tikka
06-10 09:41 PM
Hi
Since have some down time.. maybe we can try and revive local chapters?
You folks - Jersey was quite active, maybe we can all work together.
Please PM me
thank you
Since have some down time.. maybe we can try and revive local chapters?
You folks - Jersey was quite active, maybe we can all work together.
Please PM me
thank you
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gc_check
04-04 09:09 AM
I hope not. If they ban bodyshops the cap will never run out.
And people in Real companies will be able to get the visas.
Some of the US Companies, listed in NASDAQ / NYSE also provide human resource to Fortune 50 companies and they follow the LAW as requried. I do not think the provision that would prohibit employers from hiring H-1B workers and then outsourcing them to other businesses would be in this the bill, Atleast these businesses will lobby to take it out.
And people in Real companies will be able to get the visas.
Some of the US Companies, listed in NASDAQ / NYSE also provide human resource to Fortune 50 companies and they follow the LAW as requried. I do not think the provision that would prohibit employers from hiring H-1B workers and then outsourcing them to other businesses would be in this the bill, Atleast these businesses will lobby to take it out.
amitgeorge
03-13 11:17 PM
by far the best battle i have seen in recent times
great work
great work
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h1techSlave
02-03 11:32 AM
Sorry to put some damper on your enthusiasm and efforts. But I think it is better if we can get the blessings of IV leadership on our efforts.
It might be difficult to convince them. But only with active support from majority of IVians, we can accomplish some thing.
The Obama administration is boasting on 'Equality amongst unequals', I am going to ask as many lawmakers I can, where is the equality for us, why immigrants are not eqal, where are our human right ? where is our Liberty ? why a Fijian who reports to me got in the country last year and got his green card and I'm waiting for 6 years now...
It might be difficult to convince them. But only with active support from majority of IVians, we can accomplish some thing.
The Obama administration is boasting on 'Equality amongst unequals', I am going to ask as many lawmakers I can, where is the equality for us, why immigrants are not eqal, where are our human right ? where is our Liberty ? why a Fijian who reports to me got in the country last year and got his green card and I'm waiting for 6 years now...
more...
ItIsNotFunny
02-13 01:43 PM
Ash,
I can understand your concerns and frustration. You have taken good amount of time and efforts to draft this.
We all are going through the same pain but need to be carefully for our choice of words. You don't want listeners to be on opposite side of what you are saying just because of bad choice of words and language. What you are mentioning can be drafted in good words (In India we used to call as Sugar Coated).
There are parts of world never give citizenship or too difficult to get perm residency also like Switzerland, Germany to name couple of them. Lets be more objective and decide how we encounter the situation we are in.
I am always promoter of Gandhigiri and second flower campaign. AlbertPinto has started a thread for this. Lets just work on this.
I would like to bring to the notice of your readers, editorial committee and leaders of
the Indian community of a systematic way that (legally) the US Government is practicing
....
driven out of the country which they have loyally served for varying periods of time.....
God Bless America....God Save America from 'some' of its own people.
Thanks.
I can understand your concerns and frustration. You have taken good amount of time and efforts to draft this.
We all are going through the same pain but need to be carefully for our choice of words. You don't want listeners to be on opposite side of what you are saying just because of bad choice of words and language. What you are mentioning can be drafted in good words (In India we used to call as Sugar Coated).
There are parts of world never give citizenship or too difficult to get perm residency also like Switzerland, Germany to name couple of them. Lets be more objective and decide how we encounter the situation we are in.
I am always promoter of Gandhigiri and second flower campaign. AlbertPinto has started a thread for this. Lets just work on this.
I would like to bring to the notice of your readers, editorial committee and leaders of
the Indian community of a systematic way that (legally) the US Government is practicing
....
driven out of the country which they have loyally served for varying periods of time.....
God Bless America....God Save America from 'some' of its own people.
Thanks.
h1-b forever
01-24 09:16 AM
I feel frustrated at some peoples' unwillingness to admit that EB3 needs IV's help now more than ever. They are saying that nothing much can be done for EB3, as INS merely corrected its wrong interpretation in visa allocation
But, if we are all willing to put our hearts and minds to it we can surely come up with new ideas that will help our cause. Surely, laws are written so that justice can happen. So if justice is not happening, the law would have some answer, somewhere.
Let me put forward my idea.
The INA language says that until EB2 is not current, there will be no spillover to EB3. Agreed. But I would contend that this statement is on a year to year basis. That is, if in the year 2002 (for example) all EB2 has been satisfied, then the spillovers should go to year 2002 EB3.
Is this something IV can point out and fight for? Can EB3 members put their money and efforts in this direction? Let me know if this sounds worthwhile
GK,
I think you do have a point. Let me do some research and contact some attorneys as well on this. Will also check with the IV leadership on their thoughts on this point.
Cheers,
Rayoflight
Did anything come of this plan? Is this doable?
But, if we are all willing to put our hearts and minds to it we can surely come up with new ideas that will help our cause. Surely, laws are written so that justice can happen. So if justice is not happening, the law would have some answer, somewhere.
Let me put forward my idea.
The INA language says that until EB2 is not current, there will be no spillover to EB3. Agreed. But I would contend that this statement is on a year to year basis. That is, if in the year 2002 (for example) all EB2 has been satisfied, then the spillovers should go to year 2002 EB3.
Is this something IV can point out and fight for? Can EB3 members put their money and efforts in this direction? Let me know if this sounds worthwhile
GK,
I think you do have a point. Let me do some research and contact some attorneys as well on this. Will also check with the IV leadership on their thoughts on this point.
Cheers,
Rayoflight
Did anything come of this plan? Is this doable?
more...
va_labor2002
07-24 08:47 AM
To the core group/Senior Members,
If I understand it right, the ability to concurrently file I40/I485 was introduced by the legacy INS through a memo in July of 2002 and it went effective almost immediately on July 31st 2002. I've tried to search for news archives on different law websites and to best of my knowledge it was purely an executive decision taken by INS governing body and no congressional or judicial intervention was needed to allow concurrent filing. In a very similar fashion, the new USCIS has indicated that it wants to discontinue concurrent filing in near future...an executive decision again.
Is it a possibility to get an audience with the USCIS director/start a letter campaign with the goal of getting them issue a memo allowing filing of I485/EAD even if the visa number is not available? The adjucation of the case would obviously happen only after visa number becomes available but as we all know this will be a big relief for all those who want to use AC21 provisions.
Passage of CIR/SKIL is very important in the longer run to reduce the overall greencard processing time and alleviate heavy backlogs but if we get this small relief right now it would help a lot of individuals from retrogressed countries waiting to file I485...and the good thing is, it looks like USCIS might have the ability to effect this change without a lengthy legislative process.
Any thoughts ??
I totally agree with you. USCIS can take a decision without any BILL from the congress. I already sent a letter to USCIS director. I think IV should contact USCIS director and ask help regarding retrogression. We ,5000 members, can send letters to USCIS director and WHitehouse. They will listen to us.
Good luck..
If I understand it right, the ability to concurrently file I40/I485 was introduced by the legacy INS through a memo in July of 2002 and it went effective almost immediately on July 31st 2002. I've tried to search for news archives on different law websites and to best of my knowledge it was purely an executive decision taken by INS governing body and no congressional or judicial intervention was needed to allow concurrent filing. In a very similar fashion, the new USCIS has indicated that it wants to discontinue concurrent filing in near future...an executive decision again.
Is it a possibility to get an audience with the USCIS director/start a letter campaign with the goal of getting them issue a memo allowing filing of I485/EAD even if the visa number is not available? The adjucation of the case would obviously happen only after visa number becomes available but as we all know this will be a big relief for all those who want to use AC21 provisions.
Passage of CIR/SKIL is very important in the longer run to reduce the overall greencard processing time and alleviate heavy backlogs but if we get this small relief right now it would help a lot of individuals from retrogressed countries waiting to file I485...and the good thing is, it looks like USCIS might have the ability to effect this change without a lengthy legislative process.
Any thoughts ??
I totally agree with you. USCIS can take a decision without any BILL from the congress. I already sent a letter to USCIS director. I think IV should contact USCIS director and ask help regarding retrogression. We ,5000 members, can send letters to USCIS director and WHitehouse. They will listen to us.
Good luck..
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pappu
04-09 08:43 PM
Old wine tastes good. Does this VB tastes good to you?
:)
:)
more...
nomi
12-11 03:58 PM
USCIS cannot do anything on the matter. INA is clear on the AOS conditions, one of which is "An immigrant visa is IMMEDIATELY available at time of filing for adjustment of status" (INA 245, 8 USC 1225)
INA should be changed which should be done through a legislative process, not through any rule making.
Thank xbohdukc. I think, this door is also close.
INA should be changed which should be done through a legislative process, not through any rule making.
Thank xbohdukc. I think, this door is also close.
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willigetgc?
08-10 10:30 PM
i feel frustrated at some peoples' unwillingness to admit that eb3 needs iv's help now more than ever. They are saying that nothing much can be done for eb3, as ins merely corrected its wrong interpretation in visa allocation
I went to the advocacy days in DC this June, and the biggest push IV was/is making - country cap elimination. The biggest benefactor of this change is EB3 (eb2 will be helped too, but that is how INS preference system works) - again, the biggest benefactor of this legislative change is eb3. IV has been pushing this issue over and over - try reaching out about town hall meetings or any such meetings with lawmakers - and you will figure out how much iv is working on behalf of eb3. Unfortunately, not many eb3 were active until the last 2 vbs. So, please do not say, "nothing much can be done for eb3" or "IV is not working for EB3". Its just that you may not see value in the route that IV is pursuing. It is eb3 members' unwillingness to admit that IV needs grass root help more than ever now.
but, if we are all willing to put our hearts and minds to it we can surely come up with new ideas that will help our cause. Surely, laws are written so that justice can happen. So if justice is not happening, the law would have some answer, somewhere.
Let me put forward my idea.
The ina language says that until eb2 is not current, there will be no spillover to eb3. Agreed. but i would contend that this statement is on a year to year basis. that is, if in the year 2002 (for example) all eb2 has been satisfied, then the spillovers should go to year 2002 eb3.
i am sorry to point this out, but you are looking at this from only your angle. Don't get me wrong, i would probably do the same. Having said that, logically this change will not fly with the uscis - 2 reasons - 1. Your contention that this rule is year to year - flawed contention 2. What does all eb2 satisfied mean? - these arguments will not work. I am not pulling you or the idea down - but simply stating my point of view based on what I know of the law.
is this something iv can point out and fight for? Can eb3 members put their money and efforts in this direction? Let me know if this sounds worthwhile
now a days we are seeing more threads related to spill over allocation interpretation etc, but i have not seen any single post by iv core about this. I am from eb3 community and share the frustration among others.
i remember a time just a few months ago this year, eb2 were complaining about spillover not happening, and iv core disputed it, saying that spillover was happening.
i see a lot of people suggesting to port from eb3 to eb2, instead of wasting time on these discussions. Well, porting is not an option for most of us. It is either because we are working for big companies (who do not want to extra burden) or not able to find a small company which can help us.
just like you are seeing the ground realities of porting from eb3 to eb2, i believe that iv knows the ground reality of proposing new interpretations to the law. I would go a little further in saying that the proposals considered here are changes in the law than changes in the interpretation of the law.
I may be wrong on my thinking, but I do hope you take a suggestion - when reading the INS law, understand it independently first. Then go back to see, if it can be applied on your interpretation. Do not start out with it, everything looks red when wearing red tinted glasses.......
After the advocacy days in DC, I am sold on what IV is offering and its commitment to the EB community. I am EB3 too and I am pretty much in the same boat as many of you here.
I went to the advocacy days in DC this June, and the biggest push IV was/is making - country cap elimination. The biggest benefactor of this change is EB3 (eb2 will be helped too, but that is how INS preference system works) - again, the biggest benefactor of this legislative change is eb3. IV has been pushing this issue over and over - try reaching out about town hall meetings or any such meetings with lawmakers - and you will figure out how much iv is working on behalf of eb3. Unfortunately, not many eb3 were active until the last 2 vbs. So, please do not say, "nothing much can be done for eb3" or "IV is not working for EB3". Its just that you may not see value in the route that IV is pursuing. It is eb3 members' unwillingness to admit that IV needs grass root help more than ever now.
but, if we are all willing to put our hearts and minds to it we can surely come up with new ideas that will help our cause. Surely, laws are written so that justice can happen. So if justice is not happening, the law would have some answer, somewhere.
Let me put forward my idea.
The ina language says that until eb2 is not current, there will be no spillover to eb3. Agreed. but i would contend that this statement is on a year to year basis. that is, if in the year 2002 (for example) all eb2 has been satisfied, then the spillovers should go to year 2002 eb3.
i am sorry to point this out, but you are looking at this from only your angle. Don't get me wrong, i would probably do the same. Having said that, logically this change will not fly with the uscis - 2 reasons - 1. Your contention that this rule is year to year - flawed contention 2. What does all eb2 satisfied mean? - these arguments will not work. I am not pulling you or the idea down - but simply stating my point of view based on what I know of the law.
is this something iv can point out and fight for? Can eb3 members put their money and efforts in this direction? Let me know if this sounds worthwhile
now a days we are seeing more threads related to spill over allocation interpretation etc, but i have not seen any single post by iv core about this. I am from eb3 community and share the frustration among others.
i remember a time just a few months ago this year, eb2 were complaining about spillover not happening, and iv core disputed it, saying that spillover was happening.
i see a lot of people suggesting to port from eb3 to eb2, instead of wasting time on these discussions. Well, porting is not an option for most of us. It is either because we are working for big companies (who do not want to extra burden) or not able to find a small company which can help us.
just like you are seeing the ground realities of porting from eb3 to eb2, i believe that iv knows the ground reality of proposing new interpretations to the law. I would go a little further in saying that the proposals considered here are changes in the law than changes in the interpretation of the law.
I may be wrong on my thinking, but I do hope you take a suggestion - when reading the INS law, understand it independently first. Then go back to see, if it can be applied on your interpretation. Do not start out with it, everything looks red when wearing red tinted glasses.......
After the advocacy days in DC, I am sold on what IV is offering and its commitment to the EB community. I am EB3 too and I am pretty much in the same boat as many of you here.
more...
coopheal
03-19 05:31 PM
Can EB2 move to March 06?
Sure why not. :D But.... if only DOS/USCIS was asking me this.
Sure why not. :D But.... if only DOS/USCIS was asking me this.
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feedfront
10-21 01:27 PM
Hi Guys
At last today is my day.. online status changed to "Card Production Order" :)
Hope every one will get soon.
Thanks
onemorecame
Can you please post your timeline here?
At last today is my day.. online status changed to "Card Production Order" :)
Hope every one will get soon.
Thanks
onemorecame
Can you please post your timeline here?
more...
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desi3933
02-03 07:15 AM
Here is the text under the attachment section
The record contains a letter from your prospective employer. The letter indicates that you have been employed by XXXXXX company as a Senior Software Engineer. However, the record does not contain any evidence which establishes the salary or compensation package being offered. Therefore you must submit a currently issued letter or other evidence from the prospective permanent employer indicating that the salary or compensation package being offered.
PD Mar 2002
485 RD SEP 2007
Submit job offer letter indicating job title and salary for the GC job. The letter must also mention that this job is permanant.
____________________
Not a legal advice.
US Citizen of Indian Origin
The record contains a letter from your prospective employer. The letter indicates that you have been employed by XXXXXX company as a Senior Software Engineer. However, the record does not contain any evidence which establishes the salary or compensation package being offered. Therefore you must submit a currently issued letter or other evidence from the prospective permanent employer indicating that the salary or compensation package being offered.
PD Mar 2002
485 RD SEP 2007
Submit job offer letter indicating job title and salary for the GC job. The letter must also mention that this job is permanant.
____________________
Not a legal advice.
US Citizen of Indian Origin
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lazycis
01-19 08:50 PM
When my Mother-in-law came here a few years back, she was stopped at the passport control. They wanted to ask a few questions, but as she does not speak English at all and they could not find an interpreter, they let her go after a few minutes. She just showed an invitation letter and did not say a word in English. It does work.
more...
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ItIsNotFunny
11-11 06:03 PM
Almost all my personal friends I spoke to recently who did not want to help with IV stuff, now proudly claim "As Obama has become the president, he will do something for us to get the green card"
The hope continues :)
People come on IV only to blame IV and admins for all the problems in their lives, but when asked to help for IV stuff - they give red dots and leave bad comments
There will always be 2 types of people. Lets see and concentrate on people who are positive and move ahead.
The hope continues :)
People come on IV only to blame IV and admins for all the problems in their lives, but when asked to help for IV stuff - they give red dots and leave bad comments
There will always be 2 types of people. Lets see and concentrate on people who are positive and move ahead.
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deepakjain
06-08 06:12 PM
The rate at which USCIS is denying H1B, L1 Extensions it seems people who in In process for.
PERM
140
485 might have to wait for sometime in the following manner.
EB 2- PD 2001 - Wait till 2012
EB 2- PD 2002 - Wait till 2015
EB 2- PD 2003 - Wait till 2017
EB 2- PD 2004 - Wait till 2020
EB 2- PD 2005 - Wait till 2023
EB 2- PD 2006 - Wait till 2026
EB 2- PD 2007 - Wait till 2028
EB 2- PD 2008 - Wait till 2031
EB 3- PD 2001 - Wait till 2015
EB 3- PD 2002 - Wait till 2019
EB 3- PD 2003 - Wait till 2024
EB 3- PD 2004 - Wait till 2028
EB 3- PD 2005 - Wait till 2032
EB 3- PD 2006 - Wait till 2036
EB 3- PD 2007 - Wait till 2040
EB 3- PD 2008 - Wait till 2044....not sure how many will be alive to receive their GC...anway it is worth a wait....
I have a 12 yr old ...and mine is EB3 - 2007 ...I think my son who will be 43 by 2040 will get me perm residency.....
PERM
140
485 might have to wait for sometime in the following manner.
EB 2- PD 2001 - Wait till 2012
EB 2- PD 2002 - Wait till 2015
EB 2- PD 2003 - Wait till 2017
EB 2- PD 2004 - Wait till 2020
EB 2- PD 2005 - Wait till 2023
EB 2- PD 2006 - Wait till 2026
EB 2- PD 2007 - Wait till 2028
EB 2- PD 2008 - Wait till 2031
EB 3- PD 2001 - Wait till 2015
EB 3- PD 2002 - Wait till 2019
EB 3- PD 2003 - Wait till 2024
EB 3- PD 2004 - Wait till 2028
EB 3- PD 2005 - Wait till 2032
EB 3- PD 2006 - Wait till 2036
EB 3- PD 2007 - Wait till 2040
EB 3- PD 2008 - Wait till 2044....not sure how many will be alive to receive their GC...anway it is worth a wait....
I have a 12 yr old ...and mine is EB3 - 2007 ...I think my son who will be 43 by 2040 will get me perm residency.....
more...
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senthil1
06-13 02:08 PM
If the restrictions in H1b comes then I may be impacted also many of my friends and relatives may be impacted. For our personal lives H1b and green card are important if we want to stay in USA. My point is if congress make sure that if I or you will not take any eligible US persons job in USA that is acceptable for me. That will make sure everyone happy
Anyhow we will see what next for CIR and we will do more analysis when it comes.
Senthil1, Pineapple
Please let us not sound harsh and have a bipartisan :D discussion. It is just my statement I do not disagree with neither of you.
Rule 2
You mean Microsoft and Google and other companies want to stop outsourcing. They would not have build a huge team in india if they wanted to do this. The point that you are missing is that they need H1-Bs here because no american born is availabe here to fill those positions.
Read my statement thoroughly.
Big consulting companies(Bearing point....my list will go on) that are plenty in the US who hire and fire H1-B and american born if they cannot find another client for them after few days.
What will happen to these companies .. they have to shut down
Rule 2 will be a disaster for all these companies.
These companies do not go to india to get H1-B's they get them when they come here brought by india Desi companies.
It will be a mess. You might be talking about one company that will never displace and american and will garauntee an employee that he will never be fired once hired : Give me a break.
Anyhow we will see what next for CIR and we will do more analysis when it comes.
Senthil1, Pineapple
Please let us not sound harsh and have a bipartisan :D discussion. It is just my statement I do not disagree with neither of you.
Rule 2
You mean Microsoft and Google and other companies want to stop outsourcing. They would not have build a huge team in india if they wanted to do this. The point that you are missing is that they need H1-Bs here because no american born is availabe here to fill those positions.
Read my statement thoroughly.
Big consulting companies(Bearing point....my list will go on) that are plenty in the US who hire and fire H1-B and american born if they cannot find another client for them after few days.
What will happen to these companies .. they have to shut down
Rule 2 will be a disaster for all these companies.
These companies do not go to india to get H1-B's they get them when they come here brought by india Desi companies.
It will be a mess. You might be talking about one company that will never displace and american and will garauntee an employee that he will never be fired once hired : Give me a break.
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abracadabra102
07-14 05:18 PM
I filed for 485 during July 2007. My 140 was already approved. Due to some problems I quit my employer in August 2007. My previous employer was a desi blood sucker. I was fed up & decided to quit after working for him for 3 years. I applied for H1 transfer with a new employer based on approved 140. I got H1 approval for another 3 years. Currently I am working for the new H1 sponsoring employer. I also received an EAD card based on pending 485 for one year. I didnt notify USICS of job change in July.
I applied for EAD extension this year. The application for EAD extension is pending. I got a following RFE on my 485:
Please state whether or not you are currently working for your I-140 petitioner.
You must submit a currently dated letter from you permanent employer, describing your present job duties & position in the organization, your proferred position (if different from your current one), the date you began employement & the offered salary & wage. The letter must also indicate whether the terms & conditions of your employement based visa petition (or labor certification) continue to exist.
I am not in good terms with my previous employer so I cant ask him for a letter. I can ask my new employer for such a letter.
Will USCIS come to know I quite Employer A before completing 180 days?
Also is it possible that 140 was revoked by my previous employer?
What document should I send to USCIS now?
Consult immigration attorney immediately (Murthy, Khanna etc).
I applied for EAD extension this year. The application for EAD extension is pending. I got a following RFE on my 485:
Please state whether or not you are currently working for your I-140 petitioner.
You must submit a currently dated letter from you permanent employer, describing your present job duties & position in the organization, your proferred position (if different from your current one), the date you began employement & the offered salary & wage. The letter must also indicate whether the terms & conditions of your employement based visa petition (or labor certification) continue to exist.
I am not in good terms with my previous employer so I cant ask him for a letter. I can ask my new employer for such a letter.
Will USCIS come to know I quite Employer A before completing 180 days?
Also is it possible that 140 was revoked by my previous employer?
What document should I send to USCIS now?
Consult immigration attorney immediately (Murthy, Khanna etc).
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kk_kk
06-10 04:53 PM
Sent
neelu
12-12 10:48 AM
We have asked an immigration lawyer this question. Someone even quoted all the sections of INA and CFR(code of federal regulations) to make the point -- that you can have regulation changed to file 485.
The lawyer was of the opinion that you need change in INA to be able to file 485 when dates are not current. It cannot be done with administrative changes.
Hi Logiclife,
If an attorney says that it cannot be done with administrative changes, then I guess, we dont have much to argue.
But I cannot understand the logic behind why it cant be done. I mean, disallowing concurrent processing is possible by an administrative change, why is the reverse (or something similar like allowing 485 filing without pd being current), not possible?
I am sorry for not being to let go of this, but I thought, logic-life can see some logic in this!!! :)
Thank you.
The lawyer was of the opinion that you need change in INA to be able to file 485 when dates are not current. It cannot be done with administrative changes.
Hi Logiclife,
If an attorney says that it cannot be done with administrative changes, then I guess, we dont have much to argue.
But I cannot understand the logic behind why it cant be done. I mean, disallowing concurrent processing is possible by an administrative change, why is the reverse (or something similar like allowing 485 filing without pd being current), not possible?
I am sorry for not being to let go of this, but I thought, logic-life can see some logic in this!!! :)
Thank you.
belmontboy
05-23 02:28 PM
By computer operator i mean people who try to speak english but sound as if they are speaking telugu.
what the f**k ?
Who taught you this definition idiot?
what the f**k ?
Who taught you this definition idiot?