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  • glus
    03-17 10:33 AM
    hi All,

    Can someone give me advice on this:

    I have 4 yrs Bachelors + 6.5 yrs of IT exp. i am being offered a Pre- approved labor(EB3-PD-Nov.2003), which was filed for someone with a condition-Bachelors + 4 years exp., at the time of filing.
    i graduated in June 2000, so i am about 1 year short for the 2003 PD. However i did some part time work during college in India and the lawyer says if i can get exp. letter from that company on a letter head, that should suffice.
    i am concerned if that India exp. during graduation will work or not.
    Has anyone faced a situation like this?
    the (part time exp)company was very small, can this be risky? what do you guys think?

    Thanks.
    I am not sure if you cannot used experience gained before / during college. I think it all depends on the LC requirements. I know many people who used experience gained before gaining their degrees, and there were no issues. However, I do not know if their LCs specified "post-degree experience, or just experience." I would speak to another lawyer to see if he tells you the same story as your current lawyer. You could send this question to Susan Henner. She is the attorney giving us free advise. The the home page for information on how to send her a question.

    Regards,





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  • longq
    02-13 03:09 PM
    They do not have to go to 7% if they don't want to. However; they can't go over it; if there is more demand then supply.

    I am not disputing this. Entire discussion here is how to handle if demand is less than supply due to the impose of 7%.





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  • GCDream
    07-03 08:40 PM
    Dugg 159

    http://digg.com/politics/No_July_4th_Celebrations_for_Highly_Skilled_Future _Americans/who
    Comment also added





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  • nandakumar
    05-28 09:47 PM
    1. Employment-Based Visa Number Movement and Predictions

    Many MurthyDotCom and MurthyBulletin readers closely track the U.S. Department of State (DOS) Visa Bulletin each month. The most recent Visa Bulletin chart is always available on MurthyDotCom. Given the importance of the cutoff dates in the Visa Bulletin, attorneys at the Murthy Law Firm are often asked for predictions as to the movement of the cutoff dates. There is no better source for this information than Charles Oppenheim, Chief of Immigrant Visa Control and Reporting Division at DOS. Mr. Oppenheim was a guest speaker at a May 20, 2009 American Immigration Lawyers Association (AILA) meeting, which was attended by most of our attorneys. Mr. Oppenheim�s explanations and visa number / Visa Bulletin expectations for the remainder of FY2009 and for FY2010 are explained below. Readers who are unfamiliar with the Visa Bulletin and the role visa numbers play in the permanent residence (commonly referred to as the �green card�) process should review some of the articles on this important topic that can be found on our website; among them, Priority Dates - How Do They Work?

    Historical Background

    Mr. Oppenheim discussed the historical background that led to the current unavailability of visa numbers, known as retrogression, for certain employment-based (EB) immigrant visa categories. Retrogression is not something new or unfamiliar in immigration law. Most EB numbers were current from July 2001 through January 2005 due to legislative that provided a temporary solution. This legislation authorized unused visa numbers from previous years to be put back into the system. Those additional numbers, along with the annual allotments, were sufficient to meet the demand until January 2005. Since January 2005, the supply of EB visa numbers has fallen short of the demand.

    Current Trends in Visa Usage

    Mr. Oppenheim stated that immigrant visa applications at U.S. consulates abroad are down seven percent from FY2008. India will use all the visa numbers that are available to its nationals this fiscal year. This is due, in part, to huge increases in the usage of EB4 and EB5 categories. Applicants from India have used twice the number of visas estimated for FY2009. Mr. Oppenheim stated that, because of the excess demand, further retrogression may occur over the summer months.

    Predictions for Movement and Usage of EB Visa Numbers

    Employment-Based, First Preference (EB1)
    Mr. Oppenheim expects that all EB1 visa numbers will be used before the end of FY2009. This may result in the establishment of a cutoff date for the EB1 categories for India and China, beginning in August or September 2009. Usage in the EB1 worldwide category (listed as "all chargeability areas except those listed") is also higher than expected. This may lead to imposition of a cutoff date toward the end of FY2009.

    Mr. Oppenheim explained that a trickling effect of unused visa numbers between EB categories has helped keep EB1 and EB2 categories current in prior years. However, due to the processing of a high number of applications, this trickling effect has already occurred, but is not expected to occur again in FY2009. Mr. Oppenheim attributed this to the hard work of the U.S. Citizenship and Immigration Services (USCIS), as well as that of the DOS, as they have succeeded in processing enough cases to likely use all available visa numbers from all categories for FY2009. He stated that the DOS and the USCIS are supposed to process enough cases to use the annual allotment of visa numbers and not leave any available visas unused and wasted in any fiscal year.

    Employment-Based, Second Preference (EB2)
    The EB2 category worldwide is also expected to be over-subscribed and will exhaust all allocated visa numbers before the end of FY2009. To date, Mr. Oppenheim estimates that 3,200 EB2 India visa numbers have been used in FY2009. The high usage in the EB1 category has prevented the usual trickle of visas to the EB2 category. Thus, China will experience the same EB2 retrogression as India in July 2009. The EB2 China cutoff date is expected to be set at January 1, 2000.

    Employment-Based, Third Preference (EB3)
    All EB3 categories are currently unavailable; all available visa numbers have been allocated. No change is expected to occur until the beginning of FY2010.

    Employment-Based, Fourth Preference / Certain Religious Workers
    There has been an unexpectedly heavy usage of visas in the EB4 categories for certain religious worker in FY2009. A cutoff date thus may be set in August or September 2009. Mr. Oppenheim stated that, if the Certain Religious Workers category becomes unavailable, applicants in the ministers category are not affected.

    Visa Numbers for Indian Nationals
    Mr. Oppenheim has set the cutoff date for EB2 India at January 1, 2000. According to current estimates, out of the approximately 200,000 I-485 applications currently pending with USCIS, 120,000 of them are chargeable to India, with the cases divided evenly between EB2 and EB3. This means that EB2 and EB3 India applicants count for 60 percent of the I-485 cases currently pending with the USCIS.

    FY2010 Predictions by Charles Oppenheim of DOS

    Mr. Oppenheim stated that he expects the EB3 worldwide category to have a cutoff date of March 1, 2003, beginning with the October 2009 Visa Bulletin. When asked about the potential cutoff dates for EB3 India, China, and Mexico, Mr. Oppenheim said that it would depend on the demand for these categories over the rest of FY2009.

    Mr. Oppenheim estimated that there are currently 25,000 EB2 and EB3 cases from Indian nationals that have been reviewed and are only waiting for visa numbers for final processing. He stated that, due to the dramatic increase in employment-based filings, visa cutoff dates for FY2010 will be much more limited to ensure that there will be a steady supply of visa numbers available throughout the year. This will lead to earlier cutoff dates and may help prevent visa categories from becoming unavailable.

    Conclusion

    We at the Murthy Law Firm appreciate Mr. Oppenheim's commitment to addressing matters related to visa numbers and the Visa Bulletin. The continued shortage of employment-based visa numbers is a source of great frustration for many and Mr. Oppenheim's predictions do not assuage that feeling. It is better to have an understanding of the reality of the situation, however, than to operate in ignorance or with unrealistic expectations. Once again, the shortage of immigrant visa numbers underscores the need for legislation in this area to increase the numbers, change the counting of the numbers (from one per person to one per family), or to revamp the system entirely.



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  • paskal
    07-21 10:43 PM
    guys,

    where are you seeing the year to year count of AC 21 number usage?
    i see the 2001-2003 figure in mpadapa's link, what about the rest?





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  • saketkapur
    07-04 12:29 PM
    Application for 1 person:

    1. Lawyers fees = $500...............paid by me....not sure if any paid by my company
    2. AP+EAD = $350(170+180).....paid by me
    3. I-485 = $395..........paid by company
    6. Fedex = $60...........paid by me
    7. Medical = $170(no shots needed except TB test)....paid by me


    So all i all I paid $1080 and my company paid atleast $395(and maybe some legal fees too)

    And belive me guys I am at the lower threshold since I did not need any shots and did not loose any work days........

    So minimum loss to the company and individual(1 pesron only)is atleast 1475 bucks. So before making any conclusions keep this as the lowest threshold.However since we might get the $395+$350 back so the net loss to the individual at minimum will be $730/person and maybe $500/person to the company so making it atleast $1230/for 1 person.

    Assuming that appx. 45000 people were planning to apply....I guess we are at minimum $55350000 loss......and this is a very modest estimate......as I mentioned at the lower threshold.



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  • NNReddy
    09-04 01:29 AM
    True_facts, you cannot denigrate dead people. I know you are coward, because you cant say what you can say with your own ID. Go to every village in AP, people are better off now than 5 years ago,that's YSR's legacy. YSR improved irrigation, infrastructure across state and percapita income in state.





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  • gc28262
    01-15 03:01 PM
    snram4,

    It seems you are concerned about companies making profit than what happens to you. That is a typical socialist/communist thought process. Communists/socialists are worried/jealous about companies making profit rather than their own well being. Ironically you are in the capitalist meca of the world.

    If you are not fine with companies making profit, you shouldn't be here in the first place.

    H1B rules are on the slavery lines already. Think about all the restrictions we have to undergo just because of H1B. Irrespective of whether H1B is allowed on consulting, consulting is here to stay in US and all over the world. If not H1B, Citizens and GC holders will do the consulting.

    The only thing many of us are good at is screwing our own countrymen and colleagues. Did it ever come to your thought that existing H1B rules are insane already ?



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  • go_guy123
    06-12 12:10 AM
    ...were forced to leave. This is the darwinian flush and it will take its toll. ......


    Without any visa capture....EB2/EB3 India will get flushed in this deep recession.





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  • ocpmachine
    06-11 09:33 PM
    Makes sense now. Peace.

    Dilip,i read your old post from 2003, indeed a roller coaster ride...remember good KARMA, you had tons of it man!!



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  • nomi
    09-29 01:19 PM
    Hi Kukitron and all,
    I am having a new h1b with validity 7/2009. But My Visa expired by Aug,2006. Please clarify, can i travel from canada to Seattle thro Road with the expired visa and the new h1b which contains a valid I-94

    Thanks
    Sundar


    Yes you can according to following rule

    http://travel.state.gov/visa/laws/te...ams_1441.html#

    There are lot of condition which you need to follow in order to use this Law. That`s why I am asking other people about it and see how many people use it and what they said about it.





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  • vamsi_poondla
    05-02 04:41 PM
    I think here everybody are agreeing to the same thing. Some valid points,
    1) People are agreeing pre-LTTE situation was no rosy.
    2) Sinhala-Tamil conflict has some deeper socio-ecomomic reasons
    3) Sinhala people were less tolerant. Like usually adaptable minorities, SL Tamils did not learn Sinhalese when "Sinhala-Only" policy came. (while everybody learnt English (and many Chinese) in Singapore.
    4) Indian politicians (whatever reasons they might have) in 1980s supported LTTE - camps run by RAW and Indian Army trained LTTE. So, we created a monster. Just like American forces trained OBL in Afghanistan as part of Mujahideen against Russians. So, we reaped what we sowed.
    5) Some spineless leaders from TN support LTTE. More than anybody they dont know the difference. Or may be to harvest some votes by flaring up emotions.
    6) LTTE is evil and has no place on earth.
    7) As soon as conflict is over, we have to make sure that SL will really understand how to solve the crisis. SL has to become secular, adapt common business language (English??) and coexist with the north. Short term, they should perhaps grant limited autonomy. It was done earlier and it worked almost everytime, Just need some leadership. Again, this should be our hope and suggestion. No self-respecting country can be told what to do. We can suggest in exchange for some favors. Or else we will be marginalized.

    And for good, we should not meddle into others affairs. Whether we hate or love Congress, we all know Rajiv Gandhi would have made lot of difference than many weak PMs we saw after PVN. We lost him in hands of an evil orgn. So, pray that they are eliminated with ZERO innocent people being killed.



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  • _TrueFacts
    09-04 01:43 PM
    May he rest in peace...

    Shree..don't worry God will give him due treatment..





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  • bayarea07
    07-28 11:14 AM
    Thanks Gopi for such a sane post, I second what you said below , a person has to be ready mentally to be approached for any business and if they are not ready then the same conversation which they might find helpful at the time when he is mentally ready would look like as a harassment when they are not mentally ready.

    and that is what BWW is not doing, beside all what you said i also believe they lie to you a lot as it happened with me on several occasions, they would lie about the credentials aof theirs and theirs upline because they think people are more open to hear from persons who are more successful and thats why they lie about education and job etc..

    One of the Diamonds came to my house last year and he projected that he is going to be my best friend even though i said Yes or NO.

    He came to my house several times,he would call me everyday and ask me about life in general and all the while behaved as one of my best friend/brother and he disappeared with no phone call at all as soon as i said NO to my upline.

    And i believe these all practices of theirs is whats turning people off.


    Jayleno - me thinking sane is the reason you didn't hear from me in any malls/WM :) but I was a minority in BWW who believes in waiting till you find like minded people who are looking. cold contacting is just going against human instincts. you can't simply talk to a person about something to get his phone number and call them about this business next day. that is a reg flag right there. i couldn't do it and hence not with this business anymore. many of us are not ready to think about making millions in few short years. some people need to understand that you can't rub that idea with force on another human being.

    in BWW terms, i was a quitter who can't take the business to the next level because I was afraid of rejection (getting a NO from prospects)..



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  • gondalguru
    07-17 01:45 PM
    Assuming that the spill overs are effected only in the last (JAS) quarter, there wont be any significant movement for EB2. Until and otherwise the supply is more than demand, EB2 will not move forward significantly.

    But I wish EB2 becomes current in the near future. Correct me if i am wrong.

    I think spill over will happen every quarter and EB2 I/C dates will move forward every month / two months.


    http://travel.state.gov/visa/frvi/bu...etin_4252.html
    See under section E.

    E. EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY

    There have been questions raised regarding the way numbers have been provided to the China and India in the Employment Second preference categories beginning in April. Section 202(a)(5) of the Immigration and Nationality Act states that if total demand for visas in an Employment preference category is insufficient to use all available visa numbers in that category in a calendar quarter, then the unused numbers may be made available without regard to the annual per-country limit (For example: If the second preference annual limit were 40,000, number use by “All Other Countries” were estimated to be only 25,000, and the China/India combined number use based on their per-country limits were 6,000, then there would be 9,000 numbers unused. Those 9,000 numbers could then be made available to China and India applicants without regard to their per-country limits.)





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  • walking_dude
    02-13 11:13 AM
    This theory that 'AILA/AILF lawsuit threat overturned July VB' is out of touch with the reality. Threatening lawsuit was bad for AILA. They were not involved in the discussions that finaly resulted in reversal. IV was a participant but AILA was not.

    We shouldn't repeat their mistake. The moment IV files a lawsuit, USCIS will stop discussing with us. We will be off the discussion table. Only place they'll talk to us will be in the courtroom. We also shouldn't forget the pressure applied by Congresswoman Zoe Lofgren on USCIS and DOS. She was ready to wash their dirty linen in public. No doubt, she was influenced by rally in San Jose - which happens to be her constituency.

    3 year EAD/AP, AC21 interpretation are rules that USCIS makes, there's no way a judge can dictate what rules a government department should make. You wrote "there is nothign to lose but a lot to win" . Like someone pointed out we won't even be recovering 10k -20k spent on it, even if we win. We'll be getting into a case which has no chances or very slim chances of winning.

    If we lose the case, there's no going back to discussions with USCIS. They won't be entertaining us after we sued them. It's a grave risk you should understand. I feel tired at having to explain it the Nth time to some of you who still consider AILA as a messiah. Nothing happens because of just one factor. It's a combination of several factors that ultimately produces results. There are no silver bullets that fix every problem. Its the reality.



    it is the threat of a massive lwsuit from immigration lawyers association that made uscis backtrack and open up july 2 filing..we are all benefeciaries of that.

    itz not our flowers or the rally that did the trick it is the threat of lawsuit.

    if we consult lawyers we can check if we have a case and on what grounds. even f not anything else we may win on things like 3 yr AP relaxed ac21 rules etc. these are operational policies and dont need congress. USCIS can change these rules.

    there is nothign to lose but a lot to win.

    we can even appeal on the grounds that USCIS policies led us in to a bonded labor situation unable to change employer , foregone career choices and income potential..etc.. this violates the concept of free will and just labor practices. Many rules in AC21 and AP still try to tie us down to the employer who has already enjoyed > 5 years of our hardwork.



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  • kondur_007
    08-04 10:11 AM
    Hello VDLRAO ,

    People from June 2006 are geting GC means that USCIS enough visa so they started to give gc to 2006 candidates.. is my belief true. What will be date in new year's first quater for eb2 india ?

    I don't think USCIS has any idea as to how much "enough" visa they have....They function randomly...so plz dont draw any conclusions from who is getting a GC now. It could be the last person filed with latest PD while everyone else waits for their GC!

    Just wait and watch. Sept dates will throw some light as to how much of the available visas have they used. (if all, PD will be U, If most/majority: PD will stay same, if less than half: PD will move forward--may be C:p)





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  • smuggymba
    01-14 08:55 AM
    I think the other intersting point is - Does the employer provide any benefits to the beneficiary/employee?

    Almost no desi dalla provides medical insurance to its employees...it will be interesting how USCIS handles this and whether they will make it a point or not?





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  • Macaca
    02-19 10:42 AM
    The following is from CNBC discussion on Friday.

    Richard Dekaser, Chief Economist of National City and Stuart Anderson from National Foundation for American Policy were interviewed.

    The topic was, is there really a "Skill Shortage or Pay Shortage".

    But Richard also said that US Immigration policy needs to be reexamined as it is more oriented towards family reunification which holds them people with less skills. 20-30 yrs ago we had criteria that reqd immigrants to meet a certain educational threshold. And as we are seeing increased need for talent in this country, we need to re-examine that aspect of immi policy and untill then we are gonna see this problem continue."





    digmetalq
    08-17 02:55 AM
    It all makes sense now:

    Questioning a Bollywood V.I.P. Named Khan - The Lede Blog - NYTimes.com (http://thelede.blogs.nytimes.com/2009/08/15/questioning-a-bollywood-vip-named-khan/)


    " Mr. Khan is also working on a new film, �My Name Is Khan,� about racial profiling of Indian Muslims living in the United States after the Sept. 11 attacks."


    What a way to get the publicity for the film.

    Wow.
    We are all tricked into this debate.
    This is my last post on this thread. And I am not going to watch this film.

    It maybe fun for all the people in this forum to read and debate, it maybe a spoof that srk was mistreated at the entry point. but it is not spoof for all my friends with muslim names. I have travelled with them, and I know the reality.





    BharatPremi
    12-13 01:49 PM
    If per Country Laws are removed in issuing Green Cards, then 90% of the employment based Visa's will be given to Indians and that too in the IT Sector.

    Mostly the country will be Indians, chinese, mexicans . The Law makers don't want to colonize America.

    There is a lot of stress that was done in making that decision

    You can challenge this but i would say, you will never win it.

    You can challenge the State but cannot win it.

    Yearly permitted H1s - 65000
    All EB ased GC applicants: 500000 (Approx.)
    As per you theory: 90% Visas will be given to Indians :eek:
    US Population: 300 million (Approx.)

    Do the math and prove me how it will be colonized ? And define the word: "Colonized"... as you were also talking about chinese and mexicans..

    yes, aim seemed to be control the Genetic Pool but your statement is way streched...



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