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  • th5000th
    11-30 06:55 PM
    Following is Ron`s observation
    .

    There is an error in the initial explanation of the quota. As I read this analysis, they are suggesting that the single state limit is 25,620 - irrespective of whether the visas are issued in family or employment based. This suggests that a country with heavy family based demand, but light employment based demand, could use more than 7% of the EB or FB quota as long as they remained under 25,620 overall. This is wrong. The 7% limit applies independently to FB and EB. A country could have no demand in one area, and enormous demand in the other and the side with the excessive demand would still be limited to 7% of that quota - not 7% of the combined quota.

    Also, I think that their estimates for China and India EB2 are too pessimistic.
    __________________

    What? too pessimistic or too optimistic?





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  • John_doe
    05-02 12:54 AM
    I completely agree with what sandy_77. I am going through a similar fate, although i have been in the US for a little less than 5 years.

    I have a MAsters degree from US and been working there for the last 2 years on an approved H1B work permit. So I came to India to get my visa stamp for H1B as my earlier visa (F1) was expired. Life was apparently going smooth till I came to India in december 2007, primarily to get married and also get the visa stamp. But everything has been going downhill since then. I was not issued the visa, and no specific reason was given for this. A pink form 221G was given with instructions to wait and watch! AS if this is some kind of comedy/drama... I have lost my car in the US, forced to sell it at throw away price, will be loosing my apartment this month end and all my personal belongings will be put on an "yard sale" pretty soon. I have been able to hold on to my job, although without pay for all these months, but after 5 months, I am on the verge of being fired.

    I have called both the Chennai US consulate and the Department of State office in Washington DC many times. Neither of them have an inkling of when this process is going to end. They decline to give me any information about my visa processing status other than that it is "pending" and they NEVER tell me how long it is going to take.
    I just wish and pray that they had the least consideration for a perfectly legitimate, legal, hardworking, *tax-paying* non-immigrant worker in USA whose 3 years of hard work at an American Grad-School and 2 years of burgeoning career is at stake due to no perceivable fault on his side. The complete hostility being displayed is simply beyond my comprehension. I just want to know if there is a name-check or security clearance or lack of more documental evidence due to which I am being put through this completely unwarranted state of limbo. I just cannot go on waiting forever for something.


    I think, getting my visa re-stamped has become the most inhuman experience. I received my visa renewal I-797 in January 2008 and since I was visiting India in Feb 2008, I decided to get the remaining period (2 years) of my H1B visa stamped. I was not expecting any trouble since I had received my 2nd visa stamp just last year in March 2007. I thought it was impossible for the visa officer's to not have my information since I have been through the drill two times before. Unfortunately, on the Feb 11th, when I went to get my passport stamped, the Visa Officer started giving out blue handouts (this one is not even listed on the New Delhi embassy website) one after the other and sure enough to me too. She wanted to know what I did (Quality Engineer in a biotech company) and even while I was explaining she started chit chatting and laughing with her superior (I assume). Then she wanted to know about my experience of over 4 years in just three words. I was completely shocked. How could I sum up my experience in 3 words. I gave her my answer but was bluntly told to take the blue handout and send the questionnaire and resume as listed to a given email ID. I did that the next day, having no idea what I was getting into. It has been over 2 and a half months now and till date I have no idea what exactly is my fault and what is happening with my visa. The visa officer kept my and my wife's passports and I-797 form and around march 11th asked for my i-129 and other documents which I promptly gave at the embassy. Every time i have called the embassy or the DOS, I get the same response that the application is pending security check and no more details can be given. They refuse to understand that I have a life and home there and i have to pay my bills. I have lived in US for 8 years now and have also completed my master's there. Every month I have to call the utility companies, insurance company, post office and phone company to know what my bills are and have to pay them. Every two months I have to spend close to Rs 1800 to fedex checks to my friends so that they can pay my rent. I have had to cancel my flight tickets and suffered losses there. I have not even filed my tax returns for the year. My life is thrown completely out of gear and i have no idea how i will pay my rent and bills if my company decides to put me on unpaid leave or just terminates my employment. The consulates refuse to issue even a visitor visa so that we can go to US and dispose off our properties. How inhuman and arrogant can the get? How could we possibly become criminals overnight? How can they expect our employer's to retain us after such long delays (so guys have been stuck for 8 or more months)? Aren't they forcing unemployment unjustly on us without any reason if they cannot find anything wrong with our background later? What national security secrets act is preventing the phone visa specialists from disclosing exactly where we are in the process and what is stopping the progress? There are so many questions that need answers and all of us feel helpless as we continue to witness DOS destroy our credibility, careers, our credit history...almost everything that we have worked so hard to earn. How can they expect to build bridges with the world when they are hurting unjustly so many people (29 pages worth of numbers at delhi website and some 59 pages worth of numbers at the chennai website and God knows how many on other consulates worldwide. I have heard people spending some $5000 every month in Canada. This is horrible and some community organizations and law firms must talk to the DOS/Whitehouse about this issue. National Security is must but there must be better way than playing with the future of so many innocent people (99% most likely of which will have acceptable backgrounds).





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  • gcgreen
    08-12 01:12 PM
    I do not know how feasible this is, but if in your employment letter, there is a description of responsibilities, and additionally a statement like: "The job being offered to XXX falls under O-NET classification 15-1031," then you are completely covered, because the employer is positing that the job being offered to you falls under that classification. Again, don't emphasize technologies etc., just the job description and mainly classification.

    The AC21 language is very clear: "same or similar occupational classification"

    It does not say job responsibilities or job title. These are interpretations of that term and used to DETERMINE the occupational classification. So as long as the occupational classification matches or is similar, you should be fine.

    Also, the O-NET classification is from SOC which stands for "standard OCCUPATIONAL CLASSIFICATION." It can't get any clearer than that :-)

    As always, my cautionary statement: I am not a lawyer, just applying common sense interpretation to the terms.

    In that case, both my old and new job (responsibilities and titles) fall under 15-1031.00 if we take into consideration a broader classification where job duties are the same but technologies are probably 60% same but some technologies mentioned in my L/C are obsolete and my current employer does not list those technologies.





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  • GCNaseeb
    11-06 07:52 PM
    Though I have signed G28, I have received both AP and EAD. Attorney did not even know that I received my AP and EAD.

    I think EADs are sent to the applicant and AP to the attorney...had the same in my case...plus seen lots of folks here say the same thing...



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  • ram04
    04-29 04:42 PM
    :D

    Actually the SU-30MKI beat both the F-15 and Euro fighter in training with the US and RAF, and is developed jointly by HAL.
    Eurofighter has also invited India to partner in its development


    India has so good grip on Russian & European Aviation technology (I got opportunity to be a part of MIG s and Jaguar upgrades for several versions in IAF &HAL).
    In fact India is already involved into actual development & reselling of Russian MiG version air crafts to some third world countries after Russian collapse.
    Inherently Russia always carry the base line fundamentals forward to newer technologies. By already having good expertise on those,
    It perfectly makes sense from India's point of view to go with SU 30 and Euro fighters compared to F versions.

    Immigration - It may not have any impact on immigration even if it is, what difference it makes after loosing so much of precious time in waiting already.





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  • pat123
    10-28 03:40 PM
    hahahaha.. good one.. what a support to Infy... height of slavery. I accept your veiw point as INFY's and YOURS view point. good keep it up.

    The signature Quote of yours give an answer for your view point.

    Read your Katha upanishad quote:

    Wise take the path of joy and Fools take the path of pleasure. I leave it your discretion whom you are!!!:p



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  • sam2006
    09-01 06:39 PM
    Typical hypocrisy stuff
    we should be fair and not misuse and violate the laws of the country.

    No one is Voilating laws my friend
    pl give your speech to .... u know the folks from across the fence

    I don't know why some people here are taking this work based immigration here as an all out war. As it is, working and staying in the US or any other country for that matter by foreigners is a priviledge, not a right. No one forced us to come here, we came here on our own free will.

    Regarding the description of discrimination of job based on country, that's rather ridiculous. There is no discrimination when one has the right to work and live in the country, that doesn't mean that anyone from any country can just come here and work with or without authorization and say it's discrimination. How about the many Indian companies who hire only Indians? Aren't they practising discrimination and fraud? They don't even bother to try to find qualified people in the country, rather they just issue H1Bs right way to Indian nationals only by just declaring a bogus "can't find qualified people in the country"

    If we want good things to happen to us, we should be fair and not misuse and violate the laws of the country. We all have a choice, we can either stay here and be honest and follow the laws and rules of the country, or if we don't like the way things are here we can just go back home.

    Sorry to be so honest, but I am tired of every other person cribbing about being victims. Looks like everyone wants to be a victim of something, it's time we take personal responsibility. If we don't like it here in the US, we have the choice to go back home. No one is forcing us to stay here.

    Thanks.





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  • bfadlia
    02-27 04:53 PM
    It's really strange the surge in non-legal issues threads..
    If the poster had any genuine hope of getting help she wouldn?t be posting it on a forum for foreigners who obviously have no lobbying power and if we did we will be using it for ourselves first.
    Somebody is trying to establish an association between us and drug and other law breaking criminals..
    Time to put these red dots to a good use.. Get?er boys :)



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  • hpandey
    11-20 10:18 AM
    I am waiting for GC for buying a house myself. I am sure there are many more people who think this way esp in this market.

    I am also waiting for a GC to buy a house ... can't buy on a H1 visa with a project that keeps on getting extended every 3-6 months. You need stability for at least a few years to put in a committment for a mortgage that you are going to pay for 30 years.





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  • hiralal
    05-05 10:16 PM
    Welcome. I urge you to browse this wonderful site and try to gather more information as to what IV has to offer and its history.

    BTW: "sub prime" has nothing to do with the real estate market or the location of the house. It is a financial term to describe a "risk" category invented for the layman. People who got loans even though they do not have the 'prime' credit rating and paid zero down payment are the ones who are walking away from their houses. These foreclosed houses can be anywhere and probably in better locations than not, as their prices would not have precipitously climbed during 2003-2006 crazy years.
    I agree with the above...subprime is not an area ..btw it is too late to link immigration with housing ..it did pick up some steam as shiller and others discussed it ,...THE Problem ..shiller and others wanted to give GC's to those who come to US on the first day ..he probably does not know that there are a million immigrant with good bank balances and GC (a small plastic card) is preventing them from buying a house.
    as for the post above ..even 1 extra home sold helps ..and 100K homes sold definitely helps ...we just need to sell the idea and get the GC ..but maybe it is too late now



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  • keshtwo
    08-23 02:26 PM
    Just Thought

    There is 200k application without 140 approval, this is including july filers.

    there is lot of chnace for those who got their I-140 approved, even their PD '2006.

    you can see people getting approved PD'2005 EB2 cases, even then VB says now 2004'apr for EB2.They are not processing based on PD now and in future also i gues.Since we have already filed.PD will restrict only to File I-485 in future.

    I think EB2-jan2007 and EB3-Aprl2005 in October VB

    - satish



    Is that a guess or a wild hope? Why set up oneself for a massive disappointment just 3 weeks down the line? Mostly What AILA says will be true. However we shouldn't rule out regression for EB2ers anytime after November. It can happen. No one really understands the logic used by uscis and dos.





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  • 24fps
    02-21 01:46 AM
    This does sound strange, do you know what was the reason for this officer's visit to your employer two months back? also, i would suggest make sure all your paper work is fine, I mean LCA etc. indicating your correct place of work and right wages.

    first of all make sure it was a genuine call

    call USCIS back and find out if there is a visit scheduled for your house

    also be carefull, check all credentials of whoever wants to come to your house

    economy is bad, recession is in ,the crime rate is going to get bad, especially against immigrants etc

    ps also i would second the visit at your office place instead and if need be , in the presence of a lawyer



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  • pbojja
    10-21 03:28 PM
    Despite of my request on RED dots and interpretation issues,

    Some one gave me a RED dot for this posting. It is as follows

    1. Interpretation issues... 10-21-2008 03:40 PM What is "con traversal" dear ? ))

    Guys, we need keep away these kind of people from IV participation. There should be some restrictions (rules and regulation). These are the people who don't know what they are doing. GOD only can save them.

    We are here for to work and live and represent as a forum to fight against a broken system. Looks like we have issues among us.

    We either take away GREEN/RED dot concepts from bothering others or do some thing else (display who has given RED/GREEN dots).

    Core member do some thing.

    This is a great website and you can really find very good advices related to immigration issues ..How ever there will be people who interpret the questions differently and react differently ..That does not mean they represent IV .

    I m not defending any one but When it comes to your question ..its more like a personal question than a immigration question ..I choose not to reply when I see these questions ..some of them react postively and some of them negatively ..some may think you are playing here and give a red or nasty comment ...





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  • amsgc
    08-05 09:30 PM
    Can you start a poll for EB2-I the years - 02, 03, 04, 05, 06, 07 in this thread?
    It's been a long time since we had an estimate of how many cases are really out there waiting for approval.

    I am trying to keep track of 2004 cases. I think USCIS is not doing fair justice by not giving preference to 2004 cases. Please post your priority date, I-140 approval dates(if approved), I-485 received dates, Name check cleared date(if cleared), finger print cleared date(if you gave finger prints and they got cleared)

    My Details :

    PD : 12/23/2004
    I-140 Approval Date :05/03/2007
    I-485 Received Date : 07/26/2007
    Name Check Cleared.
    Gave Finger Prints.

    I think mine is straight forward case. :confused:



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  • h1techSlave
    11-30 03:54 PM
    http://www.dhs.gov/xlibrary/assets/CISOMB_Annual_Report_2007.pdf

    Look at page 52. Page 53 explains, why USCIS is wasting visa numbers even though there is huge demand for the same.

    The 7% country limit does not exist for the last quarter. But it does exist during the first 3 quarters. Since USCIS is moving the PD drastically only in the last quarter, they are unable to process all the applications in the last quarter resulting in wastage of EB visas.

    Where did you get this number 80,000 FB numbers given to EB immigrants? Please show me the source !

    Also, you are forgetting about 7% country quota and the demand from ROW (which itself is retrogressed!).

    So no matter what you may think, without IV it's going to be a long wait





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  • logiclife
    12-28 02:38 PM
    Does this mean that you cannot have 6-9 years extension of H1B for the new employer and you must use the EAD after six years if you are changing jobs?

    No, you can use H1. But if you go to new employer, of course you have to do an H1 transfer to new employer.

    AC21 portability can be used with either forms of work authorization : H1 or EAD. The important thing is to do it after 180 days of 485 filing and to do it after 140 approval.

    You can start working for new employer on EAD, or you can use AC21 (without using EAD) by applying for H1 transfer to new employer and working for new employer as soon as you get receipt notice of H1 transfer.

    H1 status offers a backup plan in the sense that if your 485 is rejected for wrong reasons, you can appeal the case in office of administrative appeals and fight it out and stay here on h1 while you fight it out. Your H1 status you have at that time of 485 rejection and its validity is unaffected by 485 being rejected. But if you are on EAD, and if your 485 is rejected, then your EAD is invalid and you are out of status, you cannot switch back to H1 from EAD and continue fighting the rejection of 485 thru appeals. You have to go back.

    H1 offers a backup plan but the disadvantages are that its more expensive to do for employers and so many employers will not prefer you. It costs between 1600 to 2400 for employers to file H1 transfer and bring you on board, plus lawyers fees needed for filing H1 transfer. EAD is easy, you dont need lawyer and your employer has nothing to worry or deal with. So you will have more options when using AC21 if you use EAD as your work authorization rather than H1. Besides, H1 extensions and transfers are a headache. EAD extensions are easier and they can be done by yourself without the need to get anything from employers and lawyers.



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  • desi3933
    06-19 10:58 PM
    What is EVL, is it experience letter.

    Employment Verification Letter indicating job position still open for employee. This COULD BE different from current job.





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  • jb05
    08-19 09:53 AM
    Category:- EB2
    Nationality:- India
    PD:- 07/2004 (TSC)
    I485:-RD-07-27-2007/ND-09/22/2007
    Finger Print check and name check cleared as per infopass officer





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  • njboy
    11-02 09:25 PM
    If Republicans control the House, they will be too bitter because they can't repeal the Health Care Reform, and will not let CIR pass in 2011. Best hope is 2012 now. Obama could have easily passed CIR in past 2 years, instead he focused all his efforts on health care..





    jchan
    06-05 09:46 AM
    I found some things in our favor:

    1. Cap exempt H1B holders can now work for cap subject employer CONCURRENTLY without being counted to cap
    2. 3 year H1B extension based on approved I-140 can be as many times as needed, not 'one time' only
    3. Once you have an approved I-140, you will never be subject to H1B cap:
    (4) Exemptions to Limitations of Stay. The limitation on the total period of stay does not apply to H-1B aliens when, as of the date of filing the extension request:
    ....
    The alien is the beneficiary of an approved EB immigration petition and is not able to file to adjust status to U.S. permanent legal residence based on the unavailability of an immigrant visa number.

    The one about the AC21 and approved I-140 is rather hard to understand, someone can give his/her interpretion of it?





    mhb
    07-06 06:24 PM
    tommorow what time (provide Time Zone also)
    same time 5.30 pm central NBC weekend news. this would be pathetic if they do not air the interview!!!:mad:



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