an employer may unofficially get around this (by increasing your bonus payout, or giving you stock, or changing the internal level of your job), but these are 'handouts' that you may get if your employer is fair.
With the backlogs that are in effect for pre-PERM LC approvals, employees can go from 1-3 years without a salary or promotion/job title change, and that is the law! Go figure.
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puddonhead
08-10 02:25 PM
I think it will be a lot easier to focus out energies to port ourselves to EB2/EB1.
Most of us would have bachelors + 5 years. So EB2 shouldn't be any problem as long as you are willing to change jobs and the employer is willing to file for GC.
Personally, the next time I'm in a position to drive a hard bergain for a job negotiation (still difficult in the current economic environment) - I will try to shoot for a 1 year foreign assignment -> EB1 route. I still curse myself for letting go of one such opportunity in 2006 becuase I did not want to go to London.
So if anybody knows companies that have started filing for GCs again after the freeze of last year - please let us know.
I think that discussion will be far more productive than any wishful reinterpretation of the law.
Most of us would have bachelors + 5 years. So EB2 shouldn't be any problem as long as you are willing to change jobs and the employer is willing to file for GC.
Personally, the next time I'm in a position to drive a hard bergain for a job negotiation (still difficult in the current economic environment) - I will try to shoot for a 1 year foreign assignment -> EB1 route. I still curse myself for letting go of one such opportunity in 2006 becuase I did not want to go to London.
So if anybody knows companies that have started filing for GCs again after the freeze of last year - please let us know.
I think that discussion will be far more productive than any wishful reinterpretation of the law.
more...
iv_only_hope
02-21 04:21 PM
I guess one worst case scenario would be EB1 and EB2 row using upto 39,000 visas each. Then the 140k/ year wait for India and china would extend to eternity
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grinch
03-10 07:31 PM
... OMG...
I'm so pissed at myself. I didn't have time to add anything I wanted, and now my volley looks like crap. But eh, I'm a newb so oh well. I'm gonna keep working on it and posting it in D&D.
http://img.photobucket.com/albums/v403/grinchvader/final.jpg
I'm so pissed at myself. I didn't have time to add anything I wanted, and now my volley looks like crap. But eh, I'm a newb so oh well. I'm gonna keep working on it and posting it in D&D.
http://img.photobucket.com/albums/v403/grinchvader/final.jpg
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whiteStallion
09-10 04:27 PM
i guess they were very happy that they discussed the horse issue and they decided to take a well deserved break...as for 5882 who cares, as one poster mentioned, the horses are US citizens and they support the economy by eating grass. Republicans are happy because legal horses will be eating legal grass as opposed to illegals cutting and shipping grass to the horses. Democrats will be happy because the horses are well looked after.
Nice humour!
Nice humour!
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needGCcool
03-12 09:42 AM
Priyah Dosto,
Visa Bulletin Gaand Mein Ley Lao Ab..... Kuch nahi hone waala.
Look in the mirror and repeat what you wrote DICK HEAD!
Visa Bulletin Gaand Mein Ley Lao Ab..... Kuch nahi hone waala.
Look in the mirror and repeat what you wrote DICK HEAD!
more...
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pappu
12-21 10:56 AM
Conference Details
Date: Wednesday, December 20, 2006
Start Time: 9:00 PM Eastern Std Time
End Time: 10:55 PM Eastern Std Time
Participants: 25
Type of Conference Web-Scheduled Standard
Dial-in Number: 1-605-725-1900 (South Dakota)
Organizer Access Code: *938581 (you must include the leading star key)
Participant Access Code 22558
Hello Varsha,
How was the conf call. pls post some brief notes. All NJ and NY members are invited for the meeting this sunday in CT
http://immigrationvoice.org/forum/showthread.php?t=2645
Date: Wednesday, December 20, 2006
Start Time: 9:00 PM Eastern Std Time
End Time: 10:55 PM Eastern Std Time
Participants: 25
Type of Conference Web-Scheduled Standard
Dial-in Number: 1-605-725-1900 (South Dakota)
Organizer Access Code: *938581 (you must include the leading star key)
Participant Access Code 22558
Hello Varsha,
How was the conf call. pls post some brief notes. All NJ and NY members are invited for the meeting this sunday in CT
http://immigrationvoice.org/forum/showthread.php?t=2645
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Hope_GC
07-16 08:02 PM
I agree with you..
I've so many hard working American friends... it really make me want to work harder to compete with them, but these bunch of cry babies at Numbers are scared of skilled workers, they don't want to upgrade their skills, they want to work 9-5 and get paid for their incompetencies.
I've so many hard working American friends... it really make me want to work harder to compete with them, but these bunch of cry babies at Numbers are scared of skilled workers, they don't want to upgrade their skills, they want to work 9-5 and get paid for their incompetencies.
more...
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Sandeep
02-08 09:16 AM
Admin,
I beg to differ. As far as USCIS is concerned, it just forwards the security clearance request to FBI/Homeland security. It does not follow up unless you sue USCIS. As far as they are concerned, the "ball is in FBI's court" ( exact words of the representative). So NameCheck need to be a separate issue.
So what you are saying is that since this goes to FBI it is an interagency problem. Or that is what USCIS makes it out to be. So what is it that we are requesting
-FBI speeds up its operation?
-USCIS has some follow up system to check with FBI if the number of days elapsed are more than ____ days?
Since you are more knowledgable on this issue, please post
1. Description of the process and the reasons for the delay
2. Solutions that you think we can propose
Remember that none of us are working on this full time and we depend on such info from you. In the end there is no such thing as a "separate issue" - these are all stepping stones to our objective of getting a GC.
I beg to differ. As far as USCIS is concerned, it just forwards the security clearance request to FBI/Homeland security. It does not follow up unless you sue USCIS. As far as they are concerned, the "ball is in FBI's court" ( exact words of the representative). So NameCheck need to be a separate issue.
So what you are saying is that since this goes to FBI it is an interagency problem. Or that is what USCIS makes it out to be. So what is it that we are requesting
-FBI speeds up its operation?
-USCIS has some follow up system to check with FBI if the number of days elapsed are more than ____ days?
Since you are more knowledgable on this issue, please post
1. Description of the process and the reasons for the delay
2. Solutions that you think we can propose
Remember that none of us are working on this full time and we depend on such info from you. In the end there is no such thing as a "separate issue" - these are all stepping stones to our objective of getting a GC.
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Munna Bhai
12-26 06:50 PM
:confused:
more...
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trueguy
08-27 12:44 PM
As per this link and comments by the Director of USCIS-
http://immigrationvoice.org/forum/showthread.php?t=21175
Though we still have challenges to overcome, USCIS is currently showing improvements as a result of process improvements. As of April 25, 2008, USCIS had adjudicated over 65 percent of its FY 2008 target for employment-based visas. With five months to go in FY 2008, this is a strong start. We plan to continue implementing process improvements and new reporting mechanisms for managing these important applications.
I485 Receipt I485 Pending I485-processed FB I-485 EB I-485
Oct-07 237915 842231 50548 42500 8048
Nov-07 51773 845691 48313 42500 5813
Dec-07 35020 833141 47570 42500 5070
Jan-08 35771 813238 55674 42500 13174
Feb-08 38210 787516 63932 42500 21432
Mar-08 43548 762938 68126 42500 25626
Apr-08 50951 742597 71292 42500 28792
May-08 45357 739934 48020 42500 5520
* Data from USCIS months processing report
** Oct 07 Receipt number changed from 137915 to 237915 (just looked incorrect)
** FB is flat (730k-220k CP / 12 months)
We have 113475 EB I-485 processed until May 08 (in 8 months), if we take 80% acceptance rate the number of visa used will be 90780 and if we use 90% acceptance rate USCIS may have used 102127 visas.
June processing numbers are available
I485 Receipt I485 Pending I485-processed FB I-485 EB I-485
June-08 46024 740969 44989 42500 2489
It seems that in FY-2008-Total number of Employment Visas approved were-
Till April 2008=>8048 (Oct'07) + 5813(Nov'07) + 5070(Dec'07) +13174(Jan'08) + 21432(Feb'08) + 25626(Mar'08) + 28792(Apr'08) + 5520(May'08) + 2489(Jun'08) = 115964 (till Jun'08) out of 162704 for 2008.
Also, till April 2008, they had used=> 107955 which is 66% of 162,794.
So, the above comment by the Director of USCIS that till April 08, they had used 65% of the Fiscal 2008 quota is correct.
My guess in July and August is that they have used around 11000.
So liberally there are still 35000 unused visas for Sept. 08 and conservatively around 22000 for Sept. 08.
Do you have this statistics for Jul'2007, Aug'2007,Sep'2007. It will be interesting to know how many I-485 they recieved during Jul'2007 fiasco.
http://immigrationvoice.org/forum/showthread.php?t=21175
Though we still have challenges to overcome, USCIS is currently showing improvements as a result of process improvements. As of April 25, 2008, USCIS had adjudicated over 65 percent of its FY 2008 target for employment-based visas. With five months to go in FY 2008, this is a strong start. We plan to continue implementing process improvements and new reporting mechanisms for managing these important applications.
I485 Receipt I485 Pending I485-processed FB I-485 EB I-485
Oct-07 237915 842231 50548 42500 8048
Nov-07 51773 845691 48313 42500 5813
Dec-07 35020 833141 47570 42500 5070
Jan-08 35771 813238 55674 42500 13174
Feb-08 38210 787516 63932 42500 21432
Mar-08 43548 762938 68126 42500 25626
Apr-08 50951 742597 71292 42500 28792
May-08 45357 739934 48020 42500 5520
* Data from USCIS months processing report
** Oct 07 Receipt number changed from 137915 to 237915 (just looked incorrect)
** FB is flat (730k-220k CP / 12 months)
We have 113475 EB I-485 processed until May 08 (in 8 months), if we take 80% acceptance rate the number of visa used will be 90780 and if we use 90% acceptance rate USCIS may have used 102127 visas.
June processing numbers are available
I485 Receipt I485 Pending I485-processed FB I-485 EB I-485
June-08 46024 740969 44989 42500 2489
It seems that in FY-2008-Total number of Employment Visas approved were-
Till April 2008=>8048 (Oct'07) + 5813(Nov'07) + 5070(Dec'07) +13174(Jan'08) + 21432(Feb'08) + 25626(Mar'08) + 28792(Apr'08) + 5520(May'08) + 2489(Jun'08) = 115964 (till Jun'08) out of 162704 for 2008.
Also, till April 2008, they had used=> 107955 which is 66% of 162,794.
So, the above comment by the Director of USCIS that till April 08, they had used 65% of the Fiscal 2008 quota is correct.
My guess in July and August is that they have used around 11000.
So liberally there are still 35000 unused visas for Sept. 08 and conservatively around 22000 for Sept. 08.
Do you have this statistics for Jul'2007, Aug'2007,Sep'2007. It will be interesting to know how many I-485 they recieved during Jul'2007 fiasco.
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dontcareanymore
07-29 01:35 PM
please let me know how to close the thread. I do not want divide IV.
Don't worry.You have no chance ...........(..........of dividing IV)
IV is ROCK SOLID :):)
.
.
.
.
.
.........
No...... Just joking.
It is already divided and you have no chance of dividing it any further. Look at EB2 Vs. EB3 posts with I am better than you attitude and EBX-I vs ROW posts.
Your thread is just a punching bag :) All had fun giving their 2 cents and this is my 2 cents.
Don't worry.You have no chance ...........(..........of dividing IV)
IV is ROCK SOLID :):)
.
.
.
.
.
.........
No...... Just joking.
It is already divided and you have no chance of dividing it any further. Look at EB2 Vs. EB3 posts with I am better than you attitude and EBX-I vs ROW posts.
Your thread is just a punching bag :) All had fun giving their 2 cents and this is my 2 cents.
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bugmenot
07-16 06:17 PM
thats what is needed, someone needs to hit the numbers coz thats what talks here, calculate the amount that all the h1b's combined are paying/have paid so far, amount that directly benefits the social system , and the amount they will never see as they would have to leave
you have to showcase big big numbers i.e h1b tax is paying for so n so etc social dole etc, and that is the money that they have no gaurantee in ever benefetting from. thats the key
you have to showcase big big numbers i.e h1b tax is paying for so n so etc social dole etc, and that is the money that they have no gaurantee in ever benefetting from. thats the key
desi3933
01-31 05:56 PM
first of thanks a lot for taking time and explaining this in detail.
so if i understand it correctly, I have applied in jul2007 and entered on h1 on dec2007. if i get my gc in 2012. I can not be out of status for more than 6 months between dec 2007 to whenever 2012. So if i start using EAD i need to make sure i have a job almost all the time.
RFE which was posted is clearly looking for past employment history. If W2 shows that in year 2009 i made 40k and my labor cert was for 80K it will be a problem. assuming u r getting RFE in future. this realy is crazy.
Out of status is usually checked until date of I-485 filing. One exception being working without valid and active EAD when I-485 is pending.
H1 status, one should be paid what is mention in H1 LCA and it is not related to LC Salary for green card. LC Salary comes into picture for ability-to-pay issues.
____________________
Not a legal advice.
US Citizen of Indian Origin
so if i understand it correctly, I have applied in jul2007 and entered on h1 on dec2007. if i get my gc in 2012. I can not be out of status for more than 6 months between dec 2007 to whenever 2012. So if i start using EAD i need to make sure i have a job almost all the time.
RFE which was posted is clearly looking for past employment history. If W2 shows that in year 2009 i made 40k and my labor cert was for 80K it will be a problem. assuming u r getting RFE in future. this realy is crazy.
Out of status is usually checked until date of I-485 filing. One exception being working without valid and active EAD when I-485 is pending.
H1 status, one should be paid what is mention in H1 LCA and it is not related to LC Salary for green card. LC Salary comes into picture for ability-to-pay issues.
____________________
Not a legal advice.
US Citizen of Indian Origin
vdlrao
09-26 02:43 PM
Dear Reader,
Thank you for your interest in FSB. We admit that there was a
mischaracterization of the Capitol Hill rally in the story and it was
corrected as soon we realized the error.
We have changed the story to correctly identify the mission as a protest of
the long delays in securing green cards for highly-skilled workers already
in the U.S.
We will work to avoid errors like this in the future.
Best regards,
FSB
Thank you for your interest in FSB. We admit that there was a
mischaracterization of the Capitol Hill rally in the story and it was
corrected as soon we realized the error.
We have changed the story to correctly identify the mission as a protest of
the long delays in securing green cards for highly-skilled workers already
in the U.S.
We will work to avoid errors like this in the future.
Best regards,
FSB
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