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  • boreal
    07-21 05:31 PM
    For 2007 we had an availability of 226,000 Family Based Visas. But the issued visas in 2007 in Family Based are 194,900 visas. That means there are 226,000 MINUS 194,900 = 31100. These 31,100
    unused Family Based Visas have been made available for 2008 Employment Based Visas of 140,000. And USCIS has 28,795 unused VISAS of American Competitiveness in the 21st Century Act of 2000 (AC21).




    Sorry, silly question. Does this mean that these 32k visas are available to the EB2 I/C folks in Aug/Sep?





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  • Macaca
    02-19 06:15 PM
    There may be restarunt managers got GC thro EB1. I know one guy got GC thro EB1-Multinational manager thro a small consulting firm having less employees in both India and USA.

    Why is it surprsing that Skill Bill is not passing when restaurant manager is getting GC before US CS Ph D?





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  • ganguteli
    04-01 11:02 PM
    Are you 'high skilled'?
    Your logic suggests otherwise!

    There is no word as high-skilled in the law. We all are in the skilled category. High is probably added by the media. Maybe because most people are computer programmers and it seems tough to an average Joe.





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  • kaisersose
    07-29 12:21 AM
    I presume the decrease in labour filing in 2008 might be a possibility due to the offshore Indian companies which shifting to H1B sponsorship instead of L1 sponsorship. Because most of the L1s being rejected with these companies recently. So they switching to H1 sponsorship. And obviously they normally dont sponsor GC. So this is just my thinking on why the labor filings decreased in 2008 compared to 2007.

    http://www.myvisajobs.com/reports/Sponsor/Top500_h1b_visa_sponsor_2005.pdf

    There is the added restriction that the employer has to now pay for PERM. SOme employers may have some way of working around this, but it definitely has an impact in reducing the number of applications.



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  • amsgc
    07-26 04:48 PM
    From what I remember, Ron Hira had done the math and found that only 0.03% of those H-1B visa applicants get sponsored for the GC by the Indian Offshore companies.

    But, we still have a tremendous backlog in 2004, plus labor subs, plus EB3 moving over to EB2. According to , there are still hundreds of people waiting with PD before June 2004.

    Also out of the 65K H1 visas that were available since 2003, most of the Visas were consumed by the Big Indian companies.
    Remember when Congress sent letters to the Big Indian companies, there was data related to how many companies applied for how many Visas.

    AFAIK it was in the range of 25k-35k per year combined by all these companies that filed H1s .

    One thing to note is, they do not sponsor GCs for all the applicants.They do them very rarely for the people who are in their 5th to 6th year of H1.Could be in the range of Hundereds and not thousands comapred to the people count they have in US.





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  • pathiren
    09-28 08:46 PM
    Thanks for the response in advance.

    The question is:
    1) Can a husband (on H1) own a business and sponsor (H1 and greencard) his wife to work for the same business?
    2) Can an Indian company start LLC or any other kind of firm and own a business and sponsor someone- more specifically my dad (a major stake holder in Indian company) and this indian company starts some kind of LLC or inc (whichever is feasible) and sponsor my wife for H1 and greencard?

    I know its kind of confusing, but would appreciate if you can try and explore this.

    Thanks a lot!



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  • mbartosik
    12-13 11:45 AM
    There may or may not be constitution grounds to challenge the law, I've thought about this too, however from a pragmatic point of view....

    1) The money needed to pay the lawyers would likely be more than for lobbying. Importantly money for legal costs is best to be on hand -- i.e. good cash flow, otherwise you risk missing legal deadlines. It would mean diverting money from lobbying. If we were flush with cash e.g. every member paid just $100 per year this would work.

    2) Even among members of congress that are behind us, several have reservations about removing country cap (although they are willing to raise it).

    3) EB3 ROW is retrogressed anyway. India EB3 is about May 2001, and ROW EB3 Oct 2002. The effect of only removing country quota would be put EB3 generally at about Oct 2001.

    The way to move forward for all is to increase total through put, e.g. raise caps, remove dependents from caps, recapture unused quota, tie caps to multiple of H1B quota. For ROW it would move steadily forward, and India move and then would jump forward every 4th quarter with massive spill over from ROW.

    As I said I'm not against the idea in principle, just being pragmatic.





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  • Caliber
    09-04 12:11 PM
    It is a shame for IV.

    You have 352 posts and not one dollar contribution. Are you talking about shame on IV?



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  • samay
    07-28 04:25 PM
    question for lawyer.
    please find my details and dates as per below. my questions are as below.
    thank you

    First H1b approval Date:08/28/2001
    First H1b Stamp: 12/04/2001

    first H1 transfer:notice date: 05/16/2002
    first H1 Transfer approval date:09/25/2002
    second H1 Transfer Notice Date:03/20/2004
    Second H1 Transfer Approval Date: 09/10/2004
    First Permanant Labor Apply date: 02/28/2005
    H1 Extention on second H1 transfer:04/01/2007 to 03/31/2010

    Filled I-140 in March 2005 after Labor approval from backlog centre.
    filled I-485 in July 2007.
    Got RFE on Ability to Pay in sep 2007
    Filled Motion to reopen which got denied.
    Another Company filled Labor in March 2008.
    Labor got approved in May 2008.
    Filling I-140 in primium ?????


    question:
    H1 expiring in March 2010. will my H1b get extended based on the new Labor even if the labor was filled after the six years limit?
    do you think filling I-140 in primium will help in this situation?
    Does the out come of I-140 affect any other new application from another or same employer?

    Your case is a bit complicated and to answer your question I will have to look at your papers and the reason why your motion to reopen was denied. If you want a consult with me please take an appointment by going through Pappu. Thanks.





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  • desim
    07-14 11:13 PM
    Thank you for your service and to IV for helping us.

    I have a question regarding my wife's status. Here is our current status:

    She got thru H1B lottery this year and is waiting for approval. Both our I94 are valid until Aug 11 this year. I have a valid visa until 09 today. She does have a gap between Aug 11 and Oct 1, 08.

    Her employer says he filed her application as COS. I believe it will be CP as there is a gap in her status. We want to travel to India after receiving her H1B approval. We will be getting our H1B/H4 visa stamping and return before Oct 1.

    My questions are

    1. after our return what needs to be done for my wife to work from Oct 1. Do I need to file a COS or Amendment to change her status from H4 to H1b from Oct 1?
    2. If so which form will it be I-129? Is there premium processing available for this?

    Thanks!



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  • shree19772000
    03-27 02:23 PM
    Love to see narendra modi as PM but I know that's far from happening. I would bet on LK for now.





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  • okuzmin
    04-09 12:14 PM
    WFGC2006, to my knowledge, in order to be able to apply for Canadian citizenship, you must stay in the country for 3 out of the last 4 years cumulatively, not consecutively.



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  • PavanV
    09-23 03:03 PM
    I believe the proposal has to be amended, it says "20%" of the loan amount , here in CA, the houses are around 500k, 20% of which turns out to be 100k, i dont have that kind of money, looks like everybody out there seems to have ton loads of money !! (damn desis !)
    How about saying " buying a house" with good credit.





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  • Nikith77
    06-12 06:36 PM
    To be honest, I do agree that the US needs qualified people with skillsets. The real question is "Are the people from the desi consulting companies the real qualified lot ? " Just to get my background details out of the way. I am a new member, from India ofcourse, and I have recently applied for my citizenship. Now with this huge deluge of immigrants, especially from the desi consulting companies, I feel that my quality of life is getting adversely impacted. Do not rush to conclusions that I am anti Indian or anti immigrant. 12 years back when I first got my H1 visa, the requirements to qualify were strict. Staffing companies to a decent extent followed rules and tried to get the best and the brightest. Once the dot com boom started, people from all walks of life entered IT. This was true of not just the Indians but also of people in the US. Soon after the bust, the value proposition from these staffing companies was simply low cost. This is not to blame the staffing companies. They behaved in an economically rational way.

    Consider this scenario. If you run a consulting company, wouldn't you try to maximize your profits by staffing people in projects at the least cost ? This is econmically rational. You wouldn't worry much about the quality of the deliverables and all you would care is to dump as many bodies as possible at the client site or offshore and get the maximum bang for the buck.

    In this scenario, how is it feasible to expect immigrational justice when the bodies themselves dont provide exceptional talent and skills but simply offer low cost ? Now you would be tempted to bring in the analogous case of illegal low skilled immigrants. Remember they are just that - low skilled workers. They dont "steal" the jobs of high skilled workers. But this dumping of IT workforce has completely brought down the standard of living of the IT workers here. To be honest, those who get green cards today would feel the same way five years from now when the next wave of so called "skilled IT immigrants" offer even lower wages and destroy the quality of life.

    In summary, this retrogression is good in a way. The truly best and the brightest would still be employed until their turn for adjournment comes in. Only the weak are currently scared of the delays. I went through the same torrid GC phase after the tech meltdown in 2001. I was not worried of my job then but many people whom I knew got clobbered and were forced to leave. This is the darwinian flush and it will take its toll. Trust me this the bitter truth. If you people still consider that all the people on H1/L1 are part of the best and the brightest, they are WRONG. Only a small % (probably 20%) are the true best and the brightest and a good 50% will be flushed out. Sorry to say this and hey give me the red dots.
    I think you are over confi....... but best of luck to you.



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  • saravanaraj.sathya
    07-24 03:37 PM
    Hi - It is great reading your story and gives more confidence for other in this forum. I have 2 more yrs remaining in H1. If things do not speed up, I also have plans to move out of USA and find a job someplace else.





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  • Macaca
    07-04 09:23 AM
    Originally Posted by Macaca ( add ons from forum in red)
    I am trying an outline for sending to media + lawmakers + ...

    I meant a scan of the other 100 page thread Breaking news. I did not follow that thread and it has lot of issues. Please summarize issues mentioned in Breaking News thread here.

    I will add issues from this thread! thanks



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  • Macaca
    07-03 08:30 PM
    Pleeeeeeeeease blog at Employment Based (EB) Skilled Immigration Applicants (http://boards.msn.com/MSNBCboards/thread.aspx?boardid=1042&threadid=314286&BoardsParam=HIPDelay=1&PostID=7628691)

    Please put details. 1 liners will not cut it!





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  • dilber
    07-29 02:21 PM
    It seems they are accounted separately in these Appointment schedule sheets, there are multiple entries for same "BMB CASE NUMBER" which I assume is one per primary applicant. So I think the dependents are accounted for in the 100 number that i.e. being projected.

    In any case even if it is not it will move up to what 220 (assuming 2.2 people per primary applicant) it will still be a very small part of 20000+ odd visa that are being projected in this thread. I think the idea being circulated by the Ron and Murtys of this world that DOL pushed out the dates to get CP to use up the numbers that USCIS is incapable or unwilling to use seems to go down the drain I don't think DOL cares about 100 odd visas that much.:)





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  • BharatPremi
    12-13 10:29 PM
    It is surprising to me that some, so called high skilled, folks can be so blinded by their desire to get the green card that they are unable to see right from wrong.

    Never mind the pain of those affected by this inequitable system, or if this is technically legal, or whether it can be challenged in court. Think about what you are condoning � an unjust government policy that presumably works for you, now. By advocating an unfair policy today, in the long run you are undermining your own position as an immigrant in this country.

    You seem to be crying out loud - �I am a high skilled foreigner, but I am different, different from them! Look, look at my color, texture, please look at my passport. Oh no fuck that, please look at my place of birth. Skills? Yes we all have them, but let�s not get distracted. I am different - will you please look at my birth certificate, please?�

    Oh I hear ya. But all said and done, you will still be a foreigner to the average Joe on the street, even after you get your green card or naturalization papers. And if things go south, then those unethical policy makers, whom you give a pass today, will find a way to get you � and yes, that birth certificate will come handy. It is important to be united, and stay united.

    To say that the United States has the right to make any law with respect to immigration doesn�t make an unjust law right. Presumably you are well educated and can understand this. And speaking of education � was it your degree or birth certificate that you took to your job interview that set this process in motion? It is counter intuitive to have such a provision where, to begin with, it is your skills that enabled you to get in line.

    Apart from the resounding racial undertone, this policy is also harmful for the society at large. It encourages people to be conscious about their origins, be aware of their differences and the whole idea of America being a melting pot just goes down the toilet.

    I understand it is difficult for some to fight this unfair system, because first you may have to fight and win against your basic instincts. It is hard for us, but this attitude may make things harder for you in the future.

    Lets stay united and open minded, and fight for a fair system.

    Welcome to the board... we are just analyzing which way to fight is better. Mark is saying lobbying is the only way, some other say exploring to challenge in court worth a try...some say not worth it-forget it. Have your opinion pitch in please.:)





    qualified_trash
    11-12 06:40 PM
    everyone on this thread must ask ourselves this question:

    My HR manager has told me that there will be a labor available which I may be able to use to gain a better PD and get my GC in record time. Do I go for it?

    If your answer to the above question is NO, may I suggest you have your head examined.........

    If your answer to the above question is YES, may I suggest that you do not worry too much about LC substitution.

    I personally would never pass up a chance at a pre-approved labor and I bear no ill will or grudge against those who have benefited from the same. This country and world is large enough for all to coexist and do well........

    As for the people who have benefited, there is something to be said about being in the right place at right time.......





    pcs
    07-03 04:02 PM
    Which congressman did you call?
    Thanks.


    Ralph Regula in Ohio



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