rsharma
09-24 12:35 PM
I have no problem with porting, but the priority date should be starting from when they acquired required qualifications for the job.
Example, if someone with B.S and 2 years experience had applied in EB3 in 2005 and tries to port now I think it is fair to have the ported PD not in 2005, but 2008 when the person acquired B.S + 5 years experience.
This would automatically address all those folks who deserved to be in EB2 but couldnt either becuase lawyer screwed up or issues with sponsoring company.
The priority date should be always based on the particular labor filling or the filing of I140 (which ever applicable)
I am not against anyone getting GC. If everyome gets GC today, I am all for it. But no solution is in sight. But that does not mean someone elase will try to push EB2 back.
Therefore just wanted to let EB2 guys realize what will happen to them if no action is taken.
This is very simillar to labor substitution...
Example, if someone with B.S and 2 years experience had applied in EB3 in 2005 and tries to port now I think it is fair to have the ported PD not in 2005, but 2008 when the person acquired B.S + 5 years experience.
This would automatically address all those folks who deserved to be in EB2 but couldnt either becuase lawyer screwed up or issues with sponsoring company.
The priority date should be always based on the particular labor filling or the filing of I140 (which ever applicable)
I am not against anyone getting GC. If everyome gets GC today, I am all for it. But no solution is in sight. But that does not mean someone elase will try to push EB2 back.
Therefore just wanted to let EB2 guys realize what will happen to them if no action is taken.
This is very simillar to labor substitution...
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jonty_11
10-27 10:44 AM
I understand we want to stand alone with our issues and that may be favourable to us from an anti-immi stance taken by many in Govt and otherwise. I am not sure though if by alienating EB retrogression issue with H1B increase we will be able to get anything done.
Our main supporters are teh corporations who hire us and want us to be perm. There bigger concern right now is getting more people who can hired on H1B. Unless we threaten mass exodus, I do not think we stand a chance if we try to run alone with only EB retrogression issue.
People (Senators aginst CIR or SKILL and even NUmbers USA) may say that OK we are not against you folks, but the point is will those same people do something about our predicament if this was the only thing on the table, I dont think so.
Our main supporters are teh corporations who hire us and want us to be perm. There bigger concern right now is getting more people who can hired on H1B. Unless we threaten mass exodus, I do not think we stand a chance if we try to run alone with only EB retrogression issue.
People (Senators aginst CIR or SKILL and even NUmbers USA) may say that OK we are not against you folks, but the point is will those same people do something about our predicament if this was the only thing on the table, I dont think so.
mchatrvd
09-10 02:27 PM
IV is not biased against any EB category. Their goal is to have process so that everyone gets GC in one year from date of application. These categories are set by USCIS. IV is currently in process of detailing solutions to end this misery of all EB category. More details can only be find in your respective state chapters. We cannot disclose details on the public forum. I will urge you to join your state chapter so that you are aware of what all IV is trying to do. IV is not trying to make system work for EB2 or EB1 but for everyone. There are lot of solutions, but we need to lobby and for that we need volunteer. Remember IV is not a corporate who has people working on its payroll and getting revenue. All of us need to contribute and volunteer. Trust me the day all of us (at least number of people blogging currently) join their state chapter and volunteer couple of hours in a month, you will not need lobby. The public voice be enough to convince Hill and House to pass a legislation.
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sledge_hammer
02-12 02:31 PM
You are missing the point here again and taking whatever I said out of context!
Read the OP's issue again. She never said that she did not understand the laws fully. In fact both her and her desi consulting company know the immigration laws too well and have found loopholes to take advantage of it, which is morally wrong. Now tell me if it is wrong when I say this; If you know you are going out of status because you do not have a job, and you still do not change your status back to H4 in the hopes that you'll eventually land a job, then you have no right to stay in this country.
Please refrain from bringing in the refugees, their struggle and hardships and try to dilute what I have been saying in this entire thread!
Sledge_Hammer - You are so shallow in your thinking!
Every rule in this world has a human aspect. I urge you to grow up. Immigration rules in this country are so complex that even lawyers conflict with each other. We are simple human beings and most of the time we do not fully understand the law. Yes, it does not give us the authority to break the law, however, there are times when you become "out of status" by just sitting at home. There are times when you become victim of situation. I have 1000s of refugees in my city who flee Yugoslavia/Bosnia during ethnic cleansing/genocide of 1990s. US working with UN gave them refugee status and most of them have green cards now. Some of them lost sons, some of them lost fathers and they all have stories to tell. Do I go there with my MS/BS degree and tell them that I was in the line before and I should have gotten the GC before them? No! Do I curse the system for that? No! When countries fall apart and when morality/humanity hits the rock bottom, rules, status go right out of the window.
Please do not be so harsh on forums.
I do not have anything personal against you but there are times when you are very harsh on individuals and that changes the whole course of discussion.
Read the OP's issue again. She never said that she did not understand the laws fully. In fact both her and her desi consulting company know the immigration laws too well and have found loopholes to take advantage of it, which is morally wrong. Now tell me if it is wrong when I say this; If you know you are going out of status because you do not have a job, and you still do not change your status back to H4 in the hopes that you'll eventually land a job, then you have no right to stay in this country.
Please refrain from bringing in the refugees, their struggle and hardships and try to dilute what I have been saying in this entire thread!
Sledge_Hammer - You are so shallow in your thinking!
Every rule in this world has a human aspect. I urge you to grow up. Immigration rules in this country are so complex that even lawyers conflict with each other. We are simple human beings and most of the time we do not fully understand the law. Yes, it does not give us the authority to break the law, however, there are times when you become "out of status" by just sitting at home. There are times when you become victim of situation. I have 1000s of refugees in my city who flee Yugoslavia/Bosnia during ethnic cleansing/genocide of 1990s. US working with UN gave them refugee status and most of them have green cards now. Some of them lost sons, some of them lost fathers and they all have stories to tell. Do I go there with my MS/BS degree and tell them that I was in the line before and I should have gotten the GC before them? No! Do I curse the system for that? No! When countries fall apart and when morality/humanity hits the rock bottom, rules, status go right out of the window.
Please do not be so harsh on forums.
I do not have anything personal against you but there are times when you are very harsh on individuals and that changes the whole course of discussion.
more...
permfiling
05-08 03:17 PM
You can still go to court against the congress, that is what is the freedom of constitution in this country.
Since Obama administration has a open door policy, why don't we take a appointment and discuss this issue ?
Since Obama administration has a open door policy, why don't we take a appointment and discuss this issue ?
rkg000
07-20 11:58 AM
Don't make stupid statements like this. It goes to show your intelligence and that you are an instigator. With statements like that you will alienate EB3 more. BTW, I contributed to DC advocacy and many other EB3s also did the same. That money apparently seemed to have have helped EB2 and not EB3.
Regarding you comment on action, many IV leaders are EB3.
I am not sure your point will be taken seriously by anyone with this kind of language. If you didn't mean to be taken seriously, then well... you are right on point. You all must have read the thread EB2-EB3 predictions. The thread is most popular for the very reason that members refrained from such language.
Coming to this thread, I empathize EB3 position. I guess I would feel the same if spillover was helping EB2 all along and recently changed to help another category. So, how do you get everyone to support any initiative that will surely hurt the other half.
Since Spillover rules are left to USCIS for interpretation, whatever way they interpret, it is sure to hurt one or the other category. So, why not concentrate on action items which unites us all, rather than dividing us, like VISA recapture, abolishing country quota, not using quota against dependents etc. Think about it.
Regarding you comment on action, many IV leaders are EB3.
I am not sure your point will be taken seriously by anyone with this kind of language. If you didn't mean to be taken seriously, then well... you are right on point. You all must have read the thread EB2-EB3 predictions. The thread is most popular for the very reason that members refrained from such language.
Coming to this thread, I empathize EB3 position. I guess I would feel the same if spillover was helping EB2 all along and recently changed to help another category. So, how do you get everyone to support any initiative that will surely hurt the other half.
Since Spillover rules are left to USCIS for interpretation, whatever way they interpret, it is sure to hurt one or the other category. So, why not concentrate on action items which unites us all, rather than dividing us, like VISA recapture, abolishing country quota, not using quota against dependents etc. Think about it.
more...
eb3retro
07-04 10:52 AM
I'm in very similar situation. My dates were available for June as well. My HR/Attorneys did this long and painful bureaucratic process. We have an internal website which says that my case was �filed� on Jun-29th. Don�t know what the fuck that means. Whether it was sent on 29th or received on 29th? Couldn�t get HR to answer.Don�t have direct communication lines with Attorneys... If it�s sent on 29th, does USCIS take packages on Saturday or Sunday? If they take only on Monday, will they throw it out because it reached in July? Oh well, just have to wait and see...
exactly the same situation as mine. Attorney was an A#%$%OLE.. gave all documentation on first day of june, and the sucker filed it on June29th reaching USCIS on july 2nd.
exactly the same situation as mine. Attorney was an A#%$%OLE.. gave all documentation on first day of june, and the sucker filed it on June29th reaching USCIS on july 2nd.
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pt326bc
10-01 04:25 PM
Hi,
Can someone explain the process of using AC21 for self employment? I have searched the web without much luck. If someone can throw some light on this topic along with how to deal with issues that come up with AC21 and self employment I would really appreciate it.
Thanks in advance
Check out www.shusterman.com and it has a section on AC 21 180 day portability. There you will find all the USCIS memos regarding this topic (starting from 2001 to 2003 and the 2 memos in 2005). The last memo from December 2005 addresses the issue and the way I understand it, it means you can have self employment while waiting for the final approval. But you still have to have an employer at the time of final approval of I 485 in the job category mentioned in LC and I 140.
Regards.
Can someone explain the process of using AC21 for self employment? I have searched the web without much luck. If someone can throw some light on this topic along with how to deal with issues that come up with AC21 and self employment I would really appreciate it.
Thanks in advance
Check out www.shusterman.com and it has a section on AC 21 180 day portability. There you will find all the USCIS memos regarding this topic (starting from 2001 to 2003 and the 2 memos in 2005). The last memo from December 2005 addresses the issue and the way I understand it, it means you can have self employment while waiting for the final approval. But you still have to have an employer at the time of final approval of I 485 in the job category mentioned in LC and I 140.
Regards.
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GCVictim
09-09 06:44 PM
Is there any +ve direction in the future for EB2 and EB3?
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pbuckeye
11-17 05:06 PM
Done.
Message sent to:
Senator Sherrod Brown (D-OH)
Senator George V. Voinovich (R-OH)
Representative Patrick J. Tiberi (R-OH 12th)
I think the Republicans on that list are somewhat supportive anyway.
Message sent to:
Senator Sherrod Brown (D-OH)
Senator George V. Voinovich (R-OH)
Representative Patrick J. Tiberi (R-OH 12th)
I think the Republicans on that list are somewhat supportive anyway.
more...
saimrathi
07-10 02:42 PM
I wish there was a link to the coverage..
Looks like CNN - India covered the our flower campaign story on TV!
Just got an SMS from India!
Looks like CNN - India covered the our flower campaign story on TV!
Just got an SMS from India!
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nomorelogins
04-30 01:49 PM
I can tell you there are roughly 100,000 labor applications filed (50,000 EB3) between Aug 2003 and Dec 2003 for EB India category. The reason was everybody wanted to clear thru regular process before PERM takes over. Those Labors filed after Aug 2003 and before PERM started are moved into backlog and are fully cleary last 4 th quarter. And so 90% of those EB3s may be still there (45,000) hanging. EB2s could have been cleared substantially till Dec 2003. It is all my guess work and not sceintific or factual.
quick question is it 2003 or 2004? since perm started in 2005?
quick question is it 2003 or 2004? since perm started in 2005?
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house Cute Funny Animals
Harutium
06-22 08:49 AM
Stop pushing for a comprehensive relief and turning into a kind of Skil solution
(Only for a few, privileged minority, an elite), I.V. will be able to organize meetings in a phone booth!
(Only for a few, privileged minority, an elite), I.V. will be able to organize meetings in a phone booth!
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sss9i
07-20 10:52 AM
Bump up
more...
pictures Re: funny animals n so cute
RandyK
05-23 08:52 AM
:cool:
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minimalist
02-12 12:07 PM
If you have h4 stamp in your passport , you can go out of the country and comeback in and you would be back in h4 status. Short of that I don't see any other option. Ohers please chip in with your ideas.
Don't mean to hijack this thread, but interesting issues raised by desi3933 and would like to get his comments on this from him:
I am in a similar situation...I have been on H1B since Oct�07 and prior to that I was on a valid F1 status. Not been on a client project since mid-Sep'08, have not been paid from past 5 months.
My employer is not helping with either COS to H4 or port H1B to another employer, by not providing REAL paystubs for the past 5 months. I have been actively working with my employer to find new work and I have all evidence of this in emails. I cannot report to work, as the office is too small for more than two people to comfortably work under normal working conditions.
When I ask employer for back wages, I get threatened that they will issue a backdated termination letter to Sept 2008 (employee not terminated yet), though I have been actively working with them to find new work? I am also being asked to submit a fake personal leave letter for the past 5 months.
How do I know if my H1B has been revoked? I know there are many issues and questions raised here...
Greatly appreciate your time in responding to this...
Don't mean to hijack this thread, but interesting issues raised by desi3933 and would like to get his comments on this from him:
I am in a similar situation...I have been on H1B since Oct�07 and prior to that I was on a valid F1 status. Not been on a client project since mid-Sep'08, have not been paid from past 5 months.
My employer is not helping with either COS to H4 or port H1B to another employer, by not providing REAL paystubs for the past 5 months. I have been actively working with my employer to find new work and I have all evidence of this in emails. I cannot report to work, as the office is too small for more than two people to comfortably work under normal working conditions.
When I ask employer for back wages, I get threatened that they will issue a backdated termination letter to Sept 2008 (employee not terminated yet), though I have been actively working with them to find new work? I am also being asked to submit a fake personal leave letter for the past 5 months.
How do I know if my H1B has been revoked? I know there are many issues and questions raised here...
Greatly appreciate your time in responding to this...
more...
makeup Cute and Funny Animal Pages
shantak
03-18 11:07 AM
I got same exact response as you regarding 60 days wait - only difference is my name check is still pending. Personally, I don't trust this any more until I get it...
Apahilaj,
Any update on your FP. Im still waiting for mine. I dont know how many are like us.
As you said my only concern is will it impact EAD renewal in any way?
People, please throw in some comments who have not received their FP yet
Apahilaj,
Any update on your FP. Im still waiting for mine. I dont know how many are like us.
As you said my only concern is will it impact EAD renewal in any way?
People, please throw in some comments who have not received their FP yet
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snathan
05-01 12:38 PM
gc_on_demand,
Please dont mix priority date with quota.
spouse's priority date will be the same as primary priority date.
We are discussing about quota here.
When you have the PD for primary as 2009 in EB2. He might be getting the GC in 3-4 years. But if you count the spouse in FB it will be another five years. Specially when you count the Spouse agaist the FB it will increase the back log.
So one of the IV agenda is remove counting the spouse/children against the quota. So we dont need to have all this mess.
Please dont mix priority date with quota.
spouse's priority date will be the same as primary priority date.
We are discussing about quota here.
When you have the PD for primary as 2009 in EB2. He might be getting the GC in 3-4 years. But if you count the spouse in FB it will be another five years. Specially when you count the Spouse agaist the FB it will increase the back log.
So one of the IV agenda is remove counting the spouse/children against the quota. So we dont need to have all this mess.
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zeta7
03-23 11:54 AM
I would advise not to go for your landing. At this point you need to make a decision whether you want to pursue canadian GC or US GC. If you have applied for 485 then it best that you not do the canadian landing. You may have issues when you come back to US. They may ask you why you went to canada and you cannot lie and have to tell them the truth. This may raise questions on your intent to pursue US GC. It all depends on your luck as to who you get the IO. I have heard of a case where a person got RFE on 485 after completing the landing.
If you still want to do the landing then you should be prepared for RFE or NOID on your 485.
Thanks dingudi. If you know of a solid case where someone was RFE'd because of landing while on 485, then it looks like I might seriously consider abandoning it as well.
One last question: Let's hypothetically say that I do decide to land and somehow manage to get back into the US without any issues using my AP. However, every subsequent time I leave the U.S. and return, I run the risk of getting "caught" at the POE with regards to the 485/Canadian residency conflict. Am I correct in this assessment?
Again, I appreciate your input immensely. Thanks!
If you still want to do the landing then you should be prepared for RFE or NOID on your 485.
Thanks dingudi. If you know of a solid case where someone was RFE'd because of landing while on 485, then it looks like I might seriously consider abandoning it as well.
One last question: Let's hypothetically say that I do decide to land and somehow manage to get back into the US without any issues using my AP. However, every subsequent time I leave the U.S. and return, I run the risk of getting "caught" at the POE with regards to the 485/Canadian residency conflict. Am I correct in this assessment?
Again, I appreciate your input immensely. Thanks!
bombaysardar
05-31 07:49 AM
Current status Applied for AOS, have AP & H1B approved till 2009
I've travelled twice using AP in the last 6 months (to countries other than Canada), CBP never asked me any questions, I think I will take the chance...
Recent landers, please can you share any thoughts or experiences ??
I've travelled twice using AP in the last 6 months (to countries other than Canada), CBP never asked me any questions, I think I will take the chance...
Recent landers, please can you share any thoughts or experiences ??
GC08
09-12 07:44 PM
Isn't that they have completed input and receipt issuance for cases received by certain date (late Aug.?) according to their update? How come so many July filers still have not received receipts? Weird!
No, it seems as per the latest USCIS update (on Sept 7, 2007) the NSC has completed issuing receipt notices till July 28, 2007, and TSC till July 2, 2007.
Do you have any other updates?
Thanks.
I probably did not remember the date correctly. Anyway, it does not sound so promising.
No, it seems as per the latest USCIS update (on Sept 7, 2007) the NSC has completed issuing receipt notices till July 28, 2007, and TSC till July 2, 2007.
Do you have any other updates?
Thanks.
I probably did not remember the date correctly. Anyway, it does not sound so promising.
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