nomorelogins
04-30 02:34 PM
gcbikari ,
Your argument is wrong. From the PERM FLATDATA Center DATA,
These are the Figures for TOAL LABOR CERTIFICATIONS for all the countries:
2003--->62912
2004--->43,582
2005---->6133
-----------------
1,12,627
---------------
but these numbers you quote are certifications not applications right? many applications during these years may be in BECs?
Your argument is wrong. From the PERM FLATDATA Center DATA,
These are the Figures for TOAL LABOR CERTIFICATIONS for all the countries:
2003--->62912
2004--->43,582
2005---->6133
-----------------
1,12,627
---------------
but these numbers you quote are certifications not applications right? many applications during these years may be in BECs?
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GKBest
10-12 08:02 PM
Please send details with scaned delivery proof to Email: "PublicAffairs, CISOmbudsman" <CISOmbudsman.Publicaffairs@dhs.gov>. This will help him to go to bottom of issue. Step has to taken to avoid this in future. my 2 cents..
Send your scanned delvery proof even if you have your receipt #s on hand because the next problem will be the ACTUAL (hardcopy) receipt of the receipt documents.
Send your scanned delvery proof even if you have your receipt #s on hand because the next problem will be the ACTUAL (hardcopy) receipt of the receipt documents.
humdesi
12-16 06:56 PM
..Having said this, I think I am looking back to go to india after couple more years of stay...
contributions $500
Eveyone says that. Nobody actually goes back.
contributions $500
Eveyone says that. Nobody actually goes back.
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vijjus
12-11 11:38 AM
While it is true that both husband and wife working is a desirable goal, I think we must also consider senthil1's comment above. I personally know desi consulting companies that have placed people on B1 visa, altered resumes to overstate experiences etc. If the rednecks have brought a bad name to the whites, desi consulting companies surely have given Indian immigrants (specially in the SW sector) a bad name. As part of our current effort to voice our issues, we must also look at where we might have gone wrong.
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desi3933
07-08 04:43 PM
The legal reasoning is "Civil Rights Act of 1964" which applies to all individuals employed by a US employer in the US.
Wow! Amazing!
Please ask your attorney to quote this law when you file for H-1B extension, so that USCIS can not reject extension.
This law applies to US resident only. Temp worker (yes, on H1/L1 status, one is Temp Worker from legal point of view) can not claim protection citing this law. Reason: your employment is subject to USCIS regulations. It says right there on your SSN.
.
Wow! Amazing!
Please ask your attorney to quote this law when you file for H-1B extension, so that USCIS can not reject extension.
This law applies to US resident only. Temp worker (yes, on H1/L1 status, one is Temp Worker from legal point of view) can not claim protection citing this law. Reason: your employment is subject to USCIS regulations. It says right there on your SSN.
.
kosars
08-25 02:47 PM
applied July 2nd recieved July 3rd. Entered on 23rd Aug. Got the nos from the back of the checks. Waiting for the Receipts in mail
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dontcareanymore
07-28 12:48 AM
1) First of all this is not the response to just the quoted post, but many on the same lines, especially from delax and others.
2)I believe that that whole process is so screwed up that it is never fair and never will be. Irrespective of what Eb3s hope for and try , Eb2 folks are going to get their GCs and Eb3s will have to wait until stars align for them.
3) I don't really care one way or other , because what you wish,hope or try to do will have no bearing on the outcome.
<Those who think 2 year EADs are because of your letters , stay in the dreamland - ignorance is bliss >
4) I am really happy for Eb2 folks (No way jealous) , just pissed by some attitude here.
Now that I have the disclaimers out of the way, Here is what I have to say:
Why the heck you never made the argument that "law is law" and "There is no compassion" before law crap when you were retrogressed ?
What happened to what law says , when attempts were made to grab visas from ROW with the same "It is not fair" argument ?
What is the yardstick for EB2 ? It is just what your employer says it is. I know so many in body shops with Eb2 apps while others languish in Eb3 queue.
You can't extend the logic to all EB1 categories. At least in some of the EB categories one has to have published research work in peer reviewed journals.
Will give you an example :
Know some one who came here as postdoc with PHD in life sciences (zoology) and self filed for GC EB1and now runs an Indian grocery just after being in job for less than a year. How do you justify that GC is in the interest of US than a person who is working in a company for 10 years ?
It is true that the original number is broken up equally among all categories but the INA clearly states that if the demand within a category is not sufficient to use up all the visas in that category then the excess should be made available without any regard to country limit in that category. Here's a fact from the July bulletin - not an opinion:
There have been questions raised regarding the way numbers have been provided to the China and India in the Employment Second preference categories beginning in April. Section 202(a)(5) of the Immigration and Nationality Act states that if total demand for visas in an Employment preference category is insufficient to use all available visa numbers in that category in a calendar quarter, then the unused numbers may be made available without regard to the annual per-country limit. (For example: If the second preference annual limit were 40,000, number use by “All Other Countries” were estimated to be only 25,000, and the China/India combined number use based on their per-country limits were 6,000, then there would be 9,000 numbers unused. Those 9,000 numbers could then be made available to China and India applicants without regard to their per-country limits.)
I dont buy the argument that length of wait (as implied in the letter) should determine eligibility for approval disregarding the clear categorization established by law AFTER the initial handout is made on an equal basis. I have always maintained that any logic used to justify shifting visas between EB2 and EB3 purely based on the length of wait can also easily be used between EB2 and EB1. The fact that EB1 has never retrogressed does not matter. Unfortunately LAW is an absolute entity - there is no compassionate interpretation in civil and common law.
If a EB3-2002 is approved before EB2-2004 purely based on length of wait and ignoring the categorization after the initial handout then the same logic or rationale can be used to approve EB2-2004 before EB1-2007 by 'holding back' the visa from the EB1 candidate and giving it to EB2.
I dont think either of us is interested in going down the path of EB2 versus EB3 but to the extent this letter implies/attempts to do that, it is detrimental to the functioning of this group. Cheers
2)I believe that that whole process is so screwed up that it is never fair and never will be. Irrespective of what Eb3s hope for and try , Eb2 folks are going to get their GCs and Eb3s will have to wait until stars align for them.
3) I don't really care one way or other , because what you wish,hope or try to do will have no bearing on the outcome.
<Those who think 2 year EADs are because of your letters , stay in the dreamland - ignorance is bliss >
4) I am really happy for Eb2 folks (No way jealous) , just pissed by some attitude here.
Now that I have the disclaimers out of the way, Here is what I have to say:
Why the heck you never made the argument that "law is law" and "There is no compassion" before law crap when you were retrogressed ?
What happened to what law says , when attempts were made to grab visas from ROW with the same "It is not fair" argument ?
What is the yardstick for EB2 ? It is just what your employer says it is. I know so many in body shops with Eb2 apps while others languish in Eb3 queue.
You can't extend the logic to all EB1 categories. At least in some of the EB categories one has to have published research work in peer reviewed journals.
Will give you an example :
Know some one who came here as postdoc with PHD in life sciences (zoology) and self filed for GC EB1and now runs an Indian grocery just after being in job for less than a year. How do you justify that GC is in the interest of US than a person who is working in a company for 10 years ?
It is true that the original number is broken up equally among all categories but the INA clearly states that if the demand within a category is not sufficient to use up all the visas in that category then the excess should be made available without any regard to country limit in that category. Here's a fact from the July bulletin - not an opinion:
There have been questions raised regarding the way numbers have been provided to the China and India in the Employment Second preference categories beginning in April. Section 202(a)(5) of the Immigration and Nationality Act states that if total demand for visas in an Employment preference category is insufficient to use all available visa numbers in that category in a calendar quarter, then the unused numbers may be made available without regard to the annual per-country limit. (For example: If the second preference annual limit were 40,000, number use by “All Other Countries” were estimated to be only 25,000, and the China/India combined number use based on their per-country limits were 6,000, then there would be 9,000 numbers unused. Those 9,000 numbers could then be made available to China and India applicants without regard to their per-country limits.)
I dont buy the argument that length of wait (as implied in the letter) should determine eligibility for approval disregarding the clear categorization established by law AFTER the initial handout is made on an equal basis. I have always maintained that any logic used to justify shifting visas between EB2 and EB3 purely based on the length of wait can also easily be used between EB2 and EB1. The fact that EB1 has never retrogressed does not matter. Unfortunately LAW is an absolute entity - there is no compassionate interpretation in civil and common law.
If a EB3-2002 is approved before EB2-2004 purely based on length of wait and ignoring the categorization after the initial handout then the same logic or rationale can be used to approve EB2-2004 before EB1-2007 by 'holding back' the visa from the EB1 candidate and giving it to EB2.
I dont think either of us is interested in going down the path of EB2 versus EB3 but to the extent this letter implies/attempts to do that, it is detrimental to the functioning of this group. Cheers
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txh1b
09-14 12:26 PM
Sorry Outta Luck
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gapala
05-09 12:30 AM
Guys, when you write to senators/WH/ other officials, Its important to include the reasons for this huge backlog. 1) Wasted visa numbers due to CIS inefficiencies for past decade.
2) Country quota... I believe the visa waste is more of a problem on their side. Also when you highlight a problem, do not just end with problem, quantify with quoting the visa bulletin's memos and other statistics from ombudsman's report.
Important, include a suggested approach to resolution as well.. which is "Recapture the wasted visa numbers and elimination / fixing the dispropotionate of country quota". This will atleast set the precendence to thought process on the fix.
abrupt and emotional emails would not cut it in this protectionist environment created due to job loss and economy. Just a humble suggestion. We have to be a part of solution to housing problem as well.
2) Country quota... I believe the visa waste is more of a problem on their side. Also when you highlight a problem, do not just end with problem, quantify with quoting the visa bulletin's memos and other statistics from ombudsman's report.
Important, include a suggested approach to resolution as well.. which is "Recapture the wasted visa numbers and elimination / fixing the dispropotionate of country quota". This will atleast set the precendence to thought process on the fix.
abrupt and emotional emails would not cut it in this protectionist environment created due to job loss and economy. Just a humble suggestion. We have to be a part of solution to housing problem as well.
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chanduv23
07-08 09:56 AM
There are laws in place, already, for discrimination against applicant having proper work authorization.
If the affected person does not report or take action, then nothing will happen. It is high time that "highly skilled workers" aware of their rights. Sanju mentioned a term "educated illiterates" for such reasons.
Many consulting companies do not pay salary on bench. If the employee does not report to DoL, will he/she get his/her salary? No. The issue of discrimination is on the similar lines.
There is no requirement for employer to consider any applicant who is on H-1B visa status. It is entirely voluntary and upto the employer whether to sponsor H1 visa or not. Same thing holds good for sponsoring green card as well.
_________________
Not a legal advice.
desi - the reason we face all these issues is not because of anyone's fault.
Reporting an employer is not as easy as it sounds.
The most educated and experienced people have always recommended to "protect yourself" - look for yourself and keep out of trouble.
The issue here is - people in this situation are mere scapegoats - a common man who approaches beaucracy has to deal with crap that is worse.
The entire process of immigrating to US via a employment based system is so loosely organized and puts people in unfair situations.
It is just not desi employers or consulting companies, in general, but any employer can have an upper hand on you when you are at their mercy.
People say big companies have policies and they abide. I agree, but it is not always the case. If someone is in business - they do things in their business interest - if dealing with USCIS is getting difficult - they may say "enough of it - no more responding to RFEs".
One person contacted me - he is having a fulltime job and filed for AC21. he got RFE for EVL 2 times. The first time his HR gave EVL without any hasstles, the second time she was pissed, said "We do not want to deal with this - I have contacted legal and they recommend not to issue such letters".
Now such a situation puts this person in a tough spot -the issue is not because of his employer because his employer did give a proper letter but USCIS asked it again.
Just imagine what is this person's situation for no fault of his?
We can always argue that "If you are worth and if company wants to retain you then they will not have any issues" - which once again may not always be true because we all know how relationships work out at companies - with ass kissing, nepotism, situations, financial etc......
If the affected person does not report or take action, then nothing will happen. It is high time that "highly skilled workers" aware of their rights. Sanju mentioned a term "educated illiterates" for such reasons.
Many consulting companies do not pay salary on bench. If the employee does not report to DoL, will he/she get his/her salary? No. The issue of discrimination is on the similar lines.
There is no requirement for employer to consider any applicant who is on H-1B visa status. It is entirely voluntary and upto the employer whether to sponsor H1 visa or not. Same thing holds good for sponsoring green card as well.
_________________
Not a legal advice.
desi - the reason we face all these issues is not because of anyone's fault.
Reporting an employer is not as easy as it sounds.
The most educated and experienced people have always recommended to "protect yourself" - look for yourself and keep out of trouble.
The issue here is - people in this situation are mere scapegoats - a common man who approaches beaucracy has to deal with crap that is worse.
The entire process of immigrating to US via a employment based system is so loosely organized and puts people in unfair situations.
It is just not desi employers or consulting companies, in general, but any employer can have an upper hand on you when you are at their mercy.
People say big companies have policies and they abide. I agree, but it is not always the case. If someone is in business - they do things in their business interest - if dealing with USCIS is getting difficult - they may say "enough of it - no more responding to RFEs".
One person contacted me - he is having a fulltime job and filed for AC21. he got RFE for EVL 2 times. The first time his HR gave EVL without any hasstles, the second time she was pissed, said "We do not want to deal with this - I have contacted legal and they recommend not to issue such letters".
Now such a situation puts this person in a tough spot -the issue is not because of his employer because his employer did give a proper letter but USCIS asked it again.
Just imagine what is this person's situation for no fault of his?
We can always argue that "If you are worth and if company wants to retain you then they will not have any issues" - which once again may not always be true because we all know how relationships work out at companies - with ass kissing, nepotism, situations, financial etc......
more...
mnq1979
09-23 01:52 PM
Hi mnq1979,
The application was filed with CSC as all nos., which I have seen, are WAC nos. EAD was issued from CSC on (and I am guessing here) 18th, left from KY (40701) on 20th Sept (according to post mark) and reached my house on the 22nd Sept. If it was India and if the post man had delivered this to me, I would definitely have given him something for "mithaai" :D
It was only 3 days ago I had got the transfer notice from CSC saying that they had move our cases to TX.
I got the cards directly as my lawyer had not sent me the application no. yet. There were no notices for EADs.
More than me, my wife is happy that she wouldn't have to sit around feeling like a "dependent" ;).
GOD!!! to be honbest with u my situation is same like urs....like my wife is also too happy that we have received our receipts # for i485 and that we will soon get our ead hopefully....now she has started tellign me that she has jst # of days left of being dependent on me!!!! man it was fun to have 1 dependent as u can rule her...but now is smeeling freedom...anywaz....hope for the best.....thanx
The application was filed with CSC as all nos., which I have seen, are WAC nos. EAD was issued from CSC on (and I am guessing here) 18th, left from KY (40701) on 20th Sept (according to post mark) and reached my house on the 22nd Sept. If it was India and if the post man had delivered this to me, I would definitely have given him something for "mithaai" :D
It was only 3 days ago I had got the transfer notice from CSC saying that they had move our cases to TX.
I got the cards directly as my lawyer had not sent me the application no. yet. There were no notices for EADs.
More than me, my wife is happy that she wouldn't have to sit around feeling like a "dependent" ;).
GOD!!! to be honbest with u my situation is same like urs....like my wife is also too happy that we have received our receipts # for i485 and that we will soon get our ead hopefully....now she has started tellign me that she has jst # of days left of being dependent on me!!!! man it was fun to have 1 dependent as u can rule her...but now is smeeling freedom...anywaz....hope for the best.....thanx
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sss9i
11-21 07:13 PM
It is really sad to hear that.
Anybody have Idea about Hardship waiver for Wife.
Anybody have Idea about Hardship waiver for Wife.
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rk07
09-21 11:35 AM
I am in the same boat...with approved 140 from TSC.
So I believe my case might have been transferred to TSC.
Ashish,
When exactly you filed and what center?
Thanks,
-rk.
So I believe my case might have been transferred to TSC.
Ashish,
When exactly you filed and what center?
Thanks,
-rk.
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h1techSlave
04-29 10:59 PM
H1B quotas for 2001, 2002 and 2003 were 195000. Three times the norm. This could be the reason they quotas were not met during those years. Sure market conditions also helped.
I thinks EB3 INDIA will move between 9/11/2001 to JAN 2004 , because after 9/11 probably few people applied for GreenCrd because of market condition, even h1b quotas are not used for 2002 and 2003, i applied for h1b on 2004 April , no surprise the quota available because of market condition.
I thinks EB3 INDIA will move between 9/11/2001 to JAN 2004 , because after 9/11 probably few people applied for GreenCrd because of market condition, even h1b quotas are not used for 2002 and 2003, i applied for h1b on 2004 April , no surprise the quota available because of market condition.
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manderson
10-05 01:38 PM
nk2006,
please post contents of that yale article (your link is not working).
On the topic of “getting some of our measures during lame-duck session”, I am seeing some speculation (on other sites) that there is a chance these measures getting discussed during that session. I know these are just educated guesses, but it’s encouraging. see following:
================
From another thread on this site got this link, about Yale/Ivy League grads not getting H1B’s. There is quote from someone who thinks some immigration measures may be approved in Lame-duck session.
http://www.yaledailynews.com/Article...rticleID=33577
The House bill, the Senate bill, or some compromise may be approved during Congress' lame-duck session after the general elections in November, Yale-Loehr said.
=======================
This is from a leading corporate immigration law firm’s web page. They provide headlines and commentary on new regulations. There is some speculation about immigration measures getting discussed during lame-duck session:
The Road From Here:
On a broader scope, key House and Senate members maintain their position that Congress will examine comprehensive immigration reform in the period after the November election and before the start of the next Congress in January 2007, known as the "lame-duck" session. However, many of those involved in the debate over immigration reform question the ability of negotiators to reach an agreement, given the wide ideological gap between the House and Senate with respect to treatment of America's undocumented population.
====================
your comments / speculation / educated guess.......??...
please post contents of that yale article (your link is not working).
On the topic of “getting some of our measures during lame-duck session”, I am seeing some speculation (on other sites) that there is a chance these measures getting discussed during that session. I know these are just educated guesses, but it’s encouraging. see following:
================
From another thread on this site got this link, about Yale/Ivy League grads not getting H1B’s. There is quote from someone who thinks some immigration measures may be approved in Lame-duck session.
http://www.yaledailynews.com/Article...rticleID=33577
The House bill, the Senate bill, or some compromise may be approved during Congress' lame-duck session after the general elections in November, Yale-Loehr said.
=======================
This is from a leading corporate immigration law firm’s web page. They provide headlines and commentary on new regulations. There is some speculation about immigration measures getting discussed during lame-duck session:
The Road From Here:
On a broader scope, key House and Senate members maintain their position that Congress will examine comprehensive immigration reform in the period after the November election and before the start of the next Congress in January 2007, known as the "lame-duck" session. However, many of those involved in the debate over immigration reform question the ability of negotiators to reach an agreement, given the wide ideological gap between the House and Senate with respect to treatment of America's undocumented population.
====================
your comments / speculation / educated guess.......??...
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newuser
05-23 08:05 AM
Finished e-mailing to all the senators. Its easy than AILA website if you have google toolbar to fill in the addresses.
1.Use the Autofill feature in the google toolbar.
2.Put the mailing address in the autofill.
3.Then Select the Senator's contact page.
4.Press the autofill option on google toolbar.All the fields are populated
5.Cut and paste the letter in the message body.
Give me more.
1.Use the Autofill feature in the google toolbar.
2.Put the mailing address in the autofill.
3.Then Select the Senator's contact page.
4.Press the autofill option on google toolbar.All the fields are populated
5.Cut and paste the letter in the message body.
Give me more.
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desi3933
07-09 12:06 PM
Condi and USCIS are saying the above.
Now lets see how the above LAW was followed in the following cases (which may not be a complete list).
Oct 1 2005 & Oct 1 2006 when 140K GCs were available but ALL AOSs were not acceptable.
May 14 (??) when 60K GCs were available but many more AOSs were acceptable and were accepted from June 1-30.
June 12 when < 40K GCs were available but ALL AOSs were acceptable.
July 2 when 0 GCs were available and ANY AOS was not acceptable.
Months in 2005, 2006 and 2007 when ALL AOSs were not acceptable.
Months in 2005 and 2006 when ANY AOS was not acceptable.
You are missing a point here.
The term "immediately available" is determined by the PD in the visa bulletin. (If someone needs a law reference, let me know).
DoS determines PD in the visa bulletin depending on various factors (such as number of GC Numbers used so far, number of pending I-485 applications etc.) and they can revise visa bulletin anytime.
______________________
Not a legal advice.
Now lets see how the above LAW was followed in the following cases (which may not be a complete list).
Oct 1 2005 & Oct 1 2006 when 140K GCs were available but ALL AOSs were not acceptable.
May 14 (??) when 60K GCs were available but many more AOSs were acceptable and were accepted from June 1-30.
June 12 when < 40K GCs were available but ALL AOSs were acceptable.
July 2 when 0 GCs were available and ANY AOS was not acceptable.
Months in 2005, 2006 and 2007 when ALL AOSs were not acceptable.
Months in 2005 and 2006 when ANY AOS was not acceptable.
You are missing a point here.
The term "immediately available" is determined by the PD in the visa bulletin. (If someone needs a law reference, let me know).
DoS determines PD in the visa bulletin depending on various factors (such as number of GC Numbers used so far, number of pending I-485 applications etc.) and they can revise visa bulletin anytime.
______________________
Not a legal advice.
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GKBest
10-17 11:42 AM
July 3rd filer received by R. Williams. Check cleared TODAY:p. However, the checks for my derivative beneficiaries hasn't been cashed.:confused:
Do they look inside the packet? How long should I wait to check if their applications weren't missed or misplaced? We are all in one packet.
Do they look inside the packet? How long should I wait to check if their applications weren't missed or misplaced? We are all in one packet.
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Zeb
07-26 09:08 AM
but if we take rental, dont they ask why u brought rental?
Some people have entered on rental car with out any problem. Beside they dont care if you will be staying in canada or coming back to USA.
Some people have entered on rental car with out any problem. Beside they dont care if you will be staying in canada or coming back to USA.
bingl
08-20 02:50 PM
Approved today !
Had raised a SR for dependent on 5th August . Got standard reply .....initial review, wait for45 days....
Infopass on 10th Aug - was told case is pre adjudicated
Opened SR on the 11th of August for primary . ....Have not yet got any reply for that.
Today got email - Card production ordered.
Had raised a SR for dependent on 5th August . Got standard reply .....initial review, wait for45 days....
Infopass on 10th Aug - was told case is pre adjudicated
Opened SR on the 11th of August for primary . ....Have not yet got any reply for that.
Today got email - Card production ordered.
siva008
11-17 03:27 PM
Done
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