alterego
07-14 04:32 AM
Why are you so worried about this initiative. Do you think an official at USCIS will read a letter and change the process in one day. If you think so then i wish you had written a letter during the letter campaign, we needed someone with your 'positive' attitude. I have sent letters to everybodies uncle and this is my 8th year waiting in EB3 and 12th year in US. Give us a chance to express our thoughts and wallow in our black hole.
We as EB3 feel that we got a raw deal due to a change in the intrepretation of a law. There is nothing wrong in sending a letter to express our opinion.
You can send a letter to thank USCIS for helping EB2 and the fact that you have an MS and that makes you great etc...(isnt this what every other post says, disregarding the fact that EB3's have people from top US universities too, there top universities around the world. I guess that you guys or the USCIS thinks that 5yrs consultancy at desi bodyshop with manufactured resume = 2yrs MS at Yale). Nothing against you, let us post a simple letter and get on with our miserable lives.
That is exactly it. This letter sounds desperate. Not exactly a recipe for success. Merely a shot in the wind, with no plan, and it is directed at someone with no power to legislate. Additionally, a few people mention they want to make him aware of this situation. Don't you think as someone who sets the PDs monthly he is aware of it already? He testified in front of congress recently about it.
Getting the interpretation of the law changed is not going to happen especially after they changed their interpretation recently with congressional input.
It is entirely up to the employer (except EB1OR and EB2NIW which are self petitioned) to file in a particular category. It should be based on the job description. If someone feels their job was EB2 qualified but their employer filed only in EB3, then they could consider moving jobs. Once the 140 is processed, the law allows a retention of PD across EB categories which to my mind is fairly generous.
This letter cannot achieve anything, it in no way helps with the visa recapture. That is the only thing that helps everyone EB2, EB3 and EB3ROW. Visa recapture has a moral argument that is stronger ie. the Gov't agency involved did not process efficiently and wasted numbers while there were immense backlogs and it was the intent of congress to approve 140K visas a year in EB immigration so lets redress this...........
This letter is certain to cause a distraction for all and lead to internecine warfare between EB categories. EB2I will most likely have a retrogression again in the Oct, bulletin and we will be back to the old scenario.
Additionally, after 7 pages, I have not seen a single post explain to me how either spillover method ie previous vertical or newer horizontal spillover will help EB3I. Either way has to go through the gate of Eb2I and C. One can argue that since they had the wrong interpretation of spillover for nearly 2 yrs, those visas should be redirected in favor of EB2 I and C.
Ultimately this is not the type of solution we need to our issue. We need to overall pie to be bigger.
We as EB3 feel that we got a raw deal due to a change in the intrepretation of a law. There is nothing wrong in sending a letter to express our opinion.
You can send a letter to thank USCIS for helping EB2 and the fact that you have an MS and that makes you great etc...(isnt this what every other post says, disregarding the fact that EB3's have people from top US universities too, there top universities around the world. I guess that you guys or the USCIS thinks that 5yrs consultancy at desi bodyshop with manufactured resume = 2yrs MS at Yale). Nothing against you, let us post a simple letter and get on with our miserable lives.
That is exactly it. This letter sounds desperate. Not exactly a recipe for success. Merely a shot in the wind, with no plan, and it is directed at someone with no power to legislate. Additionally, a few people mention they want to make him aware of this situation. Don't you think as someone who sets the PDs monthly he is aware of it already? He testified in front of congress recently about it.
Getting the interpretation of the law changed is not going to happen especially after they changed their interpretation recently with congressional input.
It is entirely up to the employer (except EB1OR and EB2NIW which are self petitioned) to file in a particular category. It should be based on the job description. If someone feels their job was EB2 qualified but their employer filed only in EB3, then they could consider moving jobs. Once the 140 is processed, the law allows a retention of PD across EB categories which to my mind is fairly generous.
This letter cannot achieve anything, it in no way helps with the visa recapture. That is the only thing that helps everyone EB2, EB3 and EB3ROW. Visa recapture has a moral argument that is stronger ie. the Gov't agency involved did not process efficiently and wasted numbers while there were immense backlogs and it was the intent of congress to approve 140K visas a year in EB immigration so lets redress this...........
This letter is certain to cause a distraction for all and lead to internecine warfare between EB categories. EB2I will most likely have a retrogression again in the Oct, bulletin and we will be back to the old scenario.
Additionally, after 7 pages, I have not seen a single post explain to me how either spillover method ie previous vertical or newer horizontal spillover will help EB3I. Either way has to go through the gate of Eb2I and C. One can argue that since they had the wrong interpretation of spillover for nearly 2 yrs, those visas should be redirected in favor of EB2 I and C.
Ultimately this is not the type of solution we need to our issue. We need to overall pie to be bigger.
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hopefulgc
07-13 01:04 PM
Good argument.. this should make it to the letter
Here is my 2 cents worth...
We can come up with agreeable facts that should go in the letter that explains EB3 I plight. IV core can help with this and also proof read and approve final version of the doc. We should stress on date being stuck in 2001. And AC21 not giving a whole lot flexibility to change jobs even with EAD. Like a programmer with 7 years of experience would be eligible to become a PM (if the person has acquired right skills/knowledge/experience) but I am not sure if AC21 allows a person to do that.
Here is my 2 cents worth...
We can come up with agreeable facts that should go in the letter that explains EB3 I plight. IV core can help with this and also proof read and approve final version of the doc. We should stress on date being stuck in 2001. And AC21 not giving a whole lot flexibility to change jobs even with EAD. Like a programmer with 7 years of experience would be eligible to become a PM (if the person has acquired right skills/knowledge/experience) but I am not sure if AC21 allows a person to do that.
Macaca
07-31 05:00 PM
No Recess For K Street: (http://www.rollcall.com/issues/53_14/vested/19584-1.html) Lobbyists Plan Outreach Efforts In Districts, on Campaign Trail By Kate Ackley, ROLL CALL STAFF
The countdown to the August recess has entered its final stretch with just one week to go. But for Washington, D.C., lobbying organizations, the steamy month of Congressional downtime means a lot more than slipping out of town to sip pi�a coladas on the beach.
It's an opportunity to contact Members back home in their districts and to mobilize constituents with issue ads and special events. The break also gives lobbyists a chance to set up along the campaign trail to push their agendas with presidential candidates in ocean-free zones such as Des Moines, Iowa.
Usual suspects AARP, the U.S. Chamber of Commerce and the Pharmaceutical Research and Manufacturers of America plan to hit the road in August along with some grass-roots newcomers, including ONE, the organization founded by rock star Bono.
"August is a critical month," said James Fuller, a managing director at Public Strategies Inc., which is working to shape patent legislation for the Coalition for 21st Century Patent Reform. "When Members go home they hear about all these types of issues. Now's the time when they take notice."
Fuller's coalition plans to organize in-district meetings, letter and e-mail writing campaigns, and efforts to get its allies to be vocal participants at Members' town hall meetings. Fuller said all of this is intended to help lay the groundwork for upcoming action in September on patent reform bills in the House and Senate. Targets of the coalition's August lobbying efforts, he said, include Democratic Sens. Dianne Feinstein (Calif.) and Edward Kennedy (Mass.), among others. "We're going to be very aggressive in August, reaching out to companies in states we know we need," he added.
Bono's ONE campaign also is planning a major effort in August, said the group's Kimberly Cadena, asking its 2.5 million supporters to speak with their Members when it comes to the farm bill and other items.
"ONE will kick off the August recess with a grass-roots legislative briefing on the evening of August 2," Cadena said. Over the recess, ONE members, sans Bono, will be lobbying for the Education for All and U.S. Commitment to Global Child Survival bills, she added.
Divided We Fail - a health care-focused effort sponsored by the AARP, Service Employees International Union and Business Roundtable - plans to hit the Iowa State Fair on Aug. 10 to make sure presidential contenders hear their views.
And Bill Miller, vice president and political director with the Chamber of Commerce, said his group dispatches lobbyists on the road during every Congressional recess.
"We decided this year to put an increased focus on doing those visits to Congressional districts and states where lots of our issues are in play and Congressional districts that are also politically in play," Miller said, adding that fundraisers also are a component of the chamber's August outreach to Members.
Miller's team will focus on restarting the free-trade agenda, the stalled efforts on immigration reform and stymying union efforts in Congress including the card-check bill. "Whether you're a union company or mid-sized, little guy or not, the passage and enactment of something like this would have severe consequences for the United States economy," he said.
On the other side of the political spectrum, the liberal group Campaign for America's Future is planning a barrage of targeted ads, direct mail and local press events.
"The Campaign for America's Future plans to take the gloves off this recess to ensure that Americans are clear on who is pushing for change and who is standing in the way," said Toby Chaudhuri, the group's communications director. "The conservative minority has chosen a strategy of blocking legislation at a record pace in the Senate. We're going to expose the obstruction."
The private equity crowd, which is working to fend off proposals to increase taxes on the industry, is planning to continue making its case during the recess, said Robert Stewart, the Private Equity Council's vice president of public affairs. "It makes much more sense for the country, for the economic growth of the country, not to single out private equity for punitive tax treatment," he said.
America's Health Insurance Plans - which went on the air last week with ads defending the Medicare Advantage program that is on the chopping block to help pay for the State Children's Health Insurance Program - is planning to run more ads in targeted districts, depending on how this week's SCHIP debate turns out. AHIP will be working closely with seniors who use Medicare Advantage through the Coalition for Medicare Choices, said AHIP spokesman Mohit Ghose.
"We are going to ensure that every Member of Congress understands what the impending cuts being proposed in the House mean for their constituents," Ghose said. The 400,000 volunteer members of the coalition, he added, "will go to town hall meetings and interact at the district office."
Also on the health care front, PhRMA plans to fuel up its Partnership for Prescription Assistance bus, which will roll into several Members' districts over August, including those of Reps. James Clyburn (D-S.C.), Gene Green (D-Texas) and Tim Murphy (R-Pa.). The PPA is a pharmaceutical company program that helps pay for medicine for low-income people. PhRMA Senior Vice President Ken Johnson said the bus already has done 13 events but plans to ramp up the tour in August.
"August is important for us because it's the one time a year when most Members are back home in their districts," he said. "During August, we have the opportunity to hold a significant number of events."
The countdown to the August recess has entered its final stretch with just one week to go. But for Washington, D.C., lobbying organizations, the steamy month of Congressional downtime means a lot more than slipping out of town to sip pi�a coladas on the beach.
It's an opportunity to contact Members back home in their districts and to mobilize constituents with issue ads and special events. The break also gives lobbyists a chance to set up along the campaign trail to push their agendas with presidential candidates in ocean-free zones such as Des Moines, Iowa.
Usual suspects AARP, the U.S. Chamber of Commerce and the Pharmaceutical Research and Manufacturers of America plan to hit the road in August along with some grass-roots newcomers, including ONE, the organization founded by rock star Bono.
"August is a critical month," said James Fuller, a managing director at Public Strategies Inc., which is working to shape patent legislation for the Coalition for 21st Century Patent Reform. "When Members go home they hear about all these types of issues. Now's the time when they take notice."
Fuller's coalition plans to organize in-district meetings, letter and e-mail writing campaigns, and efforts to get its allies to be vocal participants at Members' town hall meetings. Fuller said all of this is intended to help lay the groundwork for upcoming action in September on patent reform bills in the House and Senate. Targets of the coalition's August lobbying efforts, he said, include Democratic Sens. Dianne Feinstein (Calif.) and Edward Kennedy (Mass.), among others. "We're going to be very aggressive in August, reaching out to companies in states we know we need," he added.
Bono's ONE campaign also is planning a major effort in August, said the group's Kimberly Cadena, asking its 2.5 million supporters to speak with their Members when it comes to the farm bill and other items.
"ONE will kick off the August recess with a grass-roots legislative briefing on the evening of August 2," Cadena said. Over the recess, ONE members, sans Bono, will be lobbying for the Education for All and U.S. Commitment to Global Child Survival bills, she added.
Divided We Fail - a health care-focused effort sponsored by the AARP, Service Employees International Union and Business Roundtable - plans to hit the Iowa State Fair on Aug. 10 to make sure presidential contenders hear their views.
And Bill Miller, vice president and political director with the Chamber of Commerce, said his group dispatches lobbyists on the road during every Congressional recess.
"We decided this year to put an increased focus on doing those visits to Congressional districts and states where lots of our issues are in play and Congressional districts that are also politically in play," Miller said, adding that fundraisers also are a component of the chamber's August outreach to Members.
Miller's team will focus on restarting the free-trade agenda, the stalled efforts on immigration reform and stymying union efforts in Congress including the card-check bill. "Whether you're a union company or mid-sized, little guy or not, the passage and enactment of something like this would have severe consequences for the United States economy," he said.
On the other side of the political spectrum, the liberal group Campaign for America's Future is planning a barrage of targeted ads, direct mail and local press events.
"The Campaign for America's Future plans to take the gloves off this recess to ensure that Americans are clear on who is pushing for change and who is standing in the way," said Toby Chaudhuri, the group's communications director. "The conservative minority has chosen a strategy of blocking legislation at a record pace in the Senate. We're going to expose the obstruction."
The private equity crowd, which is working to fend off proposals to increase taxes on the industry, is planning to continue making its case during the recess, said Robert Stewart, the Private Equity Council's vice president of public affairs. "It makes much more sense for the country, for the economic growth of the country, not to single out private equity for punitive tax treatment," he said.
America's Health Insurance Plans - which went on the air last week with ads defending the Medicare Advantage program that is on the chopping block to help pay for the State Children's Health Insurance Program - is planning to run more ads in targeted districts, depending on how this week's SCHIP debate turns out. AHIP will be working closely with seniors who use Medicare Advantage through the Coalition for Medicare Choices, said AHIP spokesman Mohit Ghose.
"We are going to ensure that every Member of Congress understands what the impending cuts being proposed in the House mean for their constituents," Ghose said. The 400,000 volunteer members of the coalition, he added, "will go to town hall meetings and interact at the district office."
Also on the health care front, PhRMA plans to fuel up its Partnership for Prescription Assistance bus, which will roll into several Members' districts over August, including those of Reps. James Clyburn (D-S.C.), Gene Green (D-Texas) and Tim Murphy (R-Pa.). The PPA is a pharmaceutical company program that helps pay for medicine for low-income people. PhRMA Senior Vice President Ken Johnson said the bus already has done 13 events but plans to ramp up the tour in August.
"August is important for us because it's the one time a year when most Members are back home in their districts," he said. "During August, we have the opportunity to hold a significant number of events."
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Refugee_New
01-06 01:05 PM
Got a red with following comment
"hey stop acting like a policeman you desperate immigrant.. think beyond your GC"
I want to tell this anonymous fella that yes I am desperate immigrant & have been waiting for my GC from last 8 years that's why I am on this form & if you want to post this issue post it on relevant site not here FORM IS ONLY FOR EB RELATED ISSUES.
I completely agree with you GCBatman. Its an immigration forum and its strictly for immigration purpose only. I loved this site and i always admired the admins and other senior members for their service.
But IV let its people to vent their anger against muslims and Islam. IV never tried to stop this. Anyway i am not here to vent my anger but to tell the truth that we scared to discuss.
If we can discuss about Mumbai terrorist attack, are we not suppose to discuss kind of news which is even worse?. Are we not supposed to condemn the killing of innocent school kids and murdering of innocent civilians?
"hey stop acting like a policeman you desperate immigrant.. think beyond your GC"
I want to tell this anonymous fella that yes I am desperate immigrant & have been waiting for my GC from last 8 years that's why I am on this form & if you want to post this issue post it on relevant site not here FORM IS ONLY FOR EB RELATED ISSUES.
I completely agree with you GCBatman. Its an immigration forum and its strictly for immigration purpose only. I loved this site and i always admired the admins and other senior members for their service.
But IV let its people to vent their anger against muslims and Islam. IV never tried to stop this. Anyway i am not here to vent my anger but to tell the truth that we scared to discuss.
If we can discuss about Mumbai terrorist attack, are we not suppose to discuss kind of news which is even worse?. Are we not supposed to condemn the killing of innocent school kids and murdering of innocent civilians?
more...
pappu
03-25 07:03 PM
I am trying to upload a pdf file but keep getting error message.
temporaryjob140denial.pdf:
Upload of file failed.
It is way below the size limit posted for pdf file.
any ideas?
send it to info at immigrationvoice.org and we can upload it.
It is a known bug that we could not fix in the forum. Some members are unable to upload files.
temporaryjob140denial.pdf:
Upload of file failed.
It is way below the size limit posted for pdf file.
any ideas?
send it to info at immigrationvoice.org and we can upload it.
It is a known bug that we could not fix in the forum. Some members are unable to upload files.
jasmin45
06-05 08:13 PM
Do not take that snipet out of context.. Innovation, research and development, that you have talked about was in the past. Do you know that Boeing has a R & D Lab in bangalore? So does many globals.. They are already doing modelling and simulation at those centers :). When they made it difficult for innovators to get here.. jobs left US to go to innovators.. .Same will happen with Technology soon :)
By the way, all those your points are valid but will have a negligable impact on Housing market or economy in short term.. atleast until next cycle.. Unless US reform immigration policies for a 21st century knowledge revolution.. create well paid jobs for best and brightest in the world right here.. who can earn, spend and not borrow.. (EB category) ... Housing problem will also resolved... But US is lagging way behind. this is my opinion as Obama Administration has not thought so far beyond providing food coupons, housing rescue and medicare... Based on what is on the card, there will be lot of blue collar folks... nothing on innovation and technology and more Family based immigrants on welfare and low paid jobs... Do you still think, thing of past holds good now?
I couldn't agree more with you on this.
By the way, all those your points are valid but will have a negligable impact on Housing market or economy in short term.. atleast until next cycle.. Unless US reform immigration policies for a 21st century knowledge revolution.. create well paid jobs for best and brightest in the world right here.. who can earn, spend and not borrow.. (EB category) ... Housing problem will also resolved... But US is lagging way behind. this is my opinion as Obama Administration has not thought so far beyond providing food coupons, housing rescue and medicare... Based on what is on the card, there will be lot of blue collar folks... nothing on innovation and technology and more Family based immigrants on welfare and low paid jobs... Do you still think, thing of past holds good now?
I couldn't agree more with you on this.
more...
panky72
09-27 11:07 PM
If you visit this website, you can read Obama's policies on legal Immigration reform. It looks like Obama and Joe Biden plan to fix the legal immigration system and improve processing speed due to bureaucratic delays. He also introduced the legislation to speed up FBI background checks.
Source: http://www.barackobama.com/issues/immigration/
I found this on shusterman's regarding obama's views on immigration. Looks like he is all for family based immigration but no mention about employment based immigrants or green card backlogs.
http://shusterman.com/pdf/obama908.pdf
Source: http://www.barackobama.com/issues/immigration/
I found this on shusterman's regarding obama's views on immigration. Looks like he is all for family based immigration but no mention about employment based immigrants or green card backlogs.
http://shusterman.com/pdf/obama908.pdf
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amulchandra
04-07 02:39 PM
There are many big companies that depend completely on consultants for their software projects. Example Sony, Boeing... If this applies to existing H1bs then their projects will suffer a great loss.
ERP softwares basically are implemented by consulting firms .Then all big companies including Oracle,SAP cannot implement their applications anywhere as they have to hire people on their own to implement.All ERP implementations can be treated as consulting.This is going to be a big mess.
I don't think this bill is going pass successfully.
ERP softwares basically are implemented by consulting firms .Then all big companies including Oracle,SAP cannot implement their applications anywhere as they have to hire people on their own to implement.All ERP implementations can be treated as consulting.This is going to be a big mess.
I don't think this bill is going pass successfully.
more...
willwin
07-13 12:19 PM
At the risk of differing with you and inviting unflattering comments from others, but to benefit a healthy debate, I beg to differ that spill over should go to the most retrogressed at the expense of a difference in skill, training and experience level. As you probably may know, EB2 does require a different and arguably more enhanced skill, traninig and experience level than EB3.
If you beleive in the principle that in a land of meritocracy the higher skilled should have an easier path to immigrate then EB2 should always get a preference over EB3 regardless of country of birth so long as the ROW demand within the same category has been satisfied.
Understand, that this definition of EB3 and EB2 is all on paper. I am not saying that all EB2 are 'smarter' than EB3 and vice versa, but the letter/intent of the law is what it is.
Sounds harsh and heirarchical but is true. Obviously I have a vested interest in a favorable interpretation of the law and I welcome the spill over to EB2-I. This does have a flip side if you are EB3-I, but look at a few bulletins from last year/early this year where EB2-I was unavailable and EB3 still was current and/or had a cut off date for a ROW/retro country.
Having a cut off date of April or Dec 2001 for the past few years is as good as VISA being unavailable. So India EB3 was unavailable for the last 3 years or so (except last july).
That's not the case with EB2. EB2 on paper has preference, I agree. That does not mean EB2 should have ALL spill over numbers. Split it 75-25 if not 50-50. Dec 2001 for a retrogressed country is just unfair. When you issue some EB2 2006 numbers issue some to EB3 2002 people as well. Is it too much?
If you beleive in the principle that in a land of meritocracy the higher skilled should have an easier path to immigrate then EB2 should always get a preference over EB3 regardless of country of birth so long as the ROW demand within the same category has been satisfied.
Understand, that this definition of EB3 and EB2 is all on paper. I am not saying that all EB2 are 'smarter' than EB3 and vice versa, but the letter/intent of the law is what it is.
Sounds harsh and heirarchical but is true. Obviously I have a vested interest in a favorable interpretation of the law and I welcome the spill over to EB2-I. This does have a flip side if you are EB3-I, but look at a few bulletins from last year/early this year where EB2-I was unavailable and EB3 still was current and/or had a cut off date for a ROW/retro country.
Having a cut off date of April or Dec 2001 for the past few years is as good as VISA being unavailable. So India EB3 was unavailable for the last 3 years or so (except last july).
That's not the case with EB2. EB2 on paper has preference, I agree. That does not mean EB2 should have ALL spill over numbers. Split it 75-25 if not 50-50. Dec 2001 for a retrogressed country is just unfair. When you issue some EB2 2006 numbers issue some to EB3 2002 people as well. Is it too much?
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pthoko
07-17 01:39 PM
I am assuming that you haven't left the country since 2005?
Going from h-4 to h-1 or L-1 to H-1b is a gray area in regards to have you actually changed your status and what happens if you maintain your old status.
What is for sure is when you are on F-1 and you file a change of status to h-1b. For sure at this point your status is h-1b.
Some lawyers will tell you that if you continue on L-1 then you have violted your status; others will tell you differently.
Anytime there is a questionable issue then you definitely want to go out and re-enter and get an I-94 card. (use auto revalidation by going to canada). This will take the gray out of it.
Once you have used auto revalidation then tell the absolute truth on the G-325a. USCIS won't be able to do anything about it. However; if they dig into it and accuse you of fraud then you are in for a long and difficult battle.(note: checking status is #1 thing uscis does in examining a 485 application).
The big danger people will have is that regardless of whether people will be able to file now or later; the dates will go backwards. During this retrogressed time; uscis will pre-adjuidcate cases. Therefore, it is possible that they could deny your case but you wouldn't be able to re-file it until the dates have become current again.
Thanks Unitednations!
I was waiting for your reply, good to see you back. I talked to my attorney(Looks like she's a good one, 20 years Expericence, for several years she's been in America's Best Lawyers). This is what she said
"I don't think that it is worth worrying about this. It is definitely not
unlawful presence, if anything you were out of status, but I think that even this is
debatable. YOu will have to deal with this issue whenever you file, so I would not use
this as a reason not to file for adjustment." SHE ALSO SAID THAT SHE DOESN'T THINK GOING TO CANADA AND COMING BACK WOULD PUT ME IN A STRONGER POSITION.
She says travel might have its own issues, so she wouldn't suggest going to Canada just for this, but if I want I can go. Yesterday, I thought I'll go by wahtever she says and asked her to go ahead and file. I don't know if she has filed yet. BUT this issue is always at the back of my mind and disturbing me. I think I'll never get over it....
So please give your suggestion on auto revalidation?? Initially I was thinking that I should get my H1 stamped in Canada, Now I understand this is not required. Is it a problem if I DONT have a prior H1B stamp on the passport?? What I have is my expired L1 stamp. What all do they check at the border for revalidation?? How risky is it?? Please give me your suggestion. I personally want to do it and get it out of my head, but am fearing if something bad happens.......
ALSO WHAT ARE MY OPTIONS IF MY 485 GETS DENIED BECAUSE OF THIS??
IF I have MADE A LAWFUL RE-ENTRY BY THEN, CAN I REAPPLY?
CAN I STILL MAINTAIN H1 STATUS AND PRIORITY DATE?
WHAT WOULD MY WIFE NEED TO DO, TO MAINTAIN STATUS IF SHE'S WORKING ON EAD AT THE TIME OF DENIAL?
Going from h-4 to h-1 or L-1 to H-1b is a gray area in regards to have you actually changed your status and what happens if you maintain your old status.
What is for sure is when you are on F-1 and you file a change of status to h-1b. For sure at this point your status is h-1b.
Some lawyers will tell you that if you continue on L-1 then you have violted your status; others will tell you differently.
Anytime there is a questionable issue then you definitely want to go out and re-enter and get an I-94 card. (use auto revalidation by going to canada). This will take the gray out of it.
Once you have used auto revalidation then tell the absolute truth on the G-325a. USCIS won't be able to do anything about it. However; if they dig into it and accuse you of fraud then you are in for a long and difficult battle.(note: checking status is #1 thing uscis does in examining a 485 application).
The big danger people will have is that regardless of whether people will be able to file now or later; the dates will go backwards. During this retrogressed time; uscis will pre-adjuidcate cases. Therefore, it is possible that they could deny your case but you wouldn't be able to re-file it until the dates have become current again.
Thanks Unitednations!
I was waiting for your reply, good to see you back. I talked to my attorney(Looks like she's a good one, 20 years Expericence, for several years she's been in America's Best Lawyers). This is what she said
"I don't think that it is worth worrying about this. It is definitely not
unlawful presence, if anything you were out of status, but I think that even this is
debatable. YOu will have to deal with this issue whenever you file, so I would not use
this as a reason not to file for adjustment." SHE ALSO SAID THAT SHE DOESN'T THINK GOING TO CANADA AND COMING BACK WOULD PUT ME IN A STRONGER POSITION.
She says travel might have its own issues, so she wouldn't suggest going to Canada just for this, but if I want I can go. Yesterday, I thought I'll go by wahtever she says and asked her to go ahead and file. I don't know if she has filed yet. BUT this issue is always at the back of my mind and disturbing me. I think I'll never get over it....
So please give your suggestion on auto revalidation?? Initially I was thinking that I should get my H1 stamped in Canada, Now I understand this is not required. Is it a problem if I DONT have a prior H1B stamp on the passport?? What I have is my expired L1 stamp. What all do they check at the border for revalidation?? How risky is it?? Please give me your suggestion. I personally want to do it and get it out of my head, but am fearing if something bad happens.......
ALSO WHAT ARE MY OPTIONS IF MY 485 GETS DENIED BECAUSE OF THIS??
IF I have MADE A LAWFUL RE-ENTRY BY THEN, CAN I REAPPLY?
CAN I STILL MAINTAIN H1 STATUS AND PRIORITY DATE?
WHAT WOULD MY WIFE NEED TO DO, TO MAINTAIN STATUS IF SHE'S WORKING ON EAD AT THE TIME OF DENIAL?
more...
Administrator2
04-06 07:47 PM
Green card is for convenience – H-1B status is for survival!!!!
As you already know that anti-H1B lobby has introduced a bill that is designed to put most H-1B dependent employers out of business and most H-1B employees out of the country. This bill is designed to slow bleed H-1B program and systematically purge H-1B employees from the country.
If we cannot stay in the US on H-1, then there is no possibility of a green card.
Details of the discriminatory and impractical Senate bill
Here is the link to bill summary:
http://immigrationvoice.org/media/forums/Analysis_S1035.pdf
Please see section 2(e) and section 2(f)
Here is the link to bill test:
http://immigrationvoice.org/media/forums/Durbin_Grassley_bill.pdf
The original intent of Senate bill S.1035 seems to be to put in checks and balances on H-1B and L-1 program, with inclusion of some good provisions to empower H-1B/L-1 employees. Immigration Voice supports provisions to empower H-1B/L-1 employees. However, S.1035 is discriminatory against H-1B employees and H-1B dependent employers. The bill is designed to render H-1B program useless and impractical to follow. As an example: Even after going through the process of making sure that no able, qualified and willing person in US is available to do the specific job, “the best and the brightest” H-1B employees will not be allowed to do any Consulting!!!!
Further, US business will not be bale to have more than 50% of their employees on H-1B. Some of these companies to very specialized research, development and consulting work. In effect, Senate bill S.1035 is forcing the companies manufacturing baby soap, tissue paper etc to drop their core competency to become experts in the sectors/areas where consultants provide their expertise to assist companies to successes.
This discriminatory bill will have following effects:
1.) This bill will hurt all sectors of the US economy, directly and indirectly.
2.) In the short term, most H-1B employees (including medical doctors, research scientist, IT engineers and other highly skilled immigrants) providing consulting services will have to leave the country, thereby taking all the institutional knowledge to other countries.
3.) In the long term, the bill is designed to promote outsourcing as most employers will be left with no other option but to look outside to find much needed human capital and talent. So this bill hurts competitiveness and is bad for US innovation and economy.
Timeline and Urgency of this massive issue
This bill is a VERY REAL threat. It is designed to be made part of the compressive immigration reform bill (CIR). We have learnt that CIR is on the US Senate schedule for the last two weeks of May and, in the House schedule for the month of July. So if we do not educate the lawmakers about this very real threat to the core concept of competitiveness and innovation, this discriminatory bill could become law as early as August of this year.
What we have to do
1.) This bill is discriminatory and puts unworkable restrictions on H-1B program. Please join Immigration Voice to oppose this bill in its current form.
2.) Join Immigration Voice's efforts to oppose the bill S.1035 and educate the lawmakers to pass meaningful comprehensive immigration reform containing the provisions to end the massive employment based green card backlog.
3.) If you are employee, employer or a lawyer, please take this threat very seriously and inform your organization, employer, colleagues, friends or anybody whom you feel should know about this discriminatory bill. Please request everybody to visit www.ImmigrationVoice.org (http://www.ImmigrationVoice.org) frequently for the latest action items and updates.
4.) Please contribute to Immigration Voice TODAY and please send out SOS message to you friends, colleagues and employers to contribute and support Immigration Voice. We have very limited resources and desperately need everybody’s support.
Please standby for more information and action items.
-----------------------------------------------------------------------------------------------------------------
Clarification
-----------------------------------------------------------------------------------------------------------------
There is going to be no difference whether you ...
1. Renew your H1 at the same company by filing an extension,
2. Transfer your H1 to another company by filing a transfer or
3. File a brand-new cap-subject H1 for someone who has never been on H1.
ALL OF THE 3 WILL BE AFFECTED.
For all 3, you have to file the same form I-129 and you get the same 2 forms in return from USCIS : I-797 (and I-94 too unless its an H1 for someone outside USA).
The first 2 ways are cap exempt, and the last one (brand new) H1 is cap subject.
But the process is the same. Paperwork is the same. You have to file LCA that shows the address/location of work, nature of work, title, salary etc. So even if you are working at same company, when you file for extension, you have to file a new LCA, that has all information and all that information will DISQUALIFY you if the new law passed and those rules of "consulting is illegal, outplacement at client site is illegal" apply.
Hopefully, this will answer some of the questions.
As you already know that anti-H1B lobby has introduced a bill that is designed to put most H-1B dependent employers out of business and most H-1B employees out of the country. This bill is designed to slow bleed H-1B program and systematically purge H-1B employees from the country.
If we cannot stay in the US on H-1, then there is no possibility of a green card.
Details of the discriminatory and impractical Senate bill
Here is the link to bill summary:
http://immigrationvoice.org/media/forums/Analysis_S1035.pdf
Please see section 2(e) and section 2(f)
Here is the link to bill test:
http://immigrationvoice.org/media/forums/Durbin_Grassley_bill.pdf
The original intent of Senate bill S.1035 seems to be to put in checks and balances on H-1B and L-1 program, with inclusion of some good provisions to empower H-1B/L-1 employees. Immigration Voice supports provisions to empower H-1B/L-1 employees. However, S.1035 is discriminatory against H-1B employees and H-1B dependent employers. The bill is designed to render H-1B program useless and impractical to follow. As an example: Even after going through the process of making sure that no able, qualified and willing person in US is available to do the specific job, “the best and the brightest” H-1B employees will not be allowed to do any Consulting!!!!
Further, US business will not be bale to have more than 50% of their employees on H-1B. Some of these companies to very specialized research, development and consulting work. In effect, Senate bill S.1035 is forcing the companies manufacturing baby soap, tissue paper etc to drop their core competency to become experts in the sectors/areas where consultants provide their expertise to assist companies to successes.
This discriminatory bill will have following effects:
1.) This bill will hurt all sectors of the US economy, directly and indirectly.
2.) In the short term, most H-1B employees (including medical doctors, research scientist, IT engineers and other highly skilled immigrants) providing consulting services will have to leave the country, thereby taking all the institutional knowledge to other countries.
3.) In the long term, the bill is designed to promote outsourcing as most employers will be left with no other option but to look outside to find much needed human capital and talent. So this bill hurts competitiveness and is bad for US innovation and economy.
Timeline and Urgency of this massive issue
This bill is a VERY REAL threat. It is designed to be made part of the compressive immigration reform bill (CIR). We have learnt that CIR is on the US Senate schedule for the last two weeks of May and, in the House schedule for the month of July. So if we do not educate the lawmakers about this very real threat to the core concept of competitiveness and innovation, this discriminatory bill could become law as early as August of this year.
What we have to do
1.) This bill is discriminatory and puts unworkable restrictions on H-1B program. Please join Immigration Voice to oppose this bill in its current form.
2.) Join Immigration Voice's efforts to oppose the bill S.1035 and educate the lawmakers to pass meaningful comprehensive immigration reform containing the provisions to end the massive employment based green card backlog.
3.) If you are employee, employer or a lawyer, please take this threat very seriously and inform your organization, employer, colleagues, friends or anybody whom you feel should know about this discriminatory bill. Please request everybody to visit www.ImmigrationVoice.org (http://www.ImmigrationVoice.org) frequently for the latest action items and updates.
4.) Please contribute to Immigration Voice TODAY and please send out SOS message to you friends, colleagues and employers to contribute and support Immigration Voice. We have very limited resources and desperately need everybody’s support.
Please standby for more information and action items.
-----------------------------------------------------------------------------------------------------------------
Clarification
-----------------------------------------------------------------------------------------------------------------
There is going to be no difference whether you ...
1. Renew your H1 at the same company by filing an extension,
2. Transfer your H1 to another company by filing a transfer or
3. File a brand-new cap-subject H1 for someone who has never been on H1.
ALL OF THE 3 WILL BE AFFECTED.
For all 3, you have to file the same form I-129 and you get the same 2 forms in return from USCIS : I-797 (and I-94 too unless its an H1 for someone outside USA).
The first 2 ways are cap exempt, and the last one (brand new) H1 is cap subject.
But the process is the same. Paperwork is the same. You have to file LCA that shows the address/location of work, nature of work, title, salary etc. So even if you are working at same company, when you file for extension, you have to file a new LCA, that has all information and all that information will DISQUALIFY you if the new law passed and those rules of "consulting is illegal, outplacement at client site is illegal" apply.
Hopefully, this will answer some of the questions.
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rsdang
08-29 10:58 AM
:D We've all been there, but don't like to admit it. We've all kicked
back in our cubicles and suddenly felt something brewing down below. As
much as we try to convince ourselves otherwise, the WORK POOP is
inevitable.
For those who hate pooping at work, following is the Survival Guide
for Taking a dump at work.
*CROP DUSTING* - When farting, you walk really fast around the
office so the smell is not in your area and everyone else gets a whiff, but no
one knows where it came from. Be careful when you do this. Do not stop
until the full fart has been expelled. Walk an extra 30 feet to make sure
the smell has left your pants.
*FLY BY* - The act of scouting out a bathroom before pooping. Walk
in and check for other poopers. If there are others in the bathroom,
leave and come back again. Be careful not to become a FREQUENT FLYER.
People may become suspicious if they catch you constantly going into the bathroom.
*ESCAPEE* - A fart that slips out while taking a pee or forcing a
poop in a stall. This is usually accompanied by a sudden wave of
embarrassment. If you release an escapee, do not acknowledge it.
Pretend it did not happen. If you are a man and are standing next to the farter in the urinal,
pretend you did not hear it. No one likes an escapee. It is uncomfortable for all involved.
Making a joke or laughing makes both parties feel uneasy.
*JAILBREAK*- When forcing a poop, several farts slip out at a machine
gun pace. This is usually a side effect of diarrhea or a hangover.
If this should happen, do not panic. Remain in the stall until everyone has
left the bathroom to spare everyone the awkwardness of what just occurred.
*COURTESY FLUSH* - The act of flushing the toilet the instant the
poop hits the water. This reduces the amount of air time the poop has to
stink up the bathroom. This can help you avoid being caught doing the
WALK OF SHAME.
*WALK OF SHAME* - Walking from the stall-to the sink-to the door
after you have just stunk up the bathroom. This can be a very uncomfortable
moment if someone walks in and busts you. As with farts, it is best to
pretend that the smell does not exist.--Can be avoided with the use of
the COURTESY FLUSH.
*OUT OF THE CLOSET POOPER* - A colleague who poops at work and is
Dog-gone proud of it. You will often see an Out-Of-The-Closet Pooper
enter the bathroom with a newspaper or magazine under their arm.
Always look around the office for the Out-Of- The-Closet Pooper before
entering the bathroom.
*THE POOPING FRIENDS NETWORK (P.F.N)* A group of co-workers who band
together to ensure emergency pooping goes off without incident. This
group can help you to monitor the whereabouts of Out-Of-The-Closet
Poopers and identify SAFE HAVENS.
*SAFE HAVENS* A seldom-used bathroom somewhere in t he building
where you can least expect visitors. Try floors that are predominantly of
the opposite sex. This will reduce the odds of a pooper of your sex
entering the bathroom.
*TURD BURGLAR* - Someone who does not realize that you are in the
stall and tries to force the door open. This is one of the most shocking
and vulnerable moments that can occur when taking a poop at work. If
this occurs, remain in the stall until the Turd Burglar leaves. This way
you will avoid all uncomfortable eye contact.
*CAMO-COUGH* A phony cough that alerts all new entrants into the
bathroom that you are in a stall. This can be used to cover-up a
WATERMELON, or to alert potential *Turd Burglars* - Very effective when used in conjunction with a
SHIRLEY TEMPLE .
*SHIRLEY TEMPLE* - A subtle toe-tapping that is used to alert
potential Turd Burglars that you are occupying a stall. This will remove all
doubt that the stall is occupied. If you hea r a SHIRLEY TEMPLE, leave the
bathroom immediately so the pooper can poop in peace.
*WATERMELON* - A poop that creates a loud splash when hitting the
toilet water. This is also an embarrassing incident. If you feel a
Watermelon coming on, create a diversion. See CAMO-COUGH.
*HAVANAOMELET* - A case of diarrhea that creates a series of loud
splashes in the toilet water--often accompanied by an Escapee. Try
using a CAMO-COUGH with a SHIRLEY TEMPLE.
*AUNT BETTY* - A bathroom user who seems to linger around
forever...Could spend extended lengths of time in front of the
mirror or sitting on the pot.
An AUNT BETTY makes it difficult to relax while on the crapper, as
you should always wait to poop when the bathroom is empty. This benefits
you as well as the other bathroom attendees
************************************************** ******************
SOME VARIETIES~
*The King Poop* - This kind is the kind of poop that killed Elvis.
It doesn't come until you're all sweaty, trembling and purple from
straining so hard.
*Bali Belly Poop* - You poop so much you lose 5 lbs.
*Cement Block* - You wish you'd gotten a spinal block before you
poop.
*Cork Poop* - (Also Known as Floater Poop) = Even after the third
flush, it's still floating in there. How do I get rid of it? This poop
usually happens at someone else's house.
*The Bungee Poop* - The kind of poop that just hangs off your rear
before it falls into the water.
*The Crippler* - The kind of poop where you have to sit on the
toilet so long your legs go numb from the waist down.
*The Chitty Chitty Bang Bang* - The kind of poop that hits you when
you're trapped in your car in a traffic jam.
*The Party Pooper* - The giant poop you take at a party and, when
you flush the toilet, you watch in horror as the water starts to rise.
back in our cubicles and suddenly felt something brewing down below. As
much as we try to convince ourselves otherwise, the WORK POOP is
inevitable.
For those who hate pooping at work, following is the Survival Guide
for Taking a dump at work.
*CROP DUSTING* - When farting, you walk really fast around the
office so the smell is not in your area and everyone else gets a whiff, but no
one knows where it came from. Be careful when you do this. Do not stop
until the full fart has been expelled. Walk an extra 30 feet to make sure
the smell has left your pants.
*FLY BY* - The act of scouting out a bathroom before pooping. Walk
in and check for other poopers. If there are others in the bathroom,
leave and come back again. Be careful not to become a FREQUENT FLYER.
People may become suspicious if they catch you constantly going into the bathroom.
*ESCAPEE* - A fart that slips out while taking a pee or forcing a
poop in a stall. This is usually accompanied by a sudden wave of
embarrassment. If you release an escapee, do not acknowledge it.
Pretend it did not happen. If you are a man and are standing next to the farter in the urinal,
pretend you did not hear it. No one likes an escapee. It is uncomfortable for all involved.
Making a joke or laughing makes both parties feel uneasy.
*JAILBREAK*- When forcing a poop, several farts slip out at a machine
gun pace. This is usually a side effect of diarrhea or a hangover.
If this should happen, do not panic. Remain in the stall until everyone has
left the bathroom to spare everyone the awkwardness of what just occurred.
*COURTESY FLUSH* - The act of flushing the toilet the instant the
poop hits the water. This reduces the amount of air time the poop has to
stink up the bathroom. This can help you avoid being caught doing the
WALK OF SHAME.
*WALK OF SHAME* - Walking from the stall-to the sink-to the door
after you have just stunk up the bathroom. This can be a very uncomfortable
moment if someone walks in and busts you. As with farts, it is best to
pretend that the smell does not exist.--Can be avoided with the use of
the COURTESY FLUSH.
*OUT OF THE CLOSET POOPER* - A colleague who poops at work and is
Dog-gone proud of it. You will often see an Out-Of-The-Closet Pooper
enter the bathroom with a newspaper or magazine under their arm.
Always look around the office for the Out-Of- The-Closet Pooper before
entering the bathroom.
*THE POOPING FRIENDS NETWORK (P.F.N)* A group of co-workers who band
together to ensure emergency pooping goes off without incident. This
group can help you to monitor the whereabouts of Out-Of-The-Closet
Poopers and identify SAFE HAVENS.
*SAFE HAVENS* A seldom-used bathroom somewhere in t he building
where you can least expect visitors. Try floors that are predominantly of
the opposite sex. This will reduce the odds of a pooper of your sex
entering the bathroom.
*TURD BURGLAR* - Someone who does not realize that you are in the
stall and tries to force the door open. This is one of the most shocking
and vulnerable moments that can occur when taking a poop at work. If
this occurs, remain in the stall until the Turd Burglar leaves. This way
you will avoid all uncomfortable eye contact.
*CAMO-COUGH* A phony cough that alerts all new entrants into the
bathroom that you are in a stall. This can be used to cover-up a
WATERMELON, or to alert potential *Turd Burglars* - Very effective when used in conjunction with a
SHIRLEY TEMPLE .
*SHIRLEY TEMPLE* - A subtle toe-tapping that is used to alert
potential Turd Burglars that you are occupying a stall. This will remove all
doubt that the stall is occupied. If you hea r a SHIRLEY TEMPLE, leave the
bathroom immediately so the pooper can poop in peace.
*WATERMELON* - A poop that creates a loud splash when hitting the
toilet water. This is also an embarrassing incident. If you feel a
Watermelon coming on, create a diversion. See CAMO-COUGH.
*HAVANAOMELET* - A case of diarrhea that creates a series of loud
splashes in the toilet water--often accompanied by an Escapee. Try
using a CAMO-COUGH with a SHIRLEY TEMPLE.
*AUNT BETTY* - A bathroom user who seems to linger around
forever...Could spend extended lengths of time in front of the
mirror or sitting on the pot.
An AUNT BETTY makes it difficult to relax while on the crapper, as
you should always wait to poop when the bathroom is empty. This benefits
you as well as the other bathroom attendees
************************************************** ******************
SOME VARIETIES~
*The King Poop* - This kind is the kind of poop that killed Elvis.
It doesn't come until you're all sweaty, trembling and purple from
straining so hard.
*Bali Belly Poop* - You poop so much you lose 5 lbs.
*Cement Block* - You wish you'd gotten a spinal block before you
poop.
*Cork Poop* - (Also Known as Floater Poop) = Even after the third
flush, it's still floating in there. How do I get rid of it? This poop
usually happens at someone else's house.
*The Bungee Poop* - The kind of poop that just hangs off your rear
before it falls into the water.
*The Crippler* - The kind of poop where you have to sit on the
toilet so long your legs go numb from the waist down.
*The Chitty Chitty Bang Bang* - The kind of poop that hits you when
you're trapped in your car in a traffic jam.
*The Party Pooper* - The giant poop you take at a party and, when
you flush the toilet, you watch in horror as the water starts to rise.
more...
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decipher
07-09 01:05 AM
If the past employer didn't pay salary, you can file a complaint with DOL regarding unpaid wages (I believe that there are some time limits for such complaints - please check).
Even if you are not going to file such a complaint, you might be able to use it to get the required experience letter from the past employer if needed.
Even if you are not going to file such a complaint, you might be able to use it to get the required experience letter from the past employer if needed.
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spicy_guy
09-19 07:53 PM
hi
they are taking social security, medicare taxes. while we are not getting any benefit out of it. they must stop taking social. they are taking this taxes based on that they will give us permanent status. now they have delayed process near to impossible for EB-3.
Intent of social security and medicare is to support social security benefits, but when they are not granting any of this benefit they should stop taking it from us or should make green card processing faster.
they should clarify this situation since they are taking money from us.
hetal shah
hetalvn@yahoo.com
You will reap the benefits when you retire. Not now
they are taking social security, medicare taxes. while we are not getting any benefit out of it. they must stop taking social. they are taking this taxes based on that they will give us permanent status. now they have delayed process near to impossible for EB-3.
Intent of social security and medicare is to support social security benefits, but when they are not granting any of this benefit they should stop taking it from us or should make green card processing faster.
they should clarify this situation since they are taking money from us.
hetal shah
hetalvn@yahoo.com
You will reap the benefits when you retire. Not now
more...
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gc_aspirant_prasad
09-26 02:52 PM
Whats even worse is that our son who is a US citizen will grow up in some other nation.
Well.. time to move on.
For a number of us this is the unfortunate truth, that our US citizen children will grow up in other countries and may never have the opportunity to form the strong bond with the land of their birth. If they return, they will have to undertake the hard process of acclimatization again.
For those of us who have slightly older children like teens and such - its going to be a major issue as they will have spent considerable time in this system ( educational / social ).
Well.. time to move on.
For a number of us this is the unfortunate truth, that our US citizen children will grow up in other countries and may never have the opportunity to form the strong bond with the land of their birth. If they return, they will have to undertake the hard process of acclimatization again.
For those of us who have slightly older children like teens and such - its going to be a major issue as they will have spent considerable time in this system ( educational / social ).
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alterego
07-13 02:09 PM
Having a cut off date of April or Dec 2001 for the past few years is as good as VISA being unavailable. So India EB3 was unavailable for the last 3 years or so (except last july).
That's not the case with EB2. EB2 on paper has preference, I agree. That does not mean EB2 should have ALL spill over numbers. Split it 75-25 if not 50-50. Dec 2001 for a retrogressed country is just unfair. When you issue some EB2 2006 numbers issue some to EB3 2002 people as well. Is it too much?
Fairness is not what this is about. That is the whole issue. Is it fair that EB2 India has been waiting for years while EB2ROW has been current? Is it fair EB1 is over supplied with visas while EB2 India even EB2NIW was left heavily retrogressed? Worse yet, is it fair that the USCIS interpreted the law wrongly and gave visas to EB3ROW at the expense of EB2I? Was Labor Subs. Fair?
It is not about fair my friend. I am not unsympathetic to your plea for more EB3I relief. There absolutely should be some, and through a legislative fix. However the executive branch of Gov't has to implement the law as it stands.
That's not the case with EB2. EB2 on paper has preference, I agree. That does not mean EB2 should have ALL spill over numbers. Split it 75-25 if not 50-50. Dec 2001 for a retrogressed country is just unfair. When you issue some EB2 2006 numbers issue some to EB3 2002 people as well. Is it too much?
Fairness is not what this is about. That is the whole issue. Is it fair that EB2 India has been waiting for years while EB2ROW has been current? Is it fair EB1 is over supplied with visas while EB2 India even EB2NIW was left heavily retrogressed? Worse yet, is it fair that the USCIS interpreted the law wrongly and gave visas to EB3ROW at the expense of EB2I? Was Labor Subs. Fair?
It is not about fair my friend. I am not unsympathetic to your plea for more EB3I relief. There absolutely should be some, and through a legislative fix. However the executive branch of Gov't has to implement the law as it stands.
more...
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hopefulgc
07-13 12:58 PM
Very good point by alterego.
This letter has a very striking problem in it.. one that can cause a huge problem for the people signing it.
How can one say that they wanted to apply in EB2, but their lawyer said they should apply in EB3?
As pointed out by pappu, Category is determined by job requirements and not the summary qualifications of the beneficiary.
If you sign and say that the lawyer said you should apply in EB3/EB2/whatever, you are essentially stating that lawyers were involved in fabricating the job requirements. This is the same problem that is causing Fragomen clients to be investigated/audited.
This is just an advice. I am prepared to support IV and the members in whatever we decide to follow.
Can I ask why the complaint in the letter about the change in interpretation of the law in favor of Eb2 I? Before jumping on me, read on.
The overflow visas would not go to EB3 I, under either interpretation. They would now go to either oversubscribed EB2 countries namely India and China(horizontally) or as in the past 2 yrs they went to to EB3 ROW under the old interpretation(Vertically).
Arguably the first one is better for EB3 India since atleast, if you are qualified and your employer agrees and your job description is suited to EB2, then you could move. You certainly could not move your country of chargability. If you were hoping for overflow from EB3ROW, it would still have to pass through the gate of EB2I.
Perhaps the person drafting the letter can explain their rationale on including this in the letter.
I agree with Pappu, the single most important thing that could help EB3I in the near term is a visa recapture legislation. That is where the most energy of EB3 and for that matter all of IV membership should be. Specifically the membership needs to get more robust in their actions especially personally meeting lawmakers and their staff. Meeting affected constituents from their districts seems to have the most influence on them.
Additionally, I would not convey the sense that, you were "deciding" on whether to file Eb2 or EB3. That should solely be based on the job description and is more up to the employers discretion in the current law. The beneficiary should not have a role in that(as per what I understand). Additionally, noone was prevented from porting their PD or using Sub labors or moving into EB2 category should the new job description meet the criteria (always remember you being qualified for EB2 means didly squat to the USCIS, it is the job description and the employer's desire for it that the USCIS considers, only then do your qualifications even matter to them). I agree that all of these are irksome to those waiting patiently in line, but those are the rules unfortunately. To my mind, the labor sub. thing was the most egregious, discriminatory and widely abused(thank god it has been ended), unfortunately those in the queue over the last few years paid for it.
This letter has a very striking problem in it.. one that can cause a huge problem for the people signing it.
How can one say that they wanted to apply in EB2, but their lawyer said they should apply in EB3?
As pointed out by pappu, Category is determined by job requirements and not the summary qualifications of the beneficiary.
If you sign and say that the lawyer said you should apply in EB3/EB2/whatever, you are essentially stating that lawyers were involved in fabricating the job requirements. This is the same problem that is causing Fragomen clients to be investigated/audited.
This is just an advice. I am prepared to support IV and the members in whatever we decide to follow.
Can I ask why the complaint in the letter about the change in interpretation of the law in favor of Eb2 I? Before jumping on me, read on.
The overflow visas would not go to EB3 I, under either interpretation. They would now go to either oversubscribed EB2 countries namely India and China(horizontally) or as in the past 2 yrs they went to to EB3 ROW under the old interpretation(Vertically).
Arguably the first one is better for EB3 India since atleast, if you are qualified and your employer agrees and your job description is suited to EB2, then you could move. You certainly could not move your country of chargability. If you were hoping for overflow from EB3ROW, it would still have to pass through the gate of EB2I.
Perhaps the person drafting the letter can explain their rationale on including this in the letter.
I agree with Pappu, the single most important thing that could help EB3I in the near term is a visa recapture legislation. That is where the most energy of EB3 and for that matter all of IV membership should be. Specifically the membership needs to get more robust in their actions especially personally meeting lawmakers and their staff. Meeting affected constituents from their districts seems to have the most influence on them.
Additionally, I would not convey the sense that, you were "deciding" on whether to file Eb2 or EB3. That should solely be based on the job description and is more up to the employers discretion in the current law. The beneficiary should not have a role in that(as per what I understand). Additionally, noone was prevented from porting their PD or using Sub labors or moving into EB2 category should the new job description meet the criteria (always remember you being qualified for EB2 means didly squat to the USCIS, it is the job description and the employer's desire for it that the USCIS considers, only then do your qualifications even matter to them). I agree that all of these are irksome to those waiting patiently in line, but those are the rules unfortunately. To my mind, the labor sub. thing was the most egregious, discriminatory and widely abused(thank god it has been ended), unfortunately those in the queue over the last few years paid for it.
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unitednations
07-10 03:21 PM
UN, I am impressed by your knowledge of immigration laws. Can you point me in right direction as to where I find information regarding the current immigration laws and their interpretations.
I'll tell you how I did it:
1) USCIS administrative appeals office decisions (can be found by navigating around USCIS.GOV
2) USCIS memos/interpretations/policies (can also be found on uscis)
3) Go to department of state web-site. Navigate around it and you will find links to their procedures and interpretations
4) monitor the forums and see postings
5) immigration portal used to have links or summaries to AILA liaision minutes with service centers
6) people used to send me their rfe's, denials and what they lawyers did to get them into the mess. Basically learning how people got into a mess and what uscis did to catch them or to deny their cases
7) go to dol.gov and look for foreign labor certification; there are FAQ's on perm labors and h-1b
8) go to uscis.gov and read the INA and CFR's
--------------------------------------------------------------
If a person is used to reading laws and understanding the hierarchy and then intertwining uscis procedure along with the various service center procedure then you will start to get a clearer understanding.
All of the information is public. Don't rely on what your friend told you as they usually only know what someone else told them.
I had a non compete agreement when I left my employer and couldn't work for one year. During that year; I had nothing to do other then watch tv and watch the portal. No matter how small a question was asked/posted I researched it through all the sources I mentioned above.
Finally; don't do what you think is right or "gut feeling"...
Research it; research it and research it some more. Sometimes what you read at first glance; you make a conclusion to your own benefit without understanding all the other laws/policies/procedures that override it.
I'll tell you how I did it:
1) USCIS administrative appeals office decisions (can be found by navigating around USCIS.GOV
2) USCIS memos/interpretations/policies (can also be found on uscis)
3) Go to department of state web-site. Navigate around it and you will find links to their procedures and interpretations
4) monitor the forums and see postings
5) immigration portal used to have links or summaries to AILA liaision minutes with service centers
6) people used to send me their rfe's, denials and what they lawyers did to get them into the mess. Basically learning how people got into a mess and what uscis did to catch them or to deny their cases
7) go to dol.gov and look for foreign labor certification; there are FAQ's on perm labors and h-1b
8) go to uscis.gov and read the INA and CFR's
--------------------------------------------------------------
If a person is used to reading laws and understanding the hierarchy and then intertwining uscis procedure along with the various service center procedure then you will start to get a clearer understanding.
All of the information is public. Don't rely on what your friend told you as they usually only know what someone else told them.
I had a non compete agreement when I left my employer and couldn't work for one year. During that year; I had nothing to do other then watch tv and watch the portal. No matter how small a question was asked/posted I researched it through all the sources I mentioned above.
Finally; don't do what you think is right or "gut feeling"...
Research it; research it and research it some more. Sometimes what you read at first glance; you make a conclusion to your own benefit without understanding all the other laws/policies/procedures that override it.
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gondalguru
07-08 07:10 PM
I agree with you. I am also of the opinion that July Fiasco has actually helped India and China (oversubscribed countries). USCIS might have approved tons of EB2 and EB3 (India and China) applications to use those 60,000 visa numbers. So, India and China might have got a big pie of the 140,000 EB visas.
With that said I also felt the pain as other members did due to the July bulletin fiasco.
Good to hear that as I am EB2 India with PD 09/2004. Where will EB2 India be in October 07?
Diversity is preferred over Skills and hence there is per country limit at 7%. Many of my colleagues have got their GC being ROW EB2 (from srilanka, nepal, pakistan) and I am very happy for them but at the same time I feel frustrated and disappointed at the system as it discriminates you using your nationality. Nobody can control where they are born then why should they be discriminated based on that factor????
With that said I also felt the pain as other members did due to the July bulletin fiasco.
Good to hear that as I am EB2 India with PD 09/2004. Where will EB2 India be in October 07?
Diversity is preferred over Skills and hence there is per country limit at 7%. Many of my colleagues have got their GC being ROW EB2 (from srilanka, nepal, pakistan) and I am very happy for them but at the same time I feel frustrated and disappointed at the system as it discriminates you using your nationality. Nobody can control where they are born then why should they be discriminated based on that factor????
Vsach
01-09 06:14 PM
:confused:
Why can't we all plan a strategy to get the Green Card process going....rather waste time discussing something like this????
:rolleyes::rolleyes::rolleyes::rolleyes::rolleyes: :rolleyes::rolleyes::rolleyes::rolleyes::rolleyes: :rolleyes::rolleyes::rolleyes::rolleyes::rolleyes: :rolleyes::rolleyes:
Why can't we all plan a strategy to get the Green Card process going....rather waste time discussing something like this????
:rolleyes::rolleyes::rolleyes::rolleyes::rolleyes: :rolleyes::rolleyes::rolleyes::rolleyes::rolleyes: :rolleyes::rolleyes::rolleyes::rolleyes::rolleyes: :rolleyes::rolleyes:
Ahimsa
11-13 06:37 PM
Just watched Lou Dobbs tonight.
Lou tried his usual tactic of calling politicians "powerful".
He said "Next guest is the most powerful chairman, likely chairman, of the ways and means committee in the senate, Charlie Rangel".
Charlie rebutted immediately "I don't know what you mean by that. You can call powerful or whatever, but what we think will matter is how to get things done by working together..."
Lou will never change his course...
Lou tried his usual tactic of calling politicians "powerful".
He said "Next guest is the most powerful chairman, likely chairman, of the ways and means committee in the senate, Charlie Rangel".
Charlie rebutted immediately "I don't know what you mean by that. You can call powerful or whatever, but what we think will matter is how to get things done by working together..."
Lou will never change his course...
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