mchundi
02-16 05:04 PM
I did some research on murthy.com and found that AC21 did abolish 'per country of birth quota' on recycled numbers. I am posting a link to this murthy.com article of Oct 6, 2000 which clarifies the issue.
http://www.murthy.com/news/UDh1det.html
If the link fails I am reporducing the paragraph here: -
Major highlights of ACTA are listed below :
Per Country Quotas for Immigrant Visas
"Under Section 104, with respect to immigrant visas, the per country quota, which has been adversely affecting those from China and India and which the U.S. State Department had stated could possibly affect those from the Philippines in the near future, may have been resolved with this Bill. It has always been the case that not all of the available immigrant visas were issued, since most countries did not have enough applicants to use the total available. ACTA provides that if the INS or the U.S. State Department does not issue all of the immigrant visas that should be issued in that FY, the unused immigrant visa numbers should be made available to all countries without the per country quota limit applying."
Retrogression started as the recycled numbers are no longer available and with that country quota showed its horrible effect. It is clear guys we have to concentrate our energy and our thoughts on this quota. Quota on the basis of "country of birth" on talent or skill needed is really hard to explain and we can have good logical arguments to support its abolition.
Good work jungalee32,
It is also part of our resource data base that sandeep compiled, where all these issues are clearly explained. That is why once we have the unused numbers it is like increasing the per country quota. It will bring the priority date to current for a couple of years(even if there are more cases than unused numbers with them. Just because they cannot process that faster)
--MC
http://www.murthy.com/news/UDh1det.html
If the link fails I am reporducing the paragraph here: -
Major highlights of ACTA are listed below :
Per Country Quotas for Immigrant Visas
"Under Section 104, with respect to immigrant visas, the per country quota, which has been adversely affecting those from China and India and which the U.S. State Department had stated could possibly affect those from the Philippines in the near future, may have been resolved with this Bill. It has always been the case that not all of the available immigrant visas were issued, since most countries did not have enough applicants to use the total available. ACTA provides that if the INS or the U.S. State Department does not issue all of the immigrant visas that should be issued in that FY, the unused immigrant visa numbers should be made available to all countries without the per country quota limit applying."
Retrogression started as the recycled numbers are no longer available and with that country quota showed its horrible effect. It is clear guys we have to concentrate our energy and our thoughts on this quota. Quota on the basis of "country of birth" on talent or skill needed is really hard to explain and we can have good logical arguments to support its abolition.
Good work jungalee32,
It is also part of our resource data base that sandeep compiled, where all these issues are clearly explained. That is why once we have the unused numbers it is like increasing the per country quota. It will bring the priority date to current for a couple of years(even if there are more cases than unused numbers with them. Just because they cannot process that faster)
--MC
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waitin_toolong
10-01 02:34 PM
because these were actually approved and assigned a number when the dates were current, they just got around to mailing the approvals now.
santb1975
02-14 12:22 AM
We really need it
I volunteer. I will be in Los Angeles this Sunday. See you there.
Cheers!
g
I volunteer. I will be in Los Angeles this Sunday. See you there.
Cheers!
g
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felix31
04-18 11:26 AM
vicks don,
did you file with vermont before April 1st?
my husband's I-140 case was initially sent to Nebraska (after april 1st batch) and it got transferred to Texas and we got Texas service center receipt notice.
I guess you would send RFE to the center that issued the RFE. Wait for it to arrive....Also, you already have receipt notice, right? Look for the first three letters your receipt number starts with. If it is EAC, that your case is with vermont. If it is SRC, than your case is with Texas..
hope this helps..
Oh, and one extra detail, the online message from Texas says it takes 400+ days to process these applications. I am absolutely horrified by it..
The web site says they are processing Jan 06 cases, but somehow that does not look real..
did you file with vermont before April 1st?
my husband's I-140 case was initially sent to Nebraska (after april 1st batch) and it got transferred to Texas and we got Texas service center receipt notice.
I guess you would send RFE to the center that issued the RFE. Wait for it to arrive....Also, you already have receipt notice, right? Look for the first three letters your receipt number starts with. If it is EAC, that your case is with vermont. If it is SRC, than your case is with Texas..
hope this helps..
Oh, and one extra detail, the online message from Texas says it takes 400+ days to process these applications. I am absolutely horrified by it..
The web site says they are processing Jan 06 cases, but somehow that does not look real..
more...
nareshg
10-05 06:01 PM
they responded today to USCIS, nothing much here I guess...
one of the forms had my birth date wrong, so USCIS was asking for the actual birth date.
one of the forms had my birth date wrong, so USCIS was asking for the actual birth date.
r50000
07-27 08:04 PM
Why would your employer do that unless you did something inappropriate?
As long as the employee does not not step out of line. He has nothing to worry. In this case, the only problem is layoffs for unavoidable reasons in which case it is not the employee's fault. In such situations, the employer will not revoke the 140.
whatever is the reason of revoking ? I just want to know if employer revokes an approved I140 withing 180 days of filling, will the employee know about it.
thanks!
As long as the employee does not not step out of line. He has nothing to worry. In this case, the only problem is layoffs for unavoidable reasons in which case it is not the employee's fault. In such situations, the employer will not revoke the 140.
whatever is the reason of revoking ? I just want to know if employer revokes an approved I140 withing 180 days of filling, will the employee know about it.
thanks!
more...
ash27
07-17 02:55 PM
Guys,
We need to ignore postings from Rockford. He is just trying to spread unnecessary rumors to gain attention. What a shame
we really have to be morons to take anynonymous comments at face-value.
or did you post the comments yourself and like the attention?
We need to ignore postings from Rockford. He is just trying to spread unnecessary rumors to gain attention. What a shame
we really have to be morons to take anynonymous comments at face-value.
or did you post the comments yourself and like the attention?
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new_phd
05-14 01:30 PM
Or atleast make it a stickie under the appropriate forum sub category.
Maybe IV should Link to each new VB and put it on the home page ;) This will avoid 4 threads being created each time a VB is out!:p
Maybe IV should Link to each new VB and put it on the home page ;) This will avoid 4 threads being created each time a VB is out!:p
more...
ramakrishna_ram
06-14 07:40 PM
Thank you for your inputs. I really appreciated for your help. We went to Detective office and he allowed my sister only to question. He asked couple of questions regarding that family and theft. My sister explained him that she don't know about that situation. It took about 20 minutes time there. We have below questions still remains in our mind.
1) Do we really required a Lawyer to protect?
2) I believe they should have proper information to arrest or accuse right?
3) We know my sister is innocent but feeling insecure for being happend. so what are all the chances to again question my sister?.
After viewing your messages here, we realized it is wrong to go to Detective office but we went this morning
Please help me in this
1) Do we really required a Lawyer to protect?
2) I believe they should have proper information to arrest or accuse right?
3) We know my sister is innocent but feeling insecure for being happend. so what are all the chances to again question my sister?.
After viewing your messages here, we realized it is wrong to go to Detective office but we went this morning
Please help me in this
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qualified_trash
12-01 05:47 PM
You cannot apply the extension for 3yrs with new employer as your labor and i140 are tied to old employer.
this info is incorrect. from a murthy chat transcript...... available at :
http://www.murthy.com/chatlogs/ch102306_P.html
Chat User : I have used 6 years of my H1B and have got extension for 3 more years. Can I change employers based on a 7th-year approval? Is it legal to do so? Thank you very much for advice.
Attorney Murthy : After one has an I-140 petition approved in her/his name, s/he is allowed to file for a new 3-year H1B extension with a new or different employer based on the I-140 petition approval with another employer. Then, during the 3-year H1B timeframe, the person could potentially start a new PERM/LC process with the new employer and, thereafter, rely on the new filing for future H1B extensions, in case the earlier employer cancels or revokes the earlier LC or I-140 petition.
this info is incorrect. from a murthy chat transcript...... available at :
http://www.murthy.com/chatlogs/ch102306_P.html
Chat User : I have used 6 years of my H1B and have got extension for 3 more years. Can I change employers based on a 7th-year approval? Is it legal to do so? Thank you very much for advice.
Attorney Murthy : After one has an I-140 petition approved in her/his name, s/he is allowed to file for a new 3-year H1B extension with a new or different employer based on the I-140 petition approval with another employer. Then, during the 3-year H1B timeframe, the person could potentially start a new PERM/LC process with the new employer and, thereafter, rely on the new filing for future H1B extensions, in case the earlier employer cancels or revokes the earlier LC or I-140 petition.
more...
beautifulMind
07-16 01:02 PM
Feed from my lawyer
Several sources have now reported that high-level agency discussions on solutions to the July 2007 Visa Bulletin crisis are underway and could result in a new opportunity for certain eligible foreign nationals to submit adjustment of status applications. Apparently, no final decision has been reached, and it is difficult to predict with absolute certainty what the final outcome will be or when an announcement might be made.
__________________________________________________ _______
Several sources have reported that high-level discussions are now taking place within the government concerning a possible solution to the July 2007 Visa Bulletin crisis. As a result of these discussions, there have been indications that U.S. Citizenship and Immigration Services (USCIS) could change course on its position regarding acceptance of applications for adjustment of status, in whole or in part, and create a new opportunity to submit adjustment cases. Some reports have indicated that cases submitted on July 2 will now be accepted for filing, while other reports have suggested that there will be a completely new window of opportunity to submit cases. Apparently, several options are being considered.
Sources caution that the government has not reached a final decision on this matter, and there are no concrete details concerning the mechanics of any future filing opportunity. It is important to note that in the current climate of swift policy reversals and rampant rumors, it is possible that any tentative agreement on reopening an adjustment submission period could falter
Several sources have now reported that high-level agency discussions on solutions to the July 2007 Visa Bulletin crisis are underway and could result in a new opportunity for certain eligible foreign nationals to submit adjustment of status applications. Apparently, no final decision has been reached, and it is difficult to predict with absolute certainty what the final outcome will be or when an announcement might be made.
__________________________________________________ _______
Several sources have reported that high-level discussions are now taking place within the government concerning a possible solution to the July 2007 Visa Bulletin crisis. As a result of these discussions, there have been indications that U.S. Citizenship and Immigration Services (USCIS) could change course on its position regarding acceptance of applications for adjustment of status, in whole or in part, and create a new opportunity to submit adjustment cases. Some reports have indicated that cases submitted on July 2 will now be accepted for filing, while other reports have suggested that there will be a completely new window of opportunity to submit cases. Apparently, several options are being considered.
Sources caution that the government has not reached a final decision on this matter, and there are no concrete details concerning the mechanics of any future filing opportunity. It is important to note that in the current climate of swift policy reversals and rampant rumors, it is possible that any tentative agreement on reopening an adjustment submission period could falter
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va_labor2002
05-17 01:15 PM
I listened to President's speech last Monday on immigration.But,he did not mention anything about legal immigration issues. I think ,we should send a memorandum or mass letter from each members of IV to the President.
We should communicate our problems. If everybody sends letter to the IV Team and they can submit all the letters to the President's Office. What do you think ? Any comments ? Is there any better way of communicating to the President ?
We should communicate our problems. If everybody sends letter to the IV Team and they can submit all the letters to the President's Office. What do you think ? Any comments ? Is there any better way of communicating to the President ?
more...
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swissgear
06-24 11:20 AM
NYC mayor, major CEOs lobby for immigration reform (http://www.sfgate.com/cgi-bin/article.cgi?f=/n/a/2010/06/23/financial/f230104D08.DTL&type=business)
NYC mayor, major CEOs lobby for immigration reform
By SARA KUGLER FRAZIER, Associated Press Writer
Associated Press June 24, 2010 04:56 AM Copyright Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
Thursday, June 24, 2010
06-24) 04:56 PDT New York (AP) --
Chief executives of several major corporations, including Hewlett-Packard, Boeing, Disney and News Corp., are joining Mayor Michael Bloomberg to form a coalition advocating for immigration reform — including a path to legal status for all undocumented immigrants now in the United States.
The group includes several other big-city mayors and calls itself the Partnership for a New American Economy. It seeks to reframe immigration reform as the solution to repairing and stimulating the economy.
Bloomberg and Rupert Murdoch, chairman and CEO of News Corp., appeared together Thursday on Fox News to discuss the effort.
"We're just going to keep the pressure on the congressmen," Murdoch said. "I think we can show to the public the benefits of having migrants and the jobs that go with them."
Bloomberg added, "Somebody has to lead and explain to the country why this is in our interest."
The CEOs said Thursday in statements that their companies — and the nation — depend on immigrants.
"It's our great strength as a nation, and it's also critical for continued economic growth," Walt Disney Co. Chairman and CEO Robert Iger said in a statement. "To remain competitive in the 21st century, we need effective immigration reform that invites people to contribute to our shared success by building their own American dream."
The group says it intends to make its point to policymakers by "publishing studies, conducting polls, convening forums and paying for public education campaigns."
The tactics are similar to those used by Bloomberg's coalition of mayors who support gun control.
Bloomberg has for years criticized the federal government for its immigration laws, proposing in 2006 a plan that would have established a DNA or fingerprint database to track and verify all legal U.S. workers.
The billionaire mayor, a former CEO of the financial information company Bloomberg LP, also said at the time that all 12 million undocumented immigrants in the United States should be given the opportunity for citizenship, saying that deporting them is impossible and would devastate the economy.
Lawmakers who wanted to deport all illegal immigrants were "living in a fantasy world," he said.
He has recently taken up the fight again, declaring this week that U.S. immigration policy "is national suicide."
"I can't think of any ways to destroy this country quite as direct and impactful as our immigration policy," he said Wednesday. "We educate the best and the brightest, and then we don't give them a green card."
The group's main immigration goals are to secure the borders, develop an easy system for employers to verify work eligibility, hold companies accountable for breaking the laws and improve the use of technology to prevent illegal immigration.
The group also wants more opportunities for immigrants to join the U.S. work force and a path to legal status for all undocumented immigrants.
Bloomberg spokesman Jason Post said no money has been spent on the effort yet, and he could not say whether the group will be a standard nonprofit, a political action committee or a group known as a 501(c)4 nonprofit, which can operate outside the more strict limits governing political action committees.
The business leaders in the coalition employ more than 650,000 people and make more than $220 billion in annual sales, combined.
The effort marks Bloomberg's return to national issues after he spent 2009 campaigning for a third term, focusing mostly on New York City's municipal concerns.
The Republican-turned-independent spent about two years testing the waters for an independent 2008 presidential run, but ultimately he gave up the idea.
By recruiting business leaders and mayors into a national-issue coalition, he is highlighting both of his backgrounds in running a city and running a business, which could be seen as an early move to dust off his presidential aspirations.
Read more: NYC mayor, major CEOs lobby for immigration reform (http://www.sfgate.com/cgi-bin/article.cgi?f=/n/a/2010/06/23/financial/f230104D08.DTL&type=business#ixzz0rmwAKPQ7)
NYC mayor, major CEOs lobby for immigration reform
By SARA KUGLER FRAZIER, Associated Press Writer
Associated Press June 24, 2010 04:56 AM Copyright Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
Thursday, June 24, 2010
06-24) 04:56 PDT New York (AP) --
Chief executives of several major corporations, including Hewlett-Packard, Boeing, Disney and News Corp., are joining Mayor Michael Bloomberg to form a coalition advocating for immigration reform — including a path to legal status for all undocumented immigrants now in the United States.
The group includes several other big-city mayors and calls itself the Partnership for a New American Economy. It seeks to reframe immigration reform as the solution to repairing and stimulating the economy.
Bloomberg and Rupert Murdoch, chairman and CEO of News Corp., appeared together Thursday on Fox News to discuss the effort.
"We're just going to keep the pressure on the congressmen," Murdoch said. "I think we can show to the public the benefits of having migrants and the jobs that go with them."
Bloomberg added, "Somebody has to lead and explain to the country why this is in our interest."
The CEOs said Thursday in statements that their companies — and the nation — depend on immigrants.
"It's our great strength as a nation, and it's also critical for continued economic growth," Walt Disney Co. Chairman and CEO Robert Iger said in a statement. "To remain competitive in the 21st century, we need effective immigration reform that invites people to contribute to our shared success by building their own American dream."
The group says it intends to make its point to policymakers by "publishing studies, conducting polls, convening forums and paying for public education campaigns."
The tactics are similar to those used by Bloomberg's coalition of mayors who support gun control.
Bloomberg has for years criticized the federal government for its immigration laws, proposing in 2006 a plan that would have established a DNA or fingerprint database to track and verify all legal U.S. workers.
The billionaire mayor, a former CEO of the financial information company Bloomberg LP, also said at the time that all 12 million undocumented immigrants in the United States should be given the opportunity for citizenship, saying that deporting them is impossible and would devastate the economy.
Lawmakers who wanted to deport all illegal immigrants were "living in a fantasy world," he said.
He has recently taken up the fight again, declaring this week that U.S. immigration policy "is national suicide."
"I can't think of any ways to destroy this country quite as direct and impactful as our immigration policy," he said Wednesday. "We educate the best and the brightest, and then we don't give them a green card."
The group's main immigration goals are to secure the borders, develop an easy system for employers to verify work eligibility, hold companies accountable for breaking the laws and improve the use of technology to prevent illegal immigration.
The group also wants more opportunities for immigrants to join the U.S. work force and a path to legal status for all undocumented immigrants.
Bloomberg spokesman Jason Post said no money has been spent on the effort yet, and he could not say whether the group will be a standard nonprofit, a political action committee or a group known as a 501(c)4 nonprofit, which can operate outside the more strict limits governing political action committees.
The business leaders in the coalition employ more than 650,000 people and make more than $220 billion in annual sales, combined.
The effort marks Bloomberg's return to national issues after he spent 2009 campaigning for a third term, focusing mostly on New York City's municipal concerns.
The Republican-turned-independent spent about two years testing the waters for an independent 2008 presidential run, but ultimately he gave up the idea.
By recruiting business leaders and mayors into a national-issue coalition, he is highlighting both of his backgrounds in running a city and running a business, which could be seen as an early move to dust off his presidential aspirations.
Read more: NYC mayor, major CEOs lobby for immigration reform (http://www.sfgate.com/cgi-bin/article.cgi?f=/n/a/2010/06/23/financial/f230104D08.DTL&type=business#ixzz0rmwAKPQ7)
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akkakarla
08-06 11:19 AM
IN CP the embassies request the visa number before it schedules the interview for the applicant.
For example: If the applicant interview is scheduled in August 14th 2007 the interview letter will be sent 3- 4 weeks before(in July 2007). They request the visa number in July at the time they send interview letter.
All the people who attended CP interviews in July got Visa Number and hence are approved till July 31st.
For example: If the applicant interview is scheduled in August 14th 2007 the interview letter will be sent 3- 4 weeks before(in July 2007). They request the visa number in July at the time they send interview letter.
All the people who attended CP interviews in July got Visa Number and hence are approved till July 31st.
more...
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paskal
12-20 11:55 PM
Thanks Anil,
Please also update us on IL activities that you guys have planned
Please also update us on IL activities that you guys have planned
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ata1234
07-13 09:07 PM
Dear friends, you are participating into this rally not for your own benefit but also you are helping huge community. All the best!
more...
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flexi
04-04 01:55 PM
... for your help! Now, what do you guys think about getting paid until the end of June by the 1st employer (but at the same time starting to work inofficially i.e. observing only for the 2nd employer) and then going back to work for a couple of weeks for the 1st employer but staring to get paid by the 2nd so that it's fair for both? Would that be legal? If not, there really isn't a good way to deal with this since the new H1Bs are valid not before Oct (if i'd apply for 2 H1Bs), right? I obviously don't want to jeopardize my visa to make my old employer happy so don't want to do anything that's not completely OK in that regard....
In regards to the timing of a petition for a transfer (leaving all the other stuff above aside for a moment), let's say i'd like to start at the new employer 1st of July - to be on the safe side I should get a lawyer, plan a week for them to get the petition ready and then i'd have to wait a couple weeks for the receipt notice (which then allows me to work for the new employer, correct?) - so that would make it 3 weeks?
Thanks again!
PS: more complicated now???
PPS: germany.... not india.... but would love to go there on the way back :cool:
In regards to the timing of a petition for a transfer (leaving all the other stuff above aside for a moment), let's say i'd like to start at the new employer 1st of July - to be on the safe side I should get a lawyer, plan a week for them to get the petition ready and then i'd have to wait a couple weeks for the receipt notice (which then allows me to work for the new employer, correct?) - so that would make it 3 weeks?
Thanks again!
PS: more complicated now???
PPS: germany.... not india.... but would love to go there on the way back :cool:
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thomachan72
04-15 03:52 PM
My LC is still in process after auditing (EB2). My employer wants to 'drastically' cut back my salary due the national depression, which is particularly affecting the field my company is operating in (sub-primes). If he does that, and I accept it, is LC in jeopardy? We filed back in September 2007 with a certain salary and now it will be lower. Do we have to communicate the change to the DOL? And if yes, what will happen? Do we have to re-file? Thank you to everybody for all the info you can give me! Really!:(
For your H1b labor aproval the company has provided both the salary they are offering you as well as the prevailing wages for that particular job catagory. I dont think it is legal for the company to pay you below what was guranteed while hiring you, particulary as it goes against the basic requirement for H1b, which is to pay equal to or above the prevailing wages. Now due to economic depression, if the prevailing wages have decreased and the labor department has taken that into account maybe things might be different. See, the basic question is whether I can obtain a H1b worker promising 100K and later pay him 65k, citing general conditions like recession?
For your H1b labor aproval the company has provided both the salary they are offering you as well as the prevailing wages for that particular job catagory. I dont think it is legal for the company to pay you below what was guranteed while hiring you, particulary as it goes against the basic requirement for H1b, which is to pay equal to or above the prevailing wages. Now due to economic depression, if the prevailing wages have decreased and the labor department has taken that into account maybe things might be different. See, the basic question is whether I can obtain a H1b worker promising 100K and later pay him 65k, citing general conditions like recession?
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leo2606
09-24 03:42 PM
My wife is on H1-B valid till May-2010 and she got EAD for 2 years as well.
She is planning to take up permanent job at the client place she is currently working as a consultant.
What is the best? tranfering the H1-B or using EAD. Does she need to invok e AC-21 in bothe the cases?
She is planning to take up permanent job at the client place she is currently working as a consultant.
What is the best? tranfering the H1-B or using EAD. Does she need to invok e AC-21 in bothe the cases?
pointlesswait
11-26 02:50 PM
there was nothing to be so touchy in those two lines of mine!
paskal
07-08 08:37 PM
none of the forms ask for any of this
attorneys like to file them for "completeness"
i think they feel it strengthens the case and avoids unneeded questions
mine wantedW2 from 2003 (since i joined this job) but no returns
and last 2-3 pay stubs
BUT: mine is an NIW case so i think she wanted to prove continuous service since 2003 in this job (under served area), she also asked the employer for a payroll printout since january.
attorneys like to file them for "completeness"
i think they feel it strengthens the case and avoids unneeded questions
mine wantedW2 from 2003 (since i joined this job) but no returns
and last 2-3 pay stubs
BUT: mine is an NIW case so i think she wanted to prove continuous service since 2003 in this job (under served area), she also asked the employer for a payroll printout since january.
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