rongha_2000
04-30 05:24 PM
Its kind of an interesting thought process, but I am curious why do you assume that NON-Perm cases will be very few? And also forgive me for being negative here but you are "assuming" all those parameters which are critical to the decision making process. This is a very interesting approach and if we can get real data to back this up, then nothing like it. (BEC cases will be a big factor in this calculation)
All,
I am planning to write a letter to USCIS and DOS , suggesting the visa cut off dates for India. Kindly critique it. I will send this letter over the weekend and also post over here.
The rational are as follows (Of course , I will word them properly).
I have grouped applicants in the following groups
BEC, PERM ROW and PERM Non Row Countries. I then will estimate the visa usage by each categories using sources like FLCdata and DHS publications. Along the way I will make some assumption but the results should be realistic.
Fact 1: Per DOL , As of April'06 50K BEC labors were certified. Certification rates were 50% of labor processed (certified, denied or withdrawn).
Fact 2: Per DOL, as of Sep'07 362,000 BEC labor were processed (certified, denied or withdrawn).
Fact 3: Per DHS, total EB (2, 3, 4 and 5 only) visas issued in FY’07 were 135,479 and FY’06 was 122,121.
Fact 4: FLC data center indicates that between March’05 and Oct’05, ~6000 PERM applications were filled and certified.
Fact 5: Per FLC data , 46,340 ROW PERM applications were certified in FY’06 and 47, 251 ROW applications were certified in FY’07.
Assumption 1: Based on Fact 1, let us assume for FY’06 50K Eb2 and Eb3 visas were used for the people stuck in BEC.
Assumption 2: Based on Fact 1 and Fact 2, let us assumed that in total 200,000 labors were certified between March'05 and Sep'07 by BEC.
Assumption 3: The visa backlog is not an issue for the ROW countries. In other words, their dates could be made current.
Assumption 4: NIW applications are negligible
Assumption 5: Based on Fact 1 and Fact 3, let us assume in BEC accounted for 50K visa in FY’07.
Assumption 6: 50% of visas are used by retrogressed countries.
Calculation 1: BEC visa used in FY’06 = 122,121- 6,000 – 46,340 = 69,781
Calculation 2: BEC people remaining as on 10/01/2006 = 200,000-69,781-50,000= 80,219
Calculation 3: BEC people remaining as on 10/01/2007: Since total visas issued in FY07 > (47,251 + 80,219) therefore negligible. Also, assume that balance 8,000 application went to NIW.
So in other words, the dates in any case has to be greater than 10/01/2005 for the retrogressed countries. For the simple reason that Non-Perm cases would very few.
All,
I am planning to write a letter to USCIS and DOS , suggesting the visa cut off dates for India. Kindly critique it. I will send this letter over the weekend and also post over here.
The rational are as follows (Of course , I will word them properly).
I have grouped applicants in the following groups
BEC, PERM ROW and PERM Non Row Countries. I then will estimate the visa usage by each categories using sources like FLCdata and DHS publications. Along the way I will make some assumption but the results should be realistic.
Fact 1: Per DOL , As of April'06 50K BEC labors were certified. Certification rates were 50% of labor processed (certified, denied or withdrawn).
Fact 2: Per DOL, as of Sep'07 362,000 BEC labor were processed (certified, denied or withdrawn).
Fact 3: Per DHS, total EB (2, 3, 4 and 5 only) visas issued in FY’07 were 135,479 and FY’06 was 122,121.
Fact 4: FLC data center indicates that between March’05 and Oct’05, ~6000 PERM applications were filled and certified.
Fact 5: Per FLC data , 46,340 ROW PERM applications were certified in FY’06 and 47, 251 ROW applications were certified in FY’07.
Assumption 1: Based on Fact 1, let us assume for FY’06 50K Eb2 and Eb3 visas were used for the people stuck in BEC.
Assumption 2: Based on Fact 1 and Fact 2, let us assumed that in total 200,000 labors were certified between March'05 and Sep'07 by BEC.
Assumption 3: The visa backlog is not an issue for the ROW countries. In other words, their dates could be made current.
Assumption 4: NIW applications are negligible
Assumption 5: Based on Fact 1 and Fact 3, let us assume in BEC accounted for 50K visa in FY’07.
Assumption 6: 50% of visas are used by retrogressed countries.
Calculation 1: BEC visa used in FY’06 = 122,121- 6,000 – 46,340 = 69,781
Calculation 2: BEC people remaining as on 10/01/2006 = 200,000-69,781-50,000= 80,219
Calculation 3: BEC people remaining as on 10/01/2007: Since total visas issued in FY07 > (47,251 + 80,219) therefore negligible. Also, assume that balance 8,000 application went to NIW.
So in other words, the dates in any case has to be greater than 10/01/2005 for the retrogressed countries. For the simple reason that Non-Perm cases would very few.
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hsingh82
04-28 12:09 AM
Is there any minumum periods which i can reenter to us with the same old VISA. Means if i travel back on July/Aug and my VISA expires on Sept. I heard i should have a minimum 3 months validity for the VISA before i am reentering to US. Is that true?
Some people say this is 6 months, I am not sure and I have been asking on various forums but haven't received a concrete answer yet.
Some people say this is 6 months, I am not sure and I have been asking on various forums but haven't received a concrete answer yet.
franklin
06-15 07:30 PM
Franklin,
I had OPT in 2003 , so should i be using that A# and should i mention YES for question, have you ever applied for employment authorization with USCIS
in G325A,
should i need to mention my part time jobs i worked while on F1 visa (i did not mention anything during 140)
Good question - I"ll dig around and see if I can find an answer, but you might want to check with lawyer too
I had OPT in 2003 , so should i be using that A# and should i mention YES for question, have you ever applied for employment authorization with USCIS
in G325A,
should i need to mention my part time jobs i worked while on F1 visa (i did not mention anything during 140)
Good question - I"ll dig around and see if I can find an answer, but you might want to check with lawyer too
2011 Osama Bin Laden 39 s Death
aviko21
09-29 06:36 PM
its all normal...........
they are not processing it as efficiently as you would like but its getting done...
like for me i got my ead cards and a transfer notice within 2 days of check cashing but still no receipt notice..
give it some time, they are under a lot of stress with the number of applications.
they are not processing it as efficiently as you would like but its getting done...
like for me i got my ead cards and a transfer notice within 2 days of check cashing but still no receipt notice..
give it some time, they are under a lot of stress with the number of applications.
more...
chanduv23
12-09 10:19 PM
^^^^^^^^^^
geesee
04-13 12:18 PM
I recently closed my Simple IRA (small version of 401K) account and requested the checks (they give seperate check for each fund) for myself. Generally there is a 60 days window to move those funds to a new IRA account in order to avoid 10% penalty and taxes. I have setup an IRA account with TDAmeritrade and planning to manage the funds on my own.
more...
WaldenPond
02-09 11:03 AM
Hello,
Could anybody please post the latest going on with today's hearing - Committee on Government Reform Hearing: U.S. Competiteveness.
I am not able to find any news/update on this.
Thanks,
Could anybody please post the latest going on with today's hearing - Committee on Government Reform Hearing: U.S. Competiteveness.
I am not able to find any news/update on this.
Thanks,
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superdude
07-31 07:18 PM
Hi All,
We are planning to goto canada for our H1 visa extension (actually i changed my job to new employer also). My H1 visa expires on Sept 31st 2007.
We are planning to go in August 2007 itself.
Lets say if our h1 extension is rejected or some issue what will be our status?
Can we come back to US and plan for our india travel or we have to leave to india from there itself?
I heard that mexico has different rules?
Thanks for your help.
Got stamped twice in Canada. I have MS from USA. When I went for the second time my friend came along with me who did not have a degree from US. He also got the VISA.
There was couple came for H1 renewal and for H4-H1. His wife could not get H4-H1 as she was having a degree in Commerce and working for a small consulting comp. VO gave her H4. I did not know the actual details of her case though.
We are planning to goto canada for our H1 visa extension (actually i changed my job to new employer also). My H1 visa expires on Sept 31st 2007.
We are planning to go in August 2007 itself.
Lets say if our h1 extension is rejected or some issue what will be our status?
Can we come back to US and plan for our india travel or we have to leave to india from there itself?
I heard that mexico has different rules?
Thanks for your help.
Got stamped twice in Canada. I have MS from USA. When I went for the second time my friend came along with me who did not have a degree from US. He also got the VISA.
There was couple came for H1 renewal and for H4-H1. His wife could not get H4-H1 as she was having a degree in Commerce and working for a small consulting comp. VO gave her H4. I did not know the actual details of her case though.
more...
yagw
03-07 12:44 PM
With this present economic status I think a lot of I-485 that is still pending faces layoffs or had been laid off, particularly in my field in architecture. I just wish It wont happen to those who have waited for so long to get their green card.
I was laid off last Feb. 19/ 09. I had my I-140 approved last Aug 2006 and my I-485 is still pending for more than a year now.
The day before I got laid off from work, I talked to the immigration personnel in charge in my company and he told me that they wont cancel my I-485 in case I get laid off and advice me to inform them when I found a new sponsor to carry over my I-485.
Since the law is not clear how long can I stay unemployed, would there be something to worry in my present situation? I just need an answer that could lift up my hope.Just like everybody else, Ive waited for so long for my green card, and when I landed this big company, I thought this is where I would get my Green card but that hope was shattered when I got laid off. There is no job out there and it could drag on for months.
For those who got their Green card and those who are blessed to be born in this great country, your advice or input in my situation is very much appreciated.
Thank you.
From your information, I dont know what country you belong to. Only issue here is, if you get an RFE when you're unemployed. If you're in one of those backlogged countries (India, China) then I would say you have enough time to find another job (given that your PD is 2006 and EB3 category). The USCIS will not touch your case for another year at least :)
DISCLAIMER: I am not an Attorney and this is not a legal advice
I was laid off last Feb. 19/ 09. I had my I-140 approved last Aug 2006 and my I-485 is still pending for more than a year now.
The day before I got laid off from work, I talked to the immigration personnel in charge in my company and he told me that they wont cancel my I-485 in case I get laid off and advice me to inform them when I found a new sponsor to carry over my I-485.
Since the law is not clear how long can I stay unemployed, would there be something to worry in my present situation? I just need an answer that could lift up my hope.Just like everybody else, Ive waited for so long for my green card, and when I landed this big company, I thought this is where I would get my Green card but that hope was shattered when I got laid off. There is no job out there and it could drag on for months.
For those who got their Green card and those who are blessed to be born in this great country, your advice or input in my situation is very much appreciated.
Thank you.
From your information, I dont know what country you belong to. Only issue here is, if you get an RFE when you're unemployed. If you're in one of those backlogged countries (India, China) then I would say you have enough time to find another job (given that your PD is 2006 and EB3 category). The USCIS will not touch your case for another year at least :)
DISCLAIMER: I am not an Attorney and this is not a legal advice
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yabadaba
06-29 02:30 AM
i just saw the immigration portal threads...interesting...dont think its too bad tho.
more...
laksmi
01-29 11:16 AM
Macml,
Did you pay fee again to USCIS for AP to get it modified or USCIS did free of cost and how many months did it take to get AP document with correct Date of Birth.
Thank you
Did you pay fee again to USCIS for AP to get it modified or USCIS did free of cost and how many months did it take to get AP document with correct Date of Birth.
Thank you
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gbof
02-26 02:47 PM
Hello,
I came here as F1 visa but I'm out of stutus now. Here is some background:
I came here in september 2006 as F1 visa. I took 2 english quaters at the university then tranfer to another school in april 2007 ( Let calls them MSU). MSU gave me I 20 and it expried on March 2010. But due to financial problem, I did not register class at MSU after april 2007 so I was out of status. After that, I started register class at MSU in september 2008 and stoped in april 2009. I did not register any class after april 2009. I talked to my advicesor and she said, since I have been in school on and off so no matter that i went back to school some, I still out of stutus.
I have been my boyfriend for almost 3 years now and we want to get married ( He is an US citizen). I really dont know if i will get trouble because of my stutus or where to start? like what files do we have to fill, etc....
Any advice would be appreciate! Thank you so much for your time!
Both desi3933 and deechi are right.
on the side: You intend doing a course in English (may be to do a job). Your english tells all you care for english. You sure need to improve your english... even in an informal set up
I came here as F1 visa but I'm out of stutus now. Here is some background:
I came here in september 2006 as F1 visa. I took 2 english quaters at the university then tranfer to another school in april 2007 ( Let calls them MSU). MSU gave me I 20 and it expried on March 2010. But due to financial problem, I did not register class at MSU after april 2007 so I was out of status. After that, I started register class at MSU in september 2008 and stoped in april 2009. I did not register any class after april 2009. I talked to my advicesor and she said, since I have been in school on and off so no matter that i went back to school some, I still out of stutus.
I have been my boyfriend for almost 3 years now and we want to get married ( He is an US citizen). I really dont know if i will get trouble because of my stutus or where to start? like what files do we have to fill, etc....
Any advice would be appreciate! Thank you so much for your time!
Both desi3933 and deechi are right.
on the side: You intend doing a course in English (may be to do a job). Your english tells all you care for english. You sure need to improve your english... even in an informal set up
more...
house To Osama Bin Laden#39;s Death
jasmin45
07-31 06:44 PM
My I-485(with G-28) was filed by our company lawyer and company did not let us file EAD. I'm filing EAD on my own after USCIS made it clear with FAQ2 that they will accept EAD applications without the I-485 Receipt notice.
My questions is, Can I be sure the receipt notice for the EAD will come to me and not to the lawyer by any chance? I don't have any intention of using EAD but don't want my employer/lawyer know that I have filed it.
Thanks
I think, Receipt of the EAD application will come to you.
My questions is, Can I be sure the receipt notice for the EAD will come to me and not to the lawyer by any chance? I don't have any intention of using EAD but don't want my employer/lawyer know that I have filed it.
Thanks
I think, Receipt of the EAD application will come to you.
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gcseeker2002
09-16 02:57 PM
Hi,
I am also planning to travel on AP to India. I changed my employer, but didn't file AC21. AP's are still from the time when i was working for my old employer who sponsored me. Will it be any issue, if i travel with these AP's. What type of letter do i need to take from present employer durimg my travel. Please advise...
There is no problem with travelling on AP. For me, you should not even have second thoughts on personal travel , just go, AP or H1 does not matter as long as you have some form of reentry with you.
I am also planning to travel on AP to India. I changed my employer, but didn't file AC21. AP's are still from the time when i was working for my old employer who sponsored me. Will it be any issue, if i travel with these AP's. What type of letter do i need to take from present employer durimg my travel. Please advise...
There is no problem with travelling on AP. For me, you should not even have second thoughts on personal travel , just go, AP or H1 does not matter as long as you have some form of reentry with you.
more...
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seekerofpeace
09-10 01:53 PM
Folks,
After more than an hour drive to a shitty town in northern mass Lawrence....no bottles please..cell phones be turned off...
Officer: Purpose
Me: Me approved my wife not
Officer: cases..
Me: Presented cases
Officer: Yes you are approved...your wife is pending
Me: Oh really that is a revelation....
Me: Why so?is she preadjudicated?
Officer: There could be many reasons...no she is not pre-adjudicated...
Me: What can we do to expedite as she is current
Officer: Nuthin ....I was loosing my temper now...
I said how long should one wait...I opened an SR I got a reply that they are doing additional review contact after 6 months..3 days later I get approval email...no one has a clue...the right hand does not know what the left is doing....my wife is kicking me on the foot asking in native language be happy with yours do u want to loose urs too...
Officer: gave a vague Monalisa smile...
Me: Well I guess that's it I didn;t know anything after driving 60 miles that I didn't know before...
On the way back got a mail from my attorney...he checked thru AILA and talked withan IO ...it seems her biometrics need to be redone...it is ordered and she shld get it in 2 weeks she will be current next month too...so keep fingers crossed...well my fingers are crooked and can't be straightened now...
Hope the info helps..
SoP
After more than an hour drive to a shitty town in northern mass Lawrence....no bottles please..cell phones be turned off...
Officer: Purpose
Me: Me approved my wife not
Officer: cases..
Me: Presented cases
Officer: Yes you are approved...your wife is pending
Me: Oh really that is a revelation....
Me: Why so?is she preadjudicated?
Officer: There could be many reasons...no she is not pre-adjudicated...
Me: What can we do to expedite as she is current
Officer: Nuthin ....I was loosing my temper now...
I said how long should one wait...I opened an SR I got a reply that they are doing additional review contact after 6 months..3 days later I get approval email...no one has a clue...the right hand does not know what the left is doing....my wife is kicking me on the foot asking in native language be happy with yours do u want to loose urs too...
Officer: gave a vague Monalisa smile...
Me: Well I guess that's it I didn;t know anything after driving 60 miles that I didn't know before...
On the way back got a mail from my attorney...he checked thru AILA and talked withan IO ...it seems her biometrics need to be redone...it is ordered and she shld get it in 2 weeks she will be current next month too...so keep fingers crossed...well my fingers are crooked and can't be straightened now...
Hope the info helps..
SoP
dresses Osama bin Laden#39;s death in
ram04
04-28 11:32 AM
Sure it helped a lot.
Yes - 180 days passed - July 07 filer.
I think I have all the docs I need.
I will retain my lawyer for GC and new company lawyer only for H1 transfer as the expenses were by new company.
Here is my understanding finally.
- No AC 21 now
- No G 28 now
- Just transfer H1 to new employer
- Make sure job description contains same or simmilar description ( incase of RFE)
Now I feel better . Thanks to all who helped out.
Ok I will accept offer and go forward then.
I shall send my contribution to IV as soon as I resume my new position.
-GC 04
Chicago state chapter member
Yes - 180 days passed - July 07 filer.
I think I have all the docs I need.
I will retain my lawyer for GC and new company lawyer only for H1 transfer as the expenses were by new company.
Here is my understanding finally.
- No AC 21 now
- No G 28 now
- Just transfer H1 to new employer
- Make sure job description contains same or simmilar description ( incase of RFE)
Now I feel better . Thanks to all who helped out.
Ok I will accept offer and go forward then.
I shall send my contribution to IV as soon as I resume my new position.
-GC 04
Chicago state chapter member
more...
makeup of Osama Bin Laden 39 s death.
apb
09-14 01:26 PM
did anybody see any lud on their case?
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dhirajs98
01-13 09:51 AM
We received the RFE letter on my pending I-140.
I am not sure what they are looking for. We had submitted letters of experience prior to Dec 2004 that added up to 1 year. Basically, I worked with 2 companies during that time.
Initially I had sent:
a. 1 letter from Company A
States my title, skills dates
b. 2 letters from Company B.
1 generic letter from HR stating dates, no skills
1 letter from colleague stating title, skills, dates
Here's the RFE details. The lawyer is not sure what to do. He says we will simply resend the letters. I don't know if that's a good idea. Can anyone please help?
=====
Submit evidence the beneficiary obtained the required one year experience in the job offerred, or in software consulting, software development, or a closely related field before December 25, 2004. Evidence of experience must be in the form of letters from current or former employers giving the name, address and the title of the employer and a description of the experience of the beneficiary including specific dates of employment or duties.
Please note that the petitioners statement of the beneficiarys prior employment is insufficient evidence. A letter of reference must be written by the employer from whom the beneficiary was employed and obtained experience in the job offered prior to December 25, 2004. Such references must be submitted to cover twelve months.
====
Hey indyanguy,
I don't know who is your current alawyer but if you are not sure about him then why don't you talk to one of the experienced lawyer's like Sila Murthy ot Rajiv Khanna. They might have experienced these kind of cases and probably provide you better and full proof course of action.
my 2 cents.
btw what was your receipt date on uscis website?
I am not sure what they are looking for. We had submitted letters of experience prior to Dec 2004 that added up to 1 year. Basically, I worked with 2 companies during that time.
Initially I had sent:
a. 1 letter from Company A
States my title, skills dates
b. 2 letters from Company B.
1 generic letter from HR stating dates, no skills
1 letter from colleague stating title, skills, dates
Here's the RFE details. The lawyer is not sure what to do. He says we will simply resend the letters. I don't know if that's a good idea. Can anyone please help?
=====
Submit evidence the beneficiary obtained the required one year experience in the job offerred, or in software consulting, software development, or a closely related field before December 25, 2004. Evidence of experience must be in the form of letters from current or former employers giving the name, address and the title of the employer and a description of the experience of the beneficiary including specific dates of employment or duties.
Please note that the petitioners statement of the beneficiarys prior employment is insufficient evidence. A letter of reference must be written by the employer from whom the beneficiary was employed and obtained experience in the job offered prior to December 25, 2004. Such references must be submitted to cover twelve months.
====
Hey indyanguy,
I don't know who is your current alawyer but if you are not sure about him then why don't you talk to one of the experienced lawyer's like Sila Murthy ot Rajiv Khanna. They might have experienced these kind of cases and probably provide you better and full proof course of action.
my 2 cents.
btw what was your receipt date on uscis website?
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eucalyptus.mp
02-18 08:58 AM
he is asking me to go back to India after March
rajenk
02-07 08:57 PM
Hi Guys,
Isn't EAD application I-765? What is I-131? Excuse my poor knowledge on the USCIS forms
Isn't EAD application I-765? What is I-131? Excuse my poor knowledge on the USCIS forms
jthomas
12-04 08:41 PM
If my wife is a US Green card holder and i am in H1B and if we both file for candian green card and move to canada for a week for stamping. Would it create a problem on US citizenship for my wife.
the third rule on the first thread.
the third rule on the first thread.
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