Tuesday, June 28, 2011

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  • Sri_1975
    08-26 01:29 PM

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  • rajpatelemail
    01-06 10:04 AM
    NKR .. you know what it is all about..

    Looks like all these guys are newbies and do not know the process.
    People who stayed long time or having awareness know the GC/citizenship

    I do not say we can not do anything. But has to be a bit practical & plausible.

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  • Pineapple
    07-10 02:18 PM
    Isnt this a duplicate thread?? There is another thread with the exact same topic..

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  • kshitijnt
    05-10 02:26 AM
    Hunter, this is the first sensible post from you. Now you agree that abusers of this H1 visa system are corporations not the immigrants on their own. So far you were busy bashing immigrants.

    Also if US is a free market and capitalist society, why should corporates employ "whoever" is locally available. Its a private money afterall. Shouldent it be upto them to decide how to spend? Also most US corps, have local presence and as for taking a tax break, I hope companies did not promise to create "ALL" jobs in US. Majority of local jobs go to US citizens. They still create thousands of local jobs and pay H1 visa fees part of which goes to train american workforce. If the wages were equal, its more expensive for a company to hire H1 worker.


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  • spatial
    08-20 12:55 PM
    DOS has alloted most unused visa # into EB2 category this year, and EB3 was stuck due to no additional unused EB1 visas.

    Visa Bulletin mentioned they did this in according to the requirements of Section 202(a)(5) of the Immigration and Nationality Act. But actually this might be a misunderstanding of Section 202(a)(5) and Section 203(b) - There is NO words in the act on how to allot unused visa # to differnt categories. Even the country limit and category limit would not apply if there are unused visas #. The allotment Mr. Charles Oppenheimer did horizontal spillover caused longer and more backlogs of EB3.

    Congress has a concern on the backlogs and Bush's administration promised to reduce backlogs as much as they can. If Immigration and Nationality Act allows the government to spillover the unused visa # to EB2 & EB3, and a more humane and fair system should take care of early priority date first and do whatever the government has promised, should we ask Mr. Charles Oppenheimer to think about alloting some unused visas to EB3 so it can move forword a little bit?

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  • apnair2002
    01-05 08:38 PM
    This site should have some provision so that we can send multiple mails to different people who are suffering from retrogression


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  • sc3
    08-20 02:00 PM
    It is not true. The orignal text in IMMIGRATION AND NATIONALITY ACT says "Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraph (1), to qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, an d whose services in the sciences, arts, professions, or business are sought by an employer in the United States.

    Beyond 28.6 percent, there is no words/requirements from the law that EB1 should spillover to EB2 first, then EB2 can spillover to EB3. It is just saying that EB1 can spillover to EB2, EB1&EB2 can spillover to EB3.


    That is true. USCIS behaviour no longer (or never has) assumes the meaning of EB1&EB2 wording in the law text.

    Previously a lot of visas flowed into EB3 because USCIS misinterpreted ( rather did not take into account) the AC21 change, which suggests that the per-category spill over numbers must be used within the category before flowing out of the category.

    Unfortunately, when they realized it, they seem to now ignore (or have always ignored) the wording of EB1&EB2 numbers flowing in EB3. A lot of people here don't agree with this interpretation, but I am very sure that USCIS is misreading the law and is shafting EB3 big time.

    I dont know how to word a letter to USCIS that shows them their oversight, and yet word it in a positive (or a non-confrontational) manner. If you have any idea's, lets work on a letter campaign to make USCIS aware of this. However, let us do this through personal PMs while we work out the details, as this is a very contentious issue and you will spend a lot of time responding to distracting arguments.

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  • sakthikams
    04-25 02:32 PM
    from http://www.dhs.gov/journal/leadership

    below is the extract from above link...

    Addressing Employment-Based Visa Wait Times

    There have been a lot of comments and questions received from readers about employment-based petitions and related applications for adjustment to lawful permanent residence.

    This is a complicated subject, so I want to provide a little background. Becoming a permanent resident based on employment can require a number of steps, including obtaining a labor certification from the Department of Labor, receiving approval on a petition for alien worker from U.S. Citizenship and Immigration Services (USCIS) (Form I-140) and obtaining an immigrant visa from the Department of State or being granted adjustment of status from USCIS. In addition, by law there are numerical limits on the number of people who can immigrate to the U.S. each year in most categories. You can see a more detailed explanation about the employment-based visa application process online.

    Some readers have asked about the volume of employment applications and delays that have occurred in employment-based visa petition and adjustment application processing in late 2007 and early 2008. There were a number of factors that affected USCIS' handling of these cases during that time. Employers filed more than 234,000 petitions to sponsor foreign workers (Form I-140) as the Department of Labor cleared a large backlog of labor certification applications and implemented new regulations. Adjustment-of-status application filings also soared to nearly 300,000. We attribute the increase in adjustment application filings to a couple things. First, customers' anticipation of USCIS' filing fee increase in July 2007. Second, a unique opportunity for workers and their families to file adjustment applications based on the visa availability date announced in the July 2007 Immigrant Visa Bulletin. Many of these availability dates have since reverted, creating a backlog of adjustment applications that cannot be adjudicated until a visa becomes available.

    A few months ago, a customer indicated his frustration that while he can monitor the Visa Bulletin to see how it moves month to month, he still has no idea how many people are waiting in line with pending adjustment applications or how long it may be before USCIS can process and approve his application. We know this customer is not alone! In response to that customer's request, we are working to make this information available on our Web site.

    I understand the importance of becoming a permanent resident. I also recognize workers may rightly want to take advantage of the limited provisions in current law that allow certain applicants to change employers without affecting their ability to adjust status. As a result, USCIS has taken the following steps:
    USCIS has increased the emphasis on processing employment-based petitions. Our goal is to complete adjudication on the older I-140 petitions and to process newer petitions within our targeted processing time of four months. We are making progress toward this goal and anticipate reaching this goal by the end of September 2009.
    USCIS is issuing employment authorization documents valid for two years, as needed.
    USCIS is working with the State Department to make sure we use every available visa number. In 2007, we had more visas available in the family-based categories than were needed, so as permitted by law, we transferred those available family-based visas for use in the employment-based application process.
    I recognize that this is a difficult and complex situation and USCIS is working hard to make improvements and to increase transparency in our processes.

    Mike Aytes
    Acting Deputy Director, USCIS

    below is the extract from immigration-law.com

    04/25/2009: On-Going USCIS Efforts to Reduce Backlog in Employment-Based Immigration Applications

    Lately, I-140 and EB-485 applicants have been receiving envelopes from the Service Centers with their long-awaited approval notices, particularly those cases which were filed during and after the FY 2007 July Visa Bulletin fiasco period. Along with the development, information has been released by the stake-holder agencies of the Department of State and the USCIS indicating that there has been efforts on the part of the USCIS to eliminate employment-based immigation backlogs. In releasing the May 2009 Visa Bulletin, the State Department confirmed that the USCIS had been taking out EB visa numbers en masse exhausting all the EB-3 visa numbers available for the rest of FY 2009.

    This report is consistent with the information released by the USCIS on its projected processing time to four months for the employment-based I-140 petitions and EB-485 applications by the end of FY 2009, which is September 30, 2009. The goal appears to have contributed to the exhaustion of annually allocated employment-based visa numbers so that no EB visa numbers be unused or wasted by the end of FY 2009. The commitment to this goal of the USCIS is reaffirmed by yesterday's release of Mr. Michael Ayte's report on the employment-based visa processing times in the Leadership Journal of the DHS. Considering a huge backlog and processing delays in the employment-based immigration petitions and 485 applications for almost two years as affected primarily by the FY 2007 July Visa Bulletin fiasco, the recent event that evolved in the USCIS processing time change is certainly a welcome news for waiters who have suffered from the past backlogs.

    What have tirbuted to this change? The long-term strategy for reduction of processing times for immigration benefits applications appears to be launch of "Transformation Program" that intended to achieve reduction of processing times by turning current paper-based application and processing system into complete electronization system and process focusing on the concept of digital "account" databases within approximately a period of five years. However, this program has experienced a snag. However, lately the DHS disclosed its multi-billion dollar contract with the IBM for two programs. One is to convert all the existing files and date into digitazition and the other is to develop and implement electronic application and processing system. Reportedly, for this purpose, the IBM reenforced its operation in India and the work is underway. However, report indicates that the first phase appears to focus on the digitazation of existing database rather than implementation of electronic application and processing system. Overall, the goal of the contract appears to be completed in the next five years. It thus appears that the current efforts of elimination of backlogs within this fiscal year do not rely on the progress of this program. The big momentum was created by the Congress appropriating fund for USCIS human resources.

    gtThanks to the Congress action to give fund for hiring additional 2,000 resources, the USCIS recxruited and trained new hires who joined the USCIS field offices including Service Centers and local district and field offices, initially focusing on the job of elimination of huge naturalization applications. USCIS had been reporting that the hurdle for reduction of employment-based immigration cases was the mountain of naturalization applications that poured in around the time of FY 2007 July Visa Bulletin fiasco. Now, the naturalization application backlog is under control, inreased resources are becoming available for the employment-based immigration files. Another important factor that has contributed to the agency's recent move was the implementation name-check reduction agreement between the FBI and the DHS and the USCIS policy to complete adjudicaion of EB-485 applications when the FBI name check failed to complete within 180 days. The third factor that cannot be discounted nor minimized is the new DHS leadership's move and commitment for the elimination of the employment-based immigration case backlogs. As people may recall, the Secretary Napolitano of the DHS issued a directive to report the state of backlogs in the immigration benefit applications and the USCIS leaders plan for reduction or elimination of such backlogs. With all of the above developments combined, the employment-based immgrant community is continuously expected to witness the reduction of processing times, at least for a short term. However, long-term reduction or elimination of EB case processing backlog is likely to depend on success of the IBM contract digitization program of the USCIS. This needs continuing internal and external political support, and we hope that the Congress extends its strong support, particularly considering importance of the successful reengineering program to accomodate the potentially forthcoming avalanche and flood gate opening for case loads for the USCIS when the country passes the Comprehensive Immigration Reform legi

    extract from http://www.dhs.gov/journal/leadership

    Addressing Employment-Based Visa Wait Times

    There have been a lot of comments and questions received from readers about employment-based petitions and related applications for adjustment to lawful permanent residence.

    This is a complicated subject, so I want to provide a little background. Becoming a permanent resident based on employment can require a number of steps, including

    Mike Aytes
    Acting Deputy Director, USCIS


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  • Rocky4884
    08-11 06:52 PM
    My simple question to you is are you in or are you out. If I rember correctly, you have masters and in Eb2 line...
    If you are in, I want to give you call to discuss the logistics..

    Hey funnySurya, I'm in (wherever you like) & want to discuss logistics, send me ur contact details...

    PS I'm EB3 India educated and definitely make more $$ than you, I own a company :D but don't employ people like you, not too worried about GC, life is good.

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  • whitecollarslave
    01-11 03:53 PM
    Can somebody comment on the following two things? This has been asked twice before on this thread (once by me and again by somebody else) but has gone unanswered.

    1. How many unused visa numbers can be re-captured? Out of those re-captured, how many can be applied to EB categories? I know this is difficult to estimate this but if we believe that recapturing unused visas would help the retrogression issue, we ought to have some idea (in hundreds? thousands? more?) as to how many visa numbers can be re-captured and used towards EB categories.

    2. Does the President have the authority to implement an administrative relief in this matter, particularly to recapture the unused immigrant visas? Elsewhere I have read that only congress has the authority to do this.

    Please provide links/references or analysis to back up the claims.

    Disclaimer: This is not to discourage anybody, rather just a healthy skepticism.


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  • EB2IndianGC
    09-13 01:33 PM
    Hi guys,
    How long does it take to receive RFE letter by mail? Can we get a copy of RFE letter at the InfoPass appointment. I don't have patience anymore to wait. At least they can tell us what the RFE is about on the phone. These guys are trying my patience.

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  • Canadian_Dream
    11-25 02:09 PM
    Buying house is not much different than buying stocks - both of them are investments at the most fundamental level and are hence susceptible to ups and downs. If you don't have stomach for it just don't do it.

    Almost similar except:
    1. You can't sell with a single click on E-Trade
    2. Unlike stocks You pay taxes on your house every year.
    3. You are leveraged 1:5 in your investment.
    4. Your real estate investment is based on debt while stock (with an exception of margin calls) is purely on cash.
    5. In stock you can never loose more than you invested. (again margin calls are exception)
    6. You don't pay to play or you don't constantly have to pay to keep what you have invested.
    7. Govt don't give you tax breaks to buy stock.
    8. Equity holders are never bailed out by govt.

    That makes real estate much leveraged and bigger liability than stock could stock ever be. And somehow govt. wants to promote home owner society but discourage stock ownership or saving minded frugal individual investors like us.


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  • Bhargav Goswami
    07-13 01:24 PM
    I just watched clips that show how stridently "anti H1B" / "anti legal Indian Immigrant" Lou Dobbs is! We would be witihin our rights to boycott him and CNN.

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  • chanduv23
    04-24 02:44 PM
    They refer to ads on Sulekha and other similar portals

    On another note - consulting companies will workaround by creating multiple companies and applying h1b through various companies


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  • indianabacklog
    01-26 07:10 AM
    Just got back to the US last night. Had visa interview in London on 14th January and got passport back on January 24th. Actually took six working days since there was a weekend and MLK day in the way. Twice as long as on previous occasions.

    Booked my trip in October so thought I had left plenty of time for passport to come back. How wrong I was. Had to put flight back by two days and then only just made it.

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  • anotherone
    01-29 06:28 PM
    Is there some master list of companies that have been filed against ? Do you know of anyone on this list that have done so and won ?

    What will that accomplish really ? I dont know if working for this place will be a good idea anyway after filing a suit against them... but OTOH if it helps other people or at least if its out there on the net, so other companies wont get his brilliant idea....

    just musing, thankyou for replying to my posts so quickly.


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  • gcsomeday
    08-22 03:28 PM

    The second paragraph from the link says that the new spill-over policy is not a random, ad hoc decision by USCIS but rather a careful one after consulting congress etc.

    "...after further review, additional legislation, and consultation with Congress, they concluded that they have to allocate the fall across within individual preference petitions first..."

    I wonder what additional legislation he is talking about here. Was there anything new we know about? If consultation means finding the intent of congress I wonder how much of it is BS.

    This whole thing does not look objective. Even if it is, in all likelihood we are getting screwed by something that can possibly be changed again under the right circumstances.

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  • kcforgc
    04-27 01:17 PM
    But do you believe they will do any good for us or they are really interest to protect us. Their aim is to divide and rule.

    Right, it will not be good for anyone- nonimmigrants, employers or american economy. They are trying to take advantage of the current state of the economy to promote their anti-immigrant protectionist agenda. This is going to make anti-immigrant groups happy. Btw, I think these anti immigrant groups are a very small minority compared to people who support legal immigration but these are the most noisey ones.

    so, yes -it is not going to be helpful for anybody. Only results in large scale outsourcing and/or companies would not be able to place right candidates in the right roles which is going to hurt America in the long run.

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  • mallu
    09-29 10:48 AM
    From Ireland.

    10-08 07:11 AM
    Hi Friends,
    Myself and spouse got the GC last month (09/05/2009) and my kid's case was still pending. Today I received CPO mail for my kid.

    My kid's RD is July 2, 2007 and ND is November 19, 2007. Actually my kid's 485 was rejected and then reapplied during July 2007 due to old fee and new fee confusion, though I have provided actual fee. That's the reason for my kid's ND was nearly 5 months apart from the RD.

    Here is what I did:
    Took couple of infopass and numerous calls to Customer Service. Nothing did work properly... Getting same old replies - like, need to wait for 3 months etc... And last time when I took infopass, I requested the IO to expedite the process as this is a small kid's case and more over parents 485 approved. So IO got convinced somehow and expedited the case. After two weeks, got the magic mail.

    Best of luck who are still waiting...

    - B+ve

    01-27 09:06 PM
    Now about the staff at Heathrow. Surely anyone with eyes that work can see most of them are not British at all but immigrants of some variety or another. A true Brit is a very friendly individual. The invasion of their island during the past fifty years has changed the face of the entire community, not all for the better that is for certain.

    Now how do you know that, do you check their passports or do you ask them point blank about their origin. Or do you try to place them by their accent. Obviously not. The only way you can make such a blanket statement and attach an "immigrant of some variety" lable is by the looks alone. My friend, the last ten pages are precisly about such issues. Also, it is quite possible for a third generation Indian/Pakisani, a true Brit nevertheless, to work at Heathrow ... and If I borrowed your eyes for a minute, I see only an immigrant invading the country.

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