sunty
12-01 12:19 PM
Just my 2 cents, but I think the quarterly spillover might not happen (Hope I am wrong) for various reasons...
1. If they do quarterly spillovers allocating the left over EB1 to other categories, then it is theoretically possible in the last quarter that, if there is a surge in EB1 applications, CIS might be left with not enough visa numbers for EB1 , and subsequently EB1 might not reach the 28% (or whatever this number) of total employment GCs. This situation will further compound the problem for CIS...Given the situation, this might not be practical, but theoretically possible...So CIS might be thinking, "why have the headache to deal every quarter when the numbers will be clear in the last quarter"
2. Since the spillover also includes Family based to EB, this even more complicates the above issue.
3. Well, administratively it is easy for CIS to issue the spillover visas once at the end of the year, rather than do 4 times a year at the end of each quarter. I guess less work with the same result...
So, in essence USCIS/DOS are allowed to bend the law since there workloads would increase and their systems are not sophisticated enough to implement this. I guess there is no point in raising this issue anymore...:(
1. If they do quarterly spillovers allocating the left over EB1 to other categories, then it is theoretically possible in the last quarter that, if there is a surge in EB1 applications, CIS might be left with not enough visa numbers for EB1 , and subsequently EB1 might not reach the 28% (or whatever this number) of total employment GCs. This situation will further compound the problem for CIS...Given the situation, this might not be practical, but theoretically possible...So CIS might be thinking, "why have the headache to deal every quarter when the numbers will be clear in the last quarter"
2. Since the spillover also includes Family based to EB, this even more complicates the above issue.
3. Well, administratively it is easy for CIS to issue the spillover visas once at the end of the year, rather than do 4 times a year at the end of each quarter. I guess less work with the same result...
So, in essence USCIS/DOS are allowed to bend the law since there workloads would increase and their systems are not sophisticated enough to implement this. I guess there is no point in raising this issue anymore...:(
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Libra
01-11 12:42 PM
please cast your vote
I sent the letter to the President and copy to IV on 01/08/2007.
I sent the letter to the President and copy to IV on 01/08/2007.
appas123
09-06 08:47 AM
Good luck to all, with wishes for a Happy Diwali and a prosperous New Year.
ramee,
Here is what we did for the birth certificate RFE couple of years ago
1 - copy of 10th standard mark sheet with birth date on it
2 - copy of 12th standard mark sheet with birth date on it
3 - affidavit from two relatives on notarized paper stressing the date of birth, the relationship with the person in question, whether they witnessed the birth or in the hospital etc.
The four things (two marksheets and two affidavits) worked well for us. Good luck.
ramee,
Here is what we did for the birth certificate RFE couple of years ago
1 - copy of 10th standard mark sheet with birth date on it
2 - copy of 12th standard mark sheet with birth date on it
3 - affidavit from two relatives on notarized paper stressing the date of birth, the relationship with the person in question, whether they witnessed the birth or in the hospital etc.
The four things (two marksheets and two affidavits) worked well for us. Good luck.
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stuckinmuck
05-15 11:41 AM
May 14, 2007
Mr. Nanden M. Nilekani
Chief Executive Officer
Infosys Technologies Limited
6607 Kaiser Drive
Fremont, California 94555
Dear Mr. Nilekani:
As members of the Senate Judiciary Committee Subcommittee on Immigration, Border Security and Refugees, we have a responsibility to oversee and evaluate our country's visa policies. We have been concerned about reported fraud and abuse of the H-1B and L visa programs, and their impact on American workers. We are also concerned that the program is not being used as Congress intended.
While some Members of Congress have focused on increasing the annual cap of the H-1B program, we believe it is important to understand how H-1B visas are being used by companies in the United States. We have received helpful data from the U.S. Citizenship and Immigration Service with regard to H-1B visa approvals in 2006 for the top 200 participating companies. Your company was one of the top companies on the list. Therefore, we are requesting your cooperation in providing additional statistics and information on your use of H-1B visa workers.
First, some groups, such as the Programmers Guild, have analyzed the wages paid to H-1B visa holders. They have found that the average annual salary of foreign workers is significantly lower than that of new U.S. graduates.
Second, a number of consulting firms reportedly recruit foreign workers and then outsource the individuals to other job sites or companies. Many of the top 20 companies that used H-1B visas in 2006 are firms, such as yours, that specialize in offshore outsourcing.
Third, a number of firms have allegedly laid off American workers while continuing to employ H-1B visa holders. The American people are concerned about such lay offs at a time when the demand for visa issuances and the recruitment of foreign workers appear to be increasing.
Because of these concerns, we seek your cooperation in answering the following questions:
NUMBERS
How many United States citizens do you employ in the United States?
Is your company an H-1B dependent employer?
How many visa petitions did you submit to the Citizenship and Immigration Service for Fiscal Year 2007?
Of the total number of petitions requested, how many have been approved for Fiscal Year 2007, if known?
How many H-1B visa holders is your company currently employing? What percentage of your total workforce are H-1B visa holders?
What is the average age of the H-1B visa holders that your company currently employs?
What is the average number of years of experience of your employed H-1B visa holders?
Please describe your efforts to recruit Americans for the positions for which you employ H-1B workers.
WAGES
What is the average wage of your company's H-1B visa holders? What is the median wage? What is the highest and the lowest salaries for those H-1B visa holders currently employed by your company?
What is the average wage of your company's workers who are United States citizens in the same occupations?
OUTSOURCING
Of the 4,908 visas your company received in 2006, how many of those workers are currently employed and paid by Infosys Technologies Limited?
Of the 4,908 visas your company received in 2006, how many were outsourced to other companies and how many employees' salaries were paid for by a firm other than Infosys Technologies Limited?
LAY OFFS
Has your company experienced any layoffs in the United States in the past year? Any lay offs in 2005? If so, how many people lost their jobs?
If your company has laid off workers in the United States, what job positions were part of that lay off?
If your company has laid off workers in the United States, how many of those workers were H-1B visa holders?
If your company has laid off workers in the United States, did any H-1B visa holders replace those dislocated workers, or take over any of the laid off employee's job responsibilities?
We appreciate your cooperation, and respectfully request that you respond to our questions no later than May 29, 2007.
Sincerely,
Charles E. Grassley
United States Senator
Richard J. Durbin
United States Senator
Mr. Nanden M. Nilekani
Chief Executive Officer
Infosys Technologies Limited
6607 Kaiser Drive
Fremont, California 94555
Dear Mr. Nilekani:
As members of the Senate Judiciary Committee Subcommittee on Immigration, Border Security and Refugees, we have a responsibility to oversee and evaluate our country's visa policies. We have been concerned about reported fraud and abuse of the H-1B and L visa programs, and their impact on American workers. We are also concerned that the program is not being used as Congress intended.
While some Members of Congress have focused on increasing the annual cap of the H-1B program, we believe it is important to understand how H-1B visas are being used by companies in the United States. We have received helpful data from the U.S. Citizenship and Immigration Service with regard to H-1B visa approvals in 2006 for the top 200 participating companies. Your company was one of the top companies on the list. Therefore, we are requesting your cooperation in providing additional statistics and information on your use of H-1B visa workers.
First, some groups, such as the Programmers Guild, have analyzed the wages paid to H-1B visa holders. They have found that the average annual salary of foreign workers is significantly lower than that of new U.S. graduates.
Second, a number of consulting firms reportedly recruit foreign workers and then outsource the individuals to other job sites or companies. Many of the top 20 companies that used H-1B visas in 2006 are firms, such as yours, that specialize in offshore outsourcing.
Third, a number of firms have allegedly laid off American workers while continuing to employ H-1B visa holders. The American people are concerned about such lay offs at a time when the demand for visa issuances and the recruitment of foreign workers appear to be increasing.
Because of these concerns, we seek your cooperation in answering the following questions:
NUMBERS
How many United States citizens do you employ in the United States?
Is your company an H-1B dependent employer?
How many visa petitions did you submit to the Citizenship and Immigration Service for Fiscal Year 2007?
Of the total number of petitions requested, how many have been approved for Fiscal Year 2007, if known?
How many H-1B visa holders is your company currently employing? What percentage of your total workforce are H-1B visa holders?
What is the average age of the H-1B visa holders that your company currently employs?
What is the average number of years of experience of your employed H-1B visa holders?
Please describe your efforts to recruit Americans for the positions for which you employ H-1B workers.
WAGES
What is the average wage of your company's H-1B visa holders? What is the median wage? What is the highest and the lowest salaries for those H-1B visa holders currently employed by your company?
What is the average wage of your company's workers who are United States citizens in the same occupations?
OUTSOURCING
Of the 4,908 visas your company received in 2006, how many of those workers are currently employed and paid by Infosys Technologies Limited?
Of the 4,908 visas your company received in 2006, how many were outsourced to other companies and how many employees' salaries were paid for by a firm other than Infosys Technologies Limited?
LAY OFFS
Has your company experienced any layoffs in the United States in the past year? Any lay offs in 2005? If so, how many people lost their jobs?
If your company has laid off workers in the United States, what job positions were part of that lay off?
If your company has laid off workers in the United States, how many of those workers were H-1B visa holders?
If your company has laid off workers in the United States, did any H-1B visa holders replace those dislocated workers, or take over any of the laid off employee's job responsibilities?
We appreciate your cooperation, and respectfully request that you respond to our questions no later than May 29, 2007.
Sincerely,
Charles E. Grassley
United States Senator
Richard J. Durbin
United States Senator
more...
vghc
07-25 01:34 PM
Probably he wants to quit his employer, move on to a better paying job and do all that you have asked him to do :)
Couldn't be that bad, he still have time to post something here. :D
Couldn't be that bad, he still have time to post something here. :D
x1050us
07-19 10:21 AM
This is what you can do - Both in Mumbai and in Delhi, you have USCIS approved doctors who help people going through CP. In other words those who choose to go through emp based CP or family based Green Card which US embassy issues, go through Indian hospitals in Mumbai and Delhi. I think Gangaram in Mumbai has this facility. Ask your wife to get it done from there. Do not wait till the last moment, as someone pointed out, a slight delay in flight could............
Are you sure about this ? My understanding is, they don't recognize those doctors here and I remember seeing such note some where in the consulate website.
Are you sure about this ? My understanding is, they don't recognize those doctors here and I remember seeing such note some where in the consulate website.
more...
obviously
07-10 11:29 AM
Folks, I have in the past written to Lou Dobbs directly expressing concerns with his vitriolic outbursts against Indians. He responded at length claiming the he has no disrespect or disregard for India, just that he cares about his country so much that relatively it might make the other country look worse off!
Here is what I would suggest: write to Lou and CNN producers exposing
how Lou's views:
- Are racially insensitive, slanderous to an entire community; with the risk of flaming hate crime (which is criminal offence)
- How they ignore the basic economic reality of high skilled labor's contribution and competitive advantage to the US economy and corporations
- How they ignore the basic legal reality that high skilled labor on H1B visas pay taxes, social security and medicare that goes back to the US economy
- How they tarnish the reputation of hardworking ambituous workers that are truly the only remaining link to the USA's hoary tradition of sweat equity with the hope of achieving the Great American Dream.
Basically, we need to point out that he is insulting his own country's grand traditions of democratic, legal and meritrocratic traditions by taking potshots at a defenseless community of white collar workers that are strengthening the social, economic and cultural fabric of this nation.
Of factual inaccuracy is his hallmark and his tradition. Let us counter that by reframing the context of the overall dialog so that the world see how shallow Lou Dobbs really is.
Here is what I would suggest: write to Lou and CNN producers exposing
how Lou's views:
- Are racially insensitive, slanderous to an entire community; with the risk of flaming hate crime (which is criminal offence)
- How they ignore the basic economic reality of high skilled labor's contribution and competitive advantage to the US economy and corporations
- How they ignore the basic legal reality that high skilled labor on H1B visas pay taxes, social security and medicare that goes back to the US economy
- How they tarnish the reputation of hardworking ambituous workers that are truly the only remaining link to the USA's hoary tradition of sweat equity with the hope of achieving the Great American Dream.
Basically, we need to point out that he is insulting his own country's grand traditions of democratic, legal and meritrocratic traditions by taking potshots at a defenseless community of white collar workers that are strengthening the social, economic and cultural fabric of this nation.
Of factual inaccuracy is his hallmark and his tradition. Let us counter that by reframing the context of the overall dialog so that the world see how shallow Lou Dobbs really is.
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OLDMONK
06-27 03:21 PM
using a flash is ok, just be careful if you wear glasses (you might need some retakes before you get it right). and turn on red eye removal. 3.2 mp for the size (2x2) of picture is good enough.. Even 1 mp is good enough if you are zooming in to take pictures. but if you are cropping a 1 mp picture to take out surroundings, its better to use 2mp plus camera.
When using a flash you get harsher shadows, to counter that have light source both from left right and top and do the picture in daytime with atleast some natural light. Remember stand atleast 2 feet away from the white background.
Flash results specially in home environment without proper lighting won't be good at nighttime unless you use multiple synchronised flash guns.
I guess the other persons remark regarding flash may be related to lighting / over exposures/ shadows. (make sure you wipe your face if you have oily skin - no kidding )
In the end if you really want to make your pictures look good and per specifications go to a portrait studio.
When using a flash you get harsher shadows, to counter that have light source both from left right and top and do the picture in daytime with atleast some natural light. Remember stand atleast 2 feet away from the white background.
Flash results specially in home environment without proper lighting won't be good at nighttime unless you use multiple synchronised flash guns.
I guess the other persons remark regarding flash may be related to lighting / over exposures/ shadows. (make sure you wipe your face if you have oily skin - no kidding )
In the end if you really want to make your pictures look good and per specifications go to a portrait studio.
more...
NNReddy
09-20 03:16 PM
ANYONE else in this queue.
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pointlesswait
02-12 09:31 AM
i know a friend whose wife was in the same boat..
get an attorney and explain ...ur case..
what my friend was told...if you have given proper notice to quit...your employer has no legal standpoint to harras you.
dont worry abt that desi employer..that bum is in bigger soup than you are...the law that requires all employers to provide W2 before jan 31..no matter what..check with IRS if you want....he is toast! .;-)
take it easy.. you will be all right!
get an attorney and explain ...ur case..
what my friend was told...if you have given proper notice to quit...your employer has no legal standpoint to harras you.
dont worry abt that desi employer..that bum is in bigger soup than you are...the law that requires all employers to provide W2 before jan 31..no matter what..check with IRS if you want....he is toast! .;-)
take it easy.. you will be all right!
more...
tonyHK12
11-14 11:58 AM
This is their projection for coming months:
---------------------------------------------------
Employment-based: At this time it is unlikely that there will be any cut-off dates in the Employment First preference during the coming months. It also appears unlikely that it will be necessary to establish a cut-off date other than those already in effect for the Second preference category. Cut-off dates continue to apply to the China and India Second preference categories due to heavy demand.
Based on current indications of demand, the best case scenarios for cut-off date movement each month during the coming months are as follows:
Employment Second:
China: none to two weeks
India: no movement
Employment Third:
Worldwide: three to six weeks
China: one to three weeks
India: none to two weeks
Mexico: although continued forward movement is expected, no specific projections are possible at this time.
Philippines: three to six weeks
Deja Vu!!!
---------------------------------------------------
Employment-based: At this time it is unlikely that there will be any cut-off dates in the Employment First preference during the coming months. It also appears unlikely that it will be necessary to establish a cut-off date other than those already in effect for the Second preference category. Cut-off dates continue to apply to the China and India Second preference categories due to heavy demand.
Based on current indications of demand, the best case scenarios for cut-off date movement each month during the coming months are as follows:
Employment Second:
China: none to two weeks
India: no movement
Employment Third:
Worldwide: three to six weeks
China: one to three weeks
India: none to two weeks
Mexico: although continued forward movement is expected, no specific projections are possible at this time.
Philippines: three to six weeks
Deja Vu!!!
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jxm0020
01-28 02:06 PM
Letter sent to President
more...
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bigboy007
11-02 10:22 PM
Atleast for me there is no hope for CIR, Peicemeal seems a best option, recently there was a WSJ report that President had agreed for piecemeal if CIR doesnt pass... but we need to be very very watchful...
after Healthcare experience there is little chance any big legislation will pass in this country we need people who care about country and would like to work with other end both sides seems either too liberal or conservative which is only good in winning elections...
after Healthcare experience there is little chance any big legislation will pass in this country we need people who care about country and would like to work with other end both sides seems either too liberal or conservative which is only good in winning elections...
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immigrant-in-law
01-25 09:55 AM
All shops that hire OPTs and market them at ridiculously low rates with faked resumes must also be brought to justice.
more...
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smaram1
07-26 11:42 PM
EAD/AP E-filed on July 1 2008.
Sent docs 7/4/2008
Received receipts on 7/4/2008
Waiting for FP notice.
Sent docs 7/4/2008
Received receipts on 7/4/2008
Waiting for FP notice.
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drsnh123
06-19 10:50 PM
I am a physician MD currently doing IM residency on H1B. i have a job to start from oct 2007. since PDS for india are now current, i would like to know if my employer can file PERM for a prospective employee now in june. my univerdity lawyer is not clear or rather not willing to file.
thanks for your opinions
Reply With Quote
thanks for your opinions
Reply With Quote
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sanbaj
07-23 10:09 AM
Congratulations!! Enjoy ur GC!!
Did you do anything to expedite interfiling to use new I-140 for your pending I-485?
THANKS Indyanguy and Pscdk !!
For expediting Interfiling, nothing in specific. I called USCIS 3-4 times and did one infopass visit. Everytime, the answer was same, "No Information". Few times it was difficult to explain to them what interfiling is. Then, I learnt to say "PD Amendment" (My lawyer used that term) with the two separate approved I140s. I called USCIS last Friday (Jul/18/2008), and they told me to wait 4-5 MONTHS. You can see how much off they are and IIO and IO work for the same USCIS. It is Ludicrous.
Best of Luck to you guys. Hope your GC is approved soon.
Did you do anything to expedite interfiling to use new I-140 for your pending I-485?
THANKS Indyanguy and Pscdk !!
For expediting Interfiling, nothing in specific. I called USCIS 3-4 times and did one infopass visit. Everytime, the answer was same, "No Information". Few times it was difficult to explain to them what interfiling is. Then, I learnt to say "PD Amendment" (My lawyer used that term) with the two separate approved I140s. I called USCIS last Friday (Jul/18/2008), and they told me to wait 4-5 MONTHS. You can see how much off they are and IIO and IO work for the same USCIS. It is Ludicrous.
Best of Luck to you guys. Hope your GC is approved soon.
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shana04
02-12 04:44 PM
I TRansfered my H1 B Visa first time in the August 2006 from Company A (GC Sponsering Company) to Company B.
Everything went good.
Last year in March i did transfered my H 1 B to Compnay C from Compnay B
and i July last year i applied for my I 485, and got my EAD in Sep 2007.
Now the total 180 days have been passed am i eligible for AC21 and if yes then what are the formalities to get AC21.
Also Compnay A has told me earlier that they will revoke my I 140 but i do not have any means to know wether they did revoke or not, how do i know if they revoked my I 140 is there any way to find this out.
Your Help Will be a big Help for me
As you said I 485 filed + 180 days. So you are out of danger.
1. You can check if your I 140 was revoked using your LIN number for I 140 if you have one
2. To safely use AC21, find out your job title, job description and salary mentioned while filing your I 485
3. Your I 140 should be approved
4. then you can use AC21 with H1B transfer or with your EAD. I would advice to use AC21
5. your sponsoring H1B employer should mention the same job title and job duties as it is mentioned in EVL (employment letter) while filing your 485
6. If you have hired an attorney he would then send a AC21 letter(just a formal letter) with your new offer letter, with your 485 receipt number and 140 number (if you have).
That should take care about your AC21.
Good luck.
Everything went good.
Last year in March i did transfered my H 1 B to Compnay C from Compnay B
and i July last year i applied for my I 485, and got my EAD in Sep 2007.
Now the total 180 days have been passed am i eligible for AC21 and if yes then what are the formalities to get AC21.
Also Compnay A has told me earlier that they will revoke my I 140 but i do not have any means to know wether they did revoke or not, how do i know if they revoked my I 140 is there any way to find this out.
Your Help Will be a big Help for me
As you said I 485 filed + 180 days. So you are out of danger.
1. You can check if your I 140 was revoked using your LIN number for I 140 if you have one
2. To safely use AC21, find out your job title, job description and salary mentioned while filing your I 485
3. Your I 140 should be approved
4. then you can use AC21 with H1B transfer or with your EAD. I would advice to use AC21
5. your sponsoring H1B employer should mention the same job title and job duties as it is mentioned in EVL (employment letter) while filing your 485
6. If you have hired an attorney he would then send a AC21 letter(just a formal letter) with your new offer letter, with your 485 receipt number and 140 number (if you have).
That should take care about your AC21.
Good luck.
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walking_dude
12-05 06:18 PM
Providing ability to file AOS (485) without priority dates being current is part of the IV agenda. Nobody is ignoring the plight of those who have been left behind. IV is still working for your cause.
Have patience. There's a funding drive for Recapturing going on right now. It will help you (and others) to file 485. If unused visa numbers are captured dates will become current again, and you can apply for AOS. Given that PDs will jump forward by years in every category you have a good chance of getting GC in a short period of time.
Does any body think of people who did not get a chance to file I-485 who had earlier priority date(2002-mar 2005) ?
Have patience. There's a funding drive for Recapturing going on right now. It will help you (and others) to file 485. If unused visa numbers are captured dates will become current again, and you can apply for AOS. Given that PDs will jump forward by years in every category you have a good chance of getting GC in a short period of time.
Does any body think of people who did not get a chance to file I-485 who had earlier priority date(2002-mar 2005) ?
imm_pro
06-13 01:45 AM
Man..great find...nice article..from probably the most reliable organization which no one can dare contardict.
yagw
08-20 02:26 PM
Expedite request approved yesterday. Hopeful.....
how did you expedite?
how did you expedite?
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