sledge_hammer
05-29 11:11 AM
1] To date there are 60K EB2I and another 60K EB3I I-485 applictaions pending.
2] 3.2K visas were available for EB2I for FY2009.
Assuming 3.2K visas are available every year from now on, it will take 60/3.2=18.75 years for all EB2I applicants upto today to be granted GC.
Unbelievable!
2] 3.2K visas were available for EB2I for FY2009.
Assuming 3.2K visas are available every year from now on, it will take 60/3.2=18.75 years for all EB2I applicants upto today to be granted GC.
Unbelievable!
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rajsenthil
09-04 05:57 AM
"Jayapaul Reddy Vadicherla" This is to warn you on any personal disturbing mesgs
Mr. or Mrs, so called "TrueFacts", you must be ashamed of your own thoughts. On seeing this thread, you created a fake account and became a keyboard warrior. Why? What is your other avatar? Are you suffering from multiple personality syndrome?
I expect to have little decency from "intellectuals" (pseudo?) to have some respect or atleast ignore a person who died. If you dont have that decency and let out your anger on a dead person, hehe, you all must be a real "BRAVE" person.
P.S: If it helps, I am not from AP but from TN. I have lot of good friends from AP and want to share their feelings. I really don't care if Advani, Vajpayee, Sonia or Manmohan, live or die but my decency prevents criticizing them after death.
Mr. or Mrs, so called "TrueFacts", you must be ashamed of your own thoughts. On seeing this thread, you created a fake account and became a keyboard warrior. Why? What is your other avatar? Are you suffering from multiple personality syndrome?
I expect to have little decency from "intellectuals" (pseudo?) to have some respect or atleast ignore a person who died. If you dont have that decency and let out your anger on a dead person, hehe, you all must be a real "BRAVE" person.
P.S: If it helps, I am not from AP but from TN. I have lot of good friends from AP and want to share their feelings. I really don't care if Advani, Vajpayee, Sonia or Manmohan, live or die but my decency prevents criticizing them after death.
gc28262
01-13 07:20 PM
Here is why this memo has come up
MurthyDotCom : Senator Grassley and USCIS Response on H1B Fraud & Related Issues (http://www.murthy.com/news/n_grassl.html) Dated Dec 11 2009
The Senator's letter voices concerns that, in the year since that report, the USCIS has not issued guidance to adjudicators as to the specific evidence they are to gather from H1B petitioners to address the fraud / compliance concerns. The letter specifically focuses on employers (consulting companies) that place their workers at third-party worksites, and suggests that it is necessary to provide copies of relevant contracts to establish that there is work to be performed immediately upon the arrival of these workers, and to establish that the work is at the locations specified in the labor condition applications (LCAs) that underlie these cases.
Further Guidance for USCIS Adjudicators is Coming
Further guidance for adjudicators is forthcoming from the USCIS. It will lay out appropriate types of evidence to be requested when an H1B petition does not have complete documentation of the specific work assignment to be performed by the H1B worker. This guidance will be aimed at assisting the adjudicator in identifying cases in which proper employment exists. Speculative employment, when an employer's plan is to attempt placing an individual in an assignment at a later date, is not acceptable. The guidance will also give instructions on requesting proof that the employer has been paying the required wage, and otherwise complying with the H1B program. Included in this will be instructions regarding the requirement to file an amended H1B petition where there is a material change in employment.
Of course these are just appetizers for H1B holders on Senator Grassley's menu.
Guess who is advising these lawmakers on H1B reform. Anti-immigrants themselves.
MurthyDotCom : Senator Grassley and USCIS Response on H1B Fraud & Related Issues (http://www.murthy.com/news/n_grassl.html) Dated Dec 11 2009
The Senator's letter voices concerns that, in the year since that report, the USCIS has not issued guidance to adjudicators as to the specific evidence they are to gather from H1B petitioners to address the fraud / compliance concerns. The letter specifically focuses on employers (consulting companies) that place their workers at third-party worksites, and suggests that it is necessary to provide copies of relevant contracts to establish that there is work to be performed immediately upon the arrival of these workers, and to establish that the work is at the locations specified in the labor condition applications (LCAs) that underlie these cases.
Further Guidance for USCIS Adjudicators is Coming
Further guidance for adjudicators is forthcoming from the USCIS. It will lay out appropriate types of evidence to be requested when an H1B petition does not have complete documentation of the specific work assignment to be performed by the H1B worker. This guidance will be aimed at assisting the adjudicator in identifying cases in which proper employment exists. Speculative employment, when an employer's plan is to attempt placing an individual in an assignment at a later date, is not acceptable. The guidance will also give instructions on requesting proof that the employer has been paying the required wage, and otherwise complying with the H1B program. Included in this will be instructions regarding the requirement to file an amended H1B petition where there is a material change in employment.
Of course these are just appetizers for H1B holders on Senator Grassley's menu.
Guess who is advising these lawmakers on H1B reform. Anti-immigrants themselves.
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indio0617
06-28 07:31 PM
Like I said, after AILA's memo came out yesterday, all the lawyers who were saying "it wont happen" have suddenly flipped and now they are saying "Anything can happen".
Sometimes I wonder what are we paying them for if we have to send them URL from AILA about various memos and directives? Isnt it a part of job description to keep an eye out on what's going on at USCIS ? It is available on websites for the whole world to see after all. I wonder how efficient these lawyers were when Internet didnt exist and everything was thru phones and postal services.
And ever since the dates got current for the whole world in July, lawyers are snapping back when you email/call them as if its our fault that dates suddenly became current for the whole world ? If its too much burden, then maybe its time to look for some other profession. No one is putting a gun on your head saying : "Be an immigration lawyer".
It is all about job stability and ego. They can act ignorant and slow and trap their clients in this perpetual state of anxiety. That is what their strategy is all about.
If we (highly skilled and informed) suffer so much at their hands, imagine the plight of millions of undocumented immigrants who are at their mercy.
Sometimes I wonder what are we paying them for if we have to send them URL from AILA about various memos and directives? Isnt it a part of job description to keep an eye out on what's going on at USCIS ? It is available on websites for the whole world to see after all. I wonder how efficient these lawyers were when Internet didnt exist and everything was thru phones and postal services.
And ever since the dates got current for the whole world in July, lawyers are snapping back when you email/call them as if its our fault that dates suddenly became current for the whole world ? If its too much burden, then maybe its time to look for some other profession. No one is putting a gun on your head saying : "Be an immigration lawyer".
It is all about job stability and ego. They can act ignorant and slow and trap their clients in this perpetual state of anxiety. That is what their strategy is all about.
If we (highly skilled and informed) suffer so much at their hands, imagine the plight of millions of undocumented immigrants who are at their mercy.
more...
grupak
12-14 05:05 PM
Simple. If it wasn't for that ceiling the vast majority of the visas will go to applicants from the oversubscribed countries. Now this is not a bad thing if the visas are in unlimited supply. But since that's not the case, the country ceiling ensures that even people from smaller nations will get an equal oportunity to claim a visa before all the visa are grabbed by their BIG brothers and sisters. And what's more what ever is left is given back to the oversubscribed countries.
How can you call that unfair? Is it fair to deprive a person from a smaller country, equal chance to have go at his GC?
Country quota for family based immigration prevents giving any nationality a head start in cornering all the GC for themselves. And country quota to promote diversity makes sense because the basis of GC is family ties.
Employment based GC is based on employer filing for GC. Skilled people can come from all over the globe. The basis is skill. Even without a country quota, a small country with educated and skilled workers are not at any disadvantage compared to a large country with poorly trained workers. So, I do not understand your argument how the BIG countries are going to monopolize employment based GC. No nationality has a birth claim on skill. We are here because of our skills not our nationality.
Let us not repeat the arguments of anti-immigrant restrictionist groups like PG.
How can you call that unfair? Is it fair to deprive a person from a smaller country, equal chance to have go at his GC?
Country quota for family based immigration prevents giving any nationality a head start in cornering all the GC for themselves. And country quota to promote diversity makes sense because the basis of GC is family ties.
Employment based GC is based on employer filing for GC. Skilled people can come from all over the globe. The basis is skill. Even without a country quota, a small country with educated and skilled workers are not at any disadvantage compared to a large country with poorly trained workers. So, I do not understand your argument how the BIG countries are going to monopolize employment based GC. No nationality has a birth claim on skill. We are here because of our skills not our nationality.
Let us not repeat the arguments of anti-immigrant restrictionist groups like PG.
GCMan007
06-28 06:48 PM
and everyone started having a sane discussion...
hope fully this would help
http://www.imminfo.com/resources/cissop.html
Read couple of pages forward....thanks Ramba
http://www.imminfo.com/resources/cis-sop-aos/1-16.html
According to this manual..visa availability is determined by Visa bulletin ALONE..no where it mentions to look for an interin memo from INS..
hope fully this would help
http://www.imminfo.com/resources/cissop.html
Read couple of pages forward....thanks Ramba
http://www.imminfo.com/resources/cis-sop-aos/1-16.html
According to this manual..visa availability is determined by Visa bulletin ALONE..no where it mentions to look for an interin memo from INS..
more...
walking_dude
02-13 01:38 PM
It has been repeated 'Ad Nauseam' times. IVs agenda includes all of these -
1) Increasing GC numbers
2) Recapturing numbers and instituting permanent Rollover mechanisms
3) Eliminate country quotas.
IV understands that removing just the country quota will impact ROW badly if visa numbers are not increased in tandem. Hence you always see the three points being proposed together. These 3 have to go together. A compromise between ROW and oversubscribed countries.
But some ROW members keep trying to split the movement by opposing removal of country quotas ( which is point 2 in IV agenda) at every possible opportunity. Real way to build a coalition is through compromise. And in a compromise you can't get all you want. Don't expect the majority to heed all your demands.
Be a little appreciative of the sufferings of others. If you think a little extra time you need to spend in the queue is turning you so angry, what goes in the mind of a person who has to spend twice or thrice as much time in the same queue, for no fault of his/hers?
Don't BS on 'diversity'. There is already a 'diversity visa' which Indians & Chinese cannot use. Want to come under diversity? Apply in the lottery. Be a little humane and think about the suffering of others. May be you'll see the light. You are not going to win many friends by alleging "an agenda by some country". It's preposturous, laughable and Dobbsian ( like Lou Dobbs alleged "invasion by Mexicans")
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.
1) Increasing GC numbers
2) Recapturing numbers and instituting permanent Rollover mechanisms
3) Eliminate country quotas.
IV understands that removing just the country quota will impact ROW badly if visa numbers are not increased in tandem. Hence you always see the three points being proposed together. These 3 have to go together. A compromise between ROW and oversubscribed countries.
But some ROW members keep trying to split the movement by opposing removal of country quotas ( which is point 2 in IV agenda) at every possible opportunity. Real way to build a coalition is through compromise. And in a compromise you can't get all you want. Don't expect the majority to heed all your demands.
Be a little appreciative of the sufferings of others. If you think a little extra time you need to spend in the queue is turning you so angry, what goes in the mind of a person who has to spend twice or thrice as much time in the same queue, for no fault of his/hers?
Don't BS on 'diversity'. There is already a 'diversity visa' which Indians & Chinese cannot use. Want to come under diversity? Apply in the lottery. Be a little humane and think about the suffering of others. May be you'll see the light. You are not going to win many friends by alleging "an agenda by some country". It's preposturous, laughable and Dobbsian ( like Lou Dobbs alleged "invasion by Mexicans")
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.
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ryan
08-17 08:38 PM
True greatness is shown by humility, not pride.
Al Gore, Kalam, etc are great personalities.
SRK nah!!
Thousands of South Asians have gone through same treatment.
Growup SRK, don't be such a baby :D.
I have never watched his movies, and i got one more reason not to watch "My name is Khan".
Nicely said mate. I cannot believe the kind of people who're on this forum. Some love to beat you up with all those reds for honest thoughts on someone quite insignificant, like an SRK. He is a guy who gives a hoot and remain oblivious to your dilemma or your struggles and in all probability used the alleged incident at EWR as a Public relations stunt for his new movie. Goes to show some of you truly have no self esteem in yourself. Unfortunate.
Al Gore, Kalam, etc are great personalities.
SRK nah!!
Thousands of South Asians have gone through same treatment.
Growup SRK, don't be such a baby :D.
I have never watched his movies, and i got one more reason not to watch "My name is Khan".
Nicely said mate. I cannot believe the kind of people who're on this forum. Some love to beat you up with all those reds for honest thoughts on someone quite insignificant, like an SRK. He is a guy who gives a hoot and remain oblivious to your dilemma or your struggles and in all probability used the alleged incident at EWR as a Public relations stunt for his new movie. Goes to show some of you truly have no self esteem in yourself. Unfortunate.
more...
amoljak
10-24 10:17 AM
Ok got it thanks Amoljak
So then that is the only way one can SELL you an approved LC?
Yes... other than some rare outright frauds who make counterfeit LCs etc. But they always get caught, because their scams are so stupid...
So then that is the only way one can SELL you an approved LC?
Yes... other than some rare outright frauds who make counterfeit LCs etc. But they always get caught, because their scams are so stupid...
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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...
unitednations
02-13 05:41 PM
In the first three quarter the 'heavy' countries(India/China) would get numbers until the 7% caps hits and in the fourth quarter they would get the big chunck...
If the law contains a 'continous recapture' provision( anything not used this year get recaptured again immediately for next year...) then it would not be long befor e all categories become current....By the way 'continous recapture' is one of the IV goals...
Pl. Correct me if I am wrong....
Now I have really started to appreciate the IV goals listed on the front page.....
IV core team have gone through all this junk long before we got started and the goals take care of every point raised until now....
As a business person; I don't agree with country limits. I understand why they are there but I don't think they should be.
Continuous recapture of unused visas is a good goal. It makes sense and isn't a controversial topic.
Regarding: Goals - very few people look out for the greater good of everyone. I myself think if I was looking out for the greater good of everyone; I wouldn't focus on EB relief but rather other areas of immigration (greencard holder spouse issue; dream act, undocumented, etc.). Don't jump on me for saying this but I had written in another posting that of all the people who are disadvantaged with immigration; it would appear that eb candidates are the least disadvantaged of all.
If the law contains a 'continous recapture' provision( anything not used this year get recaptured again immediately for next year...) then it would not be long befor e all categories become current....By the way 'continous recapture' is one of the IV goals...
Pl. Correct me if I am wrong....
Now I have really started to appreciate the IV goals listed on the front page.....
IV core team have gone through all this junk long before we got started and the goals take care of every point raised until now....
As a business person; I don't agree with country limits. I understand why they are there but I don't think they should be.
Continuous recapture of unused visas is a good goal. It makes sense and isn't a controversial topic.
Regarding: Goals - very few people look out for the greater good of everyone. I myself think if I was looking out for the greater good of everyone; I wouldn't focus on EB relief but rather other areas of immigration (greencard holder spouse issue; dream act, undocumented, etc.). Don't jump on me for saying this but I had written in another posting that of all the people who are disadvantaged with immigration; it would appear that eb candidates are the least disadvantaged of all.
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nixstor
07-03 05:23 PM
http://digg.com/politics/Rep_Lofgren_Issues_Statement_on_Updated_Visa_Bulle tin
more...
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samay
07-15 05:10 PM
Dear Attorney,
A million thanks for this website. I have a unique problem and I humbly request your expert advice on my situation.
I am a physical therapist from India who got 221(g) after H1B interview. 221g tells me to take and pass the physical therapy licensing exam before they could issue the visa. I have Visa Screen certificate from CGFNS, educational equivalency report and approval letter to take NPTE exam(licensing exam) from physical therapy state board of Maryland.
The problem is that, licensing exam is offered only in US mainland and to take the exam they should have given me H1B visa. I even submitted to the consular officer, USCIS memo on H-1B Specialty Occupation Licensure Requirements dated March 21, 2008 regarding 1 year temporary approval, still she gave me 221g.
One more interesting thing is that 3 of my friends who had the H1B interview with the same set of documents and without licence, with other consular officers on same day, was stamped visa without a question on licence.
Kindly advice me if there is any way I shall sucessfully appeal on 221(g) and get the H1B visa stamped. Thank you very much in advance and god bless you. With lots of regards,
John
Do you have an attorney. If yes then contact him if not then please contact me and we can discus your successful appeal.
A million thanks for this website. I have a unique problem and I humbly request your expert advice on my situation.
I am a physical therapist from India who got 221(g) after H1B interview. 221g tells me to take and pass the physical therapy licensing exam before they could issue the visa. I have Visa Screen certificate from CGFNS, educational equivalency report and approval letter to take NPTE exam(licensing exam) from physical therapy state board of Maryland.
The problem is that, licensing exam is offered only in US mainland and to take the exam they should have given me H1B visa. I even submitted to the consular officer, USCIS memo on H-1B Specialty Occupation Licensure Requirements dated March 21, 2008 regarding 1 year temporary approval, still she gave me 221g.
One more interesting thing is that 3 of my friends who had the H1B interview with the same set of documents and without licence, with other consular officers on same day, was stamped visa without a question on licence.
Kindly advice me if there is any way I shall sucessfully appeal on 221(g) and get the H1B visa stamped. Thank you very much in advance and god bless you. With lots of regards,
John
Do you have an attorney. If yes then contact him if not then please contact me and we can discus your successful appeal.
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meridiani.planum
03-29 10:17 PM
India- by happily showing how democracy can be at its... you guessed it, "worst"
Dont agree?? True Democracy, implies "for the people and by the people", right?
well in India its a tiny bit different...."For the thugs and by the thugs"
and in the US the government is by the corporations and for the corporations (why are they the leading campaign contributors otherwise, and why do they all get tax payer funded bailouts and bonuses otherwise?). The US is no better.
Power corrupts. Almost every government is corrupt.
Dont agree?? True Democracy, implies "for the people and by the people", right?
well in India its a tiny bit different...."For the thugs and by the thugs"
and in the US the government is by the corporations and for the corporations (why are they the leading campaign contributors otherwise, and why do they all get tax payer funded bailouts and bonuses otherwise?). The US is no better.
Power corrupts. Almost every government is corrupt.
more...
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Macaca
06-27 11:03 AM
From pages 36-37 of CIS Ombudsman's 2007 Annual Report to Congress (http://www.dhs.gov/xlibrary/assets/CISOMB_Annual%20Report_2007.pdf).
In the 2006 Annual Report (at p. 16, AR 2006 -- 02), the Ombudsman also recommended that USCIS assign visa numbers to employment-based green card applications as applicants file them. The Ombudsman continues to recommend that USCIS work with DOS to reinstate that process which existed in the early 1980s, wherein DOS issued visa numbers for both employment and family-based applications for applicants as they applied rather than as they were approved. This process would ensure that USCIS does not accept more applications than the number of visas available.
With respect to the recommendation that USCIS assign visa numbers to cases as they are received, the process the Ombudsman describes was the process in place a number of years ago. DOS, which manages overall visa number allocations, modified that process to the procedure in effect today. It is their policy to allocate visa numbers to USCIS adjustment cases only as the point of approval is reached.
However, through the tri-agency meetings, DOS explained that the modification to the program occurred in the early 1980s because INS could not adhere to the requirements to return unused visa numbers immediately. The Ombudsman understands that DOS prefers that cases are reported qualified for a visa earlier than at approval. In the last several months, there have been several suggestions on how to accomplish that task, but operational concerns remain. The Ombudsman hopes that USCIS and DOS can reestablish the older program with improved processing and technology to ensure timely and accurate reporting of cases ready-to-issue and to prevent the future loss of visa numbers.
In the 2006 Annual Report (at p. 16, AR 2006 -- 02), the Ombudsman also recommended that USCIS assign visa numbers to employment-based green card applications as applicants file them. The Ombudsman continues to recommend that USCIS work with DOS to reinstate that process which existed in the early 1980s, wherein DOS issued visa numbers for both employment and family-based applications for applicants as they applied rather than as they were approved. This process would ensure that USCIS does not accept more applications than the number of visas available.
With respect to the recommendation that USCIS assign visa numbers to cases as they are received, the process the Ombudsman describes was the process in place a number of years ago. DOS, which manages overall visa number allocations, modified that process to the procedure in effect today. It is their policy to allocate visa numbers to USCIS adjustment cases only as the point of approval is reached.
However, through the tri-agency meetings, DOS explained that the modification to the program occurred in the early 1980s because INS could not adhere to the requirements to return unused visa numbers immediately. The Ombudsman understands that DOS prefers that cases are reported qualified for a visa earlier than at approval. In the last several months, there have been several suggestions on how to accomplish that task, but operational concerns remain. The Ombudsman hopes that USCIS and DOS can reestablish the older program with improved processing and technology to ensure timely and accurate reporting of cases ready-to-issue and to prevent the future loss of visa numbers.
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vdlrao
09-17 02:18 PM
Hi VDLRAO,
Couple of months back you were very optimistic about EB2 I will be current soon, what were the things influencing your thoughts.
Do you think EB2 I, will not be crossing 2005 by September 2010 ?
By september 2010 EB2 India will surely enters into 2006.
Couple of months back you were very optimistic about EB2 I will be current soon, what were the things influencing your thoughts.
Do you think EB2 I, will not be crossing 2005 by September 2010 ?
By september 2010 EB2 India will surely enters into 2006.
more...
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geevikram
11-09 11:41 PM
I would love to see how close is Sachug with his predictions once Dec bulletin comes through..
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unitednations
02-18 08:46 PM
As per the facts first baby boomers will start collecting benefits in 2008 and by 2020 when most boomers are 60+ there will be 2.6 workers paying social security and medicare for every retiree versus 5 workers now
Is there anybody looking at this angle for increasing GC cap/upper limit ??
This is actually a pretty good argument/statistic. However; it isn't specific to employment base but rather to worldwide level of immigration from all sources.
Is there anybody looking at this angle for increasing GC cap/upper limit ??
This is actually a pretty good argument/statistic. However; it isn't specific to employment base but rather to worldwide level of immigration from all sources.
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rkartik78
07-18 05:55 PM
Dear Attorney,
I work in a Semiconductor company in Arizona. My company filed for my Labor and i140 (i140 approved in july 2008). Last July, I filed i485 for me and my wife. My H1B expired in May of 2008 and I am now on EAD status. I want to take up a part time job during weekends and weekdays after my Primary work hours. This new job is in no way connected to what I do in my primary job duties and is totally different from the description given in the labor cert. I want to know if it would be ok for me to take up such a part time job and make sure that no problem arises during my i-485 adjudication.
Thanks
I work in a Semiconductor company in Arizona. My company filed for my Labor and i140 (i140 approved in july 2008). Last July, I filed i485 for me and my wife. My H1B expired in May of 2008 and I am now on EAD status. I want to take up a part time job during weekends and weekdays after my Primary work hours. This new job is in no way connected to what I do in my primary job duties and is totally different from the description given in the labor cert. I want to know if it would be ok for me to take up such a part time job and make sure that no problem arises during my i-485 adjudication.
Thanks
smuggymba
10-15 03:37 PM
logon ke muh mein ghee shakkar:)
paskal
07-18 08:38 PM
Hi Paskal,
We dont have any official source of available visas for EB2 India as of now.
But based on the information availale it seems there would be about 30k visas, which are about 10 times more than what its been now (3,267 VISAS for EB2 India), available for EB2 India. Even though China shares with us for these visas, it would be minimal for china sharing as because china had already a cutoff date of Jan 2006 by Jul 2007. EB2 India has to be current pretty soon as of the increase in visa numbers allotment to almost about 10 times due to the horizontal fallout.
We need your inputs as well, on this calculation of estimated visas for EB2 India.
.................................................. ...
Originally Posted by sumagiri :
There are some significant flaws in your analysis. If you correct them, the number comes to around 25K.
First. The family spill over has to be applied to all categories. So the total number is 140,000 + 19,000.
Second. You calculated EB1/2/3 gets 1/3 which is not correct. They use only 28.6% not 33.3% This makes difference.
Third. The EB1+EB2 combined 70K already counted 9,800 visas for India. We should not add them again.
According to USCIS/DOS testimonies they will usually end up using only 95% of total quota. They go conservatively because they must ensure that they won't use up even a single visa more than what law allows.So total available is approximately 159000*.95 = 151050
Third. EB1, EB2, EB3 each will get 28.6%. Not one third (33.3%). That makes lot of difference. So each category will get around 43,200.
EB4 and EB5 combined will get around 21,449
Now again, going by statistics and your assumptions that EB1 and EB2 takes up 70K and EB4, EB5 takes up around 10K. The unused visas are
((43,200*2)+21,449) - (70,000+10000) = 27849.
So the total EB2 visa usage will be around 70K + 25K =95K.
http://immigrationvoice.org/forum/showthread.php?t=20167&highlight=vdlrao&page=7
but the spillover is done quarterly per USCIS.
we do not know how much of the stimated 20K (for India, assuming the erst is China) is already used up, assuming this is the total number if unused GC for the year.
We dont have any official source of available visas for EB2 India as of now.
But based on the information availale it seems there would be about 30k visas, which are about 10 times more than what its been now (3,267 VISAS for EB2 India), available for EB2 India. Even though China shares with us for these visas, it would be minimal for china sharing as because china had already a cutoff date of Jan 2006 by Jul 2007. EB2 India has to be current pretty soon as of the increase in visa numbers allotment to almost about 10 times due to the horizontal fallout.
We need your inputs as well, on this calculation of estimated visas for EB2 India.
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Originally Posted by sumagiri :
There are some significant flaws in your analysis. If you correct them, the number comes to around 25K.
First. The family spill over has to be applied to all categories. So the total number is 140,000 + 19,000.
Second. You calculated EB1/2/3 gets 1/3 which is not correct. They use only 28.6% not 33.3% This makes difference.
Third. The EB1+EB2 combined 70K already counted 9,800 visas for India. We should not add them again.
According to USCIS/DOS testimonies they will usually end up using only 95% of total quota. They go conservatively because they must ensure that they won't use up even a single visa more than what law allows.So total available is approximately 159000*.95 = 151050
Third. EB1, EB2, EB3 each will get 28.6%. Not one third (33.3%). That makes lot of difference. So each category will get around 43,200.
EB4 and EB5 combined will get around 21,449
Now again, going by statistics and your assumptions that EB1 and EB2 takes up 70K and EB4, EB5 takes up around 10K. The unused visas are
((43,200*2)+21,449) - (70,000+10000) = 27849.
So the total EB2 visa usage will be around 70K + 25K =95K.
http://immigrationvoice.org/forum/showthread.php?t=20167&highlight=vdlrao&page=7
but the spillover is done quarterly per USCIS.
we do not know how much of the stimated 20K (for India, assuming the erst is China) is already used up, assuming this is the total number if unused GC for the year.
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