saimrathi
07-03 06:58 PM
On 7/3/07, Senator_Clinton@clinton.senate.gov <Senator_Clinton@clinton.senate.gov> wrote:
Dear Friend:
Thank you for taking the time to share your thoughts and concerns with me
via e-mail. I hope you will understand that, because of the volume of
e-mails I receive from residents of New York State, I cannot at this time
respond to messages received from residents of other states. I encourage
you to contact your U.S. senators if you have an issue or concern that
needs immediate attention. You can access your senators electronically by
visiting http://www.senate.gov/contacting/index_by_state.cfm for a listing
of their contact information. If you are still interested in learning
more about the work I am doing on behalf of New York State, I hope you
will continue to monitor my work through my website at
http://clinton.senate.gov.
Sincerely,
Senator Hillary Rodham Clinton
New York State
Dear Friend:
Thank you for taking the time to share your thoughts and concerns with me
via e-mail. I hope you will understand that, because of the volume of
e-mails I receive from residents of New York State, I cannot at this time
respond to messages received from residents of other states. I encourage
you to contact your U.S. senators if you have an issue or concern that
needs immediate attention. You can access your senators electronically by
visiting http://www.senate.gov/contacting/index_by_state.cfm for a listing
of their contact information. If you are still interested in learning
more about the work I am doing on behalf of New York State, I hope you
will continue to monitor my work through my website at
http://clinton.senate.gov.
Sincerely,
Senator Hillary Rodham Clinton
New York State
wallpaper mixtape classic with Jay-Z
rkm
04-28 09:36 PM
Good News ...
04/28/2007: Labor Certification Substitution Elimination Final Rule Approved by OMB 04/27/2007
The OMB approved this final rule. As soon as this rule is released, all those certified labor certification cases which have yet to be filed for substitution I-140 will be no good for substitution.
04/28/2007: Labor Certification Substitution Elimination Final Rule Approved by OMB 04/27/2007
The OMB approved this final rule. As soon as this rule is released, all those certified labor certification cases which have yet to be filed for substitution I-140 will be no good for substitution.
Macaca
06-28 09:01 AM
From page 35 of Citizenship and Immigration Services Ombudsman Annual Report to Congress June 2007 (http://www.dhs.gov/xlibrary/assets/CISOMB_Annual%20Report_2007.pdf).
There will be severe consequences from rapid fluctuations in priority dates.
If the priority date became current today, due to delayed USCIS processing and thus underutilization of visa numbers, some have predicted that within a few months as many as 500,000 to 750,000 individuals now residing in the United States under a temporary worker visa could apply for a green card.
Additionally, DOL’s recent backlog elimination efforts, scheduled to be completed by September 30, 2007, are predicted to add 70,000 or more approved labor certifications yielding as many as 170,000 additional green card applications.
As USCIS begins to complete these applications and request visa numbers from DOS, the 140,000 statutorily authorized visa numbers will be used. DOS then will be required to retrogress priority dates. Consequently, most applicants in this scenario will find themselves trapped where as they anticipated timely receipt of a green card, their wait exceeds seven or more years. In addition, all future employment-based green card applicants effectively would be barred from applying for many years.
There will be severe consequences from rapid fluctuations in priority dates.
If the priority date became current today, due to delayed USCIS processing and thus underutilization of visa numbers, some have predicted that within a few months as many as 500,000 to 750,000 individuals now residing in the United States under a temporary worker visa could apply for a green card.
Additionally, DOL’s recent backlog elimination efforts, scheduled to be completed by September 30, 2007, are predicted to add 70,000 or more approved labor certifications yielding as many as 170,000 additional green card applications.
As USCIS begins to complete these applications and request visa numbers from DOS, the 140,000 statutorily authorized visa numbers will be used. DOS then will be required to retrogress priority dates. Consequently, most applicants in this scenario will find themselves trapped where as they anticipated timely receipt of a green card, their wait exceeds seven or more years. In addition, all future employment-based green card applicants effectively would be barred from applying for many years.
2011 Check out a preview of Jay-Z#39;s
a.j.2048
12-13 10:39 PM
The anti's would be all over us as soon as we filed in federal district court probably even before a hearing, and definitely after a hearing.
Not necessarily. The antis are mad because the country quotas are effectively limiting European immigration. Read how this fellow rails against the country quotas in his book: http://www.vdare.com/alien_nation/
Not necessarily. The antis are mad because the country quotas are effectively limiting European immigration. Read how this fellow rails against the country quotas in his book: http://www.vdare.com/alien_nation/
more...
poorslumdog
09-04 12:12 PM
Guys,
Here is the list of people who recently died in my village. Let us all pray for their soul to rest in peace. Please understand that when we can pray for YSR..we can do for these people also. Every life has the same value...dont you agree..
1. Rasu Devan
2. Kenkai ammal
3. Gandhi mathi (lady only).
Please all do pray for the poor souls. From today onwords I will post all the dead people list in IV and let us all pray for them. Thanks for your support and prayer. Please let your freinds and family know about this and ask them to join in our prayer. Once again thanks guys.
You are more than welcome to give red dots.
Here is the list of people who recently died in my village. Let us all pray for their soul to rest in peace. Please understand that when we can pray for YSR..we can do for these people also. Every life has the same value...dont you agree..
1. Rasu Devan
2. Kenkai ammal
3. Gandhi mathi (lady only).
Please all do pray for the poor souls. From today onwords I will post all the dead people list in IV and let us all pray for them. Thanks for your support and prayer. Please let your freinds and family know about this and ask them to join in our prayer. Once again thanks guys.
You are more than welcome to give red dots.
test101
07-10 11:31 AM
I started the process myself. I got a job offer in one of Vancouve hospitals. I'll be there in 2 months. never the less i was hoping that i'll stay next to my family in the US :)
more...
pappu
06-15 12:35 PM
I believe in luck in the GC process. Before 2005 PERM process, many folks applied in states where Labor was fast. They were able to get greencards within a couple of years while others were stuck in Labor Backlog centers (http://immigrationvoice.org/index.php?option=com_content&task=view&id=67&Itemid=50). Some cleared all hurdles and got stuck in namechecks for years. Until 2007 Namecheck was a big scare. (http://immigrationvoice.org/index.php?option=com_content&task=view&id=81&Itemid=61)
Many people could not file in July 07 for various reasons. Some people were born in India but were brought up in other country. Even they are stuck. Some people decided to rise in their careers and changed jobs on H1. While they did rise, but lost in the grreencard PD race.
So definitely luck pays its role.
Many people could not file in July 07 for various reasons. Some people were born in India but were brought up in other country. Even they are stuck. Some people decided to rise in their careers and changed jobs on H1. While they did rise, but lost in the grreencard PD race.
So definitely luck pays its role.
2010 Jay-Z graces the cover of the
hazishak
02-15 10:52 PM
America is about freedom and liberty and is a law abiding country. Country caps is discrimination with people of two countries which have almost half of the population in the world. I am not saying increase visas for India or China. I am only saying increase the total number of visas and then make the system FIFO so that every skilled person in this world have same access to immigration.
There is rules in every where in our daily life isn't there? You cant not sucide even if you want to.
There is rules in every where in our daily life isn't there? You cant not sucide even if you want to.
more...
PlainSpeak
01-13 01:18 PM
Few questions for the self proclaimed expert analyst who started this thread -
1) How many lawmakers have you met to represent these provisions you claim to be so passionate about?
2) Have you visited capitol hill and tried to understand what the congress thinks about EB legislation? I did - during the IV advocacy event last year with hundreds of eb2 and eb3 members.
3) How many members here have you actually worked worked with? Because the people I know here who actually do the grass root work with me (both eb2 and eb3) do not care about theb category they belong to.
I know you do not have any real responses...only abuses which you responded with on the other thread.
Its funny how plainspeak is the one usually doling out the abuses but claims to be the victim.
Ahhh my friend forever_waiting, how are you. It is good to see your reply to the post. Will be do this the civilized way or the old way??
In direct response to your post
First i am not a expert nor an analyst musch less a self proclaimed expert analyst. Take that as a given and we can procced further
1) How many lawmakers have you met to represent these provisions you claim to be so passionate about?
None because i do not believe in supporting, representing or furthering the agenda of an organization which has loop holes in it and is determental to my case
2) Have you visited capitol hill and tried to understand what the congress thinks about EB legislation?
I did - during the IV advocacy event last year with hundreds of eb2 and eb3 members.
No i have not. Why do i need to visit capitol hill and view in person what congress thinks about EB legislation when i can do the same by watching CSPAN(I am a regular watcher expecially when there is something immigrant related going on. All a process of expanding my knowlesge of immigration or do you think i got up yesterday morning and decided that i want to fight with IV. If you did then i am sorry i gave you more credit then that. And please do not start a new thread about how lazy i am and how i want others to work for me and how i just want the benefit without effort. That would be old and stale. If there is something to be done in which i believe i will be the first to jump in and volunteer
3) How many members here have you actually worked worked with? Because the people I know here who actually do the grass root work with me (both eb2 and eb3) do not care about theb category they belong to.
YES and i never said you are not fair. I know EB2 and EB23 owkr toghether in IV. My efforts of meeting people have been made outside the scope of what you and others do. I am being modest when i say this but i was the first person in my company to make generate awareness about what IV did and how it is helping immigrants like us and encouraged them to visit the website and read about what IV is all about. This is about 75 to 100 indains (EB2 and EB3) in an organization of size 500 during teh time period 2006 to 2007. Now most of them were EB2 so they got their green card and i am sure are no longer on the IV forum anymore. I am sure those who are still on IV forum are EB3 like me. How much they parrticipate, it is hard to tell. Maybe they were smarter than me and got dissalusioned with IV way before i did. They might be porting or they might not be for all i know
Besides that i am pretty much regular on Murthy where i have provided advise or tried to help people with information whne i could (O f course all of this was H1B/ Visit Visa stuff). Even today on IV forum i am trying my level best to help peopl ewith information related to AOS/EAD/140/485 etc
I am sorry because what i did till now is nowhere near what you and other IV volunteers are doing but i do what i can when i can.
My friend forever_waiting, I hope i answered everything to your satisfaction
As to the below
I know you do not have any real responses...only abuses which you responded with on the other thread. Its funny how plainspeak is the one usually doling out the abuses but claims to be the victim. I am sorry i am done trying to explain it to you all over again. May god grant you wisdom
1) How many lawmakers have you met to represent these provisions you claim to be so passionate about?
2) Have you visited capitol hill and tried to understand what the congress thinks about EB legislation? I did - during the IV advocacy event last year with hundreds of eb2 and eb3 members.
3) How many members here have you actually worked worked with? Because the people I know here who actually do the grass root work with me (both eb2 and eb3) do not care about theb category they belong to.
I know you do not have any real responses...only abuses which you responded with on the other thread.
Its funny how plainspeak is the one usually doling out the abuses but claims to be the victim.
Ahhh my friend forever_waiting, how are you. It is good to see your reply to the post. Will be do this the civilized way or the old way??
In direct response to your post
First i am not a expert nor an analyst musch less a self proclaimed expert analyst. Take that as a given and we can procced further
1) How many lawmakers have you met to represent these provisions you claim to be so passionate about?
None because i do not believe in supporting, representing or furthering the agenda of an organization which has loop holes in it and is determental to my case
2) Have you visited capitol hill and tried to understand what the congress thinks about EB legislation?
I did - during the IV advocacy event last year with hundreds of eb2 and eb3 members.
No i have not. Why do i need to visit capitol hill and view in person what congress thinks about EB legislation when i can do the same by watching CSPAN(I am a regular watcher expecially when there is something immigrant related going on. All a process of expanding my knowlesge of immigration or do you think i got up yesterday morning and decided that i want to fight with IV. If you did then i am sorry i gave you more credit then that. And please do not start a new thread about how lazy i am and how i want others to work for me and how i just want the benefit without effort. That would be old and stale. If there is something to be done in which i believe i will be the first to jump in and volunteer
3) How many members here have you actually worked worked with? Because the people I know here who actually do the grass root work with me (both eb2 and eb3) do not care about theb category they belong to.
YES and i never said you are not fair. I know EB2 and EB23 owkr toghether in IV. My efforts of meeting people have been made outside the scope of what you and others do. I am being modest when i say this but i was the first person in my company to make generate awareness about what IV did and how it is helping immigrants like us and encouraged them to visit the website and read about what IV is all about. This is about 75 to 100 indains (EB2 and EB3) in an organization of size 500 during teh time period 2006 to 2007. Now most of them were EB2 so they got their green card and i am sure are no longer on the IV forum anymore. I am sure those who are still on IV forum are EB3 like me. How much they parrticipate, it is hard to tell. Maybe they were smarter than me and got dissalusioned with IV way before i did. They might be porting or they might not be for all i know
Besides that i am pretty much regular on Murthy where i have provided advise or tried to help people with information whne i could (O f course all of this was H1B/ Visit Visa stuff). Even today on IV forum i am trying my level best to help peopl ewith information related to AOS/EAD/140/485 etc
I am sorry because what i did till now is nowhere near what you and other IV volunteers are doing but i do what i can when i can.
My friend forever_waiting, I hope i answered everything to your satisfaction
As to the below
I know you do not have any real responses...only abuses which you responded with on the other thread. Its funny how plainspeak is the one usually doling out the abuses but claims to be the victim. I am sorry i am done trying to explain it to you all over again. May god grant you wisdom
hair Jay-z covers and is featured
sidbee
06-01 03:03 PM
what lawsuit :confused:
whom are we going to sue? USCIS for following what the congress has laid out....
i guess what you mean maybe is sue the congress.....:D
Buddy , people do win lawsuits , against the governments.
I am not saying sue them , and get greencards .
Lawsuit, may be possible againstcountry quota.
Lawsuit, may be possible to recapture the wasted immigrant visas. The Law states the limit , for a year. It doesnt say that it expires on the last day of the year.If USCIS couldnt use that in a year , it should use it the next year.
Paying medicare/ss taxes, and not getting them, is also wrong, These are not Income Taxes, we are paying for some services, which we would never get.(Just like unemployment insurance)
whom are we going to sue? USCIS for following what the congress has laid out....
i guess what you mean maybe is sue the congress.....:D
Buddy , people do win lawsuits , against the governments.
I am not saying sue them , and get greencards .
Lawsuit, may be possible againstcountry quota.
Lawsuit, may be possible to recapture the wasted immigrant visas. The Law states the limit , for a year. It doesnt say that it expires on the last day of the year.If USCIS couldnt use that in a year , it should use it the next year.
Paying medicare/ss taxes, and not getting them, is also wrong, These are not Income Taxes, we are paying for some services, which we would never get.(Just like unemployment insurance)
more...
kalyan
12-13 10:56 AM
If per Country Laws are removed in issuing Green Cards, then 90% of the employment based Visa's will be given to Indians and that too in the IT Sector.
Mostly the country will be Indians, chinese, mexicans . The Law makers don't want to colonize America.
There is a lot of stress that was done in making that decision
You can challenge this but i would say, you will never win it.
You can challenge the State but cannot win it.
Mostly the country will be Indians, chinese, mexicans . The Law makers don't want to colonize America.
There is a lot of stress that was done in making that decision
You can challenge this but i would say, you will never win it.
You can challenge the State but cannot win it.
hot husband Jay-Z#39;s nerve:
_TrueFacts
09-04 12:49 PM
Just one quick question�?
If you get a chance as politician, Can you say you will not do any corruption? If some try to kill you, if you have power, will you be remain silent �?
Facts:
Hope you got the point here.
Sreedhar,
I agree with your comments.
In India, politics have been used to amass money, wealth and YSR has used his position for killings, land grabbing, scams etc.,
Make money the right way, no one stops any one. Where is the end to corrupt means? Yesterday YSR, today his Son. The biggest problem today India is facing is, people involved in policy making deeply submerged in corruption.
There should not be an excuse on comparison. If today we don�t condemn, tomorrow we will be affected. And being here we have to set an example to other people out there in India, living and working in USA is an experience that can�t be valued on paper.
If you get a chance as politician, Can you say you will not do any corruption? If some try to kill you, if you have power, will you be remain silent �?
Facts:
Hope you got the point here.
Sreedhar,
I agree with your comments.
In India, politics have been used to amass money, wealth and YSR has used his position for killings, land grabbing, scams etc.,
Make money the right way, no one stops any one. Where is the end to corrupt means? Yesterday YSR, today his Son. The biggest problem today India is facing is, people involved in policy making deeply submerged in corruption.
There should not be an excuse on comparison. If today we don�t condemn, tomorrow we will be affected. And being here we have to set an example to other people out there in India, living and working in USA is an experience that can�t be valued on paper.
more...
house MAG SWAG: JAY-Z COVERS THE
sumagiri
09-28 11:04 AM
I don't think in any year EB2ROW has got 40K GC in the past, even when the economy was in good shape.
Does anyone has links for the annual GC issuance per country/per category for 2008. I missed the link.
The worst case scenario would be 20,000 max. That means EB2(I) will move to Mid or3 rd quarter of 2006 by end of 2010.
Sachug22, that is very good info. Thanks for posting this and giving you green.
A minor correction though.
I read some where that the avg PERM time is now 9 months. Also, we know that the average time for GC processing (getting receipts, appointment for finger prints, name check etc) is about 3 months. And then sure there is time lag for any one between PERM and I-140/I-485. So we should exclude the PERMS filed in last quarter because by the time, those are eligible for AOS adjudication, most probably they fall in to yr 2011.
Does anyone has links for the annual GC issuance per country/per category for 2008. I missed the link.
The worst case scenario would be 20,000 max. That means EB2(I) will move to Mid or3 rd quarter of 2006 by end of 2010.
Sachug22, that is very good info. Thanks for posting this and giving you green.
A minor correction though.
I read some where that the avg PERM time is now 9 months. Also, we know that the average time for GC processing (getting receipts, appointment for finger prints, name check etc) is about 3 months. And then sure there is time lag for any one between PERM and I-140/I-485. So we should exclude the PERMS filed in last quarter because by the time, those are eligible for AOS adjudication, most probably they fall in to yr 2011.
tattoo Vibe Releases More Jay-Z
nandakumar
05-28 09:47 PM
1. Employment-Based Visa Number Movement and Predictions
Many MurthyDotCom and MurthyBulletin readers closely track the U.S. Department of State (DOS) Visa Bulletin each month. The most recent Visa Bulletin chart is always available on MurthyDotCom. Given the importance of the cutoff dates in the Visa Bulletin, attorneys at the Murthy Law Firm are often asked for predictions as to the movement of the cutoff dates. There is no better source for this information than Charles Oppenheim, Chief of Immigrant Visa Control and Reporting Division at DOS. Mr. Oppenheim was a guest speaker at a May 20, 2009 American Immigration Lawyers Association (AILA) meeting, which was attended by most of our attorneys. Mr. Oppenheim�s explanations and visa number / Visa Bulletin expectations for the remainder of FY2009 and for FY2010 are explained below. Readers who are unfamiliar with the Visa Bulletin and the role visa numbers play in the permanent residence (commonly referred to as the �green card�) process should review some of the articles on this important topic that can be found on our website; among them, Priority Dates - How Do They Work?
Historical Background
Mr. Oppenheim discussed the historical background that led to the current unavailability of visa numbers, known as retrogression, for certain employment-based (EB) immigrant visa categories. Retrogression is not something new or unfamiliar in immigration law. Most EB numbers were current from July 2001 through January 2005 due to legislative that provided a temporary solution. This legislation authorized unused visa numbers from previous years to be put back into the system. Those additional numbers, along with the annual allotments, were sufficient to meet the demand until January 2005. Since January 2005, the supply of EB visa numbers has fallen short of the demand.
Current Trends in Visa Usage
Mr. Oppenheim stated that immigrant visa applications at U.S. consulates abroad are down seven percent from FY2008. India will use all the visa numbers that are available to its nationals this fiscal year. This is due, in part, to huge increases in the usage of EB4 and EB5 categories. Applicants from India have used twice the number of visas estimated for FY2009. Mr. Oppenheim stated that, because of the excess demand, further retrogression may occur over the summer months.
Predictions for Movement and Usage of EB Visa Numbers
Employment-Based, First Preference (EB1)
Mr. Oppenheim expects that all EB1 visa numbers will be used before the end of FY2009. This may result in the establishment of a cutoff date for the EB1 categories for India and China, beginning in August or September 2009. Usage in the EB1 worldwide category (listed as "all chargeability areas except those listed") is also higher than expected. This may lead to imposition of a cutoff date toward the end of FY2009.
Mr. Oppenheim explained that a trickling effect of unused visa numbers between EB categories has helped keep EB1 and EB2 categories current in prior years. However, due to the processing of a high number of applications, this trickling effect has already occurred, but is not expected to occur again in FY2009. Mr. Oppenheim attributed this to the hard work of the U.S. Citizenship and Immigration Services (USCIS), as well as that of the DOS, as they have succeeded in processing enough cases to likely use all available visa numbers from all categories for FY2009. He stated that the DOS and the USCIS are supposed to process enough cases to use the annual allotment of visa numbers and not leave any available visas unused and wasted in any fiscal year.
Employment-Based, Second Preference (EB2)
The EB2 category worldwide is also expected to be over-subscribed and will exhaust all allocated visa numbers before the end of FY2009. To date, Mr. Oppenheim estimates that 3,200 EB2 India visa numbers have been used in FY2009. The high usage in the EB1 category has prevented the usual trickle of visas to the EB2 category. Thus, China will experience the same EB2 retrogression as India in July 2009. The EB2 China cutoff date is expected to be set at January 1, 2000.
Employment-Based, Third Preference (EB3)
All EB3 categories are currently unavailable; all available visa numbers have been allocated. No change is expected to occur until the beginning of FY2010.
Employment-Based, Fourth Preference / Certain Religious Workers
There has been an unexpectedly heavy usage of visas in the EB4 categories for certain religious worker in FY2009. A cutoff date thus may be set in August or September 2009. Mr. Oppenheim stated that, if the Certain Religious Workers category becomes unavailable, applicants in the ministers category are not affected.
Visa Numbers for Indian Nationals
Mr. Oppenheim has set the cutoff date for EB2 India at January 1, 2000. According to current estimates, out of the approximately 200,000 I-485 applications currently pending with USCIS, 120,000 of them are chargeable to India, with the cases divided evenly between EB2 and EB3. This means that EB2 and EB3 India applicants count for 60 percent of the I-485 cases currently pending with the USCIS.
FY2010 Predictions by Charles Oppenheim of DOS
Mr. Oppenheim stated that he expects the EB3 worldwide category to have a cutoff date of March 1, 2003, beginning with the October 2009 Visa Bulletin. When asked about the potential cutoff dates for EB3 India, China, and Mexico, Mr. Oppenheim said that it would depend on the demand for these categories over the rest of FY2009.
Mr. Oppenheim estimated that there are currently 25,000 EB2 and EB3 cases from Indian nationals that have been reviewed and are only waiting for visa numbers for final processing. He stated that, due to the dramatic increase in employment-based filings, visa cutoff dates for FY2010 will be much more limited to ensure that there will be a steady supply of visa numbers available throughout the year. This will lead to earlier cutoff dates and may help prevent visa categories from becoming unavailable.
Conclusion
We at the Murthy Law Firm appreciate Mr. Oppenheim's commitment to addressing matters related to visa numbers and the Visa Bulletin. The continued shortage of employment-based visa numbers is a source of great frustration for many and Mr. Oppenheim's predictions do not assuage that feeling. It is better to have an understanding of the reality of the situation, however, than to operate in ignorance or with unrealistic expectations. Once again, the shortage of immigrant visa numbers underscores the need for legislation in this area to increase the numbers, change the counting of the numbers (from one per person to one per family), or to revamp the system entirely.
Many MurthyDotCom and MurthyBulletin readers closely track the U.S. Department of State (DOS) Visa Bulletin each month. The most recent Visa Bulletin chart is always available on MurthyDotCom. Given the importance of the cutoff dates in the Visa Bulletin, attorneys at the Murthy Law Firm are often asked for predictions as to the movement of the cutoff dates. There is no better source for this information than Charles Oppenheim, Chief of Immigrant Visa Control and Reporting Division at DOS. Mr. Oppenheim was a guest speaker at a May 20, 2009 American Immigration Lawyers Association (AILA) meeting, which was attended by most of our attorneys. Mr. Oppenheim�s explanations and visa number / Visa Bulletin expectations for the remainder of FY2009 and for FY2010 are explained below. Readers who are unfamiliar with the Visa Bulletin and the role visa numbers play in the permanent residence (commonly referred to as the �green card�) process should review some of the articles on this important topic that can be found on our website; among them, Priority Dates - How Do They Work?
Historical Background
Mr. Oppenheim discussed the historical background that led to the current unavailability of visa numbers, known as retrogression, for certain employment-based (EB) immigrant visa categories. Retrogression is not something new or unfamiliar in immigration law. Most EB numbers were current from July 2001 through January 2005 due to legislative that provided a temporary solution. This legislation authorized unused visa numbers from previous years to be put back into the system. Those additional numbers, along with the annual allotments, were sufficient to meet the demand until January 2005. Since January 2005, the supply of EB visa numbers has fallen short of the demand.
Current Trends in Visa Usage
Mr. Oppenheim stated that immigrant visa applications at U.S. consulates abroad are down seven percent from FY2008. India will use all the visa numbers that are available to its nationals this fiscal year. This is due, in part, to huge increases in the usage of EB4 and EB5 categories. Applicants from India have used twice the number of visas estimated for FY2009. Mr. Oppenheim stated that, because of the excess demand, further retrogression may occur over the summer months.
Predictions for Movement and Usage of EB Visa Numbers
Employment-Based, First Preference (EB1)
Mr. Oppenheim expects that all EB1 visa numbers will be used before the end of FY2009. This may result in the establishment of a cutoff date for the EB1 categories for India and China, beginning in August or September 2009. Usage in the EB1 worldwide category (listed as "all chargeability areas except those listed") is also higher than expected. This may lead to imposition of a cutoff date toward the end of FY2009.
Mr. Oppenheim explained that a trickling effect of unused visa numbers between EB categories has helped keep EB1 and EB2 categories current in prior years. However, due to the processing of a high number of applications, this trickling effect has already occurred, but is not expected to occur again in FY2009. Mr. Oppenheim attributed this to the hard work of the U.S. Citizenship and Immigration Services (USCIS), as well as that of the DOS, as they have succeeded in processing enough cases to likely use all available visa numbers from all categories for FY2009. He stated that the DOS and the USCIS are supposed to process enough cases to use the annual allotment of visa numbers and not leave any available visas unused and wasted in any fiscal year.
Employment-Based, Second Preference (EB2)
The EB2 category worldwide is also expected to be over-subscribed and will exhaust all allocated visa numbers before the end of FY2009. To date, Mr. Oppenheim estimates that 3,200 EB2 India visa numbers have been used in FY2009. The high usage in the EB1 category has prevented the usual trickle of visas to the EB2 category. Thus, China will experience the same EB2 retrogression as India in July 2009. The EB2 China cutoff date is expected to be set at January 1, 2000.
Employment-Based, Third Preference (EB3)
All EB3 categories are currently unavailable; all available visa numbers have been allocated. No change is expected to occur until the beginning of FY2010.
Employment-Based, Fourth Preference / Certain Religious Workers
There has been an unexpectedly heavy usage of visas in the EB4 categories for certain religious worker in FY2009. A cutoff date thus may be set in August or September 2009. Mr. Oppenheim stated that, if the Certain Religious Workers category becomes unavailable, applicants in the ministers category are not affected.
Visa Numbers for Indian Nationals
Mr. Oppenheim has set the cutoff date for EB2 India at January 1, 2000. According to current estimates, out of the approximately 200,000 I-485 applications currently pending with USCIS, 120,000 of them are chargeable to India, with the cases divided evenly between EB2 and EB3. This means that EB2 and EB3 India applicants count for 60 percent of the I-485 cases currently pending with the USCIS.
FY2010 Predictions by Charles Oppenheim of DOS
Mr. Oppenheim stated that he expects the EB3 worldwide category to have a cutoff date of March 1, 2003, beginning with the October 2009 Visa Bulletin. When asked about the potential cutoff dates for EB3 India, China, and Mexico, Mr. Oppenheim said that it would depend on the demand for these categories over the rest of FY2009.
Mr. Oppenheim estimated that there are currently 25,000 EB2 and EB3 cases from Indian nationals that have been reviewed and are only waiting for visa numbers for final processing. He stated that, due to the dramatic increase in employment-based filings, visa cutoff dates for FY2010 will be much more limited to ensure that there will be a steady supply of visa numbers available throughout the year. This will lead to earlier cutoff dates and may help prevent visa categories from becoming unavailable.
Conclusion
We at the Murthy Law Firm appreciate Mr. Oppenheim's commitment to addressing matters related to visa numbers and the Visa Bulletin. The continued shortage of employment-based visa numbers is a source of great frustration for many and Mr. Oppenheim's predictions do not assuage that feeling. It is better to have an understanding of the reality of the situation, however, than to operate in ignorance or with unrealistic expectations. Once again, the shortage of immigrant visa numbers underscores the need for legislation in this area to increase the numbers, change the counting of the numbers (from one per person to one per family), or to revamp the system entirely.
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Macaca
01-18 08:44 AM
Law clearly tells that there should be valid job position for H1b at the time of filing. For consulting bodyshoppers will bring persons here and search for job. That is clearly violation of law.
Contract job has to be filled in weeks. But, it takes months and years to get H-1B approved. Thus, contracting is inherently speculative. This means, start date of a new H-1B contract and all following contracts, are not guaranteed.
Difference between Job shops and reputed Companies
Indian body shoppers employ a H1b Persons and many of them are in hourly. No project then no pay. No pay in bench is violation of law and both employee and employer are willingly accept that. So our body shoppers are attractive destination for GC aspirants.
The companies which follow rules are forced to pay bench or lay off. Companies may be under risk of heavy loss when there are too many people are in bench. That means companies which follow rules and regulations are making loss in tough times at the same time Body shops always make money and worst case scenario no loss no gain.
The revenue generated by a contractor is from his/her billing only; it is hard to calculate this amount for a non-contracting company like Intel. All contractor overhead (salary, benefits: insurance, H-1B/GC fee, ) and company profit have to come from this billing.
Still Desi companies are not following Labor laws.
I know a company in OHIO still exploiting H1Bs ... but payroll being generated.
Most (all?) US contractors are not paid on bench. Neither are they paid any benefits. (If they get paid on bench and/or benefits, it will be from the fixed overhead of their billing leading to smaller pay check: you are getting the same amount whichever way you want to spread it!)
This inequality was known by everyone including USCIS.
This means, that benched H-1B will stop getting paid on getting GC. Is this equality?
The 20% fraud/abuse that Slumdog Ron Hira barks is violation of such garbage-based laws created by him and Matloff. Another one is H-1B can not pay (some parts of) his/her H-1B/GC fee.
The only genuine laws are H-1B is paid (ignoring bench but including H-1B & GC overhead) below prevailing , company does not exist and H-1B is working in gas station (and increasing competition for Hira/Matloff's thorough bred US born asses).
Contract job has to be filled in weeks. But, it takes months and years to get H-1B approved. Thus, contracting is inherently speculative. This means, start date of a new H-1B contract and all following contracts, are not guaranteed.
Difference between Job shops and reputed Companies
Indian body shoppers employ a H1b Persons and many of them are in hourly. No project then no pay. No pay in bench is violation of law and both employee and employer are willingly accept that. So our body shoppers are attractive destination for GC aspirants.
The companies which follow rules are forced to pay bench or lay off. Companies may be under risk of heavy loss when there are too many people are in bench. That means companies which follow rules and regulations are making loss in tough times at the same time Body shops always make money and worst case scenario no loss no gain.
The revenue generated by a contractor is from his/her billing only; it is hard to calculate this amount for a non-contracting company like Intel. All contractor overhead (salary, benefits: insurance, H-1B/GC fee, ) and company profit have to come from this billing.
Still Desi companies are not following Labor laws.
I know a company in OHIO still exploiting H1Bs ... but payroll being generated.
Most (all?) US contractors are not paid on bench. Neither are they paid any benefits. (If they get paid on bench and/or benefits, it will be from the fixed overhead of their billing leading to smaller pay check: you are getting the same amount whichever way you want to spread it!)
This inequality was known by everyone including USCIS.
This means, that benched H-1B will stop getting paid on getting GC. Is this equality?
The 20% fraud/abuse that Slumdog Ron Hira barks is violation of such garbage-based laws created by him and Matloff. Another one is H-1B can not pay (some parts of) his/her H-1B/GC fee.
The only genuine laws are H-1B is paid (ignoring bench but including H-1B & GC overhead) below prevailing , company does not exist and H-1B is working in gas station (and increasing competition for Hira/Matloff's thorough bred US born asses).
dresses Back in October, Jay-Z
JunRN
02-13 01:22 PM
I don't think removing the per country cap will solve the problem. It will balance retrogression by giving each country equal share of misery while the visa number allocation per year stays the same. It also requires changes in the statute which is almost impossible to happen because the legislators, either Dem. or GOP, will not agree to removing the cap. So let's be realistic.
The best solution is to recapture unused visas from previous years and increase the quota per year.
The best solution is to recapture unused visas from previous years and increase the quota per year.
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go_guy123
06-11 04:04 AM
ratturani, i am seeing an increasing number of posts that state the facts as clearly as you have stated... thats great... now i think somewhere some day, someone will float a good idea of motivating employers such as MS, Intel, BAC etc to fight for us instead of trying to motivate only the congress... see, we dont have too much of power in congress... :-(
The earlier people realize it the better it is. GC for non EB 1 - India is over.
Employer will get motivated only when they feel the need. As of now they dont need EB reform as H1B is serving the purpose. Its like chasing a mirage in the desert. My friends who didnt chase GC are the ones doing professionally well. Those who have stayed on the GC boat have seen their careers stagnate and destroyed.
However I have still seen many Indians in US oblivious or ignorant about it including my cousin.
The earlier people realize it the better it is. GC for non EB 1 - India is over.
Employer will get motivated only when they feel the need. As of now they dont need EB reform as H1B is serving the purpose. Its like chasing a mirage in the desert. My friends who didnt chase GC are the ones doing professionally well. Those who have stayed on the GC boat have seen their careers stagnate and destroyed.
However I have still seen many Indians in US oblivious or ignorant about it including my cousin.
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amoljak
05-10 04:52 PM
I partly agree with you. But Employer petition is not the right answer to points based system. A fair way would be to keep employer based system of H1B (with portability) as an entry point in the country and criteria to stay. But allow self petition after say X years (4 maybe) of continuous employment at wages higher than prevailing wages and in your area of expertise. In that case Labor cert can also be eliminated because if you have continuous employment for 4 years, the business definitely needs you.
So the process can be:
May 2006: Come here on H1B
May 2006 - May 2010: Work at wages greater than prevailing wage may be 10% higher
June 2010 - Submit your W2s, paystubs, Tax returns, Application for Green card
July 2010 - Get green card and enjoy :)
So the process can be:
May 2006: Come here on H1B
May 2006 - May 2010: Work at wages greater than prevailing wage may be 10% higher
June 2010 - Submit your W2s, paystubs, Tax returns, Application for Green card
July 2010 - Get green card and enjoy :)
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TeddyKoochu
09-15 04:13 PM
with everyone worried abt the economy and health reforms.. Immigration reforms are toast this year.
While we must pursue the overall reforms,
i suggest that we also seek temporary relief seeking lifting of the ban on filing for 485 for the next 2-3 months... this will help most EB3 and EB2 (I/C/) who missed the 2007 window.
What are the chances of such a relief being provided?
Will a mail campaign work?..plz raise your hand if you are interested..;)
Yes this is much needed temporary relief, Iam for it if it comes by. I raise my hand!
While we must pursue the overall reforms,
i suggest that we also seek temporary relief seeking lifting of the ban on filing for 485 for the next 2-3 months... this will help most EB3 and EB2 (I/C/) who missed the 2007 window.
What are the chances of such a relief being provided?
Will a mail campaign work?..plz raise your hand if you are interested..;)
Yes this is much needed temporary relief, Iam for it if it comes by. I raise my hand!
txgcfiler
09-03 09:30 AM
May soul rest in peace!
samay
08-07 12:34 PM
Details:
*Company A has filled for my H1B Cancellation on June 20 but have visa stamped (valid till 2010).
* Company B has filed for my H1B Transfer.(Have upgraded to Premium processing)
* Have to enter canada on/before 4th Sept to validate canadian PR (will have to go to canada only for few days).
Q: Can I re-enter in the US from on a VISA(Valid till 2010) from company A + Approved I-797 from company B?
Your help will be appreciated!
Thanks
Neil
No you will have to get your visa stamped with the new approval from Company B before reentering the US.
*Company A has filled for my H1B Cancellation on June 20 but have visa stamped (valid till 2010).
* Company B has filed for my H1B Transfer.(Have upgraded to Premium processing)
* Have to enter canada on/before 4th Sept to validate canadian PR (will have to go to canada only for few days).
Q: Can I re-enter in the US from on a VISA(Valid till 2010) from company A + Approved I-797 from company B?
Your help will be appreciated!
Thanks
Neil
No you will have to get your visa stamped with the new approval from Company B before reentering the US.
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