tikka
05-23 08:50 AM
I apologize if the post sounded discouraging / instigating to members. I do completely support IV team, particularly because it is a collective decision made by a dedicated group which certainly would be much more wise than what I think with my limited awareness on this whole issue. Yes indeed as somebody pointed out--if the backlog is removed completely there would not be a need for H1b 3 year renewal.
No worries. It's all good. Everyone is a little stressed.
Please do email the senators !
No worries. It's all good. Everyone is a little stressed.
Please do email the senators !
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perm
08-06 02:35 PM
My checks cashed. Mailed I485-EB2, EAD, AP on June 29th, reached USCIS - NSC on July 2nd 10:25 am by Fedex. Checks cashed on 8/3 - Still not be able to see the back side of the image for RD etc. My I-140 was approved last year from TSC.
I was expecting my case to be transfered rom NSC to TSC!!?? also NO lud on I-140 case so far.
I was expecting my case to be transfered rom NSC to TSC!!?? also NO lud on I-140 case so far.
mhkumar
02-09 12:48 PM
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mbawa2574
09-08 01:52 PM
July 3 filer NSC : all 6 checks got cashed.
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rsharma
09-24 09:52 AM
It is legal per INA to do that.. So your letters and your friends letters are just gutted in the trash right away.. :p
I agree.. Remember labor substitution was also legal once upon a time. However when people reported the facts to USCIS the labor substitution was banned..
But buy then major damage was done..
Therefore EB2 guys wake up till there is time.
I agree.. Remember labor substitution was also legal once upon a time. However when people reported the facts to USCIS the labor substitution was banned..
But buy then major damage was done..
Therefore EB2 guys wake up till there is time.
shsk
08-01 03:06 PM
Applied for EAD on June 08 2008
Got approval on July 21 2008
Got EAD on July 31 2008
Two year EAD with Expiry date of 10/02/2010 (My first EAD was expiring on 10/03/2008
Spouse got EAD one day before.
I-485 Category is EB3
Got approval on July 21 2008
Got EAD on July 31 2008
Two year EAD with Expiry date of 10/02/2010 (My first EAD was expiring on 10/03/2008
Spouse got EAD one day before.
I-485 Category is EB3
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gc_on_demand
04-30 01:52 PM
My guess is Eb3 India will not be current this year. From other Law firm site I observe that we will see mini version of what happend last year so I guess Eb2 I will be current .. ( Not because I am Eb2 ( I ) ) . Eb3 ROW will be C guys soon..
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sdudeja
09-18 01:06 PM
:)I applied for my wife's EAD renewal online on 11 august and got the card in mail on 15 sep. I guess this was a good experience.
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walking_dude
10-08 04:07 PM
How do you know its rare? Do you know every Indian, every Chinese, every Mexican, every Phillipino [ all non-ROW countries] who has ever applied for EB GC? Mathew Oh posting about it shows it's being used by substantially.
In the same stroke, if we count the people who got stuck behind despite earlier PDs using real statistics, it may turn out to be less than 'Alternate Chargeability' + American spouse cases. Most people have been getting GCs by PDs!
Labour substituition is no longer allowed. But thousands of Substitution labors got approved just prior to July 16th(?) DOL deadline. So how trustworthy is the "holy" PD?
How many Indians do you know who have married sri lankans or pakistanis??? Its rare and its not worth making an issue.
India/China has huge population and therefore the number of applications far exceed ROW. Now who is to blame? Our parents? Our nation? Our politicians?
Labour substituition----Now thats bad...but its no longer allowed
In the same stroke, if we count the people who got stuck behind despite earlier PDs using real statistics, it may turn out to be less than 'Alternate Chargeability' + American spouse cases. Most people have been getting GCs by PDs!
Labour substituition is no longer allowed. But thousands of Substitution labors got approved just prior to July 16th(?) DOL deadline. So how trustworthy is the "holy" PD?
How many Indians do you know who have married sri lankans or pakistanis??? Its rare and its not worth making an issue.
India/China has huge population and therefore the number of applications far exceed ROW. Now who is to blame? Our parents? Our nation? Our politicians?
Labour substituition----Now thats bad...but its no longer allowed
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realizeit
05-08 07:08 PM
I think, this argument is wrong! Legally, any descrimination based on national origin is not valid.
Even if congress passes a law, it can be challenged in court - and court can declare the law as unconstitutional based on the basic rights allowed in the constitution. If we can prove that a law is against the constitution, court can declare it as invalid.
See the Justice Departments Site validating this argument (link below):
http://www.usdoj.gov/crt/legalinfo/natorigin.php
IN US, CONSTITUTION is above, CONGRESS, JUDICIARY and EXECUTIVE branch. ALL LAWS IN the US must obey the principles laid out in the CONSTITUTION.
At present, in the United states there are 1000s of (state and federal) law provisions which acts against the constitution. Until someone challenges those, it will stay the same.
Department of Justice's CIVIL rights division will take up cases related to any discrimination based on National Origin.
In this case, one arm of the Federal goverment is discriminating us and we need to have some help from the other arm of the government (Department of Justice) and the Judicial System, to prove this discrimination.
If we can prove in a court that this is discrimination , that day onwards, country quota will become invalid. Congress has to alter the law then.
I dont believe in flower/food/sos campaigns to resolve this problem...just because it worked once before doesnt mean it is going to work again..have we pursued a class action lawsuit against Department of State/Labor/USCIS for unlawful discrimination based on the country of birth in Employment Based Visas. Any idea if IV core ever took up this path? Can we attempt to do this? What are the costs involved and can we get some good lawyer representation to this goal?
You can only go in court if some agency is not following law disigned by congress. You cannot challenge congress in Court to change law.
Please contribute / Join State chapter / join evey campaign by IV . We have plan to fight for counrty cap along with recapture and some other stuff.
So Please join and ask your friends to join.
Even if congress passes a law, it can be challenged in court - and court can declare the law as unconstitutional based on the basic rights allowed in the constitution. If we can prove that a law is against the constitution, court can declare it as invalid.
See the Justice Departments Site validating this argument (link below):
http://www.usdoj.gov/crt/legalinfo/natorigin.php
IN US, CONSTITUTION is above, CONGRESS, JUDICIARY and EXECUTIVE branch. ALL LAWS IN the US must obey the principles laid out in the CONSTITUTION.
At present, in the United states there are 1000s of (state and federal) law provisions which acts against the constitution. Until someone challenges those, it will stay the same.
Department of Justice's CIVIL rights division will take up cases related to any discrimination based on National Origin.
In this case, one arm of the Federal goverment is discriminating us and we need to have some help from the other arm of the government (Department of Justice) and the Judicial System, to prove this discrimination.
If we can prove in a court that this is discrimination , that day onwards, country quota will become invalid. Congress has to alter the law then.
I dont believe in flower/food/sos campaigns to resolve this problem...just because it worked once before doesnt mean it is going to work again..have we pursued a class action lawsuit against Department of State/Labor/USCIS for unlawful discrimination based on the country of birth in Employment Based Visas. Any idea if IV core ever took up this path? Can we attempt to do this? What are the costs involved and can we get some good lawyer representation to this goal?
You can only go in court if some agency is not following law disigned by congress. You cannot challenge congress in Court to change law.
Please contribute / Join State chapter / join evey campaign by IV . We have plan to fight for counrty cap along with recapture and some other stuff.
So Please join and ask your friends to join.
more...
chanduv23
07-10 03:41 PM
Folks, here is what I am able to gather by self employment
(1) One can be self employed
(2) 1099 or w2 - kinda tricky - most people I talked to do w2 and any profits they get after they take their salary are bonuses
(3) The job has to be legitimate - in the same or similar category - you must be doing duties that are similar in nature to your 140 petition
(4) What is meant by legitimate is - you must simply not be doing "nothing" - there must be income and you must be doing your duties.
Correct me if I am wrong
(1) One can be self employed
(2) 1099 or w2 - kinda tricky - most people I talked to do w2 and any profits they get after they take their salary are bonuses
(3) The job has to be legitimate - in the same or similar category - you must be doing duties that are similar in nature to your 140 petition
(4) What is meant by legitimate is - you must simply not be doing "nothing" - there must be income and you must be doing your duties.
Correct me if I am wrong
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bkarnik
05-05 11:13 AM
In continuation of the post from Nenneo, I had the chance to see Newt Gingrich, ex-speaker of the house and who is currently testing the waters for a possible 2008 Pres. nomination from the GOP. His response, I think, speaks volumes about the type of people the GOP would like to see here.
He indicated that he is totally against illegal immigration and pro legal immigration. But, when it came to students who were pursuing higher education in the US, according to Newt, "is a no-brainer, we get them here, we train and teach them, it does not make sense to let them go. These students should be given a visa as soon as they find a job, as long as they have not committed any felony and especially since the students have been in the US for 2+years it is sufficient time to get to know them and their backgrounds and for them to be assimilated in the US way of life."
My 2-cents to clarify the thinking behind giving more preference to US educated students vs non-US educated ones. This coming from a senior GOP leader.
He indicated that he is totally against illegal immigration and pro legal immigration. But, when it came to students who were pursuing higher education in the US, according to Newt, "is a no-brainer, we get them here, we train and teach them, it does not make sense to let them go. These students should be given a visa as soon as they find a job, as long as they have not committed any felony and especially since the students have been in the US for 2+years it is sufficient time to get to know them and their backgrounds and for them to be assimilated in the US way of life."
My 2-cents to clarify the thinking behind giving more preference to US educated students vs non-US educated ones. This coming from a senior GOP leader.
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nehas
01-29 05:59 PM
in trouble. I am not on H1 but I think the moment you get H1, in this case COS from H4 to H1 within few months you should have paying job. There will be problem at time of extension if no paystubs are present. Bench or not employer need to Pay H1b if he has hired one.
But as of now he is not paying me any thing. so is there any thing that I can do about it?
But as of now he is not paying me any thing. so is there any thing that I can do about it?
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Caliber
07-28 10:21 AM
It is indeed sad that you continue to pontificate from a perch of indifference and ignorance. We all know that the entire EB immigration system is not a zero sum game (just ask Ron Hira and his ilk). Sad thing is, when it comes to EB3 I's, EB 2's such as you suddenly transform into a Ron Hira lite ... going about throwing broad hints about how the system is setup the way it is ... to serve those 'higher in the pecking order'.
If we were to buy this weak attempt at making a 'logical point', I would be glad to give Ron a call and have his folks look into YOUR respective EB2 applications and find out if there REALLY was "NO" qualified US worker available for that job. Want to play that game?
Look, the EB system is what it is. Instead of trying to bait others into silence by suddenly finding 'fairness in this system', only because this part of the puzzle narrowly goes to serve / protect your gains ... try to come together to fix the underlying weakness in the system.
For the record, I am not bitter about a 7+ year 'wait'. On the contrary, I have grown professionally thanks to the opportunity to focus my energies towards building a Billion dollar corporation. That said, I would LOVE to see the paperwork of EB2 Java 'gurus' and L1 converts stand up to true scrutiny ... and that would open a whole new can of worms. Game?
A great explanation. Your challenge is good. Those who oppose this, should come forward to check if there are really no qualified US Citizens available for their jobs.
I know many L1 employees of Cognizant who come on L1 as Managers with just 2 years of Experience and file in EB1. Sad part is few people use Legal loopholes and screw all others.
If we were to buy this weak attempt at making a 'logical point', I would be glad to give Ron a call and have his folks look into YOUR respective EB2 applications and find out if there REALLY was "NO" qualified US worker available for that job. Want to play that game?
Look, the EB system is what it is. Instead of trying to bait others into silence by suddenly finding 'fairness in this system', only because this part of the puzzle narrowly goes to serve / protect your gains ... try to come together to fix the underlying weakness in the system.
For the record, I am not bitter about a 7+ year 'wait'. On the contrary, I have grown professionally thanks to the opportunity to focus my energies towards building a Billion dollar corporation. That said, I would LOVE to see the paperwork of EB2 Java 'gurus' and L1 converts stand up to true scrutiny ... and that would open a whole new can of worms. Game?
A great explanation. Your challenge is good. Those who oppose this, should come forward to check if there are really no qualified US Citizens available for their jobs.
I know many L1 employees of Cognizant who come on L1 as Managers with just 2 years of Experience and file in EB1. Sad part is few people use Legal loopholes and screw all others.
more...
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NIW
11-22 12:46 AM
I was shocked to read your post and tears rolled on my cheeks. But I admire your determination to achieve your goal. Oh my God! You are a different kind of guy, Please don't lose your hope. I really don't know what kind of cancer and what stage are you at but I believe miralcles do happen. We all will pray for you. We wish you the best. I really want to say so many things but I don't know how.
All I say is God bless you my friend, Keep fighting and never give up.
An unknown friend
All I say is God bless you my friend, Keep fighting and never give up.
An unknown friend
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desi3933
07-12 06:43 PM
.....
If AC21 memo is non-binding, which immigartion law is binding? We can go with only current rules/laws; the rest is speculation.
USCIS memoranda articulate internal guidelines for agency personnel; they do not establish judicially enforceable standards.
http://www.uscis.gov/err/D7%20-%20Intracompany%20Transferees%20(L-1A%20and%20L-1B)/Decisions_Issued_in_2008/Nov032008_17D7101.pdf (http://www.uscis.gov/err/D7%20-%20Intracompany%20Transferees%20%28L-1A%20and%20L-1B%29/Decisions_Issued_in_2008/Nov032008_17D7101.pdf)
CIS memoranda articulate internal guidelines for agency personnel; they do not establish judicially enforceable standards. Agency interpretations that are not arrived at through precedent decision or notice and comment rule making such as those in opinion letters, policy statements, agency manuals, and lack the force of law
.
If AC21 memo is non-binding, which immigartion law is binding? We can go with only current rules/laws; the rest is speculation.
USCIS memoranda articulate internal guidelines for agency personnel; they do not establish judicially enforceable standards.
http://www.uscis.gov/err/D7%20-%20Intracompany%20Transferees%20(L-1A%20and%20L-1B)/Decisions_Issued_in_2008/Nov032008_17D7101.pdf (http://www.uscis.gov/err/D7%20-%20Intracompany%20Transferees%20%28L-1A%20and%20L-1B%29/Decisions_Issued_in_2008/Nov032008_17D7101.pdf)
CIS memoranda articulate internal guidelines for agency personnel; they do not establish judicially enforceable standards. Agency interpretations that are not arrived at through precedent decision or notice and comment rule making such as those in opinion letters, policy statements, agency manuals, and lack the force of law
.
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GCard_Dream
12-11 12:38 PM
Well.. may be that's the dose of reality core team needs to give to its members and that may wake up non-contributing, non-helping, and just log in to check status type of members. Just come out and say that we are too small of a group with very limited resources and influence on the capitol hill and we can't get any of our goals including non-controversial ones passed unless we have at least XXX number of members and X dollars in contribution. At least this will set the facts straight and members won't have a false expectation on some of these non-controversial measures.
Once that is clear, may be folks who are staying back or hesitating in terms of either contributing or supporting IV in membership increase will realize that it's either time to act or preserve the status quo.
All I am saying is that may be we should make the reality on the ground and rules of engagement clear to all members/non-members so that they can all set only a reasonable amount of expectation from IV under the circumstances unless something drastically changes like the membership or the contribution.
So far, we have piggy-backed on CIR and SKIL both of which were to a large extent driven by corporate interest. If you take these realities into consideration, provisions like 485 etc are not low hanging fruits any more, because we no longer have a stool to stand on. Given the infamous intertia of the lawmakers, introducing our own independent provisions will take a lot more than a membership base of around 6-7K, a contributing base of around 2k and a free-riding/blissfully ignorant base of 900k+.
Unless we become a truly representative organisation of prospective EB immigrants, we cannot take on the combined might of the anti-immigrants and the H1 thristy corporates. Not to be negative, just giving an alternate opinion.
Once that is clear, may be folks who are staying back or hesitating in terms of either contributing or supporting IV in membership increase will realize that it's either time to act or preserve the status quo.
All I am saying is that may be we should make the reality on the ground and rules of engagement clear to all members/non-members so that they can all set only a reasonable amount of expectation from IV under the circumstances unless something drastically changes like the membership or the contribution.
So far, we have piggy-backed on CIR and SKIL both of which were to a large extent driven by corporate interest. If you take these realities into consideration, provisions like 485 etc are not low hanging fruits any more, because we no longer have a stool to stand on. Given the infamous intertia of the lawmakers, introducing our own independent provisions will take a lot more than a membership base of around 6-7K, a contributing base of around 2k and a free-riding/blissfully ignorant base of 900k+.
Unless we become a truly representative organisation of prospective EB immigrants, we cannot take on the combined might of the anti-immigrants and the H1 thristy corporates. Not to be negative, just giving an alternate opinion.
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walking_dude
10-08 02:42 PM
Have you been hit on the head by a hammer? I see a future Ron Hira in you.
GC was, is and will be a game of Inky-Pinky-Ponky with or without retrogression. There's no way it can be made 100% FIFO without installing cameras to monitor every IO adjudicating the case.
..... I do not support the notion of ending retrogression. Given that there are only a finite number of visa quotas, ending retrogression will make the GC a game of Inky-Pinky-Ponky.....
GC was, is and will be a game of Inky-Pinky-Ponky with or without retrogression. There's no way it can be made 100% FIFO without installing cameras to monitor every IO adjudicating the case.
..... I do not support the notion of ending retrogression. Given that there are only a finite number of visa quotas, ending retrogression will make the GC a game of Inky-Pinky-Ponky.....
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akhilmahajan
02-09 12:34 PM
Bump..............
eb3_nepa
12-11 07:50 AM
Guys even H1B increases are not that bad. A lot of our spouses could get jobs on h1b if it was open just now. Ultimately isint that what we want? Both husband and wife working?
I know that it could have a possible effect on the EB but I think a LOT of our spouses could work if the H1B quota was available. I know atleast 2-3 such friends whose wives can easily get jobs if the H1B was open.
I know that it could have a possible effect on the EB but I think a LOT of our spouses could work if the H1B quota was available. I know atleast 2-3 such friends whose wives can easily get jobs if the H1B was open.
abq_gc
09-28 02:42 PM
This is what my lawyer says about EAD card.
"" If you want to use your EAD card, you should wait 180 days after the USCIS
received your I-485 application. You do not need to return to your sponsoring
employer if you use your EAD card after the 180 day waiting period. ""
Any comments ?
Thanks,
abqgc
"" If you want to use your EAD card, you should wait 180 days after the USCIS
received your I-485 application. You do not need to return to your sponsoring
employer if you use your EAD card after the 180 day waiting period. ""
Any comments ?
Thanks,
abqgc
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