sammas
07-12 03:57 PM
E. APPLICABILITY OF INA SECTION 202(a)(5)(A)AS IT RELATES TO THE ALLOCATION OF �OTHERWISE UNUSED� NUMBERS
INA Section 202(a)(5)(A), added by the American Competitiveness in the 21st Century Act (AC21), provides that if total demand will be insufficient to use all available numbers in a particular Employment preference category in a calendar quarter, then the otherwise unused numbers may be made available without regard to the annual per-country limits. This provision helps to assure that all available Employment preference numbers may be used. In recent years, the application of Section 202(a)(5)(A) has occasionally allowed oversubscribed countries such as China-mainland born and India to utilize large quantities of Employment First and Second preference numbers that would have otherwise gone unused.
For example, let us assume that 11,600 Employment Second preference numbers are available in a calendar quarter. There is heavy Employment Second preference demand by China-mainland born and India applicants; however, each country is oversubscribed and would ordinarily be limited to about 800 of the available numbers due to the prorating provisions of INA Section 202(e). Applicants from other countries that have not yet reached their per-country limit have reported a total demand of 6,500 numbers. After taking the worldwide demand into account, it is determined that as a result of the China-mainland born and India per-country limits only 8,100 of the total available Employment Second preference numbers would be used in that quarter. In this instance, the otherwise unused 3,500 numbers could then be made available to China-mainland born and India regardless of their per-country limits. Should that occur, the same cut-off date would be applied to each country, since numbers must be provided strictly in priority date order regardless of chargeability. In this instance, greater number use by one country would indicate a higher rate of demand by applicants from that country with earlier priority dates.
INA Section 202(a)(5)(A), added by the American Competitiveness in the 21st Century Act (AC21), provides that if total demand will be insufficient to use all available numbers in a particular Employment preference category in a calendar quarter, then the otherwise unused numbers may be made available without regard to the annual per-country limits. This provision helps to assure that all available Employment preference numbers may be used. In recent years, the application of Section 202(a)(5)(A) has occasionally allowed oversubscribed countries such as China-mainland born and India to utilize large quantities of Employment First and Second preference numbers that would have otherwise gone unused.
For example, let us assume that 11,600 Employment Second preference numbers are available in a calendar quarter. There is heavy Employment Second preference demand by China-mainland born and India applicants; however, each country is oversubscribed and would ordinarily be limited to about 800 of the available numbers due to the prorating provisions of INA Section 202(e). Applicants from other countries that have not yet reached their per-country limit have reported a total demand of 6,500 numbers. After taking the worldwide demand into account, it is determined that as a result of the China-mainland born and India per-country limits only 8,100 of the total available Employment Second preference numbers would be used in that quarter. In this instance, the otherwise unused 3,500 numbers could then be made available to China-mainland born and India regardless of their per-country limits. Should that occur, the same cut-off date would be applied to each country, since numbers must be provided strictly in priority date order regardless of chargeability. In this instance, greater number use by one country would indicate a higher rate of demand by applicants from that country with earlier priority dates.
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chanduv23
04-01 09:13 AM
How come these people do not get caught during H-1 approval process or during visa stamping at consulate or maybe later during GC process?
[QUOTE=chanduv23]Thats a new trend. They go to colleges and meet a group of Indian students who are about to graduate and take them out of drinks and dinner and give a presentation about their company. Then when these students come into OPT status, they are all given food + guest house accomodation. Then they are put under intense training for 2 to 3 months and made to do some mockup projects. Then their resumes are massaged with 4 to 5 years of experience ie experience from date they graduated in the under graduation and their MS education is stripped off on their resumes.
As they have Master's degrees, they go to Mexico or Canada for stamping. Thier h1b petitions are filed based on their BS/MS degrees and project works etc. and if any gaps in education, they are filled by experience. As the come under the Master's Cap, the cap lasts longer. The massaging of resumes occurs when employer sends resumes to clients and these resumes are different from what they file for h1b.
When I was trying to reqruit a junior programmer position in my company, I found it very difficult to find the right person. All these people seemed like they had fake experience, tons and tons of resumes from Desi consulting companies , these people are well trained in answering interviews and can also confuse you during the interview.
With this growing trend, the market seems to be going a bit slow for corp to corp h1b consultants and a lot of people seem to be in this category and hiring managers are having a tough time to ascertsain the validity of the candidates.
It is disheartening that this kind of activity has become extremely normal and that people are already noticing it and it does not help solve our purpose and affects those genuine job seekers and genuine hiring managers.
There is more to this. There are consulting companies like visu consultants in India that have ties with all the low grade US universities trying to fill up their grad positions with those aspiring foreign students who can pay fee upto $6000 per semester and you see hoards of people with below average or no GRE scores (GRE will be waived for some universities) filling these positions and do odd jobs inbetween college hours to pay for their next semester and these are the people who actually take loans in their country to pay the high fee, these are the same people who join consulting companies and are hungry to get into jobs by hook or crook (resume massaging) so they they can pay off their debts.
So what is happening is a rippling effect. These days a lot of good H1bs or F1s are not coming here in big numbers because of lack of funding in research or good promising jobs in home countries. People coming through education consulting and moving to jobs through consulting companies has been on rise because of this trend
[QUOTE=chanduv23]Thats a new trend. They go to colleges and meet a group of Indian students who are about to graduate and take them out of drinks and dinner and give a presentation about their company. Then when these students come into OPT status, they are all given food + guest house accomodation. Then they are put under intense training for 2 to 3 months and made to do some mockup projects. Then their resumes are massaged with 4 to 5 years of experience ie experience from date they graduated in the under graduation and their MS education is stripped off on their resumes.
As they have Master's degrees, they go to Mexico or Canada for stamping. Thier h1b petitions are filed based on their BS/MS degrees and project works etc. and if any gaps in education, they are filled by experience. As the come under the Master's Cap, the cap lasts longer. The massaging of resumes occurs when employer sends resumes to clients and these resumes are different from what they file for h1b.
When I was trying to reqruit a junior programmer position in my company, I found it very difficult to find the right person. All these people seemed like they had fake experience, tons and tons of resumes from Desi consulting companies , these people are well trained in answering interviews and can also confuse you during the interview.
With this growing trend, the market seems to be going a bit slow for corp to corp h1b consultants and a lot of people seem to be in this category and hiring managers are having a tough time to ascertsain the validity of the candidates.
It is disheartening that this kind of activity has become extremely normal and that people are already noticing it and it does not help solve our purpose and affects those genuine job seekers and genuine hiring managers.
There is more to this. There are consulting companies like visu consultants in India that have ties with all the low grade US universities trying to fill up their grad positions with those aspiring foreign students who can pay fee upto $6000 per semester and you see hoards of people with below average or no GRE scores (GRE will be waived for some universities) filling these positions and do odd jobs inbetween college hours to pay for their next semester and these are the people who actually take loans in their country to pay the high fee, these are the same people who join consulting companies and are hungry to get into jobs by hook or crook (resume massaging) so they they can pay off their debts.
So what is happening is a rippling effect. These days a lot of good H1bs or F1s are not coming here in big numbers because of lack of funding in research or good promising jobs in home countries. People coming through education consulting and moving to jobs through consulting companies has been on rise because of this trend
amitjoey
11-11 01:49 PM
YES! We can, we should go to court. But time and again, IV Core (I am not one) has evaluated individual issues and told us that we dont have a strong enough case to justify the money involved. If and only IF we have a strong case, we can get media attention, we should spend the money. Otherwise the money is well spent lobbying. We are talking 50k and more.
Do you know how effort intensive taking USCIS to court is. We are talking about complete dedication of our time and resources. We are talking about 10-15 committed IV members spending a minimum of 15 hours every week researching, doing paper work with the lawyers. Also, we would need volunteers to come forward give interviews, appear in court (if need be), travel and stay out of home.
We have trouble getting members go to their local lawmakers office to petition and lobby. Should we not first prove to IV Core that we can come up with 15 committed members and atleast $10k.
I do not want to discourage anyone in going this route, infact I want us to sue USCIS, BUT before we do that we should all first go and meet our lawmakers. Get some attention to the issue, maybe we submit this letter to their offices while we are there.
Do you know how effort intensive taking USCIS to court is. We are talking about complete dedication of our time and resources. We are talking about 10-15 committed IV members spending a minimum of 15 hours every week researching, doing paper work with the lawyers. Also, we would need volunteers to come forward give interviews, appear in court (if need be), travel and stay out of home.
We have trouble getting members go to their local lawmakers office to petition and lobby. Should we not first prove to IV Core that we can come up with 15 committed members and atleast $10k.
I do not want to discourage anyone in going this route, infact I want us to sue USCIS, BUT before we do that we should all first go and meet our lawmakers. Get some attention to the issue, maybe we submit this letter to their offices while we are there.
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rajuseattle
07-14 08:23 PM
ajthakur,
dont worry about LUD on 07/13, that was a generic update.
My wife's approved I-539 (H-4) from 2005 received LUD on 07/13, so that's nothing to do with your current RFE situation.
I think you are scared of your past employer or you are worrying too much, god knows what he has asked you to do which you dont want to mention on this forum, but if he has threatened you or if he is doing some illegal activities you have the protection under AC-21 for reporting such employers to USCIS and DoL. Please read the USCIS (Neufield) Memo published in May 2008.
Please let us know whats going on with your ex-employer, if he is trying to get some money from you or abusing you, you can very well report him to DoL and you will be fine under the new AC-21 memo which protects such employees who are whistle blowers and you are fully protected under US laws.
Lot of the times desi blood suckers abuse their employees and this is the reason USCIS came up with whistle blower protection under AC-21. your competent attorney can use this special provision and argue with USCIS why you were forced to change employment after filing your I-485 back in July 2007 and you switch the job under AC-21 provisions in August 2007.
dont worry too much, try preparing your AC-21 letter and Employment verification letter to answer the RFE.
dont worry about LUD on 07/13, that was a generic update.
My wife's approved I-539 (H-4) from 2005 received LUD on 07/13, so that's nothing to do with your current RFE situation.
I think you are scared of your past employer or you are worrying too much, god knows what he has asked you to do which you dont want to mention on this forum, but if he has threatened you or if he is doing some illegal activities you have the protection under AC-21 for reporting such employers to USCIS and DoL. Please read the USCIS (Neufield) Memo published in May 2008.
Please let us know whats going on with your ex-employer, if he is trying to get some money from you or abusing you, you can very well report him to DoL and you will be fine under the new AC-21 memo which protects such employees who are whistle blowers and you are fully protected under US laws.
Lot of the times desi blood suckers abuse their employees and this is the reason USCIS came up with whistle blower protection under AC-21. your competent attorney can use this special provision and argue with USCIS why you were forced to change employment after filing your I-485 back in July 2007 and you switch the job under AC-21 provisions in August 2007.
dont worry too much, try preparing your AC-21 letter and Employment verification letter to answer the RFE.
more...
gc_chahiye
09-24 01:57 PM
Hi,
Appreciate ur quick response.
so i need to get the affidavit from notary signed that it is a true translation from telugu to english so this is a replacement of English DOB Certificate.
actually your friend who does the translation will sign the form in front of the notary. Your friend is saying that this is a true translation, and the Notary is simply attesting that he saw your friend sign and this was indeed signed by your friend (ie. you did not make this up). The notary does not need to know Telugu, so cant certify that the translation is accurate. Notaries will typically only attest to the fact that the signature on the form is by the right person, they dont carea bout the contents of the form. to summarize:
- friend translates and certifies the translation
- notary puts a stamp on that saying this was indeed signed by your friend.
of course if you find a notary who also does translations, then you could use that too.
Appreciate ur quick response.
so i need to get the affidavit from notary signed that it is a true translation from telugu to english so this is a replacement of English DOB Certificate.
actually your friend who does the translation will sign the form in front of the notary. Your friend is saying that this is a true translation, and the Notary is simply attesting that he saw your friend sign and this was indeed signed by your friend (ie. you did not make this up). The notary does not need to know Telugu, so cant certify that the translation is accurate. Notaries will typically only attest to the fact that the signature on the form is by the right person, they dont carea bout the contents of the form. to summarize:
- friend translates and certifies the translation
- notary puts a stamp on that saying this was indeed signed by your friend.
of course if you find a notary who also does translations, then you could use that too.
HawaldarNaik
03-09 12:21 PM
let us wait for May bulletin....
and then june....then july....and so on and so forth visa bullietins......:D
and then june....then july....and so on and so forth visa bullietins......:D
more...
shsk
11-11 11:02 PM
We can all pitch in and send either congrats greeting card/flower along with IV letter highlighting our pathetic situation.
Hope he addresses something.
Hope he addresses something.
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meridiani.planum
03-14 12:26 PM
It would be great if USCIS clarifies on interim EAD and what the applicant can do if a EAD application remain in pending status.
there are no Interm EADs (stopped almost 2 years ago) and if the EAD is pending, then you need to stop working once your old EAD expires.
there are no Interm EADs (stopped almost 2 years ago) and if the EAD is pending, then you need to stop working once your old EAD expires.
more...
Macaca
09-26 10:38 AM
There is a non-profit organization (like Business & Media Institute (http://www.businessandmedia.org/about/about.aspx)) that reports on wrong media reports. They have lot of reports on Lou Dobbs.
The details were posted in one of the many Lou Dobbs Threads. I can not find it.
If anyone can find it please post details of the organization and send email to this organization also.
The details were posted in one of the many Lou Dobbs Threads. I can not find it.
If anyone can find it please post details of the organization and send email to this organization also.
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smuggymba
07-27 08:24 AM
Really need urgent help on this. These folks are asking me to sign a 1 year contract with them. Wanted to ask if anybody has any experience with this company.
Do they really sue if we break the contract?. Is it legal in the US to have a binding contract to begin with?. Please let me know. I need to make a decision in a few days as I am packing my bags from Texas and flying to Santa Clara to attend their courses...
Dear Friend,
All this is con artistry about charging for "training". They post ads saying we have urgent business requirements for 5 Analysts but you have to attend our course....once u attend the course, on the very last at 5pm, you'll be given a sheet of paper to sign a contract, which means u have to stick with them whether u get a project or not.
Modus Operandi - If u get a project, they make money............if u don't get a proj, they are not affected since they don't pay on bench...........if u get a proj with another compnay and leave, they sue u and show u ur contract and make money.
Win win for the desi consultant, tough life for you buddy. Make an informed decision. Everyone knows how these ppl operate and still get stuck with them.
I don't want you posting in this same forum 5 months from now that I have been sued or been threatened to be sued and can I shift employers etc as I don't have a project.
Best of luck.
Do they really sue if we break the contract?. Is it legal in the US to have a binding contract to begin with?. Please let me know. I need to make a decision in a few days as I am packing my bags from Texas and flying to Santa Clara to attend their courses...
Dear Friend,
All this is con artistry about charging for "training". They post ads saying we have urgent business requirements for 5 Analysts but you have to attend our course....once u attend the course, on the very last at 5pm, you'll be given a sheet of paper to sign a contract, which means u have to stick with them whether u get a project or not.
Modus Operandi - If u get a project, they make money............if u don't get a proj, they are not affected since they don't pay on bench...........if u get a proj with another compnay and leave, they sue u and show u ur contract and make money.
Win win for the desi consultant, tough life for you buddy. Make an informed decision. Everyone knows how these ppl operate and still get stuck with them.
I don't want you posting in this same forum 5 months from now that I have been sued or been threatened to be sued and can I shift employers etc as I don't have a project.
Best of luck.
more...
nojoke
03-01 04:06 AM
Unfortunately, Obama is not changing much. The mortgage bailout is just a show. Almost irrelevant.
They are throwing good money into a black hole.:mad:
They are throwing good money into a black hole.:mad:
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desi3933
01-31 05:53 PM
In case of a dependant 485 there is no requirement to be paid on EAD.
For AOS status, there is no requirement for person to be paid on EAD. It does not matter whether I-485 is for primary or dependent beneficiary.
____________________
Not a legal advice.
US Citizen of Indian Origin
For AOS status, there is no requirement for person to be paid on EAD. It does not matter whether I-485 is for primary or dependent beneficiary.
____________________
Not a legal advice.
US Citizen of Indian Origin
more...
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GCAmigo
01-31 03:27 PM
What if the H4 candidate recieves H1 but decides not to start a job at all. What will be his/her status in that case? H4 or H1?
H1-B without paystub...
H1-B without paystub...
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abcdefgh
01-16 11:21 AM
Date of sign up: Jan. 16, 2007
Subscription Name: Secure $20 Per Month Recurring Contribution
Subscription Number: S-92E2356024336193V
Can you confirm?
Subscription Name: Secure $20 Per Month Recurring Contribution
Subscription Number: S-92E2356024336193V
Can you confirm?
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GCKaMaara
03-12 01:03 PM
Excuse me who are you calling a disease?
who has given you the right to name call, when I have not used any profanity words? Please choose your words carefully, as it does not reflect a good reputation on part of a person who is trying to make a point and bring awareness.
Just because you have 1485 filed much before your PD and have the better half of the situation, does not allow you to be an advocator on behalf of IV.
The question was means for IV and PAPPU, and to galvanize this organization to do something big, than take things for granted.
Thank you
This may be partially my fault. I took name. I wanted to say any donor, I tool ronhira as symbolic representative of donors as he was as part of debate.
Sorry Ron.
who has given you the right to name call, when I have not used any profanity words? Please choose your words carefully, as it does not reflect a good reputation on part of a person who is trying to make a point and bring awareness.
Just because you have 1485 filed much before your PD and have the better half of the situation, does not allow you to be an advocator on behalf of IV.
The question was means for IV and PAPPU, and to galvanize this organization to do something big, than take things for granted.
Thank you
This may be partially my fault. I took name. I wanted to say any donor, I tool ronhira as symbolic representative of donors as he was as part of debate.
Sorry Ron.
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nojoke
03-01 03:57 AM
What a lovely change. Every time Obama and his press Secy opens their mouth, markets dive into red. In this country Main Street and Wall Street are in bed with each other :-)
Obama with his sense-less economic policies, trying to separate Main Street from Wall street. Government needs to seriously lure the investors to the market , cut capital gains and taxes, take off protectionist hats and recover the economy. Then Obama can go with his socialist/populist agenda but certainly this is not the right time.:D
Stop watching faux news.
Bush has done tax cuts to the investor class and look where it has taken this country.
Obama with his sense-less economic policies, trying to separate Main Street from Wall street. Government needs to seriously lure the investors to the market , cut capital gains and taxes, take off protectionist hats and recover the economy. Then Obama can go with his socialist/populist agenda but certainly this is not the right time.:D
Stop watching faux news.
Bush has done tax cuts to the investor class and look where it has taken this country.
more...
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amitjoey
02-14 11:33 AM
I understand your frustration, but the rules are the same for everybody, and if India sends more immigrants to the US then any other country, that\\\'s not the US Government\'s fault.
If there were not per country limits, Indians would consume all those EB visas visas leaving no chance to the applicants from other countries to immigrate to the US legally.
That is not true.. Let me explain.. I want to give you an example to illustrate what the issue is: Think of a grocery check out line and let us assume for a moment that there are seperate counters for Indians, Chinese, Phill, MEX, ROW. So there are 5 counters. What is happening right now is that the queque for Indians and chinese and other retrogressed countries is long and snakes thru the aisles and they have to wait hours before they can check out, whereas ROW applicants can check out in minutes.
So it is not like Indians, or other retrogressed countries will consume all EB visas, If there were no country quotas. it is just that the waiting time to get one will be equal for everyone, irrespective of country of birth. That is how it should be, since it is an employment based visa..
The logic of employment based visas is that it was created to give visas (GC) to the applicants that were most needed by the US Employers at any given time. If the most qualified applicants that US employers prefer happen to be phillipinoes or chinese or Indians, that would mean there are more of those nationals.
If there were not per country limits, Indians would consume all those EB visas visas leaving no chance to the applicants from other countries to immigrate to the US legally.
That is not true.. Let me explain.. I want to give you an example to illustrate what the issue is: Think of a grocery check out line and let us assume for a moment that there are seperate counters for Indians, Chinese, Phill, MEX, ROW. So there are 5 counters. What is happening right now is that the queque for Indians and chinese and other retrogressed countries is long and snakes thru the aisles and they have to wait hours before they can check out, whereas ROW applicants can check out in minutes.
So it is not like Indians, or other retrogressed countries will consume all EB visas, If there were no country quotas. it is just that the waiting time to get one will be equal for everyone, irrespective of country of birth. That is how it should be, since it is an employment based visa..
The logic of employment based visas is that it was created to give visas (GC) to the applicants that were most needed by the US Employers at any given time. If the most qualified applicants that US employers prefer happen to be phillipinoes or chinese or Indians, that would mean there are more of those nationals.
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bigboy007
07-18 09:26 AM
other than some quoting did you know any of your friends or your attorneys cases getting rejected.
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nitinboston
04-10 01:02 AM
i have been on this forum for some time now, something i still am trying to understand is, IS GC A RIGHT OR A PRIVILEGE? if its a right i am all for fighting for it but if its a privilege bestowed by this nation on immigrants why don't we just kneel and pray instead of crying foul.
alex99
03-24 09:29 AM
This was already done before. Sorry to repost again.
I have downloaded the MS Access data(from Flatdatacenter..) and wrote queries :
I could get labor cases filed for INDIANS only for years 2007,2006,2005. For other years the data is not available.
Folloing are the details:
YEAR-TOTAL Cases Certified - INDIA count
-------------------------------------------
2000-70,000
2001-77921
2002-79784
2003-62912
2004-43,582
2005-6133-1350
2006-79,782- 22,298
2007-85112 - 24,573
I have downloaded the MS Access data(from Flatdatacenter..) and wrote queries :
I could get labor cases filed for INDIANS only for years 2007,2006,2005. For other years the data is not available.
Folloing are the details:
YEAR-TOTAL Cases Certified - INDIA count
-------------------------------------------
2000-70,000
2001-77921
2002-79784
2003-62912
2004-43,582
2005-6133-1350
2006-79,782- 22,298
2007-85112 - 24,573
alterego
07-18 05:30 PM
Looking at these figures and trying to read the tea leaves for the upcoming year is what this thread is really about. A noble if useless pursuit.
There are some visas left for this year and most will go to EB2 India and China.
The USCIS has decided to give EB2I better attention that it has got for the last year or two. About time to be honest.
However that attention will not be at the expense of EB3I. If anything it will be EB3ROW that may feel some impact. EB3ROW is oversubscribed too. Clearly not as bad as EB3I but oversubscribed nevertheless, the VB in Oct. will reflect this. If any EB3ROW feel aggrieved by all this, he/she is free to jump above EB2I in the pecking order by merely stepping up to EB2ROW. Fair is fair and Eb2I should accept that.
EB1 and EB2ROW are the real red herring in all this. Those numbers have fluctuated quite wildly in the last 5-6 yrs as one can see from the charts in this thread. The number of applicants in those categories more than anything else will be the determining factor in the progress of Eb2I in the upcoming year. Given the slowing economy, the free access EB1 and Eb2ROW have had of late and the slowdown of 140 processing etc. I think that EB2I movement prospects look fair, but not bankable given the above issues. However the number of EB2 approvals seem set to be higher next year than for the last 2-3 yrs.
There are some visas left for this year and most will go to EB2 India and China.
The USCIS has decided to give EB2I better attention that it has got for the last year or two. About time to be honest.
However that attention will not be at the expense of EB3I. If anything it will be EB3ROW that may feel some impact. EB3ROW is oversubscribed too. Clearly not as bad as EB3I but oversubscribed nevertheless, the VB in Oct. will reflect this. If any EB3ROW feel aggrieved by all this, he/she is free to jump above EB2I in the pecking order by merely stepping up to EB2ROW. Fair is fair and Eb2I should accept that.
EB1 and EB2ROW are the real red herring in all this. Those numbers have fluctuated quite wildly in the last 5-6 yrs as one can see from the charts in this thread. The number of applicants in those categories more than anything else will be the determining factor in the progress of Eb2I in the upcoming year. Given the slowing economy, the free access EB1 and Eb2ROW have had of late and the slowdown of 140 processing etc. I think that EB2I movement prospects look fair, but not bankable given the above issues. However the number of EB2 approvals seem set to be higher next year than for the last 2-3 yrs.
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