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  • sanz
    03-11 11:38 PM
    is it really out
    Visa Bulletin (http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html)

    this doesnt tell that yet





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  • jfredr
    06-12 10:26 AM
    Kyl: CIR can be finished in a few days

    Sen. Kyl (R-Az), one of the architects of the Senate�s CIR announced today that the Senate CIR can be finished in a few days. On CNN this morning he mentioned that the Senate Republican leadership is crafting a few necessary amendments and will take them to the Majority Leader. It is expected that the Cantwell amendment, albeit in a revised form, will be one of the amendments. The NY Times has a similar report.





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  • GC_ASP
    03-18 05:47 PM
    Thats what I understood as well. Eb-2 benefited the most because of this.

    When there are no country limits like in a situation quoted above, its completely based on PD's. India had
    EB-2 Unavailable and EB-2 China was already Dec 03. Even going forward One country might leap ahead of other depending on PD's. There is no further favoring among retrgoressed countries. Thats how I understood it.





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  • ksvreg
    04-09 11:32 AM
    That is the reason I mentioned before that we have to give heads up to employer's HR department about these scenarios and let them come up with correct wording for POEs questions. This could be new virus breakout and we need to find a cure or prevent it someway tactically until the strategy in place. Not sure I make much sense here. In a nutshell, we need to contact our HR and request them to anwer (HR has to answer like this: It is possible to hire citizen but can not be done immediately. Its a process and takes a while to do that and no guarantee that citizen can be found. Until that time business will be impacted badly.) POE officer in case if there are any such questions. Generic answer from HR misleads and misued at POE.



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  • ansh78
    09-26 11:34 AM
    Ok I sent message to the editor...Simple copy paste the above message from vamsi.......come on everyone should do it.





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  • alterego
    07-15 10:30 AM
    Ramba,

    "and the alien must have intended to undertake the employment, upon adjustment"

    That is the line that is the big caveat in this question. You must demonstrate to the adjudicating officer(to his/her satisfaction) that you plan to go back to your petitioning employer once your green card is approved. Either that or you invoke the AC21 statute by fulfilling those requirements.
    This answer was speaking to that point.

    A withdrawn 140 is a bad news on either front. Especially when it happens with the future intent clause, then how can you say you and the employer still have intent. It won't fly with the adjudicator.
    With the AC21, if the 180 days has passed then 140 withdrawal often still does lead to RFE and sometimes outright denial but the MTR and appeal process can be successful on the grounds of AC21 portability rules. There are people on this forum with such experiences. Try searching for it.

    Once again, this is a delicate situation and the poster is best served with good legal counsel. We are all of course giving our best layman interpretations here.



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  • kondur_007
    04-10 10:28 AM
    Does anyone have numbers for spillover last year category wise? I mean, last year how many EB4, EB5 and EB1 left out visas got spilled over to EB2? Thanks...

    Here are the details for last year and years before:

    (Thanks to user "sangiano" on : link: FY2009 Visa Data, Spillover to EB2 - Will it be Similar FY2010 (http://www..com/usa-discussion-forums/i485-eb/498198953/fy2009-visa-data-spillover-to-eb2-will-it-be-similar-fy2010))

    Employment Visas 2009

    Total Employment Visas for FY2009 = 141,020

    Theoretical values without spillover

    EB1 28.6% = 40,332
    EB2 28.6% = 40,332
    EB3 28.6% = 40,332
    EB4 7.1% = 10,012
    EB5 7.1% = 10,012

    Actual values with spillover

    EB1 40,978 = 29.1% received c.650 spillup visa used
    EB2 46,034 = 32.6% received c.5,700 spillover visas used
    EB3 39,791 = 28.2% received c.550 less visas than quota
    EB4 9,999 = 7.1% Zero spillup visas to give
    EB5 4,218 = 3.0% c. 5,800 spillup visas to give

    What is noteworthy is the fact that spillup/spillover visas were only available from EB5.

    In addition, EB1 actually consumed spillup visas and did not contribute any spillover visas as a result.

    This implies that the total spillover visas available to the 7% limited countries was only c.7,500. Since 5,800 came from EB5, less 650 used by EB1, this gives a subtotal of 5,150. In turn, this implies that there were only 7,500 - 5,150 = 2,350 as spillover from EB2-ROW. In the worst case the difference is entirely from EB5.

    I think it gives food for thought and shows the difficulty of trying to second guess visa consumption in Categories that are always current. I accept it might be easier to get a handle on non-NIW EB2 because of the PERM data available for ROW.

    I'm not sure why FY2010 would be much different, at least for EB1 spillover.

    Additional notes from subsequent posts:


    There was significant spillover in FY2007 because (based on 154,497 total EB visas) :

    EB1 only used 26,806 out of a possible 44,186 available visas.
    EB4 only used 4,794 out of a possible 10,969 available visas.
    EB5 only used 793 out of a possible 10,969 available visas.

    That gives a potential spillover of 33,731 visas to categories below EB1. In FY2007 that mostly went vertically to EB3.

    There was significant spillover in FY2008 because (based on 162,949 total EB visas) :

    EB1 only used 36,590 out of a possible 46,603 available visas.
    EB4 only used 7,648 out of a possible 11,569 available visas.
    EB5 only used 1,443 out of a possible 11,569 available visas.

    That gives a potential spillover of 24,060 visas to categories below EB1. In FY2008 that all went to EB2.

    The amount *was* smaller in FY2009 because (based on 141,020 total EB visas)

    EB1 used 40,978 which was more than the available visas of 40,332 (i.e. it used some of the spillup from EB4/EB5).
    EB4 used 9,999 out of a possible 10,012 available visas. (i.e it pretty much maxed out)
    EB5 only used 4,218 out of a possible 10,012 available visas. (i.e. much higher than previous years)

    That gives a potential spillover to EB2 of 5,161 visas, which is substantially lower than previous years.

    This is all his analysis based entirely on historic data (no predictions here; just what has already happened). All credit of analysis goes to him. I never crunched a single number; I am just an "integrater" of the info. Please also note that now we have found out that the word "spillover" should actually be "fall across and down"

    Hope this was the info you were asking for.





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  • coolgc
    07-12 04:22 PM
    Hope, they move further in next month's bulletin.



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  • pappu
    01-10 12:48 PM
    Some people are already doing our job.
    http://www.zazona.com/NewsArchive/2006-12-26%20Renewed%20Push%20for%20H-1B%20Increase.txt
    This shows that we have anti immigrant members and visitors amongst us looking for IV updates and our actionplans. sometimes such people pose as annonymous users and contact IV asking for updates without revealing who they are and doing anything constructive for IV. We try to be cautious in such cases. Its good that they quoted us as it shows that we are a force to recon with.





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  • sc3
    10-18 10:32 PM
    Kumar:
    Don't worry, I gave you green. I wish 'critiques' are out in open for discussion to get to our objective. But those moroons like hiding

    Just imagine the cowardice of these people!. Online forums already have sufficient anonymity that you dont have to reveal your true name. Despite that people hide behind comment system to give reds (and tell things like "you suck" and what not). I hope the admins shut down this misused feature. Or make the system non-anonymous so that we can drag out these people and take up their comments in open forum.



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  • sbabunle
    01-09 05:04 PM
    This thread's been silent..whats going on fellas.... Are you guys finding out new forums, new websites to post....... We have to meet our 10K membership......





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  • rimzhim
    01-28 11:04 AM
    I don’t want to start another war here but all I am asking for is a fair treatment of people and not discriminate against people based on country of birth. One of the reasons I left my country, India, is because of the discriminating that exists there in terms of "reservations" where everything is reserved based on your caste for 50%. Now please dont tell me reservations and country cap are different, they are not different they are the same. they accomplish the same purpose in case of skilled immigration.I never thought such a thing would happen in US but it seems worst here because Indians and Chinese make up almost 70 to 80% of H1 (which is dual intent) but when it comes to employment based green cards (which are based on H1) Indians and Chinese combined get only 14% of the visas, don’t you see the tragedy here? Why don’t they enforce the country cap on H1 also, that way people from India and china will not have to suffer worse than others? But US is a competitive country, they want the best available talent for H1 and that’s the reason they don’t put country caps on H1.

    Take my case for example, I have come to this country in 1999 on F1 and have been working and paying takes since 2001. I am not even able to apply for 485. If I get laid off now I will have to leave US next year. Contrast this with somebody from Taiwan, UK or some non retrogressed country. In some cases they can get green card within the first year of coming to US. This is not a hypothetical case but a scenario which is happening quite often, especially in EB2. In my own company I have seen people (6 so far) who are 5 years junior to me (i.e joined the company 5 years after I did) get a green card where as I am dazed and confused and haven’t even applied for 485.

    I totally agreed with country caps in non skilled immigration, because the only criteria is that you don’t have any diseases and don’t have a criminal background. But in skilled immigration it does not make sense to apply country caps unless you apply country caps in H1. but US is a competitive country, they want the best available talent for H1and that’s the reason they don’t put country caps on H1.
    I understand your plight, but then the solution is to put a country cap to H1. Also, I respectfully disagree with comparing your situation in regards to caste etc in your country to country-cap based quotas in the US. This has only happened because the number of H1s for many years exceeded the number of GCs allowed every yr. The US does believe in some diversity which is why they have affirmative action, and the country cap has been imposed in the same spirit. Affirmative action will not go away from the US even if it is, as you say, same thing as caste-based reservations in your home country. I agree: there should be a country cap on H1 also and the total number of H1 per yr should never exceed the number of GCs per yr.



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  • niklshah
    07-13 09:27 PM
    murthy was too scared too give any statemant before, this statemant was ok but it was too late when she saw that the momentum is getting strong she jumped in.





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  • aka
    04-24 12:12 PM
    Congrats Googler, you have given so much to this community. You totally deserve the good news! Have a couple of cold ones on us...



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  • senthil1
    04-03 08:46 PM
    What is the meaning of this?
    The bill also includes a variety of other provisions, including one that would prohibit employers from hiring H-1B workers and then outsourcing them to other businesses and another that would require companies to pay prevailing wages to both H-1B and L-1 visa holders

    Is that means Bodyshopping cannot be done by H1 or L1?



    ?? A new bill in senate to reform H1B ???
    I was just watching LuDobb's show on CNN and saw a clip on a proposed bill (being prepared by Sen.Durbin and another whose name I forgot) to revamp/reform H1B program. From the brief discussion, got the impression that the bill is more concentrated on controlling the h1B program with more checks and rules etc. Obviously Dobbs liked it - not sure if there are any other measures in that bill. Also not sure why another bill if CIR/STRIVE act is in works which is supposed to cover all immigration issues. Anyone else saw any related news elsewhere?

    Also saw this article (sorry if its already discussed somewhere):
    http://www.infoworld.com/article/07/04/03/HNsenateh1bbill_1.html





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  • prad123
    05-05 11:32 PM
    My friend was on situation. He consulted lawyer. If already change of status is applied from October 1 you will be in H1. But if you go out of country and come back before October 1st with L1 visa, you are COS will not be valid. Youcan continue in L1. But only problem is you can not switch to H1 later without stamping.



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  • cool4maverick
    05-23 02:18 PM
    While I wait for GC and chewed up all finger nails, I thought its good time to think about adding a qualification to myself.

    I do not want to spend rest of my life in development. :cool:

    I was doing some research on Online MBA (no..not the diploma mills or degree printing ones)

    My criteria was,
    1) Institutions that require GMAT
    2) AACSB Accredited
    3) Has some sensible ranking in USNews or Financial Times or Business Week
    4) Can be done without leaving current job (occasional visit to universities are fine with me)

    Here are the universities I came up
    1) Warrington College of Business, Florida (USNEWS ranking)
    2) WP Carey, Arizona State University (USNEWS ranking)
    3) Kelley Direct, Indiana University (highly regarded)
    4) Penn State World Campus MBA

    And then there are many $$ category colleges which I didnt bother to check..I can't pay those fees :)

    Now, can any one suggest or comment or refer to any other college?

    Also, what kind of disciplines we should check in an MBA..I dont know if MBA finance will be good..as such I have no preferences. (anything related to Investment banking etc will be good though)

    Why waste time and energy in an online MBA, which in general does not have good reputation. One of the key things of an MBA is the interaction with other members, and an online MBA cannot provide you that environment.





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  • champu
    03-09 04:38 PM
    1) Massive campaigns won't do the job in fact they will do more harm then results particularly in this environments (learn from Hispanic community protests before CIR)

    2) Mr. Change alone don't have to do something about it? he can direct his DHS and CIS people to do their jobs.. just because economy of economy is bad that does not mean people stop eating food.

    3) We and institutions like IV needs to come up with agenda to lift this country quota ban (at least to eliminate this huge backlog)

    4) IV says they have agenda but nobody knows their laundry list agenda.

    5) We need to work for lifting this country quota ... this is the only way that things can become REASONABLE.


    Campiagn is needed but messages to be charted carefully.





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  • ak77
    09-10 02:06 PM
    I found another link. Not sure if its the right one ?

    http://www.c-span.org/Watch/C-SPAN_wm.aspx



    Yes this one is working for me...but iam also not sure its the right one or not.





    coopheal
    03-19 05:34 PM
    Before EB2 moves faster, every EB3 guy will get a new LC and jump in to EB2 line. Then EB3 line will be little lighter and moves a little faster. Then people will start asking like this - "Can we go back to EB3 line ? Can we have 3rd EB3 LC ( like LC sells in walmart) and another 485 ?" . Pretty much everyone wants to have 2 LC , 2 I-140 and 2 I-485 at any time. That way whichever category moves faster they will beat the system.

    Then we come to this forum and wonder why there is so much backlog or why USCIS is so slow ( my favorite one).

    This madness has to stop !

    What is your point?? You stop your madness?





    Jaime
    09-10 03:49 PM
    "We don't sponsor" - The favorite new phrase of most companies' HR department employees. Most of the times they don't even know what that means, but the H1-B visa has gotten such a bad rap for being so cumbersome, unjust, cruel, expensive and difficult that companies just don't want to deal with it anymore. Ask any current international student how many times this unfairness has driven them to tears. That's why they are going back home to compete against the U.S.!!!



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