msp1976
02-12 08:54 PM
Without reform in the next few months.....dates for EB3 ROW would also start moving backwards....
The BECs would chew on the TR cases and throw out 100 K approvals in the next few months....That it .... Sayonara for the EB3 world current dates too.....
The BECs would chew on the TR cases and throw out 100 K approvals in the next few months....That it .... Sayonara for the EB3 world current dates too.....
wallpaper %IMG_DESC_1%
kumar1
07-10 05:45 PM
my 2 cent
I am applying for Canadian PR this week and will count the days till it gets through. Already getting calls for Vancouver.:D :D :D
No matter what happens here with this insane GC process, we see our future in Canda.
So long USA
:D :D :D
Please go to this site for Canadian immigration info -
www.settlement.org
You can find some bad things about Canada here -
www.notcanada.com
Weigh yourself. Thanks
I am applying for Canadian PR this week and will count the days till it gets through. Already getting calls for Vancouver.:D :D :D
No matter what happens here with this insane GC process, we see our future in Canda.
So long USA
:D :D :D
Please go to this site for Canadian immigration info -
www.settlement.org
You can find some bad things about Canada here -
www.notcanada.com
Weigh yourself. Thanks
_TrueFacts
09-03 10:11 PM
breddy2000,
You see YSR is in high point, as for you corruption, blood politics, mafia by him are no big deal and normal. What should I say? You are better fit to immigrate to Somalia, Afghanistan or Colombia.
Every one does that, is that a reason. You claim that you are not a supporter of any one. If that is the case then give due credit where required and criticize and condemn when it’s appropriate.
As posted by abracadabra102 YSR exactly fits for "No better friend, No worse enemy" and in due course he amassed illegal wealth, corruption and killings.
His death is the reason this thread is here, living or dead facts are facts and yes Good Riddance that he is no more.
Yes, will do whatever I can, humbly. In fact it is India’s citizens that are forcing these politicians to implement effective policy not the other way where people are living and enjoying an effective system.
You see YSR is in high point, as for you corruption, blood politics, mafia by him are no big deal and normal. What should I say? You are better fit to immigrate to Somalia, Afghanistan or Colombia.
Every one does that, is that a reason. You claim that you are not a supporter of any one. If that is the case then give due credit where required and criticize and condemn when it’s appropriate.
As posted by abracadabra102 YSR exactly fits for "No better friend, No worse enemy" and in due course he amassed illegal wealth, corruption and killings.
His death is the reason this thread is here, living or dead facts are facts and yes Good Riddance that he is no more.
Yes, will do whatever I can, humbly. In fact it is India’s citizens that are forcing these politicians to implement effective policy not the other way where people are living and enjoying an effective system.
2011 %IMG_DESC_2%
anilsal
12-14 12:51 PM
It is good to have constructive arguments. I request you to at least have the decency to use "smileys" (preferably the happier types) at the end of strong sentences, such that u don't come across as rude to the readers..... :cool:
more...
NKR
02-15 07:06 PM
People would like to see India as land of snake charmers, cows blocking roads etc.
They can't digest IITians coming to MIT, Stanford etc. :-)
That's taking it a bit too far, I might disagree on most of the things ROW people say but I am not here to make enemies. I have waited and I do not want others also to wait, I just want everybody (including ROW people) to get out of this mess as fast as possible.
They can't digest IITians coming to MIT, Stanford etc. :-)
That's taking it a bit too far, I might disagree on most of the things ROW people say but I am not here to make enemies. I have waited and I do not want others also to wait, I just want everybody (including ROW people) to get out of this mess as fast as possible.
longq
02-13 03:53 PM
Before AC21, the spill over goes vertically.
After AC21, the spill over should go horizontally. But it is not going so. There is something going behind the screen. There is some reason for DOS is doing so. The law is not gray in this respect. It can be easily litigated, if they issued less than 40,000 EB2 visas and more than 40,000 EB3 visas. Nov 2005 VB is not a law. It is a statement by DOS. The law is section 202 of INA.
In both cases (before and after AC21) allocation of unused visas should go in a last month of calnder quarter. Both sec 202 3 a and 202 a 5 says "in a calender quarter" ..
Before AC21
3) Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.
After AC21..
(A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
Now ROW experts, post your comment for this hypothitical example ..
Lets assume there are 100 unused visas in EB2 catagory in a calender quarter. Worldwide EB damand is more than 140,000. Now, how will you assisn those numbers if it is before AC21 period and if it is after AC21 period.
If you say in both cases it goes to EB3-ROW, then we are not stupid to listien.
After AC21, the spill over should go horizontally. But it is not going so. There is something going behind the screen. There is some reason for DOS is doing so. The law is not gray in this respect. It can be easily litigated, if they issued less than 40,000 EB2 visas and more than 40,000 EB3 visas. Nov 2005 VB is not a law. It is a statement by DOS. The law is section 202 of INA.
In both cases (before and after AC21) allocation of unused visas should go in a last month of calnder quarter. Both sec 202 3 a and 202 a 5 says "in a calender quarter" ..
Before AC21
3) Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.
After AC21..
(A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
Now ROW experts, post your comment for this hypothitical example ..
Lets assume there are 100 unused visas in EB2 catagory in a calender quarter. Worldwide EB damand is more than 140,000. Now, how will you assisn those numbers if it is before AC21 period and if it is after AC21 period.
If you say in both cases it goes to EB3-ROW, then we are not stupid to listien.
more...
praveenuppaluri
09-03 11:27 AM
I am not a congress supporter and I am definitely not a YSR fan. He was a very powerful man in AP and look at the way he died.. horrible death. it sure is very sad that 5 people died that way. may their souls rest in peace.
2010 %IMG_DESC_3%
harikris
05-30 11:56 PM
Belmontboy ..Thanks for the same ..as I said earlier any campaign should highlight the positive aspects of legal immigration ..fighting over EB1 misuse is not going to help. I am a prospective home buyer and in the last few months, I met 8 buyer / seller agents ..they are literally sweating for any business ...at the very least let us show the positive contribution that immigrants have for the housing and other related economy (which is massive in terms of $$$$$). I am sure everyone will agree that this is better than fighting over EB1 misuse and fighting amongst ourselves
1. If there are half a million people stuck in the immigration system, atleast half of them would be Mr. Hiralal-types whose buying potential could be between 150K$ to 250K$. That's an average of 50 Billion $s
2. If Mr. Hiralal-types bought a house today, that would dry out the foreclosure inventories for precisely one month. If all the EB immigrants were to buy a home, that would stem help for two months at the current supply rate of homes piling to the inventory.
How would the policy-makers look at these numbers?
Let's keep Hiralal's point as one of the several reasons for pushing for reform. But, the broader perspective is to reform the way the Govt. processes immigrant application. We should strive for permanent solutions - removing of country quota and make it true capitalist nature - let supply and demand dictate who can get in and how many can get in. If diversity is the reasoning for country quota, then India should be given 25 times 7 which is 175% because we are 25 counties put in one.
Economic situations and foreclosures are all fleeting effects. While we can leverage on these facts our argument for reform should not be based on variants.
1. If there are half a million people stuck in the immigration system, atleast half of them would be Mr. Hiralal-types whose buying potential could be between 150K$ to 250K$. That's an average of 50 Billion $s
2. If Mr. Hiralal-types bought a house today, that would dry out the foreclosure inventories for precisely one month. If all the EB immigrants were to buy a home, that would stem help for two months at the current supply rate of homes piling to the inventory.
How would the policy-makers look at these numbers?
Let's keep Hiralal's point as one of the several reasons for pushing for reform. But, the broader perspective is to reform the way the Govt. processes immigrant application. We should strive for permanent solutions - removing of country quota and make it true capitalist nature - let supply and demand dictate who can get in and how many can get in. If diversity is the reasoning for country quota, then India should be given 25 times 7 which is 175% because we are 25 counties put in one.
Economic situations and foreclosures are all fleeting effects. While we can leverage on these facts our argument for reform should not be based on variants.
more...
akred
02-15 04:32 PM
What is the basis of your claim my friend?
No claim, just fact. Sure, you can dress up a pig, but some people will still see it for a pig.
http://en.wikipedia.org/wiki/Immigration_and_Nationality_Act
Racial restrictions which previously existed were abolished in the INA, but a quota system was retained and the policy of restricting the numbers of immigrants from certain countries was continued.
No claim, just fact. Sure, you can dress up a pig, but some people will still see it for a pig.
http://en.wikipedia.org/wiki/Immigration_and_Nationality_Act
Racial restrictions which previously existed were abolished in the INA, but a quota system was retained and the policy of restricting the numbers of immigrants from certain countries was continued.
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belmontboy
05-29 04:17 PM
We all need to concentrate on being united. No point in pulling down others. This is typical behavior of Indian attitude. Do you think you will get your GC faster if EB1 abuse stops??? I would say no, we would be still stuck in the same shit hole for another 10 years. Why waste energy on this??? We should rather work on more constructive action items.
Our main problem is 7% quota for India, China and other retrogressed countries is simply not enough. We need some relief in any possible way.
Sometime back i did suggest an idea of working towards a separate Quota (not counted towards 140,000) for Masters/PhD students. That horse was beaten to death.
Lets think more positive and list down all actions that we could work.
To start with i suggest on having a separate quota (not counted towards 140,000) for Masters/PhD students. That should ease most of the pain.
If anybody has other bright ideas, feel free
Channel your outrage on a positive action item
Our main problem is 7% quota for India, China and other retrogressed countries is simply not enough. We need some relief in any possible way.
Sometime back i did suggest an idea of working towards a separate Quota (not counted towards 140,000) for Masters/PhD students. That horse was beaten to death.
Lets think more positive and list down all actions that we could work.
To start with i suggest on having a separate quota (not counted towards 140,000) for Masters/PhD students. That should ease most of the pain.
If anybody has other bright ideas, feel free
Channel your outrage on a positive action item
more...
abracadabra102
09-04 10:10 AM
breddy2000,
You see YSR is in high point, as for you corruption, blood politics, mafia by him are no big deal and normal. What should I say? You are better fit to immigrate to Somalia, Afghanistan or Colombia.
Every one does that, is that a reason. You claim that you are not a supporter of any one. If that is the case then give due credit where required and criticize and condemn when it�s appropriate.
As posted by abracadabra102 YSR exactly fits for "No better friend, No worse enemy" and in due course he amassed illegal wealth, corruption and killings.
His death is the reason this thread is here, living or dead facts are facts and yes Good Riddance that he is no more.
Yes, will do whatever I can, humbly. In fact it is India�s citizens that are forcing these politicians to implement effective policy not the other way where people are living and enjoying an effective system.
I do not think you understood the meaning of my words correctly.
If you are a friend of YSR, you won't find a better friend than him and he will go out of way to help you. If you are his enemy, be prepared for consequences. This is also the motto of US Army and its origin is attributed to what a famous roman general once said of himself.
"No friend ever served me, and no enemy ever wronged me, whom I have not repaid in full"
YSR is a very successfull CM. He delivered what mattered most to the poor people. Some other states like Tamilnadu are introducing some of his schemes like Rajiv arogyashree. More than 30 people died after learning that he is dead. Very few people can inspire that kind of reverence and affection. He may have his short comings but he achieved more than most can dream of.
It is silly to quote corruption every time you discuss politicians. Show me any major politician of consequence who did not face corruption charges at some time or the other. It is always present in one form or the other since the beginning of politics. We are all watching what is happening with healthcare reform bill here and how powerfull insurance industry is influencing it's outcome.
And who is making these allegations? Surprise, opposition parties and some sections of media that are opposed to him.
His death is definitely a loss to the state. We need competition among politicians and that competition existed between YSR and Babu and I like both of them. Between the two, I think AP progressed overall.
You see YSR is in high point, as for you corruption, blood politics, mafia by him are no big deal and normal. What should I say? You are better fit to immigrate to Somalia, Afghanistan or Colombia.
Every one does that, is that a reason. You claim that you are not a supporter of any one. If that is the case then give due credit where required and criticize and condemn when it�s appropriate.
As posted by abracadabra102 YSR exactly fits for "No better friend, No worse enemy" and in due course he amassed illegal wealth, corruption and killings.
His death is the reason this thread is here, living or dead facts are facts and yes Good Riddance that he is no more.
Yes, will do whatever I can, humbly. In fact it is India�s citizens that are forcing these politicians to implement effective policy not the other way where people are living and enjoying an effective system.
I do not think you understood the meaning of my words correctly.
If you are a friend of YSR, you won't find a better friend than him and he will go out of way to help you. If you are his enemy, be prepared for consequences. This is also the motto of US Army and its origin is attributed to what a famous roman general once said of himself.
"No friend ever served me, and no enemy ever wronged me, whom I have not repaid in full"
YSR is a very successfull CM. He delivered what mattered most to the poor people. Some other states like Tamilnadu are introducing some of his schemes like Rajiv arogyashree. More than 30 people died after learning that he is dead. Very few people can inspire that kind of reverence and affection. He may have his short comings but he achieved more than most can dream of.
It is silly to quote corruption every time you discuss politicians. Show me any major politician of consequence who did not face corruption charges at some time or the other. It is always present in one form or the other since the beginning of politics. We are all watching what is happening with healthcare reform bill here and how powerfull insurance industry is influencing it's outcome.
And who is making these allegations? Surprise, opposition parties and some sections of media that are opposed to him.
His death is definitely a loss to the state. We need competition among politicians and that competition existed between YSR and Babu and I like both of them. Between the two, I think AP progressed overall.
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InTheMoment
09-14 09:16 PM
It is important to know the numbers of traditional labors filed in year 2005 before PERM was implemented on March 28, 2005. Does anybody have hard numbers on these ?
This is a very relevant piece of info, as tons were filed because PERM was a new animal and no one wanted to play around with it before they understood it.
This is a very relevant piece of info, as tons were filed because PERM was a new animal and no one wanted to play around with it before they understood it.
more...
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villamonte6100
12-14 02:09 PM
Could you please tell us the problem on this law that can be changed to help us.
Federal Equal Employment Opportunity (EEO) Laws
The Federal laws prohibiting job discrimination are:
Title VII of the Civil Rights Act of 1964 (Title VII), which prohibits employment discrimination based on race, color, religion, sex, or national origin;
the Equal Pay Act of 1963 (EPA), which protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination;
the Age Discrimination in Employment Act of 1967 (ADEA), which protects individuals who are 40 years of age or older;
Title I and Title V of the Americans with Disabilities Act of 1990 (ADA), which prohibit employment discrimination against qualified individuals with disabilities in the private sector, and in state and local governments;
Sections 501 and 505 of the Rehabilitation Act of 1973, which prohibit discrimination against qualified individuals with disabilities who work in the federal government;
and
the Civil Rights Act of 1991, which, among other things, provides monetary damages in cases of intentional employment discrimination.
Federal Equal Employment Opportunity (EEO) Laws
The Federal laws prohibiting job discrimination are:
Title VII of the Civil Rights Act of 1964 (Title VII), which prohibits employment discrimination based on race, color, religion, sex, or national origin;
the Equal Pay Act of 1963 (EPA), which protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination;
the Age Discrimination in Employment Act of 1967 (ADEA), which protects individuals who are 40 years of age or older;
Title I and Title V of the Americans with Disabilities Act of 1990 (ADA), which prohibit employment discrimination against qualified individuals with disabilities in the private sector, and in state and local governments;
Sections 501 and 505 of the Rehabilitation Act of 1973, which prohibit discrimination against qualified individuals with disabilities who work in the federal government;
and
the Civil Rights Act of 1991, which, among other things, provides monetary damages in cases of intentional employment discrimination.
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newtoearth
05-02 04:58 PM
...
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pictures %IMG_DESC_7%
apnair2002
04-29 09:26 AM
04/29/2007: Elimination of Substitution of Aliens for the Certified Labor Certification Applications
As we stated earlier, the OMB had 90 days to make a decision on this DOL Final Rule. It was submitted on 01/26/2007 and the OMB cleared on 04/27/2007, just immediately prior to expiration of 90 days.
This final rule will not go into effect until it is published by the DOL in the federal register. Record reflects that this final rule will not be published in the federal register, Monday, 04/30/2007. We have yet to see what changes to the proposed version of the rule the DOL made in the final rule. However, it is certain that this rule will not go into effect on Monday, 04/30/2007, and there may still be some actions the employers can make before it is published in the federal register.
Pending Labor Certification Cases: PERM rule does not allow any amendments and no substitution of alien beneficiary available until the PERM application is certified. By the time PERM is approved, it may be too late to initiate the substitution. However, the cases which are pending at the BECs are different. The beneficiaries can be substituted inasmuch as the job order and the BEC supervised recruitment has yet to be initiated. At this time, the amendment of the BEC application does not require a paper request and e-mail or even phone call request followed by fax will work to substitute the alien. Under the final rule which will go into effect soon, the labor certification applications at the stage of DOL can survive only if the substitution has been approved at the time of release of the final rule. Accordingly, the employers can contact the BECs tomorrow, Monday, to amend the pending ETA 705 and alien beneficiary over the phone, via e-mail, followed by the phone calls and fax or straightforwardedly via fax. CAVEAT: If substitution is denied and original beneficiary ETA 750 is denied for the reason that there is no beneficiary, the employer can lose everything!!
Certified Labor Certification Cases: These cases will not be able to survive unless the I-140 petition is quickly filed on Monday substituting the alien beneficiary. The earliest filing date will be "Tuesday" since overnight delivery has to reach the Service Centers. Still worth trying. Once it is "filed," it will be safe. There remain a host of issues which will have to be resolved by the USCIS as to the consequences of the denial of these substitution I-140 petitions on issues other than alien beneficiaries qualifications such as the employer's financial ability to pay the proffered wage, etc. Obviously, the denial becomes a "final" action, the cases on appeal to the AAO will continue to remain outside the parameter of the elimination rule. Another question is the effect of motion to reopen of denial of substitution I-140 petitions. There is some chance that the USCIS may decide that once the motion is granted and I-140 petition is approved, the DOL's final rule of elimination of substitution will not affect the case. What if the employer refiles the substitution I-140 petitions? The chances of these cases will remail slim or nil. Since it will be considred a "new" filing of substitution I-140 petition, the USCIS may rule that such filing will be subject to the DOL's substitution elimination final rule. There will be other issues which fall under the jurisdiction of the USCIS rather than DOL as related to the interpretation of the substitution I-140 petitions. The USCIS is scheduled to initiate this rule making process sooner or later. Please stay tuned.
Impact on the Retention of Priority Date: The rule of retention of priority date is governed not by the DOL but by the USCIS. Under the USCIS rule, the priority date of the labor certification application is not retained until I-140 petition is "approved." Accordingly, if the decision of the denial of the substitution I-140 becomes final on appeal, the substituting alien will not be able to retain the priority. Neither the original beneficiary can retain the priority date unless the alien beneficiary substition I-140 petition was filed after the I-140 had been approved for the original beneficiary.
Impact on the 7th-Year H-1B Extension: Until the substitution I-140 is denied and becomes final on appeal, the substitutiing alien will be able to continuously extend the H-1B status in one-year increment, but the substituted alien will not be able to extend the 7th-year H-1B status based on the substituted labor certification application. Once the decision of denial becomes final, the substituting alien will not be able to extend the H-1B status after that time, but the validity of the approved 7th-year H-1B status will remain valid until the expiration date.
Impact on the 245(i) Benefits: Grandfathering of the 245(i) benefits cannot be transferred to other aliens and substituting aliens cannot take over the 245(i) benefits unless the substitution was filed before April 30, 2001. Once the grandfathering is attached, it remains valid unless "not approveable at the time of labor certification application filing" is found. Accordingly, the denial of substitution I-140 petition on behalf of the substituting alien will have no affect on the original beneficiary's retention of the 245(i) benefits.
Well, let's wait and see the text of the soon-to-be published final rule.
As we stated earlier, the OMB had 90 days to make a decision on this DOL Final Rule. It was submitted on 01/26/2007 and the OMB cleared on 04/27/2007, just immediately prior to expiration of 90 days.
This final rule will not go into effect until it is published by the DOL in the federal register. Record reflects that this final rule will not be published in the federal register, Monday, 04/30/2007. We have yet to see what changes to the proposed version of the rule the DOL made in the final rule. However, it is certain that this rule will not go into effect on Monday, 04/30/2007, and there may still be some actions the employers can make before it is published in the federal register.
Pending Labor Certification Cases: PERM rule does not allow any amendments and no substitution of alien beneficiary available until the PERM application is certified. By the time PERM is approved, it may be too late to initiate the substitution. However, the cases which are pending at the BECs are different. The beneficiaries can be substituted inasmuch as the job order and the BEC supervised recruitment has yet to be initiated. At this time, the amendment of the BEC application does not require a paper request and e-mail or even phone call request followed by fax will work to substitute the alien. Under the final rule which will go into effect soon, the labor certification applications at the stage of DOL can survive only if the substitution has been approved at the time of release of the final rule. Accordingly, the employers can contact the BECs tomorrow, Monday, to amend the pending ETA 705 and alien beneficiary over the phone, via e-mail, followed by the phone calls and fax or straightforwardedly via fax. CAVEAT: If substitution is denied and original beneficiary ETA 750 is denied for the reason that there is no beneficiary, the employer can lose everything!!
Certified Labor Certification Cases: These cases will not be able to survive unless the I-140 petition is quickly filed on Monday substituting the alien beneficiary. The earliest filing date will be "Tuesday" since overnight delivery has to reach the Service Centers. Still worth trying. Once it is "filed," it will be safe. There remain a host of issues which will have to be resolved by the USCIS as to the consequences of the denial of these substitution I-140 petitions on issues other than alien beneficiaries qualifications such as the employer's financial ability to pay the proffered wage, etc. Obviously, the denial becomes a "final" action, the cases on appeal to the AAO will continue to remain outside the parameter of the elimination rule. Another question is the effect of motion to reopen of denial of substitution I-140 petitions. There is some chance that the USCIS may decide that once the motion is granted and I-140 petition is approved, the DOL's final rule of elimination of substitution will not affect the case. What if the employer refiles the substitution I-140 petitions? The chances of these cases will remail slim or nil. Since it will be considred a "new" filing of substitution I-140 petition, the USCIS may rule that such filing will be subject to the DOL's substitution elimination final rule. There will be other issues which fall under the jurisdiction of the USCIS rather than DOL as related to the interpretation of the substitution I-140 petitions. The USCIS is scheduled to initiate this rule making process sooner or later. Please stay tuned.
Impact on the Retention of Priority Date: The rule of retention of priority date is governed not by the DOL but by the USCIS. Under the USCIS rule, the priority date of the labor certification application is not retained until I-140 petition is "approved." Accordingly, if the decision of the denial of the substitution I-140 becomes final on appeal, the substituting alien will not be able to retain the priority. Neither the original beneficiary can retain the priority date unless the alien beneficiary substition I-140 petition was filed after the I-140 had been approved for the original beneficiary.
Impact on the 7th-Year H-1B Extension: Until the substitution I-140 is denied and becomes final on appeal, the substitutiing alien will be able to continuously extend the H-1B status in one-year increment, but the substituted alien will not be able to extend the 7th-year H-1B status based on the substituted labor certification application. Once the decision of denial becomes final, the substituting alien will not be able to extend the H-1B status after that time, but the validity of the approved 7th-year H-1B status will remain valid until the expiration date.
Impact on the 245(i) Benefits: Grandfathering of the 245(i) benefits cannot be transferred to other aliens and substituting aliens cannot take over the 245(i) benefits unless the substitution was filed before April 30, 2001. Once the grandfathering is attached, it remains valid unless "not approveable at the time of labor certification application filing" is found. Accordingly, the denial of substitution I-140 petition on behalf of the substituting alien will have no affect on the original beneficiary's retention of the 245(i) benefits.
Well, let's wait and see the text of the soon-to-be published final rule.
dresses %IMG_DESC_12%
gc_check
07-04 12:21 PM
What is $170 and $180? I got this number from my attorney.
However, we are getting conflicting #s on application fee!
Please resolve these #s. Lawyer fees vary. So we can give least and max #s.
$170 - Fees for I-131 / Application for Advance Parole / Travel Document.
$180 - Fees for I-765 / Application for Employment Authorization.
$ 325 - Fees for I-485 / Application for Adjustment of Status to register as Permanent Resident. ($225 for applicaiton below 14 and over 80 (Should check on this))
$70 - Biometric Recording Fees. (Finger Printing, etc)
Usually for majority of the folks, Employer covers these fees, But for spouse and dependent children, these fees have to be taken care by individual/applicant themselves. Atleast my agreement is like that.
NOTE : These fees are already revised / increased effective July 30, 2007. Will find the details and will post.
However, we are getting conflicting #s on application fee!
Please resolve these #s. Lawyer fees vary. So we can give least and max #s.
$170 - Fees for I-131 / Application for Advance Parole / Travel Document.
$180 - Fees for I-765 / Application for Employment Authorization.
$ 325 - Fees for I-485 / Application for Adjustment of Status to register as Permanent Resident. ($225 for applicaiton below 14 and over 80 (Should check on this))
$70 - Biometric Recording Fees. (Finger Printing, etc)
Usually for majority of the folks, Employer covers these fees, But for spouse and dependent children, these fees have to be taken care by individual/applicant themselves. Atleast my agreement is like that.
NOTE : These fees are already revised / increased effective July 30, 2007. Will find the details and will post.
more...
makeup %IMG_DESC_9%
BharatPremi
09-24 12:06 PM
I think your analysis considers EB1(ROW)+EB2(ROW) spill over to EB3(ROW) that is not true,
EB1 Overflow ---> EB2
EB2 Overflow ---> EB2(I)+EB China
That means as per your calculation, it would be 19,282 considering 0 EB1 and EB2 filled in 2010.
As i said in my previous posts EB2 would be May 2006 by end of this year for sure.
Best case scenario considering more than 30K spill over it would be end of 2006.
You are also calculating spillover as of today with the pending cases, but the spill over happens only in Last quarter of 2010. There would be some if not more EB1+EB2 ROW applicants.
One thing for spillover is sure and that is it is happening at the end of a year. If we read the Visa bulletin 2 methods of spillover can be derived.
1) Spillover within preference first and then to country
Example: additional numbers of EB2- I go to EB2-M/C and after that any left ones go to
EB3 category
2) Spillover within contry first
Example: EB2-I - any extra numbers go to EB3-I and still left go to "unused" ready to be used by other oversubscribed country.
Now USCIS may be doing spillover by any of these methods or combination. I think none of us have exact proof which way USCIS does spillover.
In analysis we need to assume one or other path and that is what I did.
Yes, current new influx of applications is a major item to factor in but I was working on the data what USCIS published and it has not published current influx. Every month calculations get changed.
EB1 Overflow ---> EB2
EB2 Overflow ---> EB2(I)+EB China
That means as per your calculation, it would be 19,282 considering 0 EB1 and EB2 filled in 2010.
As i said in my previous posts EB2 would be May 2006 by end of this year for sure.
Best case scenario considering more than 30K spill over it would be end of 2006.
You are also calculating spillover as of today with the pending cases, but the spill over happens only in Last quarter of 2010. There would be some if not more EB1+EB2 ROW applicants.
One thing for spillover is sure and that is it is happening at the end of a year. If we read the Visa bulletin 2 methods of spillover can be derived.
1) Spillover within preference first and then to country
Example: additional numbers of EB2- I go to EB2-M/C and after that any left ones go to
EB3 category
2) Spillover within contry first
Example: EB2-I - any extra numbers go to EB3-I and still left go to "unused" ready to be used by other oversubscribed country.
Now USCIS may be doing spillover by any of these methods or combination. I think none of us have exact proof which way USCIS does spillover.
In analysis we need to assume one or other path and that is what I did.
Yes, current new influx of applications is a major item to factor in but I was working on the data what USCIS published and it has not published current influx. Every month calculations get changed.
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jkays94
05-10 12:56 AM
Do I have to go to a local police station and ask for FBI finger print card?
can someone in detail tell me how this finger print/background check should be done in the US?
Yes, although the State Police HQ, if nearby, might be a better choice since they routinely may do background checks for certain professions. In case your country requires your fingerprints, take 3 sets of prints on the FBI cards, two for the FBI that way incase there is an issue with any of the prints it will save you time incase of an issue. Note you can also indicate on the FBI cover letter to expedite it, which will make it take about 3 - 4 weeks.
Also note that the Canadian process requires the prints to be no more than 6 months old when submitted. If you do this after the submission is done, then it might be a good idea to wait 3 months after the acknowledgement of the reciept of the application to send in the FBI request. This will save you some time as opposed to waiting till the consulate requests. Its important to note that some applications can take up to two years and others as short at 9 months if you have everything in order. Keep this in mind when requesting the FBI check. Follow the instructions at the link below :
http://www.fbi.gov/hq/cjisd/fprequest.htm
can someone in detail tell me how this finger print/background check should be done in the US?
Yes, although the State Police HQ, if nearby, might be a better choice since they routinely may do background checks for certain professions. In case your country requires your fingerprints, take 3 sets of prints on the FBI cards, two for the FBI that way incase there is an issue with any of the prints it will save you time incase of an issue. Note you can also indicate on the FBI cover letter to expedite it, which will make it take about 3 - 4 weeks.
Also note that the Canadian process requires the prints to be no more than 6 months old when submitted. If you do this after the submission is done, then it might be a good idea to wait 3 months after the acknowledgement of the reciept of the application to send in the FBI request. This will save you some time as opposed to waiting till the consulate requests. Its important to note that some applications can take up to two years and others as short at 9 months if you have everything in order. Keep this in mind when requesting the FBI check. Follow the instructions at the link below :
http://www.fbi.gov/hq/cjisd/fprequest.htm
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Lasantha
12-14 03:45 PM
Good summary but let me also add the observation that eliminating the per country quota alone will not bring the desired benefit unless the following are also implemneted
1) Increase of the total EB quota
2) Exclude dependents from the quota
3) Re-capture unused visas from past years.
To summarize the discussions on this thread:
Yes, it is 7 % for all countries.
Now it is manifestly obvious that the 7 % figure is arbitrary, and not fair. That much we can all agree on.
The real question, as raised in the first post of the thread by soljabhai is:
(A) Is that constitutional?
(B) (And this is the real question): If it is, what should we do about it?
Intelligent questions, both.
The answer to (A) is not clear. We need a competent constitutional expert to opine on the matter.
For (B), (which is what the thread is really all about), there are lively discussions with differing views.
lazycis has presented good evidence that the case is not cut and dried legally. It might be unfair, but those are the laws.
mbartosik, alterego, me and others have argued (from different angles) in terms of pragmatism. (Cost is not worth the benefit)
garybanz, soljabhai, and others have argued that it is worth it (Cost is worth the benefit).
Anyway, agree or disagree, its an interesting thread with interesting posts..
1) Increase of the total EB quota
2) Exclude dependents from the quota
3) Re-capture unused visas from past years.
To summarize the discussions on this thread:
Yes, it is 7 % for all countries.
Now it is manifestly obvious that the 7 % figure is arbitrary, and not fair. That much we can all agree on.
The real question, as raised in the first post of the thread by soljabhai is:
(A) Is that constitutional?
(B) (And this is the real question): If it is, what should we do about it?
Intelligent questions, both.
The answer to (A) is not clear. We need a competent constitutional expert to opine on the matter.
For (B), (which is what the thread is really all about), there are lively discussions with differing views.
lazycis has presented good evidence that the case is not cut and dried legally. It might be unfair, but those are the laws.
mbartosik, alterego, me and others have argued (from different angles) in terms of pragmatism. (Cost is not worth the benefit)
garybanz, soljabhai, and others have argued that it is worth it (Cost is worth the benefit).
Anyway, agree or disagree, its an interesting thread with interesting posts..
vdlrao
07-29 12:15 AM
However, these students are not completely exempted from the H1B quota for each year. Whatever, if PERM filing in year 2008 has witnessed 46% drop since 2007 ... it tells us a lot.
I presume the decrease in labour filing in 2008 might be a possibility due to the offshore Indian companies which shifting to H1B sponsorship instead of L1 sponsorship. Because most of the L1s being rejected with these companies recently. So they switching to H1 sponsorship. And obviously they normally dont sponsor GC. So this is just my thinking on why the labor filings decreased in 2008 compared to 2007.
http://www.myvisajobs.com/reports/Sponsor/Top500_h1b_visa_sponsor_2005.pdf
I presume the decrease in labour filing in 2008 might be a possibility due to the offshore Indian companies which shifting to H1B sponsorship instead of L1 sponsorship. Because most of the L1s being rejected with these companies recently. So they switching to H1 sponsorship. And obviously they normally dont sponsor GC. So this is just my thinking on why the labor filings decreased in 2008 compared to 2007.
http://www.myvisajobs.com/reports/Sponsor/Top500_h1b_visa_sponsor_2005.pdf
_TrueFacts
09-11 10:37 AM
Lessons YSR taught Sonia (http://blogs.timesofindia.indiatimes.com/masala-noodles/entry/lessons-ysr-taught-sonia)
Snippets.. go through all the user comments on the post in TOI.
YSR moulded democracy in AP in his own feudal mode. Hailing from the drylands of Rayalseema, where barren agriculture and lack of industry made an industry out of violence and extortion
YSR devised his own framework of governance that he started implementinng the moment he came to office in 2004. Simplistically stated this framework was an adaptation of the old zamindari system: under this YSR parcelled demarcated areas of the state to his loyal followers (who were elected as MLAs and MPs from these areas). Within the jurisidisction of these areas, these loyal followers were the kings - they were free to do anything (within limits) using the state's administrative machinery. In return, YSR wanted their loyalty and resources for the party kitty
Well, YSR delivered the state to her not once but twice and also financed a large part of the Congress campaign costs. In this comfort, Sonia forgot that the loyal Congressman had converted the party into his own personal satrapy
Snippets.. go through all the user comments on the post in TOI.
YSR moulded democracy in AP in his own feudal mode. Hailing from the drylands of Rayalseema, where barren agriculture and lack of industry made an industry out of violence and extortion
YSR devised his own framework of governance that he started implementinng the moment he came to office in 2004. Simplistically stated this framework was an adaptation of the old zamindari system: under this YSR parcelled demarcated areas of the state to his loyal followers (who were elected as MLAs and MPs from these areas). Within the jurisidisction of these areas, these loyal followers were the kings - they were free to do anything (within limits) using the state's administrative machinery. In return, YSR wanted their loyalty and resources for the party kitty
Well, YSR delivered the state to her not once but twice and also financed a large part of the Congress campaign costs. In this comfort, Sonia forgot that the loyal Congressman had converted the party into his own personal satrapy
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