meridiani.planum
03-07 05:32 PM
Until last year, it was important to announce a job change via AC21 to USCIS. This was because many sponsoring employers would revoke the 140 (even after 180 days) so that they could reuse the Labor for someone else.
When that happened and there was no AC21 letter from the applicant, some IOs would deny the 485 even without a NOID. This would mean MTR and a lot of unnecessary work.
This problem no longer exists as Labot substitution has been removed. The employer has no incentive to revoke the 140 and so the chances of goofup from USCIS has been lowered.
Employer still has two incentives to revoke I-140:
* outstanding I-140s get counted in ability-to-pay issues of future I-140s. Better to clear out older ones.
* leaving an approved but unused I-140 is essentially leaving files open with USCIS as well as at your attorneys office. Expect the attorneys to revoke them (my own attorney of a big company asks the employer to close the files with USCIS by revoking the I-140). In addition to opened files, the attorneys get some fees atleast for doing this, so thats another motivation for them.
When that happened and there was no AC21 letter from the applicant, some IOs would deny the 485 even without a NOID. This would mean MTR and a lot of unnecessary work.
This problem no longer exists as Labot substitution has been removed. The employer has no incentive to revoke the 140 and so the chances of goofup from USCIS has been lowered.
Employer still has two incentives to revoke I-140:
* outstanding I-140s get counted in ability-to-pay issues of future I-140s. Better to clear out older ones.
* leaving an approved but unused I-140 is essentially leaving files open with USCIS as well as at your attorneys office. Expect the attorneys to revoke them (my own attorney of a big company asks the employer to close the files with USCIS by revoking the I-140). In addition to opened files, the attorneys get some fees atleast for doing this, so thats another motivation for them.
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hydboy77
06-08 06:38 PM
There is going to be no spillover to EB2 India at all because according to the thread "Employment-Based Visa Number Movement and Predictions - from current Murthy Bulletin" thread Mr. Oppenheim (the guy from the DOS who sets the visa bulletin) said that EB1, EB4 and Eb5 might also retrogress (that is have to a cut off date which means they will not be current). If EB1, EB2 and EB5 retrogress and there is no spillover from EB2 ROW and there is no spillover from Family based visas there will not be any spillover to Eb2 India at all. There is absoluetely no difference between Eb3 India and Eb2 India except that EB3 India will be stuck in 2001 and Eb2 India might be stuck either in 2002 or early 2003. We are screwed for ages to come. Dont give me red for bringing this harsh reality, I myself am depressed
That "small change" of EB2 China PD is very important. It suggests that there is going to be "Spill over" so EB2 India and China will have to move together to use the unused numbers. A good sign; at least EB1 retrogression does not seem to be likely and there will be some spill over numbers to EB2 India (EB2 china may not benefit much as it had a PD later than that for the rest of the year.
Scorpion: how can you say "no spill over". EB2ROW is current and so spill over is likely (more likely from EB1 and even to some extent from EB2 ROW)
Moreover, EB2 ROW remained current meaning that they have not used all their quota; they will not use any spillover numbers and they may even provide spill over numbers to EB2 India and China.
That "small change" of EB2 China PD is very important. It suggests that there is going to be "Spill over" so EB2 India and China will have to move together to use the unused numbers. A good sign; at least EB1 retrogression does not seem to be likely and there will be some spill over numbers to EB2 India (EB2 china may not benefit much as it had a PD later than that for the rest of the year.
Scorpion: how can you say "no spill over". EB2ROW is current and so spill over is likely (more likely from EB1 and even to some extent from EB2 ROW)
Moreover, EB2 ROW remained current meaning that they have not used all their quota; they will not use any spillover numbers and they may even provide spill over numbers to EB2 India and China.
gcisadawg
03-09 06:52 PM
Quick question guys :- My PD is feb 2008 and I140 was approved in july 08.
I also want to call my congessman, can you please tell what are the things you talk to them?
A brief guidance will help many others like me to make a call.
~
I asked our area congressman to inquire about pending I-140.
Instead, they inquired about pending I-485 and came back with a message saying" Sorry, you have to wait it out since your PD is light years away as compared to current EB3/I processing date"
I also want to call my congessman, can you please tell what are the things you talk to them?
A brief guidance will help many others like me to make a call.
~
I asked our area congressman to inquire about pending I-140.
Instead, they inquired about pending I-485 and came back with a message saying" Sorry, you have to wait it out since your PD is light years away as compared to current EB3/I processing date"
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zuhail
04-11 01:23 AM
A very useful piece of information has been brought to our attention by shiankuraaf.
Thank you very much!
http://www.dhs.gov/ximgtn/statistics/publications/LPR08.shtm
Table 6 Persons Obtaining Legal Permanent Resident Status by Type and Major Class of Admission: Fiscal Years 1999 to 2008
http://www.dhs.gov/ximgtn/statistics/publications/YrBk04Im.shtm
Table 4 Immigrants admitted by type and selected class of admission: fiscal years 1986-2004
Employment-based preferences (Total Number)
Year QUOTA ISSUED Unused/Excessively used
1986 140000 56617 83383
1987 140000 57519 82481
1988 140000 58727 81273
1989 140000 57741 82259
1990 140000 58192 81808
1991 140000 59525 80475
1992 140000 116198 23802
1993 140000 147012 -7012
1994 140000 123291 16709
1995 140000 85336 54664
1996 140000 117499 22501
1997 140000 90607 49393
1998 140000 77517 62483
1999 140000 56678 83322
2000 140000 106642 33358
2001 140000 178702 -38702
2002 140000 173814 -33814
2003 140000 81727 58273
2004 140000 155330 -15330
2005 140000 246877 -106877
2006 140000 159081 -19081
2007 140000 162176 -22176
2008 140000 166511 -26511
Sum total of the differences from 1986 to 2008: 626,681. Vow!!!
So when looked between the period of 1986 and 2008,
there were a total of 626,681 un-used visa numbers that can be re-captured.
This is based on the BIG assumption that the yearly quota for EB categories is 140,000 from 1986 to 2008.
Does anybody know how to verify this important assumption online --a link to a gov website perhaps?
It would be good to verify when the law specifying 140,000 visa numbers per year was passed and
what were the criteria for visa number usage prior to the existence of the law.
Thank you very much!
http://www.dhs.gov/ximgtn/statistics/publications/LPR08.shtm
Table 6 Persons Obtaining Legal Permanent Resident Status by Type and Major Class of Admission: Fiscal Years 1999 to 2008
http://www.dhs.gov/ximgtn/statistics/publications/YrBk04Im.shtm
Table 4 Immigrants admitted by type and selected class of admission: fiscal years 1986-2004
Employment-based preferences (Total Number)
Year QUOTA ISSUED Unused/Excessively used
1986 140000 56617 83383
1987 140000 57519 82481
1988 140000 58727 81273
1989 140000 57741 82259
1990 140000 58192 81808
1991 140000 59525 80475
1992 140000 116198 23802
1993 140000 147012 -7012
1994 140000 123291 16709
1995 140000 85336 54664
1996 140000 117499 22501
1997 140000 90607 49393
1998 140000 77517 62483
1999 140000 56678 83322
2000 140000 106642 33358
2001 140000 178702 -38702
2002 140000 173814 -33814
2003 140000 81727 58273
2004 140000 155330 -15330
2005 140000 246877 -106877
2006 140000 159081 -19081
2007 140000 162176 -22176
2008 140000 166511 -26511
Sum total of the differences from 1986 to 2008: 626,681. Vow!!!
So when looked between the period of 1986 and 2008,
there were a total of 626,681 un-used visa numbers that can be re-captured.
This is based on the BIG assumption that the yearly quota for EB categories is 140,000 from 1986 to 2008.
Does anybody know how to verify this important assumption online --a link to a gov website perhaps?
It would be good to verify when the law specifying 140,000 visa numbers per year was passed and
what were the criteria for visa number usage prior to the existence of the law.
more...
GreenLantern
03-15 01:47 PM
Yes, the farther away the deadline the better. I would like to really put some time into it.
obviously
07-16 08:03 PM
Folks, as someone with a background in public policy, permit me to remind us all that the MAJORITY of the lawmakers' inputs and influence comes from their staffers. Most lawmakers have dedicated staffers who focus on immigration. I would urge EVERYONE who reads this to send a message addressed to:
Staffers and Aides on Immigration Policy
c/o Office of the {Insert respective lawmaker's name and address}
with a PROFESSIONAL, easy to ready, point-by-point, clear outlining of TOP MYTHS promoted around high skilled legal immigration.
In order to be effective, we should have an efficient and sustained mechanism in messaging out.
Also, in speaking with a few lawmakers' aides (and former aides), a repeated refrain was a suggestion that we NOT PREACH to them, because many of them are well aware of the facts and circumstances. What they ask for is easy to read and digest FACTS, *not* our opinions and emotions on how to fix the problem. They get paid to address matters of public policy.
So, I will ask everyone if they can take a few moments to send such a note and eventually build a relation with each of their respective immigration aides so that they can get to send them such factual information.
EMPATHIZE with those who lose jobs in the US, but RECOGNIZE that outsourcing etc is a function of Wall Street, not immigrants squatting on Main Street!
Cheers!
Staffers and Aides on Immigration Policy
c/o Office of the {Insert respective lawmaker's name and address}
with a PROFESSIONAL, easy to ready, point-by-point, clear outlining of TOP MYTHS promoted around high skilled legal immigration.
In order to be effective, we should have an efficient and sustained mechanism in messaging out.
Also, in speaking with a few lawmakers' aides (and former aides), a repeated refrain was a suggestion that we NOT PREACH to them, because many of them are well aware of the facts and circumstances. What they ask for is easy to read and digest FACTS, *not* our opinions and emotions on how to fix the problem. They get paid to address matters of public policy.
So, I will ask everyone if they can take a few moments to send such a note and eventually build a relation with each of their respective immigration aides so that they can get to send them such factual information.
EMPATHIZE with those who lose jobs in the US, but RECOGNIZE that outsourcing etc is a function of Wall Street, not immigrants squatting on Main Street!
Cheers!
more...
senthil1
12-20 04:28 PM
You may be considered as out of status but your situation is much better than Visa overstay. If they send RFE then you may have to give proper reason. There are many people who are not getting paid in Bench but rarely green card was denied. Atleast I did not hear anyone green card was denied because of not receiving any pay.
Folks, I didn't worked for an year(2001) due to, you know what I am saying....
Now I am afraid that I would get an RFE because of that. Do you think that I need to worry about it? :(
Folks, I didn't worked for an year(2001) due to, you know what I am saying....
Now I am afraid that I would get an RFE because of that. Do you think that I need to worry about it? :(
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StuckInTheMuck
07-28 11:46 AM
Is this thread going anywhere in particular (that is relevant to IV)?
more...
qesehmk
02-12 02:31 PM
We still have 7 months left for FY2010, so only assertion that there will be EB visa unused is only a "theory" at best.
I agree. He has not backed his claim on that thread as well. Someone has posted a question in that thread regarding source of the spillover. The author of the blog responded with legal statute that explains how unused numbers of FB & EB from previous years are used for next year. But no link to justify 13,000 number.
A fact in itself is nothing. It is valuable only for the idea attached to it, or for the proof which it furnishes. - Claude Bernard
I know you lawyers can, with ease, twist words and meanings as you please. - John Gay
_________________
Not a legal advice.
I am the one who asked him that question. And you can see he doesn't have any proof.
I agree. He has not backed his claim on that thread as well. Someone has posted a question in that thread regarding source of the spillover. The author of the blog responded with legal statute that explains how unused numbers of FB & EB from previous years are used for next year. But no link to justify 13,000 number.
A fact in itself is nothing. It is valuable only for the idea attached to it, or for the proof which it furnishes. - Claude Bernard
I know you lawyers can, with ease, twist words and meanings as you please. - John Gay
_________________
Not a legal advice.
I am the one who asked him that question. And you can see he doesn't have any proof.
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qasleuth
05-26 07:49 PM
So I know what you gonna do , next time when you meet the border patrol. Accept the fact that we are middle class , god and immigration fearing creatures, who definitely have a lot of anger and aggression towards these laws and discrimination but cannot do anything about it and Also we like the life style and show off to the relatives in the India, that you are smart and rich NRI, are the reasons, we are not leaving this country despite of all these things.
I sincerely hope you are not talking about me. are you ?
I sincerely hope you are not talking about me. are you ?
more...
karmayogi
02-24 09:36 AM
Guys,
I can offer an extra bedroom with a queen bed to people coming from other places to the DC area for the advocacy event. Co-ordinators or interested parties please PM me and I can provide details.
Thanks
Yogi
I can offer an extra bedroom with a queen bed to people coming from other places to the DC area for the advocacy event. Co-ordinators or interested parties please PM me and I can provide details.
Thanks
Yogi
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amitgeorge
03-13 11:17 PM
by far the best battle i have seen in recent times
great work
great work
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BlueSunD
03-07 10:57 PM
Hi Sparky! Well a quick google search turned some results, hope you find them usefull,
Some video tutoriasl, from begginer, to more advanced: http://www.ibiblio.org/bvidtute/
These seem nice, some of the basics of modeling are shown:
http://www.vrotvrot.com/xoom/tutorials.html
And these are introductory tutoriasl to Blender from Blender.org, those look really nice and easy to follow along:
http://www.blender3d.org/Education/index_old.php?sub=
and another one... almost the same
http://www.blender3d.org/cms/Using_Blender.80.0.html
Some video tutoriasl, from begginer, to more advanced: http://www.ibiblio.org/bvidtute/
These seem nice, some of the basics of modeling are shown:
http://www.vrotvrot.com/xoom/tutorials.html
And these are introductory tutoriasl to Blender from Blender.org, those look really nice and easy to follow along:
http://www.blender3d.org/Education/index_old.php?sub=
and another one... almost the same
http://www.blender3d.org/cms/Using_Blender.80.0.html
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gc_maine2
06-11 08:06 AM
Completed just now
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meridiani.planum
03-16 11:15 PM
i just don't see what the fuss is about. people from india usually waited 5-6 years for a GC historically, and it's about the same, give or take one year, even now. so i don't see why 4 years of wait after i-485 is being made out to be such a big deal only NOW.......????
its not a 4 year wait you @#$$%!#$!!! From your mails here you seem to be simply trolling for, and collecting red dots (& doing a good job of it).
If your PD is EB2/EB3 India 2006 or 2007 its gonna be a 10 year wait. Atleast.
Dates have not been so badly retrogressed, ever (7 years for EB3 India!). Demand has never been so high, ever. Lots of things have led to this HUGE backlog of demand (namechecks, LC delays, increased H1 quotas in 2000/01/02, increased use of L1). The IN queue has never been this long, by an order of magnitude, and the OUT queue has remained the same for decades. We are screwed unless there are some admin fixes.
its not a 4 year wait you @#$$%!#$!!! From your mails here you seem to be simply trolling for, and collecting red dots (& doing a good job of it).
If your PD is EB2/EB3 India 2006 or 2007 its gonna be a 10 year wait. Atleast.
Dates have not been so badly retrogressed, ever (7 years for EB3 India!). Demand has never been so high, ever. Lots of things have led to this HUGE backlog of demand (namechecks, LC delays, increased H1 quotas in 2000/01/02, increased use of L1). The IN queue has never been this long, by an order of magnitude, and the OUT queue has remained the same for decades. We are screwed unless there are some admin fixes.
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Beemar
01-18 02:45 AM
I have a slightly off track question. Can the creator of this thread, and other guys who also said they got laid off too, name their companies. I am just curious to know which companies are going through downsizing.
more...
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chanduv23
01-30 09:08 PM
Benching is a concept where a H1b employee is not productive to the sponsering employer, during this time the employer does not want to pay the employee. This is not permitted because such a concept just does not make sense.
Generally people find it difficult to find their first work assignment when they do not have US experience and a lot of people have initial bench, which is also not valid, but it is common.
Nowadays a lot of these body shops also manage to get some product development or outsourced work from clients and when their employees come on bench they are made to work on these internal projects or manage outsourced work and their payroll continues as they do productive work as well as look for future assignments.
Your case is defferent and you not recieving pay check during summer is not bench.
Prolonged benching have been taken seriously by USCIS. I am not aware of any cases in detail but people have had issues with spouses not getting h4 etc...
I have never heard USCIS penalizing unpaid bench. If it a problem and such a common case, why don't we ever hear about penalty against unpaid bench?
Is it possible to take unpaid leave every year?
In teaching you have an option of not teaching in summer. This means you do not get 2-3 pay checks; happens every year because most faculty don't teach in summer. Faculty is not even aware that absence of pay checks can be a problem.
Generally people find it difficult to find their first work assignment when they do not have US experience and a lot of people have initial bench, which is also not valid, but it is common.
Nowadays a lot of these body shops also manage to get some product development or outsourced work from clients and when their employees come on bench they are made to work on these internal projects or manage outsourced work and their payroll continues as they do productive work as well as look for future assignments.
Your case is defferent and you not recieving pay check during summer is not bench.
Prolonged benching have been taken seriously by USCIS. I am not aware of any cases in detail but people have had issues with spouses not getting h4 etc...
I have never heard USCIS penalizing unpaid bench. If it a problem and such a common case, why don't we ever hear about penalty against unpaid bench?
Is it possible to take unpaid leave every year?
In teaching you have an option of not teaching in summer. This means you do not get 2-3 pay checks; happens every year because most faculty don't teach in summer. Faculty is not even aware that absence of pay checks can be a problem.
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Since1997
08-15 05:28 PM
The reason for availability is:
D. EMPLOYMENT PREFERENCE VISA AVAILABILITY FOR SEPTEMBER
Due to the return of unused July numbers by consular posts abroad, and the limited amount of pending demand eligible for final processing at consular posts, it has been possible to reestablish cut-off dates in many of the Employment preference categories.
D. EMPLOYMENT PREFERENCE VISA AVAILABILITY FOR SEPTEMBER
Due to the return of unused July numbers by consular posts abroad, and the limited amount of pending demand eligible for final processing at consular posts, it has been possible to reestablish cut-off dates in many of the Employment preference categories.
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srikondoji
06-30 09:42 PM
What exactly are you trying to say?
You contradict yourself and also make a fool of yourself.
First you suggest a random date called 9th and then admit that your prior decisions and that to GC specific did not prove to be right. Why in the world you want to post your own bad record is beyond me.
just chill. I just cooked a spicy chicken with red/orange/green peppers.
Please don't spoil my dinner after going through hell past 2 days.
In opinion July 9th onward is the best time to send 485 packages to USCIS. But this is only my opinion and understanding and every one is free to do any thing with their own decisions or with help of their attorney.
Most of the time my many decisions didn�t proven to be good in past as for as my GC processing goes. So please take your own decision yourself and dont be stressed.
You contradict yourself and also make a fool of yourself.
First you suggest a random date called 9th and then admit that your prior decisions and that to GC specific did not prove to be right. Why in the world you want to post your own bad record is beyond me.
just chill. I just cooked a spicy chicken with red/orange/green peppers.
Please don't spoil my dinner after going through hell past 2 days.
In opinion July 9th onward is the best time to send 485 packages to USCIS. But this is only my opinion and understanding and every one is free to do any thing with their own decisions or with help of their attorney.
Most of the time my many decisions didn�t proven to be good in past as for as my GC processing goes. So please take your own decision yourself and dont be stressed.
amitpan007
06-06 03:27 PM
Congratulations and good luck... Do visit us some times and help out with calling campaigns etc... Your voice just got way more important to the Law makers then ours :)
Yes Definitely I will. I am a member of texas state chapter so will be getting updates there as well.
Yes Definitely I will. I am a member of texas state chapter so will be getting updates there as well.
ramaonline
12-26 01:40 PM
there is no concept of employee transfer after 140 approval. once u get 140 approved u can get 3 year incremental h1 extension due to retrogression- portability is also allowed during these 3 years - so u can join any employer. (h1 transfer) also note that if ur current employer does not revoke the 140 u can retain the PD and use it for a new gc application with a new employer, else u must start the LC-140 etc process once again.
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