brb2
06-21 04:52 PM
Labor substitution in my opinion is less that 1% of cases for some one jumping the line. The main problem is lack of visa numbers and processing delays. We are discussing a topic which will have little affect if any on our own GC process. It is a drop in the ocean to say the least.
I support its elimination because of the fraud that takes place. In the past I have got a pm on another immigration web site asking if I knew anyone who could "sell" them an approved labor!
I support its elimination because of the fraud that takes place. In the past I have got a pm on another immigration web site asking if I knew anyone who could "sell" them an approved labor!
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InTheMoment
07-15 10:04 PM
vdlrao,
True Eb2 will move and would not retrogress taking the new FY as a whole..but it becoming current by next Oct is a bit far fetched.
Remember in the first quarter of FY07 EB2 was U with all 01, 02, 03, and Jan-Mar 04 (mostly 03 as 01 and 02 were current for long and didn't have many in the labor backlog centers) used all the numbers. With several EB2's issued during the fiasco + 1st and 3rd quarter and into the 4th quarter, we are now slowly seeing everything till Mar 04 cleared up. It took almost a year to have 03 cleared up.
And you guess is 04-08 would get cleared in another year :p hard to believe!
I presume EB2 India will be current by next October. Till now for EB2 India there are only 7% of 140K visas. Due to the new change of horizontal fall outs EB2 India exclusively getting about 50k visas, very little share to china. So this change making an availability of additional 50k visas to EB2 India along with regular 9.8k. So total About 60K visas for EB2 India. This includes unused Family Visa Numbers as well.
And due to the change to Horizontal Fall out of Visa Numbers from Vertical Fall outs, Its not the India which loses but its EB3 ROW.
True Eb2 will move and would not retrogress taking the new FY as a whole..but it becoming current by next Oct is a bit far fetched.
Remember in the first quarter of FY07 EB2 was U with all 01, 02, 03, and Jan-Mar 04 (mostly 03 as 01 and 02 were current for long and didn't have many in the labor backlog centers) used all the numbers. With several EB2's issued during the fiasco + 1st and 3rd quarter and into the 4th quarter, we are now slowly seeing everything till Mar 04 cleared up. It took almost a year to have 03 cleared up.
And you guess is 04-08 would get cleared in another year :p hard to believe!
I presume EB2 India will be current by next October. Till now for EB2 India there are only 7% of 140K visas. Due to the new change of horizontal fall outs EB2 India exclusively getting about 50k visas, very little share to china. So this change making an availability of additional 50k visas to EB2 India along with regular 9.8k. So total About 60K visas for EB2 India. This includes unused Family Visa Numbers as well.
And due to the change to Horizontal Fall out of Visa Numbers from Vertical Fall outs, Its not the India which loses but its EB3 ROW.
chanduv23
09-26 01:47 PM
US economy situation is alarming. I doubt they will consider any immigration related bill until financial crisis stablises.2009 will be the key.Economy has to stablise. If not anti immigrants will block any bill citing the economy as the reason. If unemployment increases every month then any immigration reform is distance possiblity.Illegal immigrants are is getting publicity every year by rally for past 4 years but nothing happened. Pro immigrants are trying to block E-verify and some other anti immigration reforms. Anti immigrants are trying to block pro immigrant reforms. So any immigration reforms will be stalled until some compromise reached by moderates
How are you my friend, it has been a while since I seen you. Have you sent your emails yet?
How are you my friend, it has been a while since I seen you. Have you sent your emails yet?
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gc28262
01-18 12:12 PM
A genuine mistake can be corrected using nunc-pro-tunc method. I used to work for a big Indian IT major and they forgot to file my wife's H4 and when I moved to a big 4 firm..they filed nunc-pro-tunc. According to you definition, if any company makes a mistake, we are illegal. LOL.
Isn't that the point what all anti-consulting folks are making here ? They want all existing laws (plus all laws they themselves created to satisfy their sadistic self) to be strictly followed. If that is the case snram4's relative should have been deported.
What many do not understand is H1B laws are insane and irrational. Many from our country doesn't have the guts to fight crazy laws. All they are good at is screwing their own fellow country men out of jealousy or selfishness.
Do all these folks follow law judiciously in their life ? I don't think so. Some of the folks here acting like bhagat singh came to this stage of life climbing over loads of corruption.
Isn't that the point what all anti-consulting folks are making here ? They want all existing laws (plus all laws they themselves created to satisfy their sadistic self) to be strictly followed. If that is the case snram4's relative should have been deported.
What many do not understand is H1B laws are insane and irrational. Many from our country doesn't have the guts to fight crazy laws. All they are good at is screwing their own fellow country men out of jealousy or selfishness.
Do all these folks follow law judiciously in their life ? I don't think so. Some of the folks here acting like bhagat singh came to this stage of life climbing over loads of corruption.
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Macaca
02-19 10:42 AM
The following is from CNBC discussion on Friday.
Richard Dekaser, Chief Economist of National City and Stuart Anderson from National Foundation for American Policy were interviewed.
The topic was, is there really a "Skill Shortage or Pay Shortage".
But Richard also said that US Immigration policy needs to be reexamined as it is more oriented towards family reunification which holds them people with less skills. 20-30 yrs ago we had criteria that reqd immigrants to meet a certain educational threshold. And as we are seeing increased need for talent in this country, we need to re-examine that aspect of immi policy and untill then we are gonna see this problem continue."
Richard Dekaser, Chief Economist of National City and Stuart Anderson from National Foundation for American Policy were interviewed.
The topic was, is there really a "Skill Shortage or Pay Shortage".
But Richard also said that US Immigration policy needs to be reexamined as it is more oriented towards family reunification which holds them people with less skills. 20-30 yrs ago we had criteria that reqd immigrants to meet a certain educational threshold. And as we are seeing increased need for talent in this country, we need to re-examine that aspect of immi policy and untill then we are gonna see this problem continue."
ocpmachine
09-17 11:21 AM
When it took about 2 years spill over visas (2008 and 2009) for the EB2 India dates to move from April 2004 to Jan 2005, I am sure you could estimate how long it would take to cross a year.
This is not entirely true, the spillovers in 2008 was given to PD's till mid 2006 and cases with FBI namecheck pending(PD's 2003/4/5) were not approved, so 2008 spillovers did not go fully to 2003/4/5 PD cases. However, in 2009 the spill overs go entirely to 2004 cases as FBI cleared name checks and due to pre-adjudication.
So my take is it took part of 2008 spillovers + entire 2009 spillover numbers just to clear 2004 backlog, unless we have pre-perm Jan-Mar05 numbers we really cant logically predict the EB2 movement.
Edit: oops, i see sachug22 already posted a similar reply, sorry for the duplicate post.
This is not entirely true, the spillovers in 2008 was given to PD's till mid 2006 and cases with FBI namecheck pending(PD's 2003/4/5) were not approved, so 2008 spillovers did not go fully to 2003/4/5 PD cases. However, in 2009 the spill overs go entirely to 2004 cases as FBI cleared name checks and due to pre-adjudication.
So my take is it took part of 2008 spillovers + entire 2009 spillover numbers just to clear 2004 backlog, unless we have pre-perm Jan-Mar05 numbers we really cant logically predict the EB2 movement.
Edit: oops, i see sachug22 already posted a similar reply, sorry for the duplicate post.
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snathan
01-13 06:10 PM
Will there be a problem at time of 485 adjudication? Like, if USCIS investigates whether there was valid employer-employee relationship through out H1 period..even though this memo is released only now.
GC is for future employment....this memo is only for H1B. Otherwise you can sue them.
GC is for future employment....this memo is only for H1B. Otherwise you can sue them.
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TeddyKoochu
01-15 03:01 PM
I thought the same way as you did too. I am no fan of these job shop companies but remember some one will pay the price and face hardships I hope its just those companies not the employees. But the way things are if this gets effective employees can also get into a limbo - which I dont like - like say someone has gone for visa stamping and that gets denied or worst his/her family is still in the US - or something like that. Its true that the employee should try and look for a new job opportunity meeting new regulations but its not easy as it sounds.
More important point to consider is that new rules/regulations the way I understand it were suddenly implemented mid-stream - you cant do that. What if in after some time they apply same regulations to say people on EAD and using AC21 (i am still not clear whether it already applies to EAD we will have to wait for legal experts to comment) ? Or worse yet they come up with new regulations for people who already have their GC's approved ?
cinqsit
In Para 1, I think you have answered your own dilemma. With due respect and regard to all nobody is a fan of consulting companies except for maybe themselves, but many good and well qualified people work for them for various reasons as some of the posters have summarized most important one being the Green card. The current memo is almost like a notice to gradually shut shop for them, it impacts not only the company but the employee and his / her family. If somebody has to return because of a re-definition of "Employer/Employee" then it�s a really bad thing to happen, in this case the ship will sink with all on board.
In Para 2, I believe again you are right, low hanging fruits and easy soft targets are the first to be picked up. I think more enforcement would follow, I think it started with issuing RFE's for end client letters(This is a mandatory requirement now for consulting companies). You are correct in saying that the target audience might be the next level!
The entire memo is disastrous for the entire immigrant community waiting for GC. Worst of are the people who have to file their extensions soon or have to travel.
More important point to consider is that new rules/regulations the way I understand it were suddenly implemented mid-stream - you cant do that. What if in after some time they apply same regulations to say people on EAD and using AC21 (i am still not clear whether it already applies to EAD we will have to wait for legal experts to comment) ? Or worse yet they come up with new regulations for people who already have their GC's approved ?
cinqsit
In Para 1, I think you have answered your own dilemma. With due respect and regard to all nobody is a fan of consulting companies except for maybe themselves, but many good and well qualified people work for them for various reasons as some of the posters have summarized most important one being the Green card. The current memo is almost like a notice to gradually shut shop for them, it impacts not only the company but the employee and his / her family. If somebody has to return because of a re-definition of "Employer/Employee" then it�s a really bad thing to happen, in this case the ship will sink with all on board.
In Para 2, I believe again you are right, low hanging fruits and easy soft targets are the first to be picked up. I think more enforcement would follow, I think it started with issuing RFE's for end client letters(This is a mandatory requirement now for consulting companies). You are correct in saying that the target audience might be the next level!
The entire memo is disastrous for the entire immigrant community waiting for GC. Worst of are the people who have to file their extensions soon or have to travel.
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BharatPremi
09-25 06:05 PM
Pre-adjudication means that this particular case can be approved because everything else (Biometrics, Name-checks and all other checks/documentation) is in place - but a Visa Number is not available to approve case and issue GC
Earlier, USCIS wouldnt even touch a file and complete checks if the PD wasnt current. Now they pre-adjudicate - meaning they look at the case and determine if the case can be approved if the PD were current.....
Assigning a Visa Number is basically same as giving GC...once a visa number is assigned, all they have to do is order the production of the physical card...which happens in a few days and in another couple of weeks you actually get the card
Agree..about the clear definition of Pre-adjudication. But main question was about the accurate count of "Real pending" 485 which equals to "other pending" + "preadjudicated" + "awaiting cutomer response" + "new receipt" when you refer to USCIS's trend/volume charts.
While the other worksheet in the thread seems to be depicting the closet values to "other pending" of a trnd chart so that worksheet can not be considered authentic for a total count of "real pending" 485 cases.
Earlier, USCIS wouldnt even touch a file and complete checks if the PD wasnt current. Now they pre-adjudicate - meaning they look at the case and determine if the case can be approved if the PD were current.....
Assigning a Visa Number is basically same as giving GC...once a visa number is assigned, all they have to do is order the production of the physical card...which happens in a few days and in another couple of weeks you actually get the card
Agree..about the clear definition of Pre-adjudication. But main question was about the accurate count of "Real pending" 485 which equals to "other pending" + "preadjudicated" + "awaiting cutomer response" + "new receipt" when you refer to USCIS's trend/volume charts.
While the other worksheet in the thread seems to be depicting the closet values to "other pending" of a trnd chart so that worksheet can not be considered authentic for a total count of "real pending" 485 cases.
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okuzmin
05-09 04:37 PM
pmat, a word of caution and experience on FBI fingerprints/background checks.
If you're submitting fingerprints for yourself and your spouse, make sure you have certified funds of $18 (I believe that's the correct amount, but I might be wrong) PER PERSON, i.e., $36 for two people. In the instructions they just say "$18 for the background check" and give you a form to list yourself and any other adults in your family. I had to call and confirm that it's $18 a person.
They have a backlog of these background checks now; in the instructions it says the process takes up to 8 weeks, while nowadays it's up to 3 months and sometimes even longer.
It might take about a year for the Canadian Consulate to process your first batch of documents. In my case, it took 11 months. Then they notified us that our interviews were waived. In the same letter they requested the following docs:
updated letters of experience from my current employer;
updated financial docs (tax returns, pay stubs, W2's, and bank funds confirmation);
updated FBI certificates.
It doesn't say anywhere in the instructions that your fingerprint cards are only good for 1 year. When I sent my "old" fingerprints (I had two sets of those made the first time we applied), FBI returned them unprocessed after 3 months and asked for the updated fingerprint cards. Then it took them another 2 months to process those.
If you're submitting fingerprints for yourself and your spouse, make sure you have certified funds of $18 (I believe that's the correct amount, but I might be wrong) PER PERSON, i.e., $36 for two people. In the instructions they just say "$18 for the background check" and give you a form to list yourself and any other adults in your family. I had to call and confirm that it's $18 a person.
They have a backlog of these background checks now; in the instructions it says the process takes up to 8 weeks, while nowadays it's up to 3 months and sometimes even longer.
It might take about a year for the Canadian Consulate to process your first batch of documents. In my case, it took 11 months. Then they notified us that our interviews were waived. In the same letter they requested the following docs:
updated letters of experience from my current employer;
updated financial docs (tax returns, pay stubs, W2's, and bank funds confirmation);
updated FBI certificates.
It doesn't say anywhere in the instructions that your fingerprint cards are only good for 1 year. When I sent my "old" fingerprints (I had two sets of those made the first time we applied), FBI returned them unprocessed after 3 months and asked for the updated fingerprint cards. Then it took them another 2 months to process those.
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a.j.2048
03-27 11:55 AM
Mayawati, Jayalalitha and Chandrababu have a good chance. I think it will be Jayalalitha.
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gcdeal
07-11 09:45 PM
I submitted my TOEFL. I think it is enough
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house Until then we have “The House Bunny,” a not-unlikable bundle of clichés that
greencard_fever
07-23 02:28 PM
See this post by Nixstor:
http://immigrationvoice.org/forum/showthread.php?p=254275#post254275
If you ignore the VB predictions in the post, the key thing to note is that USCIS and DOS are in constant touch on a weekly basis after the July 07 fiasco. They know exactly the demand and usage rates.
This leads me to one of the following two conclusions:
Either USCIS has intimated to DOS that it can process only X number of cases in the next two months and visas remaining are more than that which is why DOS pushed the dates forward so that consular posts can also maximize usage OR
The numbers remaining are very large for a variety of reasons (category and FB spill over) and USCIS has agreed to process at least a majority if not all the cases within a certain priority date - probably Jun 2006. Based on that DOS agreed to move the PD to June 2006 after also factoring in the CP usage.
Obviously the latter is better for us - but it could be the former as well.
See my asumptions in this thread what i said about USCIS and DOS are working closelly.
http://immigrationvoice.org/forum/showthread.php?p=254275#post254275
If you ignore the VB predictions in the post, the key thing to note is that USCIS and DOS are in constant touch on a weekly basis after the July 07 fiasco. They know exactly the demand and usage rates.
This leads me to one of the following two conclusions:
Either USCIS has intimated to DOS that it can process only X number of cases in the next two months and visas remaining are more than that which is why DOS pushed the dates forward so that consular posts can also maximize usage OR
The numbers remaining are very large for a variety of reasons (category and FB spill over) and USCIS has agreed to process at least a majority if not all the cases within a certain priority date - probably Jun 2006. Based on that DOS agreed to move the PD to June 2006 after also factoring in the CP usage.
Obviously the latter is better for us - but it could be the former as well.
See my asumptions in this thread what i said about USCIS and DOS are working closelly.
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ArkBird
04-02 03:30 AM
愛你的幽默感 :)
ok. I will open a thread titled "who after hu" and put a poll in it too.
In case you are wondering who is hu... (pun intended)
http://en.wikipedia.org/wiki/hu_jintao
胡锦涛
happy now?
Come on dude, don't be a 爛屄
ok. I will open a thread titled "who after hu" and put a poll in it too.
In case you are wondering who is hu... (pun intended)
http://en.wikipedia.org/wiki/hu_jintao
胡锦涛
happy now?
Come on dude, don't be a 爛屄
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GCKaMaara
05-13 09:59 AM
http://news.yahoo.com/s/ap/as_sri_lanka_civil_war
What a shame ! Yesterday only UPA Govt. issued a statement that because of their intensive efforts SL govt. has stopped bombing.
Congress/ Sonia is seeing this as personal which shouldn't have been the case.
Countries like Japan, Norway have condemned these attacks by SL govt/ sending diplomats and our UPA govt. PM says we can't do anything !
See the poor foreign policy by UPA govt. - Nepal has fallen to Maoist- backed by China, Taliban are rising as never before, LeT has become more stronger, Bangladesh soldiers are killing CRF personals on the boarder and India is home for more 2 Carores Bangladeshi now, China is disputing Arunachalam...and many more.
Agreed.
What a shame ! Yesterday only UPA Govt. issued a statement that because of their intensive efforts SL govt. has stopped bombing.
Congress/ Sonia is seeing this as personal which shouldn't have been the case.
Countries like Japan, Norway have condemned these attacks by SL govt/ sending diplomats and our UPA govt. PM says we can't do anything !
See the poor foreign policy by UPA govt. - Nepal has fallen to Maoist- backed by China, Taliban are rising as never before, LeT has become more stronger, Bangladesh soldiers are killing CRF personals on the boarder and India is home for more 2 Carores Bangladeshi now, China is disputing Arunachalam...and many more.
Agreed.
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iv_only_hope
07-25 06:42 PM
I dont know what this means. He said previously EB3 backlog is massive. So assuming40 percent of indians would give 160,000. Out of those assuming 50 percent for EB2 would give 80,000. Question: Is eb2:eb3 ration 50% ??
"I think that the numbers are generally accurate, but I disagree with the conclusion. In large part, I rely on what I was told in a conversation with the State Department officer responsible for calculating cutoff dates. He told me that the Indian E2 cutoff date is going to retrogress back to late 2002 or early 2003 in October. He said that the Indian E2 backlog is MASSIVE.
Looking at the total number of people who have filed AOS applications, or who have been reported as documentarily qualified to consular posts, we see a group of at least 400,000. This was as of a couple of months ago, after much of this year's quota had been used. I'm told that between 40% and 45% of the people in the known backlog are chargeable to India - and most of those are E2".
"I think that the numbers are generally accurate, but I disagree with the conclusion. In large part, I rely on what I was told in a conversation with the State Department officer responsible for calculating cutoff dates. He told me that the Indian E2 cutoff date is going to retrogress back to late 2002 or early 2003 in October. He said that the Indian E2 backlog is MASSIVE.
Looking at the total number of people who have filed AOS applications, or who have been reported as documentarily qualified to consular posts, we see a group of at least 400,000. This was as of a couple of months ago, after much of this year's quota had been used. I'm told that between 40% and 45% of the people in the known backlog are chargeable to India - and most of those are E2".
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srkamath
07-21 09:01 PM
CAN ANY ONE BELIEVE THEY GAVE 10,326 "UNUSED" EB NUMBERS TO FAMILY BASED IN THE YEAR 2006?? AMAZING.
http://www.dhs.gov/xlibrary/assets/statistics/publications/LPR_FR_2007.pdf
Another concern I have on your estimation is it looks like unlimited categories (immediate relatives) eat into the overall numbers. But it looks like FB is guaranteed minimum of 226,000 each year.
that's right, vdlrao is spot on (as usual) with the analysis.
A recapture loop is already built into the system, the subtraction of the unlimited category numbers acts sort of like a negative-feedback loop, keeping the numbers stable.
USCIS processing efficiency affects mostly EB categories, it doesn't affect FB much which has hard 7% limits / country.
vdlrao's clear analysis suggests that FY 2008 could see more than 70,000 EB2s issued in total.
EB2 In/CH being retrogressed will get the maximum benefits.
USCIS is definitely capable of processing 12k to 15k per month.
EB2 will become current for all countries very soon.
EB3 will then get a lot of spillovers, ensuring rapid movement.
http://www.dhs.gov/xlibrary/assets/statistics/publications/LPR_FR_2007.pdf
Another concern I have on your estimation is it looks like unlimited categories (immediate relatives) eat into the overall numbers. But it looks like FB is guaranteed minimum of 226,000 each year.
that's right, vdlrao is spot on (as usual) with the analysis.
A recapture loop is already built into the system, the subtraction of the unlimited category numbers acts sort of like a negative-feedback loop, keeping the numbers stable.
USCIS processing efficiency affects mostly EB categories, it doesn't affect FB much which has hard 7% limits / country.
vdlrao's clear analysis suggests that FY 2008 could see more than 70,000 EB2s issued in total.
EB2 In/CH being retrogressed will get the maximum benefits.
USCIS is definitely capable of processing 12k to 15k per month.
EB2 will become current for all countries very soon.
EB3 will then get a lot of spillovers, ensuring rapid movement.
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ajaypr
06-24 01:55 PM
..I am waiting for the punch line. What's the point of this? We all know it...
Well this is just another source or confirmation that EB-1 and EB-2 India is going to become unavailable in the coming months or year.
"In addition, the DOS has indicated that the EB-1 category for individuals born in India or China may backlog or retrogress later this summer, and may do so again in the coming fiscal year. Predictably, prognostications for the EB-2 category for India and China are also quite grim - in the next month or two, the EB-2 category could become unavailable. In particular, USCIS has indicated that it has about 25,000 EB-2 India cases and "significant numbers" of cases for Chinese nationals that have been reviewed and are simply awaiting visa number availability. This category has a typical fiscal-year limit of 2,800, plus any remaining numbers from the EB-1, EB-4 and EB-5 categories."
Well this is just another source or confirmation that EB-1 and EB-2 India is going to become unavailable in the coming months or year.
"In addition, the DOS has indicated that the EB-1 category for individuals born in India or China may backlog or retrogress later this summer, and may do so again in the coming fiscal year. Predictably, prognostications for the EB-2 category for India and China are also quite grim - in the next month or two, the EB-2 category could become unavailable. In particular, USCIS has indicated that it has about 25,000 EB-2 India cases and "significant numbers" of cases for Chinese nationals that have been reviewed and are simply awaiting visa number availability. This category has a typical fiscal-year limit of 2,800, plus any remaining numbers from the EB-1, EB-4 and EB-5 categories."
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Legal
07-19 01:25 AM
Spillover will occur from the first quarter itself this time. it has not happened in the last few years because, there were many applications from ROW(especially EB2 and EB3 ROW) coming from backlog centers and using up all the visa numbers as all the spillovers got passed on to EB3 bypassing EB2 retrogressed countries. this is exactly why EB2 was unavailable in February. now with the correct interpretation of the law and EB1 and EB2 ROW being current, the spillover will happen from Nov/dec of this year itself for 2009 quota. But I am not sure how quickly the dates move for Eb2 or how much spillover will happen. remember the visas allotted for a particular quarter will be used by the end of the quarter and I doubt if there will be much demand in EB1 and EB2 ROW that can use up all the visas for the quarter. this is why I think EB2 I and C will get spillover very early in the year and I don't think we will be waiting till the last quarter for this to happen
Economy is tanking, the number of new EB2ROW may not be that high in many fields in the coming months. What do you think? This is likely to help EB2-I,C who are in the waiting line and are able to hold their jobs.
Economy is tanking, the number of new EB2ROW may not be that high in many fields in the coming months. What do you think? This is likely to help EB2-I,C who are in the waiting line and are able to hold their jobs.
Kodi
05-02 01:21 PM
What ethnic cleansing you're talking about? All tamils are not LTTE but all LTTE members are tamils. So you're saying the gov destroying LTTE is wrong because they're tamils and the gov should not try to liberate the country, they should give LTTE what they're asking for and leave it at that. And what's the guarantee that they're going to end it at that.
If there's ethnic cleansing or genocide happening in sri lanka how come tamils lead prosperous lives in other parts of the country?
If there's ethnic cleansing or genocide happening in sri lanka how come tamils lead prosperous lives in other parts of the country?
Kushal
07-27 11:46 AM
As someone else mentioned on this forum, it is illegal to earn while on H1-B from sources other than your employer.
Nope that's not correct. You file your business earnings through 1099 and not W2. It has nothing to do with H1-B. Good luck.
Nope that's not correct. You file your business earnings through 1099 and not W2. It has nothing to do with H1-B. Good luck.
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