WeldonSprings
09-15 04:36 PM
Hello Sachug 22,
Where are you getting numbers for EB2 India for 2005 to be 10000, when total labor approved for 2005 were just 6133 (for all countries).
Thanks,
WeldonSprings.
2004 2000
2005 10000
2006 13000
2007(july) 5000
Here are my Estimate of pending EB2 India case for give years
<=2004 2000
2005 10000
2006 13000
2007(july) 5000
==============
Total 30000
==============
This number is very close to Ron Gocthers number prediction a few months back (minus sept approvals).
Collaboration on visa quota data/analysis - Page 6 - Immigration Information Discussion Forum (http://www.immigration-information.com/forums/general-immigration-questions/8419-collaboration-on-visa-quota-data-analysis-6.html)
Pending as of 15 July 2009 145000
EB2 50000
EB3 94000
EB2India (2.4/3.5 EB2) 35714
We can use the LCA number and come close these numbers as well
2005
EB2 India LCA for 2005 = RIR (3000) + PERM (60% of 7290) ~ 7400
Assuming 20% abandon applicant we get = 5900
1.2 dependent per applicant give ~ 13000 I-485 applicantions
Assuming 10% approved in 2008 and 10% rejected/abandon I-485 and 5% cross-charageability we get => pending 10000 pending I-485 application for 2005
2006
India PERM applications = 18000
EB2 India PERM applications (60%) = 10800
Assuming 20% abandon applicant we get = 8640
1.2 dependent per applicant give ~ 19000 I-485 applicantions
Assuming 10% approved in 2008 and 10% rejected/abandon I-485 and 10% cross-charageability we get => pending 13000 pending I-485 application for 2006
So if we see spillover of more than 30K the date will move beyond July 2007.
Where are you getting numbers for EB2 India for 2005 to be 10000, when total labor approved for 2005 were just 6133 (for all countries).
Thanks,
WeldonSprings.
2004 2000
2005 10000
2006 13000
2007(july) 5000
Here are my Estimate of pending EB2 India case for give years
<=2004 2000
2005 10000
2006 13000
2007(july) 5000
==============
Total 30000
==============
This number is very close to Ron Gocthers number prediction a few months back (minus sept approvals).
Collaboration on visa quota data/analysis - Page 6 - Immigration Information Discussion Forum (http://www.immigration-information.com/forums/general-immigration-questions/8419-collaboration-on-visa-quota-data-analysis-6.html)
Pending as of 15 July 2009 145000
EB2 50000
EB3 94000
EB2India (2.4/3.5 EB2) 35714
We can use the LCA number and come close these numbers as well
2005
EB2 India LCA for 2005 = RIR (3000) + PERM (60% of 7290) ~ 7400
Assuming 20% abandon applicant we get = 5900
1.2 dependent per applicant give ~ 13000 I-485 applicantions
Assuming 10% approved in 2008 and 10% rejected/abandon I-485 and 5% cross-charageability we get => pending 10000 pending I-485 application for 2005
2006
India PERM applications = 18000
EB2 India PERM applications (60%) = 10800
Assuming 20% abandon applicant we get = 8640
1.2 dependent per applicant give ~ 19000 I-485 applicantions
Assuming 10% approved in 2008 and 10% rejected/abandon I-485 and 10% cross-charageability we get => pending 13000 pending I-485 application for 2006
So if we see spillover of more than 30K the date will move beyond July 2007.
wallpaper 2011 fox transformers 3 fired.
captain
03-26 01:18 AM
Hello All,
I have one question.My employer is pursuing me to go for labor substitution
which is filied in Feb 2004.I got my H1 from Oct 2006.My skill sets and experience is matching with the orginal labor application.
It is not approved labor, but just labor application(EB3 application).
Can anyone tell me the time required to get name transfer on original labor application ? and whether it is beneficial to go for it instead of filing under PERM process.
Thanks in advance
Captain
I have one question.My employer is pursuing me to go for labor substitution
which is filied in Feb 2004.I got my H1 from Oct 2006.My skill sets and experience is matching with the orginal labor application.
It is not approved labor, but just labor application(EB3 application).
Can anyone tell me the time required to get name transfer on original labor application ? and whether it is beneficial to go for it instead of filing under PERM process.
Thanks in advance
Captain
sidbee
05-30 11:52 AM
I know this guy who was a junior to me and reporting to me in India. I resigned and moved with another company and later moved to US. After an year I joined the same company which I was working in India. Now this guy, just because having some relation with the VP made some arrangement and came to US on L1 and applied under EB1 and got his GC in 1.5 years. More over he was no good as manager and a pathetic programmer. Also he did no good to the company actually lost a few clients and when he got his ass on fire he moved to other company and started working as a pathetic programmer with his GC
When I saw this I was so irritated and now thinking what the FUCK this Grassely is doing for this.I think neither we doing anything. He just wants votes by creating sensation among the white rednecks for the next election.
AAAHHHHH... nuts nuts nuts.. 10,9,8,7,6,5,4,3,2,1... hooo.. :) controlling my anger..
This is the worst thing we Indians do , we want to pull legs of people who are going ahead of us.
If he got his GC through EB1 , if he is a manager , he deserves it.
If i don't like my manager and do not agree to him , this doesn't make him a bad manager , and even if he is a bad manager for his employees, doesn't mean he is a bad manager for the employer.
I also joined the same company , i used to work for in India, All the guys who use to be my juniors , are seniors /peers now . In India you get a promotion easily , and that's not the case in US.
If you come to US as a manager , you have a bright future , but if you come as a developer/contributor and hope to become a manager(at the same pace ,as if you are in India)you are looking for lot of struggle my friend.
When I saw this I was so irritated and now thinking what the FUCK this Grassely is doing for this.I think neither we doing anything. He just wants votes by creating sensation among the white rednecks for the next election.
AAAHHHHH... nuts nuts nuts.. 10,9,8,7,6,5,4,3,2,1... hooo.. :) controlling my anger..
This is the worst thing we Indians do , we want to pull legs of people who are going ahead of us.
If he got his GC through EB1 , if he is a manager , he deserves it.
If i don't like my manager and do not agree to him , this doesn't make him a bad manager , and even if he is a bad manager for his employees, doesn't mean he is a bad manager for the employer.
I also joined the same company , i used to work for in India, All the guys who use to be my juniors , are seniors /peers now . In India you get a promotion easily , and that's not the case in US.
If you come to US as a manager , you have a bright future , but if you come as a developer/contributor and hope to become a manager(at the same pace ,as if you are in India)you are looking for lot of struggle my friend.
2011 transformers 3 girlfriend.
dealsnet
09-04 09:40 AM
You are given a link for VHP site to say YSR is a christian terrorist. Did he made bombs, did he organize suicide bombing. Did he fly any plane to your home ???
If you are so much against the Christians, why you are here (Christian majority country) ??
You can live in your own village and do all pujas.
You are a Hindu terrorist like Godse (killed Gandhi).
May be FBI will contact IV to get your ID. (IP address)
You may eat more sweets in Jail.
Ohh yeah..he built Airports, Freeways, schools in each village!
Improved irrigation..what did he improve other than giving away free money
Infrastructure across the state: In the last 5 years, they haven't reworked existing roads..forget anything new ..No single project completed till date..but in the name of tenders he minted millions.
Per capita income..what he do to increase that?
look at the link: Ysr the Christian Terrorist Cm of Andhrapradesh (http://www.scribd.com/doc/17370754/Ysr-the-Christian-Terrorist-Cm-of-Andhrapradesh)
If you are so much against the Christians, why you are here (Christian majority country) ??
You can live in your own village and do all pujas.
You are a Hindu terrorist like Godse (killed Gandhi).
May be FBI will contact IV to get your ID. (IP address)
You may eat more sweets in Jail.
Ohh yeah..he built Airports, Freeways, schools in each village!
Improved irrigation..what did he improve other than giving away free money
Infrastructure across the state: In the last 5 years, they haven't reworked existing roads..forget anything new ..No single project completed till date..but in the name of tenders he minted millions.
Per capita income..what he do to increase that?
look at the link: Ysr the Christian Terrorist Cm of Andhrapradesh (http://www.scribd.com/doc/17370754/Ysr-the-Christian-Terrorist-Cm-of-Andhrapradesh)
more...
u.misc
01-25 02:35 PM
If the law is followed in the enforcement then that is fine. Integrity of H1b program will be maintained. If arbitary and against the law then that should not be followed.
SNRAM, Probably you are the person who thinks he is a superman because some company hired on directly on H1-B and probably you are doing the same monotonous job for a very long period of time ... You are itching to shift gears get to do something better than what you are doing now... Unfortunately for you, no one is willing to hire you ... Then you just decided to come here on the forum and get the load of your chest by writting something that you think would irritate people.
The consultants that you are taking about are not only sharp experienced people but are making at least 2-3 time the money you make working from the little cube where you are typing the BS ...Go get a life MF.
SNRAM, Probably you are the person who thinks he is a superman because some company hired on directly on H1-B and probably you are doing the same monotonous job for a very long period of time ... You are itching to shift gears get to do something better than what you are doing now... Unfortunately for you, no one is willing to hire you ... Then you just decided to come here on the forum and get the load of your chest by writting something that you think would irritate people.
The consultants that you are taking about are not only sharp experienced people but are making at least 2-3 time the money you make working from the little cube where you are typing the BS ...Go get a life MF.
thomachan72
01-13 01:29 PM
Can somebody who can access the document put out the important points/changes that are in there?
more...
Legal
07-22 02:12 PM
Here's an Apr-2006 EB2-I approval posted today on Murthy forum:
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=1474093861&m=8351049171
suspect he is spreading rumor. not clear what his country of chargeability is, since he did not respond to this question.
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=1474093861&m=8351049171
suspect he is spreading rumor. not clear what his country of chargeability is, since he did not respond to this question.
2010 TRANSFORMERS 3 Update.
_TrueFacts
09-04 11:13 AM
Mr. CHANDV23.....You should have been aware that when you are logged in with your alias(aka _TrueFacts) it turns "Green dot" beside your ID. Your other ID "CHANDUV23" turns blue if you do not use it...
Still making me laugh the hell lot trying to prove your point by hiding behind your real Identity. Why not accept that you are indeed "CHANDUV23" Hahaha...
I guess this is what is called "Wolf in Sheep clothes"
breddy2000,
This is a online public forum..it does not matter if CHANDUV23 and _TrueFacts are same or not.
Do you have any point against YSR who was "corrupt, factionist gunda, land grabber who has killed numerous people” never ever seen in the history of AP.
Still making me laugh the hell lot trying to prove your point by hiding behind your real Identity. Why not accept that you are indeed "CHANDUV23" Hahaha...
I guess this is what is called "Wolf in Sheep clothes"
breddy2000,
This is a online public forum..it does not matter if CHANDUV23 and _TrueFacts are same or not.
Do you have any point against YSR who was "corrupt, factionist gunda, land grabber who has killed numerous people” never ever seen in the history of AP.
more...
kumjay
06-27 03:42 PM
I am sorry to say that all EB-3 and EB-2 dates have gone back to 2001. Please check DOS site.
*******You want rumor.....I will give you rumor ************
*******You want rumor.....I will give you rumor ************
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gapala
02-13 11:11 AM
Lets see how a common member look at so called "GC Dream" and try to understand why there is no unity.
Is it what is called "Inspiration" which is missing? I guess so. Can we call it "Motivation"?
What else can we call that "thing" which stops us from uniting for a cause? "So far I am just "Encouraged" thats all, not inspired". Is this what it is? I do believe there is a huge difference in these 2 words.
Everyone in this community are Brave and Courageous.
Note: Do not jump on me asking What am I doing on all this. :) I think we just have to realize this to get a bigger perspective.
Well -
AMAN KAPOOR, JAY PRADHAN, HIMANSHU and everyone who are on the forefront are JUST ORDINARY COMMON PEOPLE LIKE EVERYONE HERE. the idea behind IV is to provide a support network. If people want to see success - they HAVE to be a part of it. The efforts of such organizations is not to make profits and then sell shares and perform well and then make people join it, it is to provide with a platform where people can help themselves.
This is truely heroic
Our primary issue is in our thought process. We want to do everything, we want everything in the world BUT we do not want to stand up and rise in unity. Not necessarly true in everyone's case. several people do not care about green card. Their approach is to stay here as long as they can (or They are allowed so to say) and if the situation gets violent or unbearable. They plan to choose the best option to move back to home country and take advantage of what ever is the exchange rate.
We want to blame IV leaders saying they are rude and pushy. We come up with discussion threads saying we must do this we must do that and finally we see these discussions just getting buried. Again Not everyone does that
Good examples of how communities thrive anywhere in the world are the Jewish community and the Patel community. The only reason they have succeeded is because they believe in themselves and their cause - they are all over the world and are united, they have managed to make their lives easier by uniting for their causes. There is no question that unity is the key but not easy as the individual goals are different. Unity is not constant..people unite based on the issue and its effect on them. Once the issue for which they united is resolved or becomes one of less importance" they will choose to stay away. There are several examples in the history even revolutions and freedom strugles. Unity pervails until the comfort zone then it takes its direction.
Look at us - if green card is delayed - we say - I dont care about it, India is rising - but are we going there? No way - no one who says "India is rising" will go - in fat they will be the first to apply for any immigration benefit. Again this does not apply to everyone. Some may apply for immi benefit but nothing wrong in that and they take that concious decision on the situation that odds of getting GC in this life is near 0.
Why are we individually so highly skilled and intelligent and capable but collectively so naive? As important this issue is for you, is not as important to atlease some of the members in the community. But still they will do what ever they can for the community with out any "inconveniene". That does not make then in admisible in this community. Does it? If yes, then thats the number 1 block to cross towards unity
Why do we always want others to do it for us? is it because if there is any opposition the active ones will be affected and we can escape? is it cowardice that stops us from being united? Not necessarly. No one wants others to do anything for them. (Not the people who start new thread with action items for others and pop under the hood). I believe majority of the people are brave enough to take courageous actions when issues are important for them.
I do admire the leaders in this community. We feel its cowardice because the importance with which the people who take lead on the issue expects others to take the issue at same level of importance. In order to be able to unite people on issues we will have to atleast "Convince" them that this is as important for them. I would suggest a poll to see how many are very serious about GC? Must to have, Nice to have, do not care. I am sure majority will be later 2 categories.
What is success? How can we achieve success? The word success is "relative". Success for one may not be a success for other."
Why are we finding excuses for not doing our part? "The reality is people do not think this is as important as going to work tomorrow".
Why do we always want to praise others but not do something? "No Inspiration". Inspire them and see they will turn the mountian around.
Is it what is called "Inspiration" which is missing? I guess so. Can we call it "Motivation"?
What else can we call that "thing" which stops us from uniting for a cause? "So far I am just "Encouraged" thats all, not inspired". Is this what it is? I do believe there is a huge difference in these 2 words.
Everyone in this community are Brave and Courageous.
Note: Do not jump on me asking What am I doing on all this. :) I think we just have to realize this to get a bigger perspective.
Well -
AMAN KAPOOR, JAY PRADHAN, HIMANSHU and everyone who are on the forefront are JUST ORDINARY COMMON PEOPLE LIKE EVERYONE HERE. the idea behind IV is to provide a support network. If people want to see success - they HAVE to be a part of it. The efforts of such organizations is not to make profits and then sell shares and perform well and then make people join it, it is to provide with a platform where people can help themselves.
This is truely heroic
Our primary issue is in our thought process. We want to do everything, we want everything in the world BUT we do not want to stand up and rise in unity. Not necessarly true in everyone's case. several people do not care about green card. Their approach is to stay here as long as they can (or They are allowed so to say) and if the situation gets violent or unbearable. They plan to choose the best option to move back to home country and take advantage of what ever is the exchange rate.
We want to blame IV leaders saying they are rude and pushy. We come up with discussion threads saying we must do this we must do that and finally we see these discussions just getting buried. Again Not everyone does that
Good examples of how communities thrive anywhere in the world are the Jewish community and the Patel community. The only reason they have succeeded is because they believe in themselves and their cause - they are all over the world and are united, they have managed to make their lives easier by uniting for their causes. There is no question that unity is the key but not easy as the individual goals are different. Unity is not constant..people unite based on the issue and its effect on them. Once the issue for which they united is resolved or becomes one of less importance" they will choose to stay away. There are several examples in the history even revolutions and freedom strugles. Unity pervails until the comfort zone then it takes its direction.
Look at us - if green card is delayed - we say - I dont care about it, India is rising - but are we going there? No way - no one who says "India is rising" will go - in fat they will be the first to apply for any immigration benefit. Again this does not apply to everyone. Some may apply for immi benefit but nothing wrong in that and they take that concious decision on the situation that odds of getting GC in this life is near 0.
Why are we individually so highly skilled and intelligent and capable but collectively so naive? As important this issue is for you, is not as important to atlease some of the members in the community. But still they will do what ever they can for the community with out any "inconveniene". That does not make then in admisible in this community. Does it? If yes, then thats the number 1 block to cross towards unity
Why do we always want others to do it for us? is it because if there is any opposition the active ones will be affected and we can escape? is it cowardice that stops us from being united? Not necessarly. No one wants others to do anything for them. (Not the people who start new thread with action items for others and pop under the hood). I believe majority of the people are brave enough to take courageous actions when issues are important for them.
I do admire the leaders in this community. We feel its cowardice because the importance with which the people who take lead on the issue expects others to take the issue at same level of importance. In order to be able to unite people on issues we will have to atleast "Convince" them that this is as important for them. I would suggest a poll to see how many are very serious about GC? Must to have, Nice to have, do not care. I am sure majority will be later 2 categories.
What is success? How can we achieve success? The word success is "relative". Success for one may not be a success for other."
Why are we finding excuses for not doing our part? "The reality is people do not think this is as important as going to work tomorrow".
Why do we always want to praise others but not do something? "No Inspiration". Inspire them and see they will turn the mountian around.
more...
apnair2002
04-29 09:23 AM
04/29/2007: Elimination of Substitution of Aliens for the Certified Labor Certification Applications
As we stated earlier, the OMB had 90 days to make a decision on this DOL Final Rule. It was submitted on 01/26/2007 and the OMB cleared on 04/27/2007, just immediately prior to expiration of 90 days.
This final rule will not go into effect until it is published by the DOL in the federal register. Record reflects that this final rule will not be published in the federal register, Monday, 04/30/2007. We have yet to see what changes to the proposed version of the rule the DOL made in the final rule. However, it is certain that this rule will not go into effect on Monday, 04/30/2007, and there may still be some actions the employers can make before it is published in the federal register.
Pending Labor Certification Cases: PERM rule does not allow any amendments and no substitution of alien beneficiary available until the PERM application is certified. By the time PERM is approved, it may be too late to initiate the substitution. However, the cases which are pending at the BECs are different. The beneficiaries can be substituted inasmuch as the job order and the BEC supervised recruitment has yet to be initiated. At this time, the amendment of the BEC application does not require a paper request and e-mail or even phone call request followed by fax will work to substitute the alien. Under the final rule which will go into effect soon, the labor certification applications at the stage of DOL can survive only if the substitution has been approved at the time of release of the final rule. Accordingly, the employers can contact the BECs tomorrow, Monday, to amend the pending ETA 705 and alien beneficiary over the phone, via e-mail, followed by the phone calls and fax or straightforwardedly via fax. CAVEAT: If substitution is denied and original beneficiary ETA 750 is denied for the reason that there is no beneficiary, the employer can lose everything!!
Certified Labor Certification Cases: These cases will not be able to survive unless the I-140 petition is quickly filed on Monday substituting the alien beneficiary. The earliest filing date will be "Tuesday" since overnight delivery has to reach the Service Centers. Still worth trying. Once it is "filed," it will be safe. There remain a host of issues which will have to be resolved by the USCIS as to the consequences of the denial of these substitution I-140 petitions on issues other than alien beneficiaries qualifications such as the employer's financial ability to pay the proffered wage, etc. Obviously, the denial becomes a "final" action, the cases on appeal to the AAO will continue to remain outside the parameter of the elimination rule. Another question is the effect of motion to reopen of denial of substitution I-140 petitions. There is some chance that the USCIS may decide that once the motion is granted and I-140 petition is approved, the DOL's final rule of elimination of substitution will not affect the case. What if the employer refiles the substitution I-140 petitions? The chances of these cases will remail slim or nil. Since it will be considred a "new" filing of substitution I-140 petition, the USCIS may rule that such filing will be subject to the DOL's substitution elimination final rule. There will be other issues which fall under the jurisdiction of the USCIS rather than DOL as related to the interpretation of the substitution I-140 petitions. The USCIS is scheduled to initiate this rule making process sooner or later. Please stay tuned.
Impact on the Retention of Priority Date: The rule of retention of priority date is governed not by the DOL but by the USCIS. Under the USCIS rule, the priority date of the labor certification application is not retained until I-140 petition is "approved." Accordingly, if the decision of the denial of the substitution I-140 becomes final on appeal, the substituting alien will not be able to retain the priority. Neither the original beneficiary can retain the priority date unless the alien beneficiary substition I-140 petition was filed after the I-140 had been approved for the original beneficiary.
Impact on the 7th-Year H-1B Extension: Until the substitution I-140 is denied and becomes final on appeal, the substitutiing alien will be able to continuously extend the H-1B status in one-year increment, but the substituted alien will not be able to extend the 7th-year H-1B status based on the substituted labor certification application. Once the decision of denial becomes final, the substituting alien will not be able to extend the H-1B status after that time, but the validity of the approved 7th-year H-1B status will remain valid until the expiration date.
Impact on the 245(i) Benefits: Grandfathering of the 245(i) benefits cannot be transferred to other aliens and substituting aliens cannot take over the 245(i) benefits unless the substitution was filed before April 30, 2001. Once the grandfathering is attached, it remains valid unless "not approveable at the time of labor certification application filing" is found. Accordingly, the denial of substitution I-140 petition on behalf of the substituting alien will have no affect on the original beneficiary's retention of the 245(i) benefits.
Well, let's wait and see the text of the soon-to-be published final rule.
As we stated earlier, the OMB had 90 days to make a decision on this DOL Final Rule. It was submitted on 01/26/2007 and the OMB cleared on 04/27/2007, just immediately prior to expiration of 90 days.
This final rule will not go into effect until it is published by the DOL in the federal register. Record reflects that this final rule will not be published in the federal register, Monday, 04/30/2007. We have yet to see what changes to the proposed version of the rule the DOL made in the final rule. However, it is certain that this rule will not go into effect on Monday, 04/30/2007, and there may still be some actions the employers can make before it is published in the federal register.
Pending Labor Certification Cases: PERM rule does not allow any amendments and no substitution of alien beneficiary available until the PERM application is certified. By the time PERM is approved, it may be too late to initiate the substitution. However, the cases which are pending at the BECs are different. The beneficiaries can be substituted inasmuch as the job order and the BEC supervised recruitment has yet to be initiated. At this time, the amendment of the BEC application does not require a paper request and e-mail or even phone call request followed by fax will work to substitute the alien. Under the final rule which will go into effect soon, the labor certification applications at the stage of DOL can survive only if the substitution has been approved at the time of release of the final rule. Accordingly, the employers can contact the BECs tomorrow, Monday, to amend the pending ETA 705 and alien beneficiary over the phone, via e-mail, followed by the phone calls and fax or straightforwardedly via fax. CAVEAT: If substitution is denied and original beneficiary ETA 750 is denied for the reason that there is no beneficiary, the employer can lose everything!!
Certified Labor Certification Cases: These cases will not be able to survive unless the I-140 petition is quickly filed on Monday substituting the alien beneficiary. The earliest filing date will be "Tuesday" since overnight delivery has to reach the Service Centers. Still worth trying. Once it is "filed," it will be safe. There remain a host of issues which will have to be resolved by the USCIS as to the consequences of the denial of these substitution I-140 petitions on issues other than alien beneficiaries qualifications such as the employer's financial ability to pay the proffered wage, etc. Obviously, the denial becomes a "final" action, the cases on appeal to the AAO will continue to remain outside the parameter of the elimination rule. Another question is the effect of motion to reopen of denial of substitution I-140 petitions. There is some chance that the USCIS may decide that once the motion is granted and I-140 petition is approved, the DOL's final rule of elimination of substitution will not affect the case. What if the employer refiles the substitution I-140 petitions? The chances of these cases will remail slim or nil. Since it will be considred a "new" filing of substitution I-140 petition, the USCIS may rule that such filing will be subject to the DOL's substitution elimination final rule. There will be other issues which fall under the jurisdiction of the USCIS rather than DOL as related to the interpretation of the substitution I-140 petitions. The USCIS is scheduled to initiate this rule making process sooner or later. Please stay tuned.
Impact on the Retention of Priority Date: The rule of retention of priority date is governed not by the DOL but by the USCIS. Under the USCIS rule, the priority date of the labor certification application is not retained until I-140 petition is "approved." Accordingly, if the decision of the denial of the substitution I-140 becomes final on appeal, the substituting alien will not be able to retain the priority. Neither the original beneficiary can retain the priority date unless the alien beneficiary substition I-140 petition was filed after the I-140 had been approved for the original beneficiary.
Impact on the 7th-Year H-1B Extension: Until the substitution I-140 is denied and becomes final on appeal, the substitutiing alien will be able to continuously extend the H-1B status in one-year increment, but the substituted alien will not be able to extend the 7th-year H-1B status based on the substituted labor certification application. Once the decision of denial becomes final, the substituting alien will not be able to extend the H-1B status after that time, but the validity of the approved 7th-year H-1B status will remain valid until the expiration date.
Impact on the 245(i) Benefits: Grandfathering of the 245(i) benefits cannot be transferred to other aliens and substituting aliens cannot take over the 245(i) benefits unless the substitution was filed before April 30, 2001. Once the grandfathering is attached, it remains valid unless "not approveable at the time of labor certification application filing" is found. Accordingly, the denial of substitution I-140 petition on behalf of the substituting alien will have no affect on the original beneficiary's retention of the 245(i) benefits.
Well, let's wait and see the text of the soon-to-be published final rule.
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HumJumboHathuJumbo
09-23 03:05 PM
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.
more...
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alterego
10-07 04:40 PM
Sachug22,
I can pretty much guarantee you, if there is no quarterly spillover, your projections for without quarterly spillover are way too optimistic.
Your with quarterly spillover numbers are probably closer.
Of course with the USCIS, all rules, logic and common sense goes out the window. Poor State Dept has to read them and their productivity/intentions monthly, and of course we are on the receiving end of their non sense.
I can pretty much guarantee you, if there is no quarterly spillover, your projections for without quarterly spillover are way too optimistic.
Your with quarterly spillover numbers are probably closer.
Of course with the USCIS, all rules, logic and common sense goes out the window. Poor State Dept has to read them and their productivity/intentions monthly, and of course we are on the receiving end of their non sense.
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vdlrao
07-21 02:56 PM
http://www.dhs.gov/xlibrary/assets/statistics/publications/LPR_FR_2007.pdf
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BharatPremi
12-14 04:57 PM
Simple. If it wasn't for that ceiling the vast majority of the visas will go to applicants from the oversubscribed countries. Now this is not a bad thing if the visas are in unlimited supply. But since that's not the case, the country ceiling ensures that even people from smaller nations will get an equal oportunity to claim a visa before all the visa are grabbed by their BIG brothers and sisters. And what's more what ever is left is given back to the oversubscribed countries.
How can you call that unfair? Is it fair to deprive a person from a smaller country, equal chance to have go at his GC?
Lasantha,
You are fond of "Ceiling", Good. Provide me a solution with a goal not to hurt progress march of US economy in following imaginary Scenario without changing current EB immigration laws:
Assumption 1:Whole EB Bus starts with year 2009 - no backlog for ANY
COUNRTY - USCIS does not have any kind of administrative
mess - Situation in USCIS is such that moment it find work, it
will send flower to you for keeping them busy. - US industry
exactly need 140000 skilled and highly skilled people from outside
world as within US they have shortage of exctly that number.
and it can not afford a single person less than that to keep
economy at balanced level.
Assumption 2: India can provide 35000, China can provide 50000, Britain can
provide 4000, Sweden can provide 2000, Saudi Arabia can
provide 1000, Sri Lanka can provide 4000, Thailand can provide
500, Pakistan can provide 5000, South africa can provide 5000
,Bangladesh can provide 1500 and rest 32000 from Europe
(other than Britain) and each of above country cannot provide
more labor that what is mentioned here. And other unlisted countries
do not have any skilled persons to provide (This is assumption.. DO not go after me...:))
So whole world together is ready to provide 140000 labor to US. With current laws tell me what will happen to US economy? Will US Industry be able to get all 140000?
Will you still be trumpeting "Ceiling" drum?
How can you call that unfair? Is it fair to deprive a person from a smaller country, equal chance to have go at his GC?
Lasantha,
You are fond of "Ceiling", Good. Provide me a solution with a goal not to hurt progress march of US economy in following imaginary Scenario without changing current EB immigration laws:
Assumption 1:Whole EB Bus starts with year 2009 - no backlog for ANY
COUNRTY - USCIS does not have any kind of administrative
mess - Situation in USCIS is such that moment it find work, it
will send flower to you for keeping them busy. - US industry
exactly need 140000 skilled and highly skilled people from outside
world as within US they have shortage of exctly that number.
and it can not afford a single person less than that to keep
economy at balanced level.
Assumption 2: India can provide 35000, China can provide 50000, Britain can
provide 4000, Sweden can provide 2000, Saudi Arabia can
provide 1000, Sri Lanka can provide 4000, Thailand can provide
500, Pakistan can provide 5000, South africa can provide 5000
,Bangladesh can provide 1500 and rest 32000 from Europe
(other than Britain) and each of above country cannot provide
more labor that what is mentioned here. And other unlisted countries
do not have any skilled persons to provide (This is assumption.. DO not go after me...:))
So whole world together is ready to provide 140000 labor to US. With current laws tell me what will happen to US economy? Will US Industry be able to get all 140000?
Will you still be trumpeting "Ceiling" drum?
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unseenguy
08-16 02:29 PM
Is this what anti's call us? I think most of us are not just cheap labour. Definitely paid more that the average wage levels.
No. I am comparing apples to apples. An american with your skills and qualifications would be paid more than you are being paid, at most places.
If you are comparing with average wages, it doesnt make sense. Are you being paid more than americans with same skills and qualifications, if yes then you are not cheap but I doubt.
No. I am comparing apples to apples. An american with your skills and qualifications would be paid more than you are being paid, at most places.
If you are comparing with average wages, it doesnt make sense. Are you being paid more than americans with same skills and qualifications, if yes then you are not cheap but I doubt.
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thomachan72
09-04 10:59 AM
This is not contributing to anything. I dont think oposing parties in this discussion will ever come to an agreement so what is the purpose of carrying on. Please close this and lets concentrate on something else.
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GCmuddu_H1BVaddu
09-05 11:43 AM
Shame on YOU, not me, you have just created a new ID just to talk about Andhra CM who is dead. Shame on YOU for hiding your real face while talking caste based crap, no wonder India is still like that. Again stop the bull crap of caste based fighting, useless fellow. You don't want people to see your real face and you are talking crap with a different ID. You are a cheat with double standards.
Shame on you...donga ki donga thodu.( cooperation between thiefs)
Shame on you...donga ki donga thodu.( cooperation between thiefs)
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vjkypally
09-17 10:42 AM
7 pages of this and I don't think there is any clear information on how many applied betweek Jan and April-1 of 2005. I saw a post somewhere where someone said Cisco alone had about 1000 applications. Now if you add dependents to it that is almost a years quota of EB2,just from Cisco!!! I think easily there are around 5000 EB2 applicants in just that time frame. My 2 cents.
krish2005
01-14 03:03 PM
I was tweeting with an attorney from boston. She says that the memo does not do any good for a H1B resource working at a third party site though employed under a desi consulting company. :(
snram4
01-18 01:07 PM
I do not know any information about potential lawsuit ,lawyers view etc. Many members are similar situation.How can you expect contribution?
How much you are ready to contribute for the law suit. Dont you have any job. Once you get your GC what are you still doing here. just eating everyone's head. Are you adding value here. Please go away.
How much you are ready to contribute for the law suit. Dont you have any job. Once you get your GC what are you still doing here. just eating everyone's head. Are you adding value here. Please go away.