visves
02-11 06:30 PM
There is also a 7 percent cap for each country. The sum of family and employment visas for china and india cannot exceed 25,000 approx as long as ROW is oversubscribed.
IF excess visa from EB2 ROW overflows to to EB2 china/india, this would clearly violate the 7 percent limit as the sum total consumption of visas by these countries would be well over the 7 percent of employment visas. Unless the overall demand for employment visas is less than what is available, the 7 percent would clearly apply.
The only thing that I feel might happen would be any unused EB1 china/india visas flowing down to EB2 china/india.
There is some massive confusion here. The Immigration and Nationality Act also says the following for EB3
-Quote
(3) Skilled workers, professionals, and other workers
(A) In general
Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), to the following classes of aliens who are not described in paragraph (2):
-End Quote
Read the term "Not to exceed 28.6 percent". So EB3 can't exceed 28.6 percent which means unused visas from EB2 cant all go to EB3. Since EB2 ROW is current, the unused EB2 visas should be coming to EB2 India & china as per AC21 law.. no?
We shouldn't assume that USCIS is too dumb to follow the law..
IF excess visa from EB2 ROW overflows to to EB2 china/india, this would clearly violate the 7 percent limit as the sum total consumption of visas by these countries would be well over the 7 percent of employment visas. Unless the overall demand for employment visas is less than what is available, the 7 percent would clearly apply.
The only thing that I feel might happen would be any unused EB1 china/india visas flowing down to EB2 china/india.
There is some massive confusion here. The Immigration and Nationality Act also says the following for EB3
-Quote
(3) Skilled workers, professionals, and other workers
(A) In general
Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), to the following classes of aliens who are not described in paragraph (2):
-End Quote
Read the term "Not to exceed 28.6 percent". So EB3 can't exceed 28.6 percent which means unused visas from EB2 cant all go to EB3. Since EB2 ROW is current, the unused EB2 visas should be coming to EB2 India & china as per AC21 law.. no?
We shouldn't assume that USCIS is too dumb to follow the law..
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gsc999
07-13 02:32 AM
This is the press release prepared with help from the Core. Please send it out to your friends, journalists and other contacts.
http://www.touchdownusa.org/SanJose/SanJoseRallyPR.pdf
Best of Luck for the rally.
--
Thanks for doing this. Just got back from making banners.
http://www.touchdownusa.org/SanJose/SanJoseRallyPR.pdf
Best of Luck for the rally.
--
Thanks for doing this. Just got back from making banners.
vdlrao
04-18 04:34 PM
This is just one example, which is showing that how, long waited, EB3 friends could port into EB2 with out any issues. CONGRATS JimyTomy for your new and colourful journey.
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gcisadawg
04-09 03:14 PM
i will go ahead and give my take on this based on my experience
1) some doctors DO NOT give a waiver since they think its OK to take a TB test during pregnancy itself, let alone not taking after child birth. so call the doc b4 you go.
2) I believe as long as the doctor gives you a blanket waiver it should be fine, thats all the proof you probably mifght need..
I dont think USCIS is so crude to go into getting excruciating evidence in these type of situations...good luck;)
I would call the USCIS if first off , they could give you more time..saying that she is traveling....if not get a blanker waiver..
Our immigration doctor, as a std. practice, don't do TB test during pregnancy. That's the reason we didn't do TB test for her during July 2007 fiasco.
1) some doctors DO NOT give a waiver since they think its OK to take a TB test during pregnancy itself, let alone not taking after child birth. so call the doc b4 you go.
2) I believe as long as the doctor gives you a blanket waiver it should be fine, thats all the proof you probably mifght need..
I dont think USCIS is so crude to go into getting excruciating evidence in these type of situations...good luck;)
I would call the USCIS if first off , they could give you more time..saying that she is traveling....if not get a blanker waiver..
Our immigration doctor, as a std. practice, don't do TB test during pregnancy. That's the reason we didn't do TB test for her during July 2007 fiasco.
more...
vin13
09-17 11:27 AM
Guys, we have come this far now..be patient...hang in there.
doknek
06-09 09:14 AM
I initially called only half of the congressman and selected option 2 for the poll. Now I finished calling all. How do I change my vote to option 1? Or if someone could do that for me
Thanks
Thanks
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intrudah
06-19 10:04 PM
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nixstor
03-14 01:05 PM
There was a topic where googler had explained that as per DHS employee, unused Eb2 Worldwide goes to Over subscribed Eb2, so Eb2 India and Eb2 China.
It appears that the policy was always this, but since there were no excess Eb1 in the last couple of years, there was no spillovers in the last 2 years, howeever this year there are higher number of unused EB1.
In fact the way it appears is :
EB4 unused ==> spills over to ==> EB1
EB5 unused ==> spills over to ==> EB1
EB1 unused ==> spills over to ==> EB2 world wide.
EB2 Worldwide unused ==> spills over to EB retrogressed.
So before any spill over to EB3, visas are given to EB2 category.
Since the unused EB2 visas are given to retrogressed countries, I believe that more visas are used by country that has more retrogression. But if there is any future movement in EB2, than both India and China could experience it.
From www.immigration-information.com forums, it appears that one of the important driving force behind the visa usage is the actual adjudication of cases from USCIS. Since generally USCIS does not really process enough cases to use all visa's(to ensure they are not wasted), every year there will be a need to have substantial movement in the cut off date to generate more demands for visa's, not just in AOS, but also CP.
OK. So I am not all by myself in thinking on this. So there must be a good number of EB-2 Visa numbers available in the final quarter for the retrogressed countries.
It appears that the policy was always this, but since there were no excess Eb1 in the last couple of years, there was no spillovers in the last 2 years, howeever this year there are higher number of unused EB1.
In fact the way it appears is :
EB4 unused ==> spills over to ==> EB1
EB5 unused ==> spills over to ==> EB1
EB1 unused ==> spills over to ==> EB2 world wide.
EB2 Worldwide unused ==> spills over to EB retrogressed.
So before any spill over to EB3, visas are given to EB2 category.
Since the unused EB2 visas are given to retrogressed countries, I believe that more visas are used by country that has more retrogression. But if there is any future movement in EB2, than both India and China could experience it.
From www.immigration-information.com forums, it appears that one of the important driving force behind the visa usage is the actual adjudication of cases from USCIS. Since generally USCIS does not really process enough cases to use all visa's(to ensure they are not wasted), every year there will be a need to have substantial movement in the cut off date to generate more demands for visa's, not just in AOS, but also CP.
OK. So I am not all by myself in thinking on this. So there must be a good number of EB-2 Visa numbers available in the final quarter for the retrogressed countries.
more...
indyanguy
11-11 09:48 AM
Thanks everyone for the feedback. Can some guru put this issue to rest? I guess the only question that remains is:
"For a person who has extended his H1 beyond the 6 year category on the basis of AOS, would this H1 extension be valid if I-485 is denied (either wrongly due to AC21 or otherwise)"
"For a person who has extended his H1 beyond the 6 year category on the basis of AOS, would this H1 extension be valid if I-485 is denied (either wrongly due to AC21 or otherwise)"
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punjabi77
08-14 09:46 AM
Yaar chanakya.. did you choose your name or did your parents already knew that you will become Chanakya one day and post comments like this to piss off people.
If you didnt have money in ur pocket.. why the heck did you go for PHd.. now stop complaining about people who got a job and started working.. why dont you tell the truth to everyone that you didnt get a job after you completed MS and ultimately to keep yourself in US you opted for Phd.
I can understand the "PLIGHT" of your collegues and your manager who are working with you..
Man take a break and think before you write such stuff..
If you didnt have money in ur pocket.. why the heck did you go for PHd.. now stop complaining about people who got a job and started working.. why dont you tell the truth to everyone that you didnt get a job after you completed MS and ultimately to keep yourself in US you opted for Phd.
I can understand the "PLIGHT" of your collegues and your manager who are working with you..
Man take a break and think before you write such stuff..
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jgh_res
03-03 03:51 PM
I bought Patriot America by img global for my parents. We had to take my mother to ER. The total claim was close to 10k and to my surprise imgglobal did pay exactly as whatever it said. It is not a pre existing condition. Based on my research, nobody covers a pre existing condition.
The advantage of using the american, comprehensive policy is, the hospital took the insurance card, no questions asked. Send me a PM if you want more details as it was really painful in the first place to go to ER, let alone worry about insurance.
I think your question should be "Could members who had to use this insurance for ER visits post their experience?"
It�s good until you file a claim, but you should look for what happens after that.
The advantage of using the american, comprehensive policy is, the hospital took the insurance card, no questions asked. Send me a PM if you want more details as it was really painful in the first place to go to ER, let alone worry about insurance.
I think your question should be "Could members who had to use this insurance for ER visits post their experience?"
It�s good until you file a claim, but you should look for what happens after that.
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RandyK
11-06 11:52 AM
Our bill would require every employer to attest that it is not displacing a U.S. worker by hiring an H-1B visa holder and that the employer has taken good-faith steps to recruit U.S. workers for the jobs in which an H-1B visa holder is being sought. Why would anyone oppose this measure? Our bill also gives more oversight and investigative authority to the Department of Labor. Right now the Department may only review labor certification for ``clear indication of fraud and misrepresentation.'' The Secretary of Labor is unable to review applications for anything but what the law calls incompleteness and cannot initiate an investigation unless requested. This means the Labor Department in effect is required to turn a blind eye to information that is suspicious. To remedy this problem, our bill provides the Department of Labor the ability to initiate an investigation on its own and gives the Department of Labor more time to review applications. The Department could also do random audits of any company that uses the program. Aside from these measures, our bill would prohibit employers to only advertise available jobs to H-1B visa holders. It would encourage information sharing between the Department of Labor and the Department of Homeland Security. It would double the penalties for employer noncompliance with the H-1B program requirements. I am happy to report that most of these commonsense solutions were included in the immigration bill. I challenge any of my colleagues to oppose these needed reforms before we talk about increasing the number of H-1B visas or at the very least in conjunction with that process. Today I take the floor to tell my colleagues that I am willing to work on this issue before the end of the year. I know businesses want more visas. I know groups that represent workers and visa holders want reforms. I know the American people want a sensible system in place that gives their children a chance at these highly skilled jobs. Some of my colleagues think the solution is increasing the annual cap on H-1B visas and doing nothing else. Before we agree to import more foreign workers, let's restore integrity in this H-1B program. The system needs a makeover. I am willing to consider an increase in the H-1B visa supply, but only if reforms are included. We must fix the loopholes before we just allow more foreign workers to come in and take jobs that Americans want to do. I would think my colleagues would want this program to work as it was intended by its original authors. My colleagues should want to protect the jobs of our various constituencies and help our businesses find the workers they truly need.
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virens
07-16 07:32 PM
Signed
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01-31 04:14 PM
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baskarans
03-30 02:52 PM
Got Two soft luds on mine and my wifes one on 3/17 and one on 3/18 no RFE or anything yet. People who say they got RFE after Soft lud could you Please Post how long after the soft LUDS you got RFE (hard LUD)
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khadash
08-19 01:01 PM
Poll Done
PD Oct 2002
EB3 India
I 140 Approved Oct 2004
I485 Pending since Oct 2004.
PD Oct 2002
EB3 India
I 140 Approved Oct 2004
I485 Pending since Oct 2004.
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cal97
07-18 03:26 PM
Makes sense. Even if they rejected it, wouldn't they have to enter that information into the system somewhere ?
My attorney too said the same. She did not receive any rejections till now.
when i spoke i didnt speak to normal CS rep they forwarded to me Info officer at Nebraska service center , now the key point is they clearly informed us that they have withdrawn the earlier notice and they said they have to open these july files. If they have just completed june filings they wouldnt have even touched july ones for sure. May be the ones returned which are very small in number are for casing whose dates are not current . for ex. if some one has sent app in normal pririty post expecting to reach on july 2 but reached early and got rejected it happened. so its pretty clear none of us have got the files back , all of three attorneys to comp said the same , my friends attorneys said the same , so we dont get in to too many things now , lets wait till next week or around 25th if we still dont receive then they asked me call back so that they can escalate this , she claims even when they reject they have to create a rejection letter and she clearly told that she was not aware that NSC did that type for these July ones.
My attorney too said the same. She did not receive any rejections till now.
when i spoke i didnt speak to normal CS rep they forwarded to me Info officer at Nebraska service center , now the key point is they clearly informed us that they have withdrawn the earlier notice and they said they have to open these july files. If they have just completed june filings they wouldnt have even touched july ones for sure. May be the ones returned which are very small in number are for casing whose dates are not current . for ex. if some one has sent app in normal pririty post expecting to reach on july 2 but reached early and got rejected it happened. so its pretty clear none of us have got the files back , all of three attorneys to comp said the same , my friends attorneys said the same , so we dont get in to too many things now , lets wait till next week or around 25th if we still dont receive then they asked me call back so that they can escalate this , she claims even when they reject they have to create a rejection letter and she clearly told that she was not aware that NSC did that type for these July ones.
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Macaca
12-17 04:14 PM
From page 8 of Driving jobs and Innovation Offshore (http://www.nfap.com/pdf/071206study.pdf) The impact of high-skill Immigration Restrictions on America, National Foundation for American Policy (NFAP) Policy Brief, Dec 2007
Critics hope to make any increase in H-1B visas contingent on imposing new restrictions on companies hiring foreign-born professionals, scientists and engineers. While many of the critics’ attacks have centered on so-called “outsourcing” companies, the intent is to impose new restrictions on all companies that seek access to skilled foreign-born talent. As discussed later in this analysis, many of the restrictions put forward by Senators Richard Durbin (D-IL), Charles Grassley (R-IA), Bernard Sanders (I-VT) and Claire McCaskill (D-MO) would impact all U.S. companies hiring foreign-born talent.
Senator Grassley has said there is a "high amount of fraud and abuse" involving H-1B visas. However, an examination of objective data belies this statement. When questioned by the Wall Street Journal a Grassley spokeswoman cited only anecdotal evidence, saying, “People have called our office.” By objective measurements there is not evidence of significant abuse but modest problems that are addressed through agency enforcement.
The data show it would be mistake to tar all companies with the faults of literally a few. Of the $4.8 million owed in back wages in 2004, more than half (53 percent) came from findings against just 7 companies, none of whom are household names. Abuse does occur but the evidence indicates it is limited and of a character that can be handled within existing laws and regulations.
In fact, the amount of back wages owed to H-1B workers, small as it is, actually fell between FY 2005 and FY 2006. Moreover, the aggregate total of back wages owed is almost infinitesimal placed in the context of a $13 trillion economy. In FY 2005, only $5.2 million in back wages were owed to H-1B professionals based on DOL investigations and the total dropped to $4.6 million in FY 2006. Consistent with other years, 86 percent of the cases investigated (104 of 121) in FY 2005 resulted in no civil monetary penalties being assessed. In FY 2006, no civil monetary penalties were assessed in 89 percent of the cases completed (14 of 133).
The data show the vast majority of cases investigated by the Department of Labor have involved only paperwork violations, not willful abuse, and that back wage payments were generally fairly small. The proportion of H-1B professionals owed back wages is also small. Back wages were owed to less than 1 percent (0.28 percent) of the individuals who received H-1B status between FY 1999 and FY 2002 – a total of 1,323 individuals out of approximately 473,000 individuals.
Critics hope to make any increase in H-1B visas contingent on imposing new restrictions on companies hiring foreign-born professionals, scientists and engineers. While many of the critics’ attacks have centered on so-called “outsourcing” companies, the intent is to impose new restrictions on all companies that seek access to skilled foreign-born talent. As discussed later in this analysis, many of the restrictions put forward by Senators Richard Durbin (D-IL), Charles Grassley (R-IA), Bernard Sanders (I-VT) and Claire McCaskill (D-MO) would impact all U.S. companies hiring foreign-born talent.
Senator Grassley has said there is a "high amount of fraud and abuse" involving H-1B visas. However, an examination of objective data belies this statement. When questioned by the Wall Street Journal a Grassley spokeswoman cited only anecdotal evidence, saying, “People have called our office.” By objective measurements there is not evidence of significant abuse but modest problems that are addressed through agency enforcement.
The data show it would be mistake to tar all companies with the faults of literally a few. Of the $4.8 million owed in back wages in 2004, more than half (53 percent) came from findings against just 7 companies, none of whom are household names. Abuse does occur but the evidence indicates it is limited and of a character that can be handled within existing laws and regulations.
In fact, the amount of back wages owed to H-1B workers, small as it is, actually fell between FY 2005 and FY 2006. Moreover, the aggregate total of back wages owed is almost infinitesimal placed in the context of a $13 trillion economy. In FY 2005, only $5.2 million in back wages were owed to H-1B professionals based on DOL investigations and the total dropped to $4.6 million in FY 2006. Consistent with other years, 86 percent of the cases investigated (104 of 121) in FY 2005 resulted in no civil monetary penalties being assessed. In FY 2006, no civil monetary penalties were assessed in 89 percent of the cases completed (14 of 133).
The data show the vast majority of cases investigated by the Department of Labor have involved only paperwork violations, not willful abuse, and that back wage payments were generally fairly small. The proportion of H-1B professionals owed back wages is also small. Back wages were owed to less than 1 percent (0.28 percent) of the individuals who received H-1B status between FY 1999 and FY 2002 – a total of 1,323 individuals out of approximately 473,000 individuals.
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vamsi_poondla
11-06 02:28 PM
Well Said! I support you 100% and agree with you totally about this. Fraud is any program is unfair and unjust on everybody, including the H1 holders themselves.
Your company is not a sample of the entire population. The H1B program is not on-demand program. It is once in an year annual event (because of the demand). US based companies when they get a new project which needs a position, if they cannot hire locally, cannot get H1B worker from overseas when they want. So, in anticipatory mode they have to get some numbers and utilize them and we do lose some H1B visas if they cannot bring them for various reasons.
Is it fair, may not be. Is it widespread waste, I don't think so.
Coming to market reality - how many US workers will join a desi consultancy company or India operations based company?
Your company is not a sample of the entire population. The H1B program is not on-demand program. It is once in an year annual event (because of the demand). US based companies when they get a new project which needs a position, if they cannot hire locally, cannot get H1B worker from overseas when they want. So, in anticipatory mode they have to get some numbers and utilize them and we do lose some H1B visas if they cannot bring them for various reasons.
Is it fair, may not be. Is it widespread waste, I don't think so.
Coming to market reality - how many US workers will join a desi consultancy company or India operations based company?
nashim
08-11 12:41 PM
done,
dec 04
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hrushi_j
09-17 12:48 PM
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AMENDMENT FAILED
AMENDMENT FAILED
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