smuggymba
08-12 01:08 PM
The impact to companies like Infy etc is ~5-10MM
If someone look at their last year Balance sheet, They spent appx 16MM on visas, now assuming H1 cost came to ~10MM (these companies do lot of business elsewhere )
that would translate to ~ 2500 filings (including extn, new etc)
this additional $2000 would result in additional $5MM cost if they decide to continue filing 2500
This would not be too huge to make a dent on these companies. yes they may increase their billing to client by $2-5
So who is ultimately paying it is the American companies who use offshoring companies.
This new law:
1.) won't stop Infy, TCS from operating in USA
2.) Won't create jobs for americans
3.) Won't increase the competitiveness of american employees
4.) Will increase offshoring
5.) Will make a small dent in the profits of Indian companies but they likely will cut down on expenses/bonuseses/initiatives
If someone look at their last year Balance sheet, They spent appx 16MM on visas, now assuming H1 cost came to ~10MM (these companies do lot of business elsewhere )
that would translate to ~ 2500 filings (including extn, new etc)
this additional $2000 would result in additional $5MM cost if they decide to continue filing 2500
This would not be too huge to make a dent on these companies. yes they may increase their billing to client by $2-5
So who is ultimately paying it is the American companies who use offshoring companies.
This new law:
1.) won't stop Infy, TCS from operating in USA
2.) Won't create jobs for americans
3.) Won't increase the competitiveness of american employees
4.) Will increase offshoring
5.) Will make a small dent in the profits of Indian companies but they likely will cut down on expenses/bonuseses/initiatives
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zeta7
03-25 07:10 PM
Guys,
I applied AP in Jan 4th 2008. Last week on 13th there was a LUD on AP. Today the status changed to "Document Mailed to applicant". Based on your experiences does this means RFE or Approval. BTW i belong to Nebraska Service Center.
sree
I believe that means the AP is on it's way. And you had a superfast turnaround time! I applied for AP on November 6'th, and my status changed to "Document Mailed to applicant" on March 17'th. Nebraska certainly seems to have a sort of LIFO policy rather than FIFO.
I still haven't received my documents either. I will wait a few more days before bugging my lawyer.
I applied AP in Jan 4th 2008. Last week on 13th there was a LUD on AP. Today the status changed to "Document Mailed to applicant". Based on your experiences does this means RFE or Approval. BTW i belong to Nebraska Service Center.
sree
I believe that means the AP is on it's way. And you had a superfast turnaround time! I applied for AP on November 6'th, and my status changed to "Document Mailed to applicant" on March 17'th. Nebraska certainly seems to have a sort of LIFO policy rather than FIFO.
I still haven't received my documents either. I will wait a few more days before bugging my lawyer.
GCBy3000
07-19 04:00 PM
Yes, you can.Check with your attorney
I have a question about a unique situation of getting stuck in BEC and applying 485 with a newer PERM case. If LC is stuck in BEC at this time, but the person has a new PERM+140 from a different location and applies 485. Can this person change the priority date of 485 when the old LC from BEC gets approved, and 140 approved, to the BEC PD?
I have a question about a unique situation of getting stuck in BEC and applying 485 with a newer PERM case. If LC is stuck in BEC at this time, but the person has a new PERM+140 from a different location and applies 485. Can this person change the priority date of 485 when the old LC from BEC gets approved, and 140 approved, to the BEC PD?
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aquarianf
08-26 01:25 PM
I'm looking for homeloan options in India. Which bank would be good to apply for home loans.
Was thinking about ICICI bank but got scared after going through the other thread about how ICICI bank is into stealing.
I would appreciate it if anyone can give me few suggestions on this.
Thank you.
As many members posted, avoid ICICI. When you apply for loan, they will come to you and lick your feet and will do all sorts of promise about services. But after you take loan, you won't find same level of service.
But whatever bank you decide to go with, DO NOT GIVE THEM YOUR SOCIAL SECURITY NUMBER. It is not safe at all in their hand. Some banks requires SSN and some don't. ICICI requires SSN and credit report authorization. Negotiate with them. We negotiated with them and refused to give them social security number. We generated credit report ourselves and crossed out SSN and all account numbers from it properly. We did the same thing with other documents ie paystubs etc.
We have two home loans one with ICICI and another with SBI. We have better experience with SBI. My parents are power of attorney holder and they mostly deal with bank and according to them SBI is much better then ICICI do deal with locally. We have now decided to prepay our loan with ICICI in next 6 months in full.
Again remember DO NOT GIVE THEM YOUR SOCIAL SECURITY NUMBER.
Was thinking about ICICI bank but got scared after going through the other thread about how ICICI bank is into stealing.
I would appreciate it if anyone can give me few suggestions on this.
Thank you.
As many members posted, avoid ICICI. When you apply for loan, they will come to you and lick your feet and will do all sorts of promise about services. But after you take loan, you won't find same level of service.
But whatever bank you decide to go with, DO NOT GIVE THEM YOUR SOCIAL SECURITY NUMBER. It is not safe at all in their hand. Some banks requires SSN and some don't. ICICI requires SSN and credit report authorization. Negotiate with them. We negotiated with them and refused to give them social security number. We generated credit report ourselves and crossed out SSN and all account numbers from it properly. We did the same thing with other documents ie paystubs etc.
We have two home loans one with ICICI and another with SBI. We have better experience with SBI. My parents are power of attorney holder and they mostly deal with bank and according to them SBI is much better then ICICI do deal with locally. We have now decided to prepay our loan with ICICI in next 6 months in full.
Again remember DO NOT GIVE THEM YOUR SOCIAL SECURITY NUMBER.
more...
Raju
07-06 01:35 PM
66K plus 60K still only makes 126K, do they still have another 20K or so? How does the math tally here?
I think this all boils down to them wanting to clear the 485 backlog without accepting any more 485s all while not wasting any visa numbers for this year.
In an effort to juggle all these issues, they screwed it all up.
Bottom line is they want to streamline the system such that they don't have "unapprovable" 485s in the system. They have caught on to the way the lawyers and us legal immigrants were filing 485s to get our foot in the door then sitting tight for eons. They simply don't want that. They either want you here on a visa or on a green card straightforwardly. Thats what I am getting from all this.
There are about 18K CP cases.
I think this all boils down to them wanting to clear the 485 backlog without accepting any more 485s all while not wasting any visa numbers for this year.
In an effort to juggle all these issues, they screwed it all up.
Bottom line is they want to streamline the system such that they don't have "unapprovable" 485s in the system. They have caught on to the way the lawyers and us legal immigrants were filing 485s to get our foot in the door then sitting tight for eons. They simply don't want that. They either want you here on a visa or on a green card straightforwardly. Thats what I am getting from all this.
There are about 18K CP cases.
vbkris77
02-26 02:39 PM
Here is how I came up with that analysis. Last year they made changes to give GC for those stuck in FBI name check if they passed 180 days. So most of the ROW got their GC last year. There were not many labors approved from 2008. So there is no demand from EB2 ROW this year. With the economy going down, not many would get EB1s either. I don't anticipate many EB5s either this year. So major chunk of EB visas will need to come to EB2I/C. Will CIS do that or not is a different story.
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willwin
07-11 11:18 AM
Nothing against EB2 or other, at least let them enjoy the freedom.
It is really frustrating, because of the mistake by the attorney or stupid company policy etc, people like us with pd 2001 etc waiting on EB3. In my case I had PG with 7 yrs exp when filing, but for the stupid lawyer and company policy. putting aside the original classification of categories, given the present scenario, Not sure what way EB2 is better than EB3
Paskal is watching you! EB3 deserves this. I am EB3 India 2005, in for a looooong wait for another decade? May be.
And, BTW is somebody hijacking this thread?!?! Not me, Paskal!
It is really frustrating, because of the mistake by the attorney or stupid company policy etc, people like us with pd 2001 etc waiting on EB3. In my case I had PG with 7 yrs exp when filing, but for the stupid lawyer and company policy. putting aside the original classification of categories, given the present scenario, Not sure what way EB2 is better than EB3
Paskal is watching you! EB3 deserves this. I am EB3 India 2005, in for a looooong wait for another decade? May be.
And, BTW is somebody hijacking this thread?!?! Not me, Paskal!
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amitjoey
04-29 03:39 PM
We will start calling. Thanks. We should leave no stone unturned. No doubts. Just do it!!
more...
MDix
08-22 09:32 PM
Simple English : EB2 will be more tough. They do have same strict guideline for EB1 also. If implemented then it will be tough to get EB2.
E21(EB2):
5. Paragraph (2)(A) of Chapter 22.2(j) of the AFM is revised to read as follows:
(A) Evaluation of Evidence Submitted in Support of a Petition for an Alien of Exceptional Ability. 8 CFR 204.5(k)(3)(ii) provides that, in order to show the requisite exceptional ability, the petition must be accompanied by at least three of six criteria (set forth in 8 CFR 204.5(k)(3)(ii)). ISOs should use a two-part analysis where the evidence is first counted and then considered in the context of a final merits determination.
Part One: Evaluate Whether the Evidence Provided Meets at Least Three E21 Alien of Exceptional Ability Criteria. You must make a determination regarding whether the evidence submitted in the petition meets at least three criteria at 8 CFR 204.5(k)(3)(ii). Note: While ISOs must consider the quality and caliber of the evidence to determine whether a particular regulatory criterion has been met, the ISO should not make a determination relative to the alien�s claimed exceptional ability in Part One of the case analysis.
(i) An official academic record showing that the alien has a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to the area of exceptional ability;
(ii) Evidence in the form of letter(s) from current or former employer(s) showing that the alien has at least ten years of full-time experience in the occupation for which he or she is being sought;
(iii) A license to practice the profession or certification for a particular profession or occupation;
(iv) Evidence that the alien has commanded a salary, or other remuneration for services, which demonstrates exceptional ability;
Note: To satisfy this criterion, the evidence must show that the alien has commanded a salary or remuneration for services that is indicative of his or her claimed exceptional ability relative to others working in the field.
(v) Evidence of membership in professional associations; or
(vi) Evidence of recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organizations.
Evaluation of Evidentiary Criteria in Certain Form I-140 Petitions (AFM Update AD 10-41)
Page 16
(vii) If the above standards do not readily apply to the beneficiary's occupation, the petitioner may submit comparable evidence to establish the beneficiary's eligibility.
8 CFR 204.5(k)(3)(iii) provides that petitioners may submit �comparable evidence� to establish an alien�s eligibility in cases where the standards set forth in 8 CFR 204.5(k)(3)(ii) do not apply. In cases where such comparable evidence is submitted, it is reasonable to require the petitioner to explain why 8 CFR 204.5(k)(3)(ii) does not apply.
Part One: Evaluative Determination. The determination in Part One of the analysis is limited whether the evidence submitted satisfies at least three of the criteria at 8 CFR 204.5(k)(3)(ii) or the comparable evidence criterion in 8 CFR 204.5(k)(3)(iii). After determining that, by a preponderance of the evidence, those criteria have been met, the ISO should move on to Part Two of the analysis to make a separate merits-based determination of eligibility based on the totality of evidence presented.
Part Two: Final Merits Determination. Meeting the minimum requirement by providing evidence three of the regulatory criteria does not, in itself, establish that the alien in fact meets the requirements for classification as an alien of exceptional ability under section 203(b)(2) of the INA. In Part Two of the analysis, you must consider all of the evidence to make a final merit determination of whether or not the petitioner has, by a preponderance of the evidence, shown that the beneficiary is at a degree of expertise significantly above that ordinarily encountered. Therefore, evidence submitted to establish exceptional ability must somehow place the alien above others in the field in order to fulfill the criteria; qualifications possessed by most members of a given field cannot demonstrate a degree of expertise "significantly above that ordinarily encountered." Note that section 203(b)(2)(C) of INA provides that mere possession of a degree, diploma, certificate or similar award from a college, university school or other institution of learning shall not by itself be considered sufficient evidence of exceptional ability. To meet the criterion set forth in 8 CFR 204.5(k)(3)(ii)(F), formal recognition in the form of certificates and other documentation that are contemporaneous with the alien�s claimed contributions and achievements may have more weight than letters prepared for the petition "recognizing" the alien's achievements.
6. The existing text of paragraph (2)(B) of Chapter 22.2(j) of the AFM is removed and the paragraph is reserved.
7. Technical Correction: The thirteenth paragraph in Chapter 22.2(b)(5)(B) of the AFM is revised to read as follows:
For successor-in-interest purposes, the transfer of ownership may occur at any time after the filing of the original labor certification with DOL.
Evaluation of Evidentiary Criteria in Certain Form I-140 Petitions (AFM Update AD 10-41)
Page 17
8. Technical Correction: The DOL email address to use to request duplicate approved labor certifications from DOL in paragraphs (9) and (10) of Chapter 22.2(b) of the AFM is revised (in both paragraphs) to read as follows:
The duplicate
E21(EB2):
5. Paragraph (2)(A) of Chapter 22.2(j) of the AFM is revised to read as follows:
(A) Evaluation of Evidence Submitted in Support of a Petition for an Alien of Exceptional Ability. 8 CFR 204.5(k)(3)(ii) provides that, in order to show the requisite exceptional ability, the petition must be accompanied by at least three of six criteria (set forth in 8 CFR 204.5(k)(3)(ii)). ISOs should use a two-part analysis where the evidence is first counted and then considered in the context of a final merits determination.
Part One: Evaluate Whether the Evidence Provided Meets at Least Three E21 Alien of Exceptional Ability Criteria. You must make a determination regarding whether the evidence submitted in the petition meets at least three criteria at 8 CFR 204.5(k)(3)(ii). Note: While ISOs must consider the quality and caliber of the evidence to determine whether a particular regulatory criterion has been met, the ISO should not make a determination relative to the alien�s claimed exceptional ability in Part One of the case analysis.
(i) An official academic record showing that the alien has a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to the area of exceptional ability;
(ii) Evidence in the form of letter(s) from current or former employer(s) showing that the alien has at least ten years of full-time experience in the occupation for which he or she is being sought;
(iii) A license to practice the profession or certification for a particular profession or occupation;
(iv) Evidence that the alien has commanded a salary, or other remuneration for services, which demonstrates exceptional ability;
Note: To satisfy this criterion, the evidence must show that the alien has commanded a salary or remuneration for services that is indicative of his or her claimed exceptional ability relative to others working in the field.
(v) Evidence of membership in professional associations; or
(vi) Evidence of recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organizations.
Evaluation of Evidentiary Criteria in Certain Form I-140 Petitions (AFM Update AD 10-41)
Page 16
(vii) If the above standards do not readily apply to the beneficiary's occupation, the petitioner may submit comparable evidence to establish the beneficiary's eligibility.
8 CFR 204.5(k)(3)(iii) provides that petitioners may submit �comparable evidence� to establish an alien�s eligibility in cases where the standards set forth in 8 CFR 204.5(k)(3)(ii) do not apply. In cases where such comparable evidence is submitted, it is reasonable to require the petitioner to explain why 8 CFR 204.5(k)(3)(ii) does not apply.
Part One: Evaluative Determination. The determination in Part One of the analysis is limited whether the evidence submitted satisfies at least three of the criteria at 8 CFR 204.5(k)(3)(ii) or the comparable evidence criterion in 8 CFR 204.5(k)(3)(iii). After determining that, by a preponderance of the evidence, those criteria have been met, the ISO should move on to Part Two of the analysis to make a separate merits-based determination of eligibility based on the totality of evidence presented.
Part Two: Final Merits Determination. Meeting the minimum requirement by providing evidence three of the regulatory criteria does not, in itself, establish that the alien in fact meets the requirements for classification as an alien of exceptional ability under section 203(b)(2) of the INA. In Part Two of the analysis, you must consider all of the evidence to make a final merit determination of whether or not the petitioner has, by a preponderance of the evidence, shown that the beneficiary is at a degree of expertise significantly above that ordinarily encountered. Therefore, evidence submitted to establish exceptional ability must somehow place the alien above others in the field in order to fulfill the criteria; qualifications possessed by most members of a given field cannot demonstrate a degree of expertise "significantly above that ordinarily encountered." Note that section 203(b)(2)(C) of INA provides that mere possession of a degree, diploma, certificate or similar award from a college, university school or other institution of learning shall not by itself be considered sufficient evidence of exceptional ability. To meet the criterion set forth in 8 CFR 204.5(k)(3)(ii)(F), formal recognition in the form of certificates and other documentation that are contemporaneous with the alien�s claimed contributions and achievements may have more weight than letters prepared for the petition "recognizing" the alien's achievements.
6. The existing text of paragraph (2)(B) of Chapter 22.2(j) of the AFM is removed and the paragraph is reserved.
7. Technical Correction: The thirteenth paragraph in Chapter 22.2(b)(5)(B) of the AFM is revised to read as follows:
For successor-in-interest purposes, the transfer of ownership may occur at any time after the filing of the original labor certification with DOL.
Evaluation of Evidentiary Criteria in Certain Form I-140 Petitions (AFM Update AD 10-41)
Page 17
8. Technical Correction: The DOL email address to use to request duplicate approved labor certifications from DOL in paragraphs (9) and (10) of Chapter 22.2(b) of the AFM is revised (in both paragraphs) to read as follows:
The duplicate
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chanduv23
05-14 01:46 PM
this is extremely useful information. Can you please update IV Wiki, when you get a chance ? www.immigrationvoice.com/wiki
I agree. And we also need more information on such topics. We need a '101' so that people are aware.
I agree. And we also need more information on such topics. We need a '101' so that people are aware.
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ksefiane
09-12 03:10 PM
I have contacted newsrooms in Lynchburg, Roanoke, Charlottesville, Richmond, Danville, Blacksburg, and the New River Valley.
Thanks!
Karima
Thanks!
Karima
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techskill
08-12 02:34 AM
There is something fishy. Its not possible that he could apply for 485 with the PD of September 2006 in June 2007 . Only people with priority date with June 2003 and earlier could apply. I know this because our PD is July 2003 and we applied only in July 2007. Please people stop this.
Since your PD is June 2003, you could have applied in June 2007 because in June Visa bulletin(released in May ) it moved till April 2004.
Since your PD is June 2003, you could have applied in June 2007 because in June Visa bulletin(released in May ) it moved till April 2004.
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gonecrazyonh4
04-25 12:46 PM
Tax returns can be filed by illegal immigrants too with an ITIN number.
Any rule that doesnot discriminate betweten legal and illegal immigrants would just increase our woes.
Any rule that doesnot discriminate betweten legal and illegal immigrants would just increase our woes.
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senthil1
10-03 04:40 PM
Increasing green card numbers will resolve this problem also. For example doubling the Visa numbers will not have much impact when CIS wastes a few hundred or a few thousand Visa numbers. If Annual cap is 300k then also CIS may waste 5k Visa numbers every year on average. But without increasing gc numbers even full utilization of 140k Visa will not have any impact Indian PD as demand is high.
Last year they "wasted" about 10K visa numbers. It is absolutely up to them. However congress has authorized 140k a year and there are huge backlogs for AOS and CP. So when you put that together, leaving about 10K unapproved is clearly not enforcing congressional mandates. The ombudsman blasted them for this in his report, then we had the VB fiasco. None of this sounds like great management of the benefits. There clearly is room for improvement.
We (us and our employers) as the recipients of the benefits are complaining about this, and it is perfectly legitimate.
If any visa numbers are left unused, I definitely think we ought to take up this issue with congressional leaders like Zoe Lofgren. Even just a visa recapture legislation alone would help us tremendously until 2009(about the earliest they might get back to this issue more fully).
Last year they "wasted" about 10K visa numbers. It is absolutely up to them. However congress has authorized 140k a year and there are huge backlogs for AOS and CP. So when you put that together, leaving about 10K unapproved is clearly not enforcing congressional mandates. The ombudsman blasted them for this in his report, then we had the VB fiasco. None of this sounds like great management of the benefits. There clearly is room for improvement.
We (us and our employers) as the recipients of the benefits are complaining about this, and it is perfectly legitimate.
If any visa numbers are left unused, I definitely think we ought to take up this issue with congressional leaders like Zoe Lofgren. Even just a visa recapture legislation alone would help us tremendously until 2009(about the earliest they might get back to this issue more fully).
more...
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eb3retro
07-11 11:53 AM
this is surprising. really the dates should move- at least some. i keep thinking with each bulletin that EB3 will surely move now but it just has not happened. at this moment of course they have simply made it U. i wonder though if the dates will move when the october quota comes in.
is there any way, any way in this whole freakin process, that we can get some sort of explanation for eb3-I first hand from DOS or USCIS? i mean there needs to be some justification for the acts? i know there are laws to interpret these dates, but how do we know that those laws are interpreted correctly by DOS or USCIS? though i am in eb3-I , jan 2003, i personally know atleast 3 folks who are in 2002 - eb3-I. Can we get some sort of guidance here.
is there any way, any way in this whole freakin process, that we can get some sort of explanation for eb3-I first hand from DOS or USCIS? i mean there needs to be some justification for the acts? i know there are laws to interpret these dates, but how do we know that those laws are interpreted correctly by DOS or USCIS? though i am in eb3-I , jan 2003, i personally know atleast 3 folks who are in 2002 - eb3-I. Can we get some sort of guidance here.
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red200
12-10 07:31 PM
IV can you please shed the light on this. EAD is a step closer Greencard. One will eventually get one. Even when some one is waiting on EAD he/she almost have all the benefits of GC except to renew each time
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GCwaitforever
12-26 03:00 PM
Bad news unless they allow mass conversion of TR applications into non-RIR. Imagine they took two years to get rid of 220,000 easier applications (2005 and 2006). Now they are left with some of the old TR applications and they must be thinking of how to meet the September deadline. I would not be surprised if they ask for an extension, citing processing difficulties.
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lazycis
05-14 12:17 PM
No man.........I am waiting for the outcome.......In fact to be frank I am bracing myself for Writ of Mandamus Lawsuit.....frustration....
Congressman's liason may be able to help, but to be on the safe side, fork out $350 and dispute the denial in federal district court. It is different from mandamus, it's an agency action which is not in accordance with the law. Court filing may help you to preserve status/EAD/AP.
Congressman's liason may be able to help, but to be on the safe side, fork out $350 and dispute the denial in federal district court. It is different from mandamus, it's an agency action which is not in accordance with the law. Court filing may help you to preserve status/EAD/AP.
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ragz4u
03-16 09:06 AM
I just spoke with a CapitolHearings rep and she said she is going to get the technical team in charge of this to look into it
Hopefully it should start soon
They have not heard back from the technical team that does the relaying of live feeds. I'll bug them again in a few minutes
Hopefully it should start soon
They have not heard back from the technical team that does the relaying of live feeds. I'll bug them again in a few minutes
indio0617
03-09 11:07 AM
Sen : says he has several amendments (title 2) still to discuss
6181, 6238, 6239, 6182 (mandatory federal response) , information sharing, deportability for criminal offenses
Sen Specter: Says they will have another session next Wednesday, thursday for further amendments, markups. Title 2 will close. onto title 3 now..
6181, 6238, 6239, 6182 (mandatory federal response) , information sharing, deportability for criminal offenses
Sen Specter: Says they will have another session next Wednesday, thursday for further amendments, markups. Title 2 will close. onto title 3 now..
yoda
09-13 12:54 PM
State coordinators and the team from states with a large immigrant population like the IL, MI, FL, GA, AZ.. Where art thou?
Please remove some time to send the rally information to the important radio stations (Public Radio) and your state's/town's largest newspapers..
We are on the final leg of our run folks, lets give it the final push!
Please remove some time to send the rally information to the important radio stations (Public Radio) and your state's/town's largest newspapers..
We are on the final leg of our run folks, lets give it the final push!
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