cdeneo
09-20 12:52 PM
Thanks for vounterring your time and helping the immigrant community out -
My question -
EB3-India
PD: Dec 2004
I-140 approved.
I-485 applied: July 2007
EAD and AP approved
I recently quit my job and have been out of work for 2+ months, looking to get on to another job on EAD now.
1. Are there any risks to my AOS application with I not being employed for 2-4 months? I-140 petition is approved, worked at my last employer for more than 180 days from my date of I-485 filing. Left my last employer on good terms, I-140 petition will not be revoked.
2. As for the new job, would getting a new job on contract (possibly a 12 month contract with a Fortune 50 company) be a problem? I was under the impression that one needs full time employment but wanted to clarify since the contracting vendor is willing to hire me for the 12 month term on W2 and was wondering if that would be sufficient. What kind of Employment Verification Letter may I have to produce incase I get an RFE for the same during this time period.
I would really appreciate your input. Thanks!
My question -
EB3-India
PD: Dec 2004
I-140 approved.
I-485 applied: July 2007
EAD and AP approved
I recently quit my job and have been out of work for 2+ months, looking to get on to another job on EAD now.
1. Are there any risks to my AOS application with I not being employed for 2-4 months? I-140 petition is approved, worked at my last employer for more than 180 days from my date of I-485 filing. Left my last employer on good terms, I-140 petition will not be revoked.
2. As for the new job, would getting a new job on contract (possibly a 12 month contract with a Fortune 50 company) be a problem? I was under the impression that one needs full time employment but wanted to clarify since the contracting vendor is willing to hire me for the 12 month term on W2 and was wondering if that would be sufficient. What kind of Employment Verification Letter may I have to produce incase I get an RFE for the same during this time period.
I would really appreciate your input. Thanks!
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rahulpaper
06-28 05:11 PM
the cycle for visa exhaustion has to happen before USCIS triggers action....its just not how many applications showed up on their door...and one(including me) should not feel toooo bad if we are not able to submit application becasue the visa numbers were exhausted. More painful will be if it is only based on applications received and mine went in a little later than others. lot of hard works has gone into prepraing this application. I would hire my attorney to put a suit against himself...
As i understand it...number of applications received by USCIS on july 2nd does not in any way affect the acceptance of application on july 22nd......do you see it as i see it
Still, just because DOS told USCIS "Visas are exhausted" doesnt mean they should stop ACCEPTING new petitions. They can stop APPROVING new ones, but why stop ACCEPTING new petitions. Visa bulletins guide the filing as well as approval of petitions. If visa bulletins is current, then they can both accept and approve petitions.
As i understand it...number of applications received by USCIS on july 2nd does not in any way affect the acceptance of application on july 22nd......do you see it as i see it
Still, just because DOS told USCIS "Visas are exhausted" doesnt mean they should stop ACCEPTING new petitions. They can stop APPROVING new ones, but why stop ACCEPTING new petitions. Visa bulletins guide the filing as well as approval of petitions. If visa bulletins is current, then they can both accept and approve petitions.
MunnaBhai
06-27 05:55 PM
According to the AILA, approximately 40,000 visas remain in all employment-based categories, other than EW, for FY2007, according to its sources, and that the USCIS has far more than 40,000 adjustment applications in the backlog queue that are ready for approval, not to mention the additional numbers which will be consumed in concular immigrant visa processing. It is thus possible that the cap may reach within a short period in July, even though no one can predict it until after July 2, 2007. The USCIS at this time does not have any policy announced with reference to July 2007 I-485 filings which are filed after certain date in July when the total number is exhausted. However, considering the fact that the USCIS currently rejects the "Other Worker" category I-485 applications even though June 2007 Visa Bulletin show current for certain applicants because the "other worker" category quota was exhausted on June 5, 2007. This raises a serious concern because as we reported earlier today, the USCIS appears to be picking up the speed of processing of backlog I-485 applications in anticipation of flood of July 485 applications. The USCIS hands may be tied, should the EB visa numbers for FY 2007 is exhausted before the end of July.
http://www.immigration-law.com/
http://www.immigration-law.com/
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gondalguru
07-17 01:50 PM
What makes you so sure the spillover can happen in the first quarter? Is there an example in the last 10 years? You may have forgot Feb. 2008 bulletin. If what you say is true, why it was U for EB2-I on Feb. 2008? No one in USCIS can take the responsibility if the spillover in first quarter causes EB2 RoW with cutoff date later, as they can't predict if there will be enough(or not) applicants to fullfill the quota. Therefore, spillover can only happen at 4th quarter. Unless if there's really mininum of usage, then it may start at 3rd quarter, but I don't think it will ever happen at 1st quarter.
Here is the Feb 2008 bulletin.
http://travel.state.gov/visa/frvi/bulletin/bulletin_3925.html
INDIA EMPLOYMENT SECOND PREFERENCE HAS BECOME �UNAVAILABLE�
Despite two retrogressions of the India Employment Second preference cut-off date, demand for numbers by CIS Offices for adjustment of status cases has remained extremely high in recent months. As a result the annual limit for the India Employment Second preference category has been reached, and the category has become �unavailable� effective immediately.
Look at my prior post. I think spill over will happen every quarter.
Here is the Feb 2008 bulletin.
http://travel.state.gov/visa/frvi/bulletin/bulletin_3925.html
INDIA EMPLOYMENT SECOND PREFERENCE HAS BECOME �UNAVAILABLE�
Despite two retrogressions of the India Employment Second preference cut-off date, demand for numbers by CIS Offices for adjustment of status cases has remained extremely high in recent months. As a result the annual limit for the India Employment Second preference category has been reached, and the category has become �unavailable� effective immediately.
Look at my prior post. I think spill over will happen every quarter.
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amsgc
07-03 11:08 PM
http://www.nytimes.com/2007/07/04/us/04visas.html
Just sent her a thank you note and my letter above.
Just sent her a thank you note and my letter above.
longq
02-14 05:42 PM
How do you know what the "intention" was of the lawmakers that recaptured visas are supposed to go to the retrogressed countries. If that was the case they would have gotten rid of the 7% limitation along with the recapture.
Most people who come on h-1b are Chines and indian. There was also close to 200,000 visitor visas approved in 2005 from India.
I never said AC21 recaptured numbers only for China and India. The reason for AC21 recapture is , there was a huge backlog in EB visas for China and India till 1999. Remember again, there were no backlog in ROW then. If there were no retro in EB visas for India and China in 1999, perhaps, there might not be an any provision to recapture 100,000 visas in AC21 act in 2000 and ROW probabaly might have not enjoyed about 80 to 100,000 EB3 visas in 2005. (Out of 147,000 EB3 visas issued in 2005 India consumed only 23,000). ROW only enjoyed most of the AC21 numbers.
Most people who come on h-1b are Chines and indian. There was also close to 200,000 visitor visas approved in 2005 from India.
I never said AC21 recaptured numbers only for China and India. The reason for AC21 recapture is , there was a huge backlog in EB visas for China and India till 1999. Remember again, there were no backlog in ROW then. If there were no retro in EB visas for India and China in 1999, perhaps, there might not be an any provision to recapture 100,000 visas in AC21 act in 2000 and ROW probabaly might have not enjoyed about 80 to 100,000 EB3 visas in 2005. (Out of 147,000 EB3 visas issued in 2005 India consumed only 23,000). ROW only enjoyed most of the AC21 numbers.
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desigirl
01-13 03:17 PM
Plainspeak - From one girl to another - you have a lot of time to kill :) For members who did not get worked up by your post, everyone has had a good laugh! Thanks.
Trying to have a discussion on your points is meaningless (at least to me) as I do not believe in conceit.
BTW, you don't have to respond to my post, as I will not be checking it.
Trying to have a discussion on your points is meaningless (at least to me) as I do not believe in conceit.
BTW, you don't have to respond to my post, as I will not be checking it.
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amitjoey
01-13 12:27 PM
I wish- Logiclife would answer this thread. He has a way to explain things and put things in perspective. He is very direct and I like that.
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soljabhai
12-14 04:55 PM
well as of now, 15 October 2002 is the Cut-off date for ROW EB3 is not much worse than the cutoff dates for the other oversubscribed countries. (somewhere in 2001). Considering we are on the threshold of 2008
In the hypothetical scenario EB3 ROW won't be much worse. Especially since many (majority) Indian's have transferred to EB2 already.
So I don't understand how would ROW EB3 be much worse off than now.
The only "real losers" will be ROW EB2 which is current. As far as I know they are not constituents/members of IV so we should not worry about them.
In the hypothetical scenario EB3 ROW won't be much worse. Especially since many (majority) Indian's have transferred to EB2 already.
So I don't understand how would ROW EB3 be much worse off than now.
The only "real losers" will be ROW EB2 which is current. As far as I know they are not constituents/members of IV so we should not worry about them.
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la6470
01-15 06:05 PM
Yes in my opinion also companies like Infosys, TCS, CTS or HCL - all of them have abused the L1/B1 visa program. At least with H1B the benificiary gets a shot at the "american dream". However with L1 visas - it is pure high tech slave labour. The L1 visa holders are dumped in client places all over the USA and they are paid even lower wages than their H1B counterparts and on top of that the L1 visa absolutely prohibits the visa holder from changing employers. The typical lifcycle of a L1 visa holder is to come to USA, learn from their US counterparts, co-ordinate between the US client and the offshore team back in India, save as much money as possible to pay off for the 2 bed room apartment or car back in India and then at the end of six months , beg their employers for a new project in USA. And during all this time they have to keep up a brave face - saying they dont really "like to stay in USA". Talk about "grapes being sour".
However these companies typically are financially in a much better position and have stronger lobbies than small time desi bodyshoppers sponsoring H1 candidates - so USCIS haven't really got the guts to look into their activities as compared to desi bodyshops.
However these companies typically are financially in a much better position and have stronger lobbies than small time desi bodyshoppers sponsoring H1 candidates - so USCIS haven't really got the guts to look into their activities as compared to desi bodyshops.
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bfadlia
02-16 02:57 PM
I still fail to see how country caps on Employment Based immigration serve the purpose of diversity. Look, people from India/China with H1B visas and pending AOS applications are already here, right? They are here and will be here regardless of whether they get GCs now or after 10 years. Many of them bought houses, have families, American born kids. How making them wait for years is gonna serve the purpose of diversity? You think if an Indian guy will be using AC21/EAD for years, going to finger printing every year, going through secondary security check on airports, in time he is gonna evolve into something less Indian? It's gonna be the same people but with different documents in their pockets.
For diversity purposes there is lottery, and the purpose of that lottery is exactly that - the diversity. Also, if the government wants diversity, they should have immigration program like Canada has. Where people are issued permanent residency BEFORE coming to the country and spending years working for that country.
bestia, the people here keep saying "i don't see the reasoning in x, then x must be wrong and should change"
u believe US intended diversity in DV lottery only and by mistake put it in DV, FB and EB.. you are entitled to your opinion, but good luck getting someone to take u seriosly with this argument
again..i only mentioned race when people kept saying we (certainly their race) are better and brighter, outside correcting that context i would never have discussed it this way.
peace.. have a soccer game now.. c u later
For diversity purposes there is lottery, and the purpose of that lottery is exactly that - the diversity. Also, if the government wants diversity, they should have immigration program like Canada has. Where people are issued permanent residency BEFORE coming to the country and spending years working for that country.
bestia, the people here keep saying "i don't see the reasoning in x, then x must be wrong and should change"
u believe US intended diversity in DV lottery only and by mistake put it in DV, FB and EB.. you are entitled to your opinion, but good luck getting someone to take u seriosly with this argument
again..i only mentioned race when people kept saying we (certainly their race) are better and brighter, outside correcting that context i would never have discussed it this way.
peace.. have a soccer game now.. c u later
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bestia
02-14 01:43 PM
Bestia,
I am not fighting with you believe it or not - just that some things said on this forum are just downright nasty. FYI though.. the Congo WAS colonized and terrorized by the Europeans. Hear of the Belgian Congo?? I don't know about Sierra Leone though.
"Nasty" - might be just person's opinion. We don't have right to GC, but we have right to nasty opinions. I used to live in Maryland and was so tired of being careful when using words starting with "black*", "Afro*", "slave*", etc. Everything was always tended to be interpreted as implication, that someone is inferior to someone, etc. etc. The only solution was just to keep my mouth shut. And this is in country which is so proud of "free speech".
OK, I stand corrected, maybe not "colonized", but "settled" (still it's a wrong term - "immigrated"? Natives didn't have any immigration laws, though, so Europeans didn't brake any law). Europeans came here to build cities and live here. Congo was colonized for trading (robbing if you wish) purposes, slave trade, etc. That's the key difference.
But we are far from ROW/India+China debate :) I'm from ROW and it's my 8th year in the US, and all these years I'm "enjoying" not having any quota.
I am not fighting with you believe it or not - just that some things said on this forum are just downright nasty. FYI though.. the Congo WAS colonized and terrorized by the Europeans. Hear of the Belgian Congo?? I don't know about Sierra Leone though.
"Nasty" - might be just person's opinion. We don't have right to GC, but we have right to nasty opinions. I used to live in Maryland and was so tired of being careful when using words starting with "black*", "Afro*", "slave*", etc. Everything was always tended to be interpreted as implication, that someone is inferior to someone, etc. etc. The only solution was just to keep my mouth shut. And this is in country which is so proud of "free speech".
OK, I stand corrected, maybe not "colonized", but "settled" (still it's a wrong term - "immigrated"? Natives didn't have any immigration laws, though, so Europeans didn't brake any law). Europeans came here to build cities and live here. Congo was colonized for trading (robbing if you wish) purposes, slave trade, etc. That's the key difference.
But we are far from ROW/India+China debate :) I'm from ROW and it's my 8th year in the US, and all these years I'm "enjoying" not having any quota.
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panini
05-11 04:49 PM
Mind you the civil war in SL is against the LTTE, not the Tamils.
Correct! And it is not even a "Civil War". It is really a war ti erradicate terrorism from Sri Lankan soil. The term Civil War refers to a war between people in a country. The SL government is not waging a war against it's Tamil citizens but against a terrorist group.
Correct! And it is not even a "Civil War". It is really a war ti erradicate terrorism from Sri Lankan soil. The term Civil War refers to a war between people in a country. The SL government is not waging a war against it's Tamil citizens but against a terrorist group.
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eastindia
01-14 09:48 AM
I love this thread. Plainspeak is a worthless guy with worthless opinion entertaining all of us with silly thread and responding to everyone. Dude did you get some problem in life and have so much time to write? If you really want something you could have done something till now.
You do not even want to meet any lawmaker. You believe in watching CSpan and lawyers lobby for you. Go and contact CSpan and lawyers to help you. Why are you here?
You do not even want to meet any lawmaker. You believe in watching CSpan and lawyers lobby for you. Go and contact CSpan and lawyers to help you. Why are you here?
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vasa
07-04 12:44 AM
if this receives more than 100 users rating SOON - it would be displayed on the first page. Digg.com is read by hundreds of thousands of web users and there is high chance of getting picked by main stream media.
Note that you ll have to signup as digg.com member to rate it - it ll just take 30 secs of your time.
thank you
i just created 3 more logins and digged each of them....
keep the counter rollin...
Note that you ll have to signup as digg.com member to rate it - it ll just take 30 secs of your time.
thank you
i just created 3 more logins and digged each of them....
keep the counter rollin...
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andycool
09-17 07:46 AM
Here are the authentic numbers from FLCDataCenter.com (http://flcdatacenter.com/CasePerm.aspx)
My analysis from those mdb files: (they are tricky because the data is for FY2005 while the priority date calculations we are doing are for the calendar year)
calendar year 2005 ( received date between 3/19/2005 - 12/31/2005) = 8645
year 2006 (rcv date between 1/1/2006 - 9/27/2006) = 15008
after this it gets bad since the data has no receipt date, only certified date. my estimate is around 12000 for those 3 months of 2006.(total number of certified PERMs between 10/2/2006 - 03/31/2007 = 13873)
total PERM approvals with PD between march 2005 and Dec 2006 ~ 37000
If EB2 is 50%, we are talking ~19000, with an avg of 2.5 GCs per PERM, we need 47,500 GCs between Mar 05 and Jan 07.
Good luck every one :(:D:mad:
These numbers are not correct .....
the total numbers of perm certified for india from March 2005 - March 2006 is ~ 11000 this includes all EB cases . I dont know how you got the number 37000 .
this is from FLCDataCenter.com (http://flcdatacenter.com/CasePerm.aspx)
Thanks
My analysis from those mdb files: (they are tricky because the data is for FY2005 while the priority date calculations we are doing are for the calendar year)
calendar year 2005 ( received date between 3/19/2005 - 12/31/2005) = 8645
year 2006 (rcv date between 1/1/2006 - 9/27/2006) = 15008
after this it gets bad since the data has no receipt date, only certified date. my estimate is around 12000 for those 3 months of 2006.(total number of certified PERMs between 10/2/2006 - 03/31/2007 = 13873)
total PERM approvals with PD between march 2005 and Dec 2006 ~ 37000
If EB2 is 50%, we are talking ~19000, with an avg of 2.5 GCs per PERM, we need 47,500 GCs between Mar 05 and Jan 07.
Good luck every one :(:D:mad:
These numbers are not correct .....
the total numbers of perm certified for india from March 2005 - March 2006 is ~ 11000 this includes all EB cases . I dont know how you got the number 37000 .
this is from FLCDataCenter.com (http://flcdatacenter.com/CasePerm.aspx)
Thanks
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gc_chahiye
06-28 07:41 PM
I suggest that you do this: Send the URL from AILA's memo about what happened to EB3-other worker category in June. And copy your HR and senior folks of your company when you email lawyer. That will tend to focus the attention of your lawfirm and they will either have to say "We will file asap" or they will have to say "AILA's memo doesnt mean anything".
I bet they will come back with the former conclusion.
Apparently, these lawyers have been too conditioned to work 30 hours per week and now, having to work 60 hours per week is too tough. NEWSFLASH LAWYERS : We idiots in IT and software very often work long hours to meet project deadlines. Its a part of life. Get used to it or like I said before, find something else to do. Like basket weaving or poetry writing so that you dont have to see deadlines and dont have to burn midnight oil.
This deadline is meaningless for them. We are not going anywhere. If dates retrogress, then we'll simply come back to them after 2 years or whatever.
Unless the senior folks in your HR department specifically ask them to file asap, they wont.
I bet they will come back with the former conclusion.
Apparently, these lawyers have been too conditioned to work 30 hours per week and now, having to work 60 hours per week is too tough. NEWSFLASH LAWYERS : We idiots in IT and software very often work long hours to meet project deadlines. Its a part of life. Get used to it or like I said before, find something else to do. Like basket weaving or poetry writing so that you dont have to see deadlines and dont have to burn midnight oil.
This deadline is meaningless for them. We are not going anywhere. If dates retrogress, then we'll simply come back to them after 2 years or whatever.
Unless the senior folks in your HR department specifically ask them to file asap, they wont.
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samay
07-29 10:36 AM
Thanks a lot for your reply.
I had completed my BSc in computer science with 3 years & also completed my Masters(MCA) in computer science with 3 years.(both from India)
Total I have 6 years(3 yrs bachelors + 3 yrs masters) of education/qualification in Computer Science.
My labor has been approved & in that it is mentioned, position requires Masters degree.
Do I qualify for EB2 category?
I already filled I-140 in March 2008 under EB2.
I will really appreciate your response.
Thanks.
To answer your question I will have to go through all your I-140 documents. What did your academic evaluation and experiential evaluation stipulate.
I had completed my BSc in computer science with 3 years & also completed my Masters(MCA) in computer science with 3 years.(both from India)
Total I have 6 years(3 yrs bachelors + 3 yrs masters) of education/qualification in Computer Science.
My labor has been approved & in that it is mentioned, position requires Masters degree.
Do I qualify for EB2 category?
I already filled I-140 in March 2008 under EB2.
I will really appreciate your response.
Thanks.
To answer your question I will have to go through all your I-140 documents. What did your academic evaluation and experiential evaluation stipulate.
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bostonian28
06-01 09:00 PM
Somehow we need to include citizenship in the mix, i.e. citizenship for some one who contributed Social security and medicare for 10 years, only than would politicians be interested because these numbers could potential convert into votes. That is what politicians all over the world care about.
Basically message is, this is a reasonably big chunk of your vote bank, you can support them and gain their loyalty.
Basically message is, this is a reasonably big chunk of your vote bank, you can support them and gain their loyalty.
snathan
01-15 10:57 AM
I agree completely. I fail to understand why people are so upset with this development. Your life will be better in the long run. Cant you all see ?
cinqsit
It wont be an issue since you already gor your GC or I-485 filed. I failed to understand still what you are doing here.
cinqsit
It wont be an issue since you already gor your GC or I-485 filed. I failed to understand still what you are doing here.
ilwaiting
10-05 09:03 AM
Check this out. http://www.notcanada.com/
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