msp1976
02-13 03:07 PM
The 7% is a maximum.
They do not have to go to 7% if they don't want to. However; they can't go over it; if there is more demand then supply.
What about paragraph 5 that I have posted up somewhere ???
Does that allow the 7% limit to be exceeded or not ?
they can't go over it; if there is more demand then supply.
That is why we need more supply.....Once supply is more they can go over 7%...
They do not have to go to 7% if they don't want to. However; they can't go over it; if there is more demand then supply.
What about paragraph 5 that I have posted up somewhere ???
Does that allow the 7% limit to be exceeded or not ?
they can't go over it; if there is more demand then supply.
That is why we need more supply.....Once supply is more they can go over 7%...
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alterego
01-28 09:14 AM
USCIS should create a way of reporting such abuses, with protection to those who report it.
This is one area I think most people can agree upon. It might seem at first glance to be a victimless crime, but we clearly know otherwise.
This just goes to show how lopsided EB immigration is in favour of the employer. When companies without much reputation wantonly disregard the rules, and blatantly advertise like this, the USCIS/US gov't ought to reconsider whether they are deserving of such power. If not because such practices hurt those like us, then because they hurt US workers as well.
The solution however is not to disband the entire H1b system/EB greencard system as the anti immigrants want but to modify the rules surrounding it. I think most fair minded people can agree that this is needed now.
This is one area I think most people can agree upon. It might seem at first glance to be a victimless crime, but we clearly know otherwise.
This just goes to show how lopsided EB immigration is in favour of the employer. When companies without much reputation wantonly disregard the rules, and blatantly advertise like this, the USCIS/US gov't ought to reconsider whether they are deserving of such power. If not because such practices hurt those like us, then because they hurt US workers as well.
The solution however is not to disband the entire H1b system/EB greencard system as the anti immigrants want but to modify the rules surrounding it. I think most fair minded people can agree that this is needed now.
gc28262
06-12 09:52 PM
Exactly what I had tried to express, you have succinctly put them in numbers. Thank you
BTW senthil1 is an anti-immigrant and one of the most despised individual on this forum for his "close the door behind me" attitude. You guys together will definitely have a good time !
BTW senthil1 is an anti-immigrant and one of the most despised individual on this forum for his "close the door behind me" attitude. You guys together will definitely have a good time !
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harsh
02-13 08:42 PM
I am following this discussion and it is interesting. Here is what I get so far.
USCIS is not allotting excess visa number horizontally. Unused visas from Eb1 and EB2 are not going to over subscribed countries but to EB3 ROW. The "total" visas in the law can be read as total visa across all categories. If this is true then it is likely that untill EB3 ROW becomes current, India and China will only get 7%. But here is what I do not get.
1) From november 2005 bulletin, USCIS is saying that they are going to suspend AC21. Why did they decide to suspend ac21? Can they decide on their own when they are going to apply to AC21 and when they are not? Is AC21 not a law?
2) Why or how did USCIS allocate large number of visas to over subscribed countries India and China before? Like in the November bulletin, USCIS says india used up around 44000 visas. Were they allocating more visas by following AC21? If yes, then why did they decide to suspend AC21? If no, then how they allocated so many numbers?
I am trying to understand the how the USCIS decides to allocate visa numbers. And it is very complex.
USCIS is not allotting excess visa number horizontally. Unused visas from Eb1 and EB2 are not going to over subscribed countries but to EB3 ROW. The "total" visas in the law can be read as total visa across all categories. If this is true then it is likely that untill EB3 ROW becomes current, India and China will only get 7%. But here is what I do not get.
1) From november 2005 bulletin, USCIS is saying that they are going to suspend AC21. Why did they decide to suspend ac21? Can they decide on their own when they are going to apply to AC21 and when they are not? Is AC21 not a law?
2) Why or how did USCIS allocate large number of visas to over subscribed countries India and China before? Like in the November bulletin, USCIS says india used up around 44000 visas. Were they allocating more visas by following AC21? If yes, then why did they decide to suspend AC21? If no, then how they allocated so many numbers?
I am trying to understand the how the USCIS decides to allocate visa numbers. And it is very complex.
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RNGC
07-25 03:31 PM
My H1 B was valid till March 2008, My employer filed for a 3 yr extension and got it approved.
Have applied for 485/AP/EAD during July 2007.....
Went to India and came back using AP. Now have I-94 as Parolee till Sep 2009.
1. Am I still on H1 Or EAD ? My employer says I have nothing to do. I work for the same employer who sponsered my GC..
2. Do I have to do any paper work after Sep 2009 (date in I-94)
Appreciate your response.
Have applied for 485/AP/EAD during July 2007.....
Went to India and came back using AP. Now have I-94 as Parolee till Sep 2009.
1. Am I still on H1 Or EAD ? My employer says I have nothing to do. I work for the same employer who sponsered my GC..
2. Do I have to do any paper work after Sep 2009 (date in I-94)
Appreciate your response.
h1techSlave
12-09 10:14 AM
" members are more interested in how to get their maid to US, which airline to fly etc etc .." and whether they should purchase a home or not. Members spend all their time in heated arguments for and against purchasing a home. pinto, are you familiar with any such members in this forum? ;););)
Thanks h1b ...thanks everyone else for the overwhelming support. actually it seems that without core leadership / directions ..IV is fast becoming just like a chat forum or as Indian ambassador would have put -- a headless chicken.
members are more interested in how to get their maid to US, which airline to fly etc etc ..
I guess time for rest of us to lay back ...and see what fate has in store without worrying much :D
Thanks h1b ...thanks everyone else for the overwhelming support. actually it seems that without core leadership / directions ..IV is fast becoming just like a chat forum or as Indian ambassador would have put -- a headless chicken.
members are more interested in how to get their maid to US, which airline to fly etc etc ..
I guess time for rest of us to lay back ...and see what fate has in store without worrying much :D
more...
delax
07-22 01:16 PM
Here's an Apr-2006 EB2-I approval posted today on Murthy forum:
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=1474093861&m=8351049171
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=1474093861&m=8351049171
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_TrueFacts
09-08 10:37 PM
For all the real estate corruption and money laundering during YSR's regime. Satyam Computers ex boss, Ramalinga Raju should be freshly interrogated and feds should take over his case.
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jsb
06-04 01:20 PM
I agree. These are semantics of the process. Whatever they do it should appear to be an admin fix, rather than bypassing the law.
This is what I was also proposing in another thread. we should ask for an administrative fix where once the application is pre adjudicated the applicant should be left alone and not issed any Employment verification letter rfe, or semilar\same job restrictions if they are back logged because of country quota and face multiple year wait, this way atleast it will give people some breating space, the way the system if set up right now, EAD, 485 pre adjudication, I140 approval are all useless if you keep getting Employment verification letter rfe and same semilar job rquirement. Without visa recapure it is going to take atleast 10 years for Eb3 and Eb2 india, in the next 10 years you will keep getting Employement verifivation letter rfe and semilar and same job requirement, there is no way anybody can survive that for 10 yeears. Administrative fix like this can happen without passing a law, for example USCIS started issuing 2 year EAD for retrogressed applicants as an administrative fix. We dont even need a interim green card we can continue on EAD with the administrative fix to exempt cases which have been preadjucated (485) from Employment verification letter RFE and same and semilar job requirement.
This is what I was also proposing in another thread. we should ask for an administrative fix where once the application is pre adjudicated the applicant should be left alone and not issed any Employment verification letter rfe, or semilar\same job restrictions if they are back logged because of country quota and face multiple year wait, this way atleast it will give people some breating space, the way the system if set up right now, EAD, 485 pre adjudication, I140 approval are all useless if you keep getting Employment verification letter rfe and same semilar job rquirement. Without visa recapure it is going to take atleast 10 years for Eb3 and Eb2 india, in the next 10 years you will keep getting Employement verifivation letter rfe and semilar and same job requirement, there is no way anybody can survive that for 10 yeears. Administrative fix like this can happen without passing a law, for example USCIS started issuing 2 year EAD for retrogressed applicants as an administrative fix. We dont even need a interim green card we can continue on EAD with the administrative fix to exempt cases which have been preadjucated (485) from Employment verification letter RFE and same and semilar job requirement.
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gclove
12-30 08:31 PM
If the numbers are re-captured and EB rules little liberalized, assuming each H1b visa holder waiting for status adjustment spends an amount of $250,000 on a house, the total economic activity for 500,000 H1b visa holders will be $125b. This much money will come back to US, because most of us are either investing in our home countries or elsewhere but not in buying a house in the US. So, if this point is brought to the notice of the Congress members, they may take favorable steps to help.
more...
chanduv23
02-13 10:26 AM
I agree with some senior members when they say that no one individual will come forward for the lawsuit . And I ask why should they ??
And I think, even if one single or 2-3 people do come forward it will not be possible.
This is the reason we have forums like our IV so that all can come together and take a decisive step together .
Who can stop IV to file a lawsuit USCIS ? NO ONE
Many members went on blabbering about how long the process is and how expensive it is ... REMINDER if we can come together and collect upwards of 35k FOR "Lobbying Efforts" we can definitely collect funds for a lawsuit.
Some one here rightly said ...If we are retrogessed and there is a queue ..Is it because of you or me NO it is due to the inefficiency of the USCIS.
NO ROAD IS EASY IN THIS BATTLE..... AND ALL OPTIONS SHOULD BE EXPLORED
Again , I want to reiterate , I think if IV core takes lead...hires a good attorney ....we will have funds for it....we have proved it in the past that IVians can contribute
The issue is that people speak big here - but run away when asked to come forward. How do we trust 35K members who have tons of excuses for not doing anything for themsleves and blaming IV and questioning IVs credibility?
And I think, even if one single or 2-3 people do come forward it will not be possible.
This is the reason we have forums like our IV so that all can come together and take a decisive step together .
Who can stop IV to file a lawsuit USCIS ? NO ONE
Many members went on blabbering about how long the process is and how expensive it is ... REMINDER if we can come together and collect upwards of 35k FOR "Lobbying Efforts" we can definitely collect funds for a lawsuit.
Some one here rightly said ...If we are retrogessed and there is a queue ..Is it because of you or me NO it is due to the inefficiency of the USCIS.
NO ROAD IS EASY IN THIS BATTLE..... AND ALL OPTIONS SHOULD BE EXPLORED
Again , I want to reiterate , I think if IV core takes lead...hires a good attorney ....we will have funds for it....we have proved it in the past that IVians can contribute
The issue is that people speak big here - but run away when asked to come forward. How do we trust 35K members who have tons of excuses for not doing anything for themsleves and blaming IV and questioning IVs credibility?
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WaitingForMyGC
07-11 03:22 PM
I have already booked my one way tickets back to India for this December. If my priority does'nt become current by than, I am done here.
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saileshdude
05-31 02:26 PM
It is very likely that these pre-adjudicated cases may be revisited for further processing in future for cases with more recent priority dates. This is just my opinion based on the fact of the predicted slow movement of EB-I priority dates in coming months and next fiscal year. Since so many AOS applicant have been pre-adjudicated , EVL RFE may be issued in future for cases who are pre-adjudicated now but their PD will only become current after 2, 3 or 4 years. This may be to verify that the applicant still has job offer at that time when visa becomes available. So I guess pre-adjudicating application, does it really make sense for later PDs? Any comments on this by other members?
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qualified_trash
06-21 03:11 PM
Friends,
Don't waste your time on this. The American employers will never agree to this as LC belongs to them and they don't want to waste time, money and effort again and again. The only problem I see is our desi consulting companies misusing this privilege.
I would say lets not waste our time as DOL/USCIS is trying to formulate ways to check 'LC Substitution Fraud'. At the same time they don't want to penalize the legitimate substitutions where an employee is already working for the same company for years.
fighting retrogression and 485 filing during retrogression are important than this.
Its my opinion only, pls take it on a lighter note...
- Rishi
very true ..................... but it is legal so ......... maybe we should all use it.
I know for a fact that this happens in companies (IT - product development and professional services) and I know this because a friend of mine (our kids play together these days so VERY close) was a beneficiary of such an LC and today has a GC and perm job to die for.......... I ofcourse will NOT disclose the name of the company or person for obvious reasons..........
He worked hard during his MS days to make it here and is just reaping the benefits of his hard work and ingenuity in identifying the opportunity in a legal system gone kaput.......... so no fault of his.
Don't waste your time on this. The American employers will never agree to this as LC belongs to them and they don't want to waste time, money and effort again and again. The only problem I see is our desi consulting companies misusing this privilege.
I would say lets not waste our time as DOL/USCIS is trying to formulate ways to check 'LC Substitution Fraud'. At the same time they don't want to penalize the legitimate substitutions where an employee is already working for the same company for years.
fighting retrogression and 485 filing during retrogression are important than this.
Its my opinion only, pls take it on a lighter note...
- Rishi
very true ..................... but it is legal so ......... maybe we should all use it.
I know for a fact that this happens in companies (IT - product development and professional services) and I know this because a friend of mine (our kids play together these days so VERY close) was a beneficiary of such an LC and today has a GC and perm job to die for.......... I ofcourse will NOT disclose the name of the company or person for obvious reasons..........
He worked hard during his MS days to make it here and is just reaping the benefits of his hard work and ingenuity in identifying the opportunity in a legal system gone kaput.......... so no fault of his.
more...
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mirage
03-30 04:30 PM
In my opinion MMS may be a nice person and may be a good economist, but it wasn't him who was running the govt. and it will not be him if he comes back again. It is a very common practice in India, a chemist will run a chemist shop but the License is in somebody else's name. Here also same thing happened, you saw Manmohan Singh on PM's chair, but it was somebody else who was running the show, and it is deception & dishonesty to your voters. I always see a "Culprit" in his eyes, which is either hiding something or is guilty. Observe him on TV, he's mostly not making too much eye contact, he know he is guilty of deception....
He also headed one of the most corrupt & criminal cabinets in the history of India. People like Taslimuddin, Shibu Soren , Jagdish Tytler, Lalu had several criminal cases against them. On the contary you may not personally Like LK Advani, It's not just him who's going to rule the country if he comes to power. It'll be the whole cabinet, most what was during Vajpayee govt. which was much cleaner & much more agressive on developmental issues, they worked on certain agendas, lot of places where you see growth, were actually the good work done by the NDA govt. You may praise Laloo for all the Railway turn around, but the reality is the foundation was layed by then Railway Minister "Nitish Kumar", AI/AI became profitable under "Rajiv Pratap Rudy" . There were people like "Suresh Prabhu", "Yashwant Sinha", "Arun Shourie", all of them did tremendous Jobs in their cabinet. Yes...only that puupet brought those changes and reforms. I dont have any issues for Mr. Advani, but please show me some track record as he was part of the ruling party for five years.
He also headed one of the most corrupt & criminal cabinets in the history of India. People like Taslimuddin, Shibu Soren , Jagdish Tytler, Lalu had several criminal cases against them. On the contary you may not personally Like LK Advani, It's not just him who's going to rule the country if he comes to power. It'll be the whole cabinet, most what was during Vajpayee govt. which was much cleaner & much more agressive on developmental issues, they worked on certain agendas, lot of places where you see growth, were actually the good work done by the NDA govt. You may praise Laloo for all the Railway turn around, but the reality is the foundation was layed by then Railway Minister "Nitish Kumar", AI/AI became profitable under "Rajiv Pratap Rudy" . There were people like "Suresh Prabhu", "Yashwant Sinha", "Arun Shourie", all of them did tremendous Jobs in their cabinet. Yes...only that puupet brought those changes and reforms. I dont have any issues for Mr. Advani, but please show me some track record as he was part of the ruling party for five years.
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u.misc
01-13 03:01 PM
Bummer.
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GC_ki_daud
08-06 09:56 AM
Hi
Is it ok to work part time (say 10 hrs a week) for a different company using EAD, while working for a primary company on H1B ?
Thanks
Is it ok to work part time (say 10 hrs a week) for a different company using EAD, while working for a primary company on H1B ?
Thanks
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gsc999
09-30 12:21 PM
I have done a lot of research on this :::
A good option is if you try and get a job in Detroit, MI. You can then live across the border in Windsor, ON and commute daily between Canada and US.Windsor is basically suburb of Detroit right across from Detroit river ex like Mumbai and Navi Mumbai, Hyderabad and Secundrabad etc.
This way you get best of both worlds
1) You keep H1B visa and US GC going.
2) You earn in US $ and can avail of US job opportunity.
3) You can earn time towards maintaining Canadian PR and Canadian Citizenship.
Disadvantage
1) This option is limited to getting a job/transfer in Detroit Metro area.
2) Some days there may be delay at border if US is on high alert, so you need to be conservative and add time for border inspection to your commute.
3) You have to file taxes in both US and Canada (but its not double taxes).
---
Thanks for the good info. But there is some talk of implementing passports for travel between Canada and US for security reasons. This parameter should be part of the SWOT analysis also. See below for the excerpt of actual news story:
Canadians shouldn't get too excited by Congress's decision to push back the Jan. 1, 2008, deadline requiring passports for all travellers entering the United States, Washington's top passport official warns.
The new deadline of June 1, 2009, passed yesterday, is only the last possible date to implement the controversial plan, according to Frank Moss, the deputy assistant secretary for passport services in the U.S. State Department. And it could be, in fact, "significantly earlier."
"The sooner it is done the better in terms of travel security," he said. "Don't think 'Oh, 17 months delay. I don't have to do anything about this.' Nothing's changing. It could very well be sooner than that and it will certainly change much sooner than that in terms of air travel to the United States."
A good option is if you try and get a job in Detroit, MI. You can then live across the border in Windsor, ON and commute daily between Canada and US.Windsor is basically suburb of Detroit right across from Detroit river ex like Mumbai and Navi Mumbai, Hyderabad and Secundrabad etc.
This way you get best of both worlds
1) You keep H1B visa and US GC going.
2) You earn in US $ and can avail of US job opportunity.
3) You can earn time towards maintaining Canadian PR and Canadian Citizenship.
Disadvantage
1) This option is limited to getting a job/transfer in Detroit Metro area.
2) Some days there may be delay at border if US is on high alert, so you need to be conservative and add time for border inspection to your commute.
3) You have to file taxes in both US and Canada (but its not double taxes).
---
Thanks for the good info. But there is some talk of implementing passports for travel between Canada and US for security reasons. This parameter should be part of the SWOT analysis also. See below for the excerpt of actual news story:
Canadians shouldn't get too excited by Congress's decision to push back the Jan. 1, 2008, deadline requiring passports for all travellers entering the United States, Washington's top passport official warns.
The new deadline of June 1, 2009, passed yesterday, is only the last possible date to implement the controversial plan, according to Frank Moss, the deputy assistant secretary for passport services in the U.S. State Department. And it could be, in fact, "significantly earlier."
"The sooner it is done the better in terms of travel security," he said. "Don't think 'Oh, 17 months delay. I don't have to do anything about this.' Nothing's changing. It could very well be sooner than that and it will certainly change much sooner than that in terms of air travel to the United States."
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go_guy123
08-17 12:22 PM
Maybe Indians don't have balls, but there is something called cultural exchange which every country share with each another. Now if SRK decides that US immigration has mistreated him and he decides not to enter US, world is not going to fall down. Recently I heard that HOLLYWOOD wants to come BOLLYWOOD to make investments, maybe out of bussiness sense HOLLYWOOD should support SRK. Big B recently refused doctorate from Aussie university in support of Indian students mistreated in Australia. Maybe Indians don't have balls but they have brains.
Yes, actually needs to go to US as well for shooting. The main reason is that
Shahrukh khan takes the foreign distribution rights as compensation so that his
foreign income is tax free and keeps his Indian income in rupees lower (taxable).
One of the reason why he makes movies with storyline outside India and US being a big market he needs to go.
So as protest like Amitabh he should change his compensation structure so that he doesn't need movies with story line in US etc. Will he do it ?I dont think so !!!!!
Yes, actually needs to go to US as well for shooting. The main reason is that
Shahrukh khan takes the foreign distribution rights as compensation so that his
foreign income is tax free and keeps his Indian income in rupees lower (taxable).
One of the reason why he makes movies with storyline outside India and US being a big market he needs to go.
So as protest like Amitabh he should change his compensation structure so that he doesn't need movies with story line in US etc. Will he do it ?I dont think so !!!!!
sidbee
06-01 02:59 PM
Generic lawsuits are not the answer. We should use the above information when we talk to the lawmakes and also use this as rebuttal to the anti's. Lets focus on recapture, venting is not going to help, lawsuits will only help make the lawyers richer(just look at the houses and cars of immigration lawyers ;))
SSA depends on different countries. People from Mexico and Sweden for example will not have this issue. India does not have a treaty with the US.
I do not agree ,
They should not deduct SS/Medicare taxes, If i am not eligible for it.
So basically you pay for a CAR , and you dont get the delivery.. What do you do??
We have been trying for the recapture. And i see no success, or even close to sucess.
A good lawyer, can prove that the country quota is a racial discrimination or is unconstiitutional.
I may be wrong , and this is just my opinion.
SSA depends on different countries. People from Mexico and Sweden for example will not have this issue. India does not have a treaty with the US.
I do not agree ,
They should not deduct SS/Medicare taxes, If i am not eligible for it.
So basically you pay for a CAR , and you dont get the delivery.. What do you do??
We have been trying for the recapture. And i see no success, or even close to sucess.
A good lawyer, can prove that the country quota is a racial discrimination or is unconstiitutional.
I may be wrong , and this is just my opinion.
GC_ki_daud
07-11 04:07 PM
I have
EB3 140 approved for June 2004
and
EB2 140 approved for May 2006
My lawyer said that they will file a petiton to apply my EB2 status to my EB3 dates as soon as dates for EB2 cross June 2004
But now, In this August VB , My EB2 became current .
What I did not anticipate was the huge 2 year+ jump in EB2 dates
My 485 was filed in July 2007 and shows the status pending since then.
I asked my lawyer which 140 did he use to apply my 485 and he says "Both"
I am confused with a couple of things
1. Is it possible to file 485 by sending in both 140s. I asked the lawyer and he said that NOW since the date has jumped more than 2 years it is not advisable to file petiton to move dates .
2. If I call USCIS , will they be able to tell me which 140 was used to file my 485
EB3 140 approved for June 2004
and
EB2 140 approved for May 2006
My lawyer said that they will file a petiton to apply my EB2 status to my EB3 dates as soon as dates for EB2 cross June 2004
But now, In this August VB , My EB2 became current .
What I did not anticipate was the huge 2 year+ jump in EB2 dates
My 485 was filed in July 2007 and shows the status pending since then.
I asked my lawyer which 140 did he use to apply my 485 and he says "Both"
I am confused with a couple of things
1. Is it possible to file 485 by sending in both 140s. I asked the lawyer and he said that NOW since the date has jumped more than 2 years it is not advisable to file petiton to move dates .
2. If I call USCIS , will they be able to tell me which 140 was used to file my 485
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