MetteBB
06-12 09:38 AM
ok since others are doing more than one I thought I'd give it another shot too... here's my second try:.... looks kinda lame :(
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pbojja
06-12 06:06 PM
This is really sad that they count all dependents under employement category. USCIS should treat all categories in same way. Can't we raise this issue?
Thats a very good point , If they dont count the dependents in Family based cateogry , why are they counting in Employment Based cateogry . Again may be rules are different but we can defiently raise this question
IV what are your thoughts on this ?
Thats a very good point , If they dont count the dependents in Family based cateogry , why are they counting in Employment Based cateogry . Again may be rules are different but we can defiently raise this question
IV what are your thoughts on this ?
swamy
12-12 08:42 PM
I dont think it's a good idea. The fundraising thread demonstrates that we do have people who understand the stakes and are willing to do something about it. Ofcourse we need a lot more money but we should be able to persuade people to contribute voluntarily. I don't like exclusive clubs
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add78
04-28 09:37 AM
It's not just 180 daysd before the application, it also includes 180 days AFTER the application.
This is the current section on 90 days period
(E)(i) In the case of an application described in clause (ii),
the employer did not displace and will not displace a United States
worker (as defined in paragraph (4)) employed by the employer within
the period beginning 90 days before and ending 90 days after the
date of filing of any visa petition supported by the application.
And the ammendment in the new bill
(1) NONDISPLACEMENT.--Subparagraph (E) of such section 212(n)(1) is amended--
(A) in clause (i)--
(i) by striking ``90 days'' both places it appears and inserting ``180 days'';
Yes, I got that already, I did not specify in my message as it is a "after the fact" requirement, i.e. I am not undermining its potential disastrous ramifications of having to force the layoff of already hired H1B if any other layoffs occur post the H1B hire, I was simply trying to focus my analysis on the impact BEFORE the H1B employee even be hired by employer or placed at client site. But yes, this applies AFTER 180 days as well.
This is the current section on 90 days period
(E)(i) In the case of an application described in clause (ii),
the employer did not displace and will not displace a United States
worker (as defined in paragraph (4)) employed by the employer within
the period beginning 90 days before and ending 90 days after the
date of filing of any visa petition supported by the application.
And the ammendment in the new bill
(1) NONDISPLACEMENT.--Subparagraph (E) of such section 212(n)(1) is amended--
(A) in clause (i)--
(i) by striking ``90 days'' both places it appears and inserting ``180 days'';
Yes, I got that already, I did not specify in my message as it is a "after the fact" requirement, i.e. I am not undermining its potential disastrous ramifications of having to force the layoff of already hired H1B if any other layoffs occur post the H1B hire, I was simply trying to focus my analysis on the impact BEFORE the H1B employee even be hired by employer or placed at client site. But yes, this applies AFTER 180 days as well.
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kubmilegaGC
09-14 11:28 PM
where is the poll at?
We were approved on 9/2.
Had opened an SR on 8/25 and had sent an email to TSC streamline on 9/1
@sdr..can you please let us know did you mention in that email or what is "TSC Streamline" email.. Does NSC has something like that?
Thanks,
We were approved on 9/2.
Had opened an SR on 8/25 and had sent an email to TSC streamline on 9/1
@sdr..can you please let us know did you mention in that email or what is "TSC Streamline" email.. Does NSC has something like that?
Thanks,
ilikekilo
04-15 03:14 PM
Thanks man for your replies. I'm gathering as much as I can. All the tickets, birth certs.
Plus, to add to the complication, I've also confirmed ticket to meet them at Frankfurt on their way to US. My Euro vacation for a week would collapse and have to cancel everything.
I'm try to keep myself sane. There are much worse situations people are facing in this forum ( for example, a ninth pregnant lady getting laid off).
Just hoping (and praying) that this can be solved smoothly.
GC is really proving to be a daaawg....
GCisaDawg.
tell me about it, let me know if you need anything...good luck 2 u..keep us posted..
Plus, to add to the complication, I've also confirmed ticket to meet them at Frankfurt on their way to US. My Euro vacation for a week would collapse and have to cancel everything.
I'm try to keep myself sane. There are much worse situations people are facing in this forum ( for example, a ninth pregnant lady getting laid off).
Just hoping (and praying) that this can be solved smoothly.
GC is really proving to be a daaawg....
GCisaDawg.
tell me about it, let me know if you need anything...good luck 2 u..keep us posted..
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mogli
07-15 09:31 PM
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sj2273
12-23 03:13 PM
done!
Happy New Year everyone!
Happy New Year everyone!
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ashkam
08-14 08:36 AM
Is this a parody post? How exactly is the law favorable to EB3? Just because they are allowed to file in EB2 later? Does this mean the law also favors children because it allows them to grow up? EB2 is in 2006. EB3 is stuck in 2001. "Plight"? Give me a break.
Quit your sniffles and dam those tears.
Quit your sniffles and dam those tears.
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burnt
04-09 12:30 AM
I received a call from my lawyer last week saying he got a call from USCIS asking the lawyer whether my wife got the TB Skin test done or not, as she did not get it originally as we were expecting our child at the moment.
I sent the lawyer the scanned copy of the TB skin test results and posted him the sealed envelope separately yesterday, which he was planning on Faxing over to USCIS. Today I saw a soft LUD on my wife's I-485.
Don't know what this means? Its hard to belive that my Lawyer is so proactive to send the fax right away. And I can't believe that someone at USCIS actually updated my wifes case after lawyers response...
So don't know whats going on there... Friends whats meant by pre-adjudication?
I sent the lawyer the scanned copy of the TB skin test results and posted him the sealed envelope separately yesterday, which he was planning on Faxing over to USCIS. Today I saw a soft LUD on my wife's I-485.
Don't know what this means? Its hard to belive that my Lawyer is so proactive to send the fax right away. And I can't believe that someone at USCIS actually updated my wifes case after lawyers response...
So don't know whats going on there... Friends whats meant by pre-adjudication?
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EkAurAaya
11-04 12:22 PM
Feb 2003!
I feel this is too small a specimen to predict anything but so far about 25% are Jun 2003 or older...
Below is purely my speculation!
Assuming there are 400k applications pending (may be a bad assumption) > so about 100k with PD's Jun 2003 or less...
10k per year allotted so 10 years to reach June 2003 :confused:
I hope my calcs are wrong! God Bless us!
I feel this is too small a specimen to predict anything but so far about 25% are Jun 2003 or older...
Below is purely my speculation!
Assuming there are 400k applications pending (may be a bad assumption) > so about 100k with PD's Jun 2003 or less...
10k per year allotted so 10 years to reach June 2003 :confused:
I hope my calcs are wrong! God Bless us!
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Macaca
03-09 07:09 PM
He quipped me back saying that he is aware of IV and IV is NOT "like-minded" group but "Money-minded" group of people, keeping on asking money all the time....Definately, its sending wrong signal...
My prioriy date has moved 1 week in 1 year. This is sufficient evidence for legislation (http://immigrationvoice.org/forum/showthread.php?t=3317&highlight=legislation) that requires Hill lobbying (http://immigrationvoice.org/forum/showthread.php?t=3255&highlight=legislation) which requires money.
Like minded
I had no understanding about legislation, politics, lobbying and money when I joined IV in Dec 2006. I used to wonder what core is talking about. However, I checked every statement against reliable media reported facts (NOT law firm blogs). I have not found a single contradiction. So I am very strongly like minded with core's direction.
Here is an example. In Dec 2006, Jeff Sessions was cited by core as the reason to derail the SKILL Bill. Here (http://immigrationvoice.org/forum/showpost.php?p=51718&postcount=21) is a recent example of an anonymous person derailing a Bill.
Money minded
Lobbying firm is the most important reason for existence of IV; grass root lobbying can be done without IV. IV paid QGA 80K (http://immigrationvoice.org/forum/showpost.php?p=50347&postcount=4) in the first quarter of 2006; this is just one expenditure but has a public record. IV has to pay a similar amount to Patton Boggs. About 260*20/month was collected in 45 days in Jan/Feb 2007.
Why can IV ignore talking about money (when balancing this deficit is very important)?
How can IV ignore talking about money ALL THE TIME (when it takes 45 days to collect 260*20)?
State Chapter Participation
You missed this. We also ask members (ALL THE TIME (http://immigrationvoice.org/forum/showthread.php?t=3482&highlight=Wisconsin)) to participate in State Chapters.
Conclusions
Some (non) members are ignorant about GC problems, legislation, politics, lobbying and IV's activities. It is not possible to understand all of them even in a month. They have to put effort to educate themselves. Hence, the quotes
Most people struggle with life balance simply because they haven't paid the price to decide what is really important to them.
If we keep doing what we're doing, we're going to keep getting what we're getting.
My prioriy date has moved 1 week in 1 year. This is sufficient evidence for legislation (http://immigrationvoice.org/forum/showthread.php?t=3317&highlight=legislation) that requires Hill lobbying (http://immigrationvoice.org/forum/showthread.php?t=3255&highlight=legislation) which requires money.
Like minded
I had no understanding about legislation, politics, lobbying and money when I joined IV in Dec 2006. I used to wonder what core is talking about. However, I checked every statement against reliable media reported facts (NOT law firm blogs). I have not found a single contradiction. So I am very strongly like minded with core's direction.
Here is an example. In Dec 2006, Jeff Sessions was cited by core as the reason to derail the SKILL Bill. Here (http://immigrationvoice.org/forum/showpost.php?p=51718&postcount=21) is a recent example of an anonymous person derailing a Bill.
Money minded
Lobbying firm is the most important reason for existence of IV; grass root lobbying can be done without IV. IV paid QGA 80K (http://immigrationvoice.org/forum/showpost.php?p=50347&postcount=4) in the first quarter of 2006; this is just one expenditure but has a public record. IV has to pay a similar amount to Patton Boggs. About 260*20/month was collected in 45 days in Jan/Feb 2007.
Why can IV ignore talking about money (when balancing this deficit is very important)?
How can IV ignore talking about money ALL THE TIME (when it takes 45 days to collect 260*20)?
State Chapter Participation
You missed this. We also ask members (ALL THE TIME (http://immigrationvoice.org/forum/showthread.php?t=3482&highlight=Wisconsin)) to participate in State Chapters.
Conclusions
Some (non) members are ignorant about GC problems, legislation, politics, lobbying and IV's activities. It is not possible to understand all of them even in a month. They have to put effort to educate themselves. Hence, the quotes
Most people struggle with life balance simply because they haven't paid the price to decide what is really important to them.
If we keep doing what we're doing, we're going to keep getting what we're getting.
more...
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gc_for_desi
04-14 03:00 PM
I've filed for my 140 with a substitute labor in July of 2007 under EB 3. The labour had a priority date in 2002.
My company has around 50+ employees and has been doing good from over 12 years. All the employees are being paid as promised from the start.
I joined the company in Jan of 2006 and was being paid in time and as promised from day 1.
There was an RFE raised on my 140 filed with substitution with rgrds to Ability to Pay. The proferred wage mentioned in the Labour was 75K and my company had the ability to pay in 2002, 2003 and 2004 based on their financial documents except for the year 2005.
In 2005 the company started a new division and hired several people, basically they were restructuring their company for the future and there net or gross whatever income was in -ve, They spent a lot of money on training, hiring etc.., which are reflected in their financial documents.
They were back too good numbers in 2006 and 2007 while i was working for them. In 2006 my W-2 show salary less then the proferred wage in the labour and at that point of time the company nor myself had any idea that we would substitute this X labour for me, But the companies numbers were good to support the difference of amount in 2006.
In the year 2007, i had a good hike, but was still below the proferred wage but only by 3K, and again the company had enuf finances to support the difference of amount.
Starting of 2008, i got another good hike and am way above the proferred wage.
Now the RFE was raised for Ability to pay from 2002 to current date, the current date being March 2008 when the RFE was raised.
My company submitted all the docs required and for the RFE and also clearly explained the reasons for the numbers being bad in 2005. They submitted my w-2's for 2006, 2007 and salary stubs for Jan and Feb of 2008 along with their tax returns, etc from 2002 to 2007.
Now the Response has been file on March 28th and am awaiting the decision, has anybody faced any similar situations and what could be the results you guys predict.
Would the USCIS consider only 2 months of my salary stubs in 2008 to qualify my case as being paid more than the proferred wage or would they scrutinize every other thing....
Any replies are appreciated.... Thanks
My company has around 50+ employees and has been doing good from over 12 years. All the employees are being paid as promised from the start.
I joined the company in Jan of 2006 and was being paid in time and as promised from day 1.
There was an RFE raised on my 140 filed with substitution with rgrds to Ability to Pay. The proferred wage mentioned in the Labour was 75K and my company had the ability to pay in 2002, 2003 and 2004 based on their financial documents except for the year 2005.
In 2005 the company started a new division and hired several people, basically they were restructuring their company for the future and there net or gross whatever income was in -ve, They spent a lot of money on training, hiring etc.., which are reflected in their financial documents.
They were back too good numbers in 2006 and 2007 while i was working for them. In 2006 my W-2 show salary less then the proferred wage in the labour and at that point of time the company nor myself had any idea that we would substitute this X labour for me, But the companies numbers were good to support the difference of amount in 2006.
In the year 2007, i had a good hike, but was still below the proferred wage but only by 3K, and again the company had enuf finances to support the difference of amount.
Starting of 2008, i got another good hike and am way above the proferred wage.
Now the RFE was raised for Ability to pay from 2002 to current date, the current date being March 2008 when the RFE was raised.
My company submitted all the docs required and for the RFE and also clearly explained the reasons for the numbers being bad in 2005. They submitted my w-2's for 2006, 2007 and salary stubs for Jan and Feb of 2008 along with their tax returns, etc from 2002 to 2007.
Now the Response has been file on March 28th and am awaiting the decision, has anybody faced any similar situations and what could be the results you guys predict.
Would the USCIS consider only 2 months of my salary stubs in 2008 to qualify my case as being paid more than the proferred wage or would they scrutinize every other thing....
Any replies are appreciated.... Thanks
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smisachu
01-21 04:25 PM
smisachu,
You seemed to be a Pro with so much of information.
I know this is a pretty old thread, but interested to find out if you give some tips on starting this business on a H1B and how i can withdraw profits from that?
Any help is appreciated.
Thanks
What exactly do you mean when you say starting this business? Do you want to open a trading account on your own and trade? Join a day trading firm? Or open a Fund? Each one will have different implications on H1. You can open your own investment account with a brokerage firm and trade your own money, no problem with H1 what so ever.
If you join a day trading firm you will have to be on H1 with them. Very few ones do but I know of a couple who will do it. In fact a classmate of mine is working as a Trader/Analyst with a small trading firm in NYC. They have sponsored his H1.
Starting a fund, (if you can get the seed money :D), you open a LLC and sponsor yourself. You will be an employee of the company and draw a salary. You tell me what you have in mind and I will tell you what to do or what I did.
You seemed to be a Pro with so much of information.
I know this is a pretty old thread, but interested to find out if you give some tips on starting this business on a H1B and how i can withdraw profits from that?
Any help is appreciated.
Thanks
What exactly do you mean when you say starting this business? Do you want to open a trading account on your own and trade? Join a day trading firm? Or open a Fund? Each one will have different implications on H1. You can open your own investment account with a brokerage firm and trade your own money, no problem with H1 what so ever.
If you join a day trading firm you will have to be on H1 with them. Very few ones do but I know of a couple who will do it. In fact a classmate of mine is working as a Trader/Analyst with a small trading firm in NYC. They have sponsored his H1.
Starting a fund, (if you can get the seed money :D), you open a LLC and sponsor yourself. You will be an employee of the company and draw a salary. You tell me what you have in mind and I will tell you what to do or what I did.
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chanukya
02-05 05:00 PM
Carlau,
Are you suggesting IV/logiclife promised to make H4 also be able to work 6 months ago, and now they back tracked.
And that was the reason you joined IV
I am very dissapointed but very glad you finally said it, wish you did 6 months ago.
Are you suggesting IV/logiclife promised to make H4 also be able to work 6 months ago, and now they back tracked.
And that was the reason you joined IV
I am very dissapointed but very glad you finally said it, wish you did 6 months ago.
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nixstor
03-14 01:00 PM
D. INDIA EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY
Section 202(a)(5) of the Immigration and Nationality Act provides that if total demand will be insufficient to use all available numbers in a particular Employment preference category in a calendar quarter, then the unused numbers may be made available without regard to the annual �per-country� limit. It has been determined that based on the current level of demand being received, primarily by Citizenship and Immigration Services Offices, there would be otherwise unused numbers in the Employment Second preference category. As a result, numbers have once again become available to the India Employment Second preference category. The rate of number use in the Employment Second preference category will continue to be monitored, and it may be necessary to make adjustments should the level of demand increase substantially.
May be EB2 India and China can see some movement in July VB published in June.
This piece in VB is telling that the unused numbers in EB2 will be given to the retrogressed countries in EB2. The VB when it defines the categories, also defines EB2 as 27.6% of 140K and what ever is left over from EB1. EB1 is current for some time now and EB1 also circularly gets unused numbers from EB-4 and 5 which account for around 20K. My thoughts are here (http://nixstor.blogspot.com/2008/03/thoughts-on-april08-visa-bulletin-and.html). I have been under the assumption that EB-3 ROW must become current for EB-2 retrogressed countries to move significantly forward because of spill over and not by the quota they get every quarter. It does not sound like that. Am I just hallucinating or Am I just reading too much or Is it just the VB as usual unpredictable and capricious?
Section 202(a)(5) of the Immigration and Nationality Act provides that if total demand will be insufficient to use all available numbers in a particular Employment preference category in a calendar quarter, then the unused numbers may be made available without regard to the annual �per-country� limit. It has been determined that based on the current level of demand being received, primarily by Citizenship and Immigration Services Offices, there would be otherwise unused numbers in the Employment Second preference category. As a result, numbers have once again become available to the India Employment Second preference category. The rate of number use in the Employment Second preference category will continue to be monitored, and it may be necessary to make adjustments should the level of demand increase substantially.
May be EB2 India and China can see some movement in July VB published in June.
This piece in VB is telling that the unused numbers in EB2 will be given to the retrogressed countries in EB2. The VB when it defines the categories, also defines EB2 as 27.6% of 140K and what ever is left over from EB1. EB1 is current for some time now and EB1 also circularly gets unused numbers from EB-4 and 5 which account for around 20K. My thoughts are here (http://nixstor.blogspot.com/2008/03/thoughts-on-april08-visa-bulletin-and.html). I have been under the assumption that EB-3 ROW must become current for EB-2 retrogressed countries to move significantly forward because of spill over and not by the quota they get every quarter. It does not sound like that. Am I just hallucinating or Am I just reading too much or Is it just the VB as usual unpredictable and capricious?
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trueguy
08-27 12:48 PM
It cann't be EB3-ROW. EB3-ROW should start somewhere in 2006 hopefully.
Here is EB3 PD movement for FY 2008:
Month EB3-I EB3-ROW
Sep'2008 Unavailable Unavailable
Aug'2008 Unavailable Unavailable
Jul'2008 Unavailable Unavailable
Jun'2008 Nov01'2001 Mar01'2006
May'2008 Nov01'2001 Mar01'2006
Apr'2008 Oct01'2001 Jul01'2005
Mar'2008 Aug01'2001 Jan01'2005
Feb'2008 May08'2001 Nov01'2002
Jan'2008 May01'2001 Oct15'2002
Dec'07 May01'2001 Sep01'2002
Nov'07 Apr'22'2001 Aug01'2002
Oct'07 Apr'22'2001 Aug01'2002
Here is EB3 PD movement for FY 2008:
Month EB3-I EB3-ROW
Sep'2008 Unavailable Unavailable
Aug'2008 Unavailable Unavailable
Jul'2008 Unavailable Unavailable
Jun'2008 Nov01'2001 Mar01'2006
May'2008 Nov01'2001 Mar01'2006
Apr'2008 Oct01'2001 Jul01'2005
Mar'2008 Aug01'2001 Jan01'2005
Feb'2008 May08'2001 Nov01'2002
Jan'2008 May01'2001 Oct15'2002
Dec'07 May01'2001 Sep01'2002
Nov'07 Apr'22'2001 Aug01'2002
Oct'07 Apr'22'2001 Aug01'2002
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anandrajesh
02-01 12:26 PM
Please donot let this thread a self-flogging ritual...
We the H1Bs are the victims of the this system. We did not create this system. It is true that there are social costs associated with this system. Abolishing the system is not the solution. Reform and making the system just is the solution..That is all we are asking for....
Blaming the victim of an atrocity for the atrocity is sheer stupidity....
Remember for Every Google, there is a ENRON. So based on ENRON experience you dont generalize all American Corps are dishonest.
Same logic applies here i work for a Small "Desi" Company and they are very honest and pay me reasonably well. They dont break laws or find ways to circumvent it. So i dont like to hear all H1Bs Companies are Cheats.
We the H1Bs are the victims of the this system. We did not create this system. It is true that there are social costs associated with this system. Abolishing the system is not the solution. Reform and making the system just is the solution..That is all we are asking for....
Blaming the victim of an atrocity for the atrocity is sheer stupidity....
Remember for Every Google, there is a ENRON. So based on ENRON experience you dont generalize all American Corps are dishonest.
Same logic applies here i work for a Small "Desi" Company and they are very honest and pay me reasonably well. They dont break laws or find ways to circumvent it. So i dont like to hear all H1Bs Companies are Cheats.
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chanduv23
03-13 01:29 PM
Thanks Walking_dude. This is the kind of information, I have been looking for. The blog is excellent. I hope with like minded people in my area, I can set the ball rolling, here in Nebraska.
We are with u. We are your friends. Lets get the ball rolling in Nebraska. Contact paskal for more info on what u need to do.
Good luck
We are with u. We are your friends. Lets get the ball rolling in Nebraska. Contact paskal for more info on what u need to do.
Good luck
swamy
11-27 03:45 PM
There's a book put out by three 'scholars' from the Manhattan Institute with an innocuous title and everything else inside it anything but! The debate is being pushed to dangerous new grounds - while many openly say that all of America's immigration problems began in the 60's, code for colored people allowed in legally, one author said it was 'wrong' to link opening up immigration to all races (by abolishing hemispherical quota) and the civil-rights movement. Ofcourse he didn't say why. They always have to make a big point about Kennedy predicting that immigration wouldn't surge with the 60's act but why the 'surge' is a bad thing in itself is never fully explained - making use of hazy data and cause and effects that are highly diffuse to be really a true 'cause/effect' is the scholarly methodology used.And ofcourse he also argued that previous waves of immigration are different from the current ones but when the argument is brought up that immigrants eventually assimilate suddenly history is no guidance - in other words don’t look at history now! Given the complete lack of spine or commonsense of IV browsers, one can only hope this is just an ugly cycle that plays itself out and decent people recover their sensibility
snram4
01-17 12:11 PM
The response is expected. Unless IV core members support nothing will move. Many similar threads came and go in past. IV is giving critical updates only to Donor members. So only donor members will know what is happening. Others will not know anything and will not have any direction. That may be one of the reason for poor response for these kinds of polls. If majority of the members are donors then that will be effective.
Count me in as well. This memo is completely discriminatory and will do more harm than good. It is surprising that very few are willing to come forward and fight this abuse. I am sure that there are hundreds of affected members and a collective effort will help us all.
Count me in as well. This memo is completely discriminatory and will do more harm than good. It is surprising that very few are willing to come forward and fight this abuse. I am sure that there are hundreds of affected members and a collective effort will help us all.
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