vbkris77
06-11 01:42 PM
I just want to Thank you for your passion on this subject. Can we think of this from another angle where we approach politicians from our respective countries for a counter trade restrictive bills to make things apples to apples? Just a thought!!!
Look I don't want to say this to you but I am left with no choice. When CEOs such as Steve Ballmer and John Chambers are personally calling the Senators because they think this amendment a real threat, it will be least of our worries what opponents would think about us getting scared. We are not scared, we are simply making our voices heard. If we were scared we won't be doing this.
Now, you have no freaking clue of what is going on behind the scenes, this is your third post in this forum and all these posts in opposition to our action item which we are coordinating with other coalition partners. Why do you think you know more than the folks who are right now speaking with the Senators?
Look I don't want to say this to you but I am left with no choice. When CEOs such as Steve Ballmer and John Chambers are personally calling the Senators because they think this amendment a real threat, it will be least of our worries what opponents would think about us getting scared. We are not scared, we are simply making our voices heard. If we were scared we won't be doing this.
Now, you have no freaking clue of what is going on behind the scenes, this is your third post in this forum and all these posts in opposition to our action item which we are coordinating with other coalition partners. Why do you think you know more than the folks who are right now speaking with the Senators?
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h1b_forever
03-09 01:10 PM
I am getting Red for this. Great.
Some people seem to feel better by giving others red.
Some people seem to feel better by giving others red.
satysh
07-17 03:59 PM
NumberUSA removed the fax now.
http://numbersusa.com/faxcenter
Our collective effort worked. Knowledge & truth always wins. We need to put collective effort to research and attack the contents of these kinds of groups.
http://numbersusa.com/faxcenter
Our collective effort worked. Knowledge & truth always wins. We need to put collective effort to research and attack the contents of these kinds of groups.
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gc_check
07-29 01:19 PM
Given the unemployment rate and also the current market condition, it is not really favorable for starting a Green Card process (Labor/PERM) if you belong to one of the field, where there are adequate number of people already available. The recent economic conditions has flooded the market with many people who might qualify, as the requirement is to accept any US Citizen/Perm Resident, if one has the minimum qualification, even if you do not have all that is requested for. Future GC holder might like this provision after GC !! It is now become even difficult to prove that no matching candidate was found. If you are eligible for EB1/EB2 (National Interest Waiver / Exceptional Ability) where you can get a waiver for labor and go for I-140 directly, then you have a better chance. Sadly (IT/Consultants) etc do not come under this, unless you are that exceptional with many patents, etc.. and have a better designation in the organization. Even couple patents would do no good in this case :(. One of the first step for GC, is to prove that it is not adversely affecting the US Citizen/Permanent Residents already in the country and if the HR is sure on this, they can't prove that no US citizen is available, they will not process GC. Remember the TARP Funded companies had restrictions imposed on them. Some of the companies listed are all good corporation that do thins per the law / books. Well, unless it is a small body shop totally rely on Consultants / Non-immigration worked for any reason, big companies will not spend extra $'s to get the Attorney's to be more creative to get through the process. When supply is adequate, they do not care. Unfortunately this causes so much stress / difficulty for the applicant going through the general EB3/EB2 (labor) category and USCIS slow processing and loop holes that were not addressed in the past but addressed now (Labor Sub. / Diff. process window in diff region, when people with later dates go through first,) per country limit, lost visa numbers cause enormous delay and added stress, but irrespective of all this, people still make it through eventually. A little patience and being persistent and take right steps will help regardless. We all know, the system is bad, complaining against it would not change. Work on making some positive influence on the system and even you fail many times, with each failure you go one step closure to achieve your goal. There were some success/relief that was obtained with the efforts of IV and the likes.. some set backs, but things will change for good. Sadly, due to lack of time, some people get affected the most and others not so much. Thatz life and real !!!
In your case, It is sad, they will not do GC as you were told at the time, when they hired you. But the reality in this is country --> Employment @ will and if you go through rest of the documents you have received, you will also see another clause "Either party can terminate the employment relationship, with or without reason with 2 weeks or without notice" depends on the company wording /time might change. Keep trying for alternate option that will help you get what you want.
In your case, It is sad, they will not do GC as you were told at the time, when they hired you. But the reality in this is country --> Employment @ will and if you go through rest of the documents you have received, you will also see another clause "Either party can terminate the employment relationship, with or without reason with 2 weeks or without notice" depends on the company wording /time might change. Keep trying for alternate option that will help you get what you want.
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vandanaverdia
09-10 03:45 PM
You have to carry a stack load of papers, documents, etc every time you go for your visa stamping & back....
skd
09-18 01:47 PM
This is MUCH worse than Dot-Com bubble, As Dot-Com bubble was just for IT industry, this financial sector, Housing Sector, Insurence Sector. And obviously IT as IT is service industry for all these.
So we don't know what will happen.
It took 3-4 years to recover from dot com bubble........now this is the blast of financial industry so lets see how long it will take to recover....
So we don't know what will happen.
It took 3-4 years to recover from dot com bubble........now this is the blast of financial industry so lets see how long it will take to recover....
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pappu
04-06 07:39 PM
Sure I will give the link..
I know its not fake..because I have 3 people on our floor who came from a visit..who saw these kind of things happening right in front of them (and my friends were GCs so I guess they themselves were left alone).
Now coming to point of posting their experiences themselves..especially in a situation where they were not allowed to enter US, I dont think they have any incentive left to post and seek help from fellow IV..once they are out they are out..
Nothing can bring them back unless they file a new petition and go for stamping..
I can imagine how much pain they might be going through, touchwood if I was to be one ofthem, I dont see myself posting my experience for 3 months or so..
its a different case where someone is inside US and they face a problem, yeah..why not they post straight away, but this is a different territory..we can only expect them to post, its not going to happen or may be rare case.
If we come across a few cases we can explore options. Is there an appeal process? This can be in media and can help future cases. With few case examples, a legal opinion can also be sought if this is legal at POE.
In the absence of real cases, there is no way any action can be taken and it will stay as a forum rumor.
I know its not fake..because I have 3 people on our floor who came from a visit..who saw these kind of things happening right in front of them (and my friends were GCs so I guess they themselves were left alone).
Now coming to point of posting their experiences themselves..especially in a situation where they were not allowed to enter US, I dont think they have any incentive left to post and seek help from fellow IV..once they are out they are out..
Nothing can bring them back unless they file a new petition and go for stamping..
I can imagine how much pain they might be going through, touchwood if I was to be one ofthem, I dont see myself posting my experience for 3 months or so..
its a different case where someone is inside US and they face a problem, yeah..why not they post straight away, but this is a different territory..we can only expect them to post, its not going to happen or may be rare case.
If we come across a few cases we can explore options. Is there an appeal process? This can be in media and can help future cases. With few case examples, a legal opinion can also be sought if this is legal at POE.
In the absence of real cases, there is no way any action can be taken and it will stay as a forum rumor.
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greencardfever2007
04-04 06:51 AM
I think this Bill will die like 2006 SKIL bill.
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Almond
07-05 01:44 PM
OK, you two, I see what you're saying. So one has to pay for the right to start a new thread. In that case those who have questions will start PMing those who seem to know stuff or going offtopic in random threads.
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wellwishergc
08-02 02:42 PM
:D :D
Why don't we nominate your name for the post of 'Director' of USCIS?:D
The visa numbers for Indians in EB2 category is 'unavailable' currently. Every month the USCIS estimates (rather guesses :rolleyes:) the demand for visas in each category adds to it their own forecasted work pace and based on some super secretive formula comes up with a cut-off date....as we all have seen this formula is by no means accurate (knowing how it went from being current for all employment based category in sept 05 to unavailable for eb3 indians at begining of they year to the dates moving 5 years for chinese eb2 in a few months..etc ..etc)
Wouldn't it be nice if USCIS gives themselves a break from the stressful guess work ;) every october and instead of giving cut-off dates, just make eb1-3 'available' for all across the board...then all of us waiting with approved i140's can file 485...get EADs..our wives can work...we can change jobs per will and live happily ever after...May be they can use the data gathered from all the petition received to forecast a better cut-off date for the remaining 11 months...And if they repeat this every year....the most one would have to wait with an approved I40 to file I485 is one year....I am sure lot of guys with pending applications at BECs would also jump on this idea and file new perm petitions...effectively reducing the backlog..if not eliminating it.
Mean while I am proposing all this in humour and not advocating IV to adopt it in their agenda :) ...so don't start pounding on me just yet...
Why don't we nominate your name for the post of 'Director' of USCIS?:D
The visa numbers for Indians in EB2 category is 'unavailable' currently. Every month the USCIS estimates (rather guesses :rolleyes:) the demand for visas in each category adds to it their own forecasted work pace and based on some super secretive formula comes up with a cut-off date....as we all have seen this formula is by no means accurate (knowing how it went from being current for all employment based category in sept 05 to unavailable for eb3 indians at begining of they year to the dates moving 5 years for chinese eb2 in a few months..etc ..etc)
Wouldn't it be nice if USCIS gives themselves a break from the stressful guess work ;) every october and instead of giving cut-off dates, just make eb1-3 'available' for all across the board...then all of us waiting with approved i140's can file 485...get EADs..our wives can work...we can change jobs per will and live happily ever after...May be they can use the data gathered from all the petition received to forecast a better cut-off date for the remaining 11 months...And if they repeat this every year....the most one would have to wait with an approved I40 to file I485 is one year....I am sure lot of guys with pending applications at BECs would also jump on this idea and file new perm petitions...effectively reducing the backlog..if not eliminating it.
Mean while I am proposing all this in humour and not advocating IV to adopt it in their agenda :) ...so don't start pounding on me just yet...
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Appu
10-20 05:30 PM
The democrats will take the house by a very large majority and the senate by a less-than-60 vote majority. So if CIR makes a come back republicans will not be in a very strong position to strike a deal on high-skilled immigration. But there are a number of democrats who also support high-skilled immigration. People opposed to H1B and employment-based green card reforms are on both sides of the aisle (Dems Dick Durbin and Byron Dorgan, Republicans Jeff Sessions and Chuck Grassley for example) but hopefully they will remain a minority. It also looks like vocal supporters like Jon Cornyn will win re-election. But Pete Domenici is retiring. So, on the balance, there will be some change but not a drastic change on the legislative side.
Sen Obama is a very pragmatic and thoughtful person. You should know that he was co-sponsor of the PACE Act which, among other things, tried to create a F4 visa and make it very easy for STEM graduates to get green cards. There is absolutely no need to be panicked about a Obama win. Sen McCain, on the other hand, seems to have gone back on many of his immigration promises these last few months. It will be a concern if there is a democratic congress and McCain is in the White House.
Sen Obama is a very pragmatic and thoughtful person. You should know that he was co-sponsor of the PACE Act which, among other things, tried to create a F4 visa and make it very easy for STEM graduates to get green cards. There is absolutely no need to be panicked about a Obama win. Sen McCain, on the other hand, seems to have gone back on many of his immigration promises these last few months. It will be a concern if there is a democratic congress and McCain is in the White House.
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ImmiLosers
11-22 07:41 PM
Document URL
http://www.uscis.gov/files/pressrelease/afm_ch22_091206R.pdf
PAGE 27
(1) Determining the Priority Date.
In general, if a petition is supported by an individual labor certification issued by DOL, the priority date is the earliest date upon which the labor certification application was filed with DOL. In those cases where the alien�s priority date is established by the filing of the labor certification, once the alien�s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see the section on successor in interest).
PAGE 28
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions. For example:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification:)
It looks like law is not clear about revocation of I-140 or am I missing something
http://www.uscis.gov/files/pressrelease/afm_ch22_091206R.pdf
PAGE 27
(1) Determining the Priority Date.
In general, if a petition is supported by an individual labor certification issued by DOL, the priority date is the earliest date upon which the labor certification application was filed with DOL. In those cases where the alien�s priority date is established by the filing of the labor certification, once the alien�s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see the section on successor in interest).
PAGE 28
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions. For example:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification:)
It looks like law is not clear about revocation of I-140 or am I missing something
more...
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Novice
07-15 12:31 PM
I have an AP and my Priority date is current. What will happend to my AP when my 485 is approved and I am out of country?
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glus
07-28 09:31 AM
If you see the letter and spirit of clause in the said notification, an employment letter is not required and adjudicator has to send RFE if he feels required. File with latest paystubs. If RFE sent to you , then again file latest paystub to show that you was in employment with that employer from the date of filing 485 petition and for at least another 6-7 months further to that date.
Please don't spread incorrect statements. An employment letter is part of initial evidence and one of the most important things in the whole employment=based cases. Paystubs only show that you work, but they don't show what you do. I485 can't be approved without CURRENT employment verification letter. In fact, people whose I485 are pending for a long time (2-3 years) very often receive a RFE for an updated (current) employment letter since the original letter sent with application is simply too old. That is a fact, and not rumor. If you don't believe, review I485 instructions which say that employment letter must be there as initial evidence.
Please don't spread incorrect statements. An employment letter is part of initial evidence and one of the most important things in the whole employment=based cases. Paystubs only show that you work, but they don't show what you do. I485 can't be approved without CURRENT employment verification letter. In fact, people whose I485 are pending for a long time (2-3 years) very often receive a RFE for an updated (current) employment letter since the original letter sent with application is simply too old. That is a fact, and not rumor. If you don't believe, review I485 instructions which say that employment letter must be there as initial evidence.
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LONGGCQUE
06-10 03:59 PM
Just sent it Nebraska Senators
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qesehmk
02-12 01:28 PM
pbuckeye, , You are still more concerned about what immigration body shop has to say than the facts and numbers on the ground. I am confused :confused:
This whole thread is about what Ron Gotcher published. I didn't start this thread. I am only contributing my view that based on available information some things make sense and some dont. The things that do make some sense is wastage of visa numbers in 2010. We have some facts to support the "theory" but not enough.
What doesn't make sense is Ron's assertion that USCIS wasted 13K EB visas in 2009. Facts simply don't support that.
Does this help? (Again this is my view... don't want to push it onto others)
This whole thread is about what Ron Gotcher published. I didn't start this thread. I am only contributing my view that based on available information some things make sense and some dont. The things that do make some sense is wastage of visa numbers in 2010. We have some facts to support the "theory" but not enough.
What doesn't make sense is Ron's assertion that USCIS wasted 13K EB visas in 2009. Facts simply don't support that.
Does this help? (Again this is my view... don't want to push it onto others)
more...
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girijas
09-10 11:01 AM
There were discussing the first bill - something about horses.
They have gone to recess and will be back at 1pm. I guess they will start with the horses again and then the next two bills concerning humans and we are next - the aliens :)
They have gone to recess and will be back at 1pm. I guess they will start with the horses again and then the next two bills concerning humans and we are next - the aliens :)
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kaisersose
08-17 10:06 AM
hi everyone,
I want to get feedback about the possibility of pursuing PERM for EB2 and still capture my PD for EB3. Here is my situation.
I am a South Korean with PD in Dec. 04 on EB3. I filed I-485 along with EAD & AP on 7/25/07.
I recently got a master's degree in another field, and my current job can hire me in a different position.
Q1. If I ask my employer to file PERM on EB2 for the new position requiring the master's degree, I should be able to capture the PD (12/04) for my EB3, right?
Q2. Based on the september visa bulletin, should I wait on the EB-3 AOD application to be processed or would it be faster to switch to EB-2 and refile I-485? Please explain why.
Thanks.
A1: If you have an approved I-140 for the earlier PD, the answer is yes.
A2: You do not have to refile 485. Apply for PERM and get a new 140 for this PERM substituting your earlier PD. Now you will have an EB2 I-140 with the 2004 PD. There is an option to replace the 140 for an already filed 485. Just do that and you are all set.
I want to get feedback about the possibility of pursuing PERM for EB2 and still capture my PD for EB3. Here is my situation.
I am a South Korean with PD in Dec. 04 on EB3. I filed I-485 along with EAD & AP on 7/25/07.
I recently got a master's degree in another field, and my current job can hire me in a different position.
Q1. If I ask my employer to file PERM on EB2 for the new position requiring the master's degree, I should be able to capture the PD (12/04) for my EB3, right?
Q2. Based on the september visa bulletin, should I wait on the EB-3 AOD application to be processed or would it be faster to switch to EB-2 and refile I-485? Please explain why.
Thanks.
A1: If you have an approved I-140 for the earlier PD, the answer is yes.
A2: You do not have to refile 485. Apply for PERM and get a new 140 for this PERM substituting your earlier PD. Now you will have an EB2 I-140 with the 2004 PD. There is an option to replace the 140 for an already filed 485. Just do that and you are all set.
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tikka
07-02 08:20 PM
I put in $100 today to fight for our cause
for your contribution:)
for your contribution:)
Chris Rock
08-11 03:16 PM
If there is a non-controversial immi. law change attempt I will donate $500. I will also bring my friends and the total may exceed $2000. We all willing to donate but only if we know that there is good chance of passing.
If there is an attempt to push ideas like recapture, forget it. It will not pass in this economy. I do not want to waste my money and time on those kind of ideas.
IMHO. Not to find fault with anyone. Please do not mistake me.
If there is an attempt to push ideas like recapture, forget it. It will not pass in this economy. I do not want to waste my money and time on those kind of ideas.
IMHO. Not to find fault with anyone. Please do not mistake me.
friend_in_NC
07-03 04:23 PM
Contributed $100 for the lawsuit.
Confirmation Number: 40W931175C853351T.
Confirmation Number: 40W931175C853351T.
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