dealsnet
03-19 11:12 AM
The conservative approch for the dependants is 1.2 to 1.5 times the labor approvals. Not all people have a dependants.
Husband and wife have labor approved. Like my case, my wife have labor approved, but I have file with my labor, which have older PD. Working family with husband and wife in H1B most of them have labor approved. So the actual number will be diffrent.
From the PERM statistics,
ROW adjustment should be 55% from the total number of pending cases
EB3 are 30%
If the total number of case pending with USCIS is 833,141 (all I-485 including Family based) (based on 12/31 numbers), so EB3 ROW are only 137,468. This means that with the current trend of DOS to avoid wasting GC we should expect the cut-off dates for EB3ROW to be 2006/2007.
Even if I take your figures at face value, I see a shortage of 60000 visas. This is because we need to consider that each LC will use more than one EB visa (due to family members). If I take a conservative figure that there will be one dependent for each LC candidate, we will need 200,000 EB visas for the 100,000 LCs.
Husband and wife have labor approved. Like my case, my wife have labor approved, but I have file with my labor, which have older PD. Working family with husband and wife in H1B most of them have labor approved. So the actual number will be diffrent.
From the PERM statistics,
ROW adjustment should be 55% from the total number of pending cases
EB3 are 30%
If the total number of case pending with USCIS is 833,141 (all I-485 including Family based) (based on 12/31 numbers), so EB3 ROW are only 137,468. This means that with the current trend of DOS to avoid wasting GC we should expect the cut-off dates for EB3ROW to be 2006/2007.
Even if I take your figures at face value, I see a shortage of 60000 visas. This is because we need to consider that each LC will use more than one EB visa (due to family members). If I take a conservative figure that there will be one dependent for each LC candidate, we will need 200,000 EB visas for the 100,000 LCs.
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a_yaja
07-09 04:47 PM
I hope this lawsuit fails. Looking ahead this lawsuit, if it succeeds might do us more damage than good. Law of unintended consequences states that something can happen we haven't thought of.
Supposing, if lawsuit goes ahead and wins, one outcome might be - USCIS might start adhering to strict interpretation of 7% per country, or curtail spillovers drastically. Then we are in deep shit.
How can USCIS adher to 7% per country quota when AC21 explicitly says that if visas are still available after allotment to ROW, the remaining visas must spill over to the over subscribed countries?
As a result of failure of this lawsuite, if they start adhering to 7% cap, then they are in violation of AC21. That would be another lawsuite for sure.
Supposing, if lawsuit goes ahead and wins, one outcome might be - USCIS might start adhering to strict interpretation of 7% per country, or curtail spillovers drastically. Then we are in deep shit.
How can USCIS adher to 7% per country quota when AC21 explicitly says that if visas are still available after allotment to ROW, the remaining visas must spill over to the over subscribed countries?
As a result of failure of this lawsuite, if they start adhering to 7% cap, then they are in violation of AC21. That would be another lawsuite for sure.
EB3_SEP04
05-26 05:11 PM
I wonder what are the required documents for America born citizens if they don't have passports. Just a driver license? or they have to carry birth certificates always?
US citizens are not required to prove that they are citizens, only the non-citizens are required to prove their status, and that's what angers me. If you answer the question as "Citizen" no further question is asked, and that is the RULE. Hence illegal people are trained to say the word "citizen" no matter what question they are asked. But as law abiding people most legal immigrants/non-immigrants won't lie just for the sake of avoiding the hassel of showing papers.
US citizens are not required to prove that they are citizens, only the non-citizens are required to prove their status, and that's what angers me. If you answer the question as "Citizen" no further question is asked, and that is the RULE. Hence illegal people are trained to say the word "citizen" no matter what question they are asked. But as law abiding people most legal immigrants/non-immigrants won't lie just for the sake of avoiding the hassel of showing papers.
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sam_hoosier
01-18 11:09 AM
Signed up for $20/month.
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prioritydate
06-29 05:06 PM
I am really happy for all those people who got their GC :)
sweet_jungle
02-13 01:15 AM
most of the desi consultants seem to be concentrated in NJ or Chicago. Are there any reliable desi consultants for H-1 in CA? What are the websites which give info in this direction?
What are the steps to be followed and things to watch out for in selecting a desi consultant?
What are the steps to be followed and things to watch out for in selecting a desi consultant?
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retrohatao
02-15 05:00 PM
indi0617
Tried every thing:
1. Lawyer contacted USCIS. Waiting for security clearnace. USCIS does not expedite the issue
2. Contacted Congressman- nada
3. Contacted senetors - no help
4. E-mailed FBI- No reply
5. Faxed several letters- might have gone into trash bin
6. Sent snail mail. They have received it. Probably using the paper for various other uses.
That is the whole point to raise the issue in this forum, so that everyone in this forum aware of the problem.
You can not expedite it. You may sue, but never seen anyone doing that. It is such a hopeless ridiculous unresponsive process.
Mine is a very reputed industry. Does not matter who you are and whom you work for? They just do not care
Tried every thing:
1. Lawyer contacted USCIS. Waiting for security clearnace. USCIS does not expedite the issue
2. Contacted Congressman- nada
3. Contacted senetors - no help
4. E-mailed FBI- No reply
5. Faxed several letters- might have gone into trash bin
6. Sent snail mail. They have received it. Probably using the paper for various other uses.
That is the whole point to raise the issue in this forum, so that everyone in this forum aware of the problem.
You can not expedite it. You may sue, but never seen anyone doing that. It is such a hopeless ridiculous unresponsive process.
Mine is a very reputed industry. Does not matter who you are and whom you work for? They just do not care
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kpchal2
07-18 09:52 AM
hi all, in the same boat too. mine was filed on july 2nd and there is a fedex confirmation about it. i did not hear from any one i know about these rejections or returns until i saw gregs blog. can any one shed a light if they know some one who got a reject. also can you please let me know if there is any way we can find out from uscis or from any one relevant about our application. it is too much of a hassle already and dont want to add more delays to this already cumbersome and sleepless process
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retrohatao
02-13 12:25 PM
I think I am bit surprised to see not even a single posting as a reply. Believe it or not its huge problem than you can even imagine.
:rolleyes:
:rolleyes:
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indianindian2006
07-14 05:56 PM
Should I send a AC21 letter to USCIS along with my new employment letter?
Who is the best attorney for such cases?
Is it possible that my prevous employer hasn't revoked 140? How can I know that? I have received RFE after one year after filing the case. Is there any way I can know the date when my previous employer did revoke the 140 ( in case he did)?
Ajthakur,
Is their any ways you could contact your previous employer and try to find answers if your 140 is cancelled by that employer as that would give you a good idea of how to reply on this RFE.As suggested by others you have to reply to this RFE or your 485 is in jeopardy.
Who is the best attorney for such cases?
Is it possible that my prevous employer hasn't revoked 140? How can I know that? I have received RFE after one year after filing the case. Is there any way I can know the date when my previous employer did revoke the 140 ( in case he did)?
Ajthakur,
Is their any ways you could contact your previous employer and try to find answers if your 140 is cancelled by that employer as that would give you a good idea of how to reply on this RFE.As suggested by others you have to reply to this RFE or your 485 is in jeopardy.
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gvenkat
10-20 02:38 PM
Look, no one is saying that McCain is the savior, but at the same time, it is important for us to understand that Obama is not the light at the end of the tunnel, its the fast approaching train towards us. So, some of us are just pointing to others that be prepared for the train wreck. That does not necessarily translate into saying that McCain is the savior. It just means what it means.
And you are right, none of us can vote. But if this community supports Obama, its like 300 million Americans voting for the President who works against the interest of majority of Americans. Won't we also be guided by the "misguided" ideology and rhetoric if we act in the same manner.
The irony of the situation is, we are caught between the rock and the hard place. Some of us are saying its better to stay on rocks, others are preaching that its better to be caught in the hard place. That's all.
.
go read my post again. what we need is change. mccain wont do that. he will go to war with iran and our problems will be in the backburner, atleast even if obama is not supportive as much as mccain is we dont need to frigging wait this long... we will either get it or not get the GC. but beofre that we need our jobs and if mcain is there.. we might not have it for long...
And you are right, none of us can vote. But if this community supports Obama, its like 300 million Americans voting for the President who works against the interest of majority of Americans. Won't we also be guided by the "misguided" ideology and rhetoric if we act in the same manner.
The irony of the situation is, we are caught between the rock and the hard place. Some of us are saying its better to stay on rocks, others are preaching that its better to be caught in the hard place. That's all.
.
go read my post again. what we need is change. mccain wont do that. he will go to war with iran and our problems will be in the backburner, atleast even if obama is not supportive as much as mccain is we dont need to frigging wait this long... we will either get it or not get the GC. but beofre that we need our jobs and if mcain is there.. we might not have it for long...
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piperwarrior
07-16 09:55 PM
The point is not about changing NumbersUSA supporters (that will not happen). The idea is to discredit this organization in the same publications that have profiled them (i.e., NY Times and LA Times) and show that their arguments don't hold water.
We all know that people on H1 status pay federal,state and social security tax. So I checked IRS site and searched for H1B. They have couple of links that shows H1b should pay tax. My point is everyone knows IRS and they know how much they go after people who are not paying taxes. If we can point to IRS which itself states by way examples that H1B should pay tax then at least the fence sitters will not jump on their side. I doubt if hardcore NumberUSA supporter will believe this anyway but we need turn the fence sitters around which may be the majority.
Here is the first one:
I have an H-1B Visa and my husband has an F-1 Visa. We both lived in the United States all of last year and had income. What kind of form should we file? Do we file separate returns or a joint return?
Assuming both of you had these visas for all of last year, you are a resident alien. Your husband is a nonresident alien if he has not been in the United States as a student for more than 5 years. You and your husband can file a joint tax return on Form 1040, 1040A, or 1040EZ if he makes the choice to be treated as a resident for the entire year. See Nonresident Spouse Treated as a Resident in chapter 1. If your husband does not make this choice, you must file a separate return on Form 1040 or Form 1040A. Your husband must file Form 1040NR or 1040NR-EZ.
Here is an example where they use person on H1b as an example. I'm giving the link as the explanation is long. Just look at example 10
http://www.irs.gov/businesses/small/international/article/0,,id=129428,00.html
Example 8.
Mr. Gerhard Schwarz was a citizen and resident of Germany just prior to his arrival in the United States. He arrived in the United States on 08-15-99 as a professor of physics on an H-1b visa. He intends to remain in the United States for two academic years, and does not intend to change his immigration status during that period before returning home. Determine his residency starting date.
What kind of federal income tax returns will he file for 1999 and 2000?
We all know that people on H1 status pay federal,state and social security tax. So I checked IRS site and searched for H1B. They have couple of links that shows H1b should pay tax. My point is everyone knows IRS and they know how much they go after people who are not paying taxes. If we can point to IRS which itself states by way examples that H1B should pay tax then at least the fence sitters will not jump on their side. I doubt if hardcore NumberUSA supporter will believe this anyway but we need turn the fence sitters around which may be the majority.
Here is the first one:
I have an H-1B Visa and my husband has an F-1 Visa. We both lived in the United States all of last year and had income. What kind of form should we file? Do we file separate returns or a joint return?
Assuming both of you had these visas for all of last year, you are a resident alien. Your husband is a nonresident alien if he has not been in the United States as a student for more than 5 years. You and your husband can file a joint tax return on Form 1040, 1040A, or 1040EZ if he makes the choice to be treated as a resident for the entire year. See Nonresident Spouse Treated as a Resident in chapter 1. If your husband does not make this choice, you must file a separate return on Form 1040 or Form 1040A. Your husband must file Form 1040NR or 1040NR-EZ.
Here is an example where they use person on H1b as an example. I'm giving the link as the explanation is long. Just look at example 10
http://www.irs.gov/businesses/small/international/article/0,,id=129428,00.html
Example 8.
Mr. Gerhard Schwarz was a citizen and resident of Germany just prior to his arrival in the United States. He arrived in the United States on 08-15-99 as a professor of physics on an H-1b visa. He intends to remain in the United States for two academic years, and does not intend to change his immigration status during that period before returning home. Determine his residency starting date.
What kind of federal income tax returns will he file for 1999 and 2000?
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logiclife
12-20 05:50 PM
If you were not laid off, it is fine. Technically you are out of status only when you are laid off. If company didn't pay you that is probably an issue for the company not you.
If you traveled out and came back to US with a proper visa stamping, your old "wrongdoings" are pardoned. That is what 245(k) is all about. If you are not filing your GC through the same employer, you are even better off.
Relax !
Your first paragraph is wrong. If you are not working, then you are out of status. Regardless of whether your employer formally terminated employment and formally cancelled your H1B. Out of status means staying in USA legally, but not doing what you are supposed to be doing. If you dont attend classes and go to college when on student visa, you are out of status even though you are legally present.
Your second paragraph, about "old wrongdoing" being pardoned, yes, 245(k) would clear that. However, if he had disclosed it, then yes, he would be in the clear.
Now keep in mind that everyone, goes out of job once in a while and is unemployed for 10-15 days or even a month during the course of time. Technically, that is out of status. But that doesnt mean everyone discloses it in their 485 form. Does that mean that everyone will get rejected ?
If you traveled out and came back to US with a proper visa stamping, your old "wrongdoings" are pardoned. That is what 245(k) is all about. If you are not filing your GC through the same employer, you are even better off.
Relax !
Your first paragraph is wrong. If you are not working, then you are out of status. Regardless of whether your employer formally terminated employment and formally cancelled your H1B. Out of status means staying in USA legally, but not doing what you are supposed to be doing. If you dont attend classes and go to college when on student visa, you are out of status even though you are legally present.
Your second paragraph, about "old wrongdoing" being pardoned, yes, 245(k) would clear that. However, if he had disclosed it, then yes, he would be in the clear.
Now keep in mind that everyone, goes out of job once in a while and is unemployed for 10-15 days or even a month during the course of time. Technically, that is out of status. But that doesnt mean everyone discloses it in their 485 form. Does that mean that everyone will get rejected ?
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chnaveen
01-16 03:32 PM
signed up for $20 per month though paypal.
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willgetgc2005
04-20 03:37 PM
Hello,
I can call right now. Please send me a PM
__________________________________________________
QUOTE=Administrator2]------------------------------------------------
URGENT
------------------------------------------------
We need 4-5 volunteers to make phone calls to IV members in CA. The purpose of the call is to inform and invite IV members in CA about this event so that we all could be well represented at this event. Please post a message or send a private message if you would like to voluneer for this effort. We will provide you with all the information required to make the phone calls to IV members. This task involves volunteering 30-45 minutes of your time. Please help this cause to help us all.
Thanks,[/QUOTE]
I can call right now. Please send me a PM
__________________________________________________
QUOTE=Administrator2]------------------------------------------------
URGENT
------------------------------------------------
We need 4-5 volunteers to make phone calls to IV members in CA. The purpose of the call is to inform and invite IV members in CA about this event so that we all could be well represented at this event. Please post a message or send a private message if you would like to voluneer for this effort. We will provide you with all the information required to make the phone calls to IV members. This task involves volunteering 30-45 minutes of your time. Please help this cause to help us all.
Thanks,[/QUOTE]
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Jaime
09-10 09:40 PM
This is the reply I got from a student at my grad alma mater
Dear XXYY
This year most of the students at GATech have come only to study and get back to India, their homeland. So the participation might be grim due to the same. Even I have decided to return once done with my studies. Guess serving the motherland has been more important to us than earning the $$, since we know that only with efforts of an individual a country can progress.
Regards
ZZZZ
Yes, I psted on another thread that I volunteered at my Alma Mater and did practice interviews with international students (2 from China and 2 from India) and none of them want to stay in the U.S. long-term (they just want the education and a couple of years of experience so that they can go back home and make it big) Just a few years ago when I was in school they all wanted to stay here permanently. HUGE CHANGE, thanks to a bad immigration system.
Dear XXYY
This year most of the students at GATech have come only to study and get back to India, their homeland. So the participation might be grim due to the same. Even I have decided to return once done with my studies. Guess serving the motherland has been more important to us than earning the $$, since we know that only with efforts of an individual a country can progress.
Regards
ZZZZ
Yes, I psted on another thread that I volunteered at my Alma Mater and did practice interviews with international students (2 from China and 2 from India) and none of them want to stay in the U.S. long-term (they just want the education and a couple of years of experience so that they can go back home and make it big) Just a few years ago when I was in school they all wanted to stay here permanently. HUGE CHANGE, thanks to a bad immigration system.
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richi121175
01-16 10:21 PM
Contributed $20 in Dec and just signed up for $20 per month.
Can anyone please confirm that we are still going for I-485 provision attached to the appropriation bills in February??
Can anyone please confirm that we are still going for I-485 provision attached to the appropriation bills in February??
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xyzgc
01-17 11:56 PM
Got lots of reds as expected. Excuse me for using strong words. I'm sympathetic towards everyone who has lost jobs or fears layoffs. I have weathered the 2001 storm in the valley. It was horrible. However, people buy expensive real estate without obtaining permanent residency first and then start laughing at others for being so conservative. Its utter stupidity. In one of the other threads I was arguing with some one over whether its a good time to buy a house or not. I am totally for buying a house even in these uncertain times provided you are a dual income and provided you have your green card and despite that some folks didn't agree with me at all!
Today, buying hiouses is risky but folks don't realize if you are on H1B, it is a temp visa you are sticking your neck out. Even if you have your EAD, it doesn't mean shit. If your employer revokes your 140 you are more or less doomed, unless you are very lucky. Now, please don't dispute this statement of mine by presenting legal facts.
I look at it this way, your gc is controlled by your employer, you get laid off by your employer, your company has ZERO interest in keeping your job position alive and considering employing you at a future date. Period.
H1B is not green card, EAD is not green card, your PD being current is not a green card.f you think you can transfer your H1 with some consulting firm and retain H1 status on bench, you are playing with fire.
Giving reds to me is not going to change the basic facts. Leaving your cars and your houses behind without paying your dues is the worst crime in the book. It destroys your credibility. Not only that you, main street, are then responsible for mortgage crisis and then you coolly blame the wall street and Mr. Bush for everything that goes wrong.
Today, buying hiouses is risky but folks don't realize if you are on H1B, it is a temp visa you are sticking your neck out. Even if you have your EAD, it doesn't mean shit. If your employer revokes your 140 you are more or less doomed, unless you are very lucky. Now, please don't dispute this statement of mine by presenting legal facts.
I look at it this way, your gc is controlled by your employer, you get laid off by your employer, your company has ZERO interest in keeping your job position alive and considering employing you at a future date. Period.
H1B is not green card, EAD is not green card, your PD being current is not a green card.f you think you can transfer your H1 with some consulting firm and retain H1 status on bench, you are playing with fire.
Giving reds to me is not going to change the basic facts. Leaving your cars and your houses behind without paying your dues is the worst crime in the book. It destroys your credibility. Not only that you, main street, are then responsible for mortgage crisis and then you coolly blame the wall street and Mr. Bush for everything that goes wrong.
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my2cents
09-17 05:22 PM
Probably, Keeping job (at least 6 month to ride wave) is much more important then GC. Smartest people in the world (on wall street) doomed us !!!
rockstart
03-12 11:55 AM
In theory you are right. But practically Very big corporations/companies have recently started a practice not to hire a person on EAD if I-140 is not clearly approved. Why? Lawyers advise them to do so. I have been hired by very prestigious company recently of course on EAD and first thing they wanted to make a check was on whether I have I-140 approved or not. Secondly they ask if I could submit 3 years audit report for "previous employer". That could make sense to me as it was a clear hint that they wanted to check whether I am coming from good financial based company or not... Why? The reason is that if that would not have been the case then there could be the chance of denying I-140 although it was approved. At least in my network of friends I am the third person who experienced this level of scrutiny before hiring on EAD. The reason is simple. They do not want to hire a guy who can not work at some time of the initial period due to I-140 related problems. So bottom line, I-140 approval is must nowadays for working in big corporations with EAD.
I am worried about this financial reports. I am not sure many consulting companies will give those to employee who is leaving
I am worried about this financial reports. I am not sure many consulting companies will give those to employee who is leaving
boreal
04-21 08:36 PM
Could someone post the meeting notes.
Quite a few number of ppl from IV attended and i do hear that some good things are going on in the background, esp with the Congressman's Guiterrez's office...Hopefully something good will happen for all of us out this....
Quite a few number of ppl from IV attended and i do hear that some good things are going on in the background, esp with the Congressman's Guiterrez's office...Hopefully something good will happen for all of us out this....
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