pune_guy
07-08 01:59 PM
Hi,
I have an approved labor and I-140. I have applied for I-485 during the July 07 fiasco and also have EAD and AP. It has been more than 180 days and I am toying with the idea of using AC21 to switch jobs. Recently I got the copy of the labor approval and found that that the OCC code (17-2072.00) and OCC title (Electronics Engineer) in the approved labor does not match with the title (Software Engineer) filled in by my company. All the other details like requirements and experience is pertaining to a software engineer position. But the approval came with "Electronics Engineer" job title.
This may be due to how the job description in the labor application is written. It does not have the word software, instead it uses the word solution such as "design, develop and test client-server solutions for semiconductor equipments". What I actually do is develop software applications to automate semiconductor equipment.
My question is can I use AC21 to switch job with title "Sr. Software engineer", where the job is same/similar to what I currently do? The OCC codes for this new job will not match with the one in labor?
Does this mean I am stuck? or can I change jobs and this can be explained to the immigration officer if I am called for an interview during adjucation of my case?
I'd appreciate your opinion in this matter.
Thanks
I have an approved labor and I-140. I have applied for I-485 during the July 07 fiasco and also have EAD and AP. It has been more than 180 days and I am toying with the idea of using AC21 to switch jobs. Recently I got the copy of the labor approval and found that that the OCC code (17-2072.00) and OCC title (Electronics Engineer) in the approved labor does not match with the title (Software Engineer) filled in by my company. All the other details like requirements and experience is pertaining to a software engineer position. But the approval came with "Electronics Engineer" job title.
This may be due to how the job description in the labor application is written. It does not have the word software, instead it uses the word solution such as "design, develop and test client-server solutions for semiconductor equipments". What I actually do is develop software applications to automate semiconductor equipment.
My question is can I use AC21 to switch job with title "Sr. Software engineer", where the job is same/similar to what I currently do? The OCC codes for this new job will not match with the one in labor?
Does this mean I am stuck? or can I change jobs and this can be explained to the immigration officer if I am called for an interview during adjucation of my case?
I'd appreciate your opinion in this matter.
Thanks
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captain
03-26 01:18 AM
Hello All,
I have one question.My employer is pursuing me to go for labor substitution
which is filied in Feb 2004.I got my H1 from Oct 2006.My skill sets and experience is matching with the orginal labor application.
It is not approved labor, but just labor application(EB3 application).
Can anyone tell me the time required to get name transfer on original labor application ? and whether it is beneficial to go for it instead of filing under PERM process.
Thanks in advance
Captain
I have one question.My employer is pursuing me to go for labor substitution
which is filied in Feb 2004.I got my H1 from Oct 2006.My skill sets and experience is matching with the orginal labor application.
It is not approved labor, but just labor application(EB3 application).
Can anyone tell me the time required to get name transfer on original labor application ? and whether it is beneficial to go for it instead of filing under PERM process.
Thanks in advance
Captain
poorslumdog
05-03 02:00 AM
singala racist won't say jai hind... try to come out of that well
Jaihind
Good try....try something else now..=:)
Jaihind
Good try....try something else now..=:)
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Macaca
07-04 10:42 AM
I am developing a general framework in which you can plug in your own traumatic experience. The following is a good start. Please develop your own writeups.
From then on it was a scramble to fulfill a long list of requirements to be able to apply on time. The first task was for my husband to convince his HR to sponsor the process. Since they had already budgeted for the fiscal year and are on a spending freeze , it took a lot of convincing . The HR complied and gratefully we set out to get our Medical exams (at own cost of 150*2).Since we live in a small state with few doctors we drove 2 hours to a neighboring state to get them on time.
Being a mother of 3 small kids, I could not work on important paper works with them around. So after putting them to bed we spent the entire night pulling out the required documents from archives and placing them in order; numerous phone calls to parents back in India to collect their date of birth, place of birth information and completed the questionnaire.
Got passport pictures(60$) and mailed it all to our lawyers praying it will be one of the first to reach the department office on start of business on July 2nd.
The following are very good points that need more polish! The main point here is that we really can not understand this CRAP wih all other things in life which Americans are not facing!
We are raising families here, our everyday life is no different from any other AMERICAN middle class family with same expectations and hopes, so its not easy to presume that we can pull out or get out of this situation and return to our home countries.
Patience is not just a virtue but a way of life for thousands of Legal immigrants who have been living in the US for a number of years . Besides the everyday stress of Job,Mortgage,Health and education of their children they live with the added suspense of when their application for permanent residency ,commonly referred as "Green card" will move ahead from its deep slumber.
From then on it was a scramble to fulfill a long list of requirements to be able to apply on time. The first task was for my husband to convince his HR to sponsor the process. Since they had already budgeted for the fiscal year and are on a spending freeze , it took a lot of convincing . The HR complied and gratefully we set out to get our Medical exams (at own cost of 150*2).Since we live in a small state with few doctors we drove 2 hours to a neighboring state to get them on time.
Being a mother of 3 small kids, I could not work on important paper works with them around. So after putting them to bed we spent the entire night pulling out the required documents from archives and placing them in order; numerous phone calls to parents back in India to collect their date of birth, place of birth information and completed the questionnaire.
Got passport pictures(60$) and mailed it all to our lawyers praying it will be one of the first to reach the department office on start of business on July 2nd.
The following are very good points that need more polish! The main point here is that we really can not understand this CRAP wih all other things in life which Americans are not facing!
We are raising families here, our everyday life is no different from any other AMERICAN middle class family with same expectations and hopes, so its not easy to presume that we can pull out or get out of this situation and return to our home countries.
Patience is not just a virtue but a way of life for thousands of Legal immigrants who have been living in the US for a number of years . Besides the everyday stress of Job,Mortgage,Health and education of their children they live with the added suspense of when their application for permanent residency ,commonly referred as "Green card" will move ahead from its deep slumber.
more...
priderock
04-26 12:53 AM
That was a no go for me. The company's Lawyer advised against it.
sundevil
05-29 12:28 PM
Not just limited to Cognizant and some Big 3s(or 2s now).
Please do not dismiss this as a tunnel vision, its a reality that will develop into a panoramic scam. I know of a guy in India who is sowing seeds of multi-national manager with a Staffing firm(Desi consulting Co) just for this purpose. Worst he has an individual contributor job with some other company that is in collusion with the staffing firm here to prove he works for the company here( I am guessing as a consultant and taxation with a ghost company of US based company in India). I could not get him to spill the beans on how this whole thing is working but he is confident and has sunk a lot of money into it. Strangely, he was disappointed when I told him even with L1A/EB1 it could take 18 to 24 months. Talk about feeling entitled.
Mind you lot of these guys have registered companies in India already to fish for H1 applicants. We close our eyes on this one, it will break the levees and flood the EB immigration. SO never be coy in dismissing this travesty and mother of all scams that is going to follow.
Guys : Once again I would suggest not to use tunnel vision. I personally know one case of EB1 in cognizant where one of my closest friends who never scored more than me in college exams and doesnt make more than I do got his GC in EB1.
Whatever Mr Oppenheim is saying is precise bullshit! Its all political. He is a bureaucrat who needs to defend the political policies. Where have we seen any transparency? Is there any transparency to the whole process?
If Mr Oppenheim has numbers so handy, can he explain why there are wild swings in visa bulletin and not a computerized FIFO policy. I can understand some 15-20% overlap for cases stuck in name check, unapprovable, etc etc. But every month/year visa bulletin swings like a pendulum which doesnt know which way is the right way.
If you complain about EB1, your friends will also lose GCs and no body will get GC. With that you are effectively saying, I dont get GC, even X should not get GC.
Although I think EB1 problem is largely restricted to Cognizant and needs to be addressed.
Please do not dismiss this as a tunnel vision, its a reality that will develop into a panoramic scam. I know of a guy in India who is sowing seeds of multi-national manager with a Staffing firm(Desi consulting Co) just for this purpose. Worst he has an individual contributor job with some other company that is in collusion with the staffing firm here to prove he works for the company here( I am guessing as a consultant and taxation with a ghost company of US based company in India). I could not get him to spill the beans on how this whole thing is working but he is confident and has sunk a lot of money into it. Strangely, he was disappointed when I told him even with L1A/EB1 it could take 18 to 24 months. Talk about feeling entitled.
Mind you lot of these guys have registered companies in India already to fish for H1 applicants. We close our eyes on this one, it will break the levees and flood the EB immigration. SO never be coy in dismissing this travesty and mother of all scams that is going to follow.
Guys : Once again I would suggest not to use tunnel vision. I personally know one case of EB1 in cognizant where one of my closest friends who never scored more than me in college exams and doesnt make more than I do got his GC in EB1.
Whatever Mr Oppenheim is saying is precise bullshit! Its all political. He is a bureaucrat who needs to defend the political policies. Where have we seen any transparency? Is there any transparency to the whole process?
If Mr Oppenheim has numbers so handy, can he explain why there are wild swings in visa bulletin and not a computerized FIFO policy. I can understand some 15-20% overlap for cases stuck in name check, unapprovable, etc etc. But every month/year visa bulletin swings like a pendulum which doesnt know which way is the right way.
If you complain about EB1, your friends will also lose GCs and no body will get GC. With that you are effectively saying, I dont get GC, even X should not get GC.
Although I think EB1 problem is largely restricted to Cognizant and needs to be addressed.
more...
Rohan99
07-26 01:33 PM
^^^^^^
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logiclife
05-10 05:19 PM
The slowness that results because of employer petition and bureaucratic delays(backlogs centers) and quota delays(retrogression) IS A HUGE PROBLEM. Please read my original post.
I am not saying that US system is perfect. I am saying that the employer-petition(if working properly and speedily) is better than points-based system(as two different comparable methods of adjudication for immigration) to protect the workforce from oversupply of labor.
If current system wasnt a problem, our work would be done. If the whole GC process took less than 2 years, it would be not bad and being stuck with one employer for 2 years is probably workable for most people.
And yes, please dont get me wrong, IV has not changed its goals or diluted its goals, I am merely voicing my opinion on the debate/discussion over different countries' immigration system and how they stack up against each other - both for immigrants and for those countries.
I am not saying that US system is perfect. I am saying that the employer-petition(if working properly and speedily) is better than points-based system(as two different comparable methods of adjudication for immigration) to protect the workforce from oversupply of labor.
If current system wasnt a problem, our work would be done. If the whole GC process took less than 2 years, it would be not bad and being stuck with one employer for 2 years is probably workable for most people.
And yes, please dont get me wrong, IV has not changed its goals or diluted its goals, I am merely voicing my opinion on the debate/discussion over different countries' immigration system and how they stack up against each other - both for immigrants and for those countries.
more...
sargon
03-28 01:45 AM
What is the relevance of such long boring rant on an immigration website? What's worse, its not even your original composition. Just some cut and paste from other websites. Cease and desist from such behavior.
http://news.rediff.com/column/2009/mar/27/guest-column-tarun-vijay-on-dynasty-and-the-varun-effect.htm
...
And then they say, they are the future of India.
http://news.rediff.com/column/2009/mar/27/guest-column-tarun-vijay-on-dynasty-and-the-varun-effect.htm
...
And then they say, they are the future of India.
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alisa
02-18 11:49 PM
I think we can make some very credible and good arguments for ourselves.
a) The changing demographics require an increased level of immigration. It is upto this country to decide if it wants semi-skilled immigrants (Indian cooks and gardeners) and their siblings/parents, or high-skilled immigrants.
b) It is not really the smartest thing in the world to bring people here from foreign lands, let them work here in high-tech fields, and then send them back after 6-10 years so that they can compete against Americans from OUTSIDE America.
c) A lot of EB-based immigrants have been to American colleges and have graduate degrees. Again, see (b) above. Not the brightest idea to have this American-educated and trained high-skilled manpower forced to go back to India and China, the two main US competitors.
Atleast, not if you are America.
Bottomline is this. If there have been abuses of the system, and any system will be abused, then those need to be fixed. If there are loopholes, they need to be plugged (and people will come up with more loopholes.) But the USCIS should not throw the baby out with the bath water. Either this country values high-skilled immigrants, or it doesn't. The high-skilled immigrants need to know this, so that they can make decisions in their life. The incompetence of USCIS can't be the instrument of public policy making.
a) The changing demographics require an increased level of immigration. It is upto this country to decide if it wants semi-skilled immigrants (Indian cooks and gardeners) and their siblings/parents, or high-skilled immigrants.
b) It is not really the smartest thing in the world to bring people here from foreign lands, let them work here in high-tech fields, and then send them back after 6-10 years so that they can compete against Americans from OUTSIDE America.
c) A lot of EB-based immigrants have been to American colleges and have graduate degrees. Again, see (b) above. Not the brightest idea to have this American-educated and trained high-skilled manpower forced to go back to India and China, the two main US competitors.
Atleast, not if you are America.
Bottomline is this. If there have been abuses of the system, and any system will be abused, then those need to be fixed. If there are loopholes, they need to be plugged (and people will come up with more loopholes.) But the USCIS should not throw the baby out with the bath water. Either this country values high-skilled immigrants, or it doesn't. The high-skilled immigrants need to know this, so that they can make decisions in their life. The incompetence of USCIS can't be the instrument of public policy making.
more...
venetian
05-12 10:11 PM
Just a few...
Sellapan Ramanathan - President of Singapore
Sir Veerasamy Ringadoo, ex-President of Mauritius
Ariranga Govindasamy Pillay - ex-Chief Justice of Mauritius
Angidi Verriah Chettiar - ex-Vice President of Mauritius
Subrahmanyan Chandrasekhar - Nobel Laureate and University of Chicago professor.
Navanethem Pillay - United Nations High Commissioner for Human Rights (originally from South Africa.)
James Appathurai -NATO Spokesman (from canada)
Lakshmi Sahgal - Freedom fighter settled in Kanpur
Tun V.T. Sambanthan - One of the founding father of modern Malaysia
S Jayakumar, Deputy Prime Minister, Singapore.
Tharman Shanmugaratnam, Minister of Education, Singapore.
Vivian Balakrishnan, Minister in, Singapore.
S Rajaratnam, ex-Deputy Prime Minister, Singapore.
S Dhanabalan, ex-Minister, Singapore.
Radhakrishna Padayachi, Minister in Republic of South Africa.
Gunasagaran Gounder, Fiji politician
Perumal Mupnar, Fiji politician
Aruna Roy - head of Mazdoor Kisan Shakti Sangathana, Rajastan
R. K. Laxman & R. K. Narayan, lived in Karnataka
I did not include Sri Lankan Tamil politicians or sports persons.
I can go on and on...
Again, do some research before commenting
Source: http://en.wikipedia.org/wiki/List_of_Tamil_people
@venetian:
I was not responding to the Sri Lankan issue - please don't read it as such. As I said, my comment was tangential to the discussion thread. I was just writing about my observation of the behavior and attitude of Tamils in general in India.
@jerrome:
Your point about MGR/Jayalalitha/Rajanikanth just proves my point. These people migrated to Tamil Nadu, made it their home and 'assimilated' by learning Tamil and considering themselves Tamil and showing their love for Tamil - they did not become famous in TN by propagating Telugu/Malayalam/Kannada. Now, if only you could provide some examples of the other way around - Tamils who migrated elsewhere and who made the host cultures proud. Can you?
There definitely are Telugu/Malayalam/Kannada natives in TN - but without exception, they have 'Tamilized' themselves to a great extent to live a normal life. Is the converse true?
Sellapan Ramanathan - President of Singapore
Sir Veerasamy Ringadoo, ex-President of Mauritius
Ariranga Govindasamy Pillay - ex-Chief Justice of Mauritius
Angidi Verriah Chettiar - ex-Vice President of Mauritius
Subrahmanyan Chandrasekhar - Nobel Laureate and University of Chicago professor.
Navanethem Pillay - United Nations High Commissioner for Human Rights (originally from South Africa.)
James Appathurai -NATO Spokesman (from canada)
Lakshmi Sahgal - Freedom fighter settled in Kanpur
Tun V.T. Sambanthan - One of the founding father of modern Malaysia
S Jayakumar, Deputy Prime Minister, Singapore.
Tharman Shanmugaratnam, Minister of Education, Singapore.
Vivian Balakrishnan, Minister in, Singapore.
S Rajaratnam, ex-Deputy Prime Minister, Singapore.
S Dhanabalan, ex-Minister, Singapore.
Radhakrishna Padayachi, Minister in Republic of South Africa.
Gunasagaran Gounder, Fiji politician
Perumal Mupnar, Fiji politician
Aruna Roy - head of Mazdoor Kisan Shakti Sangathana, Rajastan
R. K. Laxman & R. K. Narayan, lived in Karnataka
I did not include Sri Lankan Tamil politicians or sports persons.
I can go on and on...
Again, do some research before commenting
Source: http://en.wikipedia.org/wiki/List_of_Tamil_people
@venetian:
I was not responding to the Sri Lankan issue - please don't read it as such. As I said, my comment was tangential to the discussion thread. I was just writing about my observation of the behavior and attitude of Tamils in general in India.
@jerrome:
Your point about MGR/Jayalalitha/Rajanikanth just proves my point. These people migrated to Tamil Nadu, made it their home and 'assimilated' by learning Tamil and considering themselves Tamil and showing their love for Tamil - they did not become famous in TN by propagating Telugu/Malayalam/Kannada. Now, if only you could provide some examples of the other way around - Tamils who migrated elsewhere and who made the host cultures proud. Can you?
There definitely are Telugu/Malayalam/Kannada natives in TN - but without exception, they have 'Tamilized' themselves to a great extent to live a normal life. Is the converse true?
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ita
04-20 05:13 PM
Modi did a fabulous job at ripping the congress candidates apart this time.
Apart from feeble retorts from Priyanka no sound came from other members.Funny Rahul Gandhi,touted to be future PM by the party was ducking for cover with 'I don't react' statement repeatedly.
One funny instance:
Congress wanted to make youth a selling point.
Modi was like OK and then he goes 125 year old(budiya) Congress is not able to understand the problems of current day India.So vote for 30 year old BJP.
In response to this Priyanka did the most dumbest thing, she goes about asking Media folks and Amethi people if she looks old?(kya mein budiya lagti hun?) Do Sonia,Rahul look old ,thus playing directly into the hands of opposition.
BJP said when we are talking about Congress party these people are talking about their age.So Congress is Mataji,Putri,Putra(Mother,Daughter,Son).
This one is quite interesting...........
----------------------------------------------------------------------------------------------------
NAVSARI/RAJULA: Taking the 'weak' prime minister charge further, Gujarat chief minister Narendra Modi said Manmohan Singh was the prime ministerial
candidate only of the Gandhis and not of the entire UPA.
"Only the mother (Sonia Gandhi), son (Rahul) and daughter (Priyanka) keep saying that Singh is PM candidate. He is the candidate of Sonia Gandhi's family," he said.
"Except for Sonia Gandhi's family, nobody is rooting for Singh. Even senior Congress leaders like Arjun Singh and Kamal Nath are not acknowledging him for the top job," he said addressing election rallies in Gujarat.
Modi appealed to the people to choose between 'dynastic and opportunistic rule' and a nationalist government.
Modi also said preferably the prime minister should be an elected one and not nominated.
"Elected PM reflects the strength of democracy while a nominated one depicts strength of dynastic rule. He should have the people's support not just one family's," Modi added.
He said NCP chief Sharad Pawar "wants to become a Prime Minister. On more than one occasion, his RJD counterpart and Railway Minister too has expressed a similar desire."
"Samajwadi Party chief Mulayam Singh and BSP chief Mayawati too cannot be ruled out for the job," Modi said.
Apart from feeble retorts from Priyanka no sound came from other members.Funny Rahul Gandhi,touted to be future PM by the party was ducking for cover with 'I don't react' statement repeatedly.
One funny instance:
Congress wanted to make youth a selling point.
Modi was like OK and then he goes 125 year old(budiya) Congress is not able to understand the problems of current day India.So vote for 30 year old BJP.
In response to this Priyanka did the most dumbest thing, she goes about asking Media folks and Amethi people if she looks old?(kya mein budiya lagti hun?) Do Sonia,Rahul look old ,thus playing directly into the hands of opposition.
BJP said when we are talking about Congress party these people are talking about their age.So Congress is Mataji,Putri,Putra(Mother,Daughter,Son).
This one is quite interesting...........
----------------------------------------------------------------------------------------------------
NAVSARI/RAJULA: Taking the 'weak' prime minister charge further, Gujarat chief minister Narendra Modi said Manmohan Singh was the prime ministerial
candidate only of the Gandhis and not of the entire UPA.
"Only the mother (Sonia Gandhi), son (Rahul) and daughter (Priyanka) keep saying that Singh is PM candidate. He is the candidate of Sonia Gandhi's family," he said.
"Except for Sonia Gandhi's family, nobody is rooting for Singh. Even senior Congress leaders like Arjun Singh and Kamal Nath are not acknowledging him for the top job," he said addressing election rallies in Gujarat.
Modi appealed to the people to choose between 'dynastic and opportunistic rule' and a nationalist government.
Modi also said preferably the prime minister should be an elected one and not nominated.
"Elected PM reflects the strength of democracy while a nominated one depicts strength of dynastic rule. He should have the people's support not just one family's," Modi added.
He said NCP chief Sharad Pawar "wants to become a Prime Minister. On more than one occasion, his RJD counterpart and Railway Minister too has expressed a similar desire."
"Samajwadi Party chief Mulayam Singh and BSP chief Mayawati too cannot be ruled out for the job," Modi said.
more...
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immigrationmatters30
07-16 12:46 PM
Hello,
My labor is approved in August 2007 and I have approved I140.It is likely that my company might declare chapter 11(bankrupt).I have not yet filed my I1485 yet as dates are not current for my PD.
My question is can I port my I140 to a different company B and extend my H1 based on the approved I140 from company A.
If yes, What documents do I need from company A to get this done.There were some posts which said I cannot port without having my 485 filed and pending approval for 180 days.is this true?
Can someone provide some suggestion what would be good approach.
My labor is approved in August 2007 and I have approved I140.It is likely that my company might declare chapter 11(bankrupt).I have not yet filed my I1485 yet as dates are not current for my PD.
My question is can I port my I140 to a different company B and extend my H1 based on the approved I140 from company A.
If yes, What documents do I need from company A to get this done.There were some posts which said I cannot port without having my 485 filed and pending approval for 180 days.is this true?
Can someone provide some suggestion what would be good approach.
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ghouse1742
07-16 11:36 AM
Dear Lawyer,
I have applied for my renewal of EAD. Please let me know if I have answered the following correct and if there is anything I can do to rectify if you think these are not the right answers. Thanks in advance for your help,
For question 14, Manner of last entry: " Paroled (AOS) " because that is what will be stamped in my passport and I94 after my entry into US.
For question 15, Current Immigration status: " H1B Worker " because my H1B is valid till 2010 and I never used my EAD or received my green card.
I have applied for my renewal of EAD. Please let me know if I have answered the following correct and if there is anything I can do to rectify if you think these are not the right answers. Thanks in advance for your help,
For question 14, Manner of last entry: " Paroled (AOS) " because that is what will be stamped in my passport and I94 after my entry into US.
For question 15, Current Immigration status: " H1B Worker " because my H1B is valid till 2010 and I never used my EAD or received my green card.
more...
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chanduv23
06-27 07:29 AM
It doesnt say anywhere that they can change PDs in the middle of the month. What they are saying is that based on data collected from the "total number of files at point of approval" they can change PDs. But it doesnt say that they can change PDs in the middle of the month.
If anyone has a URL or source of information that shows the USCIS stopped accepting petitions in the middle of the month even when the dates were current, PLEASE POST THE URL OR SOURCE.
Otherwise this is bogus information coming out of certain law firms.
And this community is so scared that they have started seeing what they believe rather than believing what they see. The cynicism and psychosis has reached such alarming levels that people are seeing things even in Ombudsman report that dont exist.
:D :D :D :D The most successful people in the world are cynics.
People who initiate this kind of news - have been popular Attorneys. No idea why they do it - maybe to get more people to file and more money etc...
If anyone has a URL or source of information that shows the USCIS stopped accepting petitions in the middle of the month even when the dates were current, PLEASE POST THE URL OR SOURCE.
Otherwise this is bogus information coming out of certain law firms.
And this community is so scared that they have started seeing what they believe rather than believing what they see. The cynicism and psychosis has reached such alarming levels that people are seeing things even in Ombudsman report that dont exist.
:D :D :D :D The most successful people in the world are cynics.
People who initiate this kind of news - have been popular Attorneys. No idea why they do it - maybe to get more people to file and more money etc...
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andy garcia
02-23 07:23 AM
Looking only at LCs that are awaiting immigrant visa numbers (ie, LCs that are "still in process" or "certified after current EB3 ROW cutoff dates") here is how it looks (copy to an XL sheet to view properly):
Period, World, India(22%), EB2-India(41% of India), EB2-India-Family(*2.1)
------------------------------------------------------------------------
1997 to 2002, 269311, 59271, 24320, 51072
2002 to 2003, 36200, 7967, 3269, 6865
2003 to 2004, 13145, 2893, 1187, 2493
2004 to 2005, 6133, 1350, 554, 1163
The pre 2002 numbers pending are really bad. The last column sums up the situation for EB2-India. Use your own %ages to calculate the situation for EB3. It is clear that forward movement will be held back due to the huge chunk of LCs from 1997 to 2002 which are being certified.
So the situation is indeed hopeless and lobbying is the only way out.
Don't forget that a lot of those LC were being used for substitution($$$$) by the consulting companies. Once the regulation about eliminating substitution goes into effect. Some of those will not be able to be recycled.
Period, World, India(22%), EB2-India(41% of India), EB2-India-Family(*2.1)
------------------------------------------------------------------------
1997 to 2002, 269311, 59271, 24320, 51072
2002 to 2003, 36200, 7967, 3269, 6865
2003 to 2004, 13145, 2893, 1187, 2493
2004 to 2005, 6133, 1350, 554, 1163
The pre 2002 numbers pending are really bad. The last column sums up the situation for EB2-India. Use your own %ages to calculate the situation for EB3. It is clear that forward movement will be held back due to the huge chunk of LCs from 1997 to 2002 which are being certified.
So the situation is indeed hopeless and lobbying is the only way out.
Don't forget that a lot of those LC were being used for substitution($$$$) by the consulting companies. Once the regulation about eliminating substitution goes into effect. Some of those will not be able to be recycled.
more...
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qvadis
02-13 06:44 PM
Before AC21, the spill over goes vertically.
After AC21, the spill over should go horizontally.
Now ROW experts, post your comment for this hypothitical example ..
Lets assume there are 100 unused visas in EB2 catagory in a calender quarter. Worldwide EB damand is more than 140,000. Now, how will you assisn those numbers if it is before AC21 period and if it is after AC21 period.
If you say in both cases it goes to EB3-ROW, then we are not stupid to listien.
(a) INA 202(a)(3) states that the total number of visas available under both subsections (a) and (b) [...] exceeds the number of qualified immigrants [...] (2) shall not apply [...]. In your case, there are no excess visas available for FB immigrants.
(b) INA 202(e) Special Rules for Countries at Ceiling. requires that additional visas are distributed according to the world-wide distribution across FB and EB categories. Of the 100 unused visas 77 would have to be alloted to FB, and only 22 to EB categories. Assuming a 1/3 distribution in EB categories EB1, EB2, EB3, 7 would go to EB2.
If USCIS cannot follow this rule, those 100 visas would be unused for that fiscal year.
With AC21, the 100 can be assigned to oversubscribed countries, if Visas are available, ie. demand in all categories is less than supply. With EB3-ROW retrogressed, that is not the case.
Just the way I see it....
After AC21, the spill over should go horizontally.
Now ROW experts, post your comment for this hypothitical example ..
Lets assume there are 100 unused visas in EB2 catagory in a calender quarter. Worldwide EB damand is more than 140,000. Now, how will you assisn those numbers if it is before AC21 period and if it is after AC21 period.
If you say in both cases it goes to EB3-ROW, then we are not stupid to listien.
(a) INA 202(a)(3) states that the total number of visas available under both subsections (a) and (b) [...] exceeds the number of qualified immigrants [...] (2) shall not apply [...]. In your case, there are no excess visas available for FB immigrants.
(b) INA 202(e) Special Rules for Countries at Ceiling. requires that additional visas are distributed according to the world-wide distribution across FB and EB categories. Of the 100 unused visas 77 would have to be alloted to FB, and only 22 to EB categories. Assuming a 1/3 distribution in EB categories EB1, EB2, EB3, 7 would go to EB2.
If USCIS cannot follow this rule, those 100 visas would be unused for that fiscal year.
With AC21, the 100 can be assigned to oversubscribed countries, if Visas are available, ie. demand in all categories is less than supply. With EB3-ROW retrogressed, that is not the case.
Just the way I see it....
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crazyghoda
10-16 11:38 AM
A lot of EB2 folks are getting excited about getting the spillover from EB1 and EB2 ROW but has anyone contemplated that lots of EB3 ROWs will now start at looking at porting their dates to EB2 just as most people from EB3 India are?
Boy, I sure wish I was a lawyer! If this system remains as screwed up for another 20 years, I am surely sending my kid to law school :D
Boy, I sure wish I was a lawyer! If this system remains as screwed up for another 20 years, I am surely sending my kid to law school :D
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bitu72
10-23 05:30 PM
what is definition of "canadian business".
can we extrpoltae your suggestion little bit more or is it asking for too much
1. once you have PR ask your wife to open a company A.
2. As a employee of company A you can come over to USA while maintainig your PR status. You should still be considered to be covered under candian business wanting the employee to work on international projects..
can this theory fly...all this assuming no EAD filling in near future
can we extrpoltae your suggestion little bit more or is it asking for too much
1. once you have PR ask your wife to open a company A.
2. As a employee of company A you can come over to USA while maintainig your PR status. You should still be considered to be covered under candian business wanting the employee to work on international projects..
can this theory fly...all this assuming no EAD filling in near future
Googler
02-16 02:30 PM
That is one way to look at things. The important thing is, whether the Judge looks at the situation the same way. It will be tough job to convince the Judge. If you seek legal opinion from a lawyer, lawyers mostly tend to say that you have a case expecting that that lawyer will be the one filing the lawsuit (i.e. making the money). So be careful with the idea and advise from a lawyer.
And more importantly, even if 'we have a case', do we have folks who are willing to be plaintiff in this lawsuit. Are you or Googler or chandu (because he replied to my earlier posts suggesting that we will find someone to lead) willing to be the plaintiff, or are you encouraging others (putting the gun on other's shoulder to fire) to be the plaintiff. If you see that there is chance/value in filing lawsuit, why don't you decide to be the plaintiff? Either way, if you are a plaintiff or if you know someone who wants to be one, why don't you take this to IV team.
Say we have a case, then to go to the next step we need -
1.) Someone willing to take the initiative/lead
2.) Plaintiff
3.) Resources
4.) There maybe more that I am not able to think at this time, because I no experience of filing class action lawsuit.
How to find what we need to file lawsuit -
For (1.), I suggest someone willing to give out his/her name as plaintiff should contact IV. I saw that folks are discussing this on too, but that site is not a non-profit. That site is owned by some guy who is earning good money of off the ads on his site. He won't spend resources to file for lawsuit although he has made good money off of the woes of others tracking their green card case status. So the only viable option is to get IV involved.
For (2.), if you want to see this through, then, at least one of around 180 folks who voted for filing lawsuit should be willing to be the plaintiff. If not, then someone needs to make phone calls to find a possible plaintiff.
For (3.), as mentioned above, I don't know of any one organized effort other than IV to lead such an effort of a lawsuit.
Sanju, while I commend the thought you have put into this, note that the thinking on this is at a VERY VERY VERY preliminary stage. In real life class action lawsuits, named plaintiffs are chosen based on how well they fit the argument in the case, not the other way round. As I said upthread, all those who want decisions, deals, money etc RIGHT NOW are being pretty unrealistic -- probably just because of unfamiliarity with the progress of cases like this. I know people want to be reassured that there is NO risk of losing, every decision node is mapped out, responsibility assigned, but if that is what anyone is thinking they have to rejigger their thinking. ;-)
If I fit the argument that is eventually made, I'd be more than happy to be a named plaintiff. I also have no problem ponying up a significant amount of money once I'm convinced about the legal argument and the attorney in question.
And more importantly, even if 'we have a case', do we have folks who are willing to be plaintiff in this lawsuit. Are you or Googler or chandu (because he replied to my earlier posts suggesting that we will find someone to lead) willing to be the plaintiff, or are you encouraging others (putting the gun on other's shoulder to fire) to be the plaintiff. If you see that there is chance/value in filing lawsuit, why don't you decide to be the plaintiff? Either way, if you are a plaintiff or if you know someone who wants to be one, why don't you take this to IV team.
Say we have a case, then to go to the next step we need -
1.) Someone willing to take the initiative/lead
2.) Plaintiff
3.) Resources
4.) There maybe more that I am not able to think at this time, because I no experience of filing class action lawsuit.
How to find what we need to file lawsuit -
For (1.), I suggest someone willing to give out his/her name as plaintiff should contact IV. I saw that folks are discussing this on too, but that site is not a non-profit. That site is owned by some guy who is earning good money of off the ads on his site. He won't spend resources to file for lawsuit although he has made good money off of the woes of others tracking their green card case status. So the only viable option is to get IV involved.
For (2.), if you want to see this through, then, at least one of around 180 folks who voted for filing lawsuit should be willing to be the plaintiff. If not, then someone needs to make phone calls to find a possible plaintiff.
For (3.), as mentioned above, I don't know of any one organized effort other than IV to lead such an effort of a lawsuit.
Sanju, while I commend the thought you have put into this, note that the thinking on this is at a VERY VERY VERY preliminary stage. In real life class action lawsuits, named plaintiffs are chosen based on how well they fit the argument in the case, not the other way round. As I said upthread, all those who want decisions, deals, money etc RIGHT NOW are being pretty unrealistic -- probably just because of unfamiliarity with the progress of cases like this. I know people want to be reassured that there is NO risk of losing, every decision node is mapped out, responsibility assigned, but if that is what anyone is thinking they have to rejigger their thinking. ;-)
If I fit the argument that is eventually made, I'd be more than happy to be a named plaintiff. I also have no problem ponying up a significant amount of money once I'm convinced about the legal argument and the attorney in question.
Legal
07-23 12:28 PM
I am estimating around 75K EB2 AOS approvals this year. Please check my analysis here. The analysis is based on statistics, testimonies, and spill over from FB to EB as estimated by Ron Gother. The analysis was couple of months old. I believe it still stands.
http://immigrationvoice.org/forum/showpost.php?p=246481&postcount=1422
Apart from total number of EB2 visas this year, one thing that is crucial here is how many visas are already used up. And thus how many visas are left for this year.
In the USCIS testimony, it was stated that they already used up 65% of the "target" in 5 months. Assuming, they used up atleast 30% more in next 5 months, there is only 5% to 10% of visas left over from their "target" number of visas. Did their "target" included spill over? No one knows. Knowing that will put us in better position to estimate the PD progress.
Though the EB2 moved until June 2006, I am hoping that most of the people before 2005 March should get approved. In that case, even if it retrogresses, it will fall back to March 2005. Once we reach March 2005, we have all statistics from DOL. So, would be easier to estimate.
There are 20 K EB visas left from the regular EB category for this fiscal and there are minimum of 20k FB visas which spill over for EB.
Thus conservative estimate 40k visas are available for use before Sep 30th. Liberal estimate the numbers could be higher.
More likley to happen is most EB-2 upto Dec 2005 getting approved, many in early 2006 getting approved.
http://immigrationvoice.org/forum/showpost.php?p=246481&postcount=1422
Apart from total number of EB2 visas this year, one thing that is crucial here is how many visas are already used up. And thus how many visas are left for this year.
In the USCIS testimony, it was stated that they already used up 65% of the "target" in 5 months. Assuming, they used up atleast 30% more in next 5 months, there is only 5% to 10% of visas left over from their "target" number of visas. Did their "target" included spill over? No one knows. Knowing that will put us in better position to estimate the PD progress.
Though the EB2 moved until June 2006, I am hoping that most of the people before 2005 March should get approved. In that case, even if it retrogresses, it will fall back to March 2005. Once we reach March 2005, we have all statistics from DOL. So, would be easier to estimate.
There are 20 K EB visas left from the regular EB category for this fiscal and there are minimum of 20k FB visas which spill over for EB.
Thus conservative estimate 40k visas are available for use before Sep 30th. Liberal estimate the numbers could be higher.
More likley to happen is most EB-2 upto Dec 2005 getting approved, many in early 2006 getting approved.
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