gman
08-03 09:21 PM
I am EB3-ROW with PD of Feb 2006. My I-140 (filed as systems analyst) is approved and I filed my I4285 in Aug 16, 2007 (RD). I have approved EAD and AP good until Nov 21, 2008. I have been offered a job as Director of Software Development at another company in the same state. Because my I-485 has been pending for over 180 days I'm assuming I should be able to take the job under AC21. The new job seems a natural progression to my career (a promotion of course) but the USCIS has not issued definite guidelines on how to define a "similar" job. What's your advice on this? Should I take the job?
Thanks,
Thanks,
wallpaper ashton kutcher calvin klein
snathan
01-16 07:20 PM
There is no such requirement for fresh H1B as well as renewal as per Law. That is why we call it an ILLEGAL memo. We all need to fight this together.
NB: I am not a specialist in law
We need to come up with a road map and how to fight?
NB: I am not a specialist in law
We need to come up with a road map and how to fight?
logiclife
06-26 12:21 PM
Yes, the august bulletin will be showing retrogressed dates. But when August bulletin is issued in mid-July, it does not impact the petitions received in July, because the August bulletin applies to August and even if August is retrogressed until 1975, they still have to accept 485s until 31st July.
That's what your lawyer said. Right?
That's what your lawyer said. Right?
2011 2011 +ashton+kutcher Model
sanjay
03-27 12:01 PM
One idiot without giving him name in comments started abusing in Hindi language.
Dude when you have guts to put comments then put your name in it. So that I know who has issues with my comments to thread.
And just don't give red " just for the sake of giving it make you feel happy ".
Dude when you have guts to put comments then put your name in it. So that I know who has issues with my comments to thread.
And just don't give red " just for the sake of giving it make you feel happy ".
more...
samay
07-15 05:10 PM
Dear Attorney,
A million thanks for this website. I have a unique problem and I humbly request your expert advice on my situation.
I am a physical therapist from India who got 221(g) after H1B interview. 221g tells me to take and pass the physical therapy licensing exam before they could issue the visa. I have Visa Screen certificate from CGFNS, educational equivalency report and approval letter to take NPTE exam(licensing exam) from physical therapy state board of Maryland.
The problem is that, licensing exam is offered only in US mainland and to take the exam they should have given me H1B visa. I even submitted to the consular officer, USCIS memo on H-1B Specialty Occupation Licensure Requirements dated March 21, 2008 regarding 1 year temporary approval, still she gave me 221g.
One more interesting thing is that 3 of my friends who had the H1B interview with the same set of documents and without licence, with other consular officers on same day, was stamped visa without a question on licence.
Kindly advice me if there is any way I shall sucessfully appeal on 221(g) and get the H1B visa stamped. Thank you very much in advance and god bless you. With lots of regards,
John
Do you have an attorney. If yes then contact him if not then please contact me and we can discus your successful appeal.
A million thanks for this website. I have a unique problem and I humbly request your expert advice on my situation.
I am a physical therapist from India who got 221(g) after H1B interview. 221g tells me to take and pass the physical therapy licensing exam before they could issue the visa. I have Visa Screen certificate from CGFNS, educational equivalency report and approval letter to take NPTE exam(licensing exam) from physical therapy state board of Maryland.
The problem is that, licensing exam is offered only in US mainland and to take the exam they should have given me H1B visa. I even submitted to the consular officer, USCIS memo on H-1B Specialty Occupation Licensure Requirements dated March 21, 2008 regarding 1 year temporary approval, still she gave me 221g.
One more interesting thing is that 3 of my friends who had the H1B interview with the same set of documents and without licence, with other consular officers on same day, was stamped visa without a question on licence.
Kindly advice me if there is any way I shall sucessfully appeal on 221(g) and get the H1B visa stamped. Thank you very much in advance and god bless you. With lots of regards,
John
Do you have an attorney. If yes then contact him if not then please contact me and we can discus your successful appeal.
sroyc
09-24 04:38 AM
Please see my inline comment.
Based on following link:
http://www.uscis.gov/USCIS/New%20Structure/2nd%20Level%20%28Left%20Nav%20Parents%29/Green%20Card%20-%202nd%20Level/Pending%20Form%20I-485%20Reports.pdf
28.6%/5 = 5.72% for EB3-India + Spillover from EB2 and EB1, not more than 10,000 of which to "Other Workers".
28.6%/5 = 5.72% for EB2-India + spillover from EB1
28.6%/5 = 5.72% for EB1-India + spillover from EB4 and EB5
Each category is 28.6% WW Quota.
WW Quota consists of 5 country specific sub-quotas 1)India 2)China 3) Mexico 4) Philipines 5)ROW.
This is incorrect. ICMP get 7% of the 28.6%. ROW gets roughly 28.6% - 4 X 7% X 28.6%
Based on page 1, I do math as under for Philippines categories.
-------------------------------------------------------------------------------------
1) Quota for EB4 -->7% x 140000/5=1960, Pending: 70 Quota to be spilled over to EB1= 1890
2) Quota for EB5 --> 7% x 140000 / 5 = 1960, Pending: 0 Quota to be spilled over to EB1 = 1960
3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1890 + EB5 spillover 1960 = 11858 - pending 74 = Total
11784 will go to EB2
4) Quota for EB2 --> 5.72% x 140000 = 8008 + 11784 =19792, Pending: 510, So total 19282 VISA numbers will be spilled
over to EB3.
5) Quota for EB3 --> 5.72% x 140000 = 8008 + 19282 spill over =27290 - 11563 Pending = 15727 VISA extra.
6) �Other Workers� � Pending: 264 TOTAL UNUSED VISAS = 15727-264 = 15463 UNUSED VISAS will go to the quota
of other countries.
Based on page 3, I do math as under for ROW categories.
------------------------------------------------------------------------------
1) Quota for EB4 -->7% x 140000/5=1960, Pending: 1378 Quota to be spilled over to EB1= 582
2) Quota for EB5 --> 7% x 140000 / 5 = 1960, Pending: 40 Quota to be spilled over to EB1 = 1920
3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 582 + EB5 spillover 1920 = 10510 - pending 2477 = Total
8033 will go to EB2
4) Quota for EB2 --> 5.72% x 140000 = 8008 + 8033 =16031, Pending: 7150, So total 8881 VISA numbers will be spilled
over to EB3.
5) Quota for EB3 --> 5.72% x 140000 = 8008 + 8881 spill over =16889. Pending: 62840 -16889 = 45951 applications will
still be pending and pushed to year 2011.
Based on page 4, I do math as under for China categories.
-----------------------------------------------------------------------------------
1) Quota For EB4 --> 7% x 140000 / 5 = 1960, Pending: 384 Quota to be spilled over to EB1 = 1576
2) Quota For EB5 --> 7% x 140000 / 5 = 1960, Pending: 13 Quota to be spilled over to EB1 = 1947
3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1576 + EB5 spillover 1947 = 11531 - pending 607 =
Total 10924 will go to EB2
4) Quota for EB2 --> 5.72% x 140000 = 8008 + 10924 =18932, Pending: 19333, So total 401 applications will be pushed to
year 2011 with pending approval.
5) Quota for EB3 --> 5.72% x 140000 = 8008 + no spillover = 8008 � 6343 Pending = 1665 visas Extra.
6) �Other Workers� � Pending: 30 TOTAL UNUSED VISAS = 1665-30 = 1635 UNUSED VISAS will go to the quota
of other countries.
Based on page 5, I do math as under for India categories.
-----------------------------------------------------------------------------
1) Quota for EB4 -->7% x 140000/5=1960, Pending: 123 Quota to be spilled over to EB1= 1960-123 = 1837
2) Quota for EB5 --> 7% x 140000 / 5 = 1960, Pending: 13 Quota to be spilled over to EB1 = 1960-13 = 1947
3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1837 + EB5 spillover 1947 = 11792 - pending 418 = Total
11374 will go to EB2
4) Quota for EB2 --> 5.72% x 140000 = 8008 + 11374 =19382, Pending: 47728, So total 28346 applications will still be
pending for year 2011.
5) Quota for EB3 --> 5.72% x 140000 = 8008, no spill over. Pending: 62607 -8008 = 54599 applications will still be pending
and pushed to year 2011.
Based on page 6, I do math as under for Mexico categories.
-----------------------------------------------------------------------------------
1) Quota For EB4 --> 7% x 140000 / 5 = 1960, Pending: 62 Quota to be spilled over to EB1 = 1960-62=1898
2) Quota For EB5 --> 7% x 140000 / 5 = 1960, Pending: 0 Quota to be spilled over to EB1 = 1960
3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1898 + EB5 spillover 1960 = 11866 - pending 174 =
Total 11692 will go to EB2
4) Quota for EB2 --> 5.72% x 140000 = 8008 + 11692 =19700, Pending: 211, So total 19489 applications will spill over to
EB3 category.
5) Quota for EB3 --> 5.72% x 140000 = 8008 + 19489 spillover = 27497 � 7878 Pending = 19619 visas Extra.
6) �Other Workers� � Pending: 8415 TOTAL UNUSED VISAS = 19619-8415 = 11204 UNUSED VISAS will go to the quota
of other countries.
TOTAL UNUSED VISAS = 15463 + 1635 + 11204 = 28302.
Assuming these unused visas from Philippines, China and Mexico will be used for India, ROW equally India will benefit additional 14151 VISAS this year. Assuming all of these go to EB2 India Pushed down figure for EB2-India for the year 2011 will be 28346 � 14151 = 14195 pending EB2-I applications ready to go to year 2011.
Based on following link:
http://www.uscis.gov/USCIS/New%20Structure/2nd%20Level%20%28Left%20Nav%20Parents%29/Green%20Card%20-%202nd%20Level/Pending%20Form%20I-485%20Reports.pdf
28.6%/5 = 5.72% for EB3-India + Spillover from EB2 and EB1, not more than 10,000 of which to "Other Workers".
28.6%/5 = 5.72% for EB2-India + spillover from EB1
28.6%/5 = 5.72% for EB1-India + spillover from EB4 and EB5
Each category is 28.6% WW Quota.
WW Quota consists of 5 country specific sub-quotas 1)India 2)China 3) Mexico 4) Philipines 5)ROW.
This is incorrect. ICMP get 7% of the 28.6%. ROW gets roughly 28.6% - 4 X 7% X 28.6%
Based on page 1, I do math as under for Philippines categories.
-------------------------------------------------------------------------------------
1) Quota for EB4 -->7% x 140000/5=1960, Pending: 70 Quota to be spilled over to EB1= 1890
2) Quota for EB5 --> 7% x 140000 / 5 = 1960, Pending: 0 Quota to be spilled over to EB1 = 1960
3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1890 + EB5 spillover 1960 = 11858 - pending 74 = Total
11784 will go to EB2
4) Quota for EB2 --> 5.72% x 140000 = 8008 + 11784 =19792, Pending: 510, So total 19282 VISA numbers will be spilled
over to EB3.
5) Quota for EB3 --> 5.72% x 140000 = 8008 + 19282 spill over =27290 - 11563 Pending = 15727 VISA extra.
6) �Other Workers� � Pending: 264 TOTAL UNUSED VISAS = 15727-264 = 15463 UNUSED VISAS will go to the quota
of other countries.
Based on page 3, I do math as under for ROW categories.
------------------------------------------------------------------------------
1) Quota for EB4 -->7% x 140000/5=1960, Pending: 1378 Quota to be spilled over to EB1= 582
2) Quota for EB5 --> 7% x 140000 / 5 = 1960, Pending: 40 Quota to be spilled over to EB1 = 1920
3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 582 + EB5 spillover 1920 = 10510 - pending 2477 = Total
8033 will go to EB2
4) Quota for EB2 --> 5.72% x 140000 = 8008 + 8033 =16031, Pending: 7150, So total 8881 VISA numbers will be spilled
over to EB3.
5) Quota for EB3 --> 5.72% x 140000 = 8008 + 8881 spill over =16889. Pending: 62840 -16889 = 45951 applications will
still be pending and pushed to year 2011.
Based on page 4, I do math as under for China categories.
-----------------------------------------------------------------------------------
1) Quota For EB4 --> 7% x 140000 / 5 = 1960, Pending: 384 Quota to be spilled over to EB1 = 1576
2) Quota For EB5 --> 7% x 140000 / 5 = 1960, Pending: 13 Quota to be spilled over to EB1 = 1947
3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1576 + EB5 spillover 1947 = 11531 - pending 607 =
Total 10924 will go to EB2
4) Quota for EB2 --> 5.72% x 140000 = 8008 + 10924 =18932, Pending: 19333, So total 401 applications will be pushed to
year 2011 with pending approval.
5) Quota for EB3 --> 5.72% x 140000 = 8008 + no spillover = 8008 � 6343 Pending = 1665 visas Extra.
6) �Other Workers� � Pending: 30 TOTAL UNUSED VISAS = 1665-30 = 1635 UNUSED VISAS will go to the quota
of other countries.
Based on page 5, I do math as under for India categories.
-----------------------------------------------------------------------------
1) Quota for EB4 -->7% x 140000/5=1960, Pending: 123 Quota to be spilled over to EB1= 1960-123 = 1837
2) Quota for EB5 --> 7% x 140000 / 5 = 1960, Pending: 13 Quota to be spilled over to EB1 = 1960-13 = 1947
3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1837 + EB5 spillover 1947 = 11792 - pending 418 = Total
11374 will go to EB2
4) Quota for EB2 --> 5.72% x 140000 = 8008 + 11374 =19382, Pending: 47728, So total 28346 applications will still be
pending for year 2011.
5) Quota for EB3 --> 5.72% x 140000 = 8008, no spill over. Pending: 62607 -8008 = 54599 applications will still be pending
and pushed to year 2011.
Based on page 6, I do math as under for Mexico categories.
-----------------------------------------------------------------------------------
1) Quota For EB4 --> 7% x 140000 / 5 = 1960, Pending: 62 Quota to be spilled over to EB1 = 1960-62=1898
2) Quota For EB5 --> 7% x 140000 / 5 = 1960, Pending: 0 Quota to be spilled over to EB1 = 1960
3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1898 + EB5 spillover 1960 = 11866 - pending 174 =
Total 11692 will go to EB2
4) Quota for EB2 --> 5.72% x 140000 = 8008 + 11692 =19700, Pending: 211, So total 19489 applications will spill over to
EB3 category.
5) Quota for EB3 --> 5.72% x 140000 = 8008 + 19489 spillover = 27497 � 7878 Pending = 19619 visas Extra.
6) �Other Workers� � Pending: 8415 TOTAL UNUSED VISAS = 19619-8415 = 11204 UNUSED VISAS will go to the quota
of other countries.
TOTAL UNUSED VISAS = 15463 + 1635 + 11204 = 28302.
Assuming these unused visas from Philippines, China and Mexico will be used for India, ROW equally India will benefit additional 14151 VISAS this year. Assuming all of these go to EB2 India Pushed down figure for EB2-India for the year 2011 will be 28346 � 14151 = 14195 pending EB2-I applications ready to go to year 2011.
more...
msp1976
02-13 03:42 PM
If they changed the law to have 300,000 visas but there is 400,000 people going for greencard; then there would still be retrogression. The unused visas from ROW would not get allocated quarterly but in the fourth quarter.
Out of those 400K ....200K happen to be India/China...
Today's projection for me EB3/India is 7-10 years to get GC....
with a higher number this would come doen to 2 years ( would it ???)..That is the whole game...EB3 India might not become current but at least EB3 ROW would be current and then the spillover would make EB3 India picture much better....
Also AC21 allows the spillover to happen quarterly rather than annully...not in the fourth quarter..( Please correct me if I am wrong..)
Reference
http://www.fourmilab.ch/uscode/8usc/www/t8-12-II-I-1152.html#_a_
Look at a(3)
(3) Exception if additional visas available
If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 1153 of this title for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.
Out of those 400K ....200K happen to be India/China...
Today's projection for me EB3/India is 7-10 years to get GC....
with a higher number this would come doen to 2 years ( would it ???)..That is the whole game...EB3 India might not become current but at least EB3 ROW would be current and then the spillover would make EB3 India picture much better....
Also AC21 allows the spillover to happen quarterly rather than annully...not in the fourth quarter..( Please correct me if I am wrong..)
Reference
http://www.fourmilab.ch/uscode/8usc/www/t8-12-II-I-1152.html#_a_
Look at a(3)
(3) Exception if additional visas available
If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 1153 of this title for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.
2010 2010 Ashton Kutcher ashton
chanduv23
07-04 08:50 AM
Chanduv thanks for your efforts. A correction: retrogression started in fall of 2004
I picked this from another post here in IV. Maybe we must have a sticky template so that everyone uses that template.
I picked this from another post here in IV. Maybe we must have a sticky template so that everyone uses that template.
more...
PlainSpeak
01-14 05:02 PM
well, the people who are in eb3 and cannot do anything about it, for reasons that you quoted, i agree, it is a pity. but, you know what, "life is not fair".
Yes life is not fair but when we get a chance to be fair we (And that includes me also) let it go by.
it is a good thing u worry about others, and want to help them. however, when u look at those bills you mentioned and none getting passed. yes, it may look like a waste to do anything. however, we need to keep trying. with the limited resources we have, i think we should focus on "things/bills/issues" the IMPACT most people. doing something only for eb3 or eb2, in my opinion, would be even more difficult, given the progress legal immigration has made in this country. so, may be, u cud help in getting the things done that impact more people.
What i porposed was doing something in the DV bill for badly retrogressed applicants (There wil be no reference to EB3 or EB2). Now the fact that this might help EB3 is because EB3 is the most badly retrogressed section.
and it is ur decision not to go eb2 (even, with the resources you mentioned). have to admit, thats strange. may be u r like me, who is not obsessed with a gc. however, we live in a society, in a system (however flawed it may be), and we all try to live by those rules, try to use opportunities that are available legally and make our lives, a little better.
You know what i was tempted to do EB2 but my sense of right and wrong prevented me. My mess up the already loaded and unstable system with another app when i already have one. Now for persons who are in EB3 (Please remove me from the equation) are thier not because they wanted to but because of the way thei whole immigration crap has evolved. Sure porting will help me out and i wil not need to justify this to anyone else but i will have to face myself. I know most people do not get it. It is doing right.
i came to this country in 1999, i have a MS, PHD from a reputed Comp Sci program. Many people who (still) dont know much about Computer Sci. came into the dept, got their MS and have been very successful, making tons of money. i am a guy whose bs, ms and phd is in Comp Sci. i think u will find may 2 or 3 guz out of may 10, who have a degree in CS, particularly in the undergrad. i used to be very mad at all the electrical, mechanical etc guz getting software jobs. i used to hate almost all software professionals coz i thought i had to work very had for my ranks, on my gpa and on my degrees and see there are people who are making as much as i do, with none of that. slowly, but surely, i have come to terms that "life is not fair" and then, what if fellow human beings can get good jobs, whats wrong with that?? is how i started to see it, (as long as they are good enough).
No comments there i agree with you
what i am trying to say is please think in a global scale and help solve issues which can impact the MOST number of people and not just a minority. coz, the exceptions u stated, will be there for any issue.
Global scale. I thought we were on scale of US. Please let me correct you EB3 is not a minority but a Majority in the EB community. just because a situation is not worth helping is not any reason to not step forward. I personally feel that IV can do something which will help EB3 because that i sthe only category which has no help from anyone. As for EB2 i have no grudges against them . You got your GC or will get it soon and all the best of luck to you, but if something can be done for EB3 it should be
Jai Hind
Ok the official negetive count is 4500 MINUS for me so i guess no one stepped up and tried to do the right thing. Ok you know what guys there is nothing else to talk here any more and i guess things will never change here. So here is what i am going to do
1. I have a final reply to make to Mr VBKris77. Once i make the reply i will be gone for the day so i will not check any reply. I hope that the reply will answer all the people out here who are asking for some plan from me. Its a start but what is more important is that you guys realize that there was a serious intent and will to do something. There is one suggestion in the reply which i am sure will raise a big laugh from all you guys but please remember that the flower campaign was in the same vein and inspried by the same great man and that went on to be a hugh success.
2. Now to really make it a point that i am done here i will delete by account (If i can) or i would request IV Core and/or IV Admin to delete my account. If that can be done i would appreciate it. If anyone else can do it that will really be a big thing. Regarding the Post. If it gets deleted well and good and i would prefer it gets deleted because there has been no impact of the thread and when i say impact i mean impact in thinking of senior members and donors
Yes life is not fair but when we get a chance to be fair we (And that includes me also) let it go by.
it is a good thing u worry about others, and want to help them. however, when u look at those bills you mentioned and none getting passed. yes, it may look like a waste to do anything. however, we need to keep trying. with the limited resources we have, i think we should focus on "things/bills/issues" the IMPACT most people. doing something only for eb3 or eb2, in my opinion, would be even more difficult, given the progress legal immigration has made in this country. so, may be, u cud help in getting the things done that impact more people.
What i porposed was doing something in the DV bill for badly retrogressed applicants (There wil be no reference to EB3 or EB2). Now the fact that this might help EB3 is because EB3 is the most badly retrogressed section.
and it is ur decision not to go eb2 (even, with the resources you mentioned). have to admit, thats strange. may be u r like me, who is not obsessed with a gc. however, we live in a society, in a system (however flawed it may be), and we all try to live by those rules, try to use opportunities that are available legally and make our lives, a little better.
You know what i was tempted to do EB2 but my sense of right and wrong prevented me. My mess up the already loaded and unstable system with another app when i already have one. Now for persons who are in EB3 (Please remove me from the equation) are thier not because they wanted to but because of the way thei whole immigration crap has evolved. Sure porting will help me out and i wil not need to justify this to anyone else but i will have to face myself. I know most people do not get it. It is doing right.
i came to this country in 1999, i have a MS, PHD from a reputed Comp Sci program. Many people who (still) dont know much about Computer Sci. came into the dept, got their MS and have been very successful, making tons of money. i am a guy whose bs, ms and phd is in Comp Sci. i think u will find may 2 or 3 guz out of may 10, who have a degree in CS, particularly in the undergrad. i used to be very mad at all the electrical, mechanical etc guz getting software jobs. i used to hate almost all software professionals coz i thought i had to work very had for my ranks, on my gpa and on my degrees and see there are people who are making as much as i do, with none of that. slowly, but surely, i have come to terms that "life is not fair" and then, what if fellow human beings can get good jobs, whats wrong with that?? is how i started to see it, (as long as they are good enough).
No comments there i agree with you
what i am trying to say is please think in a global scale and help solve issues which can impact the MOST number of people and not just a minority. coz, the exceptions u stated, will be there for any issue.
Global scale. I thought we were on scale of US. Please let me correct you EB3 is not a minority but a Majority in the EB community. just because a situation is not worth helping is not any reason to not step forward. I personally feel that IV can do something which will help EB3 because that i sthe only category which has no help from anyone. As for EB2 i have no grudges against them . You got your GC or will get it soon and all the best of luck to you, but if something can be done for EB3 it should be
Jai Hind
Ok the official negetive count is 4500 MINUS for me so i guess no one stepped up and tried to do the right thing. Ok you know what guys there is nothing else to talk here any more and i guess things will never change here. So here is what i am going to do
1. I have a final reply to make to Mr VBKris77. Once i make the reply i will be gone for the day so i will not check any reply. I hope that the reply will answer all the people out here who are asking for some plan from me. Its a start but what is more important is that you guys realize that there was a serious intent and will to do something. There is one suggestion in the reply which i am sure will raise a big laugh from all you guys but please remember that the flower campaign was in the same vein and inspried by the same great man and that went on to be a hugh success.
2. Now to really make it a point that i am done here i will delete by account (If i can) or i would request IV Core and/or IV Admin to delete my account. If that can be done i would appreciate it. If anyone else can do it that will really be a big thing. Regarding the Post. If it gets deleted well and good and i would prefer it gets deleted because there has been no impact of the thread and when i say impact i mean impact in thinking of senior members and donors
hair Ashton Kutcher and Jack Black
Rajkrish9
09-18 10:12 AM
Hi,
This is regarding switching job from one role to different role
Currently I am working for an Employer A in consulting position ie., Senior Developer Role. Current Project is ending in Dec'2008
Now I am planning to move to a different role of Management (Project Manager) to Employer B.
what would be the better way of doing for the above said role.
My current H1B is expiring on Nov'2008 (Six year term). I have to ask my employer to do the extn. But the employer doing is very minimal.
I have applied EAD in Aug'2008. - I am not sure when this will arrive.
Now I am into the state of More confusion. I couldn't able to do anything as far as in terms of career path.
Would like to enlighten some thoughts on this situation and Thanks in Advance.
Regards,
Raj.
This is regarding switching job from one role to different role
Currently I am working for an Employer A in consulting position ie., Senior Developer Role. Current Project is ending in Dec'2008
Now I am planning to move to a different role of Management (Project Manager) to Employer B.
what would be the better way of doing for the above said role.
My current H1B is expiring on Nov'2008 (Six year term). I have to ask my employer to do the extn. But the employer doing is very minimal.
I have applied EAD in Aug'2008. - I am not sure when this will arrive.
Now I am into the state of More confusion. I couldn't able to do anything as far as in terms of career path.
Would like to enlighten some thoughts on this situation and Thanks in Advance.
Regards,
Raj.
more...
knowDOL
08-03 04:21 PM
The comment period ended April 17th 2006. I heard, Many top companies were against elimination, probably, because they had plenty of labors using which they could attract senior and bright H-1B's. Also, I think USCIS needs to publish an elimination of substitution in this respect which will again have to go through comment period, only after all this the elimination will come into place.
But the reason why elimination proposal came in is because of fraud and not because of unfair ness to people who are in line or FIFO because of transfer of PD. DOL and USCIS noticed that companies are sellling Labors which is fraud. There was some memo that USCIS will not publish until last quarter, soeveryone expected the rule will become effective by August September time frame. But I have not read anything as of today that the USCIS published anything in Federal register relatting substituion elimination.
Probably we should wait and watch. My guess is that something may come by October 1st, 2006. Only an assumption.
But the reason why elimination proposal came in is because of fraud and not because of unfair ness to people who are in line or FIFO because of transfer of PD. DOL and USCIS noticed that companies are sellling Labors which is fraud. There was some memo that USCIS will not publish until last quarter, soeveryone expected the rule will become effective by August September time frame. But I have not read anything as of today that the USCIS published anything in Federal register relatting substituion elimination.
Probably we should wait and watch. My guess is that something may come by October 1st, 2006. Only an assumption.
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san_visa
08-03 02:13 PM
I have applied (I-140) EB3 :mad: in May 06 using substitution. My case is not through yet...waiting for approval.
My lawyer did a typo :mad: filed me under Manager/Executive category [EB3] and received notification from USCIS requesting additional evidence. The lawyer responded to the RFE.
Hopefully my case will be processed in August 06 !
I should receive response anytime soon I will keep you posted.
Thanks,
San
My lawyer did a typo :mad: filed me under Manager/Executive category [EB3] and received notification from USCIS requesting additional evidence. The lawyer responded to the RFE.
Hopefully my case will be processed in August 06 !
I should receive response anytime soon I will keep you posted.
Thanks,
San
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Jaime
05-12 11:59 PM
Well, I have been on this forum for over a year, and I have been doing my research, you guys have given me a great idea...immigrating to India. I know that right now India might not be as comfortable as Laguna Beach, (but then agan 99% of the world isn't). I think that if I go to India now, work hard, endure a bit of discomfort and do my best that I will be a millionaire in my later years, whereas in the U.S. thigns are declining, and I will have grandkids before I get a Green Card.
This is where India Green Card comes in. So, I am looking for a job in India (non-tech, but rather business/marketing related).I would appreciate any help that you guys could give me. I have researched that I have to find a job and show a contract of employment from the sponsoring company in India, as well as an appointment letter from the sponsoring organization and proof that the organization is registered in India.
Then it allpoints out tome having to apply for an employment visa at the consulate with jurisdiction over my place of residence, and I am awae that my visa may require clearance by the Ministry of Home Affairs or Reserve Bank of India before the visa is issued. My question is on how to contact the MHA for this? Do any of you have their phone/fax numberor address?
Further, I found that in India a foreign national may not change employers. If the foreign national wishes to change employers, the foreign national must leave the country and re-enter with a new visa for that particular new employer. So, I am looking for something really steady before I even set foot in India, and that's why I need your all's help!!!
Since the Ministry of Home Affairs (MHA) reserves discretion to determine the period of validity of the visa, it could really be good for a few months or years, impossible to know before applying. The good thing is that the Foreign Registration Regional Office (FRRO) may grant extensions of up to three months. Upon approval by the MHA, the FRRO may grant an extension of up to one year. Thereafter, the FRRO may grant extensions for four more years on a year-to-year basis.
I am so excited and confused at the same time. India is my future, and I am going to need a lot of your help IV friends! At least I speak English, but I am also thinking of getting a pivate Hindi tutor. Any thoughts woud be VERY VERY appreciated! Thanks!!!!
This is where India Green Card comes in. So, I am looking for a job in India (non-tech, but rather business/marketing related).I would appreciate any help that you guys could give me. I have researched that I have to find a job and show a contract of employment from the sponsoring company in India, as well as an appointment letter from the sponsoring organization and proof that the organization is registered in India.
Then it allpoints out tome having to apply for an employment visa at the consulate with jurisdiction over my place of residence, and I am awae that my visa may require clearance by the Ministry of Home Affairs or Reserve Bank of India before the visa is issued. My question is on how to contact the MHA for this? Do any of you have their phone/fax numberor address?
Further, I found that in India a foreign national may not change employers. If the foreign national wishes to change employers, the foreign national must leave the country and re-enter with a new visa for that particular new employer. So, I am looking for something really steady before I even set foot in India, and that's why I need your all's help!!!
Since the Ministry of Home Affairs (MHA) reserves discretion to determine the period of validity of the visa, it could really be good for a few months or years, impossible to know before applying. The good thing is that the Foreign Registration Regional Office (FRRO) may grant extensions of up to three months. Upon approval by the MHA, the FRRO may grant an extension of up to one year. Thereafter, the FRRO may grant extensions for four more years on a year-to-year basis.
I am so excited and confused at the same time. India is my future, and I am going to need a lot of your help IV friends! At least I speak English, but I am also thinking of getting a pivate Hindi tutor. Any thoughts woud be VERY VERY appreciated! Thanks!!!!
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BharatPremi
09-24 04:54 PM
Not sure what you are talking about. There are two rules as follows
28.6% EB visas for each category EB1/EB2/EB3 and 7.1% for EB4/EB5
Ans: These numbers are meant for "Assigning Visa numbers to applications" BUT " not to grant Visa / approve 485 / Order Physical Green card"
7% limit for each country in EB category (India will get 9800 visa in all EB1-5 categories)
+ 2% dependent limit for each country in EB category
Ans: These numbers are meant for "grant Visa / approve 485 / Order Physical Green card" BUT " not to Assign Visa numbers to applications"
To enforce the limit each EB subcategory (EB1/EB2/EB3/EB4/EB5) enforces country cap, no more than 2822 visa for India in EB1/EB2/EB3 categories.
Ans: this concept 0.07X 0.286 - It is a false concept.
The limit can be extended when there are leftover visas (this is what has extended the limit for EB1/EB2/EB3 India for last few years).
/\ my answers
28.6% EB visas for each category EB1/EB2/EB3 and 7.1% for EB4/EB5
Ans: These numbers are meant for "Assigning Visa numbers to applications" BUT " not to grant Visa / approve 485 / Order Physical Green card"
7% limit for each country in EB category (India will get 9800 visa in all EB1-5 categories)
+ 2% dependent limit for each country in EB category
Ans: These numbers are meant for "grant Visa / approve 485 / Order Physical Green card" BUT " not to Assign Visa numbers to applications"
To enforce the limit each EB subcategory (EB1/EB2/EB3/EB4/EB5) enforces country cap, no more than 2822 visa for India in EB1/EB2/EB3 categories.
Ans: this concept 0.07X 0.286 - It is a false concept.
The limit can be extended when there are leftover visas (this is what has extended the limit for EB1/EB2/EB3 India for last few years).
/\ my answers
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inthehole
07-21 09:54 PM
I apologize if this question has been answered before.
I changed employer "A" after 8 years and joined employer "B" last month.
I have LCA approval copy,I140 approval copy and I485 receipt notice copy. I never had access to my employer A's attorney before and the attorney cannot & will not talk to me now.
Now I am with employer "B" using my EAD. Since all the queries or any RFE's would still go to my previous employer's attorney, I would like to file a change of representation G-28 with a new attorney so that I can receive any future communication from USCIS.
But few attorneys I contacted are asking me for my LCA papers from my employer "A" to get my job description. My employer A will not give it to me.
Also they are insisting that I must send a AC21 portability letter to USCIS on behalf of my new employer B. My new employer B is a big multinational company with heavy Bureaucracy and does not understand AC21 law. As long as I have an EAD, I will be employed by employer "B".
Even though I understand the reasons behind the attorney's suggestions, my question is
1. Can't I just file the Change of Representation G-28 form to make sure that I receive any future communication from USCIS and respond to the same or similar job question if I get an RFE?.
2. Also am I or my new employer B breaking any laws by not sending the AC21 portability letter to USCIS?
(my I140 is approved on 2005 and will not be revoked by my ex employer. Changed job after more than 200 days since I filed my I485)
Thank you.
I changed employer "A" after 8 years and joined employer "B" last month.
I have LCA approval copy,I140 approval copy and I485 receipt notice copy. I never had access to my employer A's attorney before and the attorney cannot & will not talk to me now.
Now I am with employer "B" using my EAD. Since all the queries or any RFE's would still go to my previous employer's attorney, I would like to file a change of representation G-28 with a new attorney so that I can receive any future communication from USCIS.
But few attorneys I contacted are asking me for my LCA papers from my employer "A" to get my job description. My employer A will not give it to me.
Also they are insisting that I must send a AC21 portability letter to USCIS on behalf of my new employer B. My new employer B is a big multinational company with heavy Bureaucracy and does not understand AC21 law. As long as I have an EAD, I will be employed by employer "B".
Even though I understand the reasons behind the attorney's suggestions, my question is
1. Can't I just file the Change of Representation G-28 form to make sure that I receive any future communication from USCIS and respond to the same or similar job question if I get an RFE?.
2. Also am I or my new employer B breaking any laws by not sending the AC21 portability letter to USCIS?
(my I140 is approved on 2005 and will not be revoked by my ex employer. Changed job after more than 200 days since I filed my I485)
Thank you.
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sk2006
04-01 10:53 PM
So if stop discussing this thread, will they join us?
Are you 'high skilled'?
Your logic suggests otherwise!
Are you 'high skilled'?
Your logic suggests otherwise!
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GetGC08
07-30 02:18 PM
To answer your question I will have to go through all your I-140 documents. What did your academic evaluation and experiential evaluation stipulate.
Hello Samay,
First of all thank you so much for answering my questions.
In my LCA(H1B) Prevailing wage is mentioned $ 55K & in my Labor(PERM) application Prevailing wage is mentioned $ 65K.
My labor(PERM) has been approved & I-140 is in process at TSC.
My question is
This diffrence between LCA mentioned prevailing wage(i.e. $55K) & Labor(PERM) prevailing wage(i.e. $65K) going to create any problem at stage of I-140 or later in I-485??
I am getting paid as mentioned in LCA i.e. $55K.
I will greatly appreciate response.
Thanks.
Hello Samay,
First of all thank you so much for answering my questions.
In my LCA(H1B) Prevailing wage is mentioned $ 55K & in my Labor(PERM) application Prevailing wage is mentioned $ 65K.
My labor(PERM) has been approved & I-140 is in process at TSC.
My question is
This diffrence between LCA mentioned prevailing wage(i.e. $55K) & Labor(PERM) prevailing wage(i.e. $65K) going to create any problem at stage of I-140 or later in I-485??
I am getting paid as mentioned in LCA i.e. $55K.
I will greatly appreciate response.
Thanks.
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chanduv23
06-26 08:06 PM
DOS allocates GC numbers to USCIS adjustment cases only as the point of approval is reached. DOS can set/move/retrogress PD based on info provided by USCIS about number of cases at point of approval.
USCIS is not able to provide a good estimate of this number because
it can not calculate this number based on USCISs workload, and
it does not know the number of cases DOL will send to them. DOL again can not calculate the number of cases (it will send to USCIS) based on DOLs worload.
The following are from page 35 and beginning of page 36
The key to addressing this management issue at USCIS is to understand the dynamic interplay of priority dates and shifting workloads of three departments, and to know with greater precision and accuracy the size and details of USCIS� workloads.
The tri-agency meetings seek to expand inter-agency communication regarding expected new demands and surges, workflows, and priority dates. During the meetings, there is an examination of the case management systems and data collection processes used to assess workflows through each entity, particularly USCIS.
Although USCIS stated in its 2006 Annual Report Response (at p. 8) that it provides detailed data to DOS, the tri-agency group identified gaps in USCIS� data.
So "At the point of Approval" DOS can actually set/move/retrogress dates. Based on USCIS input. As USCIS is not able to handle this accurately, chances are that at a particular stage USCIS may alert DOS and DOS may retrogress dates - chances are there (though I personally feel this will not happen in July)
Which means what some of these lawyers are saying is not speculation but a definite possibility.
USCIS is not able to provide a good estimate of this number because
it can not calculate this number based on USCISs workload, and
it does not know the number of cases DOL will send to them. DOL again can not calculate the number of cases (it will send to USCIS) based on DOLs worload.
The following are from page 35 and beginning of page 36
The key to addressing this management issue at USCIS is to understand the dynamic interplay of priority dates and shifting workloads of three departments, and to know with greater precision and accuracy the size and details of USCIS� workloads.
The tri-agency meetings seek to expand inter-agency communication regarding expected new demands and surges, workflows, and priority dates. During the meetings, there is an examination of the case management systems and data collection processes used to assess workflows through each entity, particularly USCIS.
Although USCIS stated in its 2006 Annual Report Response (at p. 8) that it provides detailed data to DOS, the tri-agency group identified gaps in USCIS� data.
So "At the point of Approval" DOS can actually set/move/retrogress dates. Based on USCIS input. As USCIS is not able to handle this accurately, chances are that at a particular stage USCIS may alert DOS and DOS may retrogress dates - chances are there (though I personally feel this will not happen in July)
Which means what some of these lawyers are saying is not speculation but a definite possibility.
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ravise
09-15 10:51 AM
month priority date No of appr 2000 2001 2002 2003 2004 2005 2006
June-08 4/1/2004 122 2 9 18 61 30
July-08 4/1/2004 88 1 7 14 29 36
August-08 6/1/2006 261 0 3 5 19 63 103 67
Sept-08 8/1/2006 3 0 1 0 0 2
June-08 4/1/2004 122 2 9 18 61 30
July-08 4/1/2004 88 1 7 14 29 36
August-08 6/1/2006 261 0 3 5 19 63 103 67
Sept-08 8/1/2006 3 0 1 0 0 2
jetflyer
01-14 11:13 AM
This is first attempt, if goes smooth, next will be EAD, then I-485 approvals and then EB Based GCs when you go for USC.
It is not a good news for any of our member regardless of their status.
So far Employee-Employer relationship been the hardest part to define because it requires lot of flexibility and that's the nature of business.
This indeed is a very bad news. It looks to me that someone is frying a bigger fish here...
If antis target the areas of immigration that are no "well defined" so far (H1b rules is one example, another could be AC21 same or similar job and yet another could be "permanent job" after greencard), it could create a lot of problems and may even practically shut down all legal immigration.
This will only increat outsourcing and actually hurt US economy and jobs...too bad that "blinded" politicians do not recognize this.
It is not a good news for any of our member regardless of their status.
So far Employee-Employer relationship been the hardest part to define because it requires lot of flexibility and that's the nature of business.
This indeed is a very bad news. It looks to me that someone is frying a bigger fish here...
If antis target the areas of immigration that are no "well defined" so far (H1b rules is one example, another could be AC21 same or similar job and yet another could be "permanent job" after greencard), it could create a lot of problems and may even practically shut down all legal immigration.
This will only increat outsourcing and actually hurt US economy and jobs...too bad that "blinded" politicians do not recognize this.
peacocklover
09-25 04:17 PM
Fantastic idea, it will bring OXYGEN to this bedridden economy. We need to contact real estate media channels like HDTV for the support to project through their media.
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