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  • Jerrome
    09-24 09:53 AM
    I think your analysis considers EB1(ROW)+EB2(ROW) spill over to EB3(ROW) that is not true,

    EB1 Overflow ---> EB2
    EB2 Overflow ---> EB2(I)+EB China

    That means as per your calculation, it would be 19,282 considering 0 EB1 and EB2 filled in 2010.

    As i said in my previous posts EB2 would be May 2006 by end of this year for sure.
    Best case scenario considering more than 30K spill over it would be end of 2006.

    You are also calculating spillover as of today with the pending cases, but the spill over happens only in Last quarter of 2010. There would be some if not more EB1+EB2 ROW applicants.

    Based on following link:

    http://www.uscis.gov/USCIS/New%20Structure/2nd%20Level%20%28Left%20Nav%20Parents%29/Green%20Card%20-%202nd%20Level/Pending%20Form%20I-485%20Reports.pdf

    28.6%/5 = 5.72% for EB3-India + Spillover from EB2 and EB1, not more than 10,000 of which to "Other Workers".
    28.6%/5 = 5.72% for EB2-India + spillover from EB1
    28.6%/5 = 5.72% for EB1-India + spillover from EB4 and EB5


    Each category is 28.6% WW Quota.

    WW Quota consists of 5 country specific sub-quotas 1)India 2)China 3) Mexico 4) Philipines 5)ROW.

    Based on page 1, I do math as under for Philippines categories.
    -------------------------------------------------------------------------------------

    1) Quota for EB4 -->7% x 140000/5=1960, Pending: 70 Quota to be spilled over to EB1= 1890
    2) Quota for EB5 --> 7% x 140000 / 5 = 1960, Pending: 0 Quota to be spilled over to EB1 = 1960
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1890 + EB5 spillover 1960 = 11858 - pending 74 = Total
    11784 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 11784 =19792, Pending: 510, So total 19282 VISA numbers will be spilled
    over to EB3.
    5) Quota for EB3 --> 5.72% x 140000 = 8008 + 19282 spill over =27290 - 11563 Pending = 15727 VISA extra.
    6) “Other Workers” – Pending: 264 TOTAL UNUSED VISAS = 15727-264 = 15463 UNUSED VISAS will go to the quota
    of other countries.


    Based on page 3, I do math as under for ROW categories.
    ------------------------------------------------------------------------------

    1) Quota for EB4 -->7% x 140000/5=1960, Pending: 1378 Quota to be spilled over to EB1= 582
    2) Quota for EB5 --> 7% x 140000 / 5 = 1960, Pending: 40 Quota to be spilled over to EB1 = 1920
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 582 + EB5 spillover 1920 = 10510 - pending 2477 = Total
    8033 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 8033 =16031, Pending: 7150, So total 8881 VISA numbers will be spilled
    over to EB3.
    5) Quota for EB3 --> 5.72% x 140000 = 8008 + 8881 spill over =16889. Pending: 62840 -16889 = 45951 applications will
    still be pending and pushed to year 2011.

    Based on page 4, I do math as under for China categories.
    -----------------------------------------------------------------------------------

    1) Quota For EB4 --> 7% x 140000 / 5 = 1960, Pending: 384 Quota to be spilled over to EB1 = 1576
    2) Quota For EB5 --> 7% x 140000 / 5 = 1960, Pending: 13 Quota to be spilled over to EB1 = 1947
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1576 + EB5 spillover 1947 = 11531 - pending 607 =
    Total 10924 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 10924 =18932, Pending: 19333, So total 401 applications will be pushed to
    year 2011 with pending approval.
    5) Quota for EB3 --> 5.72% x 140000 = 8008 + no spillover = 8008 – 6343 Pending = 1665 visas Extra.
    6) “Other Workers” – Pending: 30 TOTAL UNUSED VISAS = 1665-30 = 1635 UNUSED VISAS will go to the quota
    of other countries.

    Based on page 5, I do math as under for India categories.
    -----------------------------------------------------------------------------

    1) Quota for EB4 -->7% x 140000/5=1960, Pending: 123 Quota to be spilled over to EB1= 1960-123 = 1837
    2) Quota for EB5 --> 7% x 140000 / 5 = 1960, Pending: 13 Quota to be spilled over to EB1 = 1960-13 = 1947
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1837 + EB5 spillover 1947 = 11792 - pending 418 = Total
    11374 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 11374 =19382, Pending: 47728, So total 28346 applications will still be
    pending for year 2011.
    5) Quota for EB3 --> 5.72% x 140000 = 8008, no spill over. Pending: 62607 -8008 = 54599 applications will still be pending
    and pushed to year 2011.

    Based on page 6, I do math as under for Mexico categories.
    -----------------------------------------------------------------------------------

    1) Quota For EB4 --> 7% x 140000 / 5 = 1960, Pending: 62 Quota to be spilled over to EB1 = 1960-62=1898
    2) Quota For EB5 --> 7% x 140000 / 5 = 1960, Pending: 0 Quota to be spilled over to EB1 = 1960
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1898 + EB5 spillover 1960 = 11866 - pending 174 =
    Total 11692 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 11692 =19700, Pending: 211, So total 19489 applications will spill over to
    EB3 category.
    5) Quota for EB3 --> 5.72% x 140000 = 8008 + 19489 spillover = 27497 – 7878 Pending = 19619 visas Extra.
    6) “Other Workers” – Pending: 8415 TOTAL UNUSED VISAS = 19619-8415 = 11204 UNUSED VISAS will go to the quota
    of other countries.


    TOTAL UNUSED VISAS = 15463 + 1635 + 11204 = 28302.

    Assuming these unused visas from Philippines, China and Mexico will be used for India, ROW equally India will benefit additional 14151 VISAS this year. Assuming all of these go to EB2 India Pushed down figure for EB2-India for the year 2011 will be 28346 – 14151 = 14195 pending EB2-I applications ready to go to year 2011.





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  • ramus
    06-28 01:00 PM
    Nope... You can send it on Saturday for 2 day delivery so they will get it on Monday.. When you send it on Saturday , make sure you do 2 days delivery..



    From what i know,your application will not be accepted if it reaches there before July 1st. Since July 1st is a sunday, the earliest you can send it is Monday july 2nd.





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  • cps060
    03-19 05:43 PM
    so you mean to say that if I try to enter in fourth year, then itself I have to go to an immigration hearing and the judge would decide whether he would let me stay or not ?

    Also can I apply for CA SIN staying in USA ?
    Should I be filing taxes there ?
    How do I get an address if I dont stay there ?

    Thanks for your help.





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  • patiently_waiting
    01-13 03:53 PM
    makes the life very doomed.



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  • senthil1
    03-16 01:24 PM
    It depends on INS. If they notice the overlap between study and experience and they can send RFE. If you send explanation to RFE then it is upto INS to accept or reject. If thy doo not notice then no problem.Some people in INS have some idea about fake experience certificates in India. It is easy to get experience certificate even if you do not work. You can get idea by analysing similar situation.


    QUOTE=Subst_labor]i am not paying anything, its a decent company from NJ. the only thing i am concerned about is that this experience was when i was IN college and it was a really small company (part time thing..)[/QUOTE]





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  • BharatPremi
    12-14 12:51 PM
    If they change the current law to favor Indians, then it will be disciminatory to other nationals. Think the other way..

    You may be almost 100% right and everybody is trying to take the sense out of this. Lazy*and Mark almost have given the proof that "We can't do this"..

    Good, we will not have a problem if we get assured about this 100%.

    But one thing I do not understand is your interpretation (in quots)... If at all anything we are asking is what "Remove Per Country based ceilings" but how can somebody with high skill translate that into what you quoted?

    If that happens, Indians will be benefited , yes that is not a favor, and if at all for the sake of argument even if we "tag" the word "favored"...Chinese,Mexicans,Philipinos will also be "favored".. So if they remove this ceiling then in reality it would be a "Equal ground for every national" And in that nobody can argue that "It is discriminatory to other nationals".



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  • HereIComeGC
    02-15 12:46 PM
    Oh and by the way, if people sue and WIN lawsuits for "COFFEE BEING TOO HOT" or the one "McDonalds made me fat" This one has much more credibility

    "CLASS ACTION AGAINST USCIS? My god, you have no idea what you're talking about"

    Freedom without violence?? Man on the Moon?

    Sounds familiar?

    You would have said few months back "GC without FBI Namechecks? You have no idea what you are talking about"

    You can't win if you don't even try. Simple as that. At the minimum, lawsuit will highlight all the issues in the broken process and get some serious media action.





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  • mundada
    07-22 04:05 PM
    Excellent analysis and statistics...everyone on this forum has tried an analysis and all of them are very well done. I will thank vdlrao especially, he has provided some interesting links to statistics (which were very informative for me as I was not aware of lot of these numbers).

    The problem is this: We are all assuming that USCIS will work LOGICALLY...which is impossible for them!:p
    They simply can't do that...

    One additional thing, (at least what I think) is that there is missing statistics about labor sub cases (and plz dont start the debate whether labor sub is good or bad thing), cases stuck in name check for years, and very old cases (cases that came out of backlog elimination centers--remember, those were working in four shifts during the last few months of their existance).

    However, they HAVE proved the fact that they can not do even the RANDOM GC giveaway unless PD is in mid 2006 for EB2.

    So I do believe that they will assign the visa number to whichever case they can (and some other cases randomly) to show that they used all visa numbers and approvals will come to the LUCKY winners over next several months (just like what happened in last June, is happneing this Aug). Overall, it is not a bad news...really a good news.

    What will happen to PD in Sept VB? I guess, dates will probably remain the same or become unavailable, does not matter (as RANDOM visa giveaway fiesta might finish all in Aug or goes in sept, regardless, same numbers will be GIVEN AWAY and whether it happens in Aug or Sept does not matter much).

    In Oct 08, dates will retrogress...(OF COURSE!) but probably not too much (as vdlrao said); and I am also not sure what would be the significance of those dates (besides filing of 485) as USCIS usuallydoes not care about it; they will wait till the end of the next fiscal year...and that's when the title of this thread "EB2 WILL BE CURRENT IN A YEAR" comes into play...To continue their usual RANDOM giveaway, they will have to move dates to 2008 at that time (under most circumstances...and based on all the stats!)...Again, we can not stop thinking LOGICALLY and USCIS can not understand what LOGIC is..:D

    See, we need to understand, life is a Lottery. No place for Logic. USCIS LOVES lottery...after diversity visa lottery, they are also doing LOTTERY for H1 now, and one day if they like the idea of doing LOTTERY, for EB cases, they might throw away this all mambo jambo of EB1,2,3/PD/RD/ROW/IN/CH...and JUST DO THE LOTTERY!! After this post, I will go buy a California Lotto...;)
    Great man...

    you bring an excellent suggestion. USCIS should do lottery for EB and at least that would be more logical than what we have right now. Right now it is neither random nor logical. It is f$%^$% up!

    If your date is not current then you are not sure what is the probability of your date becoming current next month;
    If your date is current then you are not sure what is the probability of you actually winning the lottery;
    If your date is current and you do not win the lottery this month then you are not sure what is the probability that your date will remain current in the next month

    Best luck to all hoping to win this lottery!



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  • gopinathan
    07-28 01:04 PM
    your past experience is doing this talk.. not only you, 99 % of people I met have the same animosity towards other desis who are walking towards them. unfortunate but true.

    if you don't give a damn about Amway, thats OK. no outsiders need to know that and surely not me as I will not talk to you about amway in the first place. thats the whole point. no one should rub it on others. sometimes relatives/friends go a little overboard trying to sell this pitch but that OK. its between 2 people who know each other and its just between them.

    Hi Gopi,
    Good post. But tell me why should i give a damn about either Amway or BWW? I don't.

    It is horribly insane to talk to your business ambitions to a stranger. Every person is different and I personally take it offensive when someone I don't know comes and bothers me with his/her business nonsense. I am sure there are many people who think in the same way.

    In the beginning, whenever a I came across a Desi in a mall or in a public place, it used to make me happy. Now, I always suspect that it could be a Amway SOB who is coming to me with his trash bag.

    By the way, Gopi, this is nothing against you personally.

    To all Amway street walkers, get the hell out of my way. I don't want to hear your nonsense. Period.





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  • fairman
    08-16 12:26 PM
    .....

    Mamooty.. who is he?
    One Mallu actor ( got national award etc.)



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  • Lasantha
    02-15 01:41 PM
    You are welcome Dyana. Also if you search this forum, you might be able to find lots of threads on filing 485, doing medicals etc from last June/July/August. These topics were beaten to death on this forum last year when a whole bunch of us filed 485. Good luck!

    Thank U all for your quick answers&good advice.It feels good to know I have new friends who can help me with my questions.
    About the cheques u're right, that's how we have done it. Separate personnal cheques for each of us, easy to track online.
    Hopefully we are not out-of-status and my husband's employer is not on th black list.
    How couldn't I figure it out by myself what IV means????Shame,shame...





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  • Abhinaym
    01-13 01:45 PM
    Just more ways to perpetuate their buereaucracy and make the lives of legal immigrants (and non-immigrants) tougher.

    Almost every rule these stupid agencies make is against small businesses.



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  • drirshad
    07-29 03:58 AM
    I live in MI and have worked for Big3 (GM/Ford/Chrysler) over the years. Last year Chrysler got an offer that their IT budget can be cut by 30% if they give all contracts to this company. After good research and due to money problems Chrysler took the offer. Came in TCS & Convasys took away most of the jobs and off shored them in no time. I moved out last year and have seen whole teams being wiped out. Only the manager who was there before stayed.

    Not sure if this offshore is good in long term or not. Obviously there will be fewer perms.





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  • GooblyWoobly
    07-25 03:52 AM
    VDLRAO - You brought lot of valid points which supported by authentic statistics. But surprisingly Ron�s comment about the Aug bulletin is totally vague. You can throw the numbers to prove your claim but I don�t think Ron really has any such numerical explanation for his statement.

    With all due respect, I beg to differ from Ron (probably for the first time).

    Lawyers are what they are, lawyers. They won't be able to crunch numbers as well as folks in this group. The problem was, previously there wasn't much data to crunch. With that available, I'd take folks like Ron/Oh's comments and predictions with a pinch of salt, and concentrate on vdlrao's predictions.
    Sometimes, numbers won't allow us to predict correctly, as USCIS also has limited ability to crunch numbers properly. However, at those times, all the bets are off.



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  • sampath
    04-29 12:22 AM
    Can you anyone tell what the lines highlighted below in blue means ?

    ************************************************** ******

    RIN: 1205-AB42 Agenda Cycle: 200610

    Title: Labor Certification for the Permanent Employment of Aliens in the United States; Reducing the Incentives and Opportunities for Fraud and Abuse and Enhancing Program Integrity

    Abstract: The Department of Labor proposed changes to reduce the incentives and opportunities for fraud and abuse related to the permanent employment of aliens in the United States. Among other key changes, the Department is eliminating the current practice of allowing the substitution of alien beneficiaries on applications and approved labor certifications. DOL proposed to further reduce the likelihood of the submission of fraudulent applications for the permanent employment of aliens in the United States by proposing a 45-day deadline for employers to file approved permanent labor certifications in support of a petition with the Department of Homeland Security. The Final Rule expressly prohibits the sale, barter, or purchase of permanent labor certifications or applications, as well as related payments. The proposed rule also addresses enforcement mechanisms to protect program integrity, including debarment with appeal rights. These amendments would apply to employers using both the Application for Alien Employment Certification (Form ETA 750) or the Application for Permanent Employment Certification (Form ETA 9089).

    ************************************************** *******
    i got the above info from the OMB website below -

    http://www.reginfo.gov/public/do/eoViewRule?ruleID=269657





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  • vivid_bharti
    04-20 09:47 PM
    You want the people to be stuck in the black hole for another 5 years ? Here are some facts about Mr. Manmohan Singh....
    1) Three of his Cabinet ministers belonging to DMK/NCP/PMK after travelling abroad --including to Tax Havens refused to give reports of their foreign trips to PMO. PMO Could not /did not do anything

    2) The HRD minster Arjun singh did not attend any Cabinet meetings under Singh --the mumbling PM could not /did not even ask for an explanation.

    3) He was forced to give pensions for Marxists Terrorists of Telengana who fought against the Indian state in 1948 -under freedom fighters category . He did not have guts to point out that you cannot give such pensions to those who fought the Indian army

    4) He donated nearly Rs.60 Crores to Cambridge[ to celebrate the admission of Nehru] and Harvard [ Perhaps to reduce the Stock Market losses! of their funds] when Indian institutions are crying for funds. He fumbled when he was "instructed" by number 10.

    5) He Promised a Terror Law in a Governor's Conference to be over ruled by his own Party's Spokesperson who got instructions from number 10

    6) DMK Chief announced the new Cabinet Minister [ Raja] for Tele communication from Chennai—instead of PMO announcing the new Cabinet Minster.

    7) As a Finance Minister in 1991 --his first task was to grant Rs.100 Crores for Rajiv Foundation and was over ruled by PVN after a hue and cry.The same obeisance he showed as PM to number 10.

    8) He's plainly & cunningly refusing to contest election, simply seeking backdoor entry to the PMO, thru the puupet string from number 10

    9) Plainly refused to debate with LK Advani, reason ?? Don't have a single credit to talk about.

    Also in case you haven't visited India in last 5 years and don't know the ground realities and all our knowledge is based on Indian media(NDTV, IBN, Hindustan times) , here's a clip from CAG report which will tell you how poor this govt's performance was

    " CAG report on NREGA has said that out of the 3.81 crore rural households that registered under the scheme, only 22 lakh households — a mere 6% — got 100 days of legally guaranteed employment; project completion rate in National Highways fell from 81% in 2004-05 to 17% in 2007-2008; the 11th Plan had set a target of adding 90,700 MW of power; yet in its first seven quarters, a mere 10,877 MW has been added; and leakages continue unabated and unchecked in PDS. Given the Manmohan Singh government’s well-earned reputation for weakness on these issues, convincing the electorate will be no mean task."

    you can read the whole article at

    http://economictimes.indiatimes.com/Opinion/Comments--Analysis/Fall-of-the-holy-trinity-MMS-PC-Montek/articleshow/4316378.cms?curpg=1



    If you have more please add here.........
    should be ' NO CHANGE'

    i.e. continue with what we had for the past 5 years

    India deserves nothing but the best and so there should be 'No Change' in leadership



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  • days_go_by
    08-04 07:16 AM
    08/04/2006: Final Rule of Labor Certification Substitution Elimination: Where Is It?

    * A rumor starts surfacing in the immigrant community that the DOL is finalizing the rule-making process for this final rule and the rule may be published in the federal register in the near future. This rumor has not been confirmed by the DOL. Neither the OMB rule-making agenda reflects such request by the DOL. We will closely watch and monitor this rule-making process. Please stay tuned.





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  • waitingnwaiting
    01-05 05:16 PM
    Moderators , Pls delete this thread. Why is the thread posted on a immigration forum. :mad:

    Are you one of the the guys selling it? No harm listening to both sides of the argument.





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  • kumar1
    07-10 10:34 PM
    I forgot to mention something - If you have worked here for 7-8 years, do not go home till you complete 10 years and accumulate 40 points in Social Security System. Once you have 40 points accumulated, you are entitled to get your money after the age of 65. I have spent 7 years and I have 28 points in the system. May be that's why H1-B was only given 6 years, you pay Social Security, Medicare and get nothing but a thank you from both the systems. I will make sure that I get 40 points and then only I will make a move. And yes, whether you are Indian/Pakistani/Polish.......does not matter, you accumulate 40 points, you will get the benifit. If you do not believe me, go to http://www.ssa.gov/immigration/

    Guys, let me know if you feel otherwise.





    hydboy77
    06-04 01:36 PM
    As JSB pointed out what you are asking already exists with an EAD, 180 days after filing 485 you can leave your current employer and join a new company as long as it is a same\semilar job. The problem with this same or semilar job is it is a ticking time bomb, the day USCIS decides to go after EAD they can have a restrictive interpretation of same and semilar job and deny your 485 or they can keep sending you employment verification letter rfe every couple of months. I am not being paranioid, for example even though AC 21 clearly states that once 180 days have passed since the 485 has been applied, the employee can join a new job and even if the previous employer has revoked the approved 140 it should not effect the 485 petition, but USCIS is not following this law and blindly sending 485 denial notices to applicants whose approved i140 was revoked by previous employer. Who knows what sort of abuse will USCIS resort to in the future against EAD.

    To prevent this we should work towards an administrative fix that once the 485 application is pre adjudicated the applicant should be left alone and not issed any Employment verification letter rfe, or semilar\same job restrictions if they are back logged because of country quota and face multiple year wait.

    Instead of Interim GC we should demand that once Labor and I-140 is approved remove the restriction wherein a person has to stay in same job type until GC approved in other words allow the person to take any job while I-485 is pending. This will be a big benefit and logically makes sense. If this happens than GC wait will not pigeon hole people's career in one job and allow them to grow and contribute to economy.





    krish2005
    01-16 06:18 PM
    http://www.murthy.com/news/n_repatt.html dated March 2006

    I discussed the matter of the Consular section requiring end-user client (http://immigrationvoice.org/forum/#) letters. Many H1B employers and employees, as well as several AILA attorneys, have approached me as well as the Murthy Law Firm, inquiring about this. The matter deals with the fairly recent requests for letters from supervisors of the end-user clients. These requests require the end users to outline the nature of the job to be performed by the H1B visa candidate, provide details of where the candidate will work, the length of the project, and the need for a specific H1B employee by name and other details. Unfortunately, most end-user clients are not willing to comply with such an onerous request. The very reason for the end-user client to hire an outside consulting company is to minimize the burden of administrative or HR responsibilities. Moreover, the law does not require such detailed letters for the issuance of H1B visas.
    �MurthyDotCom
    I respectfully summarized the position of many of you, our clients or those using candidates who apply for the H1B visa at Chennai, as follows.

    End-user clients generally will not issue letters to the consulate, as they do not wish to get involved with the H1B process. The very nature of the employment relationship, when hiring through consulting companies, is to avoid or minimize the work related to hiring candidates.
    Employers who sign the H1B documents do so under penalty of perjury and must pay the required prevailing wage, irrespective of whether they have assignments for the H1B candidates. The employer may decide to send the candidate back to his/her home country if enough assignments cannot be found.
    Legacy INS (now USCIS) raised many similar issues, in the early- to mid-1990s, regarding the length and nature of the projects in the U.S., timetable of assignments, and the H1B employer�s ability to pay the required prevailing wage. Senior Legacy INS officials from headquarters in Washington DC addressed the concerns of those examiners by pointing out that the law does not permit them to investigate a U.S. employer�s ability to hire H1B employees. The USCIS is bound by memos and policy guidance of the Legacy INS. After that memo, Legacy INS stopped issuing lengthy RFEs on these matters.
    The law does not require any such letters by end-user clients for the issuance of the H1B visas to the visa applicants.
    Delays in the issuance of H1B visas cause many of the employers considerable financial (http://immigrationvoice.org/forum/#) loss and postpone the implementation of projects. This results in the additional loss of revenues and credibility with their clients, due to their inability to produce in a timely fashion the required specialty-worker candidates.


    Thanks for the post. Is there such a requirement when there is a renewal of H1B ?



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