srkamath
07-03 10:18 PM
Country-wise caps are clearly not a sensible way to retain the best talent in the world in the US. The purpose of the EB visa program is to get the best contributors to the US economy mostly when and where Americans are not available. The EB immigration system is not a socialist entitlement program for prospective immigrants from China, India or the ROW. The program must be fair to the US, fairness (or lack thereof) to all qualified prospective immigrants is a consequence not the intent of the law.
The sad truth is that, no matter how sensible that argument is - a large section of people will not understand that or will choose to distort it out of fears such as losing their perceived entitlement - simply put many will simply refuse to buy it. Therefore, if we wish to pursue this issue we need a middle ground proposal.
Here's an amendment that strikes middle ground ......
For a given year, to estimate the demand, first calculate from the last three years data, the average number (percentage) of visas charged to each country under EB1, 2 & 3. For any country that was charged more than an average of 7% of the visas in the last three years, limit the visa allocation in the first quarter to 7%. In the second and third quarters, limit the allocation to the actual average percentage for the last three years. In the last quarter, remove all such country-wise limits to ensure maximum usage.
I'm no legislative expert, but after reading the text of the law at http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=cb90c19a50729fb47fb0686648558 dbe (chapter 1 - Selection System) , it is my understanding that the law already permits something very close what i have proposed. It is up to the executive branch to change their policy here - this seems like a classic case for an Executive Order.
Any thoughts / comments?
The sad truth is that, no matter how sensible that argument is - a large section of people will not understand that or will choose to distort it out of fears such as losing their perceived entitlement - simply put many will simply refuse to buy it. Therefore, if we wish to pursue this issue we need a middle ground proposal.
Here's an amendment that strikes middle ground ......
For a given year, to estimate the demand, first calculate from the last three years data, the average number (percentage) of visas charged to each country under EB1, 2 & 3. For any country that was charged more than an average of 7% of the visas in the last three years, limit the visa allocation in the first quarter to 7%. In the second and third quarters, limit the allocation to the actual average percentage for the last three years. In the last quarter, remove all such country-wise limits to ensure maximum usage.
I'm no legislative expert, but after reading the text of the law at http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=cb90c19a50729fb47fb0686648558 dbe (chapter 1 - Selection System) , it is my understanding that the law already permits something very close what i have proposed. It is up to the executive branch to change their policy here - this seems like a classic case for an Executive Order.
Any thoughts / comments?
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sri1309
02-14 09:57 AM
IV Core,
Can you please monitor the threads more closely and remove anytning like this. If you are running out of resources, please add some more guys who can do this. There are many guys who always post constructive threads all the time. I may be one of them, if you look at all my previous posts. I can help in cleansing some bad threads here. This thread is insulting to us all, and more to you who maintain this forum, if I am not wrong.
Can you please monitor the threads more closely and remove anytning like this. If you are running out of resources, please add some more guys who can do this. There are many guys who always post constructive threads all the time. I may be one of them, if you look at all my previous posts. I can help in cleansing some bad threads here. This thread is insulting to us all, and more to you who maintain this forum, if I am not wrong.
vijayassr
02-23 02:24 AM
Hi,
Have a question on my visa.
I applied for H1 visa with company A, when I am in US in Apr'08 with
L1 thats getting expired, due to emergency I went to India.
I got h1 approval notice with COS on July'23 2008.
My Indian company B asked to get fresh L1 , so I took a stamping on
Aug'20 2008 and came to US on L1
changed company A with H1 visa . (company A did not do any COS again, since they say H1 is already with COS).
Want to know if my H1 is valid do I need to do any other things to
tell USCIS that I am on H1 NOW. Can I do stamping at Mexico/Cuba.
If there is any problem above how to come out of it.
Have a question on my visa.
I applied for H1 visa with company A, when I am in US in Apr'08 with
L1 thats getting expired, due to emergency I went to India.
I got h1 approval notice with COS on July'23 2008.
My Indian company B asked to get fresh L1 , so I took a stamping on
Aug'20 2008 and came to US on L1
changed company A with H1 visa . (company A did not do any COS again, since they say H1 is already with COS).
Want to know if my H1 is valid do I need to do any other things to
tell USCIS that I am on H1 NOW. Can I do stamping at Mexico/Cuba.
If there is any problem above how to come out of it.
2011 Cell Phone Wallpapers by
ca_immigrant
08-10 07:09 PM
are we there yet ??
are we there yet ??
are we there yet ??
:p
are we there yet ??
are we there yet ??
:p
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gunabcd
07-13 10:57 PM
http://www.murthy.com/chertoff_murthy.html
July 12, 2007
VIA FEDERAL EXPRESS
Michael Chertoff, Esq.
Secretary
Department of Homeland Security
RE: USCIS Decision to Reject I-485 Filings
Dear Mr. Chertoff:
continue
Looks like "Jbpvisa" wanted to win the race of posting this article first, and he/she mis-spelled "Murthy" as Murphy. recently somebody came up with a "Secret News.." which was actually his own far fetched fantasy. I don't understand why some people are so thrilled about throwing around sensational sounding posts ? Isn't that similar to creating a chain email hoax?
July 12, 2007
VIA FEDERAL EXPRESS
Michael Chertoff, Esq.
Secretary
Department of Homeland Security
RE: USCIS Decision to Reject I-485 Filings
Dear Mr. Chertoff:
continue
Looks like "Jbpvisa" wanted to win the race of posting this article first, and he/she mis-spelled "Murthy" as Murphy. recently somebody came up with a "Secret News.." which was actually his own far fetched fantasy. I don't understand why some people are so thrilled about throwing around sensational sounding posts ? Isn't that similar to creating a chain email hoax?
WillIWin?
07-24 12:24 PM
This is my law firm. Seems like they have submitted many applications (140 + 485 concurrently) WITHOUT the employment offer letter.
Anyone else with this firm ? Also I see that there are people who have already sent in their 485 applications. My 2 cents:
- Dont send in multiple 485s (with the same underlying I-140. Multiple 485s with multiple I-140s is fine). Higher chances of rejection than just a missing employment letter.
- If your lawyer is a relatively reputable firm, then chances are that they have done this in the past and have not had any issues. So chances are they know what they are doing.
Anyone else with this firm ? Also I see that there are people who have already sent in their 485 applications. My 2 cents:
- Dont send in multiple 485s (with the same underlying I-140. Multiple 485s with multiple I-140s is fine). Higher chances of rejection than just a missing employment letter.
- If your lawyer is a relatively reputable firm, then chances are that they have done this in the past and have not had any issues. So chances are they know what they are doing.
more...
Refugee_New
12-20 05:23 PM
Folks, I didn't worked for an year(2001) due to, you know what I am saying....
Now I am afraid that I would get an RFE because of that. Do you think that I need to worry about it? :(
Hey, are you from Andhra pradesh?
Now I am afraid that I would get an RFE because of that. Do you think that I need to worry about it? :(
Hey, are you from Andhra pradesh?
2010 Title: animated wallpapers
amsgc
07-19 12:06 AM
We need a realistic estimate of how many applications are pending with PD in 2004, which really seems like the bottleneck. Another thing to bear in mind is the conversion from EB3->EB2. That is also going to hinder the movement of EB2. There are a lot of people trying to use that route.
more...
varshadas
12-14 08:20 PM
Except for myself and Rajeev, no one joined the conference call tonight. C'mmon guys, we need some action here. We all ought to participate in these calls. Writing emails, coming and posting I am in is not going to help. We have to take actions here. I will set up a conference call on another day next week and please make sure you all attend.
Thanks,
Varsha
Thanks,
Varsha
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senthil1
06-13 11:43 AM
Impact of rule 2 will be minimal and that rule will be really used not to displace
US workers if that is the purpose. If companies are not really displacing US workers why should they bother about this rule? This rule will certainly minimise the outsourcing by laying off people as H1b persons are required for offshore co-ordination.
Rule 3 is putting ad that is just like a Labor process in green card. It will delay h1b hiring for a month and really impact will be minimal
Those 2 rules are worth if companies can get best people in the world(that was the intention of H1b program. That is what Google and Microsoft are arguing)
With the restrictions we are getting 115 to 180k H1bs. If there is some plan for clearing backlog for gc then we can very well support CIR
Correct me if my understanding is wrong.
Hi, Senthil and Bugmenot
You said :They will allow some form of consulting and they may ban subcontracting in H1b.
Now you agree that consulting will be there. So the bill have to be tweeked or else even small american companies will shut down.
ex bearing point....
Rule 2 of restriction - Company cannot hire 6 months before or after it has laid of a person.
Impossible to be applied.
(Big companies will be affected with this, small companies like CDI, ABC.. who might hire a H1-B on their pay roll but they let them go when they are not able to find a new client that they can place that person).
Rule 3 - You have to advertise before you get an H1-B might be allowed but ignored like L1 is ignored now.
I will show you how the merit based system have to change for EB in my next post.
Got to go...
US workers if that is the purpose. If companies are not really displacing US workers why should they bother about this rule? This rule will certainly minimise the outsourcing by laying off people as H1b persons are required for offshore co-ordination.
Rule 3 is putting ad that is just like a Labor process in green card. It will delay h1b hiring for a month and really impact will be minimal
Those 2 rules are worth if companies can get best people in the world(that was the intention of H1b program. That is what Google and Microsoft are arguing)
With the restrictions we are getting 115 to 180k H1bs. If there is some plan for clearing backlog for gc then we can very well support CIR
Correct me if my understanding is wrong.
Hi, Senthil and Bugmenot
You said :They will allow some form of consulting and they may ban subcontracting in H1b.
Now you agree that consulting will be there. So the bill have to be tweeked or else even small american companies will shut down.
ex bearing point....
Rule 2 of restriction - Company cannot hire 6 months before or after it has laid of a person.
Impossible to be applied.
(Big companies will be affected with this, small companies like CDI, ABC.. who might hire a H1-B on their pay roll but they let them go when they are not able to find a new client that they can place that person).
Rule 3 - You have to advertise before you get an H1-B might be allowed but ignored like L1 is ignored now.
I will show you how the merit based system have to change for EB in my next post.
Got to go...
more...
Ramba
07-14 10:02 PM
--
I do not think what you are saying is correct. Ac21 does not allow you to leave before 180 days of your 485 filing.
Have you read the USCIS question? If not, read few times to understand how your interpretation is wrong.
Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?
Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate.
The bottom line is if his approved 140 is not revoked with in 180 days of filing the 485, his 485 is still valid even if ported the job with in a month after filing 485.
The RFE is trying to determine whether your former employer holds a bonafide future job open for you or not. If he/she does not then your application is not valid in your circumstances from what I know.
If you get a letter from him/her then that should be adequate, however you will also need to start work with that employer for a reasonable time afterward to be within the law.
If as you say the intent has to be there at the time of filing, then it would be easy for everyone to intend whatever the needed at the time of filing and then change their minds. It does not work that way.
The revocation of the 140 would not have been a problem if it happened after the 180 days, but would be an issue now.
I can see you are in a difficult spot. I would definitely suggest you stay honest, since they have all of your filing records etc. and if you fudge it, your petition can be denied for fraud, which could harm future applications.
Rather than relying on the advise here, you should seek out a good attorney experienced in AC21.
I do not think what you are saying is correct. Ac21 does not allow you to leave before 180 days of your 485 filing.
Have you read the USCIS question? If not, read few times to understand how your interpretation is wrong.
Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?
Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate.
The bottom line is if his approved 140 is not revoked with in 180 days of filing the 485, his 485 is still valid even if ported the job with in a month after filing 485.
The RFE is trying to determine whether your former employer holds a bonafide future job open for you or not. If he/she does not then your application is not valid in your circumstances from what I know.
If you get a letter from him/her then that should be adequate, however you will also need to start work with that employer for a reasonable time afterward to be within the law.
If as you say the intent has to be there at the time of filing, then it would be easy for everyone to intend whatever the needed at the time of filing and then change their minds. It does not work that way.
The revocation of the 140 would not have been a problem if it happened after the 180 days, but would be an issue now.
I can see you are in a difficult spot. I would definitely suggest you stay honest, since they have all of your filing records etc. and if you fudge it, your petition can be denied for fraud, which could harm future applications.
Rather than relying on the advise here, you should seek out a good attorney experienced in AC21.
hot 377 Animated Mobile Wallpapers
onemorecame
10-15 01:18 PM
any one got approval after submitting recent RFE?
more...
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retrohatao
02-03 09:40 AM
I have not heard from any of the moderators/forum organizers on this. Does that mean immigrationvoice is NOT FOR "name check" affected immigrants?
tattoo animated mobile wallpaper.
sanjeev_2004
11-21 11:22 AM
May ask you why you joined this organization if you say that only sick people are frustrated with the delay in GC. By that logic all of us are sick people! I think your comment was made in bad taste and crticizes all the hard work this organization and its members are doing.
I am sorry for it if you took my comment that way. I also realize that this organization is doing great. I only want to say be should not be sick because of just GC. you should be sick if you are not responsible for you wife and kids. you should be sick if you are not responsible for your family back in India. you should be sick if you are not responsible for your country. you could be most intellegent person in the world but if you are not responsible then you should worried. Richness, intelligency and responsibility is great combination but to be a great person you dont have to be rich and intellegent.
I am sorry for it if you took my comment that way. I also realize that this organization is doing great. I only want to say be should not be sick because of just GC. you should be sick if you are not responsible for you wife and kids. you should be sick if you are not responsible for your family back in India. you should be sick if you are not responsible for your country. you could be most intellegent person in the world but if you are not responsible then you should worried. Richness, intelligency and responsibility is great combination but to be a great person you dont have to be rich and intellegent.
more...
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123Wait
12-22 11:06 AM
Folks, I didn't worked for an year(2001) due to, you know what I am saying....
Now I am afraid that I would get an RFE because of that. Do you think that I need to worry about it? :(
Did you apply 140/485 to NSC or TSC? Did your lawyer know about this?
Now I am afraid that I would get an RFE because of that. Do you think that I need to worry about it? :(
Did you apply 140/485 to NSC or TSC? Did your lawyer know about this?
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chanduv23
03-07 06:23 AM
From what I understand, Rajiv and Sheela are highly experienced and know AC21 in detail. They have seen successful AC21 cases and thats the reason they are pretty confident.
It is always safe to keep all paperwork intact and updating USCIS during job change but there is also possibility that it increases burden if you keep changing multiple jobs.
A good way of invoking AC21 is
(1) Have the Attorney prepare the letter template - Attorney will make sure the letter is right.
(2) have it signed from your employer - this should not be a problem - I have noticed that employers have issues with h1b visa because they require extensive paperwork and money, but signing a letter must not be an issue.
A lot of employers are not aware of AC21/EAD and may get worried. But there is absolutely no issue. All you do is to educate them. So many people have started using EAD and changing jobs and slowly eployers will understand this concept.
It is always safe to keep all paperwork intact and updating USCIS during job change but there is also possibility that it increases burden if you keep changing multiple jobs.
A good way of invoking AC21 is
(1) Have the Attorney prepare the letter template - Attorney will make sure the letter is right.
(2) have it signed from your employer - this should not be a problem - I have noticed that employers have issues with h1b visa because they require extensive paperwork and money, but signing a letter must not be an issue.
A lot of employers are not aware of AC21/EAD and may get worried. But there is absolutely no issue. All you do is to educate them. So many people have started using EAD and changing jobs and slowly eployers will understand this concept.
more...
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somegchuh
12-27 03:28 PM
I think the bottomline is not having a GC causes you so much general grief in life that even if you were in a perfect job on H1 and your spouse had a perfect job on H1, you would still want GC just to circumvent these issues with transit and financial institutions.
I know every time my wife or I fly anywhere, we are concerned about transit visas. Anytime you try to open an account, you are concerned. Different state DMV's act differently. Heck, even people in same DMV office in same city interpret rules differently when it comes to H1. I know ppl who have had trouble in CA getting a license because their H1 extension pending and I know ppl whose licenses were mailed to them with validity for another 5 years!
I know every time my wife or I fly anywhere, we are concerned about transit visas. Anytime you try to open an account, you are concerned. Different state DMV's act differently. Heck, even people in same DMV office in same city interpret rules differently when it comes to H1. I know ppl who have had trouble in CA getting a license because their H1 extension pending and I know ppl whose licenses were mailed to them with validity for another 5 years!
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waitnwatch
07-28 04:16 PM
Admin Please Please Please Please Please Please Please Please Please Please Please Please Please Please Closeee this Threadddddd
Why do you need to close the thread............It appears to be the greatest stressbuster currently available on IV:D
Why do you need to close the thread............It appears to be the greatest stressbuster currently available on IV:D
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rock
06-23 10:25 AM
For AP it doesn't matter approved I-140 or not. For EAD it's safer not to use it till I-140 approval. I would apply for it and hold just in case. Also your spouse can use EAD without I-140 approval, she/he can switch back to H4 if 140 is denied. I's critical for main applicant to maintain H1/L1 status.
Yes, you can continue to file and use AD and AP while dates retrogressed. Thanks Volemar for the reply. Do you have any official link for both these answers? I just want to apply EAD along with I-140 and I-485. I will not use EAD until the I-140 is approved. Every time I talk to my employer and attorney, they always ask me about the proof in form of any official uscis link for any damn thing.
Any help would be highly appreciated.
Yes, you can continue to file and use AD and AP while dates retrogressed. Thanks Volemar for the reply. Do you have any official link for both these answers? I just want to apply EAD along with I-140 and I-485. I will not use EAD until the I-140 is approved. Every time I talk to my employer and attorney, they always ask me about the proof in form of any official uscis link for any damn thing.
Any help would be highly appreciated.
cool4maverick
05-23 02:18 PM
While I wait for GC and chewed up all finger nails, I thought its good time to think about adding a qualification to myself.
I do not want to spend rest of my life in development. :cool:
I was doing some research on Online MBA (no..not the diploma mills or degree printing ones)
My criteria was,
1) Institutions that require GMAT
2) AACSB Accredited
3) Has some sensible ranking in USNews or Financial Times or Business Week
4) Can be done without leaving current job (occasional visit to universities are fine with me)
Here are the universities I came up
1) Warrington College of Business, Florida (USNEWS ranking)
2) WP Carey, Arizona State University (USNEWS ranking)
3) Kelley Direct, Indiana University (highly regarded)
4) Penn State World Campus MBA
And then there are many $$ category colleges which I didnt bother to check..I can't pay those fees :)
Now, can any one suggest or comment or refer to any other college?
Also, what kind of disciplines we should check in an MBA..I dont know if MBA finance will be good..as such I have no preferences. (anything related to Investment banking etc will be good though)
Why waste time and energy in an online MBA, which in general does not have good reputation. One of the key things of an MBA is the interaction with other members, and an online MBA cannot provide you that environment.
I do not want to spend rest of my life in development. :cool:
I was doing some research on Online MBA (no..not the diploma mills or degree printing ones)
My criteria was,
1) Institutions that require GMAT
2) AACSB Accredited
3) Has some sensible ranking in USNews or Financial Times or Business Week
4) Can be done without leaving current job (occasional visit to universities are fine with me)
Here are the universities I came up
1) Warrington College of Business, Florida (USNEWS ranking)
2) WP Carey, Arizona State University (USNEWS ranking)
3) Kelley Direct, Indiana University (highly regarded)
4) Penn State World Campus MBA
And then there are many $$ category colleges which I didnt bother to check..I can't pay those fees :)
Now, can any one suggest or comment or refer to any other college?
Also, what kind of disciplines we should check in an MBA..I dont know if MBA finance will be good..as such I have no preferences. (anything related to Investment banking etc will be good though)
Why waste time and energy in an online MBA, which in general does not have good reputation. One of the key things of an MBA is the interaction with other members, and an online MBA cannot provide you that environment.
snowshoe
05-09 05:18 AM
Good to see a fellow chapter member get a green card.
All the best and hope you will continue your support for PA-IV as always
Thanks Bala and webm. Congrats yganreddy!
I was watching a few cases with RD and PD close to my application on , many of them seem to have been approved in the last two days. In total there are 20+ approvals (for EB2/EB3 India) reported on for the last 2 days, most coming from TSC.
All the best and hope you will continue your support for PA-IV as always
Thanks Bala and webm. Congrats yganreddy!
I was watching a few cases with RD and PD close to my application on , many of them seem to have been approved in the last two days. In total there are 20+ approvals (for EB2/EB3 India) reported on for the last 2 days, most coming from TSC.