kumarc123
07-25 12:25 PM
I agree with vdlrao completely. The horizontal spill over rule essentially gives all EB1/EB2 visa to EB2's. This will make the EB2 cutoff dates leap and bounce forward. For EB3, however, there won't be any spill over data until EB2 become all current.
In Oppennheimer's reply to Ron Gotcher's question, he mentioned that the horizontal rule was set after he 'had consulation with the congress', so it's very unlikely to have any change to this rule till some legislation changes take place.
I agree with you 100%, this change was made by Congress in attempt to reduce the backlog.
Think about it in terms of Congress, it was under a lot of pressure from high skilled workers and from companies like Google and Bill gates who argued for more number of visas. No offense to any EB3 category, but we all know, EB2 are the ones which have earned a higher skilled education from this country.
(Now please don't start any debates on EB2 or EB3, I didn't make any distinctions and it has no relevance.)
For Congress to somehow act, they made the change in movement of visa numbers, and geared more towards EB1/EB2, to reduce the backlog among EB2 category. This will eventually lead to roll over of visa numbers from EB2 to EB3.
Advantage? High skilled workers who have attained a Masters degree from
U.S., now will see a reduce in backlog.
This recent change in the flow of visa numbers, acknowledges all these problems. We all know, who ever takes over the next presidential elections, will not issue something right away, it will take a few months.
This change buys time and greatly reduces the backlog among EB2, eventually for Eb3 as well. The new process makes much more sense and I don't think this change will revert to its original movement (back to vertical flow)
In Oppennheimer's reply to Ron Gotcher's question, he mentioned that the horizontal rule was set after he 'had consulation with the congress', so it's very unlikely to have any change to this rule till some legislation changes take place.
I agree with you 100%, this change was made by Congress in attempt to reduce the backlog.
Think about it in terms of Congress, it was under a lot of pressure from high skilled workers and from companies like Google and Bill gates who argued for more number of visas. No offense to any EB3 category, but we all know, EB2 are the ones which have earned a higher skilled education from this country.
(Now please don't start any debates on EB2 or EB3, I didn't make any distinctions and it has no relevance.)
For Congress to somehow act, they made the change in movement of visa numbers, and geared more towards EB1/EB2, to reduce the backlog among EB2 category. This will eventually lead to roll over of visa numbers from EB2 to EB3.
Advantage? High skilled workers who have attained a Masters degree from
U.S., now will see a reduce in backlog.
This recent change in the flow of visa numbers, acknowledges all these problems. We all know, who ever takes over the next presidential elections, will not issue something right away, it will take a few months.
This change buys time and greatly reduces the backlog among EB2, eventually for Eb3 as well. The new process makes much more sense and I don't think this change will revert to its original movement (back to vertical flow)
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chanduv23
02-13 12:16 PM
its been a while i read the forums..
well... well !! chandubhai finally cooled down and talking wisdom :-)
well "the intent is the same" :) just following some wonderful advices from some good samaritans :)
But I will always stand on what I would like to see - What I want to see is UNITY among the community and I will be more happy if more and more people stand up and support the efforts.
well... well !! chandubhai finally cooled down and talking wisdom :-)
well "the intent is the same" :) just following some wonderful advices from some good samaritans :)
But I will always stand on what I would like to see - What I want to see is UNITY among the community and I will be more happy if more and more people stand up and support the efforts.
tikka
07-03 11:21 PM
http://digg.com/politics/USCIS_Visa_scandal (http://digg.com/politics/USCIS_Visa_scandal)
Guys, we are all computer friendly unlike our previous generation,lets use the internet to the fullest.
Please dig the link so ppl understand the scenario and making the news sensational but true helps!! Please add your comments to the blog ,hopefully,not 2 frustrated :)
pls check...
Guys, we are all computer friendly unlike our previous generation,lets use the internet to the fullest.
Please dig the link so ppl understand the scenario and making the news sensational but true helps!! Please add your comments to the blog ,hopefully,not 2 frustrated :)
pls check...
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pappu
02-14 10:09 PM
longg and msp1976, Could you update your profile with contact information. IV can use your skills.
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caliducas
07-24 07:12 PM
a) Now you can pay for 80% of the list you mentioned using Internet and e-seva kendras
b) With Right For Information act you can drag people to thier knees if someone asks for bribe.
d) You can have to see the move Die Hard 4
e & f) what about the products here from China
g) Well it depends on the kids
Actually, It's not any different from latin american countries. I'm from Venezuela. My sister is in India right now and she says that she's having problems with power failures, flooding in the area where she lives, and other problems. That's not any different from our country when we don't have water for hours almost every single day, plus everything that has been said here that is inconvenient.
So I would say like others have said in this forum. Think about your kids and the future of your family before making such an important decision since it's not only about us.
Good luck everybody with your GC!!!
b) With Right For Information act you can drag people to thier knees if someone asks for bribe.
d) You can have to see the move Die Hard 4
e & f) what about the products here from China
g) Well it depends on the kids
Actually, It's not any different from latin american countries. I'm from Venezuela. My sister is in India right now and she says that she's having problems with power failures, flooding in the area where she lives, and other problems. That's not any different from our country when we don't have water for hours almost every single day, plus everything that has been said here that is inconvenient.
So I would say like others have said in this forum. Think about your kids and the future of your family before making such an important decision since it's not only about us.
Good luck everybody with your GC!!!
jthomas
06-01 01:25 PM
Lets start writing to authorities about SSA money. This is the best time to ask for it because we are in a recession. They won't be able to make a decision but may remove country quota.
Can we make a letter with all the issues we are facing and mail it to all the authorities.
Can somebody summarise the thread and we look for a action plan. Please do it soon before the fire burns out
J thomas
In a way the whole process have no logic.
to list a few......
Companies recruiting for a "permanent job" 10+ years in future !!!
DOL making sure that this 10+ years future job doesn't replace any US citizen !!!
DOL making sure that the salary is good for this "10+ years future job", using the current data.
Ohh... and expecting the person to remain in the same/similar job and not receive much hier salary even after 15 years.
DOS making sure "ethnic mix" by a "country based limit", so if "India" is divided into 100 different small nations, everyone of them will get GC really fast (even though they are all in same ethnic).
Can we make a letter with all the issues we are facing and mail it to all the authorities.
Can somebody summarise the thread and we look for a action plan. Please do it soon before the fire burns out
J thomas
In a way the whole process have no logic.
to list a few......
Companies recruiting for a "permanent job" 10+ years in future !!!
DOL making sure that this 10+ years future job doesn't replace any US citizen !!!
DOL making sure that the salary is good for this "10+ years future job", using the current data.
Ohh... and expecting the person to remain in the same/similar job and not receive much hier salary even after 15 years.
DOS making sure "ethnic mix" by a "country based limit", so if "India" is divided into 100 different small nations, everyone of them will get GC really fast (even though they are all in same ethnic).
more...
gsvisu
07-12 11:04 PM
Canada immigration is simple & straight forward.
No expensive lawyers are required or any lengthy procedures. Just self do. Also look at the currency rate of US and Canada almost same... Tax is a little high but medical is fully covered.
You need to fill forms,send all your education, papers etc and LO ! you are done and get PR Card. Some of my friends got it in less than 2 yrs.
go to http://www.cic.gc.ca/english/index.asp and you can apply on your own.
P.S: I am not an lawyer. Just another frusted GC wait, wait no reply candidate.
No expensive lawyers are required or any lengthy procedures. Just self do. Also look at the currency rate of US and Canada almost same... Tax is a little high but medical is fully covered.
You need to fill forms,send all your education, papers etc and LO ! you are done and get PR Card. Some of my friends got it in less than 2 yrs.
go to http://www.cic.gc.ca/english/index.asp and you can apply on your own.
P.S: I am not an lawyer. Just another frusted GC wait, wait no reply candidate.
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lazycis
12-14 01:47 PM
OK, let's assume the SC invalidates country-based quotas. All EB-based immigration has to stop at that point until new law is written and passed. New law can remove EB immigration altogether or implement quotas in a different way. It's a dicey citation at best. On top of this, you do not realize how hard it is to win constitutional challenge. We are having difficult time convincing judges that the USCIS has a duty to process our applications. The government argues that it does not have to process them if it chooses so and a lot of judges support that position!!!
Rajiv Khanna made a great effort on behalf of all EB-based applicants but even he could not get class action certification for AOS delays.
If you are looking for an advice, write or e-mail to AILF or ACLU. No need to spend IV money on this. Do not get me wrong, I am always glad to support new ideas and to challenge government in court, but this one is just not going to fly. EEO is completely different area and there is no conflict between EEO and the INA whatsoever. It's nice to be able to see outside of the box, but from time to time it's good to use conventional wisdom as well.
Rajiv Khanna made a great effort on behalf of all EB-based applicants but even he could not get class action certification for AOS delays.
If you are looking for an advice, write or e-mail to AILF or ACLU. No need to spend IV money on this. Do not get me wrong, I am always glad to support new ideas and to challenge government in court, but this one is just not going to fly. EEO is completely different area and there is no conflict between EEO and the INA whatsoever. It's nice to be able to see outside of the box, but from time to time it's good to use conventional wisdom as well.
more...
STAmisha
10-03 04:45 PM
I plan to do it Myself, need some help & suggestion
1. Do we need get our education evaluation done, i am from india with Bsc +Msc(physic) +PGDCA.Will they
consider degree from India as valid with any evaluations.
No educational evaluations are necessary. Provide them ORIGINAL transcripts and notarised copies of your degree certificates
2.For experience what i plan to do is give notarized copies of experience letter,paystubbs. Probably lot
of paystubs so that it looks complete, appointment letter, W2 forms.
This should be sufficient. Provide a copy of resume too
3. Bank statements
Provide bank statements for the last 3 months.
4.Mariage certificate + Birth related documents (notarized)
5. IF some of you can share some Formats which you guys have used to write letter to CIC so that you
get waivered of you English test.
Write them a letter saying that you were educated in English and you are proficient inEnglish. They dont care for IELTS if you apply for US.
Good Luck.It is straightforward and easy
1. Do we need get our education evaluation done, i am from india with Bsc +Msc(physic) +PGDCA.Will they
consider degree from India as valid with any evaluations.
No educational evaluations are necessary. Provide them ORIGINAL transcripts and notarised copies of your degree certificates
2.For experience what i plan to do is give notarized copies of experience letter,paystubbs. Probably lot
of paystubs so that it looks complete, appointment letter, W2 forms.
This should be sufficient. Provide a copy of resume too
3. Bank statements
Provide bank statements for the last 3 months.
4.Mariage certificate + Birth related documents (notarized)
5. IF some of you can share some Formats which you guys have used to write letter to CIC so that you
get waivered of you English test.
Write them a letter saying that you were educated in English and you are proficient inEnglish. They dont care for IELTS if you apply for US.
Good Luck.It is straightforward and easy
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soma
02-12 10:30 PM
just lobbying won't get us anywhere, class action lawsuit would make them listen!!!
more...
kondur_007
07-23 03:15 PM
Thanks !! I had a quick question ..the rules for the spillover, is that a law or does that depend on USCIS or DOS ?
In other words can they change the rules for spillover once again ..say next year ?
Hmmm...that's the question everyone is asking and I tried to read the actual law on this. I am not a lawyer, but what I can interpret is this: The law does not say anything about the "primary handle". In other words, if there is a spill over, should it be confined to the categories or to the countries... (which is a 'stronger' limit: per country or the category?) and this issue is not addressed specifically and that's why DOS has decided to interprete it differently now....
So in short, you are right: it is purely an interpretation from someone in DOS and it may change
I still feel there is small hope for EB3-ww and maybe even EB3-I ...majority of the EB2 cases were filed during july fiasco ..what if they have not been processed yet ? i.e. they will keep moving the dates fwd till it becomes current (if that still does not use up the visas) ..then they would move EB3-ww dates fwd ..once again this is wishing and dreaming :)
That is actually a wishful thinking, and eventhough a long shot, it is possible with USCIS (anything is possible with them:p)
But remember, if they use up this year's numbers by sept, they will retrogress everything again till the end of next fiscal year and that buys them another year to process those applications (without the worry of dealing with any new 485s due to retrogression)
They will think several hundred times before making EB2 current, because that will mean a new round of applications (everyone with PDs in 2006 have filed their 485 already any way, and so current advancing of the dates was a calculated move not to allow any new filing).
But as I said above, anything is possible with USCIS:p
Good Luck to all of us...
In other words can they change the rules for spillover once again ..say next year ?
Hmmm...that's the question everyone is asking and I tried to read the actual law on this. I am not a lawyer, but what I can interpret is this: The law does not say anything about the "primary handle". In other words, if there is a spill over, should it be confined to the categories or to the countries... (which is a 'stronger' limit: per country or the category?) and this issue is not addressed specifically and that's why DOS has decided to interprete it differently now....
So in short, you are right: it is purely an interpretation from someone in DOS and it may change
I still feel there is small hope for EB3-ww and maybe even EB3-I ...majority of the EB2 cases were filed during july fiasco ..what if they have not been processed yet ? i.e. they will keep moving the dates fwd till it becomes current (if that still does not use up the visas) ..then they would move EB3-ww dates fwd ..once again this is wishing and dreaming :)
That is actually a wishful thinking, and eventhough a long shot, it is possible with USCIS (anything is possible with them:p)
But remember, if they use up this year's numbers by sept, they will retrogress everything again till the end of next fiscal year and that buys them another year to process those applications (without the worry of dealing with any new 485s due to retrogression)
They will think several hundred times before making EB2 current, because that will mean a new round of applications (everyone with PDs in 2006 have filed their 485 already any way, and so current advancing of the dates was a calculated move not to allow any new filing).
But as I said above, anything is possible with USCIS:p
Good Luck to all of us...
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geevikram
06-14 05:45 PM
I guess my 9 months old prediction is coming true (off by a month).
http://immigrationvoice.org/forum/1049939-post209.html
Sachug22,
While I would love for your prediction to be true for the remaining three bulletins, I highly doubt that days will move past 2006, let alone may 07. Let us wait for 2 more months to see where you are.
Good effort though.
-V
http://immigrationvoice.org/forum/1049939-post209.html
Sachug22,
While I would love for your prediction to be true for the remaining three bulletins, I highly doubt that days will move past 2006, let alone may 07. Let us wait for 2 more months to see where you are.
Good effort though.
-V
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cygent
12-19 05:06 PM
All,
I have created DIGG article for this, Please digg it.
http://digg.com/business_finance/How_to_Solve_the_Housing_Crisis_Let_in_More_Immigr ants_to_B_2
Add this/your comment that involve the backlogged legal community already working in the USA, instead of more H1's. Thank you!
******
Why is Gary looking outside of USA to tap potential home buyers? Just for folks who aren't aware - there are 500,000 high skilled legal immigrant already in USA who are waiting in queue for numbers of years to get their Permanent Residency. Thanks to the limited visa availability based on country chargeability (birth of applicant) and inefficiency of immigration system, these highly skilled, tax paying and law abiding immgrants are waiting for their Green Card (Permanent residency). Some of them have studied here, worked here for years and US is almost a second home to them. They are sitting on pile of cash, Yes - PILE OF HARD CASH. They wouldn't buy house or any big ticket items until they get Green card. Why not give these people, who are already part of our system, conditional Permanent Residency who buy houses. This will also get us immediately required cash and home inventory will go down as much as 300K at minimum. P.S. I AM TALKING ABOUT HIGH SKILLED LEGAL IMMGRANTS AND NOT ABOUT ILLEGAL IMMIGRANTS.
I have created DIGG article for this, Please digg it.
http://digg.com/business_finance/How_to_Solve_the_Housing_Crisis_Let_in_More_Immigr ants_to_B_2
Add this/your comment that involve the backlogged legal community already working in the USA, instead of more H1's. Thank you!
******
Why is Gary looking outside of USA to tap potential home buyers? Just for folks who aren't aware - there are 500,000 high skilled legal immigrant already in USA who are waiting in queue for numbers of years to get their Permanent Residency. Thanks to the limited visa availability based on country chargeability (birth of applicant) and inefficiency of immigration system, these highly skilled, tax paying and law abiding immgrants are waiting for their Green Card (Permanent residency). Some of them have studied here, worked here for years and US is almost a second home to them. They are sitting on pile of cash, Yes - PILE OF HARD CASH. They wouldn't buy house or any big ticket items until they get Green card. Why not give these people, who are already part of our system, conditional Permanent Residency who buy houses. This will also get us immediately required cash and home inventory will go down as much as 300K at minimum. P.S. I AM TALKING ABOUT HIGH SKILLED LEGAL IMMGRANTS AND NOT ABOUT ILLEGAL IMMIGRANTS.
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raydon
08-16 10:14 AM
What's the big deal about Shahrukh Khan getting interrogated? One of the top Malayali actors Mammooty had to go through the same experience because of his Muslim name, but he didn't make a big deal about it. Security procedures need to be followed, whether you are Shahrukh Khan or anyone else.
more...
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aranya
12-14 03:26 PM
Short answer - The (30000-9800) British applicatications have to wait for 2010.
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acecupid
07-16 06:50 PM
This whole thread is speculation, your basic assumption itself is wrong. The horizonal spill over is not a permanent policy or trend which will be practised. You should read the INA law clearly. But if this speculation makes you happy, enjoy! :)
more...
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samay
07-23 08:18 AM
Dear Attorney,
I was hoping you could help or answer this question.
My GC was approved last month after a very long wait time. Currently I am working for company B on EAD (not the GC filing employer). The question I had was can I continue to work for company B on a part time basis and join company A (GC filling employer).
Company A has a 9 month probation period I am worried if i quiet company B and company A fire me later then I will be with out job.
So I can work for company A (GC filing employer) full time and at the same time work part time with company B.
So this way if company A does fire me during probation period I continue with company B on full time basis.
Is this ok will it come to haunt me when I file for citizenship?
Thanks
Dev.
Go ahead.
I was hoping you could help or answer this question.
My GC was approved last month after a very long wait time. Currently I am working for company B on EAD (not the GC filing employer). The question I had was can I continue to work for company B on a part time basis and join company A (GC filling employer).
Company A has a 9 month probation period I am worried if i quiet company B and company A fire me later then I will be with out job.
So I can work for company A (GC filing employer) full time and at the same time work part time with company B.
So this way if company A does fire me during probation period I continue with company B on full time basis.
Is this ok will it come to haunt me when I file for citizenship?
Thanks
Dev.
Go ahead.
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alien2006
08-30 03:09 PM
I would suggest checking out www.canadaimmigrants.com and other such websites before plunging into Canada. A good idea is also to check out monster.ca for your job situation. I checked that as well as monsterindia. Guess what, there were 50 times more jobs in India than in Canada (at least in IT). After a lot of debate we have decided to stick in the US through this entire GC process. If it fails, we go back to India where we are with our family as well as have good job prospects. If the intent to immigrate to the US continues, we will try to come here again and restart the GC process.
Almost all the people I know who have or want to go to Canada, don't really want to live there more than 3 years. They just want their citizenship and then want to move back to the US. So I don't see the point of living in yet another country and besides I hate the cold. Just another point of view.
Almost all the people I know who have or want to go to Canada, don't really want to live there more than 3 years. They just want their citizenship and then want to move back to the US. So I don't see the point of living in yet another country and besides I hate the cold. Just another point of view.
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ganguteli
04-01 11:06 PM
As long as we are not citizens of USA showing interest in Indian politics is ok. I would say even after becoming citizens it is ok since we are connecting to our country of birth/origin. If someone wants to discuss Burma or China, they can also do that.
We are immigrants and still are nostalgic to our India. Nothing wrong in it.
Now tell me, at home do you only discuss immigration with your wife and kids just because you do not have a greencard and are obsessed with it? or do you only discuss work in your office just because you are at work and office is for work? Don't you joke around, have a fun time etc at work too? or do you just send a rude email in big red letters to your CEO saying please delete my name from your payroll because someone in my office is discussing something other than work and I am offended.
We are immigrants and still are nostalgic to our India. Nothing wrong in it.
Now tell me, at home do you only discuss immigration with your wife and kids just because you do not have a greencard and are obsessed with it? or do you only discuss work in your office just because you are at work and office is for work? Don't you joke around, have a fun time etc at work too? or do you just send a rude email in big red letters to your CEO saying please delete my name from your payroll because someone in my office is discussing something other than work and I am offended.
sidbee
01-14 01:49 PM
V true.
Folks, the memo clearly empowers USCIS to crack down on consulting firms which don't have any in-house infrastructure (other than contractors) to execute projects.
H1B is misused for a long time now by these firms and it was high time they put the screws on these "job shops" as they call it. Unfortunately some talented workers will get impacted.
But if they are talented they will find opportunities elsewhere. Trust me on that. And better opportunities.
Nathan is exactly right. These firms have created a mess by bending rules everywhere.
Don't start speculating that USCIS is trying to throw out all immigrants from this country. I'm surprised that folks don't take a proper view of the situation (yeah..bring the reds on and call me an anti-immigrant).
At-least somebody is talking sense.
I think, USCIS is taking the correct steps to prevent the misuse of the H1B Program.
Folks, the memo clearly empowers USCIS to crack down on consulting firms which don't have any in-house infrastructure (other than contractors) to execute projects.
H1B is misused for a long time now by these firms and it was high time they put the screws on these "job shops" as they call it. Unfortunately some talented workers will get impacted.
But if they are talented they will find opportunities elsewhere. Trust me on that. And better opportunities.
Nathan is exactly right. These firms have created a mess by bending rules everywhere.
Don't start speculating that USCIS is trying to throw out all immigrants from this country. I'm surprised that folks don't take a proper view of the situation (yeah..bring the reds on and call me an anti-immigrant).
At-least somebody is talking sense.
I think, USCIS is taking the correct steps to prevent the misuse of the H1B Program.
acecupid
08-15 10:22 AM
Collin Powell incident is America's problem. Even after the civil rights movement and equality to Blacks, they are still having discrimination. Just ask Black people in America and how they feel in their daily life.
So according to you by coming to America we should forget India because you will call us traitor? Have you heard how Jews in America are so strong and care for Israel even after becoming US citizens?
The fact is Indians are responsible for their own problems and greencard woes. They want to live in this sorry state and blame everyone else around them except themselves. They do not have any pride in their roots and thus flee their own country. They do not come to this country for betterment of their skills, education and experience but because they want to flee the country. There maybe exceptions but this is what I have seen in Indians who are on H1B or who have become US Citizens.
Why is your profile info empty ? Have you forgotten your motherland or where you came from ?
So according to you by coming to America we should forget India because you will call us traitor? Have you heard how Jews in America are so strong and care for Israel even after becoming US citizens?
The fact is Indians are responsible for their own problems and greencard woes. They want to live in this sorry state and blame everyone else around them except themselves. They do not have any pride in their roots and thus flee their own country. They do not come to this country for betterment of their skills, education and experience but because they want to flee the country. There maybe exceptions but this is what I have seen in Indians who are on H1B or who have become US Citizens.
Why is your profile info empty ? Have you forgotten your motherland or where you came from ?