Legal
07-25 02:37 PM
Do you guys remember how many visas USCIS processed within the Last few days of June 2007 ( I remember it was around 20k) just to make sure they exhaust the Visa numbers and rollback the Visa Bulletin?
If it's possible for them to complete as many applications within a short span of time,it means they are capable of processing the applications faster...
Now due to more hiring they might process all the available visas by the end of the year.
Not that I'm having hopes of me getting 485 approved based on my PD, but just to put things in perspective....
We'll see once we hit Aug 1st......
Baseline average approvals have been 9000+ per month......read this link.
http://www.ilw.com/articles/2007,0716-lee.shtm
Details Leaking Out on July Visa Chart Fiasco Show Extraordinary and Legally Questionable Steps by U.S.C.I.S. to Exhaust Visa Numbers to Protect Fee Hike Collections
by Alan Lee, Esq.
More details came to light today as the New York Times reported that immigration officials said that employees were put to work both days last weekend at service centers in Texas and Nebraska, and that 25,000 applications were processed in the final 48 hours before Monday's deadline. ]
This means that given the statutory authority to approve 140,000 numbers per year, the agency in the seven years has averaged 113,901 completed cases per year, or 9,492 approvals per month. ...........
Department of State could say that sudden backlog reduction efforts by Citizenship and Immigration Services offices during the past month had resulted in the use of almost 60,000 employment numbers constitutes a phenomenon attributable solely to overtime work at the service centers during the last weekend and the cutting of corners on security as seen in the New York Times article.
If it's possible for them to complete as many applications within a short span of time,it means they are capable of processing the applications faster...
Now due to more hiring they might process all the available visas by the end of the year.
Not that I'm having hopes of me getting 485 approved based on my PD, but just to put things in perspective....
We'll see once we hit Aug 1st......
Baseline average approvals have been 9000+ per month......read this link.
http://www.ilw.com/articles/2007,0716-lee.shtm
Details Leaking Out on July Visa Chart Fiasco Show Extraordinary and Legally Questionable Steps by U.S.C.I.S. to Exhaust Visa Numbers to Protect Fee Hike Collections
by Alan Lee, Esq.
More details came to light today as the New York Times reported that immigration officials said that employees were put to work both days last weekend at service centers in Texas and Nebraska, and that 25,000 applications were processed in the final 48 hours before Monday's deadline. ]
This means that given the statutory authority to approve 140,000 numbers per year, the agency in the seven years has averaged 113,901 completed cases per year, or 9,492 approvals per month. ...........
Department of State could say that sudden backlog reduction efforts by Citizenship and Immigration Services offices during the past month had resulted in the use of almost 60,000 employment numbers constitutes a phenomenon attributable solely to overtime work at the service centers during the last weekend and the cutting of corners on security as seen in the New York Times article.
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radhay
05-29 11:25 AM
60K EB2-I and 60K EB3-I pending so far. Does this mean Eb2 and EB3 dates will move together from now on for India?
andy007
07-03 10:18 PM
Hi Guys,
Can you please post Media Links on this issue .. (CNN, ... etc) Thanks
Can you please post Media Links on this issue .. (CNN, ... etc) Thanks
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gc28262
01-24 05:16 PM
If you think Memo is illegal why can't you file a lawsuit. That should be right way. But I did not see any suggestion from any lawyer. But when when July 2007 issue cropped most lawyers rushed to file lawsuit. Now no one even suggesting lawsuit except some members in IV. Either most are not interested or they think no legal basis to contest memo
I am filing a lawsuit. Want to join me ? :cool:
Please read this
MurthyDotCom : H1B Memo on Employer-Employee Relationships and 3rd-Party Placements (http://www.murthy.com/news/n_e-erel.html)
Read the conclusion. I am sure that won't make you happy.
I am filing a lawsuit. Want to join me ? :cool:
Please read this
MurthyDotCom : H1B Memo on Employer-Employee Relationships and 3rd-Party Placements (http://www.murthy.com/news/n_e-erel.html)
Read the conclusion. I am sure that won't make you happy.
more...
snathan
01-14 01:47 PM
My friend works for Deloitte & Touche and they charge $550/hr and he gets $75/hr.. so what? And he is USC.
Do you know the rates top consulting company charges? they normally starts from $400/hr+ in Accenture, PWC, KPMG, E&Y Etc and their employee's do not get paid more than 20%. Its a practice around the world.
But the difference here is the LCA says their salary as 55K.
Do you know the rates top consulting company charges? they normally starts from $400/hr+ in Accenture, PWC, KPMG, E&Y Etc and their employee's do not get paid more than 20%. Its a practice around the world.
But the difference here is the LCA says their salary as 55K.
cableman
08-28 07:59 AM
Our frustration with the US legal immigration and retrogression seems endless. My wife and I are considering immigration prospects to Canada. Can somebody please suggest good responsive lawfirms that could handle a Canadian PR application? We would also appreciate some insight on Canadian immigration prospects for physicians. Thanks
http://immigrationvoice.org/forum/showthread.php?t=1332&highlight=canada
Good luck.
http://immigrationvoice.org/forum/showthread.php?t=1332&highlight=canada
Good luck.
more...
samay
08-25 02:54 PM
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...
You cannot start working till you get your H-1 B stamped. I think you misunderstood what the consular officer said to you. Please see a good attorney before you start working or contact me.
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...
You cannot start working till you get your H-1 B stamped. I think you misunderstood what the consular officer said to you. Please see a good attorney before you start working or contact me.
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Jerrome
05-12 04:29 PM
Read my previous posts where I said tamils that doesn't live in the war areas lead life just as other nationalities. Its my fault that I didn't mention it again.
Ofcourse people in yalpanam and triconmole are leading a hard life due to the war. Yes, I was in trincomalee just 3 years ago when they re-opened A9. I'm not talking about tamils in the areas where the war is going on. Who chased the sinhala and muslims from those areas? Its was the LTTE that pretty much ruled those areas till now.
Are you saying tamils are discriminated in Colombo?
What I'm saying is if tamils are discriminated then they would be all over the country.
Read this
http://www.fidh.org/Expulsions-of-Tamils-from-Colombo
http://www.paperarticles.com/2008/09/tamils-resent-surveillance-in-colombo.html
My point is the same as following
"FIDH recalls that LTTE has been involved in various attacks on civilians, including recent bomb attacks. FIDH condemns such attacks; however, an indiscriminate and arbitrary reply targeting the whole Tamil community can only further fuel violence and polarization between the different ethnic communities in Sri Lanka."
Ofcourse people in yalpanam and triconmole are leading a hard life due to the war. Yes, I was in trincomalee just 3 years ago when they re-opened A9. I'm not talking about tamils in the areas where the war is going on. Who chased the sinhala and muslims from those areas? Its was the LTTE that pretty much ruled those areas till now.
Are you saying tamils are discriminated in Colombo?
What I'm saying is if tamils are discriminated then they would be all over the country.
Read this
http://www.fidh.org/Expulsions-of-Tamils-from-Colombo
http://www.paperarticles.com/2008/09/tamils-resent-surveillance-in-colombo.html
My point is the same as following
"FIDH recalls that LTTE has been involved in various attacks on civilians, including recent bomb attacks. FIDH condemns such attacks; however, an indiscriminate and arbitrary reply targeting the whole Tamil community can only further fuel violence and polarization between the different ethnic communities in Sri Lanka."
more...
Keeme
05-01 05:55 PM
Your statement is uncalled for, his opinion is not from people of UP or Bihar, everwhere people have different opnions, and BTW Nitish Kumar & Mayawati are any day better than Karunanidhi, Vilas Rao Deshmukh & YSR and above all they are a million times better than Maino Antonia whom the whole country voted.....
I take it back !
I take it back !
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vrbest
07-11 08:18 AM
Not sure if it was answered anywhere for similar situation..
Here is my situation. I would like to see my options:
1) I am on H1B (7th year and got extended for 3 yrs) and applied 485, received EAD from company A (140 approved).
2) Applied 485 for wife and kid and got EAD last July.
3) Category is EB3-I PD of Apr 06.
4) Though I was eligible for EB2 (13 yrs exp before joining company A) becas of Company A (they decided not to open EB2 position at that time). I was forced to go to EB3.
5) I am getting offer from my client and my company has agreed me to support. but client won't do H1 so I have to use EAD
6) in this case, can I get a another company (for future employment) to file for my GC on EB2? Will they be able to do it without H1 to them?
7) if so what would be the implications?
Thanks in advance!
Here is my situation. I would like to see my options:
1) I am on H1B (7th year and got extended for 3 yrs) and applied 485, received EAD from company A (140 approved).
2) Applied 485 for wife and kid and got EAD last July.
3) Category is EB3-I PD of Apr 06.
4) Though I was eligible for EB2 (13 yrs exp before joining company A) becas of Company A (they decided not to open EB2 position at that time). I was forced to go to EB3.
5) I am getting offer from my client and my company has agreed me to support. but client won't do H1 so I have to use EAD
6) in this case, can I get a another company (for future employment) to file for my GC on EB2? Will they be able to do it without H1 to them?
7) if so what would be the implications?
Thanks in advance!
more...
gchandu
09-16 04:43 PM
Hi
I am on H1B and have my visa valid till Sep 30 2008, my wife and son also has H4 visas till Sep 30 2008.
I applied for my H1 & H4 extensions, received the receipt notices from NSC and our case are pending.
Now We are travelling to India on 7th Aug 2008 and return on 11th Sep 2008 about 19 days prior to our initial H1 / H4 visa stamps.
Should I need to do an amendment to my pending H1/H4 if they get approved while I was in India? If the extention cases wont approve even after I come back to US , do I still need an amendment when it gets approved.
Please suggest a best possible way
Thanks
Gangadhar
Hi
Please advise me. I came back to US on 11th Sep 2008 on my valid H1 visa and got new I-94 valid till Oct 10 2008. But my H1 extention got approved on 10th Sep 2006 a day before i arrived here in USA. Now my attorney is saying that I am required to do an amendment.
Is this an easy process ? How much will it cost
I am on H1B and have my visa valid till Sep 30 2008, my wife and son also has H4 visas till Sep 30 2008.
I applied for my H1 & H4 extensions, received the receipt notices from NSC and our case are pending.
Now We are travelling to India on 7th Aug 2008 and return on 11th Sep 2008 about 19 days prior to our initial H1 / H4 visa stamps.
Should I need to do an amendment to my pending H1/H4 if they get approved while I was in India? If the extention cases wont approve even after I come back to US , do I still need an amendment when it gets approved.
Please suggest a best possible way
Thanks
Gangadhar
Hi
Please advise me. I came back to US on 11th Sep 2008 on my valid H1 visa and got new I-94 valid till Oct 10 2008. But my H1 extention got approved on 10th Sep 2006 a day before i arrived here in USA. Now my attorney is saying that I am required to do an amendment.
Is this an easy process ? How much will it cost
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srkamath
07-24 08:18 PM
Some lawyers (like the one mentioned here) like to advocate Consular Processing. At the risk of sounding cynical i'll say it..
Lawyers are always trying to make money. During last July, several people self-filed I-485s, therefore lawyers lost business.
Now if they create enough noise about long EB2 backlogs for AOS via USCIS, people might be scared enough to opt for consular processing, which is complicated enough that you'd need a lawyer !.
I'm gonna ignore this lawyer's posts ..
Lawyers are always trying to make money. During last July, several people self-filed I-485s, therefore lawyers lost business.
Now if they create enough noise about long EB2 backlogs for AOS via USCIS, people might be scared enough to opt for consular processing, which is complicated enough that you'd need a lawyer !.
I'm gonna ignore this lawyer's posts ..
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maximus777
08-17 02:38 PM
Well said. On a lighter not, maybe he got flagged because his IPL team Kolkata Knight Riders has so many Pak players in it, I wouldnt be surprised if someone mistook it for Karachi Knight Riders. :D
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blueyonder
05-11 11:05 PM
Enough of Nandhakumar bashing and patriotism .... this tread is about the sufferings of Srilankan Tamils. No one is trying to support LTTE. Clean up your head ... civilians are different from LTTE. Problem here is that every time someone talks about Srilankan tamils it is correlated with LTTE and the discussion is deliberately twisted.
Also stop calling names ... there is no TAMIL TERRORIST ... as there is no Hindi or English terrorist ... this is like branding the entire tamil speaking population.
Also stop calling names ... there is no TAMIL TERRORIST ... as there is no Hindi or English terrorist ... this is like branding the entire tamil speaking population.
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lc1978
01-13 02:23 PM
Long 19 page memo - but loud and clear for many scenarios -
http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf
This memo is an eye opener especially for folks on consulting company assignments and those who are self-sponsored or who want to do their own business. Finding a new H1 sponsor would be extremely difficult as well (AC21 folks beware).
Now getting a new H1 or a transfer or a renewal, may be subject to very stringent scrutiny.
This memo has the potential to throw a lot of small boutique Consulting companies out of business and along with it many of their employees - whether they use H1 or not.
Wish the best for all affected folks.
Pray and hope the GC dream is realized faster for all.
Best Wishes
Regards
http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf
This memo is an eye opener especially for folks on consulting company assignments and those who are self-sponsored or who want to do their own business. Finding a new H1 sponsor would be extremely difficult as well (AC21 folks beware).
Now getting a new H1 or a transfer or a renewal, may be subject to very stringent scrutiny.
This memo has the potential to throw a lot of small boutique Consulting companies out of business and along with it many of their employees - whether they use H1 or not.
Wish the best for all affected folks.
Pray and hope the GC dream is realized faster for all.
Best Wishes
Regards
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chantu
04-02 09:05 AM
Why I don't like Congress..
http://ibnlive.in.com/news/im-glad-the-truth-had-come-out-jagdish-tytler/89326-3.html
And our current PM is a Sikh. That is why I am saying that MMS does not have spine. He does not have self respect. He is warming PM's chair until Yuvraj is ready. There is no use of good academic record if you are a shameless chaprasi.
http://ibnlive.in.com/news/im-glad-the-truth-had-come-out-jagdish-tytler/89326-3.html
And our current PM is a Sikh. That is why I am saying that MMS does not have spine. He does not have self respect. He is warming PM's chair until Yuvraj is ready. There is no use of good academic record if you are a shameless chaprasi.
more...
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superdude
07-13 01:14 AM
very inappropriate for this site..we are fighting not giving up
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sammyb
02-13 02:41 PM
and realizing the issue itself...
we like the American citizens, live in a protectionist mode ... even if we are not getting benefitted but we still want to law in place as this gives some comfort in mind ...
I would ask all those who are opposing the removal of per country cap - for one day only lets switch your shoes with someone who filed his labor in 00 or 01 and see how it feels ... then come here tomorrow and discuss this issue again from the beginning ... you need to feel it to realize the pain...
it won't do any good by arguing against or for a cause which may or may not help you me or someone else ... the whole EB GC process is a mess and someone needs to exert the right push to make this correct ... at today�s date IV is the only organization doing that ... so join hands and do it together ... down the line after ten years you shouldn't feel that you have had the opportunity but you didn't do enough to take care of it...
What ever gave you the idea that EB ROW only wait for 3 years? There's this common misconception flying around here that somehow ROW just cruises by and we get GC handed to us on a platter when in fact up until yesterday EB-3 ROW was just as retrogressed as any other category not to mention that labor (pre PERM) and name check delays affected ROW just as much as everyone else. For instance, my brother, who is EB3-ROW with a PD of Dec 2002... and has been in the US since early 2000 and is still waiting in line...so do the math.
We're all in this crap together, some worse than others... so let's stop with this ROW Vs India & China nonsense. Country quotas are unfair and frankly the entire GC process is unfair and unpredictable... We should aim for solutions that solve this issue in a comprehensive way, not by dividing us even further.
we like the American citizens, live in a protectionist mode ... even if we are not getting benefitted but we still want to law in place as this gives some comfort in mind ...
I would ask all those who are opposing the removal of per country cap - for one day only lets switch your shoes with someone who filed his labor in 00 or 01 and see how it feels ... then come here tomorrow and discuss this issue again from the beginning ... you need to feel it to realize the pain...
it won't do any good by arguing against or for a cause which may or may not help you me or someone else ... the whole EB GC process is a mess and someone needs to exert the right push to make this correct ... at today�s date IV is the only organization doing that ... so join hands and do it together ... down the line after ten years you shouldn't feel that you have had the opportunity but you didn't do enough to take care of it...
What ever gave you the idea that EB ROW only wait for 3 years? There's this common misconception flying around here that somehow ROW just cruises by and we get GC handed to us on a platter when in fact up until yesterday EB-3 ROW was just as retrogressed as any other category not to mention that labor (pre PERM) and name check delays affected ROW just as much as everyone else. For instance, my brother, who is EB3-ROW with a PD of Dec 2002... and has been in the US since early 2000 and is still waiting in line...so do the math.
We're all in this crap together, some worse than others... so let's stop with this ROW Vs India & China nonsense. Country quotas are unfair and frankly the entire GC process is unfair and unpredictable... We should aim for solutions that solve this issue in a comprehensive way, not by dividing us even further.
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Leo07
06-16 04:58 PM
...immediate relief for legal immigrants, before Mr O gets to CIR?
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Why are we seeing posts related to porn on this site???????
sidbee
06-02 04:01 PM
I am sure once you take a lead and file it yourself many will agree with you then. People will know it is not just talk and posts but you mean it.
If i had the time and money , to do it , I wont be appealing to IV to do it.
I would have done it by now, and not requesting a team effort.
If i had the time and money , to do it , I wont be appealing to IV to do it.
I would have done it by now, and not requesting a team effort.
bfadlia
02-15 02:52 PM
Who created the monopoly?. Why are there less employers from other countries?. Who is preventing other employers from not hiring people from their own country?. It is a level playing field for all entreprenuers, right?...
anyways, why don't we just patch up and move on... I am getting tired of this already and there are thousands of other people who are feeling the same.
Human nature is what tends to create the monopoly. That's the reason for having laws, we know favorism will always exist but a law would prevent it from going over the limit. The way you want it we'll have whites-only-business, asians-only-business and so on..
When you are tired of this discussion you should ask to stop the ones who started it saying their people are better and brighter than others and hence deserve larger immigration volume, before you ask to stop the people who answer them.
anyways, why don't we just patch up and move on... I am getting tired of this already and there are thousands of other people who are feeling the same.
Human nature is what tends to create the monopoly. That's the reason for having laws, we know favorism will always exist but a law would prevent it from going over the limit. The way you want it we'll have whites-only-business, asians-only-business and so on..
When you are tired of this discussion you should ask to stop the ones who started it saying their people are better and brighter than others and hence deserve larger immigration volume, before you ask to stop the people who answer them.
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