samay
07-30 10:13 AM
Dear Samay,
Thanks for your quick reply.
One more question, Can I apply for H1B Transfer while my H1B Extension already pending with USCIS and my I-94 also expired. (I have only my EAD and AP valid)
Thank you so very much.
Regards,
Watzgc
Yes you can.
Thanks for your quick reply.
One more question, Can I apply for H1B Transfer while my H1B Extension already pending with USCIS and my I-94 also expired. (I have only my EAD and AP valid)
Thank you so very much.
Regards,
Watzgc
Yes you can.
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CADude
02-13 01:15 AM
it's classic problem of supply demand and least resistance path.
USCIS provides 3K/each category Visa# per country. What ever USCIS will do you can't fit 200K application in 9K/annum visa#.
Last 3 years(since dec 2005) - EB3 India PD is beyond May 08 2001 only for three months and EB2 is enjoying the benefits of GC. Anyone noticed. NONE. So what happened, many EB3 choosen for convert to EB2 path. Now EB2 India is U so many guys degree with PhD, etc trying for EB1. It human nature and nothing wrong with it. Everyone wants GC ASAP.
So bottomline, Demand is very high compare to Supply. unless USCIS get significant visa# nothing will change.
USCIS provides 3K/each category Visa# per country. What ever USCIS will do you can't fit 200K application in 9K/annum visa#.
Last 3 years(since dec 2005) - EB3 India PD is beyond May 08 2001 only for three months and EB2 is enjoying the benefits of GC. Anyone noticed. NONE. So what happened, many EB3 choosen for convert to EB2 path. Now EB2 India is U so many guys degree with PhD, etc trying for EB1. It human nature and nothing wrong with it. Everyone wants GC ASAP.
So bottomline, Demand is very high compare to Supply. unless USCIS get significant visa# nothing will change.
eb3_nepa
10-24 01:18 PM
This discussion was started by EXACTLY like a "HOWSTUFFWORKS" quesion. Unforutunately it has ballooned into a "Ethics" question!!
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snathan
08-16 06:03 PM
Well i want to see a day when you are held up in secondary for 1.5 hours and then tell us your opinion.
Your post is biased in the sense you trust everything thats coming out from immigration CBP but nothing that comes from Shahrukh. I want to know how did they count 66 mins accurately?
A) was it time from standing in queue to being released?
B_ Was it time of primary + secondary
C) was it time of secondary only?
Did they have stop watch from the time shahrukh entered the building?
Even if he is detained for sixty hours how its matter for GOI. Are they coming to rescue if you or me detained for 2 hrs...why only for SRK..?
Your post is biased in the sense you trust everything thats coming out from immigration CBP but nothing that comes from Shahrukh. I want to know how did they count 66 mins accurately?
A) was it time from standing in queue to being released?
B_ Was it time of primary + secondary
C) was it time of secondary only?
Did they have stop watch from the time shahrukh entered the building?
Even if he is detained for sixty hours how its matter for GOI. Are they coming to rescue if you or me detained for 2 hrs...why only for SRK..?
more...
morchu
06-05 12:52 PM
It is very clear that there is absolutely no meaning for "quota" on 485 applicants.
They are allowed to continue to stay in US forever, from the date of their application (assuming the case is good, and eventually will be approved, when visa is available).
So the whole argument about "diversity" or even "controlled immigration" doesn't stand, since the 485 applicants are here permanently "except" for an official "GC card".
The only thing the "quota" does is creating "uncertainty" in the mind of genuine applicants. This causes less spending, less home buying and eventually causing bad for the US economy. This just creates a second layer of "tax-payers" who have extremely high "purchase power", but doesn't utilize their purchase power, due to "uncertainity"
I wonder why the politicians doesn't realize this simple fact yet?
They either shouldn't allow 485's to wait in US (for diversity & controlled immigration claim), or should just remove the quota for 485's, and let them live their lives & utilize their purchase power to help US economy.
They are allowed to continue to stay in US forever, from the date of their application (assuming the case is good, and eventually will be approved, when visa is available).
So the whole argument about "diversity" or even "controlled immigration" doesn't stand, since the 485 applicants are here permanently "except" for an official "GC card".
The only thing the "quota" does is creating "uncertainty" in the mind of genuine applicants. This causes less spending, less home buying and eventually causing bad for the US economy. This just creates a second layer of "tax-payers" who have extremely high "purchase power", but doesn't utilize their purchase power, due to "uncertainity"
I wonder why the politicians doesn't realize this simple fact yet?
They either shouldn't allow 485's to wait in US (for diversity & controlled immigration claim), or should just remove the quota for 485's, and let them live their lives & utilize their purchase power to help US economy.
prem_goel
06-12 01:32 AM
Guys, I've heard (and only heard - don't red me now) that Cognizant has its H-1Bs being rejected and I've heard as far as this that some of the people in Cognizant who got green card through EB-1 category have been deported due to investigation after complaints regarding misuse of EB-1 category by these companies.
has anyone else heard the same?
has anyone else heard the same?
more...
rb_248
10-04 10:01 AM
1. You need to submit original transcripts and notarised copies of degree certs
2. I requseted my current employer to give it. I quoted that I need them for applying to university
3. I did my pictures from wolf camera. I took the photo instructions to them. They made exactly like that.
I just got my PR approved and I got my passports back with visas.
STAmisha,
How long did it take for you? and where did you file your application?
2. I requseted my current employer to give it. I quoted that I need them for applying to university
3. I did my pictures from wolf camera. I took the photo instructions to them. They made exactly like that.
I just got my PR approved and I got my passports back with visas.
STAmisha,
How long did it take for you? and where did you file your application?
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Karthikthiru
06-28 08:26 AM
http://www.shusterman.com/pdf/aila-cis-vb.pdf
Karthik
Karthik
more...
like_watching_paint_dry
09-03 05:58 PM
For the Police certificate at the Indian consulate, do they keep the passport for 45 days i.e. until clearance is received. Or do we get the passport back the same day on which we apply and then the certificate is sent later.
Is this something that is required at the I-485 stage?
Is this something that is required at the I-485 stage?
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ArkBird
04-02 03:30 AM
愛你的幽默感 :)
ok. I will open a thread titled "who after hu" and put a poll in it too.
In case you are wondering who is hu... (pun intended)
http://en.wikipedia.org/wiki/hu_jintao
胡锦涛
happy now?
Come on dude, don't be a 爛屄
ok. I will open a thread titled "who after hu" and put a poll in it too.
In case you are wondering who is hu... (pun intended)
http://en.wikipedia.org/wiki/hu_jintao
胡锦涛
happy now?
Come on dude, don't be a 爛屄
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legal_alien_007
07-10 02:24 PM
nicely written.. i wish u all the best
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hebbar77
09-03 11:26 AM
after death, for people to say good stuff, one needs to be good during life!
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engineer
07-04 09:40 AM
I have sent letter to Congressman Sensenberner (WI) about this issue.
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gude.ravi
10-10 09:03 AM
I agree. This is one of the good ideas to do. Most of the people can afford to buy a home in this down market. This idea is better than being badly treated by bad employers.
more...
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immi_seeker
09-15 01:09 PM
I agree that it makes sense for USCIS to allocate spill over numbers on a quarterly basis.
But i doubt if they are allocating spillover quarterly. If they did, then we should have seen steady movements and not a rapid movement of dates in the last quarter.
We should certainly get a clarrification from USCIS about this. This could be a potential administrative change without congress intervention.
Doing it in the lat quarter could cuase visa wastage especially this year where it is anticiapted that there will be lot of spill over numbers.
But i doubt if they are allocating spillover quarterly. If they did, then we should have seen steady movements and not a rapid movement of dates in the last quarter.
We should certainly get a clarrification from USCIS about this. This could be a potential administrative change without congress intervention.
Doing it in the lat quarter could cuase visa wastage especially this year where it is anticiapted that there will be lot of spill over numbers.
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mallu
02-16 12:14 PM
.......Even if I had said that there is fraud and corruption in India, it would not be considered as a racist comment. Every year Transparency International generates a list of most corrupt nations. Ever wonder why India is on that list. Ever wonder why out of all places only in India US visa officers are instructed to do technical interview for IT visa applicants? You are living in complete denial and trying to play the race card whenever you get an opportunity.
There may be truth in it. But not completely so. There are are lot of well qualified and experienced people. But there may be frauds too.
Fraud and corruption is prevalent everywhere incuding India and a prepondernece of the bodyshops are nothing but a factory of producing overnight "IT Talents". Accept this is as one of the problem of this retrogression.
Again it is a mixture of all kind of types coming through the consultants.
So, the issue is that there are lot of qualified and experienced people in India that are willing to come to USA to seek better opportunities ( although these says , the students from top universities of India may not want to come here ) and i believe it is not that the consultant companies dump 'all who can walk' into USA. There may be a certain percentage that are 'deficient'.
So, my main point is that , by virtue of larger population, India has larger number of graduates/employable folks. Plus many of them learn English ( if i need to communicate with people in other parts of India, i use English ) , may be with thick accent.
There may be truth in it. But not completely so. There are are lot of well qualified and experienced people. But there may be frauds too.
Fraud and corruption is prevalent everywhere incuding India and a prepondernece of the bodyshops are nothing but a factory of producing overnight "IT Talents". Accept this is as one of the problem of this retrogression.
Again it is a mixture of all kind of types coming through the consultants.
So, the issue is that there are lot of qualified and experienced people in India that are willing to come to USA to seek better opportunities ( although these says , the students from top universities of India may not want to come here ) and i believe it is not that the consultant companies dump 'all who can walk' into USA. There may be a certain percentage that are 'deficient'.
So, my main point is that , by virtue of larger population, India has larger number of graduates/employable folks. Plus many of them learn English ( if i need to communicate with people in other parts of India, i use English ) , may be with thick accent.
more...
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garybanz
12-14 11:58 AM
"The SC concluded that the statutory discrimination within the class of aliens is permissible."
This could justify difference in say EB1, EB2 and EB3 or F visa, H Visa and L visa. How ever there is no mention that discrimination could be on the basis of sex/race/country of origin etc. IMHO an extension of standard EEO laws should be applied for EB class immigration too.
NB: I am an HR consultant and an expert on EEO laws, I still think that this discussion is worth taking to a top constitutional attorney. An hour of his time will cost peanuts compared to what we can possibly get out of this.
This could justify difference in say EB1, EB2 and EB3 or F visa, H Visa and L visa. How ever there is no mention that discrimination could be on the basis of sex/race/country of origin etc. IMHO an extension of standard EEO laws should be applied for EB class immigration too.
NB: I am an HR consultant and an expert on EEO laws, I still think that this discussion is worth taking to a top constitutional attorney. An hour of his time will cost peanuts compared to what we can possibly get out of this.
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Legal
07-24 07:10 PM
Have some more comments from Atty Ron. Might be interesting to discuss if already not brought up.
"Some thoughts on India E2 movement over the next two months.
More and more, I see people posting messages containing the unspoken assumption that since the Indian E2 cutoff date has moved forward, it is likely to move forward further in the coming months. This is a false hope.
Even with a cutoff date in early 2003, the CIS has sufficient inventory of Indian E2 adjustments on file to use up the remaining inventory of E2 visas for this fiscal year. The reason that the Visa Office advanced the priority date is to move it up to the point where overseas consular posts can take up the slack left by the CIS's inability to close out enough cases and avoid wasting visas this year.
The CIS inventory of pending cases is massive. If there were no quota at all - if everyone were suddenly "current" - and no new cases were filed after today, it would still take the CIS four to five years to close out all of the pending cases that they already have in their inventory.
Overseas consular posts maintain inventories of cases as well. When the priority date for a particular case starts to edge forward and it appears that the applicant may become "current' in the not too distant future, the applicant is told to submit all required supporting documents to the post or the NVC. When this is done, the applicant is reported to the Visa Office as being "documentarily qualified." This means that the case is in a position where an immigrant visa can be issued to the applicant as soon as a visa number becomes available.
The inventory of documentarily qualified cases with current priority dates at a consular post never exceeds that post's ability to process all such cases within sixty days. Consular posts have very high bandwidth processing capabilities. No matter how many cases become current, they are able to process all of them within sixty days.
The reason that the Indian E2 cutoff date has moved forward is that the Visa Office fears that the CIS will not be able to adjudicate enough adjustment of status applications to exhaust the annual quota. They have advanced the cutoff date in order to make more cases overseas eligible for final processing.
This means that overseas consular posts have exhausted their inventories of Indian E2 cases with priority dates earlier than 2006 and the Visa Office had to move the cutoff date forward in order to make more cases eligible to be closed out.
This does not mean that the CIS has closed out all of the pre-2006 cases pending in their inventory. Far from it. When the new fiscal year starts, Indian E2 is likely to retrogress back to late 2002 or early 2003. This is roughly the point reached by the CIS in processing their inventory of pending cases.
Please understand that this is a temporary phenomenon and due entirely to the difference in the processing capabilities of the CIS and the overseas consular posts.
I hope this clarifies matters."
I am curious and have a few questions:
1. What was Ron Gotcher's prediction (if any) BEFORE the Aug bulletin came out??
2. In his long post above, he elaborates on one single theme- to avoid wastage of visa numbers, and since there are some CP cases which could be adjudicated faster, USCIS moved the dates. ABSOLUTELY NOTHING NEW HERE, everyone knows this. He is entirely silent on (a) the ACTUAL number of EB visas available for this fiscal year, (b) spillover from unused FB quota
3. He is entirely silent on vertical spill over policy changing to horizontal spill over policy. Even without spillover, some minimum numbers will be available in October for EB2-I from the new fiscal year's quota.
4. He is not giving any credible explanation on why the dates will move back to 2002-3 despite declaring there is a massive inventory? What are the numbers he has on this massive inventory? If there is such a massive inventory of pending EB-2 cases, and every one knows this, no one will be speculating like this.
"Some thoughts on India E2 movement over the next two months.
More and more, I see people posting messages containing the unspoken assumption that since the Indian E2 cutoff date has moved forward, it is likely to move forward further in the coming months. This is a false hope.
Even with a cutoff date in early 2003, the CIS has sufficient inventory of Indian E2 adjustments on file to use up the remaining inventory of E2 visas for this fiscal year. The reason that the Visa Office advanced the priority date is to move it up to the point where overseas consular posts can take up the slack left by the CIS's inability to close out enough cases and avoid wasting visas this year.
The CIS inventory of pending cases is massive. If there were no quota at all - if everyone were suddenly "current" - and no new cases were filed after today, it would still take the CIS four to five years to close out all of the pending cases that they already have in their inventory.
Overseas consular posts maintain inventories of cases as well. When the priority date for a particular case starts to edge forward and it appears that the applicant may become "current' in the not too distant future, the applicant is told to submit all required supporting documents to the post or the NVC. When this is done, the applicant is reported to the Visa Office as being "documentarily qualified." This means that the case is in a position where an immigrant visa can be issued to the applicant as soon as a visa number becomes available.
The inventory of documentarily qualified cases with current priority dates at a consular post never exceeds that post's ability to process all such cases within sixty days. Consular posts have very high bandwidth processing capabilities. No matter how many cases become current, they are able to process all of them within sixty days.
The reason that the Indian E2 cutoff date has moved forward is that the Visa Office fears that the CIS will not be able to adjudicate enough adjustment of status applications to exhaust the annual quota. They have advanced the cutoff date in order to make more cases overseas eligible for final processing.
This means that overseas consular posts have exhausted their inventories of Indian E2 cases with priority dates earlier than 2006 and the Visa Office had to move the cutoff date forward in order to make more cases eligible to be closed out.
This does not mean that the CIS has closed out all of the pre-2006 cases pending in their inventory. Far from it. When the new fiscal year starts, Indian E2 is likely to retrogress back to late 2002 or early 2003. This is roughly the point reached by the CIS in processing their inventory of pending cases.
Please understand that this is a temporary phenomenon and due entirely to the difference in the processing capabilities of the CIS and the overseas consular posts.
I hope this clarifies matters."
I am curious and have a few questions:
1. What was Ron Gotcher's prediction (if any) BEFORE the Aug bulletin came out??
2. In his long post above, he elaborates on one single theme- to avoid wastage of visa numbers, and since there are some CP cases which could be adjudicated faster, USCIS moved the dates. ABSOLUTELY NOTHING NEW HERE, everyone knows this. He is entirely silent on (a) the ACTUAL number of EB visas available for this fiscal year, (b) spillover from unused FB quota
3. He is entirely silent on vertical spill over policy changing to horizontal spill over policy. Even without spillover, some minimum numbers will be available in October for EB2-I from the new fiscal year's quota.
4. He is not giving any credible explanation on why the dates will move back to 2002-3 despite declaring there is a massive inventory? What are the numbers he has on this massive inventory? If there is such a massive inventory of pending EB-2 cases, and every one knows this, no one will be speculating like this.
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villamonte6100
06-28 11:56 AM
This is what my very very high profile attorney wrote in her email to me today....
" We have heard that there will be a visa regression the first week of July "
And in immigration matters I trust her more than anybody in this whole country. So guys be ready and prepared. Do what u have to do. Be proactive.
My post is not to spread rumors or scare people but to help them to grab this golden opportunity.
I am ready to send papers for July 1st.
Does your attorney cost $400 to $800 an hour. I work with a law firm and our attorneys per hour rates are from $400 up. I don't understand your description of "very very high profile" attorney.
" We have heard that there will be a visa regression the first week of July "
And in immigration matters I trust her more than anybody in this whole country. So guys be ready and prepared. Do what u have to do. Be proactive.
My post is not to spread rumors or scare people but to help them to grab this golden opportunity.
I am ready to send papers for July 1st.
Does your attorney cost $400 to $800 an hour. I work with a law firm and our attorneys per hour rates are from $400 up. I don't understand your description of "very very high profile" attorney.
bestia
02-16 04:40 AM
Guys, let's straigthen one thing out. I have heard here things like "flooded the market" or "why 90% of company are people of certain nationality". Well.. It's a very natural process, and it happened, happens, and will happen, and it's normal. Look at this scenario. Not to touch any nation, I would use Krakozhia as example.
Suppose you are from Krakozhia, you are pursuing American Dream, you found clients, you secured some funds and you are ready to open up a business and do something. Now you need people, you have two places to look up: American or foreign. Looking employee in the US is extremely expensive and risky business. 4 out 5 candidates will have no clue what's written in their resumes, will not want to work for you, will chill 2-3 months until you fire them, will be doing only one thing - sending resumes for a new job with better salary. Trying to hire Americans without good HR will lead your business to the dead end.
So you will look into foreign market. Where? Are you gonna go to China/Russia/India? Where you don't speak their language? Don't know local specifics? Of course you will go to your "Krakozhia", where you know people, where you know universities, and what kinda people graduate from where. So you will build a team and bring here - start working. Here is another fact - about 80% of jobs in the US people get through references. Yes, companies prefer to hire friends of employees, because they don't have to spend resources filtering people from the street. "Are you sure he is a right guy for the job?" - that's it, the guy gets hired. So, your first team will bring their friends/relatives - all "Krakozhians". And from the business point of view - it's the best way. It's not racism, not discrimination, not invasion - just business. You are just doing what is best for your business... business doesn't have races or ethnics groups. And btw, CEO is REQUIRED BY LAW to maximize profits. If hiring foreigner will be more profitable, then you are required in front of your shareholders to do so.
Only when the company will grow large, have good HR - then the company can afford hiring everybody from everywhere. And US government knows and accepts that, and it's happened in the US history many times. 100/200 years ago there were Irish, German shops. 80 years ago there were Italian shops. Nothing horrible happened, they all eventually melted. I don't see anything wrong that there are Indian or Jewish, or Russian shops. They will eventually melt in and become regular American companies.
Suppose you are from Krakozhia, you are pursuing American Dream, you found clients, you secured some funds and you are ready to open up a business and do something. Now you need people, you have two places to look up: American or foreign. Looking employee in the US is extremely expensive and risky business. 4 out 5 candidates will have no clue what's written in their resumes, will not want to work for you, will chill 2-3 months until you fire them, will be doing only one thing - sending resumes for a new job with better salary. Trying to hire Americans without good HR will lead your business to the dead end.
So you will look into foreign market. Where? Are you gonna go to China/Russia/India? Where you don't speak their language? Don't know local specifics? Of course you will go to your "Krakozhia", where you know people, where you know universities, and what kinda people graduate from where. So you will build a team and bring here - start working. Here is another fact - about 80% of jobs in the US people get through references. Yes, companies prefer to hire friends of employees, because they don't have to spend resources filtering people from the street. "Are you sure he is a right guy for the job?" - that's it, the guy gets hired. So, your first team will bring their friends/relatives - all "Krakozhians". And from the business point of view - it's the best way. It's not racism, not discrimination, not invasion - just business. You are just doing what is best for your business... business doesn't have races or ethnics groups. And btw, CEO is REQUIRED BY LAW to maximize profits. If hiring foreigner will be more profitable, then you are required in front of your shareholders to do so.
Only when the company will grow large, have good HR - then the company can afford hiring everybody from everywhere. And US government knows and accepts that, and it's happened in the US history many times. 100/200 years ago there were Irish, German shops. 80 years ago there were Italian shops. Nothing horrible happened, they all eventually melted. I don't see anything wrong that there are Indian or Jewish, or Russian shops. They will eventually melt in and become regular American companies.
samay
07-28 04:39 PM
I have my EB3-RIR pending at NSC with PD JAN 2004. I-140 concurrently filed on July 23rd 2007 at NSC is still pending. I do have the EAD and AP approved.
I have another EB2 labor (PERM) certified but its I-140 was denied on the basis of qualification. I have 3 yr B.Sc + 2 Yr. Post Graduate Diploma from India. This labor was certified on Dec. 26th 2006 and I-140 was denied last year after replying to the RFE raised regarding qualification. USCIS was looking for 4 yrs. degree instead of 3 yrs. They didn't accept my 2 yrs. post graduate on top of my 3 yrs. B.Sc degree.
My question: Is it advisable to go ahead and revive this PERM labor to file fresh I-140 again? If Yes, then what all I should do before filing the fresh I-140? I have almost 8 years of work experience in USA beside my 3+2 years degree from India.
Please advise.
Was your 8 year experience not mentioned in the I-140 application. To give you a clear answer on your options i will have to go through your documents.
I have another EB2 labor (PERM) certified but its I-140 was denied on the basis of qualification. I have 3 yr B.Sc + 2 Yr. Post Graduate Diploma from India. This labor was certified on Dec. 26th 2006 and I-140 was denied last year after replying to the RFE raised regarding qualification. USCIS was looking for 4 yrs. degree instead of 3 yrs. They didn't accept my 2 yrs. post graduate on top of my 3 yrs. B.Sc degree.
My question: Is it advisable to go ahead and revive this PERM labor to file fresh I-140 again? If Yes, then what all I should do before filing the fresh I-140? I have almost 8 years of work experience in USA beside my 3+2 years degree from India.
Please advise.
Was your 8 year experience not mentioned in the I-140 application. To give you a clear answer on your options i will have to go through your documents.
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