raysaikat
07-14 12:10 PM
Hi,
I have an EB2 I-140 approved; PD Aug 29, 2007. The corresponding LC was filed with "Special Handling" for university teachers.
1. If I change into a non-academic job, then can the PD be retained when I refile?
2. If I go out of US for a few years (say 3-5 years) and then come back with a new job, will I be able to retain this PD when I refile?
Thanks for your time.
I have an EB2 I-140 approved; PD Aug 29, 2007. The corresponding LC was filed with "Special Handling" for university teachers.
1. If I change into a non-academic job, then can the PD be retained when I refile?
2. If I go out of US for a few years (say 3-5 years) and then come back with a new job, will I be able to retain this PD when I refile?
Thanks for your time.
wallpaper Marley amp; Me
bajrangbali
05-01 06:56 PM
It looks like my post which was meant to bring some awareness to the innocent civilians being killed in SL has lost its purpose. Here are some clarification which will respond to atleast some posts:
1) There is no support for LTTE, not by Indian govt, not by USA, UN or any other country and neither by me
2) Post is not to gather support for LTTE, post is to gather support for INNOCENT CIVILIANS being killed. Now both sides killed civilians, recent report by UN (third party which is neutral - if neutral or UN still carries any value) shows SL army bombing the civilian safe-zone which is an outrage.
3) SL tamils are not Indian citizens. If we get US citizenship do you think anyone in USA will treat you as american, you are Indian American. My reference to Indians in SL is the same, thought you guys are smart enough to understand that.
4) Our Indian government with all its might..should not keep quiet and let the ethnic cleansing happen..kill all the LTTE no one cares..but killing all tamilians or most of them to keep others quiet is outageous. Bringing out this atrocity is the point of my post.
And guys..I am not a tamilian..I am an Indian..if this happens to any other group in India I will stand up and shout with the same ferocity with which I posted this. Standing up for good cause and protecting human values anywhere in the world need not require us belonging to a particular community. Being human is enough!
Show some understanding to the suffering and above all...stay in peace
1) There is no support for LTTE, not by Indian govt, not by USA, UN or any other country and neither by me
2) Post is not to gather support for LTTE, post is to gather support for INNOCENT CIVILIANS being killed. Now both sides killed civilians, recent report by UN (third party which is neutral - if neutral or UN still carries any value) shows SL army bombing the civilian safe-zone which is an outrage.
3) SL tamils are not Indian citizens. If we get US citizenship do you think anyone in USA will treat you as american, you are Indian American. My reference to Indians in SL is the same, thought you guys are smart enough to understand that.
4) Our Indian government with all its might..should not keep quiet and let the ethnic cleansing happen..kill all the LTTE no one cares..but killing all tamilians or most of them to keep others quiet is outageous. Bringing out this atrocity is the point of my post.
And guys..I am not a tamilian..I am an Indian..if this happens to any other group in India I will stand up and shout with the same ferocity with which I posted this. Standing up for good cause and protecting human values anywhere in the world need not require us belonging to a particular community. Being human is enough!
Show some understanding to the suffering and above all...stay in peace
paskal
07-18 08:38 PM
Hi Paskal,
We dont have any official source of available visas for EB2 India as of now.
But based on the information availale it seems there would be about 30k visas, which are about 10 times more than what its been now (3,267 VISAS for EB2 India), available for EB2 India. Even though China shares with us for these visas, it would be minimal for china sharing as because china had already a cutoff date of Jan 2006 by Jul 2007. EB2 India has to be current pretty soon as of the increase in visa numbers allotment to almost about 10 times due to the horizontal fallout.
We need your inputs as well, on this calculation of estimated visas for EB2 India.
.................................................. ...
Originally Posted by sumagiri :
There are some significant flaws in your analysis. If you correct them, the number comes to around 25K.
First. The family spill over has to be applied to all categories. So the total number is 140,000 + 19,000.
Second. You calculated EB1/2/3 gets 1/3 which is not correct. They use only 28.6% not 33.3% This makes difference.
Third. The EB1+EB2 combined 70K already counted 9,800 visas for India. We should not add them again.
According to USCIS/DOS testimonies they will usually end up using only 95% of total quota. They go conservatively because they must ensure that they won't use up even a single visa more than what law allows.So total available is approximately 159000*.95 = 151050
Third. EB1, EB2, EB3 each will get 28.6%. Not one third (33.3%). That makes lot of difference. So each category will get around 43,200.
EB4 and EB5 combined will get around 21,449
Now again, going by statistics and your assumptions that EB1 and EB2 takes up 70K and EB4, EB5 takes up around 10K. The unused visas are
((43,200*2)+21,449) - (70,000+10000) = 27849.
So the total EB2 visa usage will be around 70K + 25K =95K.
http://immigrationvoice.org/forum/showthread.php?t=20167&highlight=vdlrao&page=7
but the spillover is done quarterly per USCIS.
we do not know how much of the stimated 20K (for India, assuming the erst is China) is already used up, assuming this is the total number if unused GC for the year.
We dont have any official source of available visas for EB2 India as of now.
But based on the information availale it seems there would be about 30k visas, which are about 10 times more than what its been now (3,267 VISAS for EB2 India), available for EB2 India. Even though China shares with us for these visas, it would be minimal for china sharing as because china had already a cutoff date of Jan 2006 by Jul 2007. EB2 India has to be current pretty soon as of the increase in visa numbers allotment to almost about 10 times due to the horizontal fallout.
We need your inputs as well, on this calculation of estimated visas for EB2 India.
.................................................. ...
Originally Posted by sumagiri :
There are some significant flaws in your analysis. If you correct them, the number comes to around 25K.
First. The family spill over has to be applied to all categories. So the total number is 140,000 + 19,000.
Second. You calculated EB1/2/3 gets 1/3 which is not correct. They use only 28.6% not 33.3% This makes difference.
Third. The EB1+EB2 combined 70K already counted 9,800 visas for India. We should not add them again.
According to USCIS/DOS testimonies they will usually end up using only 95% of total quota. They go conservatively because they must ensure that they won't use up even a single visa more than what law allows.So total available is approximately 159000*.95 = 151050
Third. EB1, EB2, EB3 each will get 28.6%. Not one third (33.3%). That makes lot of difference. So each category will get around 43,200.
EB4 and EB5 combined will get around 21,449
Now again, going by statistics and your assumptions that EB1 and EB2 takes up 70K and EB4, EB5 takes up around 10K. The unused visas are
((43,200*2)+21,449) - (70,000+10000) = 27849.
So the total EB2 visa usage will be around 70K + 25K =95K.
http://immigrationvoice.org/forum/showthread.php?t=20167&highlight=vdlrao&page=7
but the spillover is done quarterly per USCIS.
we do not know how much of the stimated 20K (for India, assuming the erst is China) is already used up, assuming this is the total number if unused GC for the year.
2011 While the puppy Marley grows
bestia
02-15 01:10 PM
Thank U all for your quick answers&good advice.It feels good to know I have new friends who can help me with my questions.
About the cheques u're right, that's how we have done it. Separate personnal cheques for each of us, easy to track online.
Hopefully we are not out-of-status and my husband's employer is not on th black list.
How couldn't I figure it out by myself what IV means????Shame,shame...
Dyana, I thought you are the primary applicant. In your case - yeah, you are free to use EAD once you get it. It's your husband who should be maintaining 180 days, "same or similar", etc. I got my EAD on 11th week (I am primary applicant). Some people get earlier, some later.
You have good chance of approval, because we are current and I suspect we will be current several months from now. I-485 approval is like a lottery. It can be approved in 1 month or your application can rot for years. Lottery :)
About the cheques u're right, that's how we have done it. Separate personnal cheques for each of us, easy to track online.
Hopefully we are not out-of-status and my husband's employer is not on th black list.
How couldn't I figure it out by myself what IV means????Shame,shame...
Dyana, I thought you are the primary applicant. In your case - yeah, you are free to use EAD once you get it. It's your husband who should be maintaining 180 days, "same or similar", etc. I got my EAD on 11th week (I am primary applicant). Some people get earlier, some later.
You have good chance of approval, because we are current and I suspect we will be current several months from now. I-485 approval is like a lottery. It can be approved in 1 month or your application can rot for years. Lottery :)
more...
mundada
06-15 04:18 PM
I hear you buddy but that is what America is and that is what makes America so great. The constant flow of immigrants/productivity growth through technological enhancements will always require you to keep upgrading your skills and hence your salary.
The moment you were forced to enroll in MBA in an effort to upgrade your skills and hence increase your salary means American model and (comparative advantage) economics are working.
The same thing happened in agriculture, then manufacturing, and now IT and other industries. It is inevitable!
By the way, it is not dumping. Here is the real definition of dumping, "the act of a manufacturer in one country exporting a product to another country at a price which is either below the price it charges in its home market or is below its costs of production".
http://en.wikipedia.org/wiki/Dumping_(pricing_policy)
For your information, I like everyone was, am and will most likely continue to be affected by the outsourcing/offshoring/onshoring/immigration/technological innovation/etc.
Finally protectionism does not work. Take a look at Detroit... in 1960s, 1970s and 1980s, the workers bargained for high salaries, job security, retirement benefit plans, etc., free and clear from any foreign worker competition. And now in 2009, take a look at what happened to these workers at the big three, to their house values, to their children's future, to their retirement funds, etc.
After this do you really think you can protect yourself by closing the door behind you when that is the only exit door, in case you need one!
Ivar and group,
I think you guys are missing the plot here. Let me reiterate loud and clear. I am NOT against immigrants getting GC. I will not, even in my wildest dreams, claim that the recession is due to the H1Bs and L1s. That is complete baloney spread around by the anti immigrant lobby. My point is let the deserving the GCs soon and not go thru the mindless wait I went thru.
Having said that I am for the following :
1. If the outsourcing companies would pay on an avg at 80K per head for the "well qualified" people, I am even ok with their dumping their dumping the L1s here. Why is it that you guys are ok with the L1s being dumped at 40K-60K salaries ? Shuldn't they get paid high too ? This is what I am arguing for. If the outsourcing cos dont want to pay this rate, then keep them in the country of origin. No need to depress wages here. Is this a wrong thing to ask ?
2. Grassley's bill may force some companies to move entirely to India or China. Isnt that good for India and China ? Why are the pro immigrants against this ? Some times I get the feeling as to who actually is pro and who is anti immigrant !!!! In adition, it may eliminate the many backlogs and help the deserving people here.
3. People who have made a conscious decision to immigrate here have done so considering the standard of living as one of the primary factors in their decisions. In order to enjoy this standard of living, people have to constantly upgrade skillsets to remain competitive in an industry or move to another industry where mass interest is relatively low. Why should these people's lives, after all the travails, be impacted by the low wage scum outsourcing companies. Please remember these companies, like an other company on earth, operate only on self interest. No point in supporting such companies which in adition to the self interest principle also flout rules with abandon.
4. In my opinion, self interest has alwyas resulted in the greater good of society. Do not confuse self interest with greed. Greed is what caused this financial mess. If people/companies operated with concern for greater societal good, they would have spent billions in concocting an AIDS vaccine for the children in Africa than to spend the same billions in concocting VIAGRA for the rich old men. Since employment based immigration debate involves companies' interests too, we have to balance societal good with some impact for the companies. My suggestion here is that let the outsourcers take the hit. They have always benefitted by flouting the rules. If your concern is way too high for your L1 brothers then you would find it prudent to bring in the law that clearly states "Pay high wages for the L1s or dont bring them in here". I dont understand what is wrong here ? Is it that I didnt convey my message across right or is it that people blindly support immigration ?
The moment you were forced to enroll in MBA in an effort to upgrade your skills and hence increase your salary means American model and (comparative advantage) economics are working.
The same thing happened in agriculture, then manufacturing, and now IT and other industries. It is inevitable!
By the way, it is not dumping. Here is the real definition of dumping, "the act of a manufacturer in one country exporting a product to another country at a price which is either below the price it charges in its home market or is below its costs of production".
http://en.wikipedia.org/wiki/Dumping_(pricing_policy)
For your information, I like everyone was, am and will most likely continue to be affected by the outsourcing/offshoring/onshoring/immigration/technological innovation/etc.
Finally protectionism does not work. Take a look at Detroit... in 1960s, 1970s and 1980s, the workers bargained for high salaries, job security, retirement benefit plans, etc., free and clear from any foreign worker competition. And now in 2009, take a look at what happened to these workers at the big three, to their house values, to their children's future, to their retirement funds, etc.
After this do you really think you can protect yourself by closing the door behind you when that is the only exit door, in case you need one!
Ivar and group,
I think you guys are missing the plot here. Let me reiterate loud and clear. I am NOT against immigrants getting GC. I will not, even in my wildest dreams, claim that the recession is due to the H1Bs and L1s. That is complete baloney spread around by the anti immigrant lobby. My point is let the deserving the GCs soon and not go thru the mindless wait I went thru.
Having said that I am for the following :
1. If the outsourcing companies would pay on an avg at 80K per head for the "well qualified" people, I am even ok with their dumping their dumping the L1s here. Why is it that you guys are ok with the L1s being dumped at 40K-60K salaries ? Shuldn't they get paid high too ? This is what I am arguing for. If the outsourcing cos dont want to pay this rate, then keep them in the country of origin. No need to depress wages here. Is this a wrong thing to ask ?
2. Grassley's bill may force some companies to move entirely to India or China. Isnt that good for India and China ? Why are the pro immigrants against this ? Some times I get the feeling as to who actually is pro and who is anti immigrant !!!! In adition, it may eliminate the many backlogs and help the deserving people here.
3. People who have made a conscious decision to immigrate here have done so considering the standard of living as one of the primary factors in their decisions. In order to enjoy this standard of living, people have to constantly upgrade skillsets to remain competitive in an industry or move to another industry where mass interest is relatively low. Why should these people's lives, after all the travails, be impacted by the low wage scum outsourcing companies. Please remember these companies, like an other company on earth, operate only on self interest. No point in supporting such companies which in adition to the self interest principle also flout rules with abandon.
4. In my opinion, self interest has alwyas resulted in the greater good of society. Do not confuse self interest with greed. Greed is what caused this financial mess. If people/companies operated with concern for greater societal good, they would have spent billions in concocting an AIDS vaccine for the children in Africa than to spend the same billions in concocting VIAGRA for the rich old men. Since employment based immigration debate involves companies' interests too, we have to balance societal good with some impact for the companies. My suggestion here is that let the outsourcers take the hit. They have always benefitted by flouting the rules. If your concern is way too high for your L1 brothers then you would find it prudent to bring in the law that clearly states "Pay high wages for the L1s or dont bring them in here". I dont understand what is wrong here ? Is it that I didnt convey my message across right or is it that people blindly support immigration ?
GetGC08
07-30 05:01 PM
Both these are separate processes and note that the I-140 is for a future job.So relax.
Hello Samay,
I just received RFE for I-140.
I-140 Details:
I have applied I-140 under EB2 India.
I have BS(3 years) with computer science & MCA(MS 3 years) in computer science. So total 6 years of education in computer science(3 yrs BS + 3 yrs MS).
Also I have 1.5 years(18 months) of experience after completing my MS. I have submitted my experience letter at the time of filling labor But USCIS didn't ask anything regarding experience.
In labor(PERM) we mentioned Masters required
& Major field of study is Computers.
Do I qualify for EB2??Plz let me know.
RFE details:
1) Degree evaluation(what's the procedure?)
&
2) They want most recent W2 for 2007.
In 2007(W2) I got paid $59K(gross) & in LCA(H1B) prevailing wage mentioned is $55k.
In labor(PERM) prevailing wage mentioned is $63K & offered wage mentioned is $ 65K.
Difference between W2 & Prevailing wage in labor(PERM) is $4000($63K - $59K).
Difference between W2 & Offered wage in labor(PERM) is $6000($65K - $59K).
Is this a serious problem???
My labor already got approved.
My company is financially very good.
Now which wage USCIS consider or match with W2??
I will really appreciate your response.
Thanks.
Hello Samay,
I just received RFE for I-140.
I-140 Details:
I have applied I-140 under EB2 India.
I have BS(3 years) with computer science & MCA(MS 3 years) in computer science. So total 6 years of education in computer science(3 yrs BS + 3 yrs MS).
Also I have 1.5 years(18 months) of experience after completing my MS. I have submitted my experience letter at the time of filling labor But USCIS didn't ask anything regarding experience.
In labor(PERM) we mentioned Masters required
& Major field of study is Computers.
Do I qualify for EB2??Plz let me know.
RFE details:
1) Degree evaluation(what's the procedure?)
&
2) They want most recent W2 for 2007.
In 2007(W2) I got paid $59K(gross) & in LCA(H1B) prevailing wage mentioned is $55k.
In labor(PERM) prevailing wage mentioned is $63K & offered wage mentioned is $ 65K.
Difference between W2 & Prevailing wage in labor(PERM) is $4000($63K - $59K).
Difference between W2 & Offered wage in labor(PERM) is $6000($65K - $59K).
Is this a serious problem???
My labor already got approved.
My company is financially very good.
Now which wage USCIS consider or match with W2??
I will really appreciate your response.
Thanks.
more...
.jpg "hit movie Marley amp; Me--to")
chintu25
02-13 11:00 AM
The issue is that people speak big here - but run away when asked to come forward. How do we trust 35K members who have tons of excuses for not doing anything for themsleves and blaming IV and questioning IVs credibility?
Also another point in your response that said ...how do we trust .....
I ask do we have a choice ... to not trust.
Trust is a strong word.
IV is based on trust and common goals I think
All the members on this forum have atleast some TRUST and Faith in IV otherwise they wouldnt be here .....Maybe they are fearful of coming out in the open but like I said I am sure they will unite to take action under the IV umbrella
Also another point in your response that said ...how do we trust .....
I ask do we have a choice ... to not trust.
Trust is a strong word.
IV is based on trust and common goals I think
All the members on this forum have atleast some TRUST and Faith in IV otherwise they wouldnt be here .....Maybe they are fearful of coming out in the open but like I said I am sure they will unite to take action under the IV umbrella
2010 quot;Marley amp; Mequot; New York VIP
kanakabyraju
09-04 07:56 PM
I spent almost an hr going through these massive 12 pages and concluded to support British's saying "Indians are dogs" and I want to add the following,
Indians are dogs and AP is full of mad dogs.
I am from AP and does not belong to either of the casts that people were fighting here.
I like YSR because of his leadership qualities. I like his guts, determination and down to earth personality. This is just his personality and I don't like the way he is spending money and all traps for poor people and making them beg. As many friends here are talking, he is corrupt, kills opponents and land mafia.
From all the posts I have not find a single person to mention JP from Loksatta. If we keep aside the feelings like state, language, caste and religion and encourage JP, we will really see bright India.
URL Here :: Lok Satta Party - New Politics for a New Generation :: (http://loksatta.org/)
We shall stop here and talk some one like JP.
Kanaka
Indians are dogs and AP is full of mad dogs.
I am from AP and does not belong to either of the casts that people were fighting here.
I like YSR because of his leadership qualities. I like his guts, determination and down to earth personality. This is just his personality and I don't like the way he is spending money and all traps for poor people and making them beg. As many friends here are talking, he is corrupt, kills opponents and land mafia.
From all the posts I have not find a single person to mention JP from Loksatta. If we keep aside the feelings like state, language, caste and religion and encourage JP, we will really see bright India.
URL Here :: Lok Satta Party - New Politics for a New Generation :: (http://loksatta.org/)
We shall stop here and talk some one like JP.
Kanaka
more...
lazycis
12-13 04:22 PM
It does not violate the constitution so we better of concentrating on other issues. The country has a right to regulate foreign relationships as it sees fit. It does not have to treat all countries equally. Some countries are eligible for DV lottery, some not. Also, per-country limits for employment-based visas apply to those who are in the US and to those who are not.
We have to push Congress for changes, not courts. Some laws can and should be challenged, but this is not the case.
We have to push Congress for changes, not courts. Some laws can and should be challenged, but this is not the case.
hair marley and me puppy years. on
tikka
07-03 11:19 PM
http://digg.com/politics/Rep_Lofgren_Issues_Statement_on_Updated_Visa_Bulle tin
http://digg.com/politics/U_S_Withdraws_Offer_of_60_000_Job_Based_Visas_Ange ring_Immigration_Lawyer/who
IF WE GET 100 digs on the ny times it will stay on most popular for a while.
Also, you can DIGG the comments!!
http://digg.com/politics/U_S_Withdraws_Offer_of_60_000_Job_Based_Visas_Ange ring_Immigration_Lawyer/who
IF WE GET 100 digs on the ny times it will stay on most popular for a while.
Also, you can DIGG the comments!!
more...
Jerrome
05-12 03:56 PM
Tamils live the same life as Sinhala and Muslims, if you're visited sri lanka you would see that. Schools are open to everyone within their respective distances, tamils conduct business same as muslims and sinhala. What you're discussing is something that happened when the country was given independance and the sinhala policy came into act. This is not the case anymore in sri lanka, if it was all the tamils in the country would have moved to the north where their so called saviors were fighting.
Oops i may be living in a parallel world. I failed to see the people in yalpanam and triconmole living peacefully with equal rights.
FYI i have been to SL twice(2003 & 2005) to colombo and yalpanam(Pls don't comeback at me calling me as LTTE).
Have you ever been to yalpanam and triconmole while you were in SL.
Oops i may be living in a parallel world. I failed to see the people in yalpanam and triconmole living peacefully with equal rights.
FYI i have been to SL twice(2003 & 2005) to colombo and yalpanam(Pls don't comeback at me calling me as LTTE).
Have you ever been to yalpanam and triconmole while you were in SL.
hot marley and me puppy years.
_TrueFacts
09-16 09:16 PM
Families paid to claim YSR shock deaths (http://indiatoday.intoday.in/site/Story/61917/Top%20Stories/Families+paid+to+claim+YSR+shock+deaths.html)
http://www.youtube.com/watch?v=ckc3oGDljsM
Have to see how low YSR's Son can go. KVP used people's deaths as a reason to claim CM post for another Gunda YS Jagan.
Andhra Pradesh Congressmen are going to extreme lengths to show how scores of people in the state had died of shock following former chief minister Y.S. Rajasekhara Reddy's tragic helicopter crash.
Ever since Reddy's body was found in the Nallamala forests on September 3, there have been reports sourced to the Congress party of deaths from heart attacks and suicides from all parts of the state.
However, cross-checking some of these cases revealed an uncomfortable truth that many had suspected all along - that these people had died of natural causes and their deaths could not be linked to Reddy's accident. The investigation also exposed how cynical local Congress leaders, and in one case allegedly a state minister, had paid the families of those who had died from natural causes since September 3 to say the deaths were due to shock following the former chief minister's accident.
http://www.youtube.com/watch?v=ckc3oGDljsM
Have to see how low YSR's Son can go. KVP used people's deaths as a reason to claim CM post for another Gunda YS Jagan.
Andhra Pradesh Congressmen are going to extreme lengths to show how scores of people in the state had died of shock following former chief minister Y.S. Rajasekhara Reddy's tragic helicopter crash.
Ever since Reddy's body was found in the Nallamala forests on September 3, there have been reports sourced to the Congress party of deaths from heart attacks and suicides from all parts of the state.
However, cross-checking some of these cases revealed an uncomfortable truth that many had suspected all along - that these people had died of natural causes and their deaths could not be linked to Reddy's accident. The investigation also exposed how cynical local Congress leaders, and in one case allegedly a state minister, had paid the families of those who had died from natural causes since September 3 to say the deaths were due to shock following the former chief minister's accident.
more...
house Marley amp; Me 2008
vdlrao
07-16 06:05 PM
EB2 is current now..."EB2 will be current within a year" gives an impression that EB2 which is not current will get current in one year...
I mean EB2 India will be current with in a year.
I mean EB2 India will be current with in a year.
tattoo posters from Marley amp; Me
humdesi
11-09 11:07 AM
Found an interesting thread on this topic in immigrationportal. The post below is by vm_gc who got his GC recently:
Hi qwerty1111,
I completely understand where your comment is coming from and respect your comments. But to be fair, i think it's just not appropriate making such comment without completely knowing my situvation.
I came to this country in 2000 and start working for my current employer, one of the reputed big technology company, in 2000. As the dot com bust started in late 2000, my company stopped applying green cards for employees as per law (since they were not in a position to show not availability of people with my skills and at the same time they started laying off people). But i still chose to stay with my current employer due to the kind of work we do and learning opportunities in my job. Finally my employer applied my GC in 2005 that to non-RIR category (not even RIR category as they still had some issues in applying RIR) as my 6year term was coming near. And this labor is still rotting in the backlog center and i don't know when it will be cleared (and i have already completed my 6year h1b term).
And in sept 2005, my employer gave me a sub labor, as the labor matched my skills and based on my superior performance (since there were many people similiar to my situvation in my company). This sub labor, i neither bought with money nor with some recommendations. It's completely earned by working hard.
And the same time, while i was waiting for my labor to be applied, many of friends and people i know of, who came to this country at much later time, went to work for small consultancy companies, applied GC and got GC long time back. How ?. because the small companies don't even follow the laws, can apply GCs in RIR (by showing some junk proofs) and they will open a satelite offices in places like maine, wisconsin (just for their employees GCs) and get the labor approved at a faster rate. While we working at big companies wait for labor to be applied by following strict laws.
You tell me what is fair in this country, when it comes to immigration process.
Your situvation could be much worse than me, but that's mainly due to the broken immigration process in country.
I am not taking any offense on your comments. I wish you good luck and i hope your GC will come through soon.
__________________
Sub Labor PD: 8/21/2002, EB2, India
I-140 : RD 09/22/2005, AD 03/01/2006
I-485: RD 09/22/2005, AD 11/07/2006
05/31/2006 : lawyer sent a letter with supporting documents to USCIS for correcting PD on I-140 approval notice. I-140 approval PD shows as 09/22/2005.
09/14/06: received updated I-140 approval notice with correct PD.
Finger Prints/Name check - cleared (according to USCIS letter)
Hi qwerty1111,
I completely understand where your comment is coming from and respect your comments. But to be fair, i think it's just not appropriate making such comment without completely knowing my situvation.
I came to this country in 2000 and start working for my current employer, one of the reputed big technology company, in 2000. As the dot com bust started in late 2000, my company stopped applying green cards for employees as per law (since they were not in a position to show not availability of people with my skills and at the same time they started laying off people). But i still chose to stay with my current employer due to the kind of work we do and learning opportunities in my job. Finally my employer applied my GC in 2005 that to non-RIR category (not even RIR category as they still had some issues in applying RIR) as my 6year term was coming near. And this labor is still rotting in the backlog center and i don't know when it will be cleared (and i have already completed my 6year h1b term).
And in sept 2005, my employer gave me a sub labor, as the labor matched my skills and based on my superior performance (since there were many people similiar to my situvation in my company). This sub labor, i neither bought with money nor with some recommendations. It's completely earned by working hard.
And the same time, while i was waiting for my labor to be applied, many of friends and people i know of, who came to this country at much later time, went to work for small consultancy companies, applied GC and got GC long time back. How ?. because the small companies don't even follow the laws, can apply GCs in RIR (by showing some junk proofs) and they will open a satelite offices in places like maine, wisconsin (just for their employees GCs) and get the labor approved at a faster rate. While we working at big companies wait for labor to be applied by following strict laws.
You tell me what is fair in this country, when it comes to immigration process.
Your situvation could be much worse than me, but that's mainly due to the broken immigration process in country.
I am not taking any offense on your comments. I wish you good luck and i hope your GC will come through soon.
__________________
Sub Labor PD: 8/21/2002, EB2, India
I-140 : RD 09/22/2005, AD 03/01/2006
I-485: RD 09/22/2005, AD 11/07/2006
05/31/2006 : lawyer sent a letter with supporting documents to USCIS for correcting PD on I-140 approval notice. I-140 approval PD shows as 09/22/2005.
09/14/06: received updated I-140 approval notice with correct PD.
Finger Prints/Name check - cleared (according to USCIS letter)
more...
pictures hit movie Marley amp; Me--to
mbawa2574
02-14 01:34 PM
Let's stay united and focus on the orignal agenda. Removing country based caps from Employment Based Green cards is a valid agenda and is been there before this VB popped up. Skills don't need a cap.Business should be able to hire best and brightest here without any country limits.
Enforce country cap on Family based GC/DV lotterry for the diversity sake. FYI India and China don't have access to DV Lottery. This system is insane and let's not fight among ourselves to defend this crappy immigration system. . U may see ROW retrogress to 1998 in next VB and what will u say then ?. Bottom line is Fighting will not take us anywhere and changing this unpredictable system will be the only way to go.
Enforce country cap on Family based GC/DV lotterry for the diversity sake. FYI India and China don't have access to DV Lottery. This system is insane and let's not fight among ourselves to defend this crappy immigration system. . U may see ROW retrogress to 1998 in next VB and what will u say then ?. Bottom line is Fighting will not take us anywhere and changing this unpredictable system will be the only way to go.
dresses marley and me 2. images marley
polapragada
09-24 12:30 AM
Sent the E-mail. tomorrow I will send another E-mail from my official ID
more...
makeup marley and me puppy years.
GCard_Dream
06-28 07:31 PM
I think the folks who decided to file on their own are clearly the winners here because they have complete control over when the AOS gets filed. Folks like me who decided to go with the company law firm are clearly the biggest losers here because with all the added work load, the law firms are in complete disarray and can not guarantee anything about when the cases will be filed. The company law firm I am dealing with is in so much disarray that they have stopped taking phone calls and they wouldn’t even talk to me on the phone.
I have submitted all documents and filled out all their forms a while ago and I still haven't heard a word from them about whether they have received all the documents and when do they expect to file my case. Yet this is the law firm that probably charges 400 bucks an hour.
Like logiclife said, I wish I would have done it myself. Well .. too late now :(
I have submitted all documents and filled out all their forms a while ago and I still haven't heard a word from them about whether they have received all the documents and when do they expect to file my case. Yet this is the law firm that probably charges 400 bucks an hour.
Like logiclife said, I wish I would have done it myself. Well .. too late now :(
girlfriend (Marley amp; Me: The Puppy
go2roomshare
07-11 06:11 PM
I know people who got their GC in 7 months from the date they filed PERM. and then there are many people getting GCs every month. There are both good stories and bad stories to tell about getting GC in US.
There were times when H1 quota never reached the limit during the whole fiscal year, now they get used in just 2 days. This mess in GC process is a result mainly due to our own actions (temporary workers and consulting companies hiring temporary workers). Do you think majority of us once we get GC, stay with the consulting company that filed for our GC? When a consulting company files for PERM, they already have a foreign national working under H-1B in that position. So where is the real intent to hire an American when some foreigner is already working at that position?
This employment based GC is a way for us foreigners to immigrate to US easily at one point. Now due to our extreme usage and abuse of this process, there are genuine people who are being sponsored to immigrate to US are also suffering. In a true employment GC scenario, the company should be desperate to keep you for a long time (more than 6 years after H-1B is maxed) for your valuable skills that they were unable to find in others. But in most GC cases, looks like we temporary workers are more desperate than our employers for the GC? aren't we? Do you see any companies sweating on how to retain you with them, because you H-1B is expiring and they have no way to keep you?
Do not put all the blame on US immigration system, the majority of the blame should fall on us and the companies who are helping us to get GCs when our cases are not based on genuine sponsors.
You are right, this is partly true. I work in one of forture 20 company , they redid whole GC on EB2 since Eb3 PD is getting wrost. it wad done just to make me happy and keep me with the company. How many employers will do that? I know lot of my friends had to prey employers and pay from their pocket for same. It is really comes to individual case. on whole i belive we are in more disparate position for GC than employers who really should be.
this is open secret, don't you agree.
There were times when H1 quota never reached the limit during the whole fiscal year, now they get used in just 2 days. This mess in GC process is a result mainly due to our own actions (temporary workers and consulting companies hiring temporary workers). Do you think majority of us once we get GC, stay with the consulting company that filed for our GC? When a consulting company files for PERM, they already have a foreign national working under H-1B in that position. So where is the real intent to hire an American when some foreigner is already working at that position?
This employment based GC is a way for us foreigners to immigrate to US easily at one point. Now due to our extreme usage and abuse of this process, there are genuine people who are being sponsored to immigrate to US are also suffering. In a true employment GC scenario, the company should be desperate to keep you for a long time (more than 6 years after H-1B is maxed) for your valuable skills that they were unable to find in others. But in most GC cases, looks like we temporary workers are more desperate than our employers for the GC? aren't we? Do you see any companies sweating on how to retain you with them, because you H-1B is expiring and they have no way to keep you?
Do not put all the blame on US immigration system, the majority of the blame should fall on us and the companies who are helping us to get GCs when our cases are not based on genuine sponsors.
You are right, this is partly true. I work in one of forture 20 company , they redid whole GC on EB2 since Eb3 PD is getting wrost. it wad done just to make me happy and keep me with the company. How many employers will do that? I know lot of my friends had to prey employers and pay from their pocket for same. It is really comes to individual case. on whole i belive we are in more disparate position for GC than employers who really should be.
this is open secret, don't you agree.
hairstyles Marley home as a puppy,
apnair2002
04-29 09:26 AM
04/29/2007: Elimination of Substitution of Aliens for the Certified Labor Certification Applications
As we stated earlier, the OMB had 90 days to make a decision on this DOL Final Rule. It was submitted on 01/26/2007 and the OMB cleared on 04/27/2007, just immediately prior to expiration of 90 days.
This final rule will not go into effect until it is published by the DOL in the federal register. Record reflects that this final rule will not be published in the federal register, Monday, 04/30/2007. We have yet to see what changes to the proposed version of the rule the DOL made in the final rule. However, it is certain that this rule will not go into effect on Monday, 04/30/2007, and there may still be some actions the employers can make before it is published in the federal register.
Pending Labor Certification Cases: PERM rule does not allow any amendments and no substitution of alien beneficiary available until the PERM application is certified. By the time PERM is approved, it may be too late to initiate the substitution. However, the cases which are pending at the BECs are different. The beneficiaries can be substituted inasmuch as the job order and the BEC supervised recruitment has yet to be initiated. At this time, the amendment of the BEC application does not require a paper request and e-mail or even phone call request followed by fax will work to substitute the alien. Under the final rule which will go into effect soon, the labor certification applications at the stage of DOL can survive only if the substitution has been approved at the time of release of the final rule. Accordingly, the employers can contact the BECs tomorrow, Monday, to amend the pending ETA 705 and alien beneficiary over the phone, via e-mail, followed by the phone calls and fax or straightforwardedly via fax. CAVEAT: If substitution is denied and original beneficiary ETA 750 is denied for the reason that there is no beneficiary, the employer can lose everything!!
Certified Labor Certification Cases: These cases will not be able to survive unless the I-140 petition is quickly filed on Monday substituting the alien beneficiary. The earliest filing date will be "Tuesday" since overnight delivery has to reach the Service Centers. Still worth trying. Once it is "filed," it will be safe. There remain a host of issues which will have to be resolved by the USCIS as to the consequences of the denial of these substitution I-140 petitions on issues other than alien beneficiaries qualifications such as the employer's financial ability to pay the proffered wage, etc. Obviously, the denial becomes a "final" action, the cases on appeal to the AAO will continue to remain outside the parameter of the elimination rule. Another question is the effect of motion to reopen of denial of substitution I-140 petitions. There is some chance that the USCIS may decide that once the motion is granted and I-140 petition is approved, the DOL's final rule of elimination of substitution will not affect the case. What if the employer refiles the substitution I-140 petitions? The chances of these cases will remail slim or nil. Since it will be considred a "new" filing of substitution I-140 petition, the USCIS may rule that such filing will be subject to the DOL's substitution elimination final rule. There will be other issues which fall under the jurisdiction of the USCIS rather than DOL as related to the interpretation of the substitution I-140 petitions. The USCIS is scheduled to initiate this rule making process sooner or later. Please stay tuned.
Impact on the Retention of Priority Date: The rule of retention of priority date is governed not by the DOL but by the USCIS. Under the USCIS rule, the priority date of the labor certification application is not retained until I-140 petition is "approved." Accordingly, if the decision of the denial of the substitution I-140 becomes final on appeal, the substituting alien will not be able to retain the priority. Neither the original beneficiary can retain the priority date unless the alien beneficiary substition I-140 petition was filed after the I-140 had been approved for the original beneficiary.
Impact on the 7th-Year H-1B Extension: Until the substitution I-140 is denied and becomes final on appeal, the substitutiing alien will be able to continuously extend the H-1B status in one-year increment, but the substituted alien will not be able to extend the 7th-year H-1B status based on the substituted labor certification application. Once the decision of denial becomes final, the substituting alien will not be able to extend the H-1B status after that time, but the validity of the approved 7th-year H-1B status will remain valid until the expiration date.
Impact on the 245(i) Benefits: Grandfathering of the 245(i) benefits cannot be transferred to other aliens and substituting aliens cannot take over the 245(i) benefits unless the substitution was filed before April 30, 2001. Once the grandfathering is attached, it remains valid unless "not approveable at the time of labor certification application filing" is found. Accordingly, the denial of substitution I-140 petition on behalf of the substituting alien will have no affect on the original beneficiary's retention of the 245(i) benefits.
Well, let's wait and see the text of the soon-to-be published final rule.
As we stated earlier, the OMB had 90 days to make a decision on this DOL Final Rule. It was submitted on 01/26/2007 and the OMB cleared on 04/27/2007, just immediately prior to expiration of 90 days.
This final rule will not go into effect until it is published by the DOL in the federal register. Record reflects that this final rule will not be published in the federal register, Monday, 04/30/2007. We have yet to see what changes to the proposed version of the rule the DOL made in the final rule. However, it is certain that this rule will not go into effect on Monday, 04/30/2007, and there may still be some actions the employers can make before it is published in the federal register.
Pending Labor Certification Cases: PERM rule does not allow any amendments and no substitution of alien beneficiary available until the PERM application is certified. By the time PERM is approved, it may be too late to initiate the substitution. However, the cases which are pending at the BECs are different. The beneficiaries can be substituted inasmuch as the job order and the BEC supervised recruitment has yet to be initiated. At this time, the amendment of the BEC application does not require a paper request and e-mail or even phone call request followed by fax will work to substitute the alien. Under the final rule which will go into effect soon, the labor certification applications at the stage of DOL can survive only if the substitution has been approved at the time of release of the final rule. Accordingly, the employers can contact the BECs tomorrow, Monday, to amend the pending ETA 705 and alien beneficiary over the phone, via e-mail, followed by the phone calls and fax or straightforwardedly via fax. CAVEAT: If substitution is denied and original beneficiary ETA 750 is denied for the reason that there is no beneficiary, the employer can lose everything!!
Certified Labor Certification Cases: These cases will not be able to survive unless the I-140 petition is quickly filed on Monday substituting the alien beneficiary. The earliest filing date will be "Tuesday" since overnight delivery has to reach the Service Centers. Still worth trying. Once it is "filed," it will be safe. There remain a host of issues which will have to be resolved by the USCIS as to the consequences of the denial of these substitution I-140 petitions on issues other than alien beneficiaries qualifications such as the employer's financial ability to pay the proffered wage, etc. Obviously, the denial becomes a "final" action, the cases on appeal to the AAO will continue to remain outside the parameter of the elimination rule. Another question is the effect of motion to reopen of denial of substitution I-140 petitions. There is some chance that the USCIS may decide that once the motion is granted and I-140 petition is approved, the DOL's final rule of elimination of substitution will not affect the case. What if the employer refiles the substitution I-140 petitions? The chances of these cases will remail slim or nil. Since it will be considred a "new" filing of substitution I-140 petition, the USCIS may rule that such filing will be subject to the DOL's substitution elimination final rule. There will be other issues which fall under the jurisdiction of the USCIS rather than DOL as related to the interpretation of the substitution I-140 petitions. The USCIS is scheduled to initiate this rule making process sooner or later. Please stay tuned.
Impact on the Retention of Priority Date: The rule of retention of priority date is governed not by the DOL but by the USCIS. Under the USCIS rule, the priority date of the labor certification application is not retained until I-140 petition is "approved." Accordingly, if the decision of the denial of the substitution I-140 becomes final on appeal, the substituting alien will not be able to retain the priority. Neither the original beneficiary can retain the priority date unless the alien beneficiary substition I-140 petition was filed after the I-140 had been approved for the original beneficiary.
Impact on the 7th-Year H-1B Extension: Until the substitution I-140 is denied and becomes final on appeal, the substitutiing alien will be able to continuously extend the H-1B status in one-year increment, but the substituted alien will not be able to extend the 7th-year H-1B status based on the substituted labor certification application. Once the decision of denial becomes final, the substituting alien will not be able to extend the H-1B status after that time, but the validity of the approved 7th-year H-1B status will remain valid until the expiration date.
Impact on the 245(i) Benefits: Grandfathering of the 245(i) benefits cannot be transferred to other aliens and substituting aliens cannot take over the 245(i) benefits unless the substitution was filed before April 30, 2001. Once the grandfathering is attached, it remains valid unless "not approveable at the time of labor certification application filing" is found. Accordingly, the denial of substitution I-140 petition on behalf of the substituting alien will have no affect on the original beneficiary's retention of the 245(i) benefits.
Well, let's wait and see the text of the soon-to-be published final rule.
zen
04-01 03:18 AM
This is certainly one of the popular thread ..why are we so concerned as to who the next PM will be ..are most of us in the forum so concerned because we may have to pack our bags and return to Mother India ?
xbohdpukc
02-12 08:25 PM
After reading through the forums, I understand the EB3-World needs to become current for any others to move forward.
But now I notice that EB3-World itself has stopped moving after jumping for some months. Any reasons? (The 245i is already cleared and now it is in Aug 02)
Is there any other 245is preventing it????
The demand for visa numbers is still being fed by both DOL backlog centers.
But now I notice that EB3-World itself has stopped moving after jumping for some months. Any reasons? (The 245i is already cleared and now it is in Aug 02)
Is there any other 245is preventing it????
The demand for visa numbers is still being fed by both DOL backlog centers.
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