GCInThisLife
07-19 02:17 PM
UN,
Sorry for sending the PM.
This link was provided in another thread regarding H1B status. Not entirely sure what it means.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a62bec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD
Q : Must an H-1B alien be working at all times?
As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.
Sorry for sending the PM.
This link was provided in another thread regarding H1B status. Not entirely sure what it means.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a62bec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD
Q : Must an H-1B alien be working at all times?
As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.
wallpaper Lionel Messi Desktop Wallpaper
NKR
10-03 04:09 PM
The choice between Obama and Mccain is not good and better but between worse and worst, or lesser of the two evils. Mccain might not do anything for us but he might not do anything bad either, with Obama\Dirbin CIR there is only bad and nothing good for EB.
Let us give Obama a chance and see what he does… We are already in deep shit and nothing worse can happen
Let us give Obama a chance and see what he does… We are already in deep shit and nothing worse can happen
Beemar
12-27 03:25 PM
Pakistan is increasing behaving like a psychopath who is suicidal and homicidal at the same time. Terror attacks like Mumbai are really a desperate cry for help. You know, like, stop me or I will do this again! Stop me before I hurt myself!
It is so much obsessively in love with Kashmir that even Kashmiris are getting jitters about its fatal attraction. Kashmiris are like, you know, this guy Pakistan gives me creeps. He is always staring at me, following me..
The world needs to intervene now! Not when Pakistan ends up in the inevitable tragedy.
It is so much obsessively in love with Kashmir that even Kashmiris are getting jitters about its fatal attraction. Kashmiris are like, you know, this guy Pakistan gives me creeps. He is always staring at me, following me..
The world needs to intervene now! Not when Pakistan ends up in the inevitable tragedy.
2011 Lionel-Messi-wallpaper.jpg
indianindian2006
08-02 02:21 PM
United Nations,
I do not have words to express how knowledgeable I find you in immigration related questions,You are very good.
Please answer on simple question for me....
What will be consequences if we file 485 without employer letter.Is EVL a part of initial evidence.
I do not have words to express how knowledgeable I find you in immigration related questions,You are very good.
Please answer on simple question for me....
What will be consequences if we file 485 without employer letter.Is EVL a part of initial evidence.
more...
dontcareanymore
08-05 12:59 PM
What i mean is: Porting should not be an option based on the LENGTH OF WAITING TIME in EB3 status. That is what it is most commonly used for, thus causing a serious disadvantage to EB2 filers (who did not port).
"Employment Preference Categories" have very real legal groundings, and i intend to challenge the porting rule based on those facts.
If someone is unsatisfied with their EB3 application, they are more than welcome to start a fresh EB2 or EB1 application process, rather than try the porting subterfuge.
I hope i have made my point clear? Thanks.
And if you feel your esteemed queue is getting bigger you are more than welcome to leave this place.
"Employment Preference Categories" have very real legal groundings, and i intend to challenge the porting rule based on those facts.
If someone is unsatisfied with their EB3 application, they are more than welcome to start a fresh EB2 or EB1 application process, rather than try the porting subterfuge.
I hope i have made my point clear? Thanks.
And if you feel your esteemed queue is getting bigger you are more than welcome to leave this place.
nogc_noproblem
08-07 02:22 PM
You Work in Corporate America If...
You sat at the same desk for 4 years and worked for three different companies.
Your company welcome sign is attached with Velcro.
Your resume is on a diskette in your pocket.
Your company logo on your badge is applied with stick-um.
You order your business cards in "half orders" instead of whole boxes.
When someone asks about what you do for a living, you lie.
You get really excited about a 2% pay raise.
You learn about your layoff on CNN.
Your biggest loss from a system crash is that you lose your best jokes. :p
You sit in a cubicle smaller than your bedroom closet.
Salaries of the members on the Executive Board are higher than all the Third World countries' annual budgets combined.
You think lunch is just a meeting to which you drive.
It's dark when you drive to and from work.
Fun is when issues are assigned to someone else.
Communication is something your group is having problems with.
You see a good looking person and know they're a visitor.
Weekends are those days your significant other makes you stay home.
Art involves a white board.
You're already late on the assignment you just got.
You sat at the same desk for 4 years and worked for three different companies.
Your company welcome sign is attached with Velcro.
Your resume is on a diskette in your pocket.
Your company logo on your badge is applied with stick-um.
You order your business cards in "half orders" instead of whole boxes.
When someone asks about what you do for a living, you lie.
You get really excited about a 2% pay raise.
You learn about your layoff on CNN.
Your biggest loss from a system crash is that you lose your best jokes. :p
You sit in a cubicle smaller than your bedroom closet.
Salaries of the members on the Executive Board are higher than all the Third World countries' annual budgets combined.
You think lunch is just a meeting to which you drive.
It's dark when you drive to and from work.
Fun is when issues are assigned to someone else.
Communication is something your group is having problems with.
You see a good looking person and know they're a visitor.
Weekends are those days your significant other makes you stay home.
Art involves a white board.
You're already late on the assignment you just got.
more...
Macaca
05-01 05:49 PM
The New Virtual Political System (http://www.cfr.org/china/china-new-virtual-political-system/p24805) By Elizabeth C. Economy and Jared Mondschein | Council on Foreign Relations
As uprisings spread throughout the Middle East during the early months of 2011, a small band of Chinese citizens and expatriates began to call for their own Jasmine Revolution. Like their African and Middle Eastern counterparts, these activists used the Internet to urge people to gather in support of political change. However, unlike in Tunisia, Egypt, or Libya, security forces in China quickly locked down the proposed demonstration sites and arrested anyone thought to be a potential source of unrest. The demonstrations proved ephemeral, with many more police than protesters. It was a massive deployment of China�s public security forces that signaled not only the power of the country�s security apparatus but also the enormous insecurity of the country�s leaders and their concern about the organizing power of the Internet.
While the Internet may not have produced a revolution in China�s political system, it most certainly is producing an evolution. The Internet has become a virtual political system, providing an almost unprecedented level of transparency, rule of law, and official accountability. With over 450 million Chinese Internet users�and the number is increasing daily�information crosses gender, age, professional, and provincial boundaries in ways that Beijing often considers threatening. News of government corruption and cover-ups go viral in a matter of minutes, forcing the government to think quickly and flexibly and react decisively�not traditionally strengths of China�s political system.
Netizens Demand Change
What do the Chinese people want? Nothing unusual. They want their concerns heard and addressed. Chinese nationalists, for example, often rally support for their causes via the Internet. Anti-Japanese sentiment, in particular, has been a recurring theme among online Chinese nationalists. Periodically, Chinese nationalists have taken to the Internet and the street�often in very large numbers�to protest historical inaccuracies in Japanese textbooks and to call for retribution. Nationalists have also initiated anti-Japanese protests after recent territorial disputes in the South China Sea, perhaps encouraging the government to adopt a tougher stance in its negotiations with Japan.
Yet online activism in China is the domain not only of the nationalist but also of the political reformer. Much of what transpires on the Web in China is bringing transparency to the political system. In late 2010, Chinese netizens contradicted official reports by covering a significant environmental disaster in Jilin province, where thousands of barrels of pollutants were dumped into a water source by a local chemical plant. In the ten days that it took Chinese officials to admit to the disaster, thousands of citizens were informed of the cover-up via the Internet. They responded by purchasing a massive amount of bottled water and angrily denouncing the government�s inaction. It was only after citizens refused to believe the official stories that the government finally acknowledged the disaster and handed out free bottles of water to those in the afflicted areas. Similarly, a year earlier in Guangzhou, online transparency had caused a reversal in local government policy. Middle-class-led protests over a planned incinerator were picked up by young online netizens, who then spread the news through social media websites. Even though the activists, themselves, were not affected by the plans, they wanted the word to get out. Once enough citizens became involved, the government agreed to halt the project until a full environmental assessment was completed.1
The Internet has also become a means of holding officials accountable. In a now-famous case, in October 2010, Li Qiming, the son of a local deputy police chief. Li Gang, ran over two Hebei University students in his car while drunk�fatally injuring one and breaking the other�s leg. As he tried to escape the scene, he yelled out, �Sue me if you dare. My father is Li Gang!� Communist officials attempted to suppress information about the event but failed, as netizens from all over the country latched onto Li Qiming�s threat. Despite official reports alleging that the victim�s families were content with the government�s handling of the situation and with public apologies from both father and son, the online activists demanded (and got) more: Li Qiming was sentenced to six years in prison, his family was forced to pay over $70,000 to the families of the two students, and much of China�s online population has adopted the phrase �My father is Li Gang� as a shorthand for the widely held belief that the powerful and politically connected do not have to face the consequences of their actions.
In this way, online activism can also promote a form of the rule of law�albeit one that often resembles vigilante justice. During the summer of 2010, for example, Chinese reporter Qiu Ziming was forced into hiding after police placed him on a wanted list for writing critical stories about a local business. Qiu took his case to his blog, and a poll on Chinese website Sina.com recorded that of the more than thirty thousand people polled, 86 percent opposed the police pursuit of Qiu.2 Bowing to public pressure, the government rescinded the order of arrest and ordered the police to apologize to the reporter.
Microblogs such as Twitter and Weibo, despite being heavily censored or even blocked, have become particularly politicized Internet venues, especially among middle-class urban youth. According to the popular netizen Michael Anti, microblogs are the most important political organizing force in China today. Anti notes that through Twitter, over 1.4 million yuan were raised for the Open Constitution Initiative (Gongmeng), an NGO of rights defense lawyers. He also points to the uncensored discussion held between the Dalai Lama and Chinese citizens in May 2010 as an example of the political influence that Twitter can exert. According to Anti, the people who participated stopped referring to the Dalai Lama as Dalai and now call him by the more respectful Dalai Lama.3 With over 120 million microblogs in China, censors haven�t yet discovered a viable long-term response and are generally reduced to attempting stop-gap measures to block certain news from going viral.4
The Party�s Response: Nailing Tofu to the Wall
Despite the inherent challenge of �trying to nail Jell-O to the wall,� as former president Bill Clinton once characterized China�s attempts to regulate cyberspace, China�s leaders are committed to controlling this evolving virtual political system. While they see the advantage of the Internet as a medium for better understanding the views of the Chinese people, their overwhelming objective is to prevent the Internet from contributing to a broad-based call for political change. To this end, Beijing has deployed both Internet police to monitor traffic and insert government opinion and the full range of technical solutions to shut down websites or blogs that the party views as particularly destabilizing.
Beijing has also sought to use the Internet to engage with the populace as a transmission vehicle from the party to the people. In what is now commonly referred to as �AstroTurf advocacy,� Internet police often add favorable opinions of the government to various social media websites under the guise of grassroots support by anonymous citizens. The party has also had its top leaders participate in Internet chats in a bid to show its engagement with the growing online community. Both President Hu Jintao and Premier Wen Jiabao have engaged in online chats, with the latter receiving almost ninety thousand questions from a massive online audience in only two hours. However, efforts to make such Internet engagement a permanent feature of Beijing�s interaction with the Chinese people have faltered in the face of often politically sensitive questions from the Internet public.
For China�s leaders, who are already confronting over one hundred thousand protests annually,5 the Internet adds another layer of uncertainty in their bid to manage an increasingly restive society. While Beijing haltingly pushes greater transparency, the rule of law, and official accountability within the political system, the Internet forces it upon them. In the end, political evolution via the Internet may produce its own form of system revolution.
Malcolm Moore, �China�s middle-class rise up in environmental protest,� Daily Telegraph, November 23, 2009.
�Public outcry forces Chinese police to revoke arrest warrant on journalist,� Times of India, July 31, 2010.
Elizabeth C. Economy, �Nobel Peace Laureate Liu Xiaobo and the Future of Political Reform in China,� testimony before the Congressional-Executive Commission on China, November 9, 2010.
Keith B. Richburg, �In China, microblogging sites become free-speech platform,� Washington Post, March 27, 2011.
Murray Scot Tanner, �Unrest in China and the Chinese State�s Institutional Responses,� testimony before the U.S.-China Economic and Security Review Commission, February 25, 2011.
As uprisings spread throughout the Middle East during the early months of 2011, a small band of Chinese citizens and expatriates began to call for their own Jasmine Revolution. Like their African and Middle Eastern counterparts, these activists used the Internet to urge people to gather in support of political change. However, unlike in Tunisia, Egypt, or Libya, security forces in China quickly locked down the proposed demonstration sites and arrested anyone thought to be a potential source of unrest. The demonstrations proved ephemeral, with many more police than protesters. It was a massive deployment of China�s public security forces that signaled not only the power of the country�s security apparatus but also the enormous insecurity of the country�s leaders and their concern about the organizing power of the Internet.
While the Internet may not have produced a revolution in China�s political system, it most certainly is producing an evolution. The Internet has become a virtual political system, providing an almost unprecedented level of transparency, rule of law, and official accountability. With over 450 million Chinese Internet users�and the number is increasing daily�information crosses gender, age, professional, and provincial boundaries in ways that Beijing often considers threatening. News of government corruption and cover-ups go viral in a matter of minutes, forcing the government to think quickly and flexibly and react decisively�not traditionally strengths of China�s political system.
Netizens Demand Change
What do the Chinese people want? Nothing unusual. They want their concerns heard and addressed. Chinese nationalists, for example, often rally support for their causes via the Internet. Anti-Japanese sentiment, in particular, has been a recurring theme among online Chinese nationalists. Periodically, Chinese nationalists have taken to the Internet and the street�often in very large numbers�to protest historical inaccuracies in Japanese textbooks and to call for retribution. Nationalists have also initiated anti-Japanese protests after recent territorial disputes in the South China Sea, perhaps encouraging the government to adopt a tougher stance in its negotiations with Japan.
Yet online activism in China is the domain not only of the nationalist but also of the political reformer. Much of what transpires on the Web in China is bringing transparency to the political system. In late 2010, Chinese netizens contradicted official reports by covering a significant environmental disaster in Jilin province, where thousands of barrels of pollutants were dumped into a water source by a local chemical plant. In the ten days that it took Chinese officials to admit to the disaster, thousands of citizens were informed of the cover-up via the Internet. They responded by purchasing a massive amount of bottled water and angrily denouncing the government�s inaction. It was only after citizens refused to believe the official stories that the government finally acknowledged the disaster and handed out free bottles of water to those in the afflicted areas. Similarly, a year earlier in Guangzhou, online transparency had caused a reversal in local government policy. Middle-class-led protests over a planned incinerator were picked up by young online netizens, who then spread the news through social media websites. Even though the activists, themselves, were not affected by the plans, they wanted the word to get out. Once enough citizens became involved, the government agreed to halt the project until a full environmental assessment was completed.1
The Internet has also become a means of holding officials accountable. In a now-famous case, in October 2010, Li Qiming, the son of a local deputy police chief. Li Gang, ran over two Hebei University students in his car while drunk�fatally injuring one and breaking the other�s leg. As he tried to escape the scene, he yelled out, �Sue me if you dare. My father is Li Gang!� Communist officials attempted to suppress information about the event but failed, as netizens from all over the country latched onto Li Qiming�s threat. Despite official reports alleging that the victim�s families were content with the government�s handling of the situation and with public apologies from both father and son, the online activists demanded (and got) more: Li Qiming was sentenced to six years in prison, his family was forced to pay over $70,000 to the families of the two students, and much of China�s online population has adopted the phrase �My father is Li Gang� as a shorthand for the widely held belief that the powerful and politically connected do not have to face the consequences of their actions.
In this way, online activism can also promote a form of the rule of law�albeit one that often resembles vigilante justice. During the summer of 2010, for example, Chinese reporter Qiu Ziming was forced into hiding after police placed him on a wanted list for writing critical stories about a local business. Qiu took his case to his blog, and a poll on Chinese website Sina.com recorded that of the more than thirty thousand people polled, 86 percent opposed the police pursuit of Qiu.2 Bowing to public pressure, the government rescinded the order of arrest and ordered the police to apologize to the reporter.
Microblogs such as Twitter and Weibo, despite being heavily censored or even blocked, have become particularly politicized Internet venues, especially among middle-class urban youth. According to the popular netizen Michael Anti, microblogs are the most important political organizing force in China today. Anti notes that through Twitter, over 1.4 million yuan were raised for the Open Constitution Initiative (Gongmeng), an NGO of rights defense lawyers. He also points to the uncensored discussion held between the Dalai Lama and Chinese citizens in May 2010 as an example of the political influence that Twitter can exert. According to Anti, the people who participated stopped referring to the Dalai Lama as Dalai and now call him by the more respectful Dalai Lama.3 With over 120 million microblogs in China, censors haven�t yet discovered a viable long-term response and are generally reduced to attempting stop-gap measures to block certain news from going viral.4
The Party�s Response: Nailing Tofu to the Wall
Despite the inherent challenge of �trying to nail Jell-O to the wall,� as former president Bill Clinton once characterized China�s attempts to regulate cyberspace, China�s leaders are committed to controlling this evolving virtual political system. While they see the advantage of the Internet as a medium for better understanding the views of the Chinese people, their overwhelming objective is to prevent the Internet from contributing to a broad-based call for political change. To this end, Beijing has deployed both Internet police to monitor traffic and insert government opinion and the full range of technical solutions to shut down websites or blogs that the party views as particularly destabilizing.
Beijing has also sought to use the Internet to engage with the populace as a transmission vehicle from the party to the people. In what is now commonly referred to as �AstroTurf advocacy,� Internet police often add favorable opinions of the government to various social media websites under the guise of grassroots support by anonymous citizens. The party has also had its top leaders participate in Internet chats in a bid to show its engagement with the growing online community. Both President Hu Jintao and Premier Wen Jiabao have engaged in online chats, with the latter receiving almost ninety thousand questions from a massive online audience in only two hours. However, efforts to make such Internet engagement a permanent feature of Beijing�s interaction with the Chinese people have faltered in the face of often politically sensitive questions from the Internet public.
For China�s leaders, who are already confronting over one hundred thousand protests annually,5 the Internet adds another layer of uncertainty in their bid to manage an increasingly restive society. While Beijing haltingly pushes greater transparency, the rule of law, and official accountability within the political system, the Internet forces it upon them. In the end, political evolution via the Internet may produce its own form of system revolution.
Malcolm Moore, �China�s middle-class rise up in environmental protest,� Daily Telegraph, November 23, 2009.
�Public outcry forces Chinese police to revoke arrest warrant on journalist,� Times of India, July 31, 2010.
Elizabeth C. Economy, �Nobel Peace Laureate Liu Xiaobo and the Future of Political Reform in China,� testimony before the Congressional-Executive Commission on China, November 9, 2010.
Keith B. Richburg, �In China, microblogging sites become free-speech platform,� Washington Post, March 27, 2011.
Murray Scot Tanner, �Unrest in China and the Chinese State�s Institutional Responses,� testimony before the U.S.-China Economic and Security Review Commission, February 25, 2011.
2010 makeup messi wallpapers,soccer
srkamath
07-13 12:16 PM
It may be possible to the Sec.of DHS or the President to issue an executive order to allow a "processing grace period" that extends the visa allotment past Sep30th for a given year for those cases where processing had already begun on or before Sep30th.
This is a small incremental step - but it may help with using up a few 1000 extra numbers.
This is a small incremental step - but it may help with using up a few 1000 extra numbers.
more...
dontcareanymore
08-05 02:16 PM
Good points, but let me put a counter argument. Two people , one is named SunnySurya and the other is named Mr XYZ. Both came to the USA at the same time in 1999. The difference was SunnySurya came here for his masters and the other guy came here through shady means.
Mr XYZ was able to file his green card in 2002 in EB3 category based on his shady arrangements with his employer, whereas Mr SunnySurya continued to do right and socially acceptable things i.e. studied, got a job and then after several years this big company filled his green card in EB2 category in 2006.
On the other hand after strugling for several years Mr. XYZ has collected enough years on his resume to be elligible for EB2. Now he want to port his PD
SunnySurya's PD is 2006 and Mr. XYZ PD is 2002. Now if Mr. XYZ want to stand in EB2 line, I wonder what problems SunnySurya can have???:confused:
And let me add another twist to the story.
The Guy with Masters degree is working with a desi sweatshop and convinced his masters (No pun) to file for Eb2 even though his job duties were just dish out code like a high school grad can do. On the other hand there was another guy who was in US for a decade , gone though masters degree and got a very good job in a very good company. He was eligible for EB2 but his only mistake was to not force the company to file a EB2 case or even worse his lawyer makes a mistake and files under Eb3 even though the job he was in and he are qualified as Eb2. The company wants to make amends now by filing a EB2 case and first MS guy (sweatshop guy) wants him to start again and wait for another decade.
The kicker : The sweat shop labor guy works in the same company as contractor and reports to the second guy and in the same reporting chain, just two levels below him.
How about another story :
Both guys go to the same engg school back home. One guy passed with distinction and got a job immediately in a respectable company immediately. Other guy takes two additional years to finish the degree , but his dad was rich enough to send him to the US to complete the MS and now he thinks he is smarter than every one else and needs a special place in the queue.
You can come up with 100s of stories if not more. Therefore you can't generalize. Just don't think all those who filed under EB2 first are with MS and smarter than others and all those who are Eb3 are here by shady means.
Mr XYZ was able to file his green card in 2002 in EB3 category based on his shady arrangements with his employer, whereas Mr SunnySurya continued to do right and socially acceptable things i.e. studied, got a job and then after several years this big company filled his green card in EB2 category in 2006.
On the other hand after strugling for several years Mr. XYZ has collected enough years on his resume to be elligible for EB2. Now he want to port his PD
SunnySurya's PD is 2006 and Mr. XYZ PD is 2002. Now if Mr. XYZ want to stand in EB2 line, I wonder what problems SunnySurya can have???:confused:
And let me add another twist to the story.
The Guy with Masters degree is working with a desi sweatshop and convinced his masters (No pun) to file for Eb2 even though his job duties were just dish out code like a high school grad can do. On the other hand there was another guy who was in US for a decade , gone though masters degree and got a very good job in a very good company. He was eligible for EB2 but his only mistake was to not force the company to file a EB2 case or even worse his lawyer makes a mistake and files under Eb3 even though the job he was in and he are qualified as Eb2. The company wants to make amends now by filing a EB2 case and first MS guy (sweatshop guy) wants him to start again and wait for another decade.
The kicker : The sweat shop labor guy works in the same company as contractor and reports to the second guy and in the same reporting chain, just two levels below him.
How about another story :
Both guys go to the same engg school back home. One guy passed with distinction and got a job immediately in a respectable company immediately. Other guy takes two additional years to finish the degree , but his dad was rich enough to send him to the US to complete the MS and now he thinks he is smarter than every one else and needs a special place in the queue.
You can come up with 100s of stories if not more. Therefore you can't generalize. Just don't think all those who filed under EB2 first are with MS and smarter than others and all those who are Eb3 are here by shady means.
hair Lionel messi WALLPAPER
unitednations
07-08 05:31 PM
united nations,
welcome back. it would be interesting to hear your views on the whole July VB fiasco and it's aftermath. thanks!
I along with everyone was pretty surprised that they moved the dates in the june bulletin; let alone the july bulletin.
The ombudsmen report had nothing new in it; he has been saying the same thing for a few years now.
Go back to June 2005 when the bulletin for July 2005 came out and it made eb3 unavailable. Any time a total category goes unavailable that means that the oversubscribed countries should not have gotten more then 7%. ROW cannot be sacrificied under the current law for the oversubscribed countries.
Back in 2005; row was sacrificied. Next time october bulletin came about; they learned their lesson and followed the law exactly the way it was supposed to be; more cases pending then approvable per quarter then hard country quota of 7%. The statistics that came out for fiscal year ended September 2006 was directly correlated to how the law is written.
This year; everything was moving the same way. the unused from ROW should be spilled over in the fourt quarter for use by oversubscribed countries. This is not my opinion but the actual law says this.
Now; when department of state moved the visa bulletin for june; eb3 row still wasn't current; which means hard country quota of 7% and no spillover from eb1 row or eb2 row until July. This can't be done on a whim; regardless of whether this may cause unused visas; it is the law plain and simple.
Now; what department of state and uscis did to correct the mistake is a great piece of americana and how the system works here. that is; we didn't expect you to make the dates current; we will lose a lot of revenue; so how can we correct the situation; to correct the situation; they need to approve enough cases to take up enough visas to go unavailable. This is what they were proabably instructed and did their best to get there.
If they didn't use up the visas then that is where the lawsuit would be won.
A big part of this lawsuit during discovery or Q&A would be how the whole visa allocation is done. If it is determined as a side issue that the spillover happened way too early and they broke the law by giving more then 7% of the visas to the oversubscribed countries then that is definitely a death blow to the people who are really being overzealous right now in the criticisms of dos/uscis.
If this does come out and i can't see why it wouldn't come out then what is uscis to do? rescind approvals? and re-allocate to rest of the world?
The unused visas is a big problem in AC21; in that it can only happen in fourth quarter and there isn't enough time to approve cases and let them go to waste.
This might be a catalyst to change the spillover and carryover of greencards from one year to the next.
----------------------------------------------------
I am of the opinion that what happened in june 2007 actually helped greatly the oversubscribed countries in probably advancing the dates for next fiscal year as many people got approved who probably shouldn't have.
However; it reamins to be seen whether uscis/dos will go to strictly following the country caps and spillover like they did in October 2005 to September 2006. If this is the case then it could be a very long road indeed for people with 2005-2007 priority dates.
welcome back. it would be interesting to hear your views on the whole July VB fiasco and it's aftermath. thanks!
I along with everyone was pretty surprised that they moved the dates in the june bulletin; let alone the july bulletin.
The ombudsmen report had nothing new in it; he has been saying the same thing for a few years now.
Go back to June 2005 when the bulletin for July 2005 came out and it made eb3 unavailable. Any time a total category goes unavailable that means that the oversubscribed countries should not have gotten more then 7%. ROW cannot be sacrificied under the current law for the oversubscribed countries.
Back in 2005; row was sacrificied. Next time october bulletin came about; they learned their lesson and followed the law exactly the way it was supposed to be; more cases pending then approvable per quarter then hard country quota of 7%. The statistics that came out for fiscal year ended September 2006 was directly correlated to how the law is written.
This year; everything was moving the same way. the unused from ROW should be spilled over in the fourt quarter for use by oversubscribed countries. This is not my opinion but the actual law says this.
Now; when department of state moved the visa bulletin for june; eb3 row still wasn't current; which means hard country quota of 7% and no spillover from eb1 row or eb2 row until July. This can't be done on a whim; regardless of whether this may cause unused visas; it is the law plain and simple.
Now; what department of state and uscis did to correct the mistake is a great piece of americana and how the system works here. that is; we didn't expect you to make the dates current; we will lose a lot of revenue; so how can we correct the situation; to correct the situation; they need to approve enough cases to take up enough visas to go unavailable. This is what they were proabably instructed and did their best to get there.
If they didn't use up the visas then that is where the lawsuit would be won.
A big part of this lawsuit during discovery or Q&A would be how the whole visa allocation is done. If it is determined as a side issue that the spillover happened way too early and they broke the law by giving more then 7% of the visas to the oversubscribed countries then that is definitely a death blow to the people who are really being overzealous right now in the criticisms of dos/uscis.
If this does come out and i can't see why it wouldn't come out then what is uscis to do? rescind approvals? and re-allocate to rest of the world?
The unused visas is a big problem in AC21; in that it can only happen in fourth quarter and there isn't enough time to approve cases and let them go to waste.
This might be a catalyst to change the spillover and carryover of greencards from one year to the next.
----------------------------------------------------
I am of the opinion that what happened in june 2007 actually helped greatly the oversubscribed countries in probably advancing the dates for next fiscal year as many people got approved who probably shouldn't have.
However; it reamins to be seen whether uscis/dos will go to strictly following the country caps and spillover like they did in October 2005 to September 2006. If this is the case then it could be a very long road indeed for people with 2005-2007 priority dates.
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lvgc
07-14 01:29 PM
Table 6 at
http://www.dhs.gov/ximgtn/statistics/publications/LPR07.shtm
http://www.dhs.gov/ximgtn/statistics/publications/LPR07.shtm
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hpandey
09-26 09:59 AM
All this is going to happen in the very first year itself. Obama has already said CIR would be his priority for his first year. Dick Durbin and Obama will "reform" the EB system exactly the way you described below. In 2008 we have seen some eb friendly bills introduced by lofgren like visa recapture and exemption for STEM. Once Obama becomes president(which is almost a certainty) he will outsource the EB issues to Dick Durbin and he will make sure none of the EB friendly issues like visa recapture and exemption for STEM will happen. In addition obama and durbin will make our lives miserable with draconian restrictions on EB. We are alreday seeing USCIS denying AC21 485 (there is a seperate thread on this). If situation is like this now just imagine how horrible it would be with Obama and durbin.
Last time the CIR bill died because a lot of people are against granting amnesty to illegal immigrants ( both Republicans and democrats ) . The president alone ( read Obama ) cannot decide that he wants to pass this bill because remember last year Bush was strongly in favour of the CIR bill and even had a conference with Senate leaders to push it through but it failed . The politicians know that the American people don't like the bill but they have to show that they are concerned with solving the illegal immigrant issue. This CIR bill is only a political gimmick. It came into picture because of the upcoming elections and next year I am pretty sure with no more elections the interest would not be that much to get it passed ( although I am sure there will be a lot of people interested in getting it to the House and the Senate ).
As someone said before if they try to bring some anti - highly skilled workers bill then the big companies are sure to cry out loud ( Microsoft , Cisco , Oracle etc etc ) and the politicians don't listen to us but they will surely listen to them. They have got the clout to get themselves heard.
Last time the CIR bill died because a lot of people are against granting amnesty to illegal immigrants ( both Republicans and democrats ) . The president alone ( read Obama ) cannot decide that he wants to pass this bill because remember last year Bush was strongly in favour of the CIR bill and even had a conference with Senate leaders to push it through but it failed . The politicians know that the American people don't like the bill but they have to show that they are concerned with solving the illegal immigrant issue. This CIR bill is only a political gimmick. It came into picture because of the upcoming elections and next year I am pretty sure with no more elections the interest would not be that much to get it passed ( although I am sure there will be a lot of people interested in getting it to the House and the Senate ).
As someone said before if they try to bring some anti - highly skilled workers bill then the big companies are sure to cry out loud ( Microsoft , Cisco , Oracle etc etc ) and the politicians don't listen to us but they will surely listen to them. They have got the clout to get themselves heard.
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SunnySurya
12-22 04:32 PM
My feeble mind is unable to decipher your point, please explain a sentence a two.
Only thing I know is group of 10 killed 300 in Mumbai
and group of 21 killed 2000 in New York
Where is the gray in there?
Alright! Let us be adults. It is like Sri Lanka going all over and telling the world that LTTE is as lethal as Al Qaida and is a threat to US, UK, Israel and Europe. Although US and UK has declared them as terrorist organization, I think it was more because they had a hand in Rajiv Gandhi's assasination.
Agreed, LTTE is a terror org and their issue is Sinhalese treatment of Tamils.
(another example of the tyranny of the majority against minority) .
Lankans may be followers of Buddha but when it came to Tamils, they were far from being a Buddha and more like anti-buddha!
And Israel did the same thing too. It projected its conflict with Palestinians as part of Bush's global war on terror, the centre piece of which was a war-of-choice in Iraq. Russians tried to project their conflict in Chechnya as part of Global war on terror. Now Georgia is trying to project it as a victim. The line between aggressor and the victim is becoming increasingly blurred. That is the reason I believe, this issue is much more than black and white with a shade of Gray all over it. We can argue till the cows come home but until the countries understand the motivation of (any) enemy, the enemy is not going to be defeated.
Only thing I know is group of 10 killed 300 in Mumbai
and group of 21 killed 2000 in New York
Where is the gray in there?
Alright! Let us be adults. It is like Sri Lanka going all over and telling the world that LTTE is as lethal as Al Qaida and is a threat to US, UK, Israel and Europe. Although US and UK has declared them as terrorist organization, I think it was more because they had a hand in Rajiv Gandhi's assasination.
Agreed, LTTE is a terror org and their issue is Sinhalese treatment of Tamils.
(another example of the tyranny of the majority against minority) .
Lankans may be followers of Buddha but when it came to Tamils, they were far from being a Buddha and more like anti-buddha!
And Israel did the same thing too. It projected its conflict with Palestinians as part of Bush's global war on terror, the centre piece of which was a war-of-choice in Iraq. Russians tried to project their conflict in Chechnya as part of Global war on terror. Now Georgia is trying to project it as a victim. The line between aggressor and the victim is becoming increasingly blurred. That is the reason I believe, this issue is much more than black and white with a shade of Gray all over it. We can argue till the cows come home but until the countries understand the motivation of (any) enemy, the enemy is not going to be defeated.
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unitednations
03-25 12:35 PM
Oh, and I think I should elaborate just a little more.
I am not asking whether the USCIS can or cannot exercise scrutiny on approving 485s where a person, under AC21 provision, switches to a small consulting company.
Of course they can, the 485 is for a full time job, and whether a job with a small consulting company is of a full time nature or not, is up in the air and they can 'scrutinize' it all they want, if they choose to.
My question to UN is whether he thinks if they will choose to go after 485 AC21 job switches to small consulting companies like he thinks they will for small consulting company H-1Bs, and not whether they can.
Thanks again,
You see on all these ac21 issues we rely on uscis memos. Every one of these memos state pending change to the regulations; we are going to follow the principles of this memo.
it has been 8 years and they still haven't changed the regulations. Memos can be changed at their whim at any time.
Currently; uscis position is that if someone ports to another company; they are not supposed to check the ability to pay criteria. However; they left themselvees an out that theey can check the genuineness of the ac21 employer. Becasuse of this last statement; what they have been doing is asking for ac21 employer tax returuns, and quarterly wage reports. If you are already on payroll then size of company doesn't matter. However; if you are not on payrroll and it is a very small company then they can challnge it.
btw; I am not epecting quota to finish early this year. Many companies/lawyers are very frustrated with h-1b right now. I was talking to education evaluator and he told me that there is litteally no business right now. Companies I know of how filed 70 cases last year are not filing any this year due to a combination of issues (iowa issue, lack of approvals and great demand for tansfers by thos who were laid off or had theirr h-1b's cancelled.
Right now; newer companies who don't have much experience with h-1b are going into the lions den without knowing there is a lion in there.
I am not asking whether the USCIS can or cannot exercise scrutiny on approving 485s where a person, under AC21 provision, switches to a small consulting company.
Of course they can, the 485 is for a full time job, and whether a job with a small consulting company is of a full time nature or not, is up in the air and they can 'scrutinize' it all they want, if they choose to.
My question to UN is whether he thinks if they will choose to go after 485 AC21 job switches to small consulting companies like he thinks they will for small consulting company H-1Bs, and not whether they can.
Thanks again,
You see on all these ac21 issues we rely on uscis memos. Every one of these memos state pending change to the regulations; we are going to follow the principles of this memo.
it has been 8 years and they still haven't changed the regulations. Memos can be changed at their whim at any time.
Currently; uscis position is that if someone ports to another company; they are not supposed to check the ability to pay criteria. However; they left themselvees an out that theey can check the genuineness of the ac21 employer. Becasuse of this last statement; what they have been doing is asking for ac21 employer tax returuns, and quarterly wage reports. If you are already on payroll then size of company doesn't matter. However; if you are not on payrroll and it is a very small company then they can challnge it.
btw; I am not epecting quota to finish early this year. Many companies/lawyers are very frustrated with h-1b right now. I was talking to education evaluator and he told me that there is litteally no business right now. Companies I know of how filed 70 cases last year are not filing any this year due to a combination of issues (iowa issue, lack of approvals and great demand for tansfers by thos who were laid off or had theirr h-1b's cancelled.
Right now; newer companies who don't have much experience with h-1b are going into the lions den without knowing there is a lion in there.
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dartkid31
05-24 12:46 PM
Folks,
I think if you one wants to eliminate or significantly reduce the number of H1B's or immigrant visas, then you can go ahead and label that person "anti-immigrant". I would be with you, saying that is definitely negative to America.
So far I haven't seen Lou Dobbs doing that though. All the time I watch the program I see that man bringing up legitimate concerns. Lou Dobbs is a hero for Americans. The fact is that in general, wages have been stagnated for the last five years. What I have seen Lou Dobbs bringing up is that H1B numbers should not be increased. Don't you think that is a fair and rational approach ? Tell me. Honestly, when I learned this provision that they want to increase H1B visas at 20% every year, that appeared quite of a stretch to me. Folks, please be more rational and thoughtful please ?
"Folks, please be more rational and thoughtful please ?"
I think thoughtful and rational are NOT two words you would use to describe a Lou Dobbs broadcast. :D
Extremely one sided, hateful, demagogry, those words would be more accurate.
I think if you one wants to eliminate or significantly reduce the number of H1B's or immigrant visas, then you can go ahead and label that person "anti-immigrant". I would be with you, saying that is definitely negative to America.
So far I haven't seen Lou Dobbs doing that though. All the time I watch the program I see that man bringing up legitimate concerns. Lou Dobbs is a hero for Americans. The fact is that in general, wages have been stagnated for the last five years. What I have seen Lou Dobbs bringing up is that H1B numbers should not be increased. Don't you think that is a fair and rational approach ? Tell me. Honestly, when I learned this provision that they want to increase H1B visas at 20% every year, that appeared quite of a stretch to me. Folks, please be more rational and thoughtful please ?
"Folks, please be more rational and thoughtful please ?"
I think thoughtful and rational are NOT two words you would use to describe a Lou Dobbs broadcast. :D
Extremely one sided, hateful, demagogry, those words would be more accurate.
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NKR
04-08 12:46 PM
If I buy a house today and loose 100K in value each year for 2 more years, how is it a savy investment? Savy investors buy low and sell high. Unless you are saying housing is not going to fall further, I am totally confused how it is an intelligent investment. Nightmare stories of the savy investors are all over the news.
If you want to debate that housing is not going to fall further, history is against you. There are housing bubbles in the past and they take years to correct. It doesn't happen in months. Has there been so much disparity between house price and income ever in history of US? Show me the proof why the prices would not fall further. Do you know what happened to the last housing bubble and how long it took to correct itself?
Don't tell me this time it is different. It is probably different because a fruit picker earning 20K income was able to buy a house for 500K with no down payment at the high of the bubble. It will be different this time because it will be the worst housing bubble ever. Please don't mislead people with false hope. It is their hard earned money.
Who said that if you buy a house today you will lose 100k this year and the in the next?. Where does it say so?. How did you come up with that figure?. Which fruit picker earning 20k bought a house worth 500k without a down payment?. Giving analogies and examples are fine, but try to make it more realistic. You are accusing somebody of misleading people, but look at what you are saying. Don�t try to scare people.
This might not be the right time to buy a house. After a couple of years when things start to look bright, then again you will come up with an excuse to not buy a house. Looks like you and alberto pinto might want to spend the rest of your lives in an apartment. That is fine too if that is what you guys want.
Keeping this thread alive has become Mr Pinto�s mission, it doesn�t matter if the person who opened this thread has already made a decision and moved on...
If you want to debate that housing is not going to fall further, history is against you. There are housing bubbles in the past and they take years to correct. It doesn't happen in months. Has there been so much disparity between house price and income ever in history of US? Show me the proof why the prices would not fall further. Do you know what happened to the last housing bubble and how long it took to correct itself?
Don't tell me this time it is different. It is probably different because a fruit picker earning 20K income was able to buy a house for 500K with no down payment at the high of the bubble. It will be different this time because it will be the worst housing bubble ever. Please don't mislead people with false hope. It is their hard earned money.
Who said that if you buy a house today you will lose 100k this year and the in the next?. Where does it say so?. How did you come up with that figure?. Which fruit picker earning 20k bought a house worth 500k without a down payment?. Giving analogies and examples are fine, but try to make it more realistic. You are accusing somebody of misleading people, but look at what you are saying. Don�t try to scare people.
This might not be the right time to buy a house. After a couple of years when things start to look bright, then again you will come up with an excuse to not buy a house. Looks like you and alberto pinto might want to spend the rest of your lives in an apartment. That is fine too if that is what you guys want.
Keeping this thread alive has become Mr Pinto�s mission, it doesn�t matter if the person who opened this thread has already made a decision and moved on...
more...
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akred
04-07 03:09 PM
Let me guess, you work at a R&D facility, right? May be, looking for the best way to fit in your individual situation. No offense meant, however, I would request IV and its membership to have a bigger perspective in dealing whit this bill. Otherwise, 500,000 people will be systematically purged from US. And that includes most people waiting for their green cards.
For sure, this bill is bad. However I do think that the H1B program should have some way of making a distinction between what is essentially a market access issue for foreign companies and a means for domestic companies to hire foreign talent.
For sure, this bill is bad. However I do think that the H1B program should have some way of making a distinction between what is essentially a market access issue for foreign companies and a means for domestic companies to hire foreign talent.
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gcgreen
08-06 02:22 PM
Relief in the form of no caps or country quotas. Earlier priority dates is kind of arbitrary IMHO.
This is a better proposition, asking for more relief to Masters or PHD guys makes more sense than asking USCIS to stop porting/interfiling and denying EB3 guys a chance to get faster GC after they have waited for many many years.
This is a better proposition, asking for more relief to Masters or PHD guys makes more sense than asking USCIS to stop porting/interfiling and denying EB3 guys a chance to get faster GC after they have waited for many many years.
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gimme_GC2006
03-23 01:12 PM
OK..people..the END OF SPECULATION..
I got the email..here are the details asked for..
and It appears, the email (@dhs.gov) came from someone who was working in the local office where our file is sitting..
1. current resume
2. copy of degree(s)
3. W2s since 2000
4. information relating to your first entry into the United States with your H1B visa (copy of I-94, copy of passport – admission stamp and biographic page, etc)
5. date of initial employment in the United States (per our conversation this was through XXX Company for a contract with ABC Inc)
6. copy of income tax returns from 2000 to the present (all that are available)
7. copies of work contracts since 2000
Now..should I send or hire a lawyer..what should be the best course..I have all details..except..work contracts from previous employers..currents one I can get
Any suggestions please?:mad:
I got the email..here are the details asked for..
and It appears, the email (@dhs.gov) came from someone who was working in the local office where our file is sitting..
1. current resume
2. copy of degree(s)
3. W2s since 2000
4. information relating to your first entry into the United States with your H1B visa (copy of I-94, copy of passport – admission stamp and biographic page, etc)
5. date of initial employment in the United States (per our conversation this was through XXX Company for a contract with ABC Inc)
6. copy of income tax returns from 2000 to the present (all that are available)
7. copies of work contracts since 2000
Now..should I send or hire a lawyer..what should be the best course..I have all details..except..work contracts from previous employers..currents one I can get
Any suggestions please?:mad:
pappu
07-15 06:55 AM
Why do you write 'I know this mess is depressing for EB3 folks' ?
Is IV not with Eb3 folks? Or are they not important.
Let me clear somethings.
Earning in higher 70Ks in the year 2003 and with over 5+ years of progressive experience, they still went ahead a filed my app under EB3. Was that a mistake? Not mine. My employer knew that Eb3 would be slower.
What happened? cases like mine were eye openers and learning experiences for comrades who were going to file and they filed under EB2, I asked friends and relatives and classmates of mine to file under Eb2.
Am i happy for them? No, I hate them. Of course, I am happy for them. Very very much.
So, why would you not fight for us?
If people like me and filers before me had not filed under EB3, and not shared our experiences, how would we have progressed?
Suddenly, 'You Eb3 folks are depressed' from 'We folks are depressed'. lol for chauvinism.
Answering some of the posts:
Decisions taken by an employer to file in EB3 or advice by the lawyer to file in EB3 instead of EB2 (even if you disagree with the lawyer) cannot be the basis for administration to change the rules. It is an 'employment based' system and employer files the petition for the employee. You cannot write in the letter to DOS that your employer filed for EB3 even though you qualify for EB2 and thus you are entitled for xyz. Administration can only work within the legal limits. They cannot create more visas. If you are going to ask for more visas, they will tell you it will be done via a bill so that the law is changed and EB3 gets more visas. And thus we have to go for bills like recapture, STEM exemption and country caps. We already ran the admin fix campaign precisely for that reason to get things that we can get without changing the law. Recapture was added after much thought even though we knew it is a long shot. If we want more visas, then it has to be done legislatively. If we plan to do something via administration, then our list of items must be thoroughly researched they must offer solutions within the current law. It should merely be a regulation that provides guidance on the current law. Each item in the admin fix campaign did that.
And please stop taking out your anger on IV or each other. Take it out on the system that has caused problems for all of us and help each other fix this system. IV is everyone and we need to work together to fix it.
Is IV not with Eb3 folks? Or are they not important.
Let me clear somethings.
Earning in higher 70Ks in the year 2003 and with over 5+ years of progressive experience, they still went ahead a filed my app under EB3. Was that a mistake? Not mine. My employer knew that Eb3 would be slower.
What happened? cases like mine were eye openers and learning experiences for comrades who were going to file and they filed under EB2, I asked friends and relatives and classmates of mine to file under Eb2.
Am i happy for them? No, I hate them. Of course, I am happy for them. Very very much.
So, why would you not fight for us?
If people like me and filers before me had not filed under EB3, and not shared our experiences, how would we have progressed?
Suddenly, 'You Eb3 folks are depressed' from 'We folks are depressed'. lol for chauvinism.
Answering some of the posts:
Decisions taken by an employer to file in EB3 or advice by the lawyer to file in EB3 instead of EB2 (even if you disagree with the lawyer) cannot be the basis for administration to change the rules. It is an 'employment based' system and employer files the petition for the employee. You cannot write in the letter to DOS that your employer filed for EB3 even though you qualify for EB2 and thus you are entitled for xyz. Administration can only work within the legal limits. They cannot create more visas. If you are going to ask for more visas, they will tell you it will be done via a bill so that the law is changed and EB3 gets more visas. And thus we have to go for bills like recapture, STEM exemption and country caps. We already ran the admin fix campaign precisely for that reason to get things that we can get without changing the law. Recapture was added after much thought even though we knew it is a long shot. If we want more visas, then it has to be done legislatively. If we plan to do something via administration, then our list of items must be thoroughly researched they must offer solutions within the current law. It should merely be a regulation that provides guidance on the current law. Each item in the admin fix campaign did that.
And please stop taking out your anger on IV or each other. Take it out on the system that has caused problems for all of us and help each other fix this system. IV is everyone and we need to work together to fix it.
zxcvb
07-17 10:37 PM
Hi UN,
What if the employee gets paid less than what is mentioned on the LCA on H1. Is that considered Out of Status?
Thanks in advance
What if the employee gets paid less than what is mentioned on the LCA on H1. Is that considered Out of Status?
Thanks in advance
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