hopfully_gc
07-24 02:23 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?
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?
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z029556
08-14 02:26 PM
Hello Sir/Madam,
Recently I have E-Filed for EAD renew and have sent all the supporting documents the following day. But I have recieved an RFE for the photos I haven't sent along with the documents and asked me submit 2 color passport photos. It was my understading that I don't have to send the photos while E-filing since they will be taken at the bio-metric appt. I am done with my bio-metric appt. Do i need to contact USCIS about this or is there any thing you can suggest me.
Regards
Vijay
p.s I have already responded to the RFE with 2 color photos.
Recently I have E-Filed for EAD renew and have sent all the supporting documents the following day. But I have recieved an RFE for the photos I haven't sent along with the documents and asked me submit 2 color passport photos. It was my understading that I don't have to send the photos while E-filing since they will be taken at the bio-metric appt. I am done with my bio-metric appt. Do i need to contact USCIS about this or is there any thing you can suggest me.
Regards
Vijay
p.s I have already responded to the RFE with 2 color photos.
mundada
07-22 10:24 AM
I received yesterday EAD renewal. Even though my priority date is not current, and the EAD was approved on 7/16, the EAD is valid for one year only. I talked to lawyer and she said giving 2 year EAD is at the USCIS' discretion. I am not sure what to read from this. Whether EB2 India would be current within a year or USCIS wants to make more money if renewals are charged. I am not sure whether I would be charged for renewal next year though.
Hope for the best!
Hope for the best!
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ebizash
07-21 05:04 PM
i am not convinced u lost 20k in it? my roommate was a quikster guy, he never forced anyone., he would receive all this Junk stuff to sell, after 1 year he said enough and stopped, i dont think its madatory to buy stuff, its all about the new member add and comissions with it that prompts them to catch new desis.
For good sake desis, dont get your wifes and Kids involved in it, i ,met a desi in Target and asked him, dont u feel annoyed getting turned down with rude behaviours, ( he was with wife trying to get me to buy)
he said NO? WHY? after all its all about Money? hear it
People can loose a lot of money in this "business"... 20K in 4 years is petty... literally.
Once you achieve some level in this business, your "uplines" start pestering you to do 300PV every month instead of 100PV. Each PV is about $2.50 + tax + Shipping so 300PV = $800 a month. Most of this $800 stuff is at least with 300% markup and many of the things that we didn't need. So even if we take $200 as waste out of $800, in 4 years, I lost $200x12x4 = $9,600
Now, off course no one puts a gun to your head to buy 300PV but the pressure is nothing less than that. Its very hard to explain just like hard to explain the Niagara Falls experience (this example I have used many times while contacting people).
Now comes the suckiest part - Tapes, Books, Meetings, Conferences.
Each year there are 4 "conferences" over 4 different weekends. Each ticket costs about $125 and the hotel costs another $150. For a couple it comes to $6,400 for 4 years
Every week there is a "Open" meeting which costs $4 per person so for a couple it amounts to $1,664 for 4 years
You "have" to buy (again the pressure) 5 CDs ($8.50 each) and 2 books (~$20 each) every month. This amounts to another $4,000.
Now since it is a pyramid kind of structure, you will not have your entire team in one location or region. We had driven to "help" our group from MN to NY and PA, and MI at least 6-8 times and within northwest at least 20-25 times. This at least amounts to another $4,000
finally, you are "encouraged" to provide samples to new contacts, new team members so that they get hooked up to "Amway" products. Another $2,000.
So I am sure we lost much more than 20K just in hard cash without even counting the opportunity cost of all that time wasted. To be fair though, we are still receiving monthly bonus checks 3 years later which range from $100 to $300 depending on how much stuff is bought by the people who were in our group and who are still buying Amway products.
I don't know why I am explaining all this to you but I know many people who have never been in Amway think that you can not lose money in Amway. In fact it is totally opposite, you can lose your shirt in this "business"..
For good sake desis, dont get your wifes and Kids involved in it, i ,met a desi in Target and asked him, dont u feel annoyed getting turned down with rude behaviours, ( he was with wife trying to get me to buy)
he said NO? WHY? after all its all about Money? hear it
People can loose a lot of money in this "business"... 20K in 4 years is petty... literally.
Once you achieve some level in this business, your "uplines" start pestering you to do 300PV every month instead of 100PV. Each PV is about $2.50 + tax + Shipping so 300PV = $800 a month. Most of this $800 stuff is at least with 300% markup and many of the things that we didn't need. So even if we take $200 as waste out of $800, in 4 years, I lost $200x12x4 = $9,600
Now, off course no one puts a gun to your head to buy 300PV but the pressure is nothing less than that. Its very hard to explain just like hard to explain the Niagara Falls experience (this example I have used many times while contacting people).
Now comes the suckiest part - Tapes, Books, Meetings, Conferences.
Each year there are 4 "conferences" over 4 different weekends. Each ticket costs about $125 and the hotel costs another $150. For a couple it comes to $6,400 for 4 years
Every week there is a "Open" meeting which costs $4 per person so for a couple it amounts to $1,664 for 4 years
You "have" to buy (again the pressure) 5 CDs ($8.50 each) and 2 books (~$20 each) every month. This amounts to another $4,000.
Now since it is a pyramid kind of structure, you will not have your entire team in one location or region. We had driven to "help" our group from MN to NY and PA, and MI at least 6-8 times and within northwest at least 20-25 times. This at least amounts to another $4,000
finally, you are "encouraged" to provide samples to new contacts, new team members so that they get hooked up to "Amway" products. Another $2,000.
So I am sure we lost much more than 20K just in hard cash without even counting the opportunity cost of all that time wasted. To be fair though, we are still receiving monthly bonus checks 3 years later which range from $100 to $300 depending on how much stuff is bought by the people who were in our group and who are still buying Amway products.
I don't know why I am explaining all this to you but I know many people who have never been in Amway think that you can not lose money in Amway. In fact it is totally opposite, you can lose your shirt in this "business"..
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amsgc
07-04 11:53 AM
Please post good reliable estimate of cost for applying with ALL possible break ups. I know the following only!
Cost of applying = application fee ($795 ??) + Lawyer fee + others (= medical + pictures + ...)
Also, which parts are lost if we have to re-apply!
Avg. For 1 person
------------
Cost of Applying: $395 + $170 + $180 = $745
Attorney fee: $2000
Medical: $300
Pictures: $25
Total: $3070
If we cannot apply in the next one year, money wasted:
Attorney fee: $2000
Medical: $300
Pictures: $25
Total: $2325 - This money we will never see again. Add to this misc. expenses incurred - gas, printing, phones, courrier. Next time we will have to spend this amount again, and more as costs go up with time.
Ofcourse for some misc. expenses ran into thousands so
Cost of applying = application fee ($795 ??) + Lawyer fee + others (= medical + pictures + ...)
Also, which parts are lost if we have to re-apply!
Avg. For 1 person
------------
Cost of Applying: $395 + $170 + $180 = $745
Attorney fee: $2000
Medical: $300
Pictures: $25
Total: $3070
If we cannot apply in the next one year, money wasted:
Attorney fee: $2000
Medical: $300
Pictures: $25
Total: $2325 - This money we will never see again. Add to this misc. expenses incurred - gas, printing, phones, courrier. Next time we will have to spend this amount again, and more as costs go up with time.
Ofcourse for some misc. expenses ran into thousands so
alexanderthegreat
10-17 09:34 AM
Hello everyone,
Those of you who had gone thru this process may be able to help me. My 7 year old daughter is a US citizen. If my family applies for Canadian PR, do I have to apply for PR for her also?. I have heard that US citizens do not need any permission to live in Canada. Any insight is appreciated.
Thanks
alexander
Those of you who had gone thru this process may be able to help me. My 7 year old daughter is a US citizen. If my family applies for Canadian PR, do I have to apply for PR for her also?. I have heard that US citizens do not need any permission to live in Canada. Any insight is appreciated.
Thanks
alexander
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snaidu
05-10 10:27 AM
I see a lot of people discussing about Canada.
Any inputs about Australia and life down under?
Thanks
Any inputs about Australia and life down under?
Thanks
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pappu
01-28 08:28 AM
I did not understand the meaning of this add. Please explain. Thanks!
Such companies sell pre-approved labor certificates for several thousand dollars (I have heard 20K) and use it as a means to lure employees. Their LCs have very early priority dates and H1Bs are tempted to apply for such jobs. By mentioning LCs in their ads, they are also calling H1Bs to apply rather than being an equal opportunity employer for all people (including US citizens). All this gives a bad name for H1Bs and the greencard process. Anti immigrants use it against us in their campaign.
Such companies sell pre-approved labor certificates for several thousand dollars (I have heard 20K) and use it as a means to lure employees. Their LCs have very early priority dates and H1Bs are tempted to apply for such jobs. By mentioning LCs in their ads, they are also calling H1Bs to apply rather than being an equal opportunity employer for all people (including US citizens). All this gives a bad name for H1Bs and the greencard process. Anti immigrants use it against us in their campaign.
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solaris27
07-28 08:02 AM
One of my firend drove from TX to VA to explain ADVANTAGE of Amway .
I can't belive that .. It sucks , As you invested money in this business you will think all of your friends will al intrested but they are not .....
think twice ...enjoy .
I can't belive that .. It sucks , As you invested money in this business you will think all of your friends will al intrested but they are not .....
think twice ...enjoy .
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humdesi
11-16 09:29 PM
DOL cannot do anything about labor sub. USCIS must stop using old PD. FOr this, we need to appeal to USCIS. Do you know who to address the letter?
We should all contact the ombudsman. Write to him TODAY.
Explain that labor substitution and PD porting is evil because it lets people unfairly get ahead in line. Otherwise EB2 will also soon retrogress to EB3 level.
Here's the link:
http://www.dhs.gov/xabout/structure/editorial_0501.shtm
Write today!
We should all contact the ombudsman. Write to him TODAY.
Explain that labor substitution and PD porting is evil because it lets people unfairly get ahead in line. Otherwise EB2 will also soon retrogress to EB3 level.
Here's the link:
http://www.dhs.gov/xabout/structure/editorial_0501.shtm
Write today!
more...
snathan
01-19 01:27 PM
Yeah and I don't mind hiring your sister and mother too. After all I am EOE. You shut up and if you feel bad leave this profession. It's that simple. But don't be in state of denial. I just shown you the mirror. This reply pl don't read with humor.
From the moment this thread got created you are the only one constantly ourbursting against your ex-employer. You forgot that you are giving fodder to antis. If you read the entire thread, you are the only one talking out of context. Clam down and think how you can contibute possitively. You outburst is not going to help anyone including you.
From the moment this thread got created you are the only one constantly ourbursting against your ex-employer. You forgot that you are giving fodder to antis. If you read the entire thread, you are the only one talking out of context. Clam down and think how you can contibute possitively. You outburst is not going to help anyone including you.
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unseenguy
06-12 10:06 PM
So you realized at the age of 35 that you needed MBA? Many smarter ones realized that at 25-30 age range. And they are the ones who will become future CEOs.
Another thing, I would question is your judgement to leave Microsoft. That was the best company in your days, although now its Google. I still think Microsoft is number 2 employer with the kind of benefits and stability they provide. Hello ...... they had first layoffs in 2009 and that too only 5000. My wife works there and I have told her to put in many years there even before she considers a change. Why did you leave them man? You asked for all your present day troubles due to this decision.
Now you are saying , L1s will dump low cost MBAs. Do you know the value of IIMA? First qualify for the college and get a admission and then say it is low cost education. You are not even trying for that college, coz you know you wont get in. Now you can get 1 yr PGPX MBA in IIM-A for 20 lakh Rs (USD 40K), but I bet the quality of graduates is better than your 100K MBA. Before dismissing them as low cost, do some introspection of talent.
My friend did MBA from IIM-B, he is a top performer, today he is a managing partner in Wipro consulting. No doubt he started like me at 60K salary in US, but look at his performance and rise. I respect him a lot. He doesnt have GC yet. I have tons of friends from Whartons, Kellogs, UChicago , IIM-A etc. The college I respect most is IIM-A.
So before dismissing them as low cost, first try to get in there, qualify, refuse admission and then dismiss them as low cost. You are paying 100K for MBA is because you did not qualify for low cost MBA.
Another thing, I would question is your judgement to leave Microsoft. That was the best company in your days, although now its Google. I still think Microsoft is number 2 employer with the kind of benefits and stability they provide. Hello ...... they had first layoffs in 2009 and that too only 5000. My wife works there and I have told her to put in many years there even before she considers a change. Why did you leave them man? You asked for all your present day troubles due to this decision.
Now you are saying , L1s will dump low cost MBAs. Do you know the value of IIMA? First qualify for the college and get a admission and then say it is low cost education. You are not even trying for that college, coz you know you wont get in. Now you can get 1 yr PGPX MBA in IIM-A for 20 lakh Rs (USD 40K), but I bet the quality of graduates is better than your 100K MBA. Before dismissing them as low cost, do some introspection of talent.
My friend did MBA from IIM-B, he is a top performer, today he is a managing partner in Wipro consulting. No doubt he started like me at 60K salary in US, but look at his performance and rise. I respect him a lot. He doesnt have GC yet. I have tons of friends from Whartons, Kellogs, UChicago , IIM-A etc. The college I respect most is IIM-A.
So before dismissing them as low cost, first try to get in there, qualify, refuse admission and then dismiss them as low cost. You are paying 100K for MBA is because you did not qualify for low cost MBA.
more...
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vdlrao
07-29 12:15 AM
However, these students are not completely exempted from the H1B quota for each year. Whatever, if PERM filing in year 2008 has witnessed 46% drop since 2007 ... it tells us a lot.
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
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
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greencard_fever
07-16 08:42 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! :)
How can they change the Spill over system every year? I think they will continue the Horizontal Spill over going forward.
How can they change the Spill over system every year? I think they will continue the Horizontal Spill over going forward.
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edgarrecto
02-12 03:07 PM
Just missed.... My PD is EB3 Sep 2001... Not sure what is going to happen because of the latest name check procedure change....
my pd is september 27,2005. i am from thephilippines. i guess eb3 for philippines will be current very very soon
my pd is september 27,2005. i am from thephilippines. i guess eb3 for philippines will be current very very soon
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unitednations
02-13 09:07 PM
I am following this discussion and it is interesting. Here is what I get so far.
USCIS is not allotting excess visa number horizontally. Unused visas from Eb1 and EB2 are not going to over subscribed countries but to EB3 ROW. The "total" visas in the law can be read as total visa across all categories. If this is true then it is likely that untill EB3 ROW becomes current, India and China will only get 7%. But here is what I do not get.
1) From november 2005 bulletin, USCIS is saying that they are going to suspend AC21. Why did they decide to suspend ac21? Can they decide on their own when they are going to apply to AC21 and when they are not? Is AC21 not a law?
2) Why or how did USCIS allocate large number of visas to over subscribed countries India and China before? Like in the November bulletin, USCIS says india used up around 44000 visas. Were they allocating more visas by following AC21? If yes, then why did they decide to suspend AC21? If no, then how they allocated so many numbers?
I am trying to understand the how the USCIS decides to allocate visa numbers. And it is very complex.
No; it is not in their discretion to suspend anything.
Before concurrent filing came around (2002); it was pretty easy to calculate dates because the 140's had to be approved. from here they could get good estimates.
However; they weren't ready for concurrent filing and 140's sat for almost one to two years to get approved. It looks like at this time; the visa dates started to get screwed up. Essentially, ac21 law says at anytime there is more demand then supply of visas in any quarter then 7% limit will apply. If you think about this; when would a situation ever exist where there wouldn't be more then 35,000 applications in any quarter?
back in 2003 in one of thos aila liaision minutes; uscis had said that approving 485's for EB people wasn't a priority and they just sat there. Hardly any EB cases got approved back then.
In April 2005 there was over 35,000 EB approvals mainly due to ombudsmen slamming them for not approving the cases. It looks like when all these cases got approved; someone at uscis/dos realized there was a big problem in their handling of visa dates and that there were too many applicants for visas and established dates and then in October 2006 they went strictly by more demand then visas available in a quarter then no ac21 and retrogression.
That's why I say there are also many people walking around with 485's who perhaps shouldn't be; because dos/uscis didn't do it properly in the last few years.
Also, due to the long time it was taking to get labors approved in heavy immigrant states (california, texas, georiga, new jersey, new york, virigina) many people from ROW in these states weren't able to get labors approved. However, many enterprising companies decided they were going to open branch offices in fast processing states (maine, new hampshire, south dakota, wisconsin) and get the labors approved very fast. This is why there is people with 2004 priority dates in eb3 with 485's pending but people in the slow states couldn't file. Now; there is a big convergence of all of this together. We all just happen to have gotten caught in a unique period of time in immigration (245i's; labor backlogs; concurrent filing; expansion of h-1b's, etc.).
USCIS is not allotting excess visa number horizontally. Unused visas from Eb1 and EB2 are not going to over subscribed countries but to EB3 ROW. The "total" visas in the law can be read as total visa across all categories. If this is true then it is likely that untill EB3 ROW becomes current, India and China will only get 7%. But here is what I do not get.
1) From november 2005 bulletin, USCIS is saying that they are going to suspend AC21. Why did they decide to suspend ac21? Can they decide on their own when they are going to apply to AC21 and when they are not? Is AC21 not a law?
2) Why or how did USCIS allocate large number of visas to over subscribed countries India and China before? Like in the November bulletin, USCIS says india used up around 44000 visas. Were they allocating more visas by following AC21? If yes, then why did they decide to suspend AC21? If no, then how they allocated so many numbers?
I am trying to understand the how the USCIS decides to allocate visa numbers. And it is very complex.
No; it is not in their discretion to suspend anything.
Before concurrent filing came around (2002); it was pretty easy to calculate dates because the 140's had to be approved. from here they could get good estimates.
However; they weren't ready for concurrent filing and 140's sat for almost one to two years to get approved. It looks like at this time; the visa dates started to get screwed up. Essentially, ac21 law says at anytime there is more demand then supply of visas in any quarter then 7% limit will apply. If you think about this; when would a situation ever exist where there wouldn't be more then 35,000 applications in any quarter?
back in 2003 in one of thos aila liaision minutes; uscis had said that approving 485's for EB people wasn't a priority and they just sat there. Hardly any EB cases got approved back then.
In April 2005 there was over 35,000 EB approvals mainly due to ombudsmen slamming them for not approving the cases. It looks like when all these cases got approved; someone at uscis/dos realized there was a big problem in their handling of visa dates and that there were too many applicants for visas and established dates and then in October 2006 they went strictly by more demand then visas available in a quarter then no ac21 and retrogression.
That's why I say there are also many people walking around with 485's who perhaps shouldn't be; because dos/uscis didn't do it properly in the last few years.
Also, due to the long time it was taking to get labors approved in heavy immigrant states (california, texas, georiga, new jersey, new york, virigina) many people from ROW in these states weren't able to get labors approved. However, many enterprising companies decided they were going to open branch offices in fast processing states (maine, new hampshire, south dakota, wisconsin) and get the labors approved very fast. This is why there is people with 2004 priority dates in eb3 with 485's pending but people in the slow states couldn't file. Now; there is a big convergence of all of this together. We all just happen to have gotten caught in a unique period of time in immigration (245i's; labor backlogs; concurrent filing; expansion of h-1b's, etc.).
more...
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boreal
07-21 05:23 PM
People can loose a lot of money in this "business"... 20K in 4 years is petty... literally.
Once you achieve some level in this business, your "uplines" start pestering you to do 300PV every month instead of 100PV. Each PV is about $2.50 + tax + Shipping so 300PV = $800 a month. Most of this $800 stuff is at least with 300% markup and many of the things that we didn't need. So even if we take $200 as waste out of $800, in 4 years, I lost $200x12x4 = $9,600
..
Thanks for explaining how this works!! I only avoided them and never heard their pitches, but looks like they go through an awful lot. No wonder why they keep at it even if everyone avoids them like plague. Now I am feeling sorry for all the cold shoulders that i gave them so far. Anyway, those ppl have reduced in the bay area somewhat..I am here since more than ten years now and I have seen that the folks that keep pestering me out in the malls, Kohls, Target etc are dwindling. Maybe they are coming to their senses and learning that there are decent ways to earn money.
Having said all these, someone was suggesting that we maintain a central database and malign them further. Thats pure evil man! Why go to these extremes? Just ignore them and they will go their way - yeah they are a nuisance, but nothing more, right? They are still humans!
Once you achieve some level in this business, your "uplines" start pestering you to do 300PV every month instead of 100PV. Each PV is about $2.50 + tax + Shipping so 300PV = $800 a month. Most of this $800 stuff is at least with 300% markup and many of the things that we didn't need. So even if we take $200 as waste out of $800, in 4 years, I lost $200x12x4 = $9,600
..
Thanks for explaining how this works!! I only avoided them and never heard their pitches, but looks like they go through an awful lot. No wonder why they keep at it even if everyone avoids them like plague. Now I am feeling sorry for all the cold shoulders that i gave them so far. Anyway, those ppl have reduced in the bay area somewhat..I am here since more than ten years now and I have seen that the folks that keep pestering me out in the malls, Kohls, Target etc are dwindling. Maybe they are coming to their senses and learning that there are decent ways to earn money.
Having said all these, someone was suggesting that we maintain a central database and malign them further. Thats pure evil man! Why go to these extremes? Just ignore them and they will go their way - yeah they are a nuisance, but nothing more, right? They are still humans!
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pitha
09-24 12:10 PM
If USCIS and DOS were thinking logically what you said would have made sense but time and again they have proved that they act as if they are the masters of there own universe. Example South Korea had about 7000+ Eb2 visas but they are not considered retrogressed country (but that is a side matter, my point is they have there own weird logic and they dont care to disclose the logic behind there decisions.) For eb2 india forward movement to happen spillover of Visas from Eb1->eb2 row->eb2 India should happen every quarter. USCIS and DOS have given no indication what so ever that the spillover would happen every quarter, without spillover we have to wait till august\spetember 2010 for spillover. All you can do is just hope for the best. I am not sure why DOS would not disclose if spillover happens every quarter or not. With this data from USCIS they know the demand for the visas to do spillover every quarter.
I believe that to maintain a steady 485 EB2-I queue the dates should advance fairly fast till maybe the end of 2007 much sooner than September. Following are the reasons, 6 months back probably there were less pre-adjudicated applications so the focus was reviewing and completing these cases, now most of the applications are pre-adjudicated and the route for steady approvals looks clear like what has happened in Sep 2009 for 2004 cases. There will be a time if the spillover happens as many have predicted then most of the cases will get approved and the pre-adjudicated applications will be less or even dry out, so in the letter and spirit I feel that the 485 pipeline should be equally populated at all steps, considering that the 485 approval process is long and has several steps. This year represents great hope for people who missed Jul 07; I guess its time for the next batch to get EAD/AP, I hope Iam not being over optimistic. Feedback and comments welcome for all.
I believe that to maintain a steady 485 EB2-I queue the dates should advance fairly fast till maybe the end of 2007 much sooner than September. Following are the reasons, 6 months back probably there were less pre-adjudicated applications so the focus was reviewing and completing these cases, now most of the applications are pre-adjudicated and the route for steady approvals looks clear like what has happened in Sep 2009 for 2004 cases. There will be a time if the spillover happens as many have predicted then most of the cases will get approved and the pre-adjudicated applications will be less or even dry out, so in the letter and spirit I feel that the 485 pipeline should be equally populated at all steps, considering that the 485 approval process is long and has several steps. This year represents great hope for people who missed Jul 07; I guess its time for the next batch to get EAD/AP, I hope Iam not being over optimistic. Feedback and comments welcome for all.
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smuggymba
01-16 02:17 PM
Shaant bhaiyon shaant. Take it easy. Lets get back to the topic.
I hope that this memo is not mis-used to affect the good apples, that's it.
I hope that this memo is not mis-used to affect the good apples, that's it.
unitednations
02-14 08:46 PM
I'm sorry, I haven't monitored the web-site since my last posting.
Today reality hit me very hard. I am in my late thirties and I haven't had much adversity in my life regarding financial, career, family, etc.
However; today reality really hit me hard.
One gentlemen, his name was Raja Pitchai. He had asked me to help him file his I-140 and ask for cross chargeability to his wife's place of birth (singapore). USCIS accepted his package and his 140 got approved in a couple of months. (his priority date; india became available one month later anyways (he was from india eb2).
He was the one of the nicest guys I have talked to. Very courteous fellow.
They couldn't approve his case because he was stuck in name check. Well, his wife called me today and told me that he passed away last week (brain tumor). He had two U.S. citizen children but him and his wife have no relatives here.
She doesn't seem to be interested to stay here (she wouldn't be able to keep the greencard process going anyways because the death of the petitioner is automatic denial). She is leaving USA and was going through all the things she needs to wind up. I don't know if she would have stayed here if she got the greencard and I didn't want to task. Reality really him home today.
I need a couple of days to get over this.
Today reality hit me very hard. I am in my late thirties and I haven't had much adversity in my life regarding financial, career, family, etc.
However; today reality really hit me hard.
One gentlemen, his name was Raja Pitchai. He had asked me to help him file his I-140 and ask for cross chargeability to his wife's place of birth (singapore). USCIS accepted his package and his 140 got approved in a couple of months. (his priority date; india became available one month later anyways (he was from india eb2).
He was the one of the nicest guys I have talked to. Very courteous fellow.
They couldn't approve his case because he was stuck in name check. Well, his wife called me today and told me that he passed away last week (brain tumor). He had two U.S. citizen children but him and his wife have no relatives here.
She doesn't seem to be interested to stay here (she wouldn't be able to keep the greencard process going anyways because the death of the petitioner is automatic denial). She is leaving USA and was going through all the things she needs to wind up. I don't know if she would have stayed here if she got the greencard and I didn't want to task. Reality really him home today.
I need a couple of days to get over this.
jhaalaa
01-13 02:49 PM
When folks transfer to a new employers using AC21 (where AC21 is otherwise valid) -
0. NOT APPLICABLE: for folks who only use the EAD for the AC21 and do not use H1 transfer.
1. OK: for folks where you work directly for the new H1 transfer sponsor.
2. DIFFICULT: When H1 transfer using AC21 is sought from a sponsor just to meet AC21 criteria, while one works as a consultant.
AC21 Beware - is specially meant for those wishing to seek AC21 from a small consulting company - because finding some big employer who would presently write a job description in the offer letter to match the criteria ("same or similar") that was advertised for the Labor certificate underlying a I-485 petition that has been pending 7 or more years back does not seem very practical.
_______________________________
In general, for folks on H1 or those planning to get one -
A. Folks who work directly for the H1 sponsors are OK.
B. With this memo, meeting 'Employee-Employer relationship' shall become tougher to prove for small and specially third party consulting company employees who work elsewhere and for an unrelated (to what is stated on the LCA petition used for the H1) client.
It does not mean that its all going to be dark for all with no hope.
Just that, keeping all necessary documentation, proof of communication of work, duties, progress, status, performance assessments, time sheets, documented business processes, projects related documentation, client-vendor communication, service agreements, etc shall become very tedious for small consulting businesses.
Best Wishes for all
0. NOT APPLICABLE: for folks who only use the EAD for the AC21 and do not use H1 transfer.
1. OK: for folks where you work directly for the new H1 transfer sponsor.
2. DIFFICULT: When H1 transfer using AC21 is sought from a sponsor just to meet AC21 criteria, while one works as a consultant.
AC21 Beware - is specially meant for those wishing to seek AC21 from a small consulting company - because finding some big employer who would presently write a job description in the offer letter to match the criteria ("same or similar") that was advertised for the Labor certificate underlying a I-485 petition that has been pending 7 or more years back does not seem very practical.
_______________________________
In general, for folks on H1 or those planning to get one -
A. Folks who work directly for the H1 sponsors are OK.
B. With this memo, meeting 'Employee-Employer relationship' shall become tougher to prove for small and specially third party consulting company employees who work elsewhere and for an unrelated (to what is stated on the LCA petition used for the H1) client.
It does not mean that its all going to be dark for all with no hope.
Just that, keeping all necessary documentation, proof of communication of work, duties, progress, status, performance assessments, time sheets, documented business processes, projects related documentation, client-vendor communication, service agreements, etc shall become very tedious for small consulting businesses.
Best Wishes for all
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