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  • samay
    07-22 11:41 AM
    Hi Forum,

    I have come to USA last year and was getting paid consistently till May31. Now, on July 2nd new employer (not a desi, but a big company) applied for transfer on premium processing. I'm continuing with my old employer, and they are marketing me, and have all such emails. Just wanted to know whether the paystub will be an issue for transfer? And how soon can I join them, and what is the risk if I join them now, before I wait for response from INS?

    Any response in this regard will be highly appreciated.

    Normally the last two pay stubs are required and it become an issue and you may get a RFE.





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  • kuhelica2000
    02-13 12:02 PM
    That is absolutely not true. Unused visas from under subscribed countries are made available to over subscribed countries.





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  • nandakumar
    05-11 06:41 PM
    Technically I can change my country of citizenship any number of times in my life (cannot, if struck like this GC limbo) or even religion but I cannot change my ethnicity even once because I'm born into it.

    I agree Sri Lanka is a sovereign country but why did India poke its nose on the pre-1971 Pakistan and created a new country Bangladesh. Is there a different standard for different people with the Indian govt policies?

    Even If I had not got the opportunity to come this great nation United States of America, land of free and country of brave, I would have done whatever I could in India to help the beleaguered Sri Lankan Tamils and protested against the policies of Govt of India toward this issue.

    I�m upfront about showing my resentment towards my country of birth and I �don�t show false patriotism/nationalism towards India like other Pseudo-Nationalists, who internally betray India at any moment and ready to change their nationality at the next opportunity but externally portray that they are the guardian of India and it is their soul. I currently live in a country, where even burning the national flag is considered a form of protest, if someone thinks that expressing resentment to India or protesting against her policy is unpatriotic, grow up guys.

    You can say whatever you want and judge me in your point of view, I�m not going to argue about it because you don�t live a life of a Indian Tamil with hands tied of being called a terrorist, when you support Sri Lankan Tamil cause, and you cannot understand the relationship we (Tamils from India) have with the Sri Lankan Tamils, besides the people (including small babies and even some in the womb), who are getting killed in Sri Lanka by the Sri Lankan government are not your kith and kin.

    �.. If you find an issue, work on rectifying it if you have the guts. Don't give dramatic statements like " I too carry the Indian passport with shame" �.

    You don�t know me, and you don�t know what positive things me and my family has done and doing to the people of India, particularly to the farming community and you don�t know what I�m doing to rectifying issues (whatever I�m working on)�..you should be careful when making these kind of statements on person you don�t know anything about except one comment on this thread.


    Eventhough from a humanitarian point of view, I feel UPA should work with Srilankan government to work out peace. However it is not because the people being killed are Tamilians , who speak the same language as people from my neighbouring state.

    I feel sorry for all the civilians who got killed in Iraq, same way.

    Now you can't wait to "relinquish" the citizenship of a country that didn't poke it's nose into the affairs of a different sovereign nation as soon as you get the citizenship of another country that is directly responsible for deaths and horrible conditions of scroes more people.

    The only reason you are carrying a Indian passport is because it suits you for now. The only condition you are willing to ditch that is when you are sure of a better suited passport for you.

    Now express your anger/sympathy or any other emotion but don't pose as if you are doing it for the betterment of world. You put the language people speak over the country one belongs to. Remember the pledge you took during schooling? It said all Indians are my brothers and sisters. If you want to be a world citizen, no issues. People like you are of no use to any country. If you find an issue, work on rectifying it if you have the guts. Don't give dramatic statements like " I too carry the Indian passport with shame"





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  • mallu
    02-16 01:50 AM
    ......

    When a category becomes "Unavailable" it means that the entire annual supply for that category has been used up for that fiscal year (which ends Sept 2008). Given the degree of the EB-3 ROW retrogression, I very very much doubt there will be ANY spillover from ROW to India. At present, DOS plans to move EB-2 India only if EB-1 India has excess visas. The quota for for EB-1 India is 2803 (including dependents) in any fiscal year. So let us consider some scenarios -- say half the EB-1 India are available, so 1401 are given to EB-2 India -- do I think there are 1401 EB-2 India applicants with dependents ahead of me -- average family size of 2.2 means approx 636 applicants? Yep! No doubt about it! Hell I'm sure that there are 2803 EB-2 India applicants ahead of me.

    ....

    Suppose the admin fix to recapture 'lost' visas is a success. How many will India Eb2 get out of that ? May be 5000 ?
    One really needs to know the number of India Eb2 applicants pending in each year ( of PD ) . If it iturns out , say , there are 25000 I-485 applications with PD up to year 2002, then ?!
    Will a USCIS customer service rep be able to help us with this question :
    "Sir/Madam how many India EB2 applicants are waiting , with PD earlier than mine ? " .



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  • lfwf
    02-15 07:20 PM
    as always.

    i'm indian fyi. i'm not techie, i have nothing top do with body shops. and yes i'm a little offended by the streotypical crap.
    i do not claim any "best and brightest status" either.
    here are my questions:

    to the fighting indians: what good is the removal of a country cap on it's own? sure date for india will move a bit and row a little back. but most people will still be stuck because of the annual quota. without increased GC numbers the point of country quotas is moot.

    to row warriors: i guess if it benefits you it must be fair. cool. maybe i would have felt the same in your place. but tell me...i came here and did a lot of education. today in EB2 people like me (and even less qualified than me) are walking through with today's PD. i am 10 years away from a GC. any good reason? why am is so bad? so inferior? why am i penalized for my place of birth? fair? whatever...
    what if the same diversity were applied by occupation? religeon? color of skin? it's still diversity...would that be ok? if not then why place of birth? i'm not asking you to give up what you have by good fortune. just seeking acknowledgement that maybe there is something not quite fair here...

    anyway as for this funny accusation on all indian students being H4's, wow you can say anything you want, right?
    actually india and china are in teh top 5 receipents of F1 visas, and far ahead of most countries

    http://travel.state.gov/pdf/FY06AnnualReportTableXVII.pdf

    now folks. STOP.
    you are making me sick.





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  • sidbee
    06-17 02:17 PM
    I have heard the opposite. In fact one recent story I heard , was the guy applied in EB1 as International Manager and got his GC in 6 months. Again the company applying is Cognizant.

    Maybe the source u heard from is someone from Cognizant itself or supporter of Cognizant whose trying to cover up and trying make sure that no one reports about their misuse of EB1, so that they can continue to apply in EB1. This is a high possibility. So when you hear such news do not believe it completely.

    Morever H-1Bs are rejected for lot of companies. So cognizant is no exception to that. Regarding the EB-1 GC holders being deported , I find that really hard to believe.

    Its perfectly legal for Cognizant to apply for EB1 for a Manager on L1A. Salary may be peanuts , and that cant be a basis of discrimination.

    I don't even see a misuse, if you job duties are same as what is told to USCIS for L1A, You can easily get a GC in 2 months.

    Which law states, getting GC using EB1 , on L1A is not allowed, In fact it is , and that's why people use it.



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  • gc_lover
    06-26 02:15 PM
    it tough to so relax and don't worry too much when I am aware that there are people from 2001/2002/2003 are still still in line doesnot make me happy but I can feel for these blokes.:( :(

    Yes, I agree with you. However, the point is there is nothing you can do at this point of time. So please enjoy your life instead of worrying about 485.





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  • thakurrajiv
    09-24 08:27 AM
    Well, here�s some more stat : Base on GC allocation of FY 2008 (http://www.travel.state.gov/pdf/FY08-AR-TableV(Part2).pdf ),

    EB1 India got 5,327 visas , EB2 India got 14,818 and EB3 India got 3,576 even though the quota was 2,803 for each preference.

    As an example, I-485 pending for EB2 and EB3 India before 2006 are 17,835 and 46,334 respectively. Everything else being equal, you can take a guess how long it would take based how old the report was. Even if the report is from yesterday to be pessimistic and there are nuances, it gives some approximation unless the interpretation is totally wrong.

    Thanks for posting this. Lets see how visa allocation worked for 2009. Based on 2008, things do not look as rosy. Only 14.8K visas in EB2-I. If perm speed improves then the spill overs will also reduce.
    Surprising South Korea is not in oversubscribed countries. It received 7.2K EB2 visas.
    I thought South Korea should have been retrogressed. Well when do we expect fairness from USCIS ? They seem to follow class system : ROW, china, other over-subscribed, India in this order !!



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  • andy garcia
    02-23 07:23 AM
    Looking only at LCs that are awaiting immigrant visa numbers (ie, LCs that are "still in process" or "certified after current EB3 ROW cutoff dates") here is how it looks (copy to an XL sheet to view properly):

    Period, World, India(22%), EB2-India(41% of India), EB2-India-Family(*2.1)
    ------------------------------------------------------------------------
    1997 to 2002, 269311, 59271, 24320, 51072
    2002 to 2003, 36200, 7967, 3269, 6865
    2003 to 2004, 13145, 2893, 1187, 2493
    2004 to 2005, 6133, 1350, 554, 1163

    The pre 2002 numbers pending are really bad. The last column sums up the situation for EB2-India. Use your own %ages to calculate the situation for EB3. It is clear that forward movement will be held back due to the huge chunk of LCs from 1997 to 2002 which are being certified.

    So the situation is indeed hopeless and lobbying is the only way out.

    Don't forget that a lot of those LC were being used for substitution($$$$) by the consulting companies. Once the regulation about eliminating substitution goes into effect. Some of those will not be able to be recycled.





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  • chantu
    03-30 10:55 AM
    I believe there were some junkies called Left were holding the Govt and MMS as hostages.... Thats why there is no reform...

    snathan....do you really believe MMS runs the govt on his own? Do you really think there is no interference of any family in the decision making? Our PM, MMS in the last 5 years never visited all the states in the country. He never established contact with aam aadmi. MMS needs certificate from Rahul Gandhi that he is doing a good job. The person who has self respect will never become PM in these circumstances. MMS is holding PM's chair until Rahul Gandhi becomes "mature" enough to rule..yes rule..because this family has always ruled the nation and never governed it.

    No person with self respect will ever vote for this party and their chaprasis.



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  • brb2
    06-21 04:52 PM
    Labor substitution in my opinion is less that 1% of cases for some one jumping the line. The main problem is lack of visa numbers and processing delays. We are discussing a topic which will have little affect if any on our own GC process. It is a drop in the ocean to say the least.

    I support its elimination because of the fraud that takes place. In the past I have got a pm on another immigration web site asking if I knew anyone who could "sell" them an approved labor!





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  • hopefulgc
    12-13 04:16 PM
    whenever a good idea is raised .. we all obey hte dynamics of group behavior and divide ourselves into two parts

    FOR and AGAINST the idea..

    soon discussion ensues.. and since pessimism is more scary than optimism... and we have other "less viable" alternatives.. the good idea is soon forgotten.

    Can we do something different this time and give this great idea the attention it deserves?



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  • captain
    03-26 01:18 AM
    Hello All,

    I have one question.My employer is pursuing me to go for labor substitution
    which is filied in Feb 2004.I got my H1 from Oct 2006.My skill sets and experience is matching with the orginal labor application.
    It is not approved labor, but just labor application(EB3 application).
    Can anyone tell me the time required to get name transfer on original labor application ? and whether it is beneficial to go for it instead of filing under PERM process.

    Thanks in advance

    Captain





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  • Rb_newsletter
    01-15 09:40 PM
    1. About 100,000 or may be many times that number (I do not know) of L1 workers are brought to work to the USA? Do they realize that there is NO quota limit for L1?

    2. How the L1A visa is misused in the guise of the so called "International transfer" to file for GC under EB1 category?

    3 That many of the Indian / foreign firms no longer prefer to sendi their employees on H1 as they can send plane loads of L1 without any hitch?



    I just wanted to share the info that I know and I am not in L1.

    They started cracking down L1s long before. Denials of L1 started atleast a year before. Nowadays some companies don't even apply for L1 extension from onsite. Because they know it will be denied. They apply extensions only after candidate goes back to home country.

    But let us not hate each other among ourselves between L1, H1, F1 etc. At the end anyone is applying for L1/H1/F1 because there is a provision and it is completely legal.



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  • Bpositive
    02-12 10:21 PM
    I fully support this....





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  • bfadlia
    02-15 02:22 PM
    u r missing my point..
    Again you are saying it's a SKILL cap. We can agree business may hire whoever they please but don't pretend that they only hire based on SKILL..
    when someone says let business hire the "best and brightest", that's my problem, he implies the best and brightest are concentrated in only two countries so that's what's insane, that's why he won't be taken seriously.
    cheers.



    Yes skills don't need a cap. If I am a business owner, I have all rights to hire best and brightest in the world. It is my choice whom I hire not Government tells me where to go for hiring. Business may hire from India or Antartica, it should not be anyone's damn concern. Let the free markets work !!! This is insane



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  • sunty
    02-12 11:00 PM
    Lawsuit might be worth looking into...If you see majority of any type of immigration fixes, a lawsuit or a threat of a lawsuit has been one of the major reasons for USCIS to give some ground....





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  • jayleno
    07-21 06:17 PM
    I'm enjoying this thread more than I enjoyed the predictions one. I'm imagining a qucikstar star reading this thread and smiling to myself. My wife thinks I'm reading a joke on the internet.

    Keep them coming guys.





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  • akred
    02-20 12:40 AM
    How much investment is required to do this using the L1-A? This appears to be a better option than the EB-5 where money is tied up for years.





    _TrueFacts
    09-03 02:21 PM
    pls keep your social discussions away from this website. I think its a waste of resource to having this thread exist in the first place.

    One more preacher! How does it matter? If IIM Bangalore can have a discussion on Women Rights and all are invited why not we people on a public forum.

    If you have a point, say so..





    gc_chahiye
    06-28 08:03 PM
    I am analyzing for EB-2 (India). The current date for EB-2 India was Apr 1 2004 for month of June.

    Retrogression started Oct 1 2005. Before Oct 1 2005, persons with PD < Oct 1 2005 (remember PERM) could have submitted I-485. Some (not all remember namecheck) of these would be ready for adj June 1st 2007. These applicants can be divided into 2 categories: those with PD <= Apr 1 2004 and those with PD > Apr 1 2004.

    Applicants in first category will get GC in June and applicants in 2nd category will get GC in Jul. These applicants can exhaust 2007 quota.

    USCIS is taking 3 weeks for notification of 485's submiited in June. I would be very surprised if they process a June submission in < 3 months. So chances of June applicant using GC number are low.

    USCIS knew # applicants in above 2 categories: this appears trivial. If these applicants exhaust 2007 quota, USCIS knew that quota will get exhausted in Jul. The date can be of their choosing since the work involved must be pretty low.

    A similar analysis can be done for any other category. Correct me if my dates are wrong.


    but if USCIS knew this (that June+July can finish all the numbers for 2007) then why does the visa bulletin talk about retrogression in September timeframe for India/China? Why not August itself?