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  • RNGC
    04-08 09:38 PM
    As per INA 202, many of you know that for employment based immigration, the limit is 7% of 140k per country, if there are unused visas from family based or from previous years, USCIS should try to use them, which is not happenning....

    see a detailed notes on INA 202 here...
    http://boards.immigrationportal.com/showthread.php?t=240387
    (search for gclong1)

    I am trying to understand why the 7% was set ? When the law was signed. Things have drastically changed, more skilled people are coming to US from India, shouldn't the law be changed ? I think we should start pushing for more employment based visas, double it to 300k. The 7% formula has to be revisited.

    Is 7% per country is fair ?
    ------------------------
    Legal Immigrant Source Source:
    http://www.dhs.gov/xlibrary/assets/statistics/yearbook/2006/table03d.xls

    (More reports here...(http://www.dhs.gov/ximgtn/statistics/publications/LPR06.shtm)

    Population Source:
    http://en.wikipedia.org/wiki/List_of_countries_by_population


    Cuba: ( BTW, Cuba is just taken as a example just to explain the math)
    Total Population = 11,000,000 (11 Million)
    Total Population Percent = 0.17 %
    Legal Immigrants from Cuba to USA in 2006 = 45,614
    Percent of Legal Immigrants from Cuba to USA compared with their population in 2006 = 0.4146 %
    [(45614.0/11000000.0)*100.0 = 0.4146]

    India:
    Total Population = 1,131,264,000 (1.1 Billion)
    Total Population Percent = 17 %
    Legal Immigrants from India to USA in 2006= 61,369
    Percent of Legal Immigrants from India to USA compared with their population in 2006 = 0.0054
    [(61369.0/1131264000)*100.0 = 0.0054]

    Cuba has a 0.4146 Legal Immigrants in US per 100 of their population
    India has 0.0054 Legal Immigrants in US per 100 of their population

    What is the difference in percent ?
    (0.4146 - 0.0054)*100.0 = 40.92 % difference!!!!

    India constitute 17% of world population, Cuba constitute .17 % of world population, so if we go by a country's population in deciding the % of EB visas it gets...
    (17.0/100.0) * 140000.0 = 23,800 EB visas ?
    (0.17/100.0) * 140000.0 = 238 EB visas ?

    Soon, USA will be Chindia!

    I am not arguing that we should follow the above formula either, just like how India and Cuba both have 7% limit, which does not make sense, the above math also does not make sense....

    My argument is 7% per country limit for all countries, for a small country with 1 Million population and a big country with 1 B population does not make sense.

    So, two issues need to dealt with for long term solution.
    1. 140k EB visas to be increased to 300k
    2. 7% per country needs to be changed (not sure what should be the criteria)





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  • dealsnet
    08-05 11:17 AM
    I did spend EAD renewal for me and wife. Within 1 week our GC is approved. I think because of this application, they took my file out and approved. So I didn't regret the amount spend for this. I have received EAD denial letter after 3 weeks. So this is our last amount for USCIS. Many people with older priority date still in their shelf. Think about it and be happy.

    I've applied for EAD/AP renewal for both myself and my wife. I spent $1,290 for this.

    Say I got my GC approved and then I call USCIS and withdraw my pending EAD/AP application. Will I get a refund for pending EAD/AP application, if I get my GC approved before EAD/AP approval?

    Thanks,

    India EB2; PD - Nov 05
    I-140 - Filed Mar '06; Approved Jun '06
    I-485 - Reached NSC July 26'07;





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  • nk2
    08-04 12:17 PM
    My EB3 140 is pending from August 2007





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  • LostInGCProcess
    11-10 11:40 PM
    Thanks again for the reply and wishes!!

    Also sorry for another question as I forgot to mention this earlier.

    My new H1B has more than 6 months of validity period.

    One thing which I forgot to mention earlier is that when new Employer "B" did the H1B transfer (June 2007) from Employer "A" - the I-797 receipt # of Employer "B" came out of to be different from I-797 receipt # of Employer "A"?
    Shouldn't the I-797 receipt #'s for Employer "A" and Employer "B" should be SAME as it's just an H1B transfer???

    Employer "A" I-797 receipt #:
    EAC - XXX-XXXX
    I-797 valid : 0ct' 2009

    Employer "B" I-797 receipt #:
    WAC - XXX-XXXX
    I-797 valid: June' 2010

    As I-797 receipt # gets printed on the H1B visa in the Passport, does having a different I-797 receipt # (of Employer "B") affects anything at port of entry?

    Appreciate your help!

    Of course the receipt number would be different, because each H1 application is treated as a new application, regardless of whether its a transfer or new. So, they are identified uniquely.

    As I-797 receipt # gets printed on the H1B visa in the Passport, does having a different I-797 receipt # (of Employer "B") affects anything at port of entry?
    No, at port of entry, you show the new H1 and you get the new I-94 with an expiry date that's on the H1...which would be June 2010. Remember, The I-94 (Arrival-Departure Record) shows the date you arrived in the United States and the “Admitted Until” date—that is the day your authorized period of stay expires, usually its the expiry date what's on your H1.

    So, even though your visa may expire after some time, you are legal to stay till the date mentioned on the I-94. I hope its clear to you.

    Good Luck!!!



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  • singhsa3
    10-22 01:00 PM
    Some one gave me negative feedback on this thread.
    To that person, why not you come out in open and discuss your problem.





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  • Jimi_Hendrix
    06-30 05:32 PM
    Jealous people v/s Non Jealous people => Shady v/s Non Shady business? :cool:



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  • chaukas
    08-28 11:39 AM
    I hope this helps.





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  • yabadaba
    09-26 05:21 PM
    Hello,

    I am in serious trouble. Sometime ago I tried to switch my I-140 from EB3 to EB2. Now I get NOID to deny 140. Something related to prevailing wage (lawyer has actual letter). In my LC the offered wage was OK for EB3 but low for EB2. Lawyer says he'll try to reinstate EB3, but not sure. Has any one of you been able to reinstate EB3 140? Please help...


    this is good stuff. hopefully they have more of these noids so that people can stop this insanity with switching categories, priority dates, labor substitution and exploiting the system.



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  • valatharv
    07-16 01:28 PM
    Thank you so much for support...

    It has been 11 months since they have received response to RFE, I am planning to take info-pass at Boston office next week and would try to contact senator.
    I have heard that it helps.





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  • BharatPremi
    03-11 02:17 PM
    Person "A" on H1B with 4 yrs of experience, Green Card filed, EAD received (both husband and wife), I-140 pending, Wife Dependant (has her own H1B), Wife opens a training institute.

    1. Can "A" work for his wife and also get paid in check?
    2. Can "A" have a second job in his wife's company and retain his original job?
    3. Can "A" have a different occupation anywhere else on EAD not related to his original job role? and then can "A" get paid in check?
    4. Can "A" work for his wife's company and instead wife gets the check or paid? Is that legal?
    5. Can "A"'s wife open a company on EAD and also keep working on her H1B?
    6. Can "A" and his wife after EAD work for 2 different jobs if the job description/roles are different?
    7. Can "A" work as volunteer in his wife's company?
    8. Can a software analyst working with a software company work as a trainer in a training institute on EAD with I-140 either pending or approved?

    You are not DESI... How dare you to think about working for wife...Thst's not in true DESI's blood.. Wife should work for you:p:)



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  • sargon
    01-26 12:32 PM
    I am glad that the Admins have deleted it. It really was a stupid question about a specific race...

    u are a rasam drinking gulty, right?
    :eek:

    check your facts again. racism is considered sexy these days ;)





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  • IneedAllGreen
    06-28 02:47 PM
    Apreciated your quick response.

    Use your PERM labor one - thats the safest, I have used that - Attorney signed off saying that is right



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  • vaishnavilakshmi
    10-15 02:01 PM
    I had LUDs on 10/05/2007, 10/07/2007, 10/09/2007 on my I-485 application after my FP appointment. I do not know what it means though.

    Hi,

    Probably ur 485 is going be approved soon!We had only one soft LUD after fp in our 485s on 7th sep 2007,and no luds on i-140 and i-131 till date??

    goodluck,
    vaishu





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  • lvaka
    07-17 06:51 PM
    Thanks a lot IV Core. I am sure this is a very small contribution for the cause. Just to start with here is my $100 one time contribution.

    Order Details - Jul 17, 2007 7:16 PM EDT
    Google Order #663744711461021



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  • GC_Applicant
    08-11 11:16 AM
    May I know what is the objective of this poll and how can its outcome help us?





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  • prinive
    03-28 08:35 PM
    Any one else ....:o



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  • laksmi
    12-19 11:35 PM
    It should not take more then 3 months from date of SSN Requested.





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  • saketh555
    08-20 03:51 PM
    Online information say Indian passport renewal takes around 10 - 15 days but it is usually done much quicker. I received my passport in less than 2 weeks(7 business days if i remember correctly) from Chicago, offcourse i mailed all documents.
    Good luck.





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  • LongJourny
    01-20 07:25 PM
    Is it ok to mention the last date of my previous employment at august 23rd. The employment letter I receive from company A states the same. Last time I got my H1 visa stamped using same information. However, this time I am going to a different consulate and not sure what could be the out come. I also have advance parole with me. If worst happens can I use advance parole?





    desi485
    03-24 02:42 PM
    Now everything is queued..... no more cutting lines.

    You are a senior member. Why are you creating useless thread? People browse IV forums for valuable and important information. People (volunteers) works extra time on limited resources to have this website up & running. I do not understand what made you start this useless thread and waste others time?:eek:





    sbdol
    07-21 09:45 PM
    Yes, it is good for people with latest priority dates. For 2006 and 207 priority dates people, I recommend paying the new fees, it would benefit them on a long run.

    You are saying as if one has a choice.
    If you file before August 17 then you have to pay the old fee. If you apply after August 17... actually people with the 2006-07 priority dates may not have this opportunity in the foreseeable future unless legislature bodies do something about the retrogression.



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