Macaca
01-18 08:44 AM
Law clearly tells that there should be valid job position for H1b at the time of filing. For consulting bodyshoppers will bring persons here and search for job. That is clearly violation of law.
Contract job has to be filled in weeks. But, it takes months and years to get H-1B approved. Thus, contracting is inherently speculative. This means, start date of a new H-1B contract and all following contracts, are not guaranteed.
Difference between Job shops and reputed Companies
Indian body shoppers employ a H1b Persons and many of them are in hourly. No project then no pay. No pay in bench is violation of law and both employee and employer are willingly accept that. So our body shoppers are attractive destination for GC aspirants.
The companies which follow rules are forced to pay bench or lay off. Companies may be under risk of heavy loss when there are too many people are in bench. That means companies which follow rules and regulations are making loss in tough times at the same time Body shops always make money and worst case scenario no loss no gain.
The revenue generated by a contractor is from his/her billing only; it is hard to calculate this amount for a non-contracting company like Intel. All contractor overhead (salary, benefits: insurance, H-1B/GC fee, ) and company profit have to come from this billing.
Still Desi companies are not following Labor laws.
I know a company in OHIO still exploiting H1Bs ... but payroll being generated.
Most (all?) US contractors are not paid on bench. Neither are they paid any benefits. (If they get paid on bench and/or benefits, it will be from the fixed overhead of their billing leading to smaller pay check: you are getting the same amount whichever way you want to spread it!)
This inequality was known by everyone including USCIS.
This means, that benched H-1B will stop getting paid on getting GC. Is this equality?
The 20% fraud/abuse that Slumdog Ron Hira barks is violation of such garbage-based laws created by him and Matloff. Another one is H-1B can not pay (some parts of) his/her H-1B/GC fee.
The only genuine laws are H-1B is paid (ignoring bench but including H-1B & GC overhead) below prevailing , company does not exist and H-1B is working in gas station (and increasing competition for Hira/Matloff's thorough bred US born asses).
Contract job has to be filled in weeks. But, it takes months and years to get H-1B approved. Thus, contracting is inherently speculative. This means, start date of a new H-1B contract and all following contracts, are not guaranteed.
Difference between Job shops and reputed Companies
Indian body shoppers employ a H1b Persons and many of them are in hourly. No project then no pay. No pay in bench is violation of law and both employee and employer are willingly accept that. So our body shoppers are attractive destination for GC aspirants.
The companies which follow rules are forced to pay bench or lay off. Companies may be under risk of heavy loss when there are too many people are in bench. That means companies which follow rules and regulations are making loss in tough times at the same time Body shops always make money and worst case scenario no loss no gain.
The revenue generated by a contractor is from his/her billing only; it is hard to calculate this amount for a non-contracting company like Intel. All contractor overhead (salary, benefits: insurance, H-1B/GC fee, ) and company profit have to come from this billing.
Still Desi companies are not following Labor laws.
I know a company in OHIO still exploiting H1Bs ... but payroll being generated.
Most (all?) US contractors are not paid on bench. Neither are they paid any benefits. (If they get paid on bench and/or benefits, it will be from the fixed overhead of their billing leading to smaller pay check: you are getting the same amount whichever way you want to spread it!)
This inequality was known by everyone including USCIS.
This means, that benched H-1B will stop getting paid on getting GC. Is this equality?
The 20% fraud/abuse that Slumdog Ron Hira barks is violation of such garbage-based laws created by him and Matloff. Another one is H-1B can not pay (some parts of) his/her H-1B/GC fee.
The only genuine laws are H-1B is paid (ignoring bench but including H-1B & GC overhead) below prevailing , company does not exist and H-1B is working in gas station (and increasing competition for Hira/Matloff's thorough bred US born asses).
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akkakarla
04-28 04:23 PM
When will they register and when will this abuse of labor sub stop?
Legal
07-23 10:20 PM
Thanks !! I had a quick question ..the rules for the spillover, is that a law or does that depend on USCIS or DOS ?
In other words can they change the rules for spillover once again ..say next year ?
I still feel there is small hope for EB3-ww and maybe even EB3-I ...majority of the EB2 cases were filed during july fiasco ..what if they have not been processed yet ? i.e. they will keep moving the dates fwd till it becomes current (if that still does not use up the visas) ..then they would move EB3-ww dates fwd ..once again this is wishing and dreaming :)
For USCIS, 2007 was "let's reduce some backlog in EB3-category" year.
It looks like 2008 is " let's reduce some backlog in EB2-category" year.
On both occassions they hid their plans in right in front of us, and said "gotcha" to every one- AILA, IV prognosticators and Ron Gotchers of this world.
I doubt USCIS will openly Re-revise the horizontal spill over policy. If they do that they may be challenged again forcing them to Re-Re-revise which will make them look even more stupider than they do now.
There are other means by which USCIS can deliver justice- mafia style- but within the current law. They need additional help from DOS,DOL, etc.
examples- (1) Generally sit on EB-2 adjudications, delay them and say there are unused EB2 numbers and allow them to spill over to EB-3
(2) Clamp down even further on PERM - stretch it from 8 months to 36 months for every applicant including EB2-ROW, make even more unused numbers available to clear backlogs.
p.s
I do not harbor any ill-will towards ROW or any other category. I honestly think above things are possible. :)
In other words can they change the rules for spillover once again ..say next year ?
I still feel there is small hope for EB3-ww and maybe even EB3-I ...majority of the EB2 cases were filed during july fiasco ..what if they have not been processed yet ? i.e. they will keep moving the dates fwd till it becomes current (if that still does not use up the visas) ..then they would move EB3-ww dates fwd ..once again this is wishing and dreaming :)
For USCIS, 2007 was "let's reduce some backlog in EB3-category" year.
It looks like 2008 is " let's reduce some backlog in EB2-category" year.
On both occassions they hid their plans in right in front of us, and said "gotcha" to every one- AILA, IV prognosticators and Ron Gotchers of this world.
I doubt USCIS will openly Re-revise the horizontal spill over policy. If they do that they may be challenged again forcing them to Re-Re-revise which will make them look even more stupider than they do now.
There are other means by which USCIS can deliver justice- mafia style- but within the current law. They need additional help from DOS,DOL, etc.
examples- (1) Generally sit on EB-2 adjudications, delay them and say there are unused EB2 numbers and allow them to spill over to EB-3
(2) Clamp down even further on PERM - stretch it from 8 months to 36 months for every applicant including EB2-ROW, make even more unused numbers available to clear backlogs.
p.s
I do not harbor any ill-will towards ROW or any other category. I honestly think above things are possible. :)
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sparky_jones
06-28 09:39 AM
Matthew Oh has been known in the past to be a BIT of a sensationalist.
Yes, there's no doubt about that. Although Mr Oh must be credited for providing us with valuable "insider" AILA information, he needs to tone down the manner in which he sometimes presents this information. This particular information is flashed as a "Special Red Alert", with very grim language on his blog. He should also have provided details on how AILA's liasion is working with USCIS to correct the situation, which is clearly a violation of regulation on the part of USCIS. Given the clear outrage over the lack of transparency in the case of the "other worker" category, what are the chances that USCIS will do this again, esp when it is against regulation?
I won't be surprised if OH gets kicked out of AILA...for leaking AILA insider info (good for us), and for his sensationalism (bad for everyone).
Yes, there's no doubt about that. Although Mr Oh must be credited for providing us with valuable "insider" AILA information, he needs to tone down the manner in which he sometimes presents this information. This particular information is flashed as a "Special Red Alert", with very grim language on his blog. He should also have provided details on how AILA's liasion is working with USCIS to correct the situation, which is clearly a violation of regulation on the part of USCIS. Given the clear outrage over the lack of transparency in the case of the "other worker" category, what are the chances that USCIS will do this again, esp when it is against regulation?
I won't be surprised if OH gets kicked out of AILA...for leaking AILA insider info (good for us), and for his sensationalism (bad for everyone).
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lonedesi
09-23 12:29 PM
they are still doing it.. as far as i know.. great rates too... the only complain i have with them is that they are SLOW.
Can any of us join this credit union? It appears that one needs to satisfy any one of the 6 requirements (being related to US military) to be able to open an account with penfed. Please let us know if otherwise.
Can any of us join this credit union? It appears that one needs to satisfy any one of the 6 requirements (being related to US military) to be able to open an account with penfed. Please let us know if otherwise.
Keeme
03-31 10:05 AM
Kancha Ilaya(Sonia appointed ) is being allowed by the Indian Government to lobby with the UN and US Congress so that caste discrimination in India is taken-up by these bodies. (Indians on their own have come a long way in reducing these caste discrimination but alas these people won't want that dying)It shouldn't be any surprise if we see bunch of International articles on India's disgusting caste issues soon.
Rahul Gandhi/Govt of India invites British politician to Amethi on poverty tourism.Putting it in their own words they were trying to show this foreign minister real India (meaning 'sinking India not shining India' or may be they were trying to tell this British guy look we have managed to keep the country at the same state you left it , if anything we took it to another low level).Amethi has been a constituency represented by that family for generations in Priyanka's words. Forget about country they didn't do much good to their own constituency .
This British guy before he left the country said that Mumbai attacks could have happened because India didn't hand over Kashmir to Pak.He also gave a free although unasked advice ,if such future attacks are not to happen India should reconsider it's stance on Kashmir.
British media was surprised to see that Rahul Gandhi touted as future PM by the party and Indian media with equal excitement didn't want to comment on foreign affairs.Mumbai issue or anything else.
Now every country has it's share of problems..be it poverty or something else.Can you imagine U.S politician inviting French/German politician to view America's worst and media giving it huge coverage?Just imagine what would happen then.
There are 2 ways you have to be in Indian politics. Bottom-to-top and Top-to-bottom. Sanjay Dutt, Murli Devra's son, Rajesh Pilot's son, MadhavRao SIndhia's son are some good example of Top-to-bottom. They can be MPs and MLAs but again can't go in heart of general public. Many of them would have short tem political life. Mamta Benergee, Mayavati, Mulayam, lalu, Narendra Modi, Sharad Yadav and many others are example of bottom-to-top.
Rahul Gandhi doesn't want to be labeled as top-to-bottom. It won't last long.
Rahul Gandhi/Govt of India invites British politician to Amethi on poverty tourism.Putting it in their own words they were trying to show this foreign minister real India (meaning 'sinking India not shining India' or may be they were trying to tell this British guy look we have managed to keep the country at the same state you left it , if anything we took it to another low level).Amethi has been a constituency represented by that family for generations in Priyanka's words. Forget about country they didn't do much good to their own constituency .
This British guy before he left the country said that Mumbai attacks could have happened because India didn't hand over Kashmir to Pak.He also gave a free although unasked advice ,if such future attacks are not to happen India should reconsider it's stance on Kashmir.
British media was surprised to see that Rahul Gandhi touted as future PM by the party and Indian media with equal excitement didn't want to comment on foreign affairs.Mumbai issue or anything else.
Now every country has it's share of problems..be it poverty or something else.Can you imagine U.S politician inviting French/German politician to view America's worst and media giving it huge coverage?Just imagine what would happen then.
There are 2 ways you have to be in Indian politics. Bottom-to-top and Top-to-bottom. Sanjay Dutt, Murli Devra's son, Rajesh Pilot's son, MadhavRao SIndhia's son are some good example of Top-to-bottom. They can be MPs and MLAs but again can't go in heart of general public. Many of them would have short tem political life. Mamta Benergee, Mayavati, Mulayam, lalu, Narendra Modi, Sharad Yadav and many others are example of bottom-to-top.
Rahul Gandhi doesn't want to be labeled as top-to-bottom. It won't last long.
more...
hebbar77
09-04 03:36 PM
I second your thoughts...do we have the muscle and money power to take on those gundas. If no, we can not do anything. If yes, you become another group of gundas...
Like collecting money to lobby for GC we can accumalate money for Political party as well. I can tell you every Indian would contribute to such endeavor.
Like collecting money to lobby for GC we can accumalate money for Political party as well. I can tell you every Indian would contribute to such endeavor.
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crazy_apple
07-13 05:58 PM
Byeusa - I read your story and felt like you have written mine. I came to USA in 2000, with a dream...a 25 year old young single guy, having a B.Tech degree from IIT Delhi, full of fire, fighting to do anything. 7 years down the line, only thing that I have earned here is a thick 25 lb bag filled with immigration papers. I avoid even looking at that bag, it makes me feel depressed. My wife, a graduate from IIT, sitting at home on H4 waiting for a day when she will get her work permit. Now I am 33, I am still doing what I was doing at the age of 25. My manager gives me 3 days to finish something and I know I can do it in 3 hours....it has become a physical job, its not a mental job anymore. This is the 3rd time, someone has applied for my green card and I am sure it will never go thoguh.
Keeping everything in perspective, my wife and I applied for Canadian PR 2 years ago and now we have gotten it. We want to move to Canada, however there are so many things.....daughter, her school, new country, culture...etc. Nevertheless, when I read your story, I felt encouraged and I am going to think harder in this area. I wish you well. God bless you!
Kumar1 - you cracked me up with your "thick 25 lb bag filled with immigration papers" comment. It is so true. In about 10 years here, I have accumulated a similar bag...for myself and my wife - starting with F1s, H1s, H1 transfers, Passport Copies, LC Copies etc. Hopefully the bag will be a relic in a few years...and we will laugh at it. Just hoping that day comes soon.
Keeping everything in perspective, my wife and I applied for Canadian PR 2 years ago and now we have gotten it. We want to move to Canada, however there are so many things.....daughter, her school, new country, culture...etc. Nevertheless, when I read your story, I felt encouraged and I am going to think harder in this area. I wish you well. God bless you!
Kumar1 - you cracked me up with your "thick 25 lb bag filled with immigration papers" comment. It is so true. In about 10 years here, I have accumulated a similar bag...for myself and my wife - starting with F1s, H1s, H1 transfers, Passport Copies, LC Copies etc. Hopefully the bag will be a relic in a few years...and we will laugh at it. Just hoping that day comes soon.
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andy007
07-04 12:42 PM
For my spouse, I've to take care of all the fees for I-485 / I-765 / I-131 / Biometric ( $325 + $180 + $170 + $ 70). For me, I've to take care only I-131 Fees ( $170). The Company Pays the fees only for my I-485 and I-765 and also take care of the Attorney Fees for both of us. They also reimburse the Medical Expenses, if the insurance does not cover the charges, only for Employee/ Primary applicant. For all dependents it is my responsibility.
You are right i did not mention EAD & AP, My Lawyer did not file for it.. so i don't have numbers for these.. sorry .. so Per Person it will be like Avg. > $3000.00 or more..
You are right i did not mention EAD & AP, My Lawyer did not file for it.. so i don't have numbers for these.. sorry .. so Per Person it will be like Avg. > $3000.00 or more..
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ndbhatt
09-24 12:42 AM
Matt_Kelly@Specter.senate.gov ID is bouncing
Downsizing happened within congress too. :D
Downsizing happened within congress too. :D
more...
miami75
07-04 11:24 AM
John Harwood at john.harwood@wsj.com
Here are media contacts:
60m@cbsnews.com
HDNet: Dan Rather reports
mcuban@hd.net, wnelson@hd.net
nytnews@nytimes.com,
news-tips@nytimes.com,
washington@nytimes.com
AmericasNewsroom@foxnews.com ; satya.prakash@hindustantimes.com ; pmagazine@hindustantimes.com ; aditya.ghosh@hindustantimes.com ; Fatherjonathan@foxnews.com ;
Drmanny@foxnews.com ;
Lisonlaw2@foxnews.com ;
YourComments@foxnews.com ;
Beltway@foxnews.com ;
Myword@foxnews.com ;
Bigstory-weekend@foxnews.com ; Bigstoryweekend@foxnews.com ;
Bullsandbears@foxnews.com ;
Cash@foxnews.com ;
Cavuto@foxnews.com ;
Fncimag@foxnews.com ;
Forbes@foxnews.com ;
Friends@foxnews.com ;
Feedback@foxnews.com ;
Jamie@foxnews.com ;
Fncspecials@foxnews.com ;
FNS@foxnews.com ;
Newswatch@foxnews.com ;
Foxreport@foxnews.com ;
Atlarge@foxnews.com ;
Heartland@foxnews.com ;
JER@foxnews.com ;
Lineup@foxnews.com ;
Ontherecord@foxnews.com ;
Oreilly@foxnews.com ;
Redeye@foxnews.com ;
Special@foxnews.com ;
Studiob@foxnews.com ;
Hemmer@foxnews.com ;
Colonelscorner@foxnews.com ;
Housecall@foxnews.com ;
Hannity@foxnews.com ;
Colmes@foxnews.com
Here are media contacts:
60m@cbsnews.com
HDNet: Dan Rather reports
mcuban@hd.net, wnelson@hd.net
nytnews@nytimes.com,
news-tips@nytimes.com,
washington@nytimes.com
AmericasNewsroom@foxnews.com ; satya.prakash@hindustantimes.com ; pmagazine@hindustantimes.com ; aditya.ghosh@hindustantimes.com ; Fatherjonathan@foxnews.com ;
Drmanny@foxnews.com ;
Lisonlaw2@foxnews.com ;
YourComments@foxnews.com ;
Beltway@foxnews.com ;
Myword@foxnews.com ;
Bigstory-weekend@foxnews.com ; Bigstoryweekend@foxnews.com ;
Bullsandbears@foxnews.com ;
Cash@foxnews.com ;
Cavuto@foxnews.com ;
Fncimag@foxnews.com ;
Forbes@foxnews.com ;
Friends@foxnews.com ;
Feedback@foxnews.com ;
Jamie@foxnews.com ;
Fncspecials@foxnews.com ;
FNS@foxnews.com ;
Newswatch@foxnews.com ;
Foxreport@foxnews.com ;
Atlarge@foxnews.com ;
Heartland@foxnews.com ;
JER@foxnews.com ;
Lineup@foxnews.com ;
Ontherecord@foxnews.com ;
Oreilly@foxnews.com ;
Redeye@foxnews.com ;
Special@foxnews.com ;
Studiob@foxnews.com ;
Hemmer@foxnews.com ;
Colonelscorner@foxnews.com ;
Housecall@foxnews.com ;
Hannity@foxnews.com ;
Colmes@foxnews.com
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sroyc
02-12 08:44 PM
I don't think Abhijit chose the right analogy, so your response to that makes sense.
India and China are not sending multiple skilled-immigrant teams to the US. They have come here on their own either to work or study and they are being hired by American companies on the basis of merit, same as everyone else.
Other than the fact that there is a large talent pool of high-tech workers in India and China, there's nothing that stops them for hiring more skilled immigrants from other countries.
If the US truly believes in a quota system for employment based immigration, it should reflect in the workforce first. Enforce the quota system while issuing F1/H1 visas. Then you will also ensure true diversity (only among immigrants) in the workforce.
What you have is two classes of immigrant workers in the same company - those who belong to retrogressed categories and those who are not, with similar qualifications and with similar roles. The difference is that in a few years, the workers who get the green card sooner will have the ability to pursue other opportunities while the other class of workers grind away. With the current scenario, a future colleague from a ROW country can join 6-8 years after me and still get the green card ahead of me. How can you say that it is not discrimination?
If you remove the per country quota, the ROW candidates might have to wait for 3 years instead of 1, but the Indian/Chinese candidates will have to wait for 3 years instead of 8-10. I don't think removing the per country quota will harm ROW folks as much as it'll benefit Indians and Chinese AND it'll ensure fairness.
Per country limit applies to every country in exactly the same way. It doesn't discriminate between Chad or China. So, how is it discrimination? And think about it- in Olympics soccer/basketball every country can send only one team. Should China and India be allowed to send more teams since they have a larger population? We should try to increase the number of GCs.
India and China are not sending multiple skilled-immigrant teams to the US. They have come here on their own either to work or study and they are being hired by American companies on the basis of merit, same as everyone else.
Other than the fact that there is a large talent pool of high-tech workers in India and China, there's nothing that stops them for hiring more skilled immigrants from other countries.
If the US truly believes in a quota system for employment based immigration, it should reflect in the workforce first. Enforce the quota system while issuing F1/H1 visas. Then you will also ensure true diversity (only among immigrants) in the workforce.
What you have is two classes of immigrant workers in the same company - those who belong to retrogressed categories and those who are not, with similar qualifications and with similar roles. The difference is that in a few years, the workers who get the green card sooner will have the ability to pursue other opportunities while the other class of workers grind away. With the current scenario, a future colleague from a ROW country can join 6-8 years after me and still get the green card ahead of me. How can you say that it is not discrimination?
If you remove the per country quota, the ROW candidates might have to wait for 3 years instead of 1, but the Indian/Chinese candidates will have to wait for 3 years instead of 8-10. I don't think removing the per country quota will harm ROW folks as much as it'll benefit Indians and Chinese AND it'll ensure fairness.
Per country limit applies to every country in exactly the same way. It doesn't discriminate between Chad or China. So, how is it discrimination? And think about it- in Olympics soccer/basketball every country can send only one team. Should China and India be allowed to send more teams since they have a larger population? We should try to increase the number of GCs.
more...
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maddipati1
03-27 02:43 PM
people went to see another guy taking oath too, who caused recent genocide in Iraq.. Indian PMs are way better than that asshole. Atleast they are only corrupt and dont cause genocide.
:mad:
I am just wondering.....
when will the day come when a lot of us will rush to Delhi.....braving the cold/heat....stand for hours........dancing to tunes of pop singers......while awaiting our beloved PM to show up and take oath of office........just like hundreds of thousands did when obama took office.........
I am just wondering.....
will any one of us spend money to travel to Delhi to witness the next swearing cermony, assuming it where held in an open place, lets say raj ghat or something like that.
I am wondering.....
when will that charismatic leader (with really good intentions and sence of direction) emerge? from, a billion? Why is it taking so long? Is the whole germ pool spoiled? why dont we get the good ones to lead such populated nations? I dont have a clue about where and with whom the problem lies....
:mad:
I am just wondering.....
when will the day come when a lot of us will rush to Delhi.....braving the cold/heat....stand for hours........dancing to tunes of pop singers......while awaiting our beloved PM to show up and take oath of office........just like hundreds of thousands did when obama took office.........
I am just wondering.....
will any one of us spend money to travel to Delhi to witness the next swearing cermony, assuming it where held in an open place, lets say raj ghat or something like that.
I am wondering.....
when will that charismatic leader (with really good intentions and sence of direction) emerge? from, a billion? Why is it taking so long? Is the whole germ pool spoiled? why dont we get the good ones to lead such populated nations? I dont have a clue about where and with whom the problem lies....
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kumarc123
07-23 01:56 PM
vdlrao is everyone's friend these days ...not only urs ... :-)
Don't worry you are my friend too, as well as all the IV members
Take Care
Don't worry you are my friend too, as well as all the IV members
Take Care
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nk2
09-23 11:53 AM
This is a good idea. I will send the emails.
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shreekhand
08-15 01:40 PM
Couldn't have agreed any more than this:
Don't make a big deal of Shah Rukh's detention:One For The Road:Anand Soondas's blog-The Times Of India (http://blogs.timesofindia.indiatimes.com/onefortheroad/entry/don-t-make-a-big)
Don't make a big deal of Shah Rukh's detention:One For The Road:Anand Soondas's blog-The Times Of India (http://blogs.timesofindia.indiatimes.com/onefortheroad/entry/don-t-make-a-big)
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go_guy123
01-28 04:11 PM
:mad: They should stop the so called substitution.
USCIS was trying to abolish this substitution. The lawyer lobby opposed it.
There are too many well funded vested interest groups, so we are getting screwed. I have no hope/expections of GC relief...only more H1B quota making things worse.
USCIS was trying to abolish this substitution. The lawyer lobby opposed it.
There are too many well funded vested interest groups, so we are getting screwed. I have no hope/expections of GC relief...only more H1B quota making things worse.
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mirage
07-04 08:21 AM
One thing which is missing in the News article about this fiasco is they are sounding like some precedural hitch happened they are not sounding scandal, conspiratory, I mean their title should be like 'DOS plays joke on Legals', 'DOS arbitrary decisions hurt legals' types......
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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....
senthil1
06-26 12:42 PM
I did not see any precedance for stopping I485 in the middle of months for past 10 years. If it happens that will be first time
What I noticed is these kind of roumor comes from those who already filed and got their receipts :D :D
Isn't it??? ;)
Mid month retrogression is possible acc to Murthy but that may not happen in July
Everything is a speculation here. USCIS is the winner - always keeps us guessing.
Some optimistic coments I heard is - USCIS is now prepared to clear backlogs and will accept a lot of applications this month as they do not want this year's visa quota wasted.
What I noticed is these kind of roumor comes from those who already filed and got their receipts :D :D
Isn't it??? ;)
Mid month retrogression is possible acc to Murthy but that may not happen in July
Everything is a speculation here. USCIS is the winner - always keeps us guessing.
Some optimistic coments I heard is - USCIS is now prepared to clear backlogs and will accept a lot of applications this month as they do not want this year's visa quota wasted.
trramesh
06-01 02:09 PM
Guys,
I have been working here for 9 years and next year we plan to return back to India. I spoke to SSN customer service to find out my retirement and survivor benefits. Being an Indian citizen, all these are available only if me, or my dependants, have a valid residing status with the US, at the time of making the application. The contribution at this point is like getting a right to work. This is outrageous.
We all have been legally invited into this country for a work, and that means the US gov should protect our legal and fair interests. It is universally true that everyone works to protect his family. Now here is a case, where I have no right to my retirement money just because I dont have a legal resident status. Whose fault is this. I already made the application 6 years ago. If my home country does not have the comparable SSN structure, then return the money back? We will pay the taxes and take the money back. Our kids need it.
I dont know what is the appropriate channel to get this fixed. This appears more like human rights violation, or abuse. I am sure there are many in this forum who are in the same boat as I am. Can someone team up with me to do more research or share your discoveries.
To the US, this is what I got to say:
=======================
If you want to protect the jobs for your people, please do it. You have every right. But please dont dump the people you officially invited to augument the workforce of your country into the waters. Before you bring in additional workers to support your companies, do necessary corrections in your immigration policies to let them in only with green card. Dont strangulate their careers. Your existing policies have been burning the aspirations and careers of a lot of innocent people from India and China.
To those innocent legal foreign workers that have already gathered 40 points in SS, you owe them. They deserve citizenship, not green card. I know it is jumping across multitude of issues, but is it not fair.
I have been working here for 9 years and next year we plan to return back to India. I spoke to SSN customer service to find out my retirement and survivor benefits. Being an Indian citizen, all these are available only if me, or my dependants, have a valid residing status with the US, at the time of making the application. The contribution at this point is like getting a right to work. This is outrageous.
We all have been legally invited into this country for a work, and that means the US gov should protect our legal and fair interests. It is universally true that everyone works to protect his family. Now here is a case, where I have no right to my retirement money just because I dont have a legal resident status. Whose fault is this. I already made the application 6 years ago. If my home country does not have the comparable SSN structure, then return the money back? We will pay the taxes and take the money back. Our kids need it.
I dont know what is the appropriate channel to get this fixed. This appears more like human rights violation, or abuse. I am sure there are many in this forum who are in the same boat as I am. Can someone team up with me to do more research or share your discoveries.
To the US, this is what I got to say:
=======================
If you want to protect the jobs for your people, please do it. You have every right. But please dont dump the people you officially invited to augument the workforce of your country into the waters. Before you bring in additional workers to support your companies, do necessary corrections in your immigration policies to let them in only with green card. Dont strangulate their careers. Your existing policies have been burning the aspirations and careers of a lot of innocent people from India and China.
To those innocent legal foreign workers that have already gathered 40 points in SS, you owe them. They deserve citizenship, not green card. I know it is jumping across multitude of issues, but is it not fair.
