Posted by: santoshgiri June 13, 2007
ALL GREEN CARDS ARE CURRENT
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DOL through its backlog elimination center, worked out all those backlogged files as it had planned. They were working vigorously.Thats how it changed. Unfortunately there's no such policy as of now for family based petitions but they are trying to shorten the backlog. They are trying to make the 4th category of married siblings to less than 7 years instead of 12-18 years as of present timing. Effects and Indians: yes, it will definitely benefit Indians and the other three. Nepal's EB2 was already current, but now EB3 is also current. H-1B this year: Most of the major companies filled H-1B just to ensure that their employees get a chance to come to the US in future. Almost 70% visas were never used to enter US in the last 3 years. Instead they keep on renewing the H-1B and keep on employing the same employee overseas rather that pay high salary here. its a HR strategy to keep the employees with an American promise. USCIS with the senate's inquiry has already asked major Indian companies to provide them with a list of employees who actually used H-1B approvals in the past. USCIS is also going to monitor such in future. Last but not the least, next years H-1B quota is predicted to be 115,000. The Bitter Truth: I had a chance to file H-1B for 2 Nepali brothers through the law firm where I work. Due to various reasons, H-1Bs reached USCIS only on April 04, 2007. Yes, the quota was over. This is one of the guilt I will have to live with! My H-1B was filed this year. Did I make it? To be honest, I am never lucky at lotteries ! yes, it did not go through! It was not filed under masters as I had not yet graduated. Suggestions for next year: If you are graduating in May, get a letter from the University suggesting your Masters Completion date and file under Masters quota. Still, Bachelors quota is full of doubt. Any hopes still for those who did not make it? Yes, there are 3 chances. 1. USCIS has sent letters suggesting that even though the H-1B petition was rejected and returned or did not make it through the lottery, they will still prioritise the rejected cases under the remaining H-1B quotas from Chile-Singapore quota which will be open on October 1, 2007. Some of you may receive such letters. 2. If the employer is willing talk to them File your Labor Certification. File for I-140 and I-485 concurrently and get a green card along with employment authorization. 3. See if the employer has a pre-approved labor certification for some other guy which was never used. If there is one, ask them to process Labor Substitution, which will qualify you for I-140 and I-485.
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