chmur
07-27 06:09 PM
otherwise society would have have no use for lawyers....who make a living making interpretation of the existing laws.
Anyway, the current discussion is not even about the law but about the different interpretations of the same law . The Visa Bulletin extract also provided yet another interpretation by the same authority.
The Law/Directions from the congress regarding spill over distribution has not changed in over 5 years but it's interpretation and implementation by DOS has changed drastically in the same period.
They have gone "Vertical" to "Horizontal" and probably will somersault next .
2006 -2007 saw EB3 getting lion share of the spill over EB2. It is being reversed now, all without change in any laws/directions from congress.
This year's interpretation cannot be assumed as absolute just because it is favorable to a particular segment of applicants and it is incorrect to opine that any change in such interpretation requires change in law.
All this indicates that congress has given enough leeway to DOS to interpret it's directions , as DOS sees fit to run it's business.
and I think herein lies an oppurtunity for EB3 applicants to state their case and explain if DOS continues with it's current interpretation.
EB3 lobby has to impress upon the DOS that it is in DOS's intrest to not to starve any particular queue lest it will damage it's own throughput.
If convinced , DOS might look at alternative algorithm to mitigate starving within the current directions, atleast we can hope for that.
Now what that mitigation strategy will be within the current laws is known only to DOS. Which algorithm requires law changes... which do not none of us know yet ...everything alternative suggested is speculation based on contradicting interpretations provided by DOS over the years.
Anyway, the current discussion is not even about the law but about the different interpretations of the same law . The Visa Bulletin extract also provided yet another interpretation by the same authority.
The Law/Directions from the congress regarding spill over distribution has not changed in over 5 years but it's interpretation and implementation by DOS has changed drastically in the same period.
They have gone "Vertical" to "Horizontal" and probably will somersault next .
2006 -2007 saw EB3 getting lion share of the spill over EB2. It is being reversed now, all without change in any laws/directions from congress.
This year's interpretation cannot be assumed as absolute just because it is favorable to a particular segment of applicants and it is incorrect to opine that any change in such interpretation requires change in law.
All this indicates that congress has given enough leeway to DOS to interpret it's directions , as DOS sees fit to run it's business.
and I think herein lies an oppurtunity for EB3 applicants to state their case and explain if DOS continues with it's current interpretation.
EB3 lobby has to impress upon the DOS that it is in DOS's intrest to not to starve any particular queue lest it will damage it's own throughput.
If convinced , DOS might look at alternative algorithm to mitigate starving within the current directions, atleast we can hope for that.
Now what that mitigation strategy will be within the current laws is known only to DOS. Which algorithm requires law changes... which do not none of us know yet ...everything alternative suggested is speculation based on contradicting interpretations provided by DOS over the years.
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gkattalu
08-20 12:53 PM
Buddyinsd,
Please hang in there. I am sure you will get yours card soon...
For various reasons, I got my greencard 14 years after entering this country and 14years after getting my Ph.D. Life throws up challenges and we have to face them with courage.
Ha ha Congrats....
Story of my life. I complain about delay with my application. Someone joins me and tells me they are in the same boat and the very next day that someone leaves the boat and jumps into "greener" pastures. Everyone is leaving the boat and I seem to be left out :(
Who else are in my boat? (Application with an officer for over 2 weeks and still status = "Initial Review")
Please hang in there. I am sure you will get yours card soon...
For various reasons, I got my greencard 14 years after entering this country and 14years after getting my Ph.D. Life throws up challenges and we have to face them with courage.
Ha ha Congrats....
Story of my life. I complain about delay with my application. Someone joins me and tells me they are in the same boat and the very next day that someone leaves the boat and jumps into "greener" pastures. Everyone is leaving the boat and I seem to be left out :(
Who else are in my boat? (Application with an officer for over 2 weeks and still status = "Initial Review")
walking_dude
06-25 09:30 PM
While we keep hearing the rhetoric about "H1B-only ads" by anti-immigrant groups, there is absolutely no news about thousands of "US Citizens only" or "US citizen or GC onl"y ads that we see every day.
While I understand there is a genuine case of 'Citizens Only' when it comes to jobs that involve national security, 98% of the job ads have nothing to do with national security and or government clearance. Most of these are clear and simple violations of Equal Employment Opportunity law, and hence illegal.
Since no one seems to be interested in reporting on this pervasive violation of law and illegal behavior, I have decided to start this thread to report on this highly-prevalent form of discrimination. I invite other members to post similar Job-ad E-mails on this thread (or open other threads) to highlight this issue. This will enable us to post the links whenever someone brings-up the issue of H1b-only Ads next trime. It might also enable members to report to EEOC in large numbers and/or shame the recruiters/employers from posting such blatantly discriminatory job ads.
------------------------------------------------------------------------------
Hi:
Greetings for the Day!
This is Ruby from Charter Global Inc. Our client is looking for a "Java/ J2ee Developer" in Warren NJ. This could be a great opportunity for you and all you need is to reply to this message to indicate your interest, availability, legal status and salary requirements with your updated resume to present to our client.
Rate: $42/ hr during the contract
Job Title: Java/ J2ee Developer
Location: Warren NJ
Duration: 6 Months Contract with possible extension
Client for this position is looking for Only US Citizens
Strong J2EE, Java, Struts, Oracle resumes right away
Plus: Spring and Hibernate
Regards
Ruby Roy
Technical Recruiter
Charter Global, Inc.
Toll Free: (866) 570-1818 X 337
Fax: 404-745-8755
E-mail: Ruby@charterglobal.com
URL: Welcome to Charter Global Inc. (http://www.charterglobal.com)
-----------------------------------------------------
While I understand there is a genuine case of 'Citizens Only' when it comes to jobs that involve national security, 98% of the job ads have nothing to do with national security and or government clearance. Most of these are clear and simple violations of Equal Employment Opportunity law, and hence illegal.
Since no one seems to be interested in reporting on this pervasive violation of law and illegal behavior, I have decided to start this thread to report on this highly-prevalent form of discrimination. I invite other members to post similar Job-ad E-mails on this thread (or open other threads) to highlight this issue. This will enable us to post the links whenever someone brings-up the issue of H1b-only Ads next trime. It might also enable members to report to EEOC in large numbers and/or shame the recruiters/employers from posting such blatantly discriminatory job ads.
------------------------------------------------------------------------------
Hi:
Greetings for the Day!
This is Ruby from Charter Global Inc. Our client is looking for a "Java/ J2ee Developer" in Warren NJ. This could be a great opportunity for you and all you need is to reply to this message to indicate your interest, availability, legal status and salary requirements with your updated resume to present to our client.
Rate: $42/ hr during the contract
Job Title: Java/ J2ee Developer
Location: Warren NJ
Duration: 6 Months Contract with possible extension
Client for this position is looking for Only US Citizens
Strong J2EE, Java, Struts, Oracle resumes right away
Plus: Spring and Hibernate
Regards
Ruby Roy
Technical Recruiter
Charter Global, Inc.
Toll Free: (866) 570-1818 X 337
Fax: 404-745-8755
E-mail: Ruby@charterglobal.com
URL: Welcome to Charter Global Inc. (http://www.charterglobal.com)
-----------------------------------------------------
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my2cents
04-30 05:08 PM
Look Here
--------------------------------------------------------------------------------
look here at
http://www.uscis.gov/portal/site/usc...0045f3d6a1RCRD
"Though we still have challenges to overcome, USCIS is currently showing improvements as a result of process improvements. As of April 25, 2008, USCIS had adjudicated over 65 percent of its FY 2008 target for employment-based visas. With five months to go in FY 2008, this is a strong start. We plan to continue implementing process improvements and new reporting mechanisms for managing these important applications. "
It means they have used 90K Visa out of 140-150K ..it means 50K visa left for next 5 month..not sure how much visa dates wlll be moved.
--------------------------------------------------------------------------------
look here at
http://www.uscis.gov/portal/site/usc...0045f3d6a1RCRD
"Though we still have challenges to overcome, USCIS is currently showing improvements as a result of process improvements. As of April 25, 2008, USCIS had adjudicated over 65 percent of its FY 2008 target for employment-based visas. With five months to go in FY 2008, this is a strong start. We plan to continue implementing process improvements and new reporting mechanisms for managing these important applications. "
It means they have used 90K Visa out of 140-150K ..it means 50K visa left for next 5 month..not sure how much visa dates wlll be moved.
more...
msr999
08-18 06:00 AM
I got following emails:
8/14 - Card Production Ordered
8/15 at 9:15 AM - Notice mailed welcoming the new permanent resident
8/15 at 5 PM - Card Production Ordered
Looks like their system is not perfect
8/14 - Card Production Ordered
8/15 at 9:15 AM - Notice mailed welcoming the new permanent resident
8/15 at 5 PM - Card Production Ordered
Looks like their system is not perfect
lasvegas
02-06 10:03 AM
Another thread where this issue is discussed
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=1474093861&m=9981039551&r=1551088951#1551088951
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=1474093861&m=9981039551&r=1551088951#1551088951
more...
ub27
07-24 08:56 AM
Paper filed at TSC on May 22, 2008
Service center: TSC
Last LUD on May 29
No updates since.
Currently working on EAD and exires in Sept 2008
----------------
Just called the service center and reply I got back was weird. Apparently their case status viewing system is down and will not be up and running for another 1 week. So, no info as of now and call back in 1 week :(
Service center: TSC
Last LUD on May 29
No updates since.
Currently working on EAD and exires in Sept 2008
----------------
Just called the service center and reply I got back was weird. Apparently their case status viewing system is down and will not be up and running for another 1 week. So, no info as of now and call back in 1 week :(
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desi_scorpion
08-02 10:32 AM
Thanks for activile asking the right questions (where the 140 was approved - nsc or tsc) on trakiitt. Thx
more...
bslraju
05-23 11:48 AM
thanks
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makemygc
08-01 08:44 PM
Up until July 29, 2007 (incl.) when sorting of files was going on, NSC did a load sharing of files with TSC. (and btw they did not look at where ones' I-140 is adjudicated when making the selection, it was random. I know several such cases)
This in my opinion is a very good way of making sure adjudicating resources are kept in balance at both centers.
Like somone quiet rightly pointed out it is akin to the old Labor Certification process where some states were way faster than others (less demand faster process).
In the direct filing which started July 30, 2007 the load sharing has a great possibilty of being tilted one way or the other (though maybe not as much as old LC's). They have made a geographical distribution and not one that factors # of applications traditionally received from states.
On the other hand, may be USCIS has figured that the particular geographical jurisdiction produces the right load sharing between NSC and TSC!
CA and NY were the two states which were always backlogged during those bad old days of labor processing. Now, CA application goes to TSC and NY goes to NSC and that might keep both the centers balanced going forward.
But I think rather than dividing based on the states, they should rather do a load balancing based on the request coming..just like our network works :)
Load balancing can be simply based on the round robin fashion..one goes to TSC other goes to NSC and so on.
How difficult is to build that kind of system and to keep it balanced and fair for all.
This in my opinion is a very good way of making sure adjudicating resources are kept in balance at both centers.
Like somone quiet rightly pointed out it is akin to the old Labor Certification process where some states were way faster than others (less demand faster process).
In the direct filing which started July 30, 2007 the load sharing has a great possibilty of being tilted one way or the other (though maybe not as much as old LC's). They have made a geographical distribution and not one that factors # of applications traditionally received from states.
On the other hand, may be USCIS has figured that the particular geographical jurisdiction produces the right load sharing between NSC and TSC!
CA and NY were the two states which were always backlogged during those bad old days of labor processing. Now, CA application goes to TSC and NY goes to NSC and that might keep both the centers balanced going forward.
But I think rather than dividing based on the states, they should rather do a load balancing based on the request coming..just like our network works :)
Load balancing can be simply based on the round robin fashion..one goes to TSC other goes to NSC and so on.
How difficult is to build that kind of system and to keep it balanced and fair for all.
more...
lasvegas
02-05 12:56 PM
Thanks Lasantha.
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Edison99
02-01 02:10 PM
asdcrajnet, very sorry to hear but good luck with your new efforts and live peacefully!!!
Finally we have decided to go back to India for good. I filed my EB3 in May 2003. Its going to be another 4 years to get the green card. When I went to India for vacation last December, we liked it over there & the economy is booming. There are all sorts of discussion regarding the Economic Gap/Politics/Corruption/Cleanliness. But we like it over there. Finally I will have an option to do something interesting. In US I was very much dependent on my monthly pay check and afraid to take even the slightest risk. I am also scared to use the AC21(Hey, thats the way I am). I am working with the same company for last 10 years, kinda stagnant in the last 4 years. In India, there are lots of choices, either to work for a sw company or start some business on my own. I think I will take the business route.
May be I can go there, earn well, send my son to US for college, do green card through him & come retire in US!!!
Good Luck to everybody!!
Finally we have decided to go back to India for good. I filed my EB3 in May 2003. Its going to be another 4 years to get the green card. When I went to India for vacation last December, we liked it over there & the economy is booming. There are all sorts of discussion regarding the Economic Gap/Politics/Corruption/Cleanliness. But we like it over there. Finally I will have an option to do something interesting. In US I was very much dependent on my monthly pay check and afraid to take even the slightest risk. I am also scared to use the AC21(Hey, thats the way I am). I am working with the same company for last 10 years, kinda stagnant in the last 4 years. In India, there are lots of choices, either to work for a sw company or start some business on my own. I think I will take the business route.
May be I can go there, earn well, send my son to US for college, do green card through him & come retire in US!!!
Good Luck to everybody!!
more...
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gcnirvana
06-26 02:47 PM
My employer says EVL is not required for 485 filing. How do I make him understand that it is required? Any links from USCIS website or any authentic info will be helpful. I searched and couldn't find it!! TIA
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gsc999
07-06 04:19 PM
I had sent an e-mail to the Chinese web site that posted this earlier. Didn't receive a response.
Thanks for posting, I will be there to represent IV.
Thanks for posting, I will be there to represent IV.
more...
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coolngood4u80
02-25 09:31 PM
thanks indigokiwi. The deadline is end of March, but we would like a large amount of this raised much earlier, since it involves making reservations, booking appointments, for Eg. with the lobbyist.
We need to raise about $1000 everyday to meet the goal.
Adding this to post #236
Admins, some anti is going around giving reds to each post of volunteers and donors from 3 days.
could be Plainspeak
We need to raise about $1000 everyday to meet the goal.
Adding this to post #236
Admins, some anti is going around giving reds to each post of volunteers and donors from 3 days.
could be Plainspeak
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rustum
08-29 12:01 PM
Hi,
My 140 is filed at NSC. RD is on 05/25/2007. 485 is reached NSC on July 27. Filed from Texas. What are the chances of getting transferred to TSC. Need EAD for wife as soon as possible.
My 140 is filed at NSC. RD is on 05/25/2007. 485 is reached NSC on July 27. Filed from Texas. What are the chances of getting transferred to TSC. Need EAD for wife as soon as possible.
more...
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Zeb
07-25 08:33 AM
While landing which car shud we take?
Own or rental?
Its better to use rental car, as i did landing on june30, 2008 and the canadian customs asked me to either transfer the car or take it back to USA.
Own or rental?
Its better to use rental car, as i did landing on june30, 2008 and the canadian customs asked me to either transfer the car or take it back to USA.
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desi3933
06-22 07:53 PM
Get on with sweet talks with him, do whatever he tells u to do (like sign a contract, pay ur GC cost etc). After filing u have an option to change the employer after 6 months and then no employment bond works. He will just ask for money when ur leaving him and if he doesnt give ur salary, talk to him polietly and mention the words 'Dept of Labor' in your conversation.
BTW, I got my wife salary from her employer and one of my friend was also 'bonded' ..got rid of his employer too ...using those words.
My employer is desi consultant too and is very good in such matters, quite helpful. I would recommend him to anyone. Most desi consultants are blood suckers but not all.
Good luck.
The so called Bond is actually "Employment Agreement" and it very well could be valid. Please check some cases in PA State for such Employment Cases and you may be surprised. This is not to suggest that every agreement is valid. Depends on the agreement wordings and the State Law.
Just trying to bring the other side of the coin.
These employers are doing wrong. They should help in filing I-485 for their employees. Greed has no end. Thanks God, I didn't work for such employer. I worked as hourly employee and still they paid for all GC expenses (including EAD for my spouse). My employer was non-desi and I don't know if that matters or not.
I think Negotiation is the key word here. If they know that you will leave now, they WILL try to cut a deal. All matters who is going to blink first.
Good Luck to everyone and keep your hopes high.
This is NOT a legal advice.
-------------------------------------
Permanent Resident since May 2002
BTW, I got my wife salary from her employer and one of my friend was also 'bonded' ..got rid of his employer too ...using those words.
My employer is desi consultant too and is very good in such matters, quite helpful. I would recommend him to anyone. Most desi consultants are blood suckers but not all.
Good luck.
The so called Bond is actually "Employment Agreement" and it very well could be valid. Please check some cases in PA State for such Employment Cases and you may be surprised. This is not to suggest that every agreement is valid. Depends on the agreement wordings and the State Law.
Just trying to bring the other side of the coin.
These employers are doing wrong. They should help in filing I-485 for their employees. Greed has no end. Thanks God, I didn't work for such employer. I worked as hourly employee and still they paid for all GC expenses (including EAD for my spouse). My employer was non-desi and I don't know if that matters or not.
I think Negotiation is the key word here. If they know that you will leave now, they WILL try to cut a deal. All matters who is going to blink first.
Good Luck to everyone and keep your hopes high.
This is NOT a legal advice.
-------------------------------------
Permanent Resident since May 2002
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hello
02-03 02:13 PM
Contributed $100.
laborchic
07-06 05:02 PM
IV core cannot "officially" endorse this... We are on our own.
As for sending flowers to Chertoff or Rice - It is good but let us stick with one person for now (Emilio). Unless you are willing to send to all three :). It will seem like there is more unity amongst us if we send more "number" of flowers.
Alright .. I will send it to Emilio then... Lets stick together in this.. :p
As for sending flowers to Chertoff or Rice - It is good but let us stick with one person for now (Emilio). Unless you are willing to send to all three :). It will seem like there is more unity amongst us if we send more "number" of flowers.
Alright .. I will send it to Emilio then... Lets stick together in this.. :p
ThinkTwice
07-11 04:43 PM
I have mailed you the information.
Hi Friends, I came to know about this protest and would like to pass on the information about the protest to Indian Student Assocaition [strength over 600 active members] at San Jose state University and possible Santa Clara University. I am sure my fellow students will be proud to contribute to the indian community. So, Kindly let me know more details ASAP becuase its already wednesday. My email is sampathg4@yahoo.com.
- Sampath Gadamsetty
Hi Friends, I came to know about this protest and would like to pass on the information about the protest to Indian Student Assocaition [strength over 600 active members] at San Jose state University and possible Santa Clara University. I am sure my fellow students will be proud to contribute to the indian community. So, Kindly let me know more details ASAP becuase its already wednesday. My email is sampathg4@yahoo.com.
- Sampath Gadamsetty
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