ItIsNotFunny
05-01 09:57 AM
This is my first post.
My Employer's Inhouse Attorney ( one of big 4 ) says technically EB dependents ( all 1,2,3) must be classified under FAMILY quota. USCIS mis classifies them under EMPLOYMENT quota.
Is he technically correct ?
Since, Most of dependents will not be affected when they are classified under Family quota (as they have AP and EAD).
Can IV possibly consider for push for reclassification of Dependents under Family Quota ? This will reduce backlog.
Please don't take it out of context, I am not trying to hurt any EB dependents, I too have a spouse working part time using beneficiary EAD. This is more of an open question.
This is an excellent point. I would like to raise this up in next IV conference call.
My Employer's Inhouse Attorney ( one of big 4 ) says technically EB dependents ( all 1,2,3) must be classified under FAMILY quota. USCIS mis classifies them under EMPLOYMENT quota.
Is he technically correct ?
Since, Most of dependents will not be affected when they are classified under Family quota (as they have AP and EAD).
Can IV possibly consider for push for reclassification of Dependents under Family Quota ? This will reduce backlog.
Please don't take it out of context, I am not trying to hurt any EB dependents, I too have a spouse working part time using beneficiary EAD. This is more of an open question.
This is an excellent point. I would like to raise this up in next IV conference call.
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kshitijnt
06-25 10:02 PM
While I feel the same pain that you do, what I would like to state is:
H1 is an unique employment scenario. H1s are hired to fill in shortages and hence employers are under no obligation to consider H1s ahead of green card holders or US citizens.
Also any good company that you want to work for will consider all candidates based on their skills and not the visa status.
So the company that says only GC holders or USC may not be a good company to work for in the end.
H1 is an unique employment scenario. H1s are hired to fill in shortages and hence employers are under no obligation to consider H1s ahead of green card holders or US citizens.
Also any good company that you want to work for will consider all candidates based on their skills and not the visa status.
So the company that says only GC holders or USC may not be a good company to work for in the end.
mirage
03-06 04:31 PM
And worst is the lottery...What pisses me off is that there are 220,000 visa numbers every year for family based GCs while skilled immigrants get only 140,000. Nothing wrong with immigrants wanting to bring immediate family members but this is causing nothing but chain migration. I think USA give more GCs to cab drivers than skilled immigrants.
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nepaliboy
05-19 05:03 PM
i had call several times open service request 3times but no help finelly i took infopass and went to atlanta to see io he fineally shedule me for 28th may but i have not receive appointment letter yet .
do you think i will receive letter ?
after fingerprint i will see lud or not?
i am july 2nd 2007 filler and my pd is november 2005 row , my visa is current now so what will happen after my fingerprint to my file?
will they put back again somewhere storage place or they will finished my fille work?
do you think i will receive letter ?
after fingerprint i will see lud or not?
i am july 2nd 2007 filler and my pd is november 2005 row , my visa is current now so what will happen after my fingerprint to my file?
will they put back again somewhere storage place or they will finished my fille work?
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nsrinivas
09-11 04:10 PM
My applications ( I-140; I-485; I-765) were mailed on July 27th to NSC and they had acknowledged received on JULY-30th as per the mail delivery confirmation.
Today I recieved a note from my lawyer that the receipt notice has been issued for all of my applications.
Phew that was a relief as I was about to leave to India soon and was worried about travelling without the receipt number.
Today I recieved a note from my lawyer that the receipt notice has been issued for all of my applications.
Phew that was a relief as I was about to leave to India soon and was worried about travelling without the receipt number.
jsb
11-02 10:58 AM
Even after 180 days, your employer put a withdrawal request with proof of insufficient financial strength to pay you from the period start (within 180 days ) till the withdrawal request date then what will you do? Now it is clearly "un approvable" during "even within 180 days" . Now 180 days passed already? - yes. I-140 is already approved? - No, Employer filed withdrawal ?- yes? Employer shows underlying reason of insufficient finance capacity within 180 days - yes .. Then case closed - Denial - Next.
.
Above argument is not fully correct. Someone had posted extracts from the law. Please read that once again, and keep in mind the spirit of the law as well.
Until 180 days: If I-140 is denied or withdrawn, no GC. Note that you are not required to be working for sponsoring employer prior to your getting GC. There should be only an intent on both parties to establish employee/employer relationship upon getting GC
After 180 days: I-140 withdrawl has no effect provided beneficiary (you) has another job offer for the same/similar job. No new I-140 needed, if first I-140 was approvable.
I-140 denied after 180 days: No GC if still with same employer. If new employer (for same/simiar job), new I-140 is needed. If different job new LC and I-140 (keep original PD)
Bottomline is that there has to be at least one I-140 approved at some stage.
.
Above argument is not fully correct. Someone had posted extracts from the law. Please read that once again, and keep in mind the spirit of the law as well.
Until 180 days: If I-140 is denied or withdrawn, no GC. Note that you are not required to be working for sponsoring employer prior to your getting GC. There should be only an intent on both parties to establish employee/employer relationship upon getting GC
After 180 days: I-140 withdrawl has no effect provided beneficiary (you) has another job offer for the same/similar job. No new I-140 needed, if first I-140 was approvable.
I-140 denied after 180 days: No GC if still with same employer. If new employer (for same/simiar job), new I-140 is needed. If different job new LC and I-140 (keep original PD)
Bottomline is that there has to be at least one I-140 approved at some stage.
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GC_wait_forever
11-21 03:10 PM
Hi Mehul,
Thank you for clarifying your situation. If you need any assistance please PM me. I have doctors in my family in the US and some are very very well placed. They can help you. I still believe that your first priority should be to get better. Things will fall in place.Reach out to us if there is anything we can help you with.
Thank you for clarifying your situation. If you need any assistance please PM me. I have doctors in my family in the US and some are very very well placed. They can help you. I still believe that your first priority should be to get better. Things will fall in place.Reach out to us if there is anything we can help you with.
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acecupid
07-03 01:26 PM
This is great guys... I'm going to order the flowers right away. But make sure everyone signs off as 'Victim of revised visa bulletin', otherwise Mr. Gonzalez might think we are commending him for the good work. Make sure its clear that this message is in protest! :)
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diptam
06-22 11:28 PM
Using spouse's name is a great idea ...
If i say i'm joining Masters Program then also they wont give the Letter
- they dont want to lose the FAT billing rate out of me.
I suggest that you should request him and convince him that you are not going to quit and make up some story like your spouse wants EAD to work and you are joining masters program etc.
If i say i'm joining Masters Program then also they wont give the Letter
- they dont want to lose the FAT billing rate out of me.
I suggest that you should request him and convince him that you are not going to quit and make up some story like your spouse wants EAD to work and you are joining masters program etc.
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shaileshkaria2525@hotmail
11-21 08:36 PM
Gurus,
I have a unique position. couple of weeks back I was told that have fatal cancer and won't live pass 4-6 months. After recovering from initial shock I am wondering if my wife will be able to continue her american dream or she will have to head home after me.
I have filed 485 with approved 140 back in june, 2007 with PD of March, 2003
Please help.
Mehul
Tough times do not last; Tough men do! Bring out the fighter in you and you will triumph! Our sincere prayers from my family and I are always going to be with you and your family...
shailesh karia
I have a unique position. couple of weeks back I was told that have fatal cancer and won't live pass 4-6 months. After recovering from initial shock I am wondering if my wife will be able to continue her american dream or she will have to head home after me.
I have filed 485 with approved 140 back in june, 2007 with PD of March, 2003
Please help.
Mehul
Tough times do not last; Tough men do! Bring out the fighter in you and you will triumph! Our sincere prayers from my family and I are always going to be with you and your family...
shailesh karia
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rbanerjee
06-22 11:49 AM
Regarding feedback from the public on skilled legal immigration, read the article below. Then go to "Discuss" and see what Americans are saying about us. They are making a tough point that in these inevitable times of offshoring, we are coming here to take away jobs that are left.
http://news.yahoo.com/s/ap/20060622/ap_on_go_co/immigration_getting_on_line_7;_ylt=Amc.zZb07X6A849 i9qW0XfBQuk0A;_ylu=X3oDMTBiMW04NW9mBHNlYwMlJVRPUCU l
This myth has never been successfully countered in the media or any other PR or lobbying channel by the legal immigration crowd.
The standard line amounts to this:
We are highly skilled we are legal and we are stuck and dont deserve this.
This is not good PR. Nobody cares about this.. it will get us nowhere..
We need to have a standard message apart from all other humint crap..
1) legals cannot undercut US jobseekers because of strict labor laws. Employers are paying a premium in wages as well as legal fees to retain their legal alien workforce. IT would be foolhardy of them to go through the hassle if local talent was easily available.
2) legals are in most cases paying taxes for which they may never realize the benifits like social security.
We need to let it be known in a firm polite manner that
1) we are giving more than we are getting and are not free loaders
2) we are not harming or displacing anyone.
I dont think this can be perceived as tryng to distance ourselves from undocumented workers. There are rare moments when the media does focus on legal immigrants as a group lets make the most of it.
http://news.yahoo.com/s/ap/20060622/ap_on_go_co/immigration_getting_on_line_7;_ylt=Amc.zZb07X6A849 i9qW0XfBQuk0A;_ylu=X3oDMTBiMW04NW9mBHNlYwMlJVRPUCU l
This myth has never been successfully countered in the media or any other PR or lobbying channel by the legal immigration crowd.
The standard line amounts to this:
We are highly skilled we are legal and we are stuck and dont deserve this.
This is not good PR. Nobody cares about this.. it will get us nowhere..
We need to have a standard message apart from all other humint crap..
1) legals cannot undercut US jobseekers because of strict labor laws. Employers are paying a premium in wages as well as legal fees to retain their legal alien workforce. IT would be foolhardy of them to go through the hassle if local talent was easily available.
2) legals are in most cases paying taxes for which they may never realize the benifits like social security.
We need to let it be known in a firm polite manner that
1) we are giving more than we are getting and are not free loaders
2) we are not harming or displacing anyone.
I dont think this can be perceived as tryng to distance ourselves from undocumented workers. There are rare moments when the media does focus on legal immigrants as a group lets make the most of it.
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StarSun
02-22 09:05 AM
Guys/Gals,
We need your time, your enthusiasm on the advocacy days. IV is a grass roots organization. You are the grass roots.
We face problems of backlogs, and career uncertainty. IV is offering a solution, if implemented, it will bring relief to all. IV needs your help to deliver what you and I "NEED" AND "WANT".
HELP IV HELP YOU.
We need heavy participation on the lobby days, I need volunteers from different states to ask me "How can I help?" instead, I am trying to find volunteers! I have been able to persuade members who have received GCs to help out, but getting members who are still in the mess are either unaware of the advocacy days (in spite of the thread running on the home page for the past month) or are not ready to talk to the employers to take the two days off. Capitol Hill runs on weekdays and therefore it is necessary for you to take the time off.
Come on guys, you can do better than this. Donors, members, guests - we are all in this together!
We need your time, your enthusiasm on the advocacy days. IV is a grass roots organization. You are the grass roots.
We face problems of backlogs, and career uncertainty. IV is offering a solution, if implemented, it will bring relief to all. IV needs your help to deliver what you and I "NEED" AND "WANT".
HELP IV HELP YOU.
We need heavy participation on the lobby days, I need volunteers from different states to ask me "How can I help?" instead, I am trying to find volunteers! I have been able to persuade members who have received GCs to help out, but getting members who are still in the mess are either unaware of the advocacy days (in spite of the thread running on the home page for the past month) or are not ready to talk to the employers to take the two days off. Capitol Hill runs on weekdays and therefore it is necessary for you to take the time off.
Come on guys, you can do better than this. Donors, members, guests - we are all in this together!
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sumanitha
01-30 03:58 PM
What�s your problem man? You are mad because your wife did not get H1B/Job? What do you say to a American citizen who is saying that you took his job? It�s all part of the game. Everyone is trying to improve their life.
How can you tell your wife is better? Your wife is doing exactly the same, converting from H4 to H1B. Did she have job offer when she came to USA? You must have come through some consulting company, what kind of offer letter you had when you came to US?
Everyone is playing by the rules, otherwise we would not have been here. dont think you are the only one playing by the rules.
How can you tell he/she is representing false?
People like you are the ones who are dividing the community.
I Completely agree with your reply. First, when I read the comment of that guy, I couldnt accept at all.
You have given a nice and neat reply.
How can you tell your wife is better? Your wife is doing exactly the same, converting from H4 to H1B. Did she have job offer when she came to USA? You must have come through some consulting company, what kind of offer letter you had when you came to US?
Everyone is playing by the rules, otherwise we would not have been here. dont think you are the only one playing by the rules.
How can you tell he/she is representing false?
People like you are the ones who are dividing the community.
I Completely agree with your reply. First, when I read the comment of that guy, I couldnt accept at all.
You have given a nice and neat reply.
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gc4me
08-18 12:45 PM
Are you sure that your application was received on Aug 8th, 2008?
If ture then this is the shortest time I have ever seen for EAD approval.
Lucky you!
May be your Green Card producttion was ordered! Please share your experience.
Hi,
This is for my wife's first time EAD.
Category: EB2, TSC
Priority Date: June 20, 2006
I-485 filing date: July 17th, 2007
Paper based EAD application Received date: Aug 8th, 2008
LUD : Aug 12th, 2008
Card Production Ordered : Aug 16th, 2008
That was pretty quick.
Funny part is, I haven't received receipt notice yet.
If ture then this is the shortest time I have ever seen for EAD approval.
Lucky you!
May be your Green Card producttion was ordered! Please share your experience.
Hi,
This is for my wife's first time EAD.
Category: EB2, TSC
Priority Date: June 20, 2006
I-485 filing date: July 17th, 2007
Paper based EAD application Received date: Aug 8th, 2008
LUD : Aug 12th, 2008
Card Production Ordered : Aug 16th, 2008
That was pretty quick.
Funny part is, I haven't received receipt notice yet.
more...
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gcwait2007
04-20 12:36 PM
I work for company A which sent me to client C through company B(Prefered vendor). After working with the same client for 1.5 yrs, transfered my h1b to company B(PF) due to issues with the pay with company A. Company A has deducted huge sum of money($4000) from my last months pay towards PERM filing(Still under process). Upon demanding them to reimburse my money saying that its against law, they r threatening me saying that based on non-compete agreement they will take legal action against me.
I am not actually aware of the clauses in the agreement. company B(PF) told me that it does not have any clauses in its agreement with company A prohibiting them from taking me.Though i requested company A to provide me a copy of non-compete, they said i signed with them, they haven�t. The company is located in NJ and not sure how non-competes work under NJ state law.
I am really frustated upon this blackmail and going thru lot of pressure. The amount is too big too leave and cannot afford to hire a lawyer in case they file suit based on non-compete. even if i had signed a non compete agreement how does it stand as it is conflicting the agreement which company a signed with PF sayign tht upon my termination of the emplyment with them, Pf can take me without any gap period... what can i do to get my money. they also refused to provide me with experience letter which i need for my future GC filing.
Plz give me ur valuable inputs
I work for a company which recovers expenses incurred for relocation, training, certification exam fee paid, GC expenses, etc if I choose to leave them with in one year of incurring expenses. It seems to be a common practice. Many times, these recovery is waived at the discretion of the managers.
I am not actually aware of the clauses in the agreement. company B(PF) told me that it does not have any clauses in its agreement with company A prohibiting them from taking me.Though i requested company A to provide me a copy of non-compete, they said i signed with them, they haven�t. The company is located in NJ and not sure how non-competes work under NJ state law.
I am really frustated upon this blackmail and going thru lot of pressure. The amount is too big too leave and cannot afford to hire a lawyer in case they file suit based on non-compete. even if i had signed a non compete agreement how does it stand as it is conflicting the agreement which company a signed with PF sayign tht upon my termination of the emplyment with them, Pf can take me without any gap period... what can i do to get my money. they also refused to provide me with experience letter which i need for my future GC filing.
Plz give me ur valuable inputs
I work for a company which recovers expenses incurred for relocation, training, certification exam fee paid, GC expenses, etc if I choose to leave them with in one year of incurring expenses. It seems to be a common practice. Many times, these recovery is waived at the discretion of the managers.
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bigboy007
05-12 06:43 PM
:D it depends on whom you want to send to ?
When you send flowers EB2-I gets retrogressed No will care if ever we have to send flowers as a united group... Are you going to address that as Eb2-India Retrogressed campaign ?
are you guys going on the same trail if dates move back and forth ... one month to send and one month to predict "EB2 will be current" and again one month back to worried...
Support IV dudes... :) and may be you can even update your profile...
My intention is to say united we stand, divided we fall, which we almost did when everyone discussing here thought of earlier that EB3-I is the only group going to have problems...
Some one tell where and how to send flowers?:confused:
When you send flowers EB2-I gets retrogressed No will care if ever we have to send flowers as a united group... Are you going to address that as Eb2-India Retrogressed campaign ?
are you guys going on the same trail if dates move back and forth ... one month to send and one month to predict "EB2 will be current" and again one month back to worried...
Support IV dudes... :) and may be you can even update your profile...
My intention is to say united we stand, divided we fall, which we almost did when everyone discussing here thought of earlier that EB3-I is the only group going to have problems...
Some one tell where and how to send flowers?:confused:
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GCStatus
09-14 10:13 PM
How many admins do we have here?
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unitednations
03-08 08:20 PM
If many EB3-I folks are getting GCs then why is EB3-I PD stuck in 2001? Shouldn't it move?
There are still lots of cases in eb3 from back that far.
Many of the eb3 245i cases; there dependents were outside USA. Once; they got greencards; then their dependents went for consular processing or are going for consular processing.
One of the cases I worked on ability to pay; person had adopted her nephew so that he could get greencard as dependent. You couldn't even begin to imagine how many cases like this there are.
There are still lots of cases in eb3 from back that far.
Many of the eb3 245i cases; there dependents were outside USA. Once; they got greencards; then their dependents went for consular processing or are going for consular processing.
One of the cases I worked on ability to pay; person had adopted her nephew so that he could get greencard as dependent. You couldn't even begin to imagine how many cases like this there are.
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alisa
12-11 07:43 PM
If 6000 of us could achieve so much in an year, imagine what 100k will do. That way we will be a credible enough force to be heard and respected. It still beats me how we have only 6000 odd members despite the dire situation that the majority of EB applicants find themselves in since 2001.
For the life of me, I couldn't figure this out either.
I also don't understand why most of EB applicants are so oblivious to the EB-based immigration situation.
I am from ROW, and I could only shake my head in disbelief when one of my Indian friends asked me innocently if the 'situation' was 'really that bad'?
If there really are 600K EB applicants, and all we can get is 6K members, then perhaps we deserve the crappy situation we find ourselves in today.
For the life of me, I couldn't figure this out either.
I also don't understand why most of EB applicants are so oblivious to the EB-based immigration situation.
I am from ROW, and I could only shake my head in disbelief when one of my Indian friends asked me innocently if the 'situation' was 'really that bad'?
If there really are 600K EB applicants, and all we can get is 6K members, then perhaps we deserve the crappy situation we find ourselves in today.
Tito_ortiz
03-09 11:36 AM
Ash0210, how come you have been here for 12 years without GC?? Can you tell me?
I am from retrogressed country, I am here for last 12 years & did not got depressed as I do not have GC. In my early years in USA, I used to get depress as I was not having GC but then I started thinking...Is GC is the ONLY important thing in my life?
I started concentrating on my work, constrained my self on checking now& then PDs, LUD's. If feellt depresssed - listening Indian classical music and involving in local commuitiy activities/helping kids in their studies..
Life is beautiful, GC is just part of my life and GC do not drives my life..
I am from retrogressed country, I am here for last 12 years & did not got depressed as I do not have GC. In my early years in USA, I used to get depress as I was not having GC but then I started thinking...Is GC is the ONLY important thing in my life?
I started concentrating on my work, constrained my self on checking now& then PDs, LUD's. If feellt depresssed - listening Indian classical music and involving in local commuitiy activities/helping kids in their studies..
Life is beautiful, GC is just part of my life and GC do not drives my life..
Tarang
11-17 07:03 PM
Done.
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