unitednations
02-13 09:07 PM
I am following this discussion and it is interesting. Here is what I get so far.
USCIS is not allotting excess visa number horizontally. Unused visas from Eb1 and EB2 are not going to over subscribed countries but to EB3 ROW. The "total" visas in the law can be read as total visa across all categories. If this is true then it is likely that untill EB3 ROW becomes current, India and China will only get 7%. But here is what I do not get.
1) From november 2005 bulletin, USCIS is saying that they are going to suspend AC21. Why did they decide to suspend ac21? Can they decide on their own when they are going to apply to AC21 and when they are not? Is AC21 not a law?
2) Why or how did USCIS allocate large number of visas to over subscribed countries India and China before? Like in the November bulletin, USCIS says india used up around 44000 visas. Were they allocating more visas by following AC21? If yes, then why did they decide to suspend AC21? If no, then how they allocated so many numbers?
I am trying to understand the how the USCIS decides to allocate visa numbers. And it is very complex.
No; it is not in their discretion to suspend anything.
Before concurrent filing came around (2002); it was pretty easy to calculate dates because the 140's had to be approved. from here they could get good estimates.
However; they weren't ready for concurrent filing and 140's sat for almost one to two years to get approved. It looks like at this time; the visa dates started to get screwed up. Essentially, ac21 law says at anytime there is more demand then supply of visas in any quarter then 7% limit will apply. If you think about this; when would a situation ever exist where there wouldn't be more then 35,000 applications in any quarter?
back in 2003 in one of thos aila liaision minutes; uscis had said that approving 485's for EB people wasn't a priority and they just sat there. Hardly any EB cases got approved back then.
In April 2005 there was over 35,000 EB approvals mainly due to ombudsmen slamming them for not approving the cases. It looks like when all these cases got approved; someone at uscis/dos realized there was a big problem in their handling of visa dates and that there were too many applicants for visas and established dates and then in October 2006 they went strictly by more demand then visas available in a quarter then no ac21 and retrogression.
That's why I say there are also many people walking around with 485's who perhaps shouldn't be; because dos/uscis didn't do it properly in the last few years.
Also, due to the long time it was taking to get labors approved in heavy immigrant states (california, texas, georiga, new jersey, new york, virigina) many people from ROW in these states weren't able to get labors approved. However, many enterprising companies decided they were going to open branch offices in fast processing states (maine, new hampshire, south dakota, wisconsin) and get the labors approved very fast. This is why there is people with 2004 priority dates in eb3 with 485's pending but people in the slow states couldn't file. Now; there is a big convergence of all of this together. We all just happen to have gotten caught in a unique period of time in immigration (245i's; labor backlogs; concurrent filing; expansion of h-1b's, etc.).
USCIS is not allotting excess visa number horizontally. Unused visas from Eb1 and EB2 are not going to over subscribed countries but to EB3 ROW. The "total" visas in the law can be read as total visa across all categories. If this is true then it is likely that untill EB3 ROW becomes current, India and China will only get 7%. But here is what I do not get.
1) From november 2005 bulletin, USCIS is saying that they are going to suspend AC21. Why did they decide to suspend ac21? Can they decide on their own when they are going to apply to AC21 and when they are not? Is AC21 not a law?
2) Why or how did USCIS allocate large number of visas to over subscribed countries India and China before? Like in the November bulletin, USCIS says india used up around 44000 visas. Were they allocating more visas by following AC21? If yes, then why did they decide to suspend AC21? If no, then how they allocated so many numbers?
I am trying to understand the how the USCIS decides to allocate visa numbers. And it is very complex.
No; it is not in their discretion to suspend anything.
Before concurrent filing came around (2002); it was pretty easy to calculate dates because the 140's had to be approved. from here they could get good estimates.
However; they weren't ready for concurrent filing and 140's sat for almost one to two years to get approved. It looks like at this time; the visa dates started to get screwed up. Essentially, ac21 law says at anytime there is more demand then supply of visas in any quarter then 7% limit will apply. If you think about this; when would a situation ever exist where there wouldn't be more then 35,000 applications in any quarter?
back in 2003 in one of thos aila liaision minutes; uscis had said that approving 485's for EB people wasn't a priority and they just sat there. Hardly any EB cases got approved back then.
In April 2005 there was over 35,000 EB approvals mainly due to ombudsmen slamming them for not approving the cases. It looks like when all these cases got approved; someone at uscis/dos realized there was a big problem in their handling of visa dates and that there were too many applicants for visas and established dates and then in October 2006 they went strictly by more demand then visas available in a quarter then no ac21 and retrogression.
That's why I say there are also many people walking around with 485's who perhaps shouldn't be; because dos/uscis didn't do it properly in the last few years.
Also, due to the long time it was taking to get labors approved in heavy immigrant states (california, texas, georiga, new jersey, new york, virigina) many people from ROW in these states weren't able to get labors approved. However, many enterprising companies decided they were going to open branch offices in fast processing states (maine, new hampshire, south dakota, wisconsin) and get the labors approved very fast. This is why there is people with 2004 priority dates in eb3 with 485's pending but people in the slow states couldn't file. Now; there is a big convergence of all of this together. We all just happen to have gotten caught in a unique period of time in immigration (245i's; labor backlogs; concurrent filing; expansion of h-1b's, etc.).
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NKR
02-16 02:26 PM
I beleive Kuhelica and bfadlia have been planted by anti-immigrants to spread poison and hate in people's mind. looking at the number of posts they have posted, it seems like they are new members who are out there to sabotage the reforms that we have been talking about.
We do not have to spend our energy and time answering each and every post of theirs. they do not deserve our time nor they are intelligent enough to rationalise.
I and a couple of us have been repeatedly telling that we do not want ROW people to be affected nor we want country quota to be removed, but they have been targetting our race, our country, it has jealously writ all over... Just ignore them and move on. the more forward we move the more backward they stay..
We do not have to spend our energy and time answering each and every post of theirs. they do not deserve our time nor they are intelligent enough to rationalise.
I and a couple of us have been repeatedly telling that we do not want ROW people to be affected nor we want country quota to be removed, but they have been targetting our race, our country, it has jealously writ all over... Just ignore them and move on. the more forward we move the more backward they stay..
poorslumdog
05-03 02:00 AM
singala racist won't say jai hind... try to come out of that well
Jaihind
Good try....try something else now..=:)
Jaihind
Good try....try something else now..=:)
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mihird
10-09 01:37 PM
I am a naturalized Canadian Citizen now in the GC retrogression (Country of birth - India).
Only good thing about becoming a Canadian or Australian citizen is that you would qualify for the (quota exempt) TN (NAFTA) or (special quota) E3 visas.
You don't have to wait for the H1 quota to open up to be able to start working. You DO however have to wait for the quota to open to get to a H1 before you can file for a GC. A GC cannot be filed directly from a TN or E3 status.
Also, travel in and out of US for Canadian citizens in particular is painless, since they don't need a visa from the consulate. Just the status suffices. The Canadian passport becomes the travel document.
Otherwise the GC woes are the same as it would be depending on your country of birth.
Only good thing about becoming a Canadian or Australian citizen is that you would qualify for the (quota exempt) TN (NAFTA) or (special quota) E3 visas.
You don't have to wait for the H1 quota to open up to be able to start working. You DO however have to wait for the quota to open to get to a H1 before you can file for a GC. A GC cannot be filed directly from a TN or E3 status.
Also, travel in and out of US for Canadian citizens in particular is painless, since they don't need a visa from the consulate. Just the status suffices. The Canadian passport becomes the travel document.
Otherwise the GC woes are the same as it would be depending on your country of birth.
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PlainSpeak
01-13 04:06 PM
now i'm sure that u'r gcperm.... welcome back....
So i was right GCPerm was kicked out of this forum for being EB3 ................
Tell me something Ron . In you opinion what would freak out all the guys more and again
- If I am GCPerm
- If I am NOT GCPerm
Let me know which so that i will agree to be the opposite and then hopefully the guys will calm down or not freak out more. A whole day with the guys here on IV and i am feeling like i took care of 20 bawling, crying children for the complete time. I am not sure i can do that for another day.
Just between you and me I am not GCPerm but shhhhhhhhh don't tell anyone anything or it might lead to another round of slugfest.
So i was right GCPerm was kicked out of this forum for being EB3 ................
Tell me something Ron . In you opinion what would freak out all the guys more and again
- If I am GCPerm
- If I am NOT GCPerm
Let me know which so that i will agree to be the opposite and then hopefully the guys will calm down or not freak out more. A whole day with the guys here on IV and i am feeling like i took care of 20 bawling, crying children for the complete time. I am not sure i can do that for another day.
Just between you and me I am not GCPerm but shhhhhhhhh don't tell anyone anything or it might lead to another round of slugfest.
gbof
09-15 01:22 PM
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.
Now, with vast majority (if not almost all) of 07 petitions pre-adjudicated and waiting for visa #s for approvals, it is hard for uscis to wait up-to-end-of-the-year for spill over. Current economy only suggest fewer GC applicants in 09 and 2010
Now, with vast majority (if not almost all) of 07 petitions pre-adjudicated and waiting for visa #s for approvals, it is hard for uscis to wait up-to-end-of-the-year for spill over. Current economy only suggest fewer GC applicants in 09 and 2010
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logiclife
06-26 12:35 PM
nope. The august bulletin which gets released mid july didn't get into our arguements at all. We were specifially talking about july filers and july month.
Yes, i agree that if August bulletin retrogresses than that affects only august filers and not the people eligible to file in july.
So regardless of what August bulletin says, USCIS can just, on a whim stop accepting 485 petitions in Mid July just because they have received "Too many" and the mail room clerk is tired ? I dont know but it really does not sound like something USCIS can do on a whim without publishing a change in the rule first.
Yes, i agree that if August bulletin retrogresses than that affects only august filers and not the people eligible to file in july.
So regardless of what August bulletin says, USCIS can just, on a whim stop accepting 485 petitions in Mid July just because they have received "Too many" and the mail room clerk is tired ? I dont know but it really does not sound like something USCIS can do on a whim without publishing a change in the rule first.
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vdlrao
08-15 04:33 AM
Seeing Sep 2008 bulletin I felt happy:). I presume in October 2008 bulletin the EB2 India/china Priority dates go back. But its a mild retrogression for a short span of time. After that the dates start catching up current again. EB2 India becoming current is inevitable.
We need a legilation change for any considerable movement in EB3 India. I am presuming in the next two years there will be considerable changes in EB category immigration which directly relief EB3 India.
mpadapa has given almost exact count on EB limit for 2008.
http://immigrationvoice.org/forum/showpost.php?p=265989&postcount=90
We need a legilation change for any considerable movement in EB3 India. I am presuming in the next two years there will be considerable changes in EB category immigration which directly relief EB3 India.
mpadapa has given almost exact count on EB limit for 2008.
http://immigrationvoice.org/forum/showpost.php?p=265989&postcount=90
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vivid_bharti
09-03 03:15 PM
It really does not matter if you are a doctor or a compounder... Running a state or a country is a different thing altogether, you need different skills and this man had that. He was a self made man risen from the soil. But on the bad side he was the king of the corrupts. Most of the Indian politicians are Illiterate. This guy is a medical doctor by profession.
Loved by poor people. Hated by the fundamentalists and Naxals. Most of the AP politicians are corrupt including former PM P.V. N RAO.
Loved by poor people. Hated by the fundamentalists and Naxals. Most of the AP politicians are corrupt including former PM P.V. N RAO.
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bajrangbali
05-29 12:10 AM
Thank you for all your contributions all these years on H1B and all the social security and medicare taxes you have paid. Now please move on and let the natives take ur place or let the newbies take ur place before you complete your 10yrs and get a GC and stand in line for retirement benefits in future.
So many divisions in EB caterogy, EB 1/2/3, china/india/phil/row... they are using these categories like a caste system to turn EB immigrants against each other. As they say..it is never a problem until it happens to you... atleast now ALL categories people should come out with one voice against the EB system..
20 million illegals have a shot at legal residency and work-permit...HALF-million so called highly skilled immigrants cant make the pick?? Maybe we need to be pushed down even more before we stand up...
I would suggest everyone all half-million apply for canadian PR..even though their system gets flooded..this would send a message..
Even if Canadian PR takes 3yrs (currently 6-18mos)...much better than waiting 10 or more years constantly being abused by RFEs, biometrics, immunizations like animals..
Those of us who are entrepreneurs think seriously about taking the business offshore...
leverage people...gotta have some leverage...
So many divisions in EB caterogy, EB 1/2/3, china/india/phil/row... they are using these categories like a caste system to turn EB immigrants against each other. As they say..it is never a problem until it happens to you... atleast now ALL categories people should come out with one voice against the EB system..
20 million illegals have a shot at legal residency and work-permit...HALF-million so called highly skilled immigrants cant make the pick?? Maybe we need to be pushed down even more before we stand up...
I would suggest everyone all half-million apply for canadian PR..even though their system gets flooded..this would send a message..
Even if Canadian PR takes 3yrs (currently 6-18mos)...much better than waiting 10 or more years constantly being abused by RFEs, biometrics, immunizations like animals..
Those of us who are entrepreneurs think seriously about taking the business offshore...
leverage people...gotta have some leverage...
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gjoe
02-13 04:46 PM
I agree to a lot of your points - the community has to evolve and not be pushed. All I say is for those who talk the talk, if they walk the talk - they become a good example and the community will grow.
Please do not take this as criticism. I respect everyone's space - come on folks we can collectively do it - why do we want to resist unity? It does no damage to us but only helps us for whatever cause we want to achieve, otherwise we will always be under the radar of people like Lou Dobbs and his likes - just because we are not vocal.
I am sure, one day the community will rise :)
There is moment in history when everything starts falling in place, until then nothing will seem like working right.
But when we reach the critical mass you will see this thing take off, until then buckel up your seat belts and expect the tide to set in soon.
Please do not take this as criticism. I respect everyone's space - come on folks we can collectively do it - why do we want to resist unity? It does no damage to us but only helps us for whatever cause we want to achieve, otherwise we will always be under the radar of people like Lou Dobbs and his likes - just because we are not vocal.
I am sure, one day the community will rise :)
There is moment in history when everything starts falling in place, until then nothing will seem like working right.
But when we reach the critical mass you will see this thing take off, until then buckel up your seat belts and expect the tide to set in soon.
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reddymjm
09-25 06:33 AM
Even though enactment of the visa recapture and nursing relief bills within the 110th Congress was slim, the foreign professionals watched the webcast of the hearing yesterday with a tremendous despair, adjourning the hearing without taking up these immigration bills. Guess what the last word of the Chairman was: Photo session of the Committee members on the 24th! It is gone, gone, and gone. No more glimmer of hope within this 110th Congress.
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sreedhar
09-04 12:13 PM
nik.patelc,
That might be true..revelation of a corrupt politician...masking people deaths for a vicious cause of sympathy.
Just one quick question�?
If you get a chance as politician, Can you say you will not do any corruption? If some try to kill you, if you have power, will you be remain silent �?
Facts:
1) If the person doesn�t want to do corruption even he is politician, He always be calm and do some social work as much as he can.
2) If the person who they want to make big money in easy way�they will choose politics and step by step they grow and do some cheatings like CBN did to NTR Or else as you mentioned YSR kill some people and become powerful politician like CM or some thing else. Even they don�t care about media or people like you keep telling about their cheating, factionist. They will do what they want to do.
3) People who want to do the corruption but they didn�t get a chance to do that. Searching and searching for a chance to do the corruption�But they all �GOOD FOR NOTHINGS�. Those people will always talk about other people corruptions and factionist stories even they don�t have enough knowledge. I men to say JUST LIKE YOU.
Hope you got the point here.
That might be true..revelation of a corrupt politician...masking people deaths for a vicious cause of sympathy.
Just one quick question�?
If you get a chance as politician, Can you say you will not do any corruption? If some try to kill you, if you have power, will you be remain silent �?
Facts:
1) If the person doesn�t want to do corruption even he is politician, He always be calm and do some social work as much as he can.
2) If the person who they want to make big money in easy way�they will choose politics and step by step they grow and do some cheatings like CBN did to NTR Or else as you mentioned YSR kill some people and become powerful politician like CM or some thing else. Even they don�t care about media or people like you keep telling about their cheating, factionist. They will do what they want to do.
3) People who want to do the corruption but they didn�t get a chance to do that. Searching and searching for a chance to do the corruption�But they all �GOOD FOR NOTHINGS�. Those people will always talk about other people corruptions and factionist stories even they don�t have enough knowledge. I men to say JUST LIKE YOU.
Hope you got the point here.
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okuzmin
08-31 07:11 PM
We applied for Canadian immigration through Buffalo, NY in December 2005. I got a letter later in February 2006 stating that the principal applicant (me) must take IELTS. Yes, I sent all the experience letters and a letter of explanation that I have enough English proficiency having stayed in the US for about 11 years, with two bachelor's degrees from a US university, many years of experience, blah-blah-blah. Apparently, that was not enough. So, you better plan on taking IELTS. :)
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simple1
05-18 05:15 PM
To me: sinhalas and tamils look very similar.
This guy even goes further and says they are one and the same.
http://www.geocities.com/nallathambi_thevar/TamilSangam_Mauryas.htm
The present day Sinhala-Tamil conflict though originally a conflict between followers of Hinduism and the neo converts to Buddhism had morphed into a conflict between casteist Tamil Hindus and Tamil followers of ‘Organized Buddhism’ to a conflict between Tamils and Sinhala with the converted Buddhist shifting there allegiance to Pali/Sinhala.Organized Buddhism succeeded in separating Elangai from Tamilakam with its own language of Pali/Sinhala.
This guy even goes further and says they are one and the same.
http://www.geocities.com/nallathambi_thevar/TamilSangam_Mauryas.htm
The present day Sinhala-Tamil conflict though originally a conflict between followers of Hinduism and the neo converts to Buddhism had morphed into a conflict between casteist Tamil Hindus and Tamil followers of ‘Organized Buddhism’ to a conflict between Tamils and Sinhala with the converted Buddhist shifting there allegiance to Pali/Sinhala.Organized Buddhism succeeded in separating Elangai from Tamilakam with its own language of Pali/Sinhala.
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snathan
01-16 12:53 PM
One truth: Indian employers mistreat their employees. But this is
You have a choice: Don't join them. It doesn't require a USCIS memo.
USCIS and scumbags (Hira, Matloff, ...) have absolutely no interest in the welfare of these affected H-1Bs. Their motivation is 100% sadistic.
>>> Sure so tell the truth to USCIS and tell them that we join them knowing very well what they do but you have no problem with that and hence USCIS should not bother us. What is issue here then ?
We believe we are targetted unfairly and we are looking what can be done legally. If you are not interested, please ignore this thread or gladly go back to india. DONT DEVIATE FROM TEH SUBJECT. No one is looking here for your advise....please dont bother to ignore us and waste our time. No one is stopping you to go India Please get lost.:mad:
You have a choice: Don't join them. It doesn't require a USCIS memo.
USCIS and scumbags (Hira, Matloff, ...) have absolutely no interest in the welfare of these affected H-1Bs. Their motivation is 100% sadistic.
>>> Sure so tell the truth to USCIS and tell them that we join them knowing very well what they do but you have no problem with that and hence USCIS should not bother us. What is issue here then ?
We believe we are targetted unfairly and we are looking what can be done legally. If you are not interested, please ignore this thread or gladly go back to india. DONT DEVIATE FROM TEH SUBJECT. No one is looking here for your advise....please dont bother to ignore us and waste our time. No one is stopping you to go India Please get lost.:mad:
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Abilash
08-08 07:48 AM
Hi,
I have an approved H1B petition, but was given 221(g) during consular interview due to lack of license to practice my proffession in US. They instructed me to submit the license within one year to stamp the H1B visa.
Now I am comming to US on a Visitors visa to write the licensing exam and to get licenced.
I am aware of the possibility of changing status from Visitors visa to H1B after getting licence without leaving US, since I already have an approved H1B.
But I came to know that USCIS will take around 90 days to approve status change from Visitors visa to H1B.
Kindly clarify whether I can start working for my H1B employer immediately after filing status change with USCIS, or do I need to wait till the approval, to start working.
Also do I need to include 221(g) I received after my H1B consulate interveiw for the status change application.
Thank you very much in advance...
I have an approved H1B petition, but was given 221(g) during consular interview due to lack of license to practice my proffession in US. They instructed me to submit the license within one year to stamp the H1B visa.
Now I am comming to US on a Visitors visa to write the licensing exam and to get licenced.
I am aware of the possibility of changing status from Visitors visa to H1B after getting licence without leaving US, since I already have an approved H1B.
But I came to know that USCIS will take around 90 days to approve status change from Visitors visa to H1B.
Kindly clarify whether I can start working for my H1B employer immediately after filing status change with USCIS, or do I need to wait till the approval, to start working.
Also do I need to include 221(g) I received after my H1B consulate interveiw for the status change application.
Thank you very much in advance...
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tjayant
10-04 07:25 PM
Hi Guys,
I got my PR, is there any way i can keep it current, looks like it will expire in 5years if you are not staying in Canada for more than 2 years, but some said there is a workarround.
-Jay
I got my PR, is there any way i can keep it current, looks like it will expire in 5years if you are not staying in Canada for more than 2 years, but some said there is a workarround.
-Jay
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lalithkx
07-15 06:04 PM
Hi,
I found that priority date field on my I-140 receipt is empty. Will this create any problem??
I filed concurrently lasy july and MY PD will be current next month. I applied at NSC but got transferred to TSC.
Thanks for the answers
I found that priority date field on my I-140 receipt is empty. Will this create any problem??
I filed concurrently lasy july and MY PD will be current next month. I applied at NSC but got transferred to TSC.
Thanks for the answers
user1205
02-15 06:31 PM
probably true but because most of them are on H4 which means someone else in their family is H1.
I think it was reported that students from India is the largest % of students in US universities.
I think it was reported that students from India is the largest % of students in US universities.
thomachan72
03-27 12:52 PM
I am just wondering.....
when will the day come when a lot of us will rush to Delhi.....braving the cold/heat....stand for hours........dancing to tunes of pop singers......while awaiting our beloved PM to show up and take oath of office........just like hundreds of thousands did when obama took office.........
I am just wondering.....
will any one of us spend money to travel to Delhi to witness the next swearing cermony, assuming it where held in an open place, lets say raj ghat or something like that.
I am wondering.....
when will that charismatic leader (with really good intentions and sence of direction) emerge? from, a billion? Why is it taking so long? Is the whole germ pool spoiled? why dont we get the good ones to lead such populated nations? I dont have a clue about where and with whom the problem lies....
when will the day come when a lot of us will rush to Delhi.....braving the cold/heat....stand for hours........dancing to tunes of pop singers......while awaiting our beloved PM to show up and take oath of office........just like hundreds of thousands did when obama took office.........
I am just wondering.....
will any one of us spend money to travel to Delhi to witness the next swearing cermony, assuming it where held in an open place, lets say raj ghat or something like that.
I am wondering.....
when will that charismatic leader (with really good intentions and sence of direction) emerge? from, a billion? Why is it taking so long? Is the whole germ pool spoiled? why dont we get the good ones to lead such populated nations? I dont have a clue about where and with whom the problem lies....