smisachu
07-05 10:19 AM
Hi Guys, I will send the flowers. This way we will get media attention.
Can someone post this in other forums too. Like Rajiv Khanna's www.immigration.com and other threads that we EBs' visit.
The more flowers they get the better.
Can someone post this in other forums too. Like Rajiv Khanna's www.immigration.com and other threads that we EBs' visit.
The more flowers they get the better.
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simple1
05-04 11:24 PM
wow its pouring reds and uncivilised comments for pointing out this. Ok. well i am going to continue anyway!.
That is not me.
http://www.uscis.gov/propub/template.htm?view=document&doc_action=setDoc&doc_keytype=tocid&doc_key=2dae084742aac42ac9134cc4466287e7[/url]
(d) Treatment of Family Members. - A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 101(b)(1) shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c), be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.
same status = denied, paroled etc.
same order of consideration=Priority date which depends on petition for both primary and derivative.
I agree with the above two.
"respective subsection:" here means derivative�s corresponding/respective subsection (family) not primary's or petition's. It is the situation of individual that matters not primary or petition.
Take time to read (b) Preference Allocation for Employment-Based Immigrants.
You will find that the eligibility for EBvisa and quota usage are clearly documented. None other than the primary can use the quota. The ebdependent cannot get an ebvisa. so ebdependent cannot use ebquota.
That is not me.
http://www.uscis.gov/propub/template.htm?view=document&doc_action=setDoc&doc_keytype=tocid&doc_key=2dae084742aac42ac9134cc4466287e7[/url]
(d) Treatment of Family Members. - A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 101(b)(1) shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c), be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.
same status = denied, paroled etc.
same order of consideration=Priority date which depends on petition for both primary and derivative.
I agree with the above two.
"respective subsection:" here means derivative�s corresponding/respective subsection (family) not primary's or petition's. It is the situation of individual that matters not primary or petition.
Take time to read (b) Preference Allocation for Employment-Based Immigrants.
You will find that the eligibility for EBvisa and quota usage are clearly documented. None other than the primary can use the quota. The ebdependent cannot get an ebvisa. so ebdependent cannot use ebquota.
HOPE_GC_SOON
07-21 01:23 PM
Following are details:
PD: 10/05- EB2 I
EAD: Paper File: at TSC: Sent on 4th June.
Receipt date at TSC: June 18th: Check Encashed.
Generic sof LUDon all cases 06/06/08- I donot think, EAD paper file could have reached by 06/6/08. - Not sure of why Soft LUD
July 2nd 07, 485/ap/ead Filer.
thanks
PD: 10/05- EB2 I
EAD: Paper File: at TSC: Sent on 4th June.
Receipt date at TSC: June 18th: Check Encashed.
Generic sof LUDon all cases 06/06/08- I donot think, EAD paper file could have reached by 06/6/08. - Not sure of why Soft LUD
July 2nd 07, 485/ap/ead Filer.
thanks
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delhiguy
07-04 08:07 PM
Send him your resignation.
My labour and I-140 is approved last year and I am working with current employer from last 1 and half years. Employer is making good money trough me.
As now the dates are current, my employer is trying to exploit me.
He is not responding to my mails, and not picking my phone.
Last modified message which I got from him is that:
The whole financials for the company changes with filing 485 for you immediately. So, it is definitely a loss for company to process your 485 immediately.
you need to come with items that you are ready to compromise in return; so that the company also benefits by helping you."
I am very much in tension and he is talking to me.
Can someone suggest what may be the option for me?
My labour and I-140 is approved last year and I am working with current employer from last 1 and half years. Employer is making good money trough me.
As now the dates are current, my employer is trying to exploit me.
He is not responding to my mails, and not picking my phone.
Last modified message which I got from him is that:
The whole financials for the company changes with filing 485 for you immediately. So, it is definitely a loss for company to process your 485 immediately.
you need to come with items that you are ready to compromise in return; so that the company also benefits by helping you."
I am very much in tension and he is talking to me.
Can someone suggest what may be the option for me?
more...
IfYouSeekAmy
02-01 12:25 PM
:D
2012??? - According to the Mayan calendar the 2012 will bring the doomsday !!!! :D
I have been thinking in similar lines for quite sometime now. I have decided to wait till September 2012 to see if dates reach my PD which is October 2007.
If not i am strongly looking at New Zealand too...At least for me i want to work/live in a western country as locums and relax in India when i am off...I dont see myself working in India full time, at least not at this point.
This may not work for most folks but being in Health Care, i have this option.
I wish you the very best !
2012??? - According to the Mayan calendar the 2012 will bring the doomsday !!!! :D
I have been thinking in similar lines for quite sometime now. I have decided to wait till September 2012 to see if dates reach my PD which is October 2007.
If not i am strongly looking at New Zealand too...At least for me i want to work/live in a western country as locums and relax in India when i am off...I dont see myself working in India full time, at least not at this point.
This may not work for most folks but being in Health Care, i have this option.
I wish you the very best !
msp1976
10-16 01:23 PM
Last sentence in this article: "However, given the anticipated difficulty in reaching an agreement on comprehensive reform, SKIL Act supporters likely must find an alternative legislative vehicle during the lame-duck session to pass limited relief for highly-educated workers."
What alternative legislative vehicle are they talking about?
Adding a few clauses to one of the appropriations bills maybe...
The only bills scheduled to get through would be the essential spending bills..
What alternative legislative vehicle are they talking about?
Adding a few clauses to one of the appropriations bills maybe...
The only bills scheduled to get through would be the essential spending bills..
more...
nogreen4decade
08-31 03:41 PM
I really like this idea.... Actually if north Indians didn't rule Central government in India for such a long time (before PV Narasimha Rao), south Indians would be better off in India itself !!! Then north Indians would be citizens of USA in no time, and South Indians (in India) would have been happy about it!!!
Either way, get well soon!
USCIS should seperate North Indians and South Indians - We are soooo very different anyways ..... Different language - different look - different food ..... That way all of us North Indians will get our GC sooner :D
Either way, get well soon!
USCIS should seperate North Indians and South Indians - We are soooo very different anyways ..... Different language - different look - different food ..... That way all of us North Indians will get our GC sooner :D
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texcan
09-13 12:53 PM
Everyone,
It will be a great help for everyone, if you all update
case information in signature.
Information helps get a perspective to others who are reading it,
all info in one shot.
Please Please Please update your signature and add it to posts.
It will be a great help for everyone, if you all update
case information in signature.
Information helps get a perspective to others who are reading it,
all info in one shot.
Please Please Please update your signature and add it to posts.
more...
pooja_34
08-31 04:33 PM
Wow - I'm already shaking in my boots .... Why dont you pm me your contact info and I'll call you and give you mine :)
note to admins: Please track down the ip address of this person. I'm gonna sue this person and i am dead serious. Please pm me with this person's ip address and i'll make sure i'll take action against him/her.
note to admins: Please track down the ip address of this person. I'm gonna sue this person and i am dead serious. Please pm me with this person's ip address and i'll make sure i'll take action against him/her.
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english_august
07-10 04:53 PM
In the past week, the "Protest Blooms" campaign notched up the following wins:
Times of India article
Buzz in the blogosphere
Attention from many attorney websites and blogs
Had a Washington Post journalist show interest in our issue and had tens of our members talk to her - which should result in a good article. How many times have we seen so many regular members of IV being able to speak to a reporter of a mainstream US publication on our issues?
Had a senior Reuters editor talk to many of us and he promised a sustained coverage of our issues
Had a senior reporter from New York Times talk to me
Had the footage of this entire event shown on CNN in India
Had many small media outlets which never cover these kind of issues, cover it (in smaller towns in MN and NY)
Created a sense of action in the community which was feeling pretty dejected after the USCIS fiasco
Had USCIS director react to us
Had so much interest generated that the IV website was brought down J
Brought a great deal of attention to IV (see previous point)And all this was accomplished with a severe time crunch. The grassroots effort involved in this campaign was unbelievable - thanks to everyone who kept the faith.
Was the point of this campaign to have our flowers be decorated on the desk of the director of USCIS? I don't think so. The word again was "symbolic" and that purpose is served whether the flowers are in boxes or in full view of the world.
Would it have made for better visuals if the flowers were in full view? Sure. Is there a way to improve upon every campaign? Sure.
Let us learn from what went right and what went wrong and use this to better execute all future events.
Times of India article
Buzz in the blogosphere
Attention from many attorney websites and blogs
Had a Washington Post journalist show interest in our issue and had tens of our members talk to her - which should result in a good article. How many times have we seen so many regular members of IV being able to speak to a reporter of a mainstream US publication on our issues?
Had a senior Reuters editor talk to many of us and he promised a sustained coverage of our issues
Had a senior reporter from New York Times talk to me
Had the footage of this entire event shown on CNN in India
Had many small media outlets which never cover these kind of issues, cover it (in smaller towns in MN and NY)
Created a sense of action in the community which was feeling pretty dejected after the USCIS fiasco
Had USCIS director react to us
Had so much interest generated that the IV website was brought down J
Brought a great deal of attention to IV (see previous point)And all this was accomplished with a severe time crunch. The grassroots effort involved in this campaign was unbelievable - thanks to everyone who kept the faith.
Was the point of this campaign to have our flowers be decorated on the desk of the director of USCIS? I don't think so. The word again was "symbolic" and that purpose is served whether the flowers are in boxes or in full view of the world.
Would it have made for better visuals if the flowers were in full view? Sure. Is there a way to improve upon every campaign? Sure.
Let us learn from what went right and what went wrong and use this to better execute all future events.
more...
desi3933
06-28 11:47 AM
desi,
All the points you mentioned are valid and sensible from a business perspective.
In case, you didn't read, I said valid legal reasons.
Here is text from my post
Many reasons. Pick any one of you choice.
1. Employer does not want file H-1B this year at all.
2. Employer already has 15% workforce on H-1B and does not want to become H-1B dependent employer.
3. This job is permanent and H-1B can be filed only for temporary jobs.
H-1B Specialty (Professional) Workers (http://www.foreignlaborcert.doleta.gov/h-1b.cfm) The H-1B program allows an employer to temporarily employ a foreign worker in the U.S. on a nonimmigrant basis in a specialty occupation or as a fashion model of distinguished merit and ability.
4. H-1B quota is over (if applicable) and employee is on F1 OPT.
5. In past, many H1-B has been rejected by USCIS for this job position.
6. The job does not qualify as specialty occupation under H-1B
All of these reasons are valid legal reasons. One more time, valid legal reasons.
All the points you mentioned are valid and sensible from a business perspective.
In case, you didn't read, I said valid legal reasons.
Here is text from my post
Many reasons. Pick any one of you choice.
1. Employer does not want file H-1B this year at all.
2. Employer already has 15% workforce on H-1B and does not want to become H-1B dependent employer.
3. This job is permanent and H-1B can be filed only for temporary jobs.
H-1B Specialty (Professional) Workers (http://www.foreignlaborcert.doleta.gov/h-1b.cfm) The H-1B program allows an employer to temporarily employ a foreign worker in the U.S. on a nonimmigrant basis in a specialty occupation or as a fashion model of distinguished merit and ability.
4. H-1B quota is over (if applicable) and employee is on F1 OPT.
5. In past, many H1-B has been rejected by USCIS for this job position.
6. The job does not qualify as specialty occupation under H-1B
All of these reasons are valid legal reasons. One more time, valid legal reasons.
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JazzByTheBay
09-28 04:36 PM
Given the number of questions and concerns IV members have about AC21 in general and "what after EAD/AP", it makes sense to coordinate with USCIS (and lawmakers if required) on this and get some favorable responses that allay everyone's concerns.
If EAD+AP are like a "provisional GC", USCIS should perhaps not delve too much into the job description of work done after the 180 days past AOS filing, imo. Just as in the case of GCs, the bar of intent to be employed in that job is met by working for that employer for 90-180 days (the latter to be on the safe side). The only reason this is such a huge issue is because of the unreasonable waiting time induced on the GC process due to retrogression.
As a result, folks from retrogression-affected countries suffer from these anxities, whereas those from unaffected countries get their GCs, and are free birds after the 90-180 day period.
It's unreasonable to expect folks from retrogressed countries to be employed in the same position, or to otherwise limit their options by imposing restrictions of new job being the same job description as the one on the approved labor cert.
jazz
First there is not enough AC21 cases to give feed back how their 485s were handled (approved/detail of RFE/denied) due to job change. Becase, almost all guys who used ac21 still in waiting game due to retrogression.
The main thing what I see here is, USCIS has not yet published the final regulation to interpret AC21 act, even after 7 years of passing AC21 act. They are issuing internal field office memo. These memos are non-binding. In other words, one cannot firmly relay on memos or challange the USCIS decision on AC21 portability according to these memos.
However, sofar, these memos are very favorable to workers, including allowing self-employment, one can port even before 140 approval ect...However, USCIS were cautioning in each memos, that the final regulation may be restrictive than memos. If they took restrictive position in final regulation, it will be a huge problem for most peoples, as they might have violated the final regulation.
Another issue is, definition of "same or similar occupational classification". This is going to be very subjective based on how uscis adjudicator going to compare old and new jobs. The memo says by comparing job duties both old and new jobs and based on SOC or ONET code of old and new job they have to decide both jobs are same or similar. As there is no clear regulation it is big issue to go howmuch level of similarity between jobs. For example one guy may think "database administrator" and "network administrator" are similar job to port. The USCIS may think it may not. It is not quantified.
I feel IV should advocate on liberal/quantifyable defintion for similar jobs in AC21 interpretation. For example, all computer professional jobs should be considered as similar jobs as well as all engineering jobs should be considered similar to port. For example mining engineer can port to chemical engineer job etc...
Also, if any one port to self employment in similar job, there is no much information available wheter one should open a company in his/her name or not (by just working in 1099 etc.. for multiple positions). This needs to have a flexible option for workers, like one can work in 1099 w/o opening a bussiness.
Also, IV should advocate on not to have any restrictive interpretation in final regulation.
If EAD+AP are like a "provisional GC", USCIS should perhaps not delve too much into the job description of work done after the 180 days past AOS filing, imo. Just as in the case of GCs, the bar of intent to be employed in that job is met by working for that employer for 90-180 days (the latter to be on the safe side). The only reason this is such a huge issue is because of the unreasonable waiting time induced on the GC process due to retrogression.
As a result, folks from retrogression-affected countries suffer from these anxities, whereas those from unaffected countries get their GCs, and are free birds after the 90-180 day period.
It's unreasonable to expect folks from retrogressed countries to be employed in the same position, or to otherwise limit their options by imposing restrictions of new job being the same job description as the one on the approved labor cert.
jazz
First there is not enough AC21 cases to give feed back how their 485s were handled (approved/detail of RFE/denied) due to job change. Becase, almost all guys who used ac21 still in waiting game due to retrogression.
The main thing what I see here is, USCIS has not yet published the final regulation to interpret AC21 act, even after 7 years of passing AC21 act. They are issuing internal field office memo. These memos are non-binding. In other words, one cannot firmly relay on memos or challange the USCIS decision on AC21 portability according to these memos.
However, sofar, these memos are very favorable to workers, including allowing self-employment, one can port even before 140 approval ect...However, USCIS were cautioning in each memos, that the final regulation may be restrictive than memos. If they took restrictive position in final regulation, it will be a huge problem for most peoples, as they might have violated the final regulation.
Another issue is, definition of "same or similar occupational classification". This is going to be very subjective based on how uscis adjudicator going to compare old and new jobs. The memo says by comparing job duties both old and new jobs and based on SOC or ONET code of old and new job they have to decide both jobs are same or similar. As there is no clear regulation it is big issue to go howmuch level of similarity between jobs. For example one guy may think "database administrator" and "network administrator" are similar job to port. The USCIS may think it may not. It is not quantified.
I feel IV should advocate on liberal/quantifyable defintion for similar jobs in AC21 interpretation. For example, all computer professional jobs should be considered as similar jobs as well as all engineering jobs should be considered similar to port. For example mining engineer can port to chemical engineer job etc...
Also, if any one port to self employment in similar job, there is no much information available wheter one should open a company in his/her name or not (by just working in 1099 etc.. for multiple positions). This needs to have a flexible option for workers, like one can work in 1099 w/o opening a bussiness.
Also, IV should advocate on not to have any restrictive interpretation in final regulation.
more...
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qplearn
12-10 09:43 AM
What we need is a interim EB bill.
The first stpes may be to indentify all non-contraversial issues and then come to a common understanding on those..
To summarize a discussion with Tito, Rajeev, and go_gc_way on another thread: we should ask for 3 non-controversial things first. We can, if we need to, ask for more things in Step 2.
1. Ability to file for I-485 without current PD.
2. A renewable EAD of 5 yrs.
3. Recapture of unused visas from previous yrs (only if this is not controversial).
Guys and gals, a silver medal is better than a gold medal. The SKIL bill is a gold medal, but the bottomline is we did not win any medal on Friday. Also, I support nycgal's opinion on re-evaluation of our lobbying partner.
The first stpes may be to indentify all non-contraversial issues and then come to a common understanding on those..
To summarize a discussion with Tito, Rajeev, and go_gc_way on another thread: we should ask for 3 non-controversial things first. We can, if we need to, ask for more things in Step 2.
1. Ability to file for I-485 without current PD.
2. A renewable EAD of 5 yrs.
3. Recapture of unused visas from previous yrs (only if this is not controversial).
Guys and gals, a silver medal is better than a gold medal. The SKIL bill is a gold medal, but the bottomline is we did not win any medal on Friday. Also, I support nycgal's opinion on re-evaluation of our lobbying partner.
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delhiguy
07-04 08:08 PM
No use in getting exploited, Its you life , resign and get another job.
I worked with a MNC for 4 yr 10 months at US soil and they ruined my GC saying that they want me more at Offshore (India ).... I got intelligence about this planning about 3 months earlier from a real good friend of mine ... So i arranged a H1B Job with a Desi consulting company in this 3 months and when they asked me to go back To India - you know what finger i've shown them.
Now this desi consulting company kept their words with salary,applied for LC quickly( because my H1 was close to 6 yrs) and i'm with them for 2.5 yrs . Now when i reached them for a employer letter for 485 they changed colors and asked me to sign a 10K bond for staying with them 1 year after GC ( which is an indeterminate period given retrogression)
Which employer would you call better ?? :)
I worked with a MNC for 4 yr 10 months at US soil and they ruined my GC saying that they want me more at Offshore (India ).... I got intelligence about this planning about 3 months earlier from a real good friend of mine ... So i arranged a H1B Job with a Desi consulting company in this 3 months and when they asked me to go back To India - you know what finger i've shown them.
Now this desi consulting company kept their words with salary,applied for LC quickly( because my H1 was close to 6 yrs) and i'm with them for 2.5 yrs . Now when i reached them for a employer letter for 485 they changed colors and asked me to sign a 10K bond for staying with them 1 year after GC ( which is an indeterminate period given retrogression)
Which employer would you call better ?? :)
more...
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w_peace
03-22 01:07 PM
I understand and I have been there. I can tell you one thing, FIGHT them. Don't sit and wait, write, call, contact DHS, USCIS, your local Congress person, contact ACLU.org, some non profit organizations who have been helping immigrants like you and I.
It depends what type of application you have one thing for sure, DON"T GIVE UP
Take care
Well, I am TOO depressed about the BEC performance. I know too many people are in same situation but I find myself "helpless" and at least i want to SCREAM......:mad:
It depends what type of application you have one thing for sure, DON"T GIVE UP
Take care
Well, I am TOO depressed about the BEC performance. I know too many people are in same situation but I find myself "helpless" and at least i want to SCREAM......:mad:
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GCEB2
09-03 10:43 AM
Did you receive teh physical cards by now?
My Case:
08/12/08 - Approval Notice Sent message (This is the only message I got)
08/18/08 - Received the Approval notice by post
No cards till now...:confused:
I am in the same situation
08/12/08 - Approval sent email
08/18/08 - Received the Approval notice by post
No welcome notice or card
No updates.....
My Case:
08/12/08 - Approval Notice Sent message (This is the only message I got)
08/18/08 - Received the Approval notice by post
No cards till now...:confused:
I am in the same situation
08/12/08 - Approval sent email
08/18/08 - Received the Approval notice by post
No welcome notice or card
No updates.....
more...
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SunnySurya
08-18 02:39 PM
That is absolutely correct!I thought SunnySurya is talking about Processing application based on Priority dates which is applicable to Any Employement or Even family categories, with respect to Quota for that catagories..
So guys hang on Your swords. Its not EB3 or EB2 or EB1.
So guys hang on Your swords. Its not EB3 or EB2 or EB1.
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SGP
11-17 04:47 PM
Sent Once again from my spouse's email ;)
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Macaca
07-20 08:41 AM
Some should be feeling really guilty for using IV and not contributing till now. Come out the stingy attitude and help.
I can not believe that you have such short memory. Does super ASS msyedy ring a bell?
msyedy had no guilty feeling AT ALL. He was standing by principles. Go figure!
I can not believe that you have such short memory. Does super ASS msyedy ring a bell?
msyedy had no guilty feeling AT ALL. He was standing by principles. Go figure!
jkays94
05-02 08:23 PM
Looks like SKIL Bill has been assigned a number. I can't search it on Thomas though.
http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/87bc9c5e0e20eae085257162006a03c8?OpenDocument
This appears to be the reason why :
The text of S2691 has not yet been received from GPO
Bills are generally sent to the Library of Congress from the Government Printing Office a day or two after they are introduced on the floor of the House or Senate. Delays can occur when there are a large number of bills to prepare or when a very large bill has to be printed.
http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/87bc9c5e0e20eae085257162006a03c8?OpenDocument
This appears to be the reason why :
The text of S2691 has not yet been received from GPO
Bills are generally sent to the Library of Congress from the Government Printing Office a day or two after they are introduced on the floor of the House or Senate. Delays can occur when there are a large number of bills to prepare or when a very large bill has to be printed.
vaishnavilakshmi
07-06 10:05 PM
Hi all,
Our papers were mailed on 29th june 2007 by overnight mail and reached USCIS(Nebraska) on 30th june 2007.
EB3,priority date
vaishu
Our papers were mailed on 29th june 2007 by overnight mail and reached USCIS(Nebraska) on 30th june 2007.
EB3,priority date
vaishu
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