kshitijnt
05-02 01:10 AM
Here are details of my interview:
VO: what do you do?
I: Software engineer.
VO: How many employees in your company?
I: 20-25
VO: I see your english is not good. How will you be able to do your job?
I: You are the first person to tell me in last 4 years that I cant do my job due to poor english.
[At this point I was ticked off]
VO: How long did you work for last employer?
I: 18 months
VO: How many employees in previous company?
I: 150
VO: How many Indians?
I: I dont know. Ask the employer.
VO: Is this company owned by Indians?
I: I dont ask my boss his citizenship status.
VO: Have you worked with them before?
I: Yes, I am here just to revalidate my visa.
VO: Why you are working for a small company?
I: My preference.
VO: How much salary do you earn?
I: XYZ USD per annum.
VO: Thank you very much sir, your visa is approved.
Didnt bother to thank her, just turned my back and walked away. Visa came by mail.
VO: what do you do?
I: Software engineer.
VO: How many employees in your company?
I: 20-25
VO: I see your english is not good. How will you be able to do your job?
I: You are the first person to tell me in last 4 years that I cant do my job due to poor english.
[At this point I was ticked off]
VO: How long did you work for last employer?
I: 18 months
VO: How many employees in previous company?
I: 150
VO: How many Indians?
I: I dont know. Ask the employer.
VO: Is this company owned by Indians?
I: I dont ask my boss his citizenship status.
VO: Have you worked with them before?
I: Yes, I am here just to revalidate my visa.
VO: Why you are working for a small company?
I: My preference.
VO: How much salary do you earn?
I: XYZ USD per annum.
VO: Thank you very much sir, your visa is approved.
Didnt bother to thank her, just turned my back and walked away. Visa came by mail.
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LC2002
09-21 02:12 PM
Recieved FP notice for concurrent filing on 07/23/07 although no reciept notice yet.
nk2006
02-13 03:27 PM
I almost missed this drive. Thanks for the reminder.
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jonty_11
11-30 04:11 PM
Well you might be the lucky few, but Discover mostly reject non PR folks. I know 4 guys..including me. But we cannot prove as they never give you a reason. Go figure.
more...
file485
12-29 08:00 PM
thanks perm for the reply..
will they look into IRS records for tax returns etc..? or am I thinking too much..?
ever heard of such things before..?
will they look into IRS records for tax returns etc..? or am I thinking too much..?
ever heard of such things before..?
qvadis
12-29 12:14 AM
Being on the other side (EB3-ROW) I read the law a bit differently ;-)
In short:
- INA 202 (a) (2) establishes a 7% country limit for both FB and EB categories together and per fiscal year.
- INA 202 (a) (3) allows to make unused visas available per quarter in excess to the 7% country limit.
- INA 202 (e) specifies that any visas in excess to 7% must be distributed equally to FB and EB, and each sub-categories.
- INA 202 (a) (5) gives preference to EB (over FB) and determines the allottment for additional visas with preference to EB1 over EB2, etc.
INA 202 (a) (5)
If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
I guess the question here is, what does "visas available" in conjunction with INA 203(b) mean.
INA 203 (b) (3) (EB3)
[...] Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2) [...]
The way I read it all this is that the rules in INA 203 (b) (1)...(5) should be applied first before INA 202 (a) (5), ie. additional visas are only available if EB-3 ROW is current.
So, the allottment should work as follows:
Any unused visas in EB-1 (with regards to 7% country limit) will spill over to EB-2, and unused visas from EB-2 to EB-3, etc. If there are still unused visas, they will be used for countries that are subject to the 7% limit, first in EB-1, then EB-2, etc.
Even before AC21 rule enacted in 2000, there was no �hard� country cap as per INA then. [...]
INA 202 (a) (3)
Therefore, the 7% country cap had always been �soft� till year 2000.
(*Note: DOS do not mix FB and EB categories for visa number allocation/calculation to meet the per country limit. They keep both in separate track to meet separately the 7% limit)
I would disagree with the premise in your note. You could also read it that the 7% applies to the sum of both FB and EB categories: "[T]he total number of immigrant visas [...] under subsections (a) and (b) [...] may not exceed 7 percent [...] of the total number of such visas made available under such subsections [...].�
Subsection (e) actually seems to suggest that any additional visas have to be allotted proportional to FB and EB categories:
[I]INA 202 (e)
If it is determined that the total number of immigrant visas [...] will exceed the numerical limitation [...] visa numbers with respect to natives of that state or area shall be allocated (to the extent practicable and otherwise consistent with this section and section 203) in a manner so that -
(1)
the ratio of the visa numbers made available under section 203(a) to the visa numbers made available under section 203(b) is equal to the ratio of the worldwide level of immigration under section 201(c) to such level under section 201 (d);
After year 2000, AC21 has completely removed country cap in each employment category, if excess visas are available in each preference categories.
I guess the important phrase in the law is IF ADDITIONAL VISAS AVAILABLE. You seem to interpret 203 (b) as only up to 28.5% are available without the ones spilled over from higher categories.
In short:
- INA 202 (a) (2) establishes a 7% country limit for both FB and EB categories together and per fiscal year.
- INA 202 (a) (3) allows to make unused visas available per quarter in excess to the 7% country limit.
- INA 202 (e) specifies that any visas in excess to 7% must be distributed equally to FB and EB, and each sub-categories.
- INA 202 (a) (5) gives preference to EB (over FB) and determines the allottment for additional visas with preference to EB1 over EB2, etc.
INA 202 (a) (5)
If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
I guess the question here is, what does "visas available" in conjunction with INA 203(b) mean.
INA 203 (b) (3) (EB3)
[...] Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2) [...]
The way I read it all this is that the rules in INA 203 (b) (1)...(5) should be applied first before INA 202 (a) (5), ie. additional visas are only available if EB-3 ROW is current.
So, the allottment should work as follows:
Any unused visas in EB-1 (with regards to 7% country limit) will spill over to EB-2, and unused visas from EB-2 to EB-3, etc. If there are still unused visas, they will be used for countries that are subject to the 7% limit, first in EB-1, then EB-2, etc.
Even before AC21 rule enacted in 2000, there was no �hard� country cap as per INA then. [...]
INA 202 (a) (3)
Therefore, the 7% country cap had always been �soft� till year 2000.
(*Note: DOS do not mix FB and EB categories for visa number allocation/calculation to meet the per country limit. They keep both in separate track to meet separately the 7% limit)
I would disagree with the premise in your note. You could also read it that the 7% applies to the sum of both FB and EB categories: "[T]he total number of immigrant visas [...] under subsections (a) and (b) [...] may not exceed 7 percent [...] of the total number of such visas made available under such subsections [...].�
Subsection (e) actually seems to suggest that any additional visas have to be allotted proportional to FB and EB categories:
[I]INA 202 (e)
If it is determined that the total number of immigrant visas [...] will exceed the numerical limitation [...] visa numbers with respect to natives of that state or area shall be allocated (to the extent practicable and otherwise consistent with this section and section 203) in a manner so that -
(1)
the ratio of the visa numbers made available under section 203(a) to the visa numbers made available under section 203(b) is equal to the ratio of the worldwide level of immigration under section 201(c) to such level under section 201 (d);
After year 2000, AC21 has completely removed country cap in each employment category, if excess visas are available in each preference categories.
I guess the important phrase in the law is IF ADDITIONAL VISAS AVAILABLE. You seem to interpret 203 (b) as only up to 28.5% are available without the ones spilled over from higher categories.
more...
amitjoey
01-31 12:55 PM
Guys - why is the Hike in immigration fees conciding with strong opposition to funding of the Iraq War.....These funds may well go to Iraq....as Bush is not able to garner support for additional funding from congress.
I do not think they can use it for IRAQ. But in the past, when INS was one Department, they have used it for border control and all for deporting illegals and all other such activities.
I do not think they can use it for IRAQ. But in the past, when INS was one Department, they have used it for border control and all for deporting illegals and all other such activities.
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asdfred
04-14 03:03 PM
what is that single document that will define legal status of a person?
visa stamp is what ppl presume..is indicative of status..we all know that it is not.
I 94..to some extent unless you changed status to H1 from F1 and did not go for H1 stamping..then you have to show the I 797 approval form..now..where will this madness stop
now how can a cop understand and verify all of this crap..and anyway..they give out licenses to only legal residents.
visa stamp is what ppl presume..is indicative of status..we all know that it is not.
I 94..to some extent unless you changed status to H1 from F1 and did not go for H1 stamping..then you have to show the I 797 approval form..now..where will this madness stop
now how can a cop understand and verify all of this crap..and anyway..they give out licenses to only legal residents.
more...
Green.Tech
06-27 01:58 PM
Does anyone know if polaroids are ok?
Otherwise, I have photos that I printed at Walmart (clicked using my digital camera) but those were a little dark and I enchanced the brightness. Don't know if those are valid or not?
Otherwise, I have photos that I printed at Walmart (clicked using my digital camera) but those were a little dark and I enchanced the brightness. Don't know if those are valid or not?
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yabadaba
07-06 03:08 PM
they have daily podcasts of the news... we can watch it on those
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crystal
07-08 01:24 PM
Gnadhigiri on http://www.immigration-law.com/
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go_guy123
03-11 11:50 PM
Who said I am working on percentage basis ? Where did you read that ?
I never said you are working on %age basis. I know many H1Bs work on %age basis like independent contractors. This leads to benching and USCIS is trying to crack down on
that. If one is working on fixed basis and getting paid on bench as well, then for them there wont be major problem. But of course collateral damage will be there during the
crackdown process.
I never said you are working on %age basis. I know many H1Bs work on %age basis like independent contractors. This leads to benching and USCIS is trying to crack down on
that. If one is working on fixed basis and getting paid on bench as well, then for them there wont be major problem. But of course collateral damage will be there during the
crackdown process.
more...
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leoindiano
07-27 08:01 PM
E-filed on July 1st. Got Receipts, NO FP notice yet.
Guys, if your EAD approved, please put in your PD here.
Guys, if your EAD approved, please put in your PD here.
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amsgc
08-06 10:04 PM
If you read the comments, this guy's application reached the USCIS on July 27.
http://www..com/member/anshu2007/
http://www..com/member/anshu2007/
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gcformeornot
08-10 12:37 PM
Yes, I did use LS.
But my motive was not to jump the line as I told my company attorney to purposefully find an LC from this year or last year. And since it was a multibillion dollar company with some xx thousand employees. They were able to find one.
Not everyone's motives is to jump the line. I did this because I didnt want to wait another 10 years to apply for I 485.
And on the top, dont even think that all who did LS were able to jump the line. LS involves lot of scrutiny and it was always safer to use one's own labor.
Its so funny that some people think that people who cannot prove themselves for what ever reasons (education etc) with their own labor use LS. hehehe. This is even more riskier.
And it was always legal to do it. And may be many people and employers misused it. Shout at those people.
As for me, my labor was going nowhere and the company with which I worked for the past few years found an LS for me which was from last year PD and I do not regret doing it.
And I bet, people who had an opportunity like me would do it.
And also, THE THREAD WAS NOT OPENED WITH A TITLE "WHAT IS YOUR OPINION ABOUT LS, SHOULD IT BE BANNED". There were a number of threads on this forum where you can show these kinds of opinions. This thread was opened for a different purpose.
And moveover LS is banned now. So dont waste your energyy but use it for some good causes IV is planning for.
jump line by one year Right? If you own labor wasn't going anywhere why not apply for new one since your multibillion dollar company looks ready to do anything for you?
But my motive was not to jump the line as I told my company attorney to purposefully find an LC from this year or last year. And since it was a multibillion dollar company with some xx thousand employees. They were able to find one.
Not everyone's motives is to jump the line. I did this because I didnt want to wait another 10 years to apply for I 485.
And on the top, dont even think that all who did LS were able to jump the line. LS involves lot of scrutiny and it was always safer to use one's own labor.
Its so funny that some people think that people who cannot prove themselves for what ever reasons (education etc) with their own labor use LS. hehehe. This is even more riskier.
And it was always legal to do it. And may be many people and employers misused it. Shout at those people.
As for me, my labor was going nowhere and the company with which I worked for the past few years found an LS for me which was from last year PD and I do not regret doing it.
And I bet, people who had an opportunity like me would do it.
And also, THE THREAD WAS NOT OPENED WITH A TITLE "WHAT IS YOUR OPINION ABOUT LS, SHOULD IT BE BANNED". There were a number of threads on this forum where you can show these kinds of opinions. This thread was opened for a different purpose.
And moveover LS is banned now. So dont waste your energyy but use it for some good causes IV is planning for.
jump line by one year Right? If you own labor wasn't going anywhere why not apply for new one since your multibillion dollar company looks ready to do anything for you?
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McLuvin
03-04 10:59 AM
EB3 Movement - Any Hopes?
Any Hopes.... My PD is March 2003.... Something should happen.... I know that a movement of 18 months is something i cannot ask for... but again if there is some light at the end of the tunner..... :D
Any Hopes.... My PD is March 2003.... Something should happen.... I know that a movement of 18 months is something i cannot ask for... but again if there is some light at the end of the tunner..... :D
more...
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Naveen
05-19 10:00 AM
Lets take one step at a time. We have a similar bill introduced in the house.
H.R. 1791:
111th Congress
To amend the Immigration and Nationality Act to authorize certain aliens who have earned a Ph.D. degree from a United States institution of higher education in a field of science, technology, engineering, or mathematics to be admitted for permanent residence and to be exempted from the numerical limitations on H-1B nonimmigrants.
I know this bill will not benefit most of us directly but we should push for this to be passed which will help free up the quota or may be add an amendment to include graduates too.
H.R. 1791:
111th Congress
To amend the Immigration and Nationality Act to authorize certain aliens who have earned a Ph.D. degree from a United States institution of higher education in a field of science, technology, engineering, or mathematics to be admitted for permanent residence and to be exempted from the numerical limitations on H-1B nonimmigrants.
I know this bill will not benefit most of us directly but we should push for this to be passed which will help free up the quota or may be add an amendment to include graduates too.
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Michael chertoff
10-26 04:11 PM
Another news making. Advice to all of Youngster Indians and Indians here by the India's outsourcing chop shop IT messihah Infosys Chief.
Don't look at IT industry as means to settle abroad: Narayana Murthy - The Economic Times (http://economictimes.indiatimes.com/tech/ites/Dont-look-at-IT-industry-as-means-to-settle-abroad-Murthy/articleshow/6815589.cms)
Mr. Sakthisagar, You are correct. we need people like you. you are so concerned about INDIA. please let me know How can I help.
BTW only Narendra Modi can solve this issue too.
MC
Don't look at IT industry as means to settle abroad: Narayana Murthy - The Economic Times (http://economictimes.indiatimes.com/tech/ites/Dont-look-at-IT-industry-as-means-to-settle-abroad-Murthy/articleshow/6815589.cms)
Mr. Sakthisagar, You are correct. we need people like you. you are so concerned about INDIA. please let me know How can I help.
BTW only Narendra Modi can solve this issue too.
MC
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Munna Bhai
04-13 08:36 AM
May visa bulletin will be here today(most prob.)..they r doing the 'cut and paste" of last bulletin right now..:D
any comments on new bulletin?
Today is friday and 13th, anything can happen. Let's wait for miracle...
any comments on new bulletin?
Today is friday and 13th, anything can happen. Let's wait for miracle...
rockstart
02-23 03:10 PM
you can also show joint tax filed as additional proof. Her H4 stamping etc can be a proof too
saimrathi
07-07 10:30 PM
Great job.. This is exactly what we need.. National coverage on this issue..
http://www.youtube.com/v/RVhgb6yoc8w
http://www.youtube.com/v/RVhgb6yoc8w
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