chmur
07-27 06:09 PM
otherwise society would have have no use for lawyers....who make a living making interpretation of the existing laws.
Anyway, the current discussion is not even about the law but about the different interpretations of the same law . The Visa Bulletin extract also provided yet another interpretation by the same authority.
The Law/Directions from the congress regarding spill over distribution has not changed in over 5 years but it's interpretation and implementation by DOS has changed drastically in the same period.
They have gone "Vertical" to "Horizontal" and probably will somersault next .
2006 -2007 saw EB3 getting lion share of the spill over EB2. It is being reversed now, all without change in any laws/directions from congress.
This year's interpretation cannot be assumed as absolute just because it is favorable to a particular segment of applicants and it is incorrect to opine that any change in such interpretation requires change in law.
All this indicates that congress has given enough leeway to DOS to interpret it's directions , as DOS sees fit to run it's business.
and I think herein lies an oppurtunity for EB3 applicants to state their case and explain if DOS continues with it's current interpretation.
EB3 lobby has to impress upon the DOS that it is in DOS's intrest to not to starve any particular queue lest it will damage it's own throughput.
If convinced , DOS might look at alternative algorithm to mitigate starving within the current directions, atleast we can hope for that.
Now what that mitigation strategy will be within the current laws is known only to DOS. Which algorithm requires law changes... which do not none of us know yet ...everything alternative suggested is speculation based on contradicting interpretations provided by DOS over the years.
Anyway, the current discussion is not even about the law but about the different interpretations of the same law . The Visa Bulletin extract also provided yet another interpretation by the same authority.
The Law/Directions from the congress regarding spill over distribution has not changed in over 5 years but it's interpretation and implementation by DOS has changed drastically in the same period.
They have gone "Vertical" to "Horizontal" and probably will somersault next .
2006 -2007 saw EB3 getting lion share of the spill over EB2. It is being reversed now, all without change in any laws/directions from congress.
This year's interpretation cannot be assumed as absolute just because it is favorable to a particular segment of applicants and it is incorrect to opine that any change in such interpretation requires change in law.
All this indicates that congress has given enough leeway to DOS to interpret it's directions , as DOS sees fit to run it's business.
and I think herein lies an oppurtunity for EB3 applicants to state their case and explain if DOS continues with it's current interpretation.
EB3 lobby has to impress upon the DOS that it is in DOS's intrest to not to starve any particular queue lest it will damage it's own throughput.
If convinced , DOS might look at alternative algorithm to mitigate starving within the current directions, atleast we can hope for that.
Now what that mitigation strategy will be within the current laws is known only to DOS. Which algorithm requires law changes... which do not none of us know yet ...everything alternative suggested is speculation based on contradicting interpretations provided by DOS over the years.
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gxtrader
09-13 01:05 AM
Kudos to late july filers who got good news. Mine was received by F.Heinauer on July 30 11:23 am at NSC.......nothing yet.
nishanttambe
02-14 07:21 PM
Contributed $50.
Receipt No: 4918-8142-6470-4625
Receipt No: 4918-8142-6470-4625
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alterego
12-11 05:05 PM
I feel more H1b visas alone and/or nurses visas only would actually be bad for us. It takes some of the pressure off the senators from the Tech Lobby/healthcare lobby. In fact one of the silver linings in this last week is that nothing at all was done. This is sure to keep the pressure rising in the start of the 110th congress.
more...
FinalGC
09-01 10:58 AM
How am I being a racist? I'm just pointing out the fact that North and South Indians belong to different races and USCIS should stop clubbing them together.
Pooja.......The way you are going, very soon, you will start saying Northeast guys vs MidWest vs Mountain Time people vs...Pacific Time people.......If you continue with this attitude, all you do is DIVIDE, rather than UNITE.....Maybe you need to understand that such comments are considered racists
Pooja.......The way you are going, very soon, you will start saying Northeast guys vs MidWest vs Mountain Time people vs...Pacific Time people.......If you continue with this attitude, all you do is DIVIDE, rather than UNITE.....Maybe you need to understand that such comments are considered racists
kshitijnt
05-12 01:17 AM
The answer is in your question. Numbers. A few years ago (circa 2002-) no one complained much about Indians. Recently the complaints in the media/forums etc. are much higher. Why ? More H1, => more bodyshoppers (mainly India) => more abuse => more complaints and so on.
Also FYI, H1 is "temporary" just like F1. H1 is not a guarantee to GC. So you need to go back after 6 years, since you say F1 should leave after graduation.
Yeah no one else does fraud, another anti Indian in this forum.
Also FYI, H1 is "temporary" just like F1. H1 is not a guarantee to GC. So you need to go back after 6 years, since you say F1 should leave after graduation.
Yeah no one else does fraud, another anti Indian in this forum.
more...
tnite
07-02 12:11 PM
Just called FedEx to find out why mine is not delivered yet. According to her, all USCIS packets remain at local FedEx facility. It seems FedEx will notify USCIS that there are packages to be picked up and they will be picked up by the USCIS agent (mail man??). It seems USCIS dont actually allow packets into their bldg. She says FedEX has no control on when the USCIS agent will come and pick up the package
what was the delivery time?
Mine was supposed to be delivered at 10.30 am via FEDEX but it was delivered to USCIS signed by the mail dept at 9.01 am.
The bulletin was updated between 10.30 and 11 am.I assume USCIS notified all carrier to hold the docs until further notice.
what was the delivery time?
Mine was supposed to be delivered at 10.30 am via FEDEX but it was delivered to USCIS signed by the mail dept at 9.01 am.
The bulletin was updated between 10.30 and 11 am.I assume USCIS notified all carrier to hold the docs until further notice.
2010 Tags: - Star Wars, ACEO,
sayonara
08-20 01:16 PM
Has anyone tried calling the USCIS Texas Center for any updates? If so, can you pls post details/ phone number to call? (are they giving the same standard response of waiting for 90 days etc.)
Thanks.
Thanks.
more...
desi3933
07-09 03:17 PM
Oh yeah. All big time consulting companies must lay off foreign workers then, myself included. My perm was filed as IT programmer, IT consultants job code. So am I not a full time employee of consulting company? Is USCIS fool to approve my I140? Not once but twice!
Two things
1. Consultant can be part of job title and/or duties. Key thing is that job must be permanent and full-time.
2. PERM can only be filed for job that are permanent and full time.
.
Two things
1. Consultant can be part of job title and/or duties. Key thing is that job must be permanent and full-time.
2. PERM can only be filed for job that are permanent and full time.
.
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reddymjm
02-17 12:29 PM
you just completed your payment.
Your transaction ID for this payment is: 5A429240D924xxxxxx.
Your transaction ID for this payment is: 5A429240D924xxxxxx.
more...
Goodintentions
02-05 04:02 PM
Contributed $ 50.00 by cheque. Should reach CA in about 4 days.
Hope all friends will conribute amounts (big or small) enthusiastically! This is a very good chance for us! Let us unite!Thanks!
Hope all friends will conribute amounts (big or small) enthusiastically! This is a very good chance for us! Let us unite!Thanks!
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EADplease
08-27 12:09 AM
My 485 application was sent to TSC on July 24th (received on July 25th). No receipt yet and don't know whether the checks have been cashed or not -- my attorney is enjoying her vacation!
I-140 has been approved at TSC on Aug 15th 2007 (applied mid Feb).
EB2.
I-140 has been approved at TSC on Aug 15th 2007 (applied mid Feb).
EB2.
more...
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GCNaseeb
10-01 06:46 PM
Attorney received all our Receipt Notices today from CSC. Our packet was reached NSC on 7/27. NSC sent the packet to CSC. CSC transferred our I-485 back to NSC on 9/26 as my I-140 was approved from NSC.
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gcwait2007
02-04 09:05 AM
Finally we have decided to go back to India for good. I filed my EB3 in May 2003. Its going to be another 4 years to get the green card. When I went to India for vacation last December, we liked it over there & the economy is booming. There are all sorts of discussion regarding the Economic Gap/Politics/Corruption/Cleanliness. But we like it over there. Finally I will have an option to do something interesting. In US I was very much dependent on my monthly pay check and afraid to take even the slightest risk. I am also scared to use the AC21(Hey, thats the way I am). I am working with the same company for last 10 years, kinda stagnant in the last 4 years. In India, there are lots of choices, either to work for a sw company or start some business on my own. I think I will take the business route.
May be I can go there, earn well, send my son to US for college, do green card through him & come retire in US!!!
Good Luck to everybody!!
What one needs in life is happiness in heart, sense of having lived the life in a satisfied way and contentment.
Living in USA really does not matter, as long as you are able to achieve them in any place.
May be I can go there, earn well, send my son to US for college, do green card through him & come retire in US!!!
Good Luck to everybody!!
What one needs in life is happiness in heart, sense of having lived the life in a satisfied way and contentment.
Living in USA really does not matter, as long as you are able to achieve them in any place.
more...
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pa_arora
06-22 05:16 PM
Get on with sweet talks with him, do whatever he tells u to do (like sign a contract, pay ur GC cost etc). After filing u have an option to change the employer after 6 months and then no employment bond works. He will just ask for money when ur leaving him and if he doesnt give ur salary, talk to him polietly and mention the words 'Dept of Labor' in your conversation.
BTW, I got my wife salary from her employer and one of my friend was also 'bonded' ..got rid of his employer too ...using those words.
My employer is desi consultant too and is very good in such matters, quite helpful. I would recommend him to anyone. Most desi consultants are blood suckers but not all.
Good luck.
BTW, I got my wife salary from her employer and one of my friend was also 'bonded' ..got rid of his employer too ...using those words.
My employer is desi consultant too and is very good in such matters, quite helpful. I would recommend him to anyone. Most desi consultants are blood suckers but not all.
Good luck.
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belmontboy
07-20 02:43 PM
Guys, Please don't fight.
We cannot get far with this EB2 Vs EB3 fight.
We understand EB3's situation, however pitting one against another will not help.
Sanhari: why not take your efforts one step ahead and work for fixes like visa recapture. That would be permanent solution and doesnot favor any particular group. You will be able to get support of EB2 and EB1 folks.
I know IV core is focusing its efforts on CIR. CIR is dead meat or going to be... considering this, is IV core working on any piecemeal reforms? Can somebody from the IV core comment????
We cannot get far with this EB2 Vs EB3 fight.
We understand EB3's situation, however pitting one against another will not help.
Sanhari: why not take your efforts one step ahead and work for fixes like visa recapture. That would be permanent solution and doesnot favor any particular group. You will be able to get support of EB2 and EB1 folks.
I know IV core is focusing its efforts on CIR. CIR is dead meat or going to be... considering this, is IV core working on any piecemeal reforms? Can somebody from the IV core comment????
more...
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paskal
07-08 09:40 PM
140K GCs are available on Oct 1. But, dates are not current. Based on this, there appears to be a law that prevents USCIS from recieving ALL AOSs. I am guessing that this law specifies a cap on AOSs that USCIS can recieve from lawyers. (This is why I am keen on knowing conditions for setting dates in VB)
The following argues that it is hard for this cap to reach exactly on the end of every month.
It is impossible to believe that this cap was not violated in June when it is possible that USCIS got 200K-600K AOSs.
only 27% of the annual quota is released Oct 1
the first 3 quarters cannot use more than 27% each
that is the whole issue
on the first working day of the month/quarter, where were the remaining 19%
that should be available by law?
how can they allot them on sunday (july 1)? if so they must be willing to accept my application on sunday too...
The following argues that it is hard for this cap to reach exactly on the end of every month.
It is impossible to believe that this cap was not violated in June when it is possible that USCIS got 200K-600K AOSs.
only 27% of the annual quota is released Oct 1
the first 3 quarters cannot use more than 27% each
that is the whole issue
on the first working day of the month/quarter, where were the remaining 19%
that should be available by law?
how can they allot them on sunday (july 1)? if so they must be willing to accept my application on sunday too...
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punjabi
02-02 03:04 PM
Well guys...
I agree that India is a land of pollution - polluted air and polluted minds (corruption, jealousy, materialistic attitude), it is still a very native part of our life. No matter where we live on this planet, whatever hapens in India, we do get affected by it.
I just visited India after 7 years. As far as India goes, I love:
-- My parents living there, perhaps they will never come to USA to stay with me permanently, and
-- The school kids I see on road in their school uniform, waiting for their school vans or walking as a group, making jokes and laughing out of their breath.
I always wonder that they do not know what hardhsip lies ahead of them, when they grow up after finishing their school - competition to get college admission, studies, competitive jobs, corruption, ever rising cost of living, etc. etc.
Most of my old friends in India have gone too busy in making money and 'rising on the top". It is as if they are in some kind of a race in panic, so they don't get left behind everybody else and what not.
What does "rising on the top" mean anyway? Whom are you collecting money for?
I recently bought the latest Samsung 3D LED TV to have a better movie experience. And I noticed that I enjoyed movies on small 22" inch TV more than I enjoy on a big LED TV - provided the movie is good and I have a good company.
So my friend (who is leaving for India)...
You can find happiness and joy in little things in life, irrespective of where you are staying. These commodities are not exclusively sold in India or anywhere else.
If you have made a decision to move to India, be proud of it and do it! Just set a good example in india and don't get involved in the dirty corrupted cycles there.
Good Luck!!
I agree that India is a land of pollution - polluted air and polluted minds (corruption, jealousy, materialistic attitude), it is still a very native part of our life. No matter where we live on this planet, whatever hapens in India, we do get affected by it.
I just visited India after 7 years. As far as India goes, I love:
-- My parents living there, perhaps they will never come to USA to stay with me permanently, and
-- The school kids I see on road in their school uniform, waiting for their school vans or walking as a group, making jokes and laughing out of their breath.
I always wonder that they do not know what hardhsip lies ahead of them, when they grow up after finishing their school - competition to get college admission, studies, competitive jobs, corruption, ever rising cost of living, etc. etc.
Most of my old friends in India have gone too busy in making money and 'rising on the top". It is as if they are in some kind of a race in panic, so they don't get left behind everybody else and what not.
What does "rising on the top" mean anyway? Whom are you collecting money for?
I recently bought the latest Samsung 3D LED TV to have a better movie experience. And I noticed that I enjoyed movies on small 22" inch TV more than I enjoy on a big LED TV - provided the movie is good and I have a good company.
So my friend (who is leaving for India)...
You can find happiness and joy in little things in life, irrespective of where you are staying. These commodities are not exclusively sold in India or anywhere else.
If you have made a decision to move to India, be proud of it and do it! Just set a good example in india and don't get involved in the dirty corrupted cycles there.
Good Luck!!
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aquarianf
04-25 10:39 AM
It high time that these guys get kicked on what ever, I have seen so many of my friends frustated due to non payment and get scarred to do anything against it..... I appreciate your courage , If they do bussiness and employ people they should legally pay, So many poeple come from India with kids and family and suffer so much when they are not getting paid on bench...I can only sympathise with their situation , Shame on such bussiness...BLOOD SUCKERS, MANIACS . I would say USCIS should create a law to punish these blood sucking monsters.
Training, H1b ...etc takes money ...so what he not stupid(desi employer) to do it for free , He makes altleast 10 times of what he spends in just 6 months when the candidate is on project.
I am sure I am going to get a lot of negative feedback for posting this in from ...so hiding desi employers
I agree with some of your points but you are not helping on anything here by appreciating OP's courage. If OP gets into law suite and if it requires lots of money would you be willing to donate some money to fight law suite because it will not only help OP but it will scare such shameless employer that there people out there in community who are willing to help if they do something wrong with employees.
I agree with you that such employer should be punished but it is more important to create awareness about their practice specially among people who just come from India and then get into trap of such employers. But many people do so even after knowing the facts about desi employers. Every thing has risks and rewards, and many people know risks but they get into it for rewards.
It seems that INS is very serious about holding back wages issue I think first thing people do is to file complaint with INS. See my previous post on this.
Training, H1b ...etc takes money ...so what he not stupid(desi employer) to do it for free , He makes altleast 10 times of what he spends in just 6 months when the candidate is on project.
I am sure I am going to get a lot of negative feedback for posting this in from ...so hiding desi employers
I agree with some of your points but you are not helping on anything here by appreciating OP's courage. If OP gets into law suite and if it requires lots of money would you be willing to donate some money to fight law suite because it will not only help OP but it will scare such shameless employer that there people out there in community who are willing to help if they do something wrong with employees.
I agree with you that such employer should be punished but it is more important to create awareness about their practice specially among people who just come from India and then get into trap of such employers. But many people do so even after knowing the facts about desi employers. Every thing has risks and rewards, and many people know risks but they get into it for rewards.
It seems that INS is very serious about holding back wages issue I think first thing people do is to file complaint with INS. See my previous post on this.
akhilmahajan
02-26 10:27 PM
Thanks a lot everyone.
Grand Total - $2062
Come on folks lets help IV, to get things done for US.
IV is I/WE. GO IV GO. TOGETHER WE CAN.
Grand Total - $2062
Come on folks lets help IV, to get things done for US.
IV is I/WE. GO IV GO. TOGETHER WE CAN.
capriol
09-12 07:19 PM
Isn't that they have completed input and receipt issuance for cases received by certain date (late Aug.?) according to their update? How come so many July filers still have not received receipts? Weird!
No, it seems as per the latest USCIS update (on Sept 7, 2007) the NSC has completed issuing receipt notices till July 28, 2007, and TSC till July 2, 2007.
Do you have any other updates?
Thanks.
No, it seems as per the latest USCIS update (on Sept 7, 2007) the NSC has completed issuing receipt notices till July 28, 2007, and TSC till July 2, 2007.
Do you have any other updates?
Thanks.
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