irock
07-15 07:43 PM
Can you please post a link?
http://travel.state.gov/visa/frvi/bulletin/bulletin_4252.html
See under section E.
E. EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY
There have been questions raised regarding the way numbers have been provided to the China and India in the Employment Second preference categories beginning in April. Section 202(a)(5) of the Immigration and Nationality Act states that if total demand for visas in an Employment preference category is insufficient to use all available visa numbers in that category in a calendar quarter, then the unused numbers may be made available without regard to the annual per-country limit. (For example: If the second preference annual limit were 40,000, number use by �All Other Countries� were estimated to be only 25,000, and the China/India combined number use based on their per-country limits were 6,000, then there would be 9,000 numbers unused. Those 9,000 numbers could then be made available to China and India applicants without regard to their per-country limits.)
http://travel.state.gov/visa/frvi/bulletin/bulletin_4252.html
See under section E.
E. EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY
There have been questions raised regarding the way numbers have been provided to the China and India in the Employment Second preference categories beginning in April. Section 202(a)(5) of the Immigration and Nationality Act states that if total demand for visas in an Employment preference category is insufficient to use all available visa numbers in that category in a calendar quarter, then the unused numbers may be made available without regard to the annual per-country limit. (For example: If the second preference annual limit were 40,000, number use by �All Other Countries� were estimated to be only 25,000, and the China/India combined number use based on their per-country limits were 6,000, then there would be 9,000 numbers unused. Those 9,000 numbers could then be made available to China and India applicants without regard to their per-country limits.)
senthil1
06-22 12:12 PM
Just a simple question. Corporations are arguing that every year 100k new jobs are created in high tech. Even 75% of the new jobs are for H1b then only 75k H1bs are needed. Even if you include other jobs teacher,Healthcare you do not need more than 120K every year Why do you need unlimited H1bs? Any pro immigrant lobbying group is not giving justification in numbers though everyone accepts there should be increase in H1b numbers.There should be increase in GC numbers as backlog had increased(But in this case also no one gave correct numbers based on requirement) but nothing wrong in H1b quota and some regulations in H1b to minimise abuse.
Another aspect is in the bill they gave 115k H1b for 2008. If they do not put restrictions your company cannot get any new H1b as most of H1b quota will be used by Indian consulting companies in one day. Do you think it is correct?
If not correct what is your solution? Corporation solution for this problem is unlimited H1bs by giving exemption to STEM and US master degree holders from H1b quota.
I am also opposing the restrictions in H1b program in the bill. But I do not have any alternative solution for the problems in the H1b program.
Again, there is a common misconception that companies have unlimited access to talent in other countries, and the only limiting factor is the quota of H1B visas.
Not true, by a long shot.
To give a simple example, our company is looking for people in Australia, Denmark, Finland, Canada and UK since the pool of qualified people in India has dried up in our field. Can anyone guess where is the biggest talent pool? Nope, not in Bangalore, its right here in USA!! Not all companies are looking for the cheapest person. They are looking for the best person. And in many cases, the best person is already here, and has gathered more experience over the years working for US companies. But they cannot hire her, simply because she is on a visa and thereby beholden to another company. If she had a GC, that would free up the talent pool and thereby make many companies less reliant on H1Bs. Increasing GCs for EB candidates has the same effect as increasing H1 quota, with the added benefit of making the cream of the crop available and reducing the uncertainty and hassle of hiring an H1.
This is why it is in the best interest of companies to support EB GCs.
My friend Senthil makes the same mistakes (repeatedly, unfortunately):
(A) Assuming that "good" companies will not be affected by any change of increase in fees for H1B, since they presumably have unlimited pockets and unlimited access to unlimited talent. (Big ha!ha!)
(B) "Good" companies can always get to hire people in US if they exist, and the only reason they hire H1 is that they cannot find anyone in US as there is no one in US who is good enough for the job for love or money (Bigger ha!ha!)
As to the question "then why are companies not doing enough for EB candidates", I do not know, and neither does anyone know, truthfully. Maybe they are, but as someone pointed out, no single player in the CIR game has enough clout to run the whole show. Or else the bill would have been passed long ago.
Another aspect is in the bill they gave 115k H1b for 2008. If they do not put restrictions your company cannot get any new H1b as most of H1b quota will be used by Indian consulting companies in one day. Do you think it is correct?
If not correct what is your solution? Corporation solution for this problem is unlimited H1bs by giving exemption to STEM and US master degree holders from H1b quota.
I am also opposing the restrictions in H1b program in the bill. But I do not have any alternative solution for the problems in the H1b program.
Again, there is a common misconception that companies have unlimited access to talent in other countries, and the only limiting factor is the quota of H1B visas.
Not true, by a long shot.
To give a simple example, our company is looking for people in Australia, Denmark, Finland, Canada and UK since the pool of qualified people in India has dried up in our field. Can anyone guess where is the biggest talent pool? Nope, not in Bangalore, its right here in USA!! Not all companies are looking for the cheapest person. They are looking for the best person. And in many cases, the best person is already here, and has gathered more experience over the years working for US companies. But they cannot hire her, simply because she is on a visa and thereby beholden to another company. If she had a GC, that would free up the talent pool and thereby make many companies less reliant on H1Bs. Increasing GCs for EB candidates has the same effect as increasing H1 quota, with the added benefit of making the cream of the crop available and reducing the uncertainty and hassle of hiring an H1.
This is why it is in the best interest of companies to support EB GCs.
My friend Senthil makes the same mistakes (repeatedly, unfortunately):
(A) Assuming that "good" companies will not be affected by any change of increase in fees for H1B, since they presumably have unlimited pockets and unlimited access to unlimited talent. (Big ha!ha!)
(B) "Good" companies can always get to hire people in US if they exist, and the only reason they hire H1 is that they cannot find anyone in US as there is no one in US who is good enough for the job for love or money (Bigger ha!ha!)
As to the question "then why are companies not doing enough for EB candidates", I do not know, and neither does anyone know, truthfully. Maybe they are, but as someone pointed out, no single player in the CIR game has enough clout to run the whole show. Or else the bill would have been passed long ago.
addsf345
01-12 06:26 PM
Hi All,
I got a notice from uscis on sept 24th stating that my 485 has been withdrawn as my previous employer withdrew my 140. I filed in july 2007 , and ported to a new job in April 2008. I filed an MTR on 24th Sept, but the status of the MTR is still received and pending. Its going to be 180 days since my 485 has been withdrawn on march 9th. And my lawyer is saying that i have to leave this country if we dont get the MTR accepted before 180 days.
Gurus could you please suggest some ideas on all possible steps that can be taken..
Thanks
As per my knowledge, your lawyer waited too long and he/she may not be very well versed in immigration matters. When MTR is pending and If you do not receive anything within 60 to 90 days, you should immediately file an appeal in court. This is what I read on some forums, but I am not a lawyer, consult a good attorney soon. You need a seasoned professional immigration lawyer for this. Wish you very best of luck!
I got a notice from uscis on sept 24th stating that my 485 has been withdrawn as my previous employer withdrew my 140. I filed in july 2007 , and ported to a new job in April 2008. I filed an MTR on 24th Sept, but the status of the MTR is still received and pending. Its going to be 180 days since my 485 has been withdrawn on march 9th. And my lawyer is saying that i have to leave this country if we dont get the MTR accepted before 180 days.
Gurus could you please suggest some ideas on all possible steps that can be taken..
Thanks
As per my knowledge, your lawyer waited too long and he/she may not be very well versed in immigration matters. When MTR is pending and If you do not receive anything within 60 to 90 days, you should immediately file an appeal in court. This is what I read on some forums, but I am not a lawyer, consult a good attorney soon. You need a seasoned professional immigration lawyer for this. Wish you very best of luck!
BornConfused
07-03 03:58 PM
You probably mean after July 1?
OK...
That's a sunday, would they even accept any on sunday?
OK...
That's a sunday, would they even accept any on sunday?
more...
pvsramu
03-26 11:26 PM
MC,
With the porting thing happening crazily, It looks like your gc will be a dream for ever. Better you take ADMIN position in IV. Better you turn as approver.
With the porting thing happening crazily, It looks like your gc will be a dream for ever. Better you take ADMIN position in IV. Better you turn as approver.
gsmishra
07-27 10:23 AM
I thought A# is in I-140 approval notice.
It will still take many months for uscis to process our I-140 application.
I got the LIN number by calling USCIS...but have not got the receipt notice till now...
As there is an A# on I-140 form which needs to be written on all 485, 765 and 131 forms....i hope i get it in a day or two....
I-140 filed : July 12th
Reached NSC : July 16th
Receipt generated : July 16th
Still waiting for receipt Notice. :(
It will still take many months for uscis to process our I-140 application.
I got the LIN number by calling USCIS...but have not got the receipt notice till now...
As there is an A# on I-140 form which needs to be written on all 485, 765 and 131 forms....i hope i get it in a day or two....
I-140 filed : July 12th
Reached NSC : July 16th
Receipt generated : July 16th
Still waiting for receipt Notice. :(
more...
karanp25
06-28 03:00 AM
On a lighter note....the red marks alonside ur IV user profile...they indicate the number of feathers in ur hat---i got more red ones than anyone here..which means i may soon be in IV hall of fame ....once u end up there n still miss ur buddies here on IV forum...u gotta reboot ur modem n sign up again with a diff username... not as diff as an ead renewal:-)
take it easy---u r off the hook for 1 yr now!!!
You are right that it is a long wait...for me ten years is almost coming, but no relief yet. I hate to get these documents renewed every year. It is a vicious cycle whole year round to update one or the other document in different points of time. It is becoming a nightmare when we could do something useful instead.
And yes you are very right that I am responsible for my own choice, but after spending 10 years of my prime life and youth I think there are vey few options otherwise. More importantly when you have kids grown up and more assimilated here. You don't want to force your will on them. I hope you understand what I mean.
BTW, I am surprised that people have given me red dots from behind. Talk to me directly if you think I am wrong.
take it easy---u r off the hook for 1 yr now!!!
You are right that it is a long wait...for me ten years is almost coming, but no relief yet. I hate to get these documents renewed every year. It is a vicious cycle whole year round to update one or the other document in different points of time. It is becoming a nightmare when we could do something useful instead.
And yes you are very right that I am responsible for my own choice, but after spending 10 years of my prime life and youth I think there are vey few options otherwise. More importantly when you have kids grown up and more assimilated here. You don't want to force your will on them. I hope you understand what I mean.
BTW, I am surprised that people have given me red dots from behind. Talk to me directly if you think I am wrong.
nonimmi
03-14 03:50 PM
If many EB3 people start porting to EB2 then EB2 queue will grow. But if we think how many already jumped the line using so many ways...this is not a bad option at all. As long as we qualify for EB2 and employer is ready its the best thing to do for people waiting with 2002-2004 PD.
more...
goel_ar
03-29 10:35 AM
I read the news too at The Oh Law Firm (http://www.immigration-law.com/)
Hope this hold and comes true. All the best to my brothers and me.
Happy over one-week movement?
Hope this hold and comes true. All the best to my brothers and me.
Happy over one-week movement?
nogc_noproblem
07-13 11:04 PM
Based on the various discussions in this forum, the number is expected to be around 20k. No concrete evidence for this claim.
It will be interesting to see Sep bulletin. Because at present except EB2 I & C all other categories are either C or U. So, each and every visa will go to EB2 I & C and there will be plethora of approvals beginning Aug 1st. I-485 processing date is in July ’07 (both at TSC and NSC) and all the pending EB2 (till June 1st 06) may not be ready to adjudicated (RFE, denials, I-140 not cleared etc). If the above numbers are correct and given the fact that additional numbers will be available beginning Oct (2008 quota), there is bright chance that EB2 dates may still move further. This is my personal opinion.
Does any one has any Idea or back of the envelope calculation as to how many EB2 visas (for all countries) may be left for the remainder of FY'07?
The reason I am saying Eb2 all and not EB2 India, as most of the 485 applications filled in early July 485 were from India. Hence, given the new interpretation of visa overflow, almost all will be assigned to this category.
It will be interesting to see Sep bulletin. Because at present except EB2 I & C all other categories are either C or U. So, each and every visa will go to EB2 I & C and there will be plethora of approvals beginning Aug 1st. I-485 processing date is in July ’07 (both at TSC and NSC) and all the pending EB2 (till June 1st 06) may not be ready to adjudicated (RFE, denials, I-140 not cleared etc). If the above numbers are correct and given the fact that additional numbers will be available beginning Oct (2008 quota), there is bright chance that EB2 dates may still move further. This is my personal opinion.
Does any one has any Idea or back of the envelope calculation as to how many EB2 visas (for all countries) may be left for the remainder of FY'07?
The reason I am saying Eb2 all and not EB2 India, as most of the 485 applications filled in early July 485 were from India. Hence, given the new interpretation of visa overflow, almost all will be assigned to this category.
more...
srkamath
07-17 07:36 PM
The current interpretation of spilling over to EB2 before EB3 is CORRECT. If there are three preference categories, EB1,2,3, then it is in the best national interest to maximize allocations to higher preference categories. Note that Eb3 and 4 are even lower preferences, they get only 7.1% each and NO SPILLOVERS. The preference system is in the order of EB1,2,3,4,5 - that is the law.
Is it fair to EB3 ? - NO as they have to wait much longer.
USCIS and DOS are trying hard to get all EB2 to become current asap. By doing so..
1. USCIS / DOS will look efficient (only EB3 will be backlogged)
2. 2010 onwards EB3 will get a lot more spillovers
Of course, if we have EB3 to EB2 conversions by the thousands, then the DOL - USCIS combo will clamp down on it, they will scrutinize the cases even more, slow down the processing and we will have EB2 and EB3 retrogressed for a decade.
Is it fair to EB3 ? - NO as they have to wait much longer.
USCIS and DOS are trying hard to get all EB2 to become current asap. By doing so..
1. USCIS / DOS will look efficient (only EB3 will be backlogged)
2. 2010 onwards EB3 will get a lot more spillovers
Of course, if we have EB3 to EB2 conversions by the thousands, then the DOL - USCIS combo will clamp down on it, they will scrutinize the cases even more, slow down the processing and we will have EB2 and EB3 retrogressed for a decade.
ilikekilo
05-30 12:52 PM
http://www.siliconindia.com/shownews/British_visa_regime_affects_Indian_nationals-nid-21278.html
LONDON: Nationals from India, Pakistan and four other countries would now need a visa to even travel through the UK on their way to a third country, the Home Office announced on Wednesday.
The new visa regime -- 'Direct Airside Transit Visa (DATV)' -- would come into effect from midnight tonight, it said in a news release. The other countries affected by DATV are Bangladesh, Angola, Cameroon and Lebanon.
Previously, nationals of these countries needed the visas to visit the UK, but could do without one if they were passing through, within 24 hours.
The Home Office cited six reasons as to why the measure was being introduced saying "there is a significant level of abuse of the UK immigration control committed by Indian nationals".
Home Office Minister Beverley Hughes said, "We are responding to intelligence that a growing number of nationals from these countries are using the transit route to flout our immigration controls and to enter the UK illegally or to make unfounded asylum applications."
He said the announcement was part of a package of measures being used to strengthen UK border controls abroad, including new screening technology and better use of intelligence to break up gangs that profit from the trade in illegal immigrants.
He also said that the UK is committed to a continued increase in the number of visitors and students from India.
"We can ensure that those who do not qualify under these waivers and who need to apply for a DATV can do so as smoothly as possible and at any of our 11 visa application collection offices across India at a cost of Rs 2,150," he said.
On why Indian nationals would need DATV, the release attributed it to the significant level of abuse of the UK immigration control by them.
It said between January to June this year there was evidence to indicate that Indian nationals accounted for 40 per cent of the cases where passengers able to transit the UK without a visa and who then sought to stay here illegally or by making an asylum claim involved Indian nationals.
Last year, around 2000 Indian nationals applied for asylum in the UK and indications were that the number this year would be even higher.
Further, during the same period some 400 arrived without any documents and more than 270 using forged documents.
Indian nationals account for the highest number of asylum applications made on arrival in the UK, it said adding that this was part of a general tightening of controls to prevent abuse of the asylum system.
Its funny how some so called indian "newspapers" like siliconIndia are very religious to echo the "statements" and "Sentiments" of these people from other countries. Again, this article states "it is said...bla bla", they are talking as though it has become an epidemic and all the billion plus people from India are gonna follow to their greener pastures. Yes, these countries can do what they need and can do, but for God's sake, dont paint a sorry a$$ picture. They jsut continue to show how ignorant and foolish they are :)
LONDON: Nationals from India, Pakistan and four other countries would now need a visa to even travel through the UK on their way to a third country, the Home Office announced on Wednesday.
The new visa regime -- 'Direct Airside Transit Visa (DATV)' -- would come into effect from midnight tonight, it said in a news release. The other countries affected by DATV are Bangladesh, Angola, Cameroon and Lebanon.
Previously, nationals of these countries needed the visas to visit the UK, but could do without one if they were passing through, within 24 hours.
The Home Office cited six reasons as to why the measure was being introduced saying "there is a significant level of abuse of the UK immigration control committed by Indian nationals".
Home Office Minister Beverley Hughes said, "We are responding to intelligence that a growing number of nationals from these countries are using the transit route to flout our immigration controls and to enter the UK illegally or to make unfounded asylum applications."
He said the announcement was part of a package of measures being used to strengthen UK border controls abroad, including new screening technology and better use of intelligence to break up gangs that profit from the trade in illegal immigrants.
He also said that the UK is committed to a continued increase in the number of visitors and students from India.
"We can ensure that those who do not qualify under these waivers and who need to apply for a DATV can do so as smoothly as possible and at any of our 11 visa application collection offices across India at a cost of Rs 2,150," he said.
On why Indian nationals would need DATV, the release attributed it to the significant level of abuse of the UK immigration control by them.
It said between January to June this year there was evidence to indicate that Indian nationals accounted for 40 per cent of the cases where passengers able to transit the UK without a visa and who then sought to stay here illegally or by making an asylum claim involved Indian nationals.
Last year, around 2000 Indian nationals applied for asylum in the UK and indications were that the number this year would be even higher.
Further, during the same period some 400 arrived without any documents and more than 270 using forged documents.
Indian nationals account for the highest number of asylum applications made on arrival in the UK, it said adding that this was part of a general tightening of controls to prevent abuse of the asylum system.
Its funny how some so called indian "newspapers" like siliconIndia are very religious to echo the "statements" and "Sentiments" of these people from other countries. Again, this article states "it is said...bla bla", they are talking as though it has become an epidemic and all the billion plus people from India are gonna follow to their greener pastures. Yes, these countries can do what they need and can do, but for God's sake, dont paint a sorry a$$ picture. They jsut continue to show how ignorant and foolish they are :)
more...
test101
07-06 07:24 PM
Updates:
I got an email from my law firm, that my packet was refused to be accepted by USCIS.
I received the email from my law firm (Monday night - July 2) that:
Please note however your case was sent to Nebraska last night and did arrive - we tried!
Which means mine was sent or reached NSC sunday night or must have been hand delievered early Mon morning. Don't know exactly what happened. I just trust them!!!!
I didn't bother to ask my law firm further details. I will ping them first thing monday morning and try to give any update I get. I hope they have some proof of the refusal!!!!!!!............
it seems that it was delievered late july 2nd for USCIS to refuse accepting yor package. From what you wrote it seems the package has been returned without opening !!!
sorry again about your news.
I got an email from my law firm, that my packet was refused to be accepted by USCIS.
I received the email from my law firm (Monday night - July 2) that:
Please note however your case was sent to Nebraska last night and did arrive - we tried!
Which means mine was sent or reached NSC sunday night or must have been hand delievered early Mon morning. Don't know exactly what happened. I just trust them!!!!
I didn't bother to ask my law firm further details. I will ping them first thing monday morning and try to give any update I get. I hope they have some proof of the refusal!!!!!!!............
it seems that it was delievered late july 2nd for USCIS to refuse accepting yor package. From what you wrote it seems the package has been returned without opening !!!
sorry again about your news.
rajtp
04-28 12:36 PM
Paypal Receipt ID: 46D6598937139321B
more...
vdlrao
07-14 11:04 AM
EB2 dates may be unavailable/ dont move. But it is just for a very short span of time. And after that EB2 dates start moving quickly again. I presume by 2009 october, the EB2 India PD will close to 2008. Any retrogression, if ther is, in EB2 will be very mild from now on because of the spillovers.
Regarding EB3: Every year there had been about 100k approvals in EB3 category, out of around 160K(even though there are 140k visas, there have been approving more because they are using unused family visa numbers) approvals in Employment Based Category. This is because of vertical fall outs of visa numbers. Now they have changed the scenario to horizontal fall outs (spreading across at the same category level( ex. EB2) irrespective of country of chargeability.). So this time it would be around 100K approvals in EB2 category.
Let us make as much noice as we could because of EB3 retrogression. That doesnt effect EB2 movement. But may make it possible visa numbers increase for EB category by legislation. So we have to support this agitation made by our EB3 friends.
I could seee all the EB3 folks with PD older than 2006 and EB2 folks with PD older than 2008 will be cleared off in the next two years. I am sure there wont be not more than 1 or 2 years delay between EB2 and EB3 categories in near future.And there are lot of things going to happen for employment based immigratin in the next two years.
Regarding EB3: Every year there had been about 100k approvals in EB3 category, out of around 160K(even though there are 140k visas, there have been approving more because they are using unused family visa numbers) approvals in Employment Based Category. This is because of vertical fall outs of visa numbers. Now they have changed the scenario to horizontal fall outs (spreading across at the same category level( ex. EB2) irrespective of country of chargeability.). So this time it would be around 100K approvals in EB2 category.
Let us make as much noice as we could because of EB3 retrogression. That doesnt effect EB2 movement. But may make it possible visa numbers increase for EB category by legislation. So we have to support this agitation made by our EB3 friends.
I could seee all the EB3 folks with PD older than 2006 and EB2 folks with PD older than 2008 will be cleared off in the next two years. I am sure there wont be not more than 1 or 2 years delay between EB2 and EB3 categories in near future.And there are lot of things going to happen for employment based immigratin in the next two years.
satishku_2000
09-21 07:19 PM
You could have called the local finger print office, and asked to move to another day because of travel. They let me come in 2 weeks early because of a flight. I had tickets in hand but they didn't ask to see.
I am not quite proud of what I did ... :(
I am not quite proud of what I did ... :(
more...
nat23
09-25 01:35 PM
that is not an option
malibuguy007
06-01 03:54 PM
Confirmation Number: B77QX-MW3FS for $100
H4_losing_hope
02-29 02:52 PM
Thank you to the people who are still sending their letters in today, they all count and we all appreciate your efforts. Let's do this IV, pull as many as you can today!
GO IV!
GO IV!
saileshdude
01-13 01:07 PM
Couple of more questions regarding the dependant AP renewal:
1) Is it necessary to send the previous AP copy. The instructions of I-131 do not mention anything of sending previous copies. Dependent's AP is expired.
2) And as my spouse is maintaining her own H1 and has renewed it last year, do we need to send a copy of recent I-797 also along with the supporting docs. I have written "H1/Pending AOS" in 'Class of Admission' question. So I am assuming I need to send a copy recent H1 also since in the instructions they ask for any current USCIS doc showing status.
Thanks in advance
1) Is it necessary to send the previous AP copy. The instructions of I-131 do not mention anything of sending previous copies. Dependent's AP is expired.
2) And as my spouse is maintaining her own H1 and has renewed it last year, do we need to send a copy of recent I-797 also along with the supporting docs. I have written "H1/Pending AOS" in 'Class of Admission' question. So I am assuming I need to send a copy recent H1 also since in the instructions they ask for any current USCIS doc showing status.
Thanks in advance
laborchic
11-16 12:38 PM
Come on folks.
Join the state chapters.. This is the time to act.
Join the state chapters.. This is the time to act.
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