lost_in_migration
04-09 04:35 PM
Please check your PM
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Nil
03-05 11:51 AM
Thanks to all of you who had taken the initiative and now sharing the results. This is far more substantial than blaming individual groups for backlog creation (that was ridiculous in this forum). Not sure why we MUST shell out whatever money they demand. IV core, kindly comment.
BharatPremi
09-20 04:05 PM
No need to jump the gun. I didn't ask it at a personal level, in case you didn't understand it! Instead of nitpicking on a single statement, read the whole paragraph! I am a member of a state chapter and keep posting on the Yahoogroups, though it's been a month since anyone else posted there ( and I don't get any replies).
I'm not getting into personal level/ad hominem discussion as it's pointless. I don't need to prove anything to anybody.
I read and understood the whole paragraph with both "published" and "Hidden" messages what you wanted to convey. If you do not see much activity on your state forums, why do not you take the lead to reverse the course? That would be the right direction rather than suggesting to change the skeleton. Do you blame yourself (Since you are claiming yourself a member)for not having much activity in your state level? If not then problem lies there and that is my hint to you.
I'm not getting into personal level/ad hominem discussion as it's pointless. I don't need to prove anything to anybody.
I read and understood the whole paragraph with both "published" and "Hidden" messages what you wanted to convey. If you do not see much activity on your state forums, why do not you take the lead to reverse the course? That would be the right direction rather than suggesting to change the skeleton. Do you blame yourself (Since you are claiming yourself a member)for not having much activity in your state level? If not then problem lies there and that is my hint to you.
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irock
07-15 07:43 PM
Can you please post a link?
http://travel.state.gov/visa/frvi/bulletin/bulletin_4252.html
See under section E.
E. EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY
There have been questions raised regarding the way numbers have been provided to the China and India in the Employment Second preference categories beginning in April. Section 202(a)(5) of the Immigration and Nationality Act states that if total demand for visas in an Employment preference category is insufficient to use all available visa numbers in that category in a calendar quarter, then the unused numbers may be made available without regard to the annual per-country limit. (For example: If the second preference annual limit were 40,000, number use by �All Other Countries� were estimated to be only 25,000, and the China/India combined number use based on their per-country limits were 6,000, then there would be 9,000 numbers unused. Those 9,000 numbers could then be made available to China and India applicants without regard to their per-country limits.)
http://travel.state.gov/visa/frvi/bulletin/bulletin_4252.html
See under section E.
E. EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY
There have been questions raised regarding the way numbers have been provided to the China and India in the Employment Second preference categories beginning in April. Section 202(a)(5) of the Immigration and Nationality Act states that if total demand for visas in an Employment preference category is insufficient to use all available visa numbers in that category in a calendar quarter, then the unused numbers may be made available without regard to the annual per-country limit. (For example: If the second preference annual limit were 40,000, number use by �All Other Countries� were estimated to be only 25,000, and the China/India combined number use based on their per-country limits were 6,000, then there would be 9,000 numbers unused. Those 9,000 numbers could then be made available to China and India applicants without regard to their per-country limits.)
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srkamath
07-17 07:28 PM
I was also told that there is new law which requires that the PERM fees should be paid by the employer (around 5-6k). Most desi consultancies used to ask the employees to pony up the labor fees. wonder how this will affect the conversion process.
It is ILLEGAL for the foreign applicant to pay for the PERM fees or the I-140 fees or lawyer expenses pertaining to either steps. The Employer MUST bear all expenses for this process. If you have evidence of wrongdoing, pls report it to DOL.
We should not be supportive of such violations of law - as a group it is not in our best interests.
The foreign applicant may pay all I-485 related expenses - or a generous employer can cover those expenses too.
It is ILLEGAL for the foreign applicant to pay for the PERM fees or the I-140 fees or lawyer expenses pertaining to either steps. The Employer MUST bear all expenses for this process. If you have evidence of wrongdoing, pls report it to DOL.
We should not be supportive of such violations of law - as a group it is not in our best interests.
The foreign applicant may pay all I-485 related expenses - or a generous employer can cover those expenses too.
Sideliner
03-13 04:12 PM
EB3 (India) moved 2 months. Good news. But then?
What you expect for Eb3 guys? What may be the trend in coming months?
2002....2003....2004.....?
I dont think many labors were filed between september 2001 and Dec 2002. Due to bad market and frequent layoffs during that time. My guess is EB3 will get to 2003 soon, may be before end of this year.
What you expect for Eb3 guys? What may be the trend in coming months?
2002....2003....2004.....?
I dont think many labors were filed between september 2001 and Dec 2002. Due to bad market and frequent layoffs during that time. My guess is EB3 will get to 2003 soon, may be before end of this year.
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stuckinmuck
06-14 12:06 PM
Check with your lawyer but I believe there may be a grace period wherein they allow you to add your wife's name after 485 filing. In addition, there is a 4 year backlog in the family based green card process. 01-JUN-02 for FB-2A (India).
My pd is jan 2005 and i was waiting for the dates to become current.I am not married and will most probably get married by this year end[parents in the process of searching matches].my dilemma is whether to apply for 485 now or not.can i add my wife's name later on while the 485 is in the final stages of the process[say an year after the process began] or just before the green card is being dispatched etc so that both of us can get green cards.i dont want to miss this chance because i seriously feel that the dates might retrogress again.but if i apply and get a green card u all know how many years it will take to get wife to usa in family based immigration.somebody please clear my doubt.Thank you
My pd is jan 2005 and i was waiting for the dates to become current.I am not married and will most probably get married by this year end[parents in the process of searching matches].my dilemma is whether to apply for 485 now or not.can i add my wife's name later on while the 485 is in the final stages of the process[say an year after the process began] or just before the green card is being dispatched etc so that both of us can get green cards.i dont want to miss this chance because i seriously feel that the dates might retrogress again.but if i apply and get a green card u all know how many years it will take to get wife to usa in family based immigration.somebody please clear my doubt.Thank you
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suriajay12
04-10 08:20 PM
http://caffertyfile.blogs.cnn.com/2009/04/10/where-should-white-house-start-with-immigration-reform/
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vandanaverdia
11-14 10:13 PM
bump
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Michael chertoff
03-28 02:28 PM
Hand toasted pizza with tomotto sauce and garlic bread.
Mr. snathan, what is your PD or you already got GC.
Mr. snathan, what is your PD or you already got GC.
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Munna Bhai
09-23 07:22 AM
I guess the cat is out of the bag. Yes, I got my greencard a few weeks ago. Yes, my PD is early 2004.
There are 2 current theories why:-
1. I'm very vocal in the media and lawmakers about the problem, and something made this happen (as my co-workers say "they gave it to you to shut you up")
2. I was a lucky one that was assigned a visa number in early June (when I applied for AOS) - it was approved when my PD was not current.
I'm not going anywhere, nothing has changed with the current policy. It is still broken. If for no other reason, the bizarre circumstances around my GC highlight more unpredictability and uncertainty in the whole process. I hadn't mentioned it before since it really isn't a big deal in the big picture.
Congrats.. and good to know that inspite of getting GC you have decided to stick with non-GC holders like us...
Thanks for your great efforts.
There are 2 current theories why:-
1. I'm very vocal in the media and lawmakers about the problem, and something made this happen (as my co-workers say "they gave it to you to shut you up")
2. I was a lucky one that was assigned a visa number in early June (when I applied for AOS) - it was approved when my PD was not current.
I'm not going anywhere, nothing has changed with the current policy. It is still broken. If for no other reason, the bizarre circumstances around my GC highlight more unpredictability and uncertainty in the whole process. I hadn't mentioned it before since it really isn't a big deal in the big picture.
Congrats.. and good to know that inspite of getting GC you have decided to stick with non-GC holders like us...
Thanks for your great efforts.
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santb1975
04-30 07:04 PM
We need $$ to be able to lobby and make things happen. Please do not hesitate now
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new2H1&GC
08-04 09:29 AM
Thank you so much for the reply. As you suggested, I will try to find an attorney and get more details. In the mean time I just have a few more questions.
1.Do you know if pay stubs would be a problem to get the "transfer/new" H1B before Oct 1st? Since I wouldn't actually work with Company A, so I wouldn't have any pay stubs.
2. Actually what's difference between getting the "transfer" before Oct 1st and getting a "new" H1B before Oct 1st? Is there some procedure difference?
Company A (the company through which I got the H1B) is withholding the H1B approval notice Original until I am put on project. I went ahead with them for sponsorship because they guaranteed getting projects in my area and no "bench" time, but now after the approval came through, they don't seem as enthusiastic about placing me in local projects. In case there's a problem, I don't want to risk going through the whole "bench" period thing, that's why I am considering changing companies early itself, instead of waiting to find out for sure.
So my third question is
3. Is a COPY of H1B approval notice enough for getting a "new" H1B with company B?
Again THANK YOU for your replies, it's a BIG HELP!
I had the same question so I asked my attorney and he told me that you can "transfer" your H1B after Oct 1 and benefit from AC21, meaning that as soon as company B files an H1B petition for you and you have proof of this filing, you can start working for them.
However, I understand that you want to "transfer" before Oct 1, in which case company B has to file a new H1B petition either regular or with premium processing. This new H1B is not counted against the cap because you have already been counted against the gap in the 6 previous years.
In short, you should be able to work for company B starting Oct 1 if they file for a new H1B now and it is approved by Oct 1.
I recommend you ask an attorney for your specific case.
1.Do you know if pay stubs would be a problem to get the "transfer/new" H1B before Oct 1st? Since I wouldn't actually work with Company A, so I wouldn't have any pay stubs.
2. Actually what's difference between getting the "transfer" before Oct 1st and getting a "new" H1B before Oct 1st? Is there some procedure difference?
Company A (the company through which I got the H1B) is withholding the H1B approval notice Original until I am put on project. I went ahead with them for sponsorship because they guaranteed getting projects in my area and no "bench" time, but now after the approval came through, they don't seem as enthusiastic about placing me in local projects. In case there's a problem, I don't want to risk going through the whole "bench" period thing, that's why I am considering changing companies early itself, instead of waiting to find out for sure.
So my third question is
3. Is a COPY of H1B approval notice enough for getting a "new" H1B with company B?
Again THANK YOU for your replies, it's a BIG HELP!
I had the same question so I asked my attorney and he told me that you can "transfer" your H1B after Oct 1 and benefit from AC21, meaning that as soon as company B files an H1B petition for you and you have proof of this filing, you can start working for them.
However, I understand that you want to "transfer" before Oct 1, in which case company B has to file a new H1B petition either regular or with premium processing. This new H1B is not counted against the cap because you have already been counted against the gap in the 6 previous years.
In short, you should be able to work for company B starting Oct 1 if they file for a new H1B now and it is approved by Oct 1.
I recommend you ask an attorney for your specific case.
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gondalguru
07-01 01:38 PM
I would recommend shusterman.com -- one of their lawyers Ms Najfabadi is extremely efficient, fast. Overall this lawfirm is very influential (with uscis, dos, senate, etc) and will help you out if you get stuck somewhere in the process and will get u out of trouble by hook or crook (upto the extent the law permits).
I would strongly recommend you to talk to the attorney I mentioned.
I would strongly recommend you to talk to the attorney I mentioned.
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chanduv23
09-04 11:43 PM
We should attend. It matters a lot.. Even uneducated farmers fight for their right. Why should we not show some solidarity and let the nation hear our voice?
Your IV profile says you are not attending the rally, please update your IV profile to say YES so that core will have a head count :)
Your IV profile says you are not attending the rally, please update your IV profile to say YES so that core will have a head count :)
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eb3_nepa
06-08 11:09 PM
Just a question, why is everyone so happy that the CIR has Failed and more importantly why does everyone on here feel that if CIR is resurrected it will "haunt" us?
If CIR fails to go into "production" this year, is it not true that we have ZERO reform? I mean would it not be better to ride this wave and try and sneak our provisions into the mix rather than SIMPLY feeling happy that CIR is "dead"?
At this point (even after the PD movement), About 70% of us are still in the retrogression mess and will continue to be in that mess till SOME immigration reform passes. So the question then is: Should we not be trying and praying that CIR passes WITH our provisions (and i know how hard the core team is working and hence i am asking this question). I mean the core team has given an infinite amount of time and energy to this project. Would it not be easier to see a bill finally pass and try and get our provisions in this bill rather than killing this bill?
If CIR fails to go into "production" this year, is it not true that we have ZERO reform? I mean would it not be better to ride this wave and try and sneak our provisions into the mix rather than SIMPLY feeling happy that CIR is "dead"?
At this point (even after the PD movement), About 70% of us are still in the retrogression mess and will continue to be in that mess till SOME immigration reform passes. So the question then is: Should we not be trying and praying that CIR passes WITH our provisions (and i know how hard the core team is working and hence i am asking this question). I mean the core team has given an infinite amount of time and energy to this project. Would it not be easier to see a bill finally pass and try and get our provisions in this bill rather than killing this bill?
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pmmo
10-27 07:08 PM
I tend to agree with all the view points expressed here. I don't think we are supposed to know every immigration details (and, I guess, that is what the immigration lawyers are for), but USCIS always will reserve the right to do anything anytime. So, I think, it is better to be educated and over cautious on such matters. It is totally USCIS' fault to issue a wrong approval (if that indeed is what happened in my case-we will find out) and I hope they make amends for it by giving me an expedited EAD and AP so I can rest peacefully (and wait, I don't know, may be another 7 years to get a "real" approval).
TravInd, please let me know the attorney you used in your case, if you don't mind sharing that information. I feel like my attorney is not very responsive.
TravInd, please let me know the attorney you used in your case, if you don't mind sharing that information. I feel like my attorney is not very responsive.
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bfadlia
01-12 03:18 PM
Don't want to pick on anyone one or anything.. just case-in-point to what I posted earlier.. here we have intense legal debates, and legal opinions with people who can not distinguish between Title VII and EEO which are legislative laws and between the constitution. These laws are not part of the constitution and they include provisions for federal and local governments and their agencies to override parts of rules if they deem necessary.
Again you are plain wrong. If a non-US citizen buys house in the US then does he have the right to own the house and live as he wants? The answer is YES.
Similarly, the US Constitution protects certain rights of non-US citizens who are in the US. One of them is right to the Equal Opportunity Employment. Now if a law is passed such that it intentionally or unintentionally goes against the right of the US citizens or non-US citizens, employed in the lands of the US, to Equal Opportunity Employment then YES the US courts can rule that the law is unconstitutional and hence no longer applies.
The Key Point: Equal opportunity employement advancement is protected by Constitution ("Title VII of the Civil Rights Act of 1964 (Title VII)") and hence the Supreme Court can overturn the per country quota limitation if the Supreme Court finds that the per country quota leads to discrimination at employment, which is unconstitutional.
Unfortunately, I agree with you, this thread is going no where. It will go on for 10+ pages and then die. I have seen may be 5 such threads on immigrationvoice and .
Again you are plain wrong. If a non-US citizen buys house in the US then does he have the right to own the house and live as he wants? The answer is YES.
Similarly, the US Constitution protects certain rights of non-US citizens who are in the US. One of them is right to the Equal Opportunity Employment. Now if a law is passed such that it intentionally or unintentionally goes against the right of the US citizens or non-US citizens, employed in the lands of the US, to Equal Opportunity Employment then YES the US courts can rule that the law is unconstitutional and hence no longer applies.
The Key Point: Equal opportunity employement advancement is protected by Constitution ("Title VII of the Civil Rights Act of 1964 (Title VII)") and hence the Supreme Court can overturn the per country quota limitation if the Supreme Court finds that the per country quota leads to discrimination at employment, which is unconstitutional.
Unfortunately, I agree with you, this thread is going no where. It will go on for 10+ pages and then die. I have seen may be 5 such threads on immigrationvoice and .
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H4_losing_hope
02-12 06:44 PM
please could you top mine off when you have chance so I still feel like I am competing with these long distance runners hehe. Thanks :)
dixie
03-20 04:10 PM
I see that there is a lack of understanding about what "special" labor cert means.In the context of univ profs it means that the university is allowed to justify hiring an alien based on the fact that he was the BEST qualified candidate for the postion - that is, the univ is allowed to reject other minimally qualified applicants. This is currently not the case for other junta in either EB-2 or EB-3 .. if ANY minimally qualified american citizen / PR is found, the labor cert is denied.
If this is extended to EB2 / people with advanced STEM degrees as Frist Bill proposes, the labor cert will become quicker and painless for these folks (not to mention the immigration attorneys and the employers).
If this is extended to EB2 / people with advanced STEM degrees as Frist Bill proposes, the labor cert will become quicker and painless for these folks (not to mention the immigration attorneys and the employers).
nixstor
06-23 02:26 PM
History
Rep Lamar Smith from Texas is the Ranking Member of the House Judiciary Committee and is a key member. His support will further strengthen the bipartisan support the bills currently has. He championed high skilled immigration bills in the past and we need to get his support on the bills that are before the Judiciary Committee now
Number to call
202-225-4236 8:30am - 6:00pm EST, Monday - Friday
Note the 6 PM EST which is 5 PM CST.
Message
I would like to talk to some one who handles Judiciary Committee issues or Immigration bills. If you get transferred to a person or a VM
Rep Smith has been a champion of high skilled immigration bills and I request Rep Smith to support similar bills such as HR5882, HR6039 and HR5921 that are currently before the House Judiciary committee. These bills have good bipartisan support and will increase American Competitiveness. I request Rep Smith to support these bills and increase the bi partisan support.
DO NOT get into illegal immigration discussion as that undercuts our message.
If asked whether you are from Rep Smith's district tell him/her that you are not from his district if you are not. Tell them that you called your rep and calling Rep Smith's office because Rep Smith is the Ranking member of the House Judiciary Committee and a champion of High skilled immigration.
Rep Lamar Smith from Texas is the Ranking Member of the House Judiciary Committee and is a key member. His support will further strengthen the bipartisan support the bills currently has. He championed high skilled immigration bills in the past and we need to get his support on the bills that are before the Judiciary Committee now
Number to call
202-225-4236 8:30am - 6:00pm EST, Monday - Friday
Note the 6 PM EST which is 5 PM CST.
Message
I would like to talk to some one who handles Judiciary Committee issues or Immigration bills. If you get transferred to a person or a VM
Rep Smith has been a champion of high skilled immigration bills and I request Rep Smith to support similar bills such as HR5882, HR6039 and HR5921 that are currently before the House Judiciary committee. These bills have good bipartisan support and will increase American Competitiveness. I request Rep Smith to support these bills and increase the bi partisan support.
DO NOT get into illegal immigration discussion as that undercuts our message.
If asked whether you are from Rep Smith's district tell him/her that you are not from his district if you are not. Tell them that you called your rep and calling Rep Smith's office because Rep Smith is the Ranking member of the House Judiciary Committee and a champion of High skilled immigration.
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