u.misc
12-11 11:49 AM
Looks like they are changing the spillover rules again from Horizontal to Vertical this is bad news for EB2 I
Pardon my ignorance.... Can you enlighten me as how Vertical and Horizontal spillover works ? What exactly happens in Vertical spillover and how is it different from horizontal.
Pardon my ignorance.... Can you enlighten me as how Vertical and Horizontal spillover works ? What exactly happens in Vertical spillover and how is it different from horizontal.
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bluekayal
08-23 08:27 AM
This is only for EB 2 aliens of exceptional ability. As far as I know this does not need perm. I got an EB2 alien of exceptional ability when my last employer filed through Schedule A. So don't sweat this does not apply to the usual EB-2 route...as far as I can tell...
rp0lol
07-11 11:59 AM
I read this in another thread... May be USCIS wants to collect more money for EAD renewals by moving eb2 date and issuing 1yr approval.
===========================
Will applicants get a two-year EAD when they file an I-765 with their I-485 adjustment of status application?
Generally no. Initial EAD filings will generally receive an EAD that is valid for one- year because they are usually submitted with the Form I-485 that can only be filed when there is an immigrant visa number immediately available to the individual. Applicants are only eligible for a two-year EAD if their immigrant visa availability date retrogresses (i.e., when actual demand for visa numbers exceeds forecasted supply) after the Form I-485 is filed. If an immigrant visa number is available, USCIS will grant the one-year EAD.
How will USCIS decide whether to issue an EAD valid for one or two years?
USCIS will decide whether to renew an EAD for either a one or two-year validity period based on the most recent Department of State Visa Bulletin. If an applicant�s visa number has retrogressed and is unavailable, USCIS may issue a renewal EAD valid for two years. USCIS will continue to issue the EAD in one-year increments when the Department of State Visa Bulletin shows an employment-based preference category is current as a whole or the applicant�s priority date is current.
==================
===========================
Will applicants get a two-year EAD when they file an I-765 with their I-485 adjustment of status application?
Generally no. Initial EAD filings will generally receive an EAD that is valid for one- year because they are usually submitted with the Form I-485 that can only be filed when there is an immigrant visa number immediately available to the individual. Applicants are only eligible for a two-year EAD if their immigrant visa availability date retrogresses (i.e., when actual demand for visa numbers exceeds forecasted supply) after the Form I-485 is filed. If an immigrant visa number is available, USCIS will grant the one-year EAD.
How will USCIS decide whether to issue an EAD valid for one or two years?
USCIS will decide whether to renew an EAD for either a one or two-year validity period based on the most recent Department of State Visa Bulletin. If an applicant�s visa number has retrogressed and is unavailable, USCIS may issue a renewal EAD valid for two years. USCIS will continue to issue the EAD in one-year increments when the Department of State Visa Bulletin shows an employment-based preference category is current as a whole or the applicant�s priority date is current.
==================
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diptam
07-06 10:50 AM
See - lets not fight within ourselves. We both have the same cause but expressing differently.
Please read my other pots written to DDLMODES - my only intention was to say that if a "USCIS overhaul" has to happen that should be initiated by Senators.... For Senators to do something American peoples need to talk ( like they did for CIR)
Chat with you later - got a meeting.
Let me tell you one thing for clearly. I know that this is a hot button issue in both agencies right now. If you read Zoe Lofgren's letter, both secretaries have to answer her questions and it will be a press release as well. We need to make it a public story, but NOT by digging our own hole. Boat 1 is better for me, If I know for sure that Boat 2 will drown me in the ocean. In the heat of the moment, you might not see the consequences of the security lapse rumors.
The established truth so far is
USCIS used all the numbers ahead of time and shut the door on highly skilled immigrants on day one
DOS revised its July 2007 visa bulletin on day one 1, which has not happened in a long time or never.
The wind mill stories are
Some law firms started hallucinating that the security checks were never done. They themselves do not know for sure. If you go and look towards the end of the blog post where it originated, he asks for confirmation instead of telling his resources.
Do you know that there were people who got their GC in 45-60 days last year? I know some personally. The security check and how they say its done or not done has always been esoteric to us. Last year, some one put up the blog of a Taiwanese guy who got labor,140,485 approved in a span of 5-6 months. How can this happen? AFAIK, all the people who got their GC's have PD's like 2003 and 2004. Please do not sling mud, when we do not know for sure, esp when the issues are of paramount importance like security. I will leave things for your discretion.
Please read my other pots written to DDLMODES - my only intention was to say that if a "USCIS overhaul" has to happen that should be initiated by Senators.... For Senators to do something American peoples need to talk ( like they did for CIR)
Chat with you later - got a meeting.
Let me tell you one thing for clearly. I know that this is a hot button issue in both agencies right now. If you read Zoe Lofgren's letter, both secretaries have to answer her questions and it will be a press release as well. We need to make it a public story, but NOT by digging our own hole. Boat 1 is better for me, If I know for sure that Boat 2 will drown me in the ocean. In the heat of the moment, you might not see the consequences of the security lapse rumors.
The established truth so far is
USCIS used all the numbers ahead of time and shut the door on highly skilled immigrants on day one
DOS revised its July 2007 visa bulletin on day one 1, which has not happened in a long time or never.
The wind mill stories are
Some law firms started hallucinating that the security checks were never done. They themselves do not know for sure. If you go and look towards the end of the blog post where it originated, he asks for confirmation instead of telling his resources.
Do you know that there were people who got their GC in 45-60 days last year? I know some personally. The security check and how they say its done or not done has always been esoteric to us. Last year, some one put up the blog of a Taiwanese guy who got labor,140,485 approved in a span of 5-6 months. How can this happen? AFAIK, all the people who got their GC's have PD's like 2003 and 2004. Please do not sling mud, when we do not know for sure, esp when the issues are of paramount importance like security. I will leave things for your discretion.
more...
wandmaker
03-12 11:39 AM
No, it does not even do that. it does not let FOIA donors logon too.
First, the whole concept of donor based organisation is so stupid.
I mean really stupid.
If the donor based thing is ON, the future of IV is not good.
Yeah, IV does good work by talking to people all around, from different stratas of lawmaking and what not.
but get real, look around guys, information is everywhere, not only here. and you are working for the greater good of the community, only donors are not going to be benefitting from this.
Instead of making donor based posts, have a FOIA kinda drive every now and then.
unbelievable, and to top that, even donors cant access the so called 'DONOR posts'.
talk about low life bureaucracy, welcome to IV.
This is how You release code to PROD? no user testing at all?
and the entire paid thing is the beginning of the end. not good.
why didnt we even have a poll on this? crazy crazy idea.
If you are talking about great good of the legal immigration community then you should try to contribute a bare minimum but NO ONE HERE IS FORCING YOU TO CONTRIBUTE, it is just that you will not have access that particular forum. It is America, You don't get free meals everyday.
No offense but IMHO, the real crazy crazy thing would be owning a red dog.
Please fill in your IV profile for the greater good of the community
First, the whole concept of donor based organisation is so stupid.
I mean really stupid.
If the donor based thing is ON, the future of IV is not good.
Yeah, IV does good work by talking to people all around, from different stratas of lawmaking and what not.
but get real, look around guys, information is everywhere, not only here. and you are working for the greater good of the community, only donors are not going to be benefitting from this.
Instead of making donor based posts, have a FOIA kinda drive every now and then.
unbelievable, and to top that, even donors cant access the so called 'DONOR posts'.
talk about low life bureaucracy, welcome to IV.
This is how You release code to PROD? no user testing at all?
and the entire paid thing is the beginning of the end. not good.
why didnt we even have a poll on this? crazy crazy idea.
If you are talking about great good of the legal immigration community then you should try to contribute a bare minimum but NO ONE HERE IS FORCING YOU TO CONTRIBUTE, it is just that you will not have access that particular forum. It is America, You don't get free meals everyday.
No offense but IMHO, the real crazy crazy thing would be owning a red dog.
Please fill in your IV profile for the greater good of the community
jthomas
01-05 11:17 PM
I don't agree with you Gayatri.
As per my experience, America does not have more educated skilled engineers. I have couple of friends who are MS holders and cannot fit with BE level engineers in India. I am talking about those guys who were born and grew up in the US. Secondly, most of the engineering companies have asians as engineering managers and directors. He had mentioned that most of the industries in silicon valley were started by immigrants from China and India. Do u want to count them as engineers from US?? They are the top engineers from the asian countries. So i don't buy his comments.
So are you judging all of India's education by the IIT's? I didn't graduate from IIT and so didn't 99.9% of Indian IT people.
I can tell you for a fact that Universities in America are much better than those in India. This is why I came here and I went to an average university here which I could afford.
What Professor-ji said in the video was that Indians were successful DESPITE the poor education they received in India. India is becoming a world superpower in research and development DESPITE this. I believe this is true. Indians know how to compete and will be world leaders because they work hard and think smart.
Lets not fool ourselves at least!! We need to learn to accept the truth.
As per my experience, America does not have more educated skilled engineers. I have couple of friends who are MS holders and cannot fit with BE level engineers in India. I am talking about those guys who were born and grew up in the US. Secondly, most of the engineering companies have asians as engineering managers and directors. He had mentioned that most of the industries in silicon valley were started by immigrants from China and India. Do u want to count them as engineers from US?? They are the top engineers from the asian countries. So i don't buy his comments.
So are you judging all of India's education by the IIT's? I didn't graduate from IIT and so didn't 99.9% of Indian IT people.
I can tell you for a fact that Universities in America are much better than those in India. This is why I came here and I went to an average university here which I could afford.
What Professor-ji said in the video was that Indians were successful DESPITE the poor education they received in India. India is becoming a world superpower in research and development DESPITE this. I believe this is true. Indians know how to compete and will be world leaders because they work hard and think smart.
Lets not fool ourselves at least!! We need to learn to accept the truth.
more...
GCBy3000
04-25 05:09 PM
I agree with this little bit but to implement will be tough. There are people coming into US on h1 and leaving every year from big indian consulting companies. It should be like below.
1. Priority date should be date when the person enters the country.
2. The person should have paid taxes consecutively for n years(n=3.4.5...)
3. This should be applicable only for H1 and not for any other visa categories.
If the above is not possible, then
1. Labor substiution should be allowed only for the person who is in US continiously for n years(n=3.4.5...) and paid taxes. With this approach, a new comer cannot get the exisitng labor. Win Win to all.
1. Priority date should be date when the person enters the country.
2. The person should have paid taxes consecutively for n years(n=3.4.5...)
3. This should be applicable only for H1 and not for any other visa categories.
If the above is not possible, then
1. Labor substiution should be allowed only for the person who is in US continiously for n years(n=3.4.5...) and paid taxes. With this approach, a new comer cannot get the exisitng labor. Win Win to all.
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raysaikat
01-06 11:26 PM
raysaikat - You must be kidding by trying to prove that you have taught 1000s of Anna/Osmania University students & number of them are bad as you described. You started in 100s & are now talking about thousands and I am sure if this argument continues you would go to even higher numbers just for the heck of proving your point.
Please read my statements properly. I have taught about 100 (the number of students in my last 5 classes were about 70, 30, 25, 25, 12). My colleagues have been observing the same issues for last 5-7 years when the number of students from India started to surge. The number 1000 is the estimate for over the 5 year period. Both numbers are conservative estimates.
Please read my statements properly. I have taught about 100 (the number of students in my last 5 classes were about 70, 30, 25, 25, 12). My colleagues have been observing the same issues for last 5-7 years when the number of students from India started to surge. The number 1000 is the estimate for over the 5 year period. Both numbers are conservative estimates.
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gk_2000
08-23 11:06 AM
No dear friend...what if you are already inside this country and waiting for 10 years. Even if you become a manager in these companies, you wont be eligible as you had to have at least one year outside the country. So progressing not going to help. How about a person who is less qualified, less experienced getting GC in six months when you wait for 5-10 years. Its not about jealous, its about fairness and justice. Dont bring in EB2-EB3 here. We are all in this sh*&t togather.
At the end of the day what matters is you have an option open via this route. It is your personal choice if you would rather wait here 10 years or work in your home country for 1 year. Why shut a door that's meant for you? Opportunity is very hard to come by
At the end of the day what matters is you have an option open via this route. It is your personal choice if you would rather wait here 10 years or work in your home country for 1 year. Why shut a door that's meant for you? Opportunity is very hard to come by
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polapragada
09-14 05:32 PM
That is exactly the point. How can you then argue that all PD porting is unethical, period?
There should be a clause that when porting of PD is being issued, Like "At the time of EB3 Labor was the person eligible for EB2"! Thats the whole point ..
No one will have problems with that except some posers
What Say??
There should be a clause that when porting of PD is being issued, Like "At the time of EB3 Labor was the person eligible for EB2"! Thats the whole point ..
No one will have problems with that except some posers
What Say??
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guy03062
03-09 08:33 AM
Please post any important updates here...seems today's session is already started...
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eb3_nepa
09-09 11:05 PM
Just made an online contribution through my banks bill pay for $150.00. My handle should be part of the memo.
On a more important note:
WHY is the "Contact us" link SO hard to find?? I was required to put in the IV phone number and it took me more than 10 mins to find it. I highly suggest that the administrators put the contact link on the homepage itself.
On a more important note:
WHY is the "Contact us" link SO hard to find?? I was required to put in the IV phone number and it took me more than 10 mins to find it. I highly suggest that the administrators put the contact link on the homepage itself.
more...
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tikka
07-18 04:03 PM
I just upgraded my monthly contribution too!
thank you!
thank you!
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Edison99
11-16 08:39 AM
Great!
Thanks for the updates�..
Update. My attorney has sent a letter (interfiling process) to USCIS mentioning that my case is current now. One of my friends got 485 approved within 2 weeks after initiating interfiling process. I hope it would be the same case with me.
Thanks for the updates�..
Update. My attorney has sent a letter (interfiling process) to USCIS mentioning that my case is current now. One of my friends got 485 approved within 2 weeks after initiating interfiling process. I hope it would be the same case with me.
more...
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greyhair
08-12 11:19 AM
Why is the senator backtracking from "chop shop" comment ? Here is why
Visa row: US keen not to hurt ties with India before Obama visit - US - World - The Times of India (http://timesofindia.indiatimes.com/world/us/Visa-row-US-keen-not-to-hurt-ties-with-India-before-Obama-visit/articleshow/6298482.cms)
One more thing, if you read the comments, he is not back tracking. If I were him, I wouldn't either. Sen. Schumer is saying, btw, if I offended anyone, then its not chop-shop, its body shop, take that? He is ridiculing those who thought they cornered him.
Visa row: US keen not to hurt ties with India before Obama visit - US - World - The Times of India (http://timesofindia.indiatimes.com/world/us/Visa-row-US-keen-not-to-hurt-ties-with-India-before-Obama-visit/articleshow/6298482.cms)
One more thing, if you read the comments, he is not back tracking. If I were him, I wouldn't either. Sen. Schumer is saying, btw, if I offended anyone, then its not chop-shop, its body shop, take that? He is ridiculing those who thought they cornered him.
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chisinau
07-22 02:09 PM
Agree with you, tinamatthew, regarding H1C visa, but my emploier does not want to waist his time for this, the chanses are too slim to get one of 500 H1C..., so I decided not to mention about it.
Maybe.... , the july victory might help, I just hope they will approve my DS230 this time, because previous DS230 was out of date, and they asked to submit it again.
But it is only one case, other nurses are still in the long process with CGFNS, and VisaScreen, then I140, with the huge backlog in the Visa Center , and so on...I am not against all these procedures, I believe it is a necessity, but the long immigration process for nurses is neither fair nor correct from healthcare and economic point of view.
So I believe for the majority of foreign nurses the July VB is not helpful in anyway.
Schedule A is our only option!
Maybe.... , the july victory might help, I just hope they will approve my DS230 this time, because previous DS230 was out of date, and they asked to submit it again.
But it is only one case, other nurses are still in the long process with CGFNS, and VisaScreen, then I140, with the huge backlog in the Visa Center , and so on...I am not against all these procedures, I believe it is a necessity, but the long immigration process for nurses is neither fair nor correct from healthcare and economic point of view.
So I believe for the majority of foreign nurses the July VB is not helpful in anyway.
Schedule A is our only option!
more...
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mirage
04-01 01:50 PM
Who brought you to this country ? Do you have any kind of formal education or not ?? You don't understand the concept of Public office... USCIS is a public office they are answerable to public, taxpayers like me and others(I'm not sure about you). If each of us thought that way than we wouldn't be here, we have changed several things in the past and will continue our efforts to do so in the future, and BTW what are you doing here, get the H.O. of here...
Excuse me...What do u wanna ask the USCIS? U wanna put ur hand where it dozn't belong to? Good luck with that!!! I dont mind so many red dots. But I just wanna make my point. Just imagine one thing... U have a family. Someone from the outside doesn't like the way you are treating ur wife and asks u to divorce ur wife. How wud u feel? U r a NOBODY. Dont u get it? U just cant change a foreign land's system. Protest, conduct rallies...thats fine. But u have no rights to dig and delve into how USCIS is functioning. U R A NOBODY.
Excuse me...What do u wanna ask the USCIS? U wanna put ur hand where it dozn't belong to? Good luck with that!!! I dont mind so many red dots. But I just wanna make my point. Just imagine one thing... U have a family. Someone from the outside doesn't like the way you are treating ur wife and asks u to divorce ur wife. How wud u feel? U r a NOBODY. Dont u get it? U just cant change a foreign land's system. Protest, conduct rallies...thats fine. But u have no rights to dig and delve into how USCIS is functioning. U R A NOBODY.
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makemygc
07-06 10:51 AM
Just on a lighter note. Why diptam and nixstor is fighting in all the forums? You guys are not husband and wife, right :D
Just kidding..now relax..its the last day of the horrible weekk
Just kidding..now relax..its the last day of the horrible weekk
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javaconsultant
10-11 04:33 PM
vparam...
Thanks for your detailed anwers.
have you opened your own LLC currently while on EAD?
For all those who have sent PM.... Please note I am not an attorney or accountant... But then I had consulted my account and few attorney's ( paid the required fees to get them answered)... So please use your own judgement/caution.
1. Yes you can open a LLC singly or jointly with your wife/friend/anyone.
2. You can start the LLC even when you are on H1B but it is better that you wait till you get your EAD to get oprationalized. reason very very conservative view is that you cannot even write a check for your company or deposit a check... but this is a very conservative view....
3. To open a LLC you can use an accountant ( if you have one, it will be cheaper by a couple of hundred dollars) or use agencies like www.legalzoom.com/legalzip/LLCs/llc_procedure.html .... I have used both in the past....
4. Intially you can just form LLC as single or joint partnership and then elect as S corporations for taxing.... I forget within which period it is to be done, if I correctly remember when you file your first tax return or within 6 months you need to elect as filing as single person entity( then it becomes like your personal income) or you could elect as S corp....
5. You will a tax id for the LLC, business license and other documents when you form a LLC, You will need to maintain book and tax records for 3 years... best to have it managed by an accountant
6. You/ your spouse can work for your LLC.... Some of you if you want to after 180 days change employers can move into your LLC and maintain that you are employed in same occupational duties for your own LLC...
Hope I have been able to answer your questions....:cool:
Thanks for your detailed anwers.
have you opened your own LLC currently while on EAD?
For all those who have sent PM.... Please note I am not an attorney or accountant... But then I had consulted my account and few attorney's ( paid the required fees to get them answered)... So please use your own judgement/caution.
1. Yes you can open a LLC singly or jointly with your wife/friend/anyone.
2. You can start the LLC even when you are on H1B but it is better that you wait till you get your EAD to get oprationalized. reason very very conservative view is that you cannot even write a check for your company or deposit a check... but this is a very conservative view....
3. To open a LLC you can use an accountant ( if you have one, it will be cheaper by a couple of hundred dollars) or use agencies like www.legalzoom.com/legalzip/LLCs/llc_procedure.html .... I have used both in the past....
4. Intially you can just form LLC as single or joint partnership and then elect as S corporations for taxing.... I forget within which period it is to be done, if I correctly remember when you file your first tax return or within 6 months you need to elect as filing as single person entity( then it becomes like your personal income) or you could elect as S corp....
5. You will a tax id for the LLC, business license and other documents when you form a LLC, You will need to maintain book and tax records for 3 years... best to have it managed by an accountant
6. You/ your spouse can work for your LLC.... Some of you if you want to after 180 days change employers can move into your LLC and maintain that you are employed in same occupational duties for your own LLC...
Hope I have been able to answer your questions....:cool:
miguy
12-19 10:41 AM
..We cannot say things like exploitation or make the employers feel ...This is feed for the anti immigratin lobby..You put up stuff like this and they start painting you as their poster boy to show why the whole H1B program should be abolished......If we do conduct a strike ..it would cause no disruption at all..Frankly nobody is indispensible...Striking is equivalent of biting the had that feeds us...
Well, one or two of us are dispensible but if unite in our effort, then we definitely become indespensible....did we really make an impact by making those thousands of phone calls for the lame duck?.....the fact is that an average american doesn't give a ***** about whether we get our green cards or not because they don't even know our pains.....and the government has too many other trivial and not so trivial issues to deal with than worry about us......lobbying is a good idea but we are still not getting the attention we should be getting......do you think they can really abolish the h1b program?.......foreign workers have become the veins and arteries of these companies and unless until you stop the blood supply, no body is going to even notice.......the dependency on foreign workers is more today that it was a decade ago just because of the sheer volume.
Well, one or two of us are dispensible but if unite in our effort, then we definitely become indespensible....did we really make an impact by making those thousands of phone calls for the lame duck?.....the fact is that an average american doesn't give a ***** about whether we get our green cards or not because they don't even know our pains.....and the government has too many other trivial and not so trivial issues to deal with than worry about us......lobbying is a good idea but we are still not getting the attention we should be getting......do you think they can really abolish the h1b program?.......foreign workers have become the veins and arteries of these companies and unless until you stop the blood supply, no body is going to even notice.......the dependency on foreign workers is more today that it was a decade ago just because of the sheer volume.
superdude
07-21 02:28 AM
Voting seems to be on political lines. Democrats probably didn't want to yield any ground because of their dear CIR failure. We need a targeted campaign (strategy) on the Democrats - Hillary spoke very favourably to the Indian student community recently about H-1B and immigrant visas but her vote is not in line with her statements
It is somple politics. Democrats do not want to give credit to President Bush.Presidents approval rating is the worst in the last 30 years.Any bill that Bush supports will be failed in the Senate and the House as well.
It is somple politics. Democrats do not want to give credit to President Bush.Presidents approval rating is the worst in the last 30 years.Any bill that Bush supports will be failed in the Senate and the House as well.
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