amitjoey
05-23 06:47 PM
Any reason why we arent considering the 2008 presidential candidates in our email campaign?
Go ahead and send them as well, after you are done sending the first 2 (your state) and the 10 other priority senators.
Go ahead and send them as well, after you are done sending the first 2 (your state) and the 10 other priority senators.
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balakishore
07-20 10:27 AM
Could some one please tell me on how to contribute for this issue ?
I am ready to contribute a little.
I hope everybody will contribute a little, so that AMAN will come out of this issue.
--Balakishore
( Contributed $100 till today )
I am ready to contribute a little.
I hope everybody will contribute a little, so that AMAN will come out of this issue.
--Balakishore
( Contributed $100 till today )
cchaitu
10-04 06:27 PM
^^^^^^^^^^^
As this is my crucial time of my life, anyone from our IV members please help/Advice
Q1) I understand that, there is no need to inform USCIS about our changing jobs using AC21, In my case my company provided their own Lawyer. How can I change that lawyer to my personal lawyer (I signed G28 for current lawyer)
Q2) Is it advisable to move forward with out a lawyer, if I decide not to inform USCIS about my job change using AC21 OR is it always advisable to go with lawyer (share your experiences)
Q3) If I want to represent my case on my own after AC21 (Signed G28 with current lawyer), How should I do that, When should I inform USCIS about this (before the AC21 kicks in -how much in advance)
Q4) If the 140 is approved, 180 days from 485 is passed, does employer still have a right/chance to revoke/deny the I140??? (I heard a rumor that it is possible)
Q5) Is that possible, If I call USCIS that they will verify my I 140 information � Because my employer never provided me with approved I 140 copy � I have only receipt number
Please advice - Thanks in advance
As this is my crucial time of my life, anyone from our IV members please help/Advice
Q1) I understand that, there is no need to inform USCIS about our changing jobs using AC21, In my case my company provided their own Lawyer. How can I change that lawyer to my personal lawyer (I signed G28 for current lawyer)
Q2) Is it advisable to move forward with out a lawyer, if I decide not to inform USCIS about my job change using AC21 OR is it always advisable to go with lawyer (share your experiences)
Q3) If I want to represent my case on my own after AC21 (Signed G28 with current lawyer), How should I do that, When should I inform USCIS about this (before the AC21 kicks in -how much in advance)
Q4) If the 140 is approved, 180 days from 485 is passed, does employer still have a right/chance to revoke/deny the I140??? (I heard a rumor that it is possible)
Q5) Is that possible, If I call USCIS that they will verify my I 140 information � Because my employer never provided me with approved I 140 copy � I have only receipt number
Please advice - Thanks in advance
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qplearn
10-25 07:49 PM
If skill bill is passed in the same form as it is Americans will be alarmed seeing the inflow based on exemption of US based Master degree and STEM. Not only to Americans it is threat for current H1s and green card holders as well. The problem is those who have money in India can get admission in USA MS degree in any non standard college(I do not think INS can evaluate whether it is standard or not). So atleast 4 times of current MS students will come and they will get h1(I think Ms people has exemption in quota) thro Desi consultants by paying Money and get green card immeditely. This will defeat the purpose of skill bill itself. And also India so many people are doing MSC they can get gc easily here(As we know Indians or anyone will use loopholes to come here and get gc). If immigration is increased so much then it will impact all kinds of exsisting people. I think there should be control in number of h1s and also green cards. I am clear that both H1 and green card numbers should be increased but blanket exemption should not be given any category especially for H1. There were a situation on 2000 and 2001 lot of people returned India because of too much supply and Americans were angry with immigrants at that time especially H1 because they were laid off.
So basically increase of immigration should be based on supply and demand . The purpose of Labour certification is to verify whether any american is rejected for that job. But that is now just formal and real test is not done(it is not possible to do it. If they do it it will take years to clear). I think if they double number of gcs the retrogession issue will be resolved for atleast another 5 years
What standards are you talking about? All the universities in the US are standard and all are non-standard at the same time. There are no legally accepted ways to define what is standard. Also, the GMAT or GRE or TOEFL are not necessarily indicators of admitting brilliant students. Several ABET accredited departments in engineering schools do not require GRE scores! And yet they are ABET accredited. So this argument makes little sense. (Somehow I think, we've discussed this before :))
As purgan pointed out, the market forces have made this a great country. Even if you have an MS or Ph.D., but if you have no job, you are not going to get a GC; but that has always been the case. I don't know that you can get a job by paying a desi consultant 20K. If that is happening, the law will take corrective action, as it invariably does in this country fortunately. So there is no reason to worry about that provision in the SKIL bill.
But I do agree that it may be easier to get something like doubling the number of GCs temporarily, rather than a blanket provision, passed. (That is like increasing the queue capacity during rush hour and bringing it back to normal levels when the traffic intensity reduces.) But if we increase the H1B quota and only double the number of GCs, we will have an intractable situation.
So basically increase of immigration should be based on supply and demand . The purpose of Labour certification is to verify whether any american is rejected for that job. But that is now just formal and real test is not done(it is not possible to do it. If they do it it will take years to clear). I think if they double number of gcs the retrogession issue will be resolved for atleast another 5 years
What standards are you talking about? All the universities in the US are standard and all are non-standard at the same time. There are no legally accepted ways to define what is standard. Also, the GMAT or GRE or TOEFL are not necessarily indicators of admitting brilliant students. Several ABET accredited departments in engineering schools do not require GRE scores! And yet they are ABET accredited. So this argument makes little sense. (Somehow I think, we've discussed this before :))
As purgan pointed out, the market forces have made this a great country. Even if you have an MS or Ph.D., but if you have no job, you are not going to get a GC; but that has always been the case. I don't know that you can get a job by paying a desi consultant 20K. If that is happening, the law will take corrective action, as it invariably does in this country fortunately. So there is no reason to worry about that provision in the SKIL bill.
But I do agree that it may be easier to get something like doubling the number of GCs temporarily, rather than a blanket provision, passed. (That is like increasing the queue capacity during rush hour and bringing it back to normal levels when the traffic intensity reduces.) But if we increase the H1B quota and only double the number of GCs, we will have an intractable situation.
more...
nepaliboy
05-21 06:06 PM
Hi,
Why did you have to pay $25? Is it for any official fees? Did you get a receipt for that 25$?
Just curious.
GCCovet
because my appointment date is may 28th , he asked if i will pay for him he will do that today so i did
Why did you have to pay $25? Is it for any official fees? Did you get a receipt for that 25$?
Just curious.
GCCovet
because my appointment date is may 28th , he asked if i will pay for him he will do that today so i did
pooja_34
09-01 02:22 PM
I thought you were going to contact me in order to sue me ... As usual - another coward South Indian .....
Ignore her. She dozn't deserve a response...Seems to be a mental case
Ignore her. She dozn't deserve a response...Seems to be a mental case
more...
ramaonline
05-11 12:30 PM
On h1b u can start any business as long as the investment is passive. (something like investing in stocks, real estate etc) You cannot actively work for your business. The same applies to h4.
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rdehar
10-08 02:37 PM
I applied for the first time in 2001, and then in 2005 (due to relocation) and ended up at the backlog center. Another relocation and now my PD is March 2007, and these recent wannabes want Perm approved in 1 month, I-140 premium processing in few days and then onto I-485 which should be current with no retrogression. Amen !! When do you want the USCIS to bend over for you?
Very well said.
Can't stop laughing.
Very well said.
Can't stop laughing.
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hx82
11-17 07:48 PM
done....
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logiclife
06-22 03:56 PM
Giving Pay stubs instead of FUTURE employment letter ?
That may be a RFE and then eventually you have to give that letter and do more bargaining with your employer...
You wont neccesarily get RFE for omitting the employer's letter. Your 485 CAN GET DENIED.
YOU NEED EMPLOYER'S LETTER THAT STATES THE INTENTION OF HIRING WHEN GC IS APPROVED. Otherwise, as per USCIS memo recently issued, the officer can simply deny the 485 without bothering the send you an RFE to explain the missing document.
The recent memo says that if the "INTIAL EVIDENCE" is missing, then the petition can be denied outrightly without having to send the RFE.
Read this memo page 2 item # 3 :
http://www.uscis.gov/files/pressrelease/RFEFinalRule060107.pdf
Also, read the filing instructions on form I 485. The employer's letter is listed under "Initial evidence" list.
That may be a RFE and then eventually you have to give that letter and do more bargaining with your employer...
You wont neccesarily get RFE for omitting the employer's letter. Your 485 CAN GET DENIED.
YOU NEED EMPLOYER'S LETTER THAT STATES THE INTENTION OF HIRING WHEN GC IS APPROVED. Otherwise, as per USCIS memo recently issued, the officer can simply deny the 485 without bothering the send you an RFE to explain the missing document.
The recent memo says that if the "INTIAL EVIDENCE" is missing, then the petition can be denied outrightly without having to send the RFE.
Read this memo page 2 item # 3 :
http://www.uscis.gov/files/pressrelease/RFEFinalRule060107.pdf
Also, read the filing instructions on form I 485. The employer's letter is listed under "Initial evidence" list.
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guy03062
07-06 07:44 PM
30th June.
Hey when have u mailed ur papers?????29thjune or 30th june and when is ur PD?
vaishhu
Hey when have u mailed ur papers?????29thjune or 30th june and when is ur PD?
vaishhu
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acecupid
07-03 01:30 PM
Admins this a great concept to protest, how about making this thread sticky. This protest can continue for weeks.
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marlon2006
06-21 11:36 PM
Wait until November for Democrats to gain control ?
I am sorry, but that is the opposite of what 4 recent elections have shown. In spite of Republicans bad reputation, the American people seem to have replaced incumbents based on their position on illegal immigration/amnesty, not necessarily on their party. Those of us waiting to see Democrats regaining control may be heading towards a disappointment. I am not sure if others understand what we are up against. That's exactly what members of the House want:if you wait after November, more likely than not a number of incumbents may be kicked out of the office. Then it would be easier to pass a House enforcement bill.
Is the only hope. Reality is that we have to wait for November and hope that Democrats will gain power at the House. Is important to undestand that only the conservative repubblican are blocking and killing the bill. We have to hope for the Democrats to gain control.
I am sorry, but that is the opposite of what 4 recent elections have shown. In spite of Republicans bad reputation, the American people seem to have replaced incumbents based on their position on illegal immigration/amnesty, not necessarily on their party. Those of us waiting to see Democrats regaining control may be heading towards a disappointment. I am not sure if others understand what we are up against. That's exactly what members of the House want:if you wait after November, more likely than not a number of incumbents may be kicked out of the office. Then it would be easier to pass a House enforcement bill.
Is the only hope. Reality is that we have to wait for November and hope that Democrats will gain power at the House. Is important to undestand that only the conservative repubblican are blocking and killing the bill. We have to hope for the Democrats to gain control.
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desi3933
06-28 10:11 PM
Employers can (at least they do) discriminate EAD holders. Here is an example and related link:
Fog Creek Software - Intern in Software Development (http://www.fogcreek.com/Jobs/SummerIntern.html)
"Permanent legal right to work in the United States. Because student visas (J1, F1, etc) are time-limited, we regret that we can't consider interns on student visas."
They key word here is "Permanent legal right to work in the United States". EADs (485 based EAD as well as F1 based EADs) have a limit of 1 year/2 year/29 months etc. Based on this Fog Creek Software will not hire an EAD holder. Can we do some thing about this blatant violation of the law?
As per I-9 form
The refusal to hire an individual because the documents presented have a future expiration date may also constitute illegal discrimination.
Any person wrongly discriminated due to EAD expiration date has the option of seeking claims for damages caused by the other party in court of law. I am not aware of any case involving such facts.
___________________
Not a legal advice
Fog Creek Software - Intern in Software Development (http://www.fogcreek.com/Jobs/SummerIntern.html)
"Permanent legal right to work in the United States. Because student visas (J1, F1, etc) are time-limited, we regret that we can't consider interns on student visas."
They key word here is "Permanent legal right to work in the United States". EADs (485 based EAD as well as F1 based EADs) have a limit of 1 year/2 year/29 months etc. Based on this Fog Creek Software will not hire an EAD holder. Can we do some thing about this blatant violation of the law?
As per I-9 form
The refusal to hire an individual because the documents presented have a future expiration date may also constitute illegal discrimination.
Any person wrongly discriminated due to EAD expiration date has the option of seeking claims for damages caused by the other party in court of law. I am not aware of any case involving such facts.
___________________
Not a legal advice
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desi3933
07-10 10:57 AM
Link to EB-1 case where I-140 was denied because job offered was not "permanent".
Link
http://www.uscis.gov/err/B3%20-%20Outstanding%20Professors%20and%20Researchers/Decisions_Issued_in_2004/MAR232004_01B3203.pdf
As per this document
Pursuant to regulations at 8 C.F.R. 9 204.5(i)(2), "permanent," in reference to a research position, means either tenured, tenure-track, or for a term of indefinite or unlimited duration, and in which the employee will ordinarily have an expectation of continued employment unless there is good cause for termination..
Link
http://www.uscis.gov/err/B3%20-%20Outstanding%20Professors%20and%20Researchers/Decisions_Issued_in_2004/MAR232004_01B3203.pdf
As per this document
Pursuant to regulations at 8 C.F.R. 9 204.5(i)(2), "permanent," in reference to a research position, means either tenured, tenure-track, or for a term of indefinite or unlimited duration, and in which the employee will ordinarily have an expectation of continued employment unless there is good cause for termination..
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Karthikthiru
10-08 12:59 PM
I came to US in 1996 as a student and graduated in 1999. Since then I have switched jobs and I am currently with a Priority date of oct, 2006(EB2). Even within this employer first they filed under EB3 even though it could have been filed under EB2 (Not becasue they are bad - becasue the employer don't know much about immigration). After I requested the employer, they filed a new labor on Oct, 2006. So if the priority date is based on the years of experience, it will be nice for me. But the main issue that all of us are facing is VISA availabilty. If this can be taken care, all of the issues will be taken care
Overall the current immigration system is screwed-up. It really needs a major change. That is the main problem
Thanks
Karthik
having been in the US since 2001, losing out my LC/PD to the dot-com bust and finally ending up with a PD of 2006, I second that. PD should be based on number of years of experience or years of stay in the US or amount of taxes paid till now or something like that.
In any case what we WANT is very different from what we usually get from this immigration system and there are bigger more important battles for IV to fight. Look, if there is no retrogression PD almost does not matter!! THATS the right fix. END RETROGRESSION!
Overall the current immigration system is screwed-up. It really needs a major change. That is the main problem
Thanks
Karthik
having been in the US since 2001, losing out my LC/PD to the dot-com bust and finally ending up with a PD of 2006, I second that. PD should be based on number of years of experience or years of stay in the US or amount of taxes paid till now or something like that.
In any case what we WANT is very different from what we usually get from this immigration system and there are bigger more important battles for IV to fight. Look, if there is no retrogression PD almost does not matter!! THATS the right fix. END RETROGRESSION!
more...
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nogreen4decade
08-31 03:48 PM
Some racists could have intelligence! I am hesitant to put you in that category yet... So I wouldn't call you racist yet.... But may be an Ignorant for now ;-).... Prove it and work your way up to racist !!! You already have an advantage to become a racist with that mindset.
How am I being a racist? I'm just pointing out the fact that North and South Indians belong to different races and USCIS should stop clubbing them together.
How am I being a racist? I'm just pointing out the fact that North and South Indians belong to different races and USCIS should stop clubbing them together.
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simple1
04-30 11:09 PM
This is my first post.
My Employer's Inhouse Attorney ( one of big 4 ) says technically EB dependents ( all 1,2,3) must be classified under FAMILY quota. USCIS mis classifies them under EMPLOYMENT quota.
Is he technically correct ?
Since, Most of dependents will not be affected when they are classified under Family quota (as they have AP and EAD).
Can IV possibly consider for push for reclassification of Dependents under Family Quota ? This will reduce backlog.
Please don't take it out of context, I am not trying to hurt any EB dependents, I too have a spouse working part time using beneficiary EAD. This is more of an open question.
My Employer's Inhouse Attorney ( one of big 4 ) says technically EB dependents ( all 1,2,3) must be classified under FAMILY quota. USCIS mis classifies them under EMPLOYMENT quota.
Is he technically correct ?
Since, Most of dependents will not be affected when they are classified under Family quota (as they have AP and EAD).
Can IV possibly consider for push for reclassification of Dependents under Family Quota ? This will reduce backlog.
Please don't take it out of context, I am not trying to hurt any EB dependents, I too have a spouse working part time using beneficiary EAD. This is more of an open question.
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sri1309
03-16 10:56 AM
There is very simple reason for this, during 1999-2002 H1B cap was raised to 190,000 even if you make a guess on the lower side more than 50% of these H1Bs went to Indians, so atleast 200,000 Indians entered US between 1999 when these people filed their Green Cards most of them filed under EB-3, b'cause retrogression wasn't there and everthing was current, lot of people, who were in the states where labor took less time, kept getting their green cards, in the meantime a huge chunk of people from states like NJ, NY, TX, CA got stuck at the labor stage with PD in 2000 and up. So basically lot of 2002 & above got cleared but these people with older PDs were stuck. Now when these Labors are cleared, with just 3300 Green Card numbers every year, it'll take 20 years or more for EB-3 cut-off dates to move to 2009.
Good discussion.
But even if it was 65000, from India, I'm sure most of them took a big slice, lets say 30%= 20,000 H1 visas. And did the 7% quota formula might have existed at that time too. If so, even then there must be quite a big line. Why were things current at any point. Were they just processing very fast without any attention to quota formula and then they woke up?
Good discussion.
But even if it was 65000, from India, I'm sure most of them took a big slice, lets say 30%= 20,000 H1 visas. And did the 7% quota formula might have existed at that time too. If so, even then there must be quite a big line. Why were things current at any point. Were they just processing very fast without any attention to quota formula and then they woke up?
dtekkedil
07-03 01:05 PM
should we also try another vendor just to diversify the risk of this one deciding not to deliver. I will do some research to see which others a re available.
Any vendor and any flowers are fine! As long as the delivery date, address and the message are the same -
July 10th delivery
Addressed to:
Emilio T. Gonzalez
20 Massachusetts Avenue, NW
Washington, D.C. 20529
Phone number: 202-307-1565
"Sympathy" theme with the message - "All the best for future Employment Based visa estimates"
If our members can post links to other vendors and flowers it will be great! Less work for others!
Any vendor and any flowers are fine! As long as the delivery date, address and the message are the same -
July 10th delivery
Addressed to:
Emilio T. Gonzalez
20 Massachusetts Avenue, NW
Washington, D.C. 20529
Phone number: 202-307-1565
"Sympathy" theme with the message - "All the best for future Employment Based visa estimates"
If our members can post links to other vendors and flowers it will be great! Less work for others!
z029556
09-27 02:14 PM
Hi Guys,
My application was sent on Aug 7th reached USCIS (NSC)on Aug 8th. Recieved my reciept # on Sep 24 from lawyer. But my wife hasn't recieved the RN. Was wondering if any one are in the same boat.
Regards
VJ
My application was sent on Aug 7th reached USCIS (NSC)on Aug 8th. Recieved my reciept # on Sep 24 from lawyer. But my wife hasn't recieved the RN. Was wondering if any one are in the same boat.
Regards
VJ
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