BharatPremi
12-14 12:51 PM
If they change the current law to favor Indians, then it will be disciminatory to other nationals. Think the other way..
You may be almost 100% right and everybody is trying to take the sense out of this. Lazy*and Mark almost have given the proof that "We can't do this"..
Good, we will not have a problem if we get assured about this 100%.
But one thing I do not understand is your interpretation (in quots)... If at all anything we are asking is what "Remove Per Country based ceilings" but how can somebody with high skill translate that into what you quoted?
If that happens, Indians will be benefited , yes that is not a favor, and if at all for the sake of argument even if we "tag" the word "favored"...Chinese,Mexicans,Philipinos will also be "favored".. So if they remove this ceiling then in reality it would be a "Equal ground for every national" And in that nobody can argue that "It is discriminatory to other nationals".
You may be almost 100% right and everybody is trying to take the sense out of this. Lazy*and Mark almost have given the proof that "We can't do this"..
Good, we will not have a problem if we get assured about this 100%.
But one thing I do not understand is your interpretation (in quots)... If at all anything we are asking is what "Remove Per Country based ceilings" but how can somebody with high skill translate that into what you quoted?
If that happens, Indians will be benefited , yes that is not a favor, and if at all for the sake of argument even if we "tag" the word "favored"...Chinese,Mexicans,Philipinos will also be "favored".. So if they remove this ceiling then in reality it would be a "Equal ground for every national" And in that nobody can argue that "It is discriminatory to other nationals".
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desi3933
07-27 12:20 PM
Nope that's not correct. You file your business earnings through 1099 and not W2. It has nothing to do with H1-B. Good luck.
1099 or W2, it does not matter.
On H-1B status, one can not run business. PERIOD. Check with US CIS for yourself.
One more thing, Passive Investment is not same as Running a Business. Passive Investment is allowed on H-1/H-4 and other non-immigrant visa status.
____________________
Not a legal advice.
US citizen of Indian origin
1099 or W2, it does not matter.
On H-1B status, one can not run business. PERIOD. Check with US CIS for yourself.
One more thing, Passive Investment is not same as Running a Business. Passive Investment is allowed on H-1/H-4 and other non-immigrant visa status.
____________________
Not a legal advice.
US citizen of Indian origin
smisachu
06-16 02:55 PM
You cannot compare a recession to retrogression. A recession is a shrinking economy which is a natural correction of supply and demand. Retrogression is an artificial rationing which has no bearing on demand. It is almost un democratic and prejudiced. What they are doing here by imposing caps by country is they are rationing brilliance. Is it our fault that India and China produces more number of PhD�s and engineers than say Kenya or Denmark?
If you are looking for diversity look for it under family immigration and not under employment based immigration.
Your analogy of recession works for the H1. As you see in a falling demand environment the demand for H1 visas this year is tepid compared to previous years. There is no excess supply in employment based immigration as all EB immigrants are gainfully employed and hence �Employment Based� immigrants. There certainly are some who have purchased substitute labor certifications and finding loop holes in the law through consulting firms. I doubt that they are a significant part of the population waiting for visa numbers.
Your attaining green card is luck more than Pluck. Due to random visa allotment last year many people with dates in 2006 were given green cards ignoring people with prior dates. Now do you intend to say that they were more qualified than those with older priority dates? The whole intention of retrogression is not even to weed out the bum applicants, it is just a result of apathy towards a small immigrant population which is politically insignificant. You can argue all you want of the survival of fittest, but the basic fact is if some one has a PhD in physics and has multiple companies offering jobs, he is not going to stand in line meekly to collect his green card after 10 years. He is going to leg it and go to some other country who will welcome him and his intellect with open arms. So the fittest will be gone and only the mediocre will be left.
The current retrogression is not a way to filter the fittest out; it is just dumb political red tape.
Why do you have to resort to calling names ? Are ad hominem arguments the best you could come up with ? Let me give you an analogous case wherein people say that a recession is a good thing. Recession occurs in order to cleanse the economy of bohemian excesses and inefficiencies. Do you think that such people are sadists and belong to the mental asylum ? Of course there are people who get affected in a recession. Does it mean it is not desired ? In a similar vein, you need to understand that there were and are huge gaping inefficiencies in the current immigration process. There has to be a way to curb these excesses and inefficiencies. Retrogression may not be the best way but it is the only way utilized right now. If you still believe that I have to subscribe to these inefficiencies despite having gone through the immigration process, I am sorry I beg to differ.
If you are looking for diversity look for it under family immigration and not under employment based immigration.
Your analogy of recession works for the H1. As you see in a falling demand environment the demand for H1 visas this year is tepid compared to previous years. There is no excess supply in employment based immigration as all EB immigrants are gainfully employed and hence �Employment Based� immigrants. There certainly are some who have purchased substitute labor certifications and finding loop holes in the law through consulting firms. I doubt that they are a significant part of the population waiting for visa numbers.
Your attaining green card is luck more than Pluck. Due to random visa allotment last year many people with dates in 2006 were given green cards ignoring people with prior dates. Now do you intend to say that they were more qualified than those with older priority dates? The whole intention of retrogression is not even to weed out the bum applicants, it is just a result of apathy towards a small immigrant population which is politically insignificant. You can argue all you want of the survival of fittest, but the basic fact is if some one has a PhD in physics and has multiple companies offering jobs, he is not going to stand in line meekly to collect his green card after 10 years. He is going to leg it and go to some other country who will welcome him and his intellect with open arms. So the fittest will be gone and only the mediocre will be left.
The current retrogression is not a way to filter the fittest out; it is just dumb political red tape.
Why do you have to resort to calling names ? Are ad hominem arguments the best you could come up with ? Let me give you an analogous case wherein people say that a recession is a good thing. Recession occurs in order to cleanse the economy of bohemian excesses and inefficiencies. Do you think that such people are sadists and belong to the mental asylum ? Of course there are people who get affected in a recession. Does it mean it is not desired ? In a similar vein, you need to understand that there were and are huge gaping inefficiencies in the current immigration process. There has to be a way to curb these excesses and inefficiencies. Retrogression may not be the best way but it is the only way utilized right now. If you still believe that I have to subscribe to these inefficiencies despite having gone through the immigration process, I am sorry I beg to differ.
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GCapplicant
01-22 02:26 PM
Recently , Immi officers are randomly dashing thru H1B sponsor companies ,where any H1B petitions have gone thru or waiting for renewal. NJ -
So guess its getting tougher - They have set of questions - from POEntry date with eaxct details of the petitioner.
How many H1's the company has issued , salary matching with Tax copies.
Guess - if the company has no base or structure , the so called employees name inot there physically or the whereabouts .
This happened today a checking in NJ. All the papers should be in hand
Its getting tougher
So guess its getting tougher - They have set of questions - from POEntry date with eaxct details of the petitioner.
How many H1's the company has issued , salary matching with Tax copies.
Guess - if the company has no base or structure , the so called employees name inot there physically or the whereabouts .
This happened today a checking in NJ. All the papers should be in hand
Its getting tougher
more...
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.
tikka
07-04 01:00 PM
As you know, spouse and minor children's applications for AOS are filed with Primary Applicant. Minor children are those under 21 years of age. Once the child turns 21, they are no longer eligible to file AOS wih primary applcant. However, there is a Child's Protection Act that allows the time that it takes (# of days) to process the I140 to be subtracted from the child's age when he /she turns 21. Example - if it takes 128 days to process the I140, the child turns 21 but is considered 21 years minus 128 days. Provided you can file AOS in within 128 days of the child turning 21 then he/she is considered a minor.
The key is being able to file the AOS. That "stops" the clock. Technically, the child's AOS should be adjudicated by 21 and there is an opportunity to expedite the application for this very reason. From what I understand however, as long as the AOS is filed, the clock stops ticking. That is what every lawyer we have used along the way has told us.
MACACA - pls see your PM...
The key is being able to file the AOS. That "stops" the clock. Technically, the child's AOS should be adjudicated by 21 and there is an opportunity to expedite the application for this very reason. From what I understand however, as long as the AOS is filed, the clock stops ticking. That is what every lawyer we have used along the way has told us.
MACACA - pls see your PM...
more...
immi_enthu
07-17 12:50 PM
there are still atleast 20K visas left this year and atleast 85-90% of those will go to EB2 India. this should clear up a significant majority of the EB2 pending prior to 06/2006. As I mentioned before the numbers will be unavailable towards the end of September as all the visas are used up, but by this time most of the EB2 hat are current now will get their visas. the dates may go back slightly in October- probably to mid 2004 like you said, but it will not stay there for long. with all the Spill over, the dates will start moving rapidly in Nov/dec of this year itself and EB2 India will be current by this time next year. I agree wth your assertion that legislative fix is needed to increase the EB numbers and resolve the backlogs
how did you come up with the 20K number ?
how did you come up with the 20K number ?
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sachug22
09-17 11:06 AM
When it took about 2 years spill over visas (2008 and 2009) for the EB2 India dates to move from April 2004 to Jan 2005, I am sure you could estimate how long it would take to cross a year.
In 2008 the spillover was distributed evenly between 2004/2005/2006. It was 2009 spillover that clean most of the cases in 2003 and 2004. As of 1st Oct there are next to nothing cases from 2003, very few from 2004.
Plus in 2008/2009 CIS had EB2-ROW applications that they can approve, this year they do not have the EB2-ROW cushion.
In 2008 the spillover was distributed evenly between 2004/2005/2006. It was 2009 spillover that clean most of the cases in 2003 and 2004. As of 1st Oct there are next to nothing cases from 2003, very few from 2004.
Plus in 2008/2009 CIS had EB2-ROW applications that they can approve, this year they do not have the EB2-ROW cushion.
more...
go2roomshare
07-11 06:11 PM
I know people who got their GC in 7 months from the date they filed PERM. and then there are many people getting GCs every month. There are both good stories and bad stories to tell about getting GC in US.
There were times when H1 quota never reached the limit during the whole fiscal year, now they get used in just 2 days. This mess in GC process is a result mainly due to our own actions (temporary workers and consulting companies hiring temporary workers). Do you think majority of us once we get GC, stay with the consulting company that filed for our GC? When a consulting company files for PERM, they already have a foreign national working under H-1B in that position. So where is the real intent to hire an American when some foreigner is already working at that position?
This employment based GC is a way for us foreigners to immigrate to US easily at one point. Now due to our extreme usage and abuse of this process, there are genuine people who are being sponsored to immigrate to US are also suffering. In a true employment GC scenario, the company should be desperate to keep you for a long time (more than 6 years after H-1B is maxed) for your valuable skills that they were unable to find in others. But in most GC cases, looks like we temporary workers are more desperate than our employers for the GC? aren't we? Do you see any companies sweating on how to retain you with them, because you H-1B is expiring and they have no way to keep you?
Do not put all the blame on US immigration system, the majority of the blame should fall on us and the companies who are helping us to get GCs when our cases are not based on genuine sponsors.
You are right, this is partly true. I work in one of forture 20 company , they redid whole GC on EB2 since Eb3 PD is getting wrost. it wad done just to make me happy and keep me with the company. How many employers will do that? I know lot of my friends had to prey employers and pay from their pocket for same. It is really comes to individual case. on whole i belive we are in more disparate position for GC than employers who really should be.
this is open secret, don't you agree.
There were times when H1 quota never reached the limit during the whole fiscal year, now they get used in just 2 days. This mess in GC process is a result mainly due to our own actions (temporary workers and consulting companies hiring temporary workers). Do you think majority of us once we get GC, stay with the consulting company that filed for our GC? When a consulting company files for PERM, they already have a foreign national working under H-1B in that position. So where is the real intent to hire an American when some foreigner is already working at that position?
This employment based GC is a way for us foreigners to immigrate to US easily at one point. Now due to our extreme usage and abuse of this process, there are genuine people who are being sponsored to immigrate to US are also suffering. In a true employment GC scenario, the company should be desperate to keep you for a long time (more than 6 years after H-1B is maxed) for your valuable skills that they were unable to find in others. But in most GC cases, looks like we temporary workers are more desperate than our employers for the GC? aren't we? Do you see any companies sweating on how to retain you with them, because you H-1B is expiring and they have no way to keep you?
Do not put all the blame on US immigration system, the majority of the blame should fall on us and the companies who are helping us to get GCs when our cases are not based on genuine sponsors.
You are right, this is partly true. I work in one of forture 20 company , they redid whole GC on EB2 since Eb3 PD is getting wrost. it wad done just to make me happy and keep me with the company. How many employers will do that? I know lot of my friends had to prey employers and pay from their pocket for same. It is really comes to individual case. on whole i belive we are in more disparate position for GC than employers who really should be.
this is open secret, don't you agree.
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rsharma
09-24 11:16 AM
Emailed All
:rolleyes: Whatever works :rolleyes:
matt_kelly@specter.senate.gov, <lisa_owings@specter.senate.gov BOUNCED
I think we should send a copies of these mails to the various Housing Agents and other Housing related agencies.
I thibk they also can use their lobbies to work for this proposal as this would be helpful to their business too.
:rolleyes: Whatever works :rolleyes:
matt_kelly@specter.senate.gov, <lisa_owings@specter.senate.gov BOUNCED
I think we should send a copies of these mails to the various Housing Agents and other Housing related agencies.
I thibk they also can use their lobbies to work for this proposal as this would be helpful to their business too.
more...
Waitnwait
07-03 05:49 PM
My wife came to US on L2 visa. We applied for her H1 in April'07 and got selected in lottery :). She has been working since Apr - 07 with the same company first on EAD (from L2) and then on H1B. meanwhile we got lucky in July 08 and applied for 485 for both of us. We came back from India in Mid May using AP after one month vacation. ( we have EAD and AP). She stopped working 2 weeks after coming back and hasnot worked since. My quesion is
--- What is her current status ?
--- Can she start working on her EAD and abonden her H1B?
--- Will she be able to come back on H1B or H4 ( I also have H1B now)
--- What is her current status ?
--- Can she start working on her EAD and abonden her H1B?
--- Will she be able to come back on H1B or H4 ( I also have H1B now)
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DSLStart
09-23 03:39 PM
:D:D:D How do you expect them to give you a gori too?
You start looking for singles working @ uscis ;)
why not ask for citizenship if we buy 2 houses?. I will even buy that toxic debt from banks, if i get citizenship and a gori.
You start looking for singles working @ uscis ;)
why not ask for citizenship if we buy 2 houses?. I will even buy that toxic debt from banks, if i get citizenship and a gori.
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okuzmin
04-09 12:14 PM
WFGC2006, to my knowledge, in order to be able to apply for Canadian citizenship, you must stay in the country for 3 out of the last 4 years cumulatively, not consecutively.
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AB1275
09-25 03:51 PM
I have applied on EB2. My PD is Oct 2006. My I-140/I-485 was filed concurrantly. How long do you think is my wait?
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kittu1991
05-01 02:44 PM
It is a shame India does not act to protect the interests of its citizens even after this news came up.
Why do you think it is Indian citizens? Just because some politicians are saying so for their own gains all Tamilians in Srilanka are not Indian citizen.
Heck, even USA is trying harder than India by using its muscle to block billions of dollars of IMF funds to SL for not caring about ceasefire.
Are you suggesting India should start playing the role of world police as USA.
LTTE is the one who took the life of our beloved leader Rajiv Gandhi who would have taken India to much high in the world. And why should India protect them.
Why do you think it is Indian citizens? Just because some politicians are saying so for their own gains all Tamilians in Srilanka are not Indian citizen.
Heck, even USA is trying harder than India by using its muscle to block billions of dollars of IMF funds to SL for not caring about ceasefire.
Are you suggesting India should start playing the role of world police as USA.
LTTE is the one who took the life of our beloved leader Rajiv Gandhi who would have taken India to much high in the world. And why should India protect them.
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mariusp
03-29 02:19 PM
OK, I've done some more homework and this is what I found in the proposed rule text:
III. Proposed Amendments to the Permanent Labor Certification
Regulations
The first amendment would prohibit the substitution of
alien beneficiaries on pending applications for permanent labor
certification and on approved permanent labor certifications not yet
filed with DHS.
Basically it says that the rule applies to:
(i) pending labor certification applications and
(ii) approved labor certification which have not yet been filed with USCIS
So it looks like you won't be affected if your case is already pending with the USCIS.
III. Proposed Amendments to the Permanent Labor Certification
Regulations
The first amendment would prohibit the substitution of
alien beneficiaries on pending applications for permanent labor
certification and on approved permanent labor certifications not yet
filed with DHS.
Basically it says that the rule applies to:
(i) pending labor certification applications and
(ii) approved labor certification which have not yet been filed with USCIS
So it looks like you won't be affected if your case is already pending with the USCIS.
more...
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sumagiri
07-23 08:04 PM
Yes i am very much implying that ..EB2 PD was 02 in Dec, 01 in Jan, Unavailable in Feb-March 08. So there where very few visas given to EB2 india in first 8 months. Same with China went back to 03 in Dec and stayed there for most of the 8 months period.
From Dec 08 Visa Bulletin
Sachug22,
It may be simply because EB2 numbers are used up fast for the quarter. It is right now a blind spot and an estimate of what happened depends on perspective.
Any how, you brought up a new perspective so gave you a green.
From Dec 08 Visa Bulletin
Sachug22,
It may be simply because EB2 numbers are used up fast for the quarter. It is right now a blind spot and an estimate of what happened depends on perspective.
Any how, you brought up a new perspective so gave you a green.
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ramus
06-28 05:51 PM
June 6th.
Does someone know what date in June they started turning back EB3-Other WOrkers?
Does someone know what date in June they started turning back EB3-Other WOrkers?
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Wendyzhu77
07-16 06:24 PM
what are you smoking today??
gc_aspirant_prasad
07-03 03:56 PM
their office was not aware of this. Drew their attention to the statement by Congresswoman Zoe Lofgren.
They ve promised to check & do what they can.
They ve promised to check & do what they can.
Keeme
05-01 04:19 PM
Hi Keeme,
My post was not about double standards BUT about opposing terrorism, it doesn't matter if its LTTE, KHALISTAN, TALIBAN or any other organisation which terrorises the society. These terrorists outfits should be handled beyond any religious, linguistic or any other consideration.
Regarding support for common man/community, we should oppose any human rights violation against any individual/community, there shouldn't be any double standards BUT at the same time action against terrorist outfits should not be compromised.
Correct ! Stand against injustice ! Let's discuss it out. Do you see LT ( karshimir) same as you see LTTE ? Do you feel anything for Kashimiri Pandits ?
My post was not about double standards BUT about opposing terrorism, it doesn't matter if its LTTE, KHALISTAN, TALIBAN or any other organisation which terrorises the society. These terrorists outfits should be handled beyond any religious, linguistic or any other consideration.
Regarding support for common man/community, we should oppose any human rights violation against any individual/community, there shouldn't be any double standards BUT at the same time action against terrorist outfits should not be compromised.
Correct ! Stand against injustice ! Let's discuss it out. Do you see LT ( karshimir) same as you see LTTE ? Do you feel anything for Kashimiri Pandits ?