snathan
01-13 06:12 PM
Interesting. I think there would probably be around maybe half a million or so H1Bs currently in the US, probably more , working in the IT industry. Many if not most would work for these consulting companies; ranging from the large one's like Accenture or TCS to the grocery store offices in NJ. All of them have the potential to be affected if this memo is strictly enforced.
While I would be glad if all the shady consultancy firms that have wrecked the H1B program to be put out of business; there might be serious disruptions in the IT industry if hundreds of thousands of workers are going to be forced out; even if in a phased manner; i.e. letting folks stay till their current visas expire.
Consulting companies are just the tip of the ice burg. They should really target infy, wipro, TCS like companies. They are the one truly exploiting the sytem to the fullest. They do not sponsor GC, do not pay the good salary or any benefit to the employee. I also dont see the share holders are rewared. God knows where all the profits are going. (which holes are getting filled)?
While I would be glad if all the shady consultancy firms that have wrecked the H1B program to be put out of business; there might be serious disruptions in the IT industry if hundreds of thousands of workers are going to be forced out; even if in a phased manner; i.e. letting folks stay till their current visas expire.
Consulting companies are just the tip of the ice burg. They should really target infy, wipro, TCS like companies. They are the one truly exploiting the sytem to the fullest. They do not sponsor GC, do not pay the good salary or any benefit to the employee. I also dont see the share holders are rewared. God knows where all the profits are going. (which holes are getting filled)?
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msp1976
02-13 02:50 PM
I don't think so. 7% limit has been there for a very long time. Unused visas from prior years for ac21 purposes were still subject to 7% in current year. The 7% rule was unchanged.
It seems that you think that the unused visas from prior year were not subject to 7%. There is nothing of the sort that allows this.
Refer to this text.....
http://www.fourmilab.ch/uscode/8usc/www/t8-12-II-I-1152.html#_a_
TITLE 8, CHAPTER 12, SUBCHAPTER II, Part I, Sec. 1152.
Look at paragraph a(5)
(5) Rules for employment-based immigrants
(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 1153(b) of this title 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.
(B) Limiting fall across for certain countries subject to
subsection (e) of this section
In the case of a foreign state or dependent area to which subsection (e) of this section applies, if the total number of visas issued under section 1153(b) of this title exceeds the maximum number of visas that may be made available to immigrants of the state or area under section 1153(b) of this title consistent with subsection (e) of this section (determined without regard to this paragraph), in applying subsection (e) of this section all visas shall be deemed to have been required for the classes of aliens specified in section 1153(b) of this title.
This is the section that allows for the 7% cap to be violated in case additional visas are available.................
This is the one many anti immigrant people tried to get removed again and again......
USCIS did not do anything wrong in 2005 nor in 2006.....By allocating additional visas to India/China USCIS did not do anything wrong...You can sue them ....USCIS has good grounds to defend their position.....You would not get anywhere...
It seems that you think that the unused visas from prior year were not subject to 7%. There is nothing of the sort that allows this.
Refer to this text.....
http://www.fourmilab.ch/uscode/8usc/www/t8-12-II-I-1152.html#_a_
TITLE 8, CHAPTER 12, SUBCHAPTER II, Part I, Sec. 1152.
Look at paragraph a(5)
(5) Rules for employment-based immigrants
(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 1153(b) of this title 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.
(B) Limiting fall across for certain countries subject to
subsection (e) of this section
In the case of a foreign state or dependent area to which subsection (e) of this section applies, if the total number of visas issued under section 1153(b) of this title exceeds the maximum number of visas that may be made available to immigrants of the state or area under section 1153(b) of this title consistent with subsection (e) of this section (determined without regard to this paragraph), in applying subsection (e) of this section all visas shall be deemed to have been required for the classes of aliens specified in section 1153(b) of this title.
This is the section that allows for the 7% cap to be violated in case additional visas are available.................
This is the one many anti immigrant people tried to get removed again and again......
USCIS did not do anything wrong in 2005 nor in 2006.....By allocating additional visas to India/China USCIS did not do anything wrong...You can sue them ....USCIS has good grounds to defend their position.....You would not get anywhere...
newtoearth
05-02 09:11 AM
...
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JA1HIND
02-13 05:01 PM
No one would learn to walk if their parents were afraid they would fall.
The young grad has more fire in him than a seasoned vetran. I think we need more fire in this case than just experience.
now are going to have a poll on this one too?? LOL!! :D
The young grad has more fire in him than a seasoned vetran. I think we need more fire in this case than just experience.
now are going to have a poll on this one too?? LOL!! :D
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gcpool
10-18 03:09 PM
Say even if you get the canadian PR, you have to pay tax's close to 45%.
Medical is free but unless you are really sick or anticipate being sick, I think its not much of value. And if you are in a decent comp in the US you get almost free care.
Also the job senario is not as good as its in the US. I heard its a lot more harder to get a job in Canada. Yes its true with PR you can work anywhere but how many of us will do that.
In fact one of my friend told me the cost of living is higher there.
I maybe naive and have limited knowledge about Canada, but from the above observations I think one will be disappointed to go to Canada from US.
Medical is free but unless you are really sick or anticipate being sick, I think its not much of value. And if you are in a decent comp in the US you get almost free care.
Also the job senario is not as good as its in the US. I heard its a lot more harder to get a job in Canada. Yes its true with PR you can work anywhere but how many of us will do that.
In fact one of my friend told me the cost of living is higher there.
I maybe naive and have limited knowledge about Canada, but from the above observations I think one will be disappointed to go to Canada from US.
BharatPremi
12-14 05:43 PM
Thanks soljabhai.
Please respond to this thread and let me know if you are interested in sharing the cost of a 1 hr consultation with a top constitutional attorney on this topic.
Thanks.
I am in.
Please respond to this thread and let me know if you are interested in sharing the cost of a 1 hr consultation with a top constitutional attorney on this topic.
Thanks.
I am in.
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breddy2000
07-26 04:41 PM
right point to note.
Also out of the 65K H1 visas that were available since 2003, most of the Visas were consumed by the Big Indian companies.
Remember when Congress sent letters to the Big Indian companies, there was data related to how many companies applied for how many Visas.
AFAIK it was in the range of 25k-35k per year combined by all these companies that filed H1s .
One thing to note is, they do not sponsor GCs for all the applicants.They do them very rarely for the people who are in their 5th to 6th year of H1.Could be in the range of Hundereds and not thousands comapred to the people count they have in US.
Also out of the 65K H1 visas that were available since 2003, most of the Visas were consumed by the Big Indian companies.
Remember when Congress sent letters to the Big Indian companies, there was data related to how many companies applied for how many Visas.
AFAIK it was in the range of 25k-35k per year combined by all these companies that filed H1s .
One thing to note is, they do not sponsor GCs for all the applicants.They do them very rarely for the people who are in their 5th to 6th year of H1.Could be in the range of Hundereds and not thousands comapred to the people count they have in US.
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suresh73
04-20 10:12 AM
I am working for Company A and company B wanted to provide me with pre-approved labor of EB2 category with priority date in July 2002. The Company B's pre-approved EB2 labor was for a Master degree with salary of 80K. I have only bachelor Degree but with more than 8 years of experience in IT. My I-140 has been approved with the present employer company A but it is EB3.
Is there any possibility to take advantage of the company B's pre-approved EB2 labor certificate considering more than 5 years of experience as a qualification though it requires a Master degree.
Thank you.
Is there any possibility to take advantage of the company B's pre-approved EB2 labor certificate considering more than 5 years of experience as a qualification though it requires a Master degree.
Thank you.
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pmpforgc
03-29 04:52 PM
I just look at this pool and surprised that Advani is running so hot in the pool. I am from Gujarat and I can tell that advani will be worst as PM. when given a Chance in BJP ministry he had worst performance as Home minister. I think he had not managed anything in his life and after his rise in BJP, BJP lost his charm.
I think some one with good management skill like MMohan, MODI, Chidambaram etc are lot more sutiabel than Advani.
Advani should retire from politics before even Bajpai. Even lalu will be better as PM than Advani looking to how advani managed Home Ministry and how Lalu Managed Railway.
I think some one with good management skill like MMohan, MODI, Chidambaram etc are lot more sutiabel than Advani.
Advani should retire from politics before even Bajpai. Even lalu will be better as PM than Advani looking to how advani managed Home Ministry and how Lalu Managed Railway.
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Abilash
08-25 08:03 AM
Hi,
I have an approved H1B petition, but was given 221(g) during consular interview due to lack of license to practice my proffession in US. They instructed me to submit the license within one year to stamp the H1B visa.
Now I am comming to US on a Visitors visa to write the licensing exam and to get licenced.
I am aware of the possibility of changing status from Visitors visa to H1B after getting licence without leaving US, since I already have an approved H1B.
But I came to know that USCIS will take around 90 days to approve status change from Visitors visa to H1B.
Kindly clarify whether I can start working for my H1B employer immediately after filing status change with USCIS, or do I need to wait till the approval, to start working.
Also do I need to include 221(g) I received after my H1B consulate interveiw for the status change application.
Thank you very much in advance...
I have an approved H1B petition, but was given 221(g) during consular interview due to lack of license to practice my proffession in US. They instructed me to submit the license within one year to stamp the H1B visa.
Now I am comming to US on a Visitors visa to write the licensing exam and to get licenced.
I am aware of the possibility of changing status from Visitors visa to H1B after getting licence without leaving US, since I already have an approved H1B.
But I came to know that USCIS will take around 90 days to approve status change from Visitors visa to H1B.
Kindly clarify whether I can start working for my H1B employer immediately after filing status change with USCIS, or do I need to wait till the approval, to start working.
Also do I need to include 221(g) I received after my H1B consulate interveiw for the status change application.
Thank you very much in advance...
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sanjay
03-27 12:01 PM
One idiot without giving him name in comments started abusing in Hindi language.
Dude when you have guts to put comments then put your name in it. So that I know who has issues with my comments to thread.
And just don't give red " just for the sake of giving it make you feel happy ".
Dude when you have guts to put comments then put your name in it. So that I know who has issues with my comments to thread.
And just don't give red " just for the sake of giving it make you feel happy ".
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Legal
07-22 02:12 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
suspect he is spreading rumor. not clear what his country of chargeability is, since he did not respond to this question.
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=1474093861&m=8351049171
suspect he is spreading rumor. not clear what his country of chargeability is, since he did not respond to this question.
more...
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poorslumdog
05-03 01:21 AM
in this thread... last 1o posts are about newtoearth...
people will take peosonally and call names when they can't argue with facts...
if you can talk on the issue lets discuss else (I know this is what you want when you know that you don't have any facts to support you...)
What is relationship to my ID and Attack on Indian Army by Eelam Guys, Real Stupid ...
... I have been so non popular only aravas browsing the thread...
Hey you know what..
There are many Indian Languages top of you in population in India or in rest of the world
Hindi
PANJABI
Bengali
Telugu
all of the above comminities are living all over the world.. But no one made any noise...
Now you think.. where the problem is .. Every body mingled with locals...
But if any one sees Singapore, Malasia, or SL. you know ...
Enough...
I am out of this disscussion if some one is talking it personally
What about Hindi guys are kicked out in asam and Mumbai. Malasiya, Singapore and SL have tamil population and thats why the noise is.
Basically you are a singala guy in this forum for long time and created this id to today to fight with tamils. Because no other indian guy will call tamil as arava...In fact we hear it for the first time and no one knows or cares what it means.
people will take peosonally and call names when they can't argue with facts...
if you can talk on the issue lets discuss else (I know this is what you want when you know that you don't have any facts to support you...)
What is relationship to my ID and Attack on Indian Army by Eelam Guys, Real Stupid ...
... I have been so non popular only aravas browsing the thread...
Hey you know what..
There are many Indian Languages top of you in population in India or in rest of the world
Hindi
PANJABI
Bengali
Telugu
all of the above comminities are living all over the world.. But no one made any noise...
Now you think.. where the problem is .. Every body mingled with locals...
But if any one sees Singapore, Malasia, or SL. you know ...
Enough...
I am out of this disscussion if some one is talking it personally
What about Hindi guys are kicked out in asam and Mumbai. Malasiya, Singapore and SL have tamil population and thats why the noise is.
Basically you are a singala guy in this forum for long time and created this id to today to fight with tamils. Because no other indian guy will call tamil as arava...In fact we hear it for the first time and no one knows or cares what it means.
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thakurrajiv
09-24 08:27 AM
Well, here�s some more stat : Base on GC allocation of FY 2008 (http://www.travel.state.gov/pdf/FY08-AR-TableV(Part2).pdf ),
EB1 India got 5,327 visas , EB2 India got 14,818 and EB3 India got 3,576 even though the quota was 2,803 for each preference.
As an example, I-485 pending for EB2 and EB3 India before 2006 are 17,835 and 46,334 respectively. Everything else being equal, you can take a guess how long it would take based how old the report was. Even if the report is from yesterday to be pessimistic and there are nuances, it gives some approximation unless the interpretation is totally wrong.
Thanks for posting this. Lets see how visa allocation worked for 2009. Based on 2008, things do not look as rosy. Only 14.8K visas in EB2-I. If perm speed improves then the spill overs will also reduce.
Surprising South Korea is not in oversubscribed countries. It received 7.2K EB2 visas.
I thought South Korea should have been retrogressed. Well when do we expect fairness from USCIS ? They seem to follow class system : ROW, china, other over-subscribed, India in this order !!
EB1 India got 5,327 visas , EB2 India got 14,818 and EB3 India got 3,576 even though the quota was 2,803 for each preference.
As an example, I-485 pending for EB2 and EB3 India before 2006 are 17,835 and 46,334 respectively. Everything else being equal, you can take a guess how long it would take based how old the report was. Even if the report is from yesterday to be pessimistic and there are nuances, it gives some approximation unless the interpretation is totally wrong.
Thanks for posting this. Lets see how visa allocation worked for 2009. Based on 2008, things do not look as rosy. Only 14.8K visas in EB2-I. If perm speed improves then the spill overs will also reduce.
Surprising South Korea is not in oversubscribed countries. It received 7.2K EB2 visas.
I thought South Korea should have been retrogressed. Well when do we expect fairness from USCIS ? They seem to follow class system : ROW, china, other over-subscribed, India in this order !!
more...
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Lasantha
12-14 04:20 PM
Well said !!!
I know what I am about to say will trigger a lot of reaction and some resentment, but it has to be said on behalf of those who are not Indian. I think the per country limit is to ensure that people of all nationalities and races have an equal opportunity to obtain a green card and to ensure that no one nationality, group, or even sector (i.e. IT) monopolizes the so few visas that are available. In fact, in the visa lottery, countries become excluded when the number of immigrants from them reach a certain point, so we are lucky they do not do that in the Employment-based system!
I think that by wanting to remove the per country limit so more Indians can avail of the green card quota is both asking for "special treatment" and a slap in the face for all the non-Indian IV members. The more I read the threads on this site, the more I feel that this organization is geared just to one ethnic group. I am sure that Indians probably make up the majority of members, but the founders of IV (I hope) did not want this organization to become one-sided! Please be considerate of ALL members and try to come up with suggestions that would benefit ALL members!!!:mad:
I know what I am about to say will trigger a lot of reaction and some resentment, but it has to be said on behalf of those who are not Indian. I think the per country limit is to ensure that people of all nationalities and races have an equal opportunity to obtain a green card and to ensure that no one nationality, group, or even sector (i.e. IT) monopolizes the so few visas that are available. In fact, in the visa lottery, countries become excluded when the number of immigrants from them reach a certain point, so we are lucky they do not do that in the Employment-based system!
I think that by wanting to remove the per country limit so more Indians can avail of the green card quota is both asking for "special treatment" and a slap in the face for all the non-Indian IV members. The more I read the threads on this site, the more I feel that this organization is geared just to one ethnic group. I am sure that Indians probably make up the majority of members, but the founders of IV (I hope) did not want this organization to become one-sided! Please be considerate of ALL members and try to come up with suggestions that would benefit ALL members!!!:mad:
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jelo
05-11 06:34 PM
I completely agree with you.
Few of the most trusted allies for India in the region are Tamils from Sri Lanka and Baluch people from Pakistan but this present UPA govt ditched both of them.
As a Tamil, I too carry the Indian passport with shame and can't wait to see the day when I become a US citizen.
US citizenship looks too far for you, sail to your beloved place and make sure you throw your passport on your way.
Few of the most trusted allies for India in the region are Tamils from Sri Lanka and Baluch people from Pakistan but this present UPA govt ditched both of them.
As a Tamil, I too carry the Indian passport with shame and can't wait to see the day when I become a US citizen.
US citizenship looks too far for you, sail to your beloved place and make sure you throw your passport on your way.
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vdlrao
07-21 02:26 PM
http://www.dhs.gov/xlibrary/assets/s...PR_FR_2007.pdf
Link for U.S Legal Permanent Residents from 2005 to 2007.
Link for U.S Legal Permanent Residents from 2005 to 2007.
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blueyonder
05-02 10:14 AM
1. This is not a political forum ... this discussion has to stop, so does the killing in SL.
2. There is so much hatred between SL Tamils and Singhalese ... pls see the videos on you tube, rediff etc and the comments ... it like a cyber warfare and the posts contain so much hatred between both sides. No wonder there is so much killing and disregard for human life in SL now.
3. People get confused between LTTE and Srilankan Tamils they think they are the same ... Srilankan tamils are facing humanitarian crisis and some people consider raising voice against this crisis is supporting LTTE.
4. SL may be a different country but the Tamils living in India have interest in them and their welfare. This has to be recognized by the Indian government if it values the interest of its people. (Its a dont care situation ... and the apathy is growing in Tamilnadu that they are alienated)
5. There is no expectation from any other Indian other than a Tamil Indian to have interest in this issue unless it was on a human grounds.
6. This cause belongs to Tamils and only Tamils can solve this issue, Indian government is a union of many states and languages and there is oneness of being an Indian if the issue is of interest to the rest of the union. Now it belongs to a <10% Minority (Tamils) so it stays as a Tamil issue. Rest of the Indians don't care if it is happening in SL or Uganda.
We have a oneness in this forum because we all are waiting for GC and nothing else holds us together. Lets stop this discussion now .... it doesnt take us anywhere.
2. There is so much hatred between SL Tamils and Singhalese ... pls see the videos on you tube, rediff etc and the comments ... it like a cyber warfare and the posts contain so much hatred between both sides. No wonder there is so much killing and disregard for human life in SL now.
3. People get confused between LTTE and Srilankan Tamils they think they are the same ... Srilankan tamils are facing humanitarian crisis and some people consider raising voice against this crisis is supporting LTTE.
4. SL may be a different country but the Tamils living in India have interest in them and their welfare. This has to be recognized by the Indian government if it values the interest of its people. (Its a dont care situation ... and the apathy is growing in Tamilnadu that they are alienated)
5. There is no expectation from any other Indian other than a Tamil Indian to have interest in this issue unless it was on a human grounds.
6. This cause belongs to Tamils and only Tamils can solve this issue, Indian government is a union of many states and languages and there is oneness of being an Indian if the issue is of interest to the rest of the union. Now it belongs to a <10% Minority (Tamils) so it stays as a Tamil issue. Rest of the Indians don't care if it is happening in SL or Uganda.
We have a oneness in this forum because we all are waiting for GC and nothing else holds us together. Lets stop this discussion now .... it doesnt take us anywhere.
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g1FTP
06-16 03:27 PM
I hope that you are more qualified than I am and I am not going to waste your time or my time contesting it. However, you could be a little more humble. I would also like to point out that your high qualifications may be failing you in your critical and deductive reasoning. Refer to the highlighted portion of your quote. If I may reason on an analogous note, you are saying that the current IIT JEE examination lets in a few people who aren't qualified. So by making the examination more tougher, it has more chances of letting in unqualified people. Needless to say, I am stumped.
I am waiting in the line as well for GC or to be sent back home and personally, I want everyone to get their GC and don't agree with dilipcr. Kind of off-topic but I made this observation:
IMHO simsachu's reasoning is sound.
Your example is not the same as simsachu's. simsachu assumes there are way more "bad" fish compared to the good one's in the population. Hence you need to catch more fish to come across a "good" one.
You assume the opposite (there are very few bad fish) and hence come to the conclusion that catching more fish would net you more bad fish (but way more "good" fish as well) as well. But given your assumption, it is puzzling why you want to have lesser number of GC's (if indeed that is what you are advocating, I haven't read all the messages in the thread) when you assume there are way more "good" candidates than bad.
I am waiting in the line as well for GC or to be sent back home and personally, I want everyone to get their GC and don't agree with dilipcr. Kind of off-topic but I made this observation:
IMHO simsachu's reasoning is sound.
Your example is not the same as simsachu's. simsachu assumes there are way more "bad" fish compared to the good one's in the population. Hence you need to catch more fish to come across a "good" one.
You assume the opposite (there are very few bad fish) and hence come to the conclusion that catching more fish would net you more bad fish (but way more "good" fish as well) as well. But given your assumption, it is puzzling why you want to have lesser number of GC's (if indeed that is what you are advocating, I haven't read all the messages in the thread) when you assume there are way more "good" candidates than bad.
racoon786
07-10 11:44 AM
I am planning on moving to Canada in the next 12 months since I already have PR there. I have no hopes for getting GC any time soon and wouldn't want to be toyed by the USCIS, DOS, Senators and all the anti-immigration lobbies out there.
longq
02-13 02:59 PM
I don't think so. 7% limit has been there for a very long time. Unused visas from prior years for ac21 purposes were still subject to 7% in current year. The 7% rule was unchanged.
It seems that you think that the unused visas from prior year were not subject to 7%. There is nothing of the sort that allows this.
I am not saying 7% is not applicable for recaptured numbers. EB3-ROW was current while EB3-IN,Ch retrogressed in 2005.
Again 7% is not a quota or minimum or maximum. It is a guiding tool to avoid monopoly (not to prevent) for fist two months in a quarter and gave the remaining number to third month. It is not meant for reservation.
As you said Bangaldeshies can not raise flag they as have not consumed 7% quota. Therefore one can not argue that Bangladesh-EB3 should be "current".
At the end, first-come first served should prevails.
It seems that you think that the unused visas from prior year were not subject to 7%. There is nothing of the sort that allows this.
I am not saying 7% is not applicable for recaptured numbers. EB3-ROW was current while EB3-IN,Ch retrogressed in 2005.
Again 7% is not a quota or minimum or maximum. It is a guiding tool to avoid monopoly (not to prevent) for fist two months in a quarter and gave the remaining number to third month. It is not meant for reservation.
As you said Bangaldeshies can not raise flag they as have not consumed 7% quota. Therefore one can not argue that Bangladesh-EB3 should be "current".
At the end, first-come first served should prevails.
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