Jaime
09-10 02:54 PM
People are unjustly attacking your reputation - With the recent trend of attacking the H1-B visa program in regards to some consultancies exploiting it, every one of us is hurt. Even if that's the fault of just some employers, we, all of the employees of whichever company (not just consultancies) are affected, because the general public starts putting us on a par with illegals as far as lowering the country's overall quality of life, when we in fact enhance it!
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feedfront
09-23 12:19 PM
Just when i was wondering that we will have to wait till OCt 1 when new visa are avialable... I saw your message... If i was you i will wait too for next 5/6 days you have till oct to respond.
Does that mean there is still hope that we may see some activity on the cases who have responsed to RFEs or we have to wait till OCt 1 Chewing our nails?
Now my status changed to 'Initial Review' because post office returned my mail :confused: Within 12 hrs status changed from 'Card Production' (05.03 PM) to 'Initial Review' (06.33 AM).
I had updated my new address 3 yrs before and was confirmed by infopass appointment.
Does that mean there is still hope that we may see some activity on the cases who have responsed to RFEs or we have to wait till OCt 1 Chewing our nails?
Now my status changed to 'Initial Review' because post office returned my mail :confused: Within 12 hrs status changed from 'Card Production' (05.03 PM) to 'Initial Review' (06.33 AM).
I had updated my new address 3 yrs before and was confirmed by infopass appointment.
vandanaverdia
09-11 04:31 PM
One more person can add strength...
One more person can make a difference...
That ONE person can be YOU!!!
What is stopping you from coming to DC....
Come to DC & lets all join hands as ONE!!!!!!
TOGETHER WE CAN MAKE IT HAPPEN!!!!!
One more person can make a difference...
That ONE person can be YOU!!!
What is stopping you from coming to DC....
Come to DC & lets all join hands as ONE!!!!!!
TOGETHER WE CAN MAKE IT HAPPEN!!!!!
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desi3933
01-30 03:04 PM
So, basically anyone laid off on I485 pending without a job is accumulating "out of status" days.That's your opinion?
No. This is NOT what I said.
Filing for I-485 covers out of status covers in most cases and it does not cover out of status from last admission to the date of I-485 filing.
____________________
Not a legal advice.
US Citizen of Indian Origin
No. This is NOT what I said.
Filing for I-485 covers out of status covers in most cases and it does not cover out of status from last admission to the date of I-485 filing.
____________________
Not a legal advice.
US Citizen of Indian Origin
more...
StuckInTheMuck
07-28 12:17 PM
Okay, from wine shop to religion to law to constitution, what next :)
baleraosreedhar
09-10 03:14 PM
For the past 2 months there has been many quarrels between EB2 and EB3.EB2 folks were really happy as the dates were current and suddenly they saw the Oct visa news from m umbai consulate and see so many posts regarding the apathy of USICS.
My dear friends USCIS was like that only since ages and because of it Labour Backlogs were created
To resolve these issues they started BP Centers
Then again came New labour system-- but still old habits die hard and see what happened to the new labour system
now DOL is playing with us with their new cutoff dates.
So Please forget about EB2 and EB3 lets all unite and fight for final push for EB reforms to get GC.
My dear friends USCIS was like that only since ages and because of it Labour Backlogs were created
To resolve these issues they started BP Centers
Then again came New labour system-- but still old habits die hard and see what happened to the new labour system
now DOL is playing with us with their new cutoff dates.
So Please forget about EB2 and EB3 lets all unite and fight for final push for EB reforms to get GC.
more...
Ramba
02-21 01:21 PM
It is very difficult to predict how the cutoff date movement from april to september. All depends on how many EB3-ROW applications are ready for approval by March 8th, due to 2 years movement. After july fiasco, there are tons of fresh 485s got filed (may be 300K to 600K). There will be considerable EB3-ROW applicants to consume all the visas remaining in this year. As USCIS processing 485s based only on recived date (not by EB catagory not by PD wise and not by and countrywise), it is very diffcult to conclude that all the EB3-ROW 485s with PD before 2005 currently pending with USCIS, will be ready by March 8th to consume all the visas. If EB3-ROW consumption by march-8 is less than what DOS projecting, there may be a further movement. Depending upon DOS staergy, the remaining movement may be in EB3-ROW or EB2-In,CH. EB1-IN,EB2-IN, & EB3-In might have alrady consumed its quota. The only available numbers for Indians are spill over. So, depending upon DOS policy there will be a movement in EB3-ROW or EB2 In-CH. Other animal that affet this situation is, new policy of USCIS for very old name check cases (about 50,000). If the EB3-ROW has more name check victims, then movement for India will not be possible. So, its is very difficult to predict.
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desi3933
01-30 03:26 PM
Ok now I am very very confused :confused:
Your statement mentions that the 485 does not cover out of status from last non-immigrant visa entry to 485 filing. I have always been working during that time. No issues.
Good. That means you were in-status at the I-485 filing. Submit documents mentioned in RFE and you should be good.
After filing 485, I exited and reentered twice using my H1. Last entry was in March 2008 I think. After that, I changed employers using AC21 and got my H1 transferred so I was still on an H1 status. Finally I departed the US in Dec 2008 for vacation while still on H1 status with an active job. I got laid off while I was out of the US.
Now, at that time I had a stamped H1 as well as an AP. I could have used either. However, I felt that using the H1 would be wrong as I no longer had a job with the H1 employer. So I decided to brave the secondary inspections and entered on AP. Since then I have been looking for a job.
My question is - Is the time I haven't been working considered as Out of Status?
>> My question is - Is the time I haven't been working considered as Out of Status?
No you are not. Like I said out of status UNTIL date of I-485 application is most important.
____________________
Not a legal advice.
US Citizen of Indian Origin
Your statement mentions that the 485 does not cover out of status from last non-immigrant visa entry to 485 filing. I have always been working during that time. No issues.
Good. That means you were in-status at the I-485 filing. Submit documents mentioned in RFE and you should be good.
After filing 485, I exited and reentered twice using my H1. Last entry was in March 2008 I think. After that, I changed employers using AC21 and got my H1 transferred so I was still on an H1 status. Finally I departed the US in Dec 2008 for vacation while still on H1 status with an active job. I got laid off while I was out of the US.
Now, at that time I had a stamped H1 as well as an AP. I could have used either. However, I felt that using the H1 would be wrong as I no longer had a job with the H1 employer. So I decided to brave the secondary inspections and entered on AP. Since then I have been looking for a job.
My question is - Is the time I haven't been working considered as Out of Status?
>> My question is - Is the time I haven't been working considered as Out of Status?
No you are not. Like I said out of status UNTIL date of I-485 application is most important.
____________________
Not a legal advice.
US Citizen of Indian Origin
more...
chanduv23
05-26 04:40 PM
There is a rule that you are suppossed to carry your passport all the times if you are on a visa.
Border patrol has the right to ask you for documents.
Fines are like $100 or so - not quite sure.
I was once driving on Adirondocks and was stopped by the border patrol. I showed my dirver's license but they wanted to see the visa. We waited there for sometime as they validated us on their computer and then let us go - they were friendly and suggested that it is always good to carry documents.
Border patrol has the right to ask you for documents.
Fines are like $100 or so - not quite sure.
I was once driving on Adirondocks and was stopped by the border patrol. I showed my dirver's license but they wanted to see the visa. We waited there for sometime as they validated us on their computer and then let us go - they were friendly and suggested that it is always good to carry documents.
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pyaradesi
02-06 07:30 AM
Kudos to Team IV for keeping the flame alive even in such a situation. If anybody noticed, IV is probably the only organization making any noise about us EB folks right now.
Pappu and core team, awesome job, please continue with the efforts. I had a few ideas:
1. Can we highlight past distinguished immigrants who have come thru the EB channel.
2. The core team, can you please tell, is it realistic to expect congress to view EB separately from CIR?
3. A lot of us here, have American managers, who would in all probability vouch for us and highlight why they want us to get a GC. We could even quantify this in dollar amounts. Can we highlight this?
4. A flash went off in my head when I read about a march to DC, do you remember the Civil rights movement, Dr Martin Luther King Jr, can we use this great man for inspiration? After all, though our cause may not be even close to what African American suffered, there are parallels.
5. Can we take some airtime on tv/radio to highlight H1bs? Is it a good idea? Maybe tech magazines ads?
6. Compile a list of Congress man/women, Senators nationwide, their stance on EB quota removal, this will help us quantitatively identify where we stand.
7. Folks, we are in a very tough adversarial situation, let us not forget that 40 od years back, if not for Civil rights movement, we would not be here.
9. Are there any celebrities who would/could support our cause? Hollywood, u never know we may have support from the most unlikely places.
This apart, a question to the Gurus, is the DOS visa bulletin based on DOL labors filed for that month? Does DOS confer with DOL to see how many labor certs were filed for the next month to come up with the visa bulletin? If this is the case, the visa bulletin may move at a good pace this year and next, please correct if wrong.
IV Core team, please lead the way, even if there may not be 100% consensus.
Pappu and core team, awesome job, please continue with the efforts. I had a few ideas:
1. Can we highlight past distinguished immigrants who have come thru the EB channel.
2. The core team, can you please tell, is it realistic to expect congress to view EB separately from CIR?
3. A lot of us here, have American managers, who would in all probability vouch for us and highlight why they want us to get a GC. We could even quantify this in dollar amounts. Can we highlight this?
4. A flash went off in my head when I read about a march to DC, do you remember the Civil rights movement, Dr Martin Luther King Jr, can we use this great man for inspiration? After all, though our cause may not be even close to what African American suffered, there are parallels.
5. Can we take some airtime on tv/radio to highlight H1bs? Is it a good idea? Maybe tech magazines ads?
6. Compile a list of Congress man/women, Senators nationwide, their stance on EB quota removal, this will help us quantitatively identify where we stand.
7. Folks, we are in a very tough adversarial situation, let us not forget that 40 od years back, if not for Civil rights movement, we would not be here.
9. Are there any celebrities who would/could support our cause? Hollywood, u never know we may have support from the most unlikely places.
This apart, a question to the Gurus, is the DOS visa bulletin based on DOL labors filed for that month? Does DOS confer with DOL to see how many labor certs were filed for the next month to come up with the visa bulletin? If this is the case, the visa bulletin may move at a good pace this year and next, please correct if wrong.
IV Core team, please lead the way, even if there may not be 100% consensus.
more...
NH123
05-15 11:15 AM
That's bull. Online at top-rated university costs as much as full-time but definitely not more. Most of the top-notch universities don't even differentiate in-state and out-of-state. M.B.A is a money printing machine for them. Assistantships, in full-time schools, are very few and scarce and competition for them is pretty high. I have friends going to Darden School of Business as full-time students and they are paying close to $70k in fee alone. Add to this the cost of living, books etc. Times are pretty bad now and few of them couldnot even get internships for this summer and few who got had had their offers rescinded. For full-time school you have to consider something called "Opportunity Cost". There was a article in Businessweek which mentioned that a Harvard full-time M.B.A will take 15 years to break-even on his M.B.A investment. The reason for this is that he will be spending $80k on fee alone, another $20-30k for living expenses for 2 years, another 10-20k in books and other expenses. At the same time he would have lost on a average $160-200k in 2 year salary and benefits. Combines together it adds upto $300k which can be invested at average 6% interest, if you are a savvy investor, and get good returns. Assuming a Harvard M.B.A graduate on a average make $120k out-of-school if would take 15 years for him to break-even even with all the increments and bonuses.
Now why do you think that a Harvard Graduate will stay with $120K salary for 15 years .Don't you think that in 15 years he will make much more compare to the average job?I know couple of my friends from MIT sloan are making $200K just after 3 years of graduation.
Now why do you think that a Harvard Graduate will stay with $120K salary for 15 years .Don't you think that in 15 years he will make much more compare to the average job?I know couple of my friends from MIT sloan are making $200K just after 3 years of graduation.
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ujjvalkoul
03-07 03:24 PM
at the time when the PD becomes current....and u have used AC21 and now work for new employer. how would the USCIS know. Only way for them to know if to ask for a Employment letter(w/Job Duties, salary etc) and if they notice its not the sponsoring empoyer, they will look at it more closely....By the time all this happens you could be into the next month when you PD could have retrogressed back to 1900 again.....so as I see it....unless USCIS approved GC first thing w/o asking for additional info...is the best case scenario....
more...
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reddymjm
10-15 01:58 PM
I will mail it today or tomorrow.
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alisa
01-21 02:13 AM
Anyone??
This is all for EB-3.
I think this is the best case scenario.
Pardon my ignorance, but I am assuming that EB-2 eats up from EB-3's numbers, and so EB-2 wait times will be better than what is estimated here for EB-3, at the expense of the EB-3 waiting times ofcourse.
For India:
Depletion_rate = 10500/year
Accumulation_rate = 19500/year
For ROW:
Depletion_rate = 25000/year (Kinda curves-fits to retire all 2001 backlog by 2006, and 2002 backlog by 2008)
Accumulation_rate = 19500/year (Estimated to be the same as that of India)
All numbers rounded off. No
For 2001: Year_current = 2001 + (123194/Depletion_rate)
For 2002: Year_current = 2002 + (160274/Depletion_rate)
For 2003 and later
Year_current = Year_applied + ( (Year_applied-2002)*(Accumulation_rate-Depletion_rate) + 160274) / Depletion_rate
Here are the results. YA is year applied. YC is Year your PD will be current.
No processing delay assumed.
...........India.. ROW
D_rate 10000 25000
A_rate 19500 19500
YA YC YC
2001 2013 2006
2002 2018 2008
2003 2020 2009
2004 2022 2010
2005 2024 2011
2006 2026 2012
2007 2028 2012
2008 2030 2013
2009 2032 2014
2010 2034 2015
I am open to suggestions on how this model can be improved.
If this model, and these estimates are reasonably accurate, lets come out with our own visa bulletin.
This is all for EB-3.
I think this is the best case scenario.
Pardon my ignorance, but I am assuming that EB-2 eats up from EB-3's numbers, and so EB-2 wait times will be better than what is estimated here for EB-3, at the expense of the EB-3 waiting times ofcourse.
For India:
Depletion_rate = 10500/year
Accumulation_rate = 19500/year
For ROW:
Depletion_rate = 25000/year (Kinda curves-fits to retire all 2001 backlog by 2006, and 2002 backlog by 2008)
Accumulation_rate = 19500/year (Estimated to be the same as that of India)
All numbers rounded off. No
For 2001: Year_current = 2001 + (123194/Depletion_rate)
For 2002: Year_current = 2002 + (160274/Depletion_rate)
For 2003 and later
Year_current = Year_applied + ( (Year_applied-2002)*(Accumulation_rate-Depletion_rate) + 160274) / Depletion_rate
Here are the results. YA is year applied. YC is Year your PD will be current.
No processing delay assumed.
...........India.. ROW
D_rate 10000 25000
A_rate 19500 19500
YA YC YC
2001 2013 2006
2002 2018 2008
2003 2020 2009
2004 2022 2010
2005 2024 2011
2006 2026 2012
2007 2028 2012
2008 2030 2013
2009 2032 2014
2010 2034 2015
I am open to suggestions on how this model can be improved.
If this model, and these estimates are reasonably accurate, lets come out with our own visa bulletin.
more...
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Legal
07-04 08:38 PM
only other thing that would help India EB2,3 would be to use these recaptured numbers to be used ONLY for priority dates older than 3years or something like that. Even if achieve legislation to recapture the EB numbers.. unlesss we seek something like this EB India will be screwed for ever.
I meant without country cap....
I meant without country cap....
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nozerd
01-27 10:31 AM
Why are the numbers for 2000 so low. Is it because it is pre AC21.
Also how are we currently accounting for 245I folks in this model. Do we have good numbers on them ?
Also how are we currently accounting for 245I folks in this model. Do we have good numbers on them ?
more...
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arnab221
03-18 07:57 PM
On a lighter note .
The USCIS has a 4 year full time course for understanding PD's and restrogression . It is called BPD&R ( Bachelor of Priority Dates and Retrogression ) . This degree is recognised only by the in the US and H1b's are also granted based on this course .There is no education evaluation needed.
You could also do an MBPD&R and leads to Phd also . You could then join the USCIS and set PD's for the countries .
The USCIS has a 4 year full time course for understanding PD's and restrogression . It is called BPD&R ( Bachelor of Priority Dates and Retrogression ) . This degree is recognised only by the in the US and H1b's are also granted based on this course .There is no education evaluation needed.
You could also do an MBPD&R and leads to Phd also . You could then join the USCIS and set PD's for the countries .
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StarSun
02-17 09:50 AM
IV sent newsletters last year on advocacy efforts to its members. We are doing it this year as well. We are trying to reach out to our members to attend the event.
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abc
11-17 05:21 PM
try to move when your 6 months of any H1b year are over.
I am trying to file H1b transfer + extn through new company. I am on 6 and half years on H1.
So, i will get 18 months in new h1b. Thus, I can safely file Perm through new company and get further extensions.
I am trying to file H1b transfer + extn through new company. I am on 6 and half years on H1.
So, i will get 18 months in new h1b. Thus, I can safely file Perm through new company and get further extensions.
sukhwinderd
02-21 06:27 AM
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lets make it a grand success. dont wait till the last minute.
lets make it a grand success. dont wait till the last minute.
vin13
11-12 03:32 PM
Isn't there a limit of 27% of visas per quarter per country per calendar year ? If that limit is there then who will take precedence ? Quarterly Spill over or that limit ?
To me I think DOS is doing 27% quota limit for first 3 quarters then they are doing spill over so there is no quarterly spill. What if they will show us that there is a limit per quarter in law and they have to follow it. Is it something like deadlock. that trying to follow one law breaks another one.
What if we end up getting response that there is some action needed from Lawmakers to correct law..
just random thoughts.
In simple math, spillover happens only when there are left overs. If they were able to allocate visas to fill the quarterly limit(say 27%) then there is no spillovers. But we know that there are leftover visa that can be allocated quarterly not annually.
We are not 100% sure of exactly how they are allocating. At the least, this effort will help us understand the current process.
To me I think DOS is doing 27% quota limit for first 3 quarters then they are doing spill over so there is no quarterly spill. What if they will show us that there is a limit per quarter in law and they have to follow it. Is it something like deadlock. that trying to follow one law breaks another one.
What if we end up getting response that there is some action needed from Lawmakers to correct law..
just random thoughts.
In simple math, spillover happens only when there are left overs. If they were able to allocate visas to fill the quarterly limit(say 27%) then there is no spillovers. But we know that there are leftover visa that can be allocated quarterly not annually.
We are not 100% sure of exactly how they are allocating. At the least, this effort will help us understand the current process.
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