senthil1
10-25 06:12 PM
If skill bill is passed in the same form as it is Americans will be alarmed seeing the inflow based on exemption of US based Master degree and STEM. Not only to Americans it is threat for current H1s and green card holders as well. The problem is those who have money in India can get admission in USA MS degree in any non standard college(I do not think INS can evaluate whether it is standard or not). So atleast 4 times of current MS students will come and they will get h1(I think Ms people has exemption in quota) thro Desi consultants by paying Money and get green card immeditely. This will defeat the purpose of skill bill itself. And also India so many people are doing MSC they can get gc easily here(As we know Indians or anyone will use loopholes to come here and get gc). If immigration is increased so much then it will impact all kinds of exsisting people. I think there should be control in number of h1s and also green cards. I am clear that both H1 and green card numbers should be increased but blanket exemption should not be given any category especially for H1. There were a situation on 2000 and 2001 lot of people returned India because of too much supply and Americans were angry with immigrants at that time especially H1 because they were laid off.
So basically increase of immigration should be based on supply and demand . The purpose of Labour certification is to verify whether any american is rejected for that job. But that is now just formal and real test is not done(it is not possible to do it. If they do it it will take years to clear). I think if they double number of gcs the retrogession issue will be resolved for atleast another 5 years
So basically increase of immigration should be based on supply and demand . The purpose of Labour certification is to verify whether any american is rejected for that job. But that is now just formal and real test is not done(it is not possible to do it. If they do it it will take years to clear). I think if they double number of gcs the retrogession issue will be resolved for atleast another 5 years
wallpaper of “Black Ops Mythbusters”
guchi472000
04-24 10:24 AM
Pls check the link below.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=2cac37668c779110VgnVCM1000004718190aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=2cac37668c779110VgnVCM1000004718190aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD
Ramba
07-11 11:39 PM
@Ramba:
Nice assumptions...but we need evidence. Do any USCIS documents say they would need proof of a *running* income? (After all, you don't have paystubs for a future job in same/similar occupation.) Since GC is for *future* job, why can't self-employment in same/similar occupation, under AC21 and with *projected* revenues, be enough? Do they ask for paystubs and proof of long-term commitments/contracts in EVL-RFE?
Pls note that with current recession/depression, the "prevailing wages" for same/similar occupations have gone down--drastically in some cases (esp. IT). Also, you could open/register your LLC (by spending $400) for your self-employment to sound more "legitimate"--but that's certainly not a requirement.
Your argument is so nice. If you get a nice, immigrant friendly, kind hearted adjudicator for your 485 application, he may just approve even if you show the self employment will be in future (for future job requirement for GC), and he may agree for your "projected income". I think you have not read recent horror stories in H1B. They are just like that denying majority of H1B. If the petitioner does not provide commitment/contract from end client for the entire duration of H1B period, H1B approval impossible. H1B is a temporay job; just think how much they will scrutinize for GC. Those golden period are long gone. This is enforcement period as US unemployment rate is in double digit.
AC21 memo is a non-binding memo. Tommorow they may release another memo or regulation that repeal the self employment in AC21 cases.
Nice assumptions...but we need evidence. Do any USCIS documents say they would need proof of a *running* income? (After all, you don't have paystubs for a future job in same/similar occupation.) Since GC is for *future* job, why can't self-employment in same/similar occupation, under AC21 and with *projected* revenues, be enough? Do they ask for paystubs and proof of long-term commitments/contracts in EVL-RFE?
Pls note that with current recession/depression, the "prevailing wages" for same/similar occupations have gone down--drastically in some cases (esp. IT). Also, you could open/register your LLC (by spending $400) for your self-employment to sound more "legitimate"--but that's certainly not a requirement.
Your argument is so nice. If you get a nice, immigrant friendly, kind hearted adjudicator for your 485 application, he may just approve even if you show the self employment will be in future (for future job requirement for GC), and he may agree for your "projected income". I think you have not read recent horror stories in H1B. They are just like that denying majority of H1B. If the petitioner does not provide commitment/contract from end client for the entire duration of H1B period, H1B approval impossible. H1B is a temporay job; just think how much they will scrutinize for GC. Those golden period are long gone. This is enforcement period as US unemployment rate is in double digit.
AC21 memo is a non-binding memo. Tommorow they may release another memo or regulation that repeal the self employment in AC21 cases.
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wantgc23
09-09 08:27 PM
Fcuk!
Just when I thought about quitting Drinking... Oh Well... back to the booze...
:) understand the feelin
Just when I thought about quitting Drinking... Oh Well... back to the booze...
:) understand the feelin
more...
santhi_krishna
08-13 04:57 PM
I got my I485 receipt notice today. Our applications are delivered on July 2nd.
Receipt Date: 07/02/07
Notice Date: 08/06/07
Receipt Date: 07/02/07
Notice Date: 08/06/07
desi3933
06-26 02:01 PM
EEO does not protect immigration status based discrimination. However Immigration Reform and Control Act of 1986 does protect against discrimination based on immigration status.
https://www.oig.lsc.gov/legis/irca86.htm
SEC. 102. UNFAIR IMMIGRATION-RELATED EMPLOYMENT PRACTICES.
Could you please show us, where in the link you provided, H-1B applicant needs to treated equally for job hiring as compared to GC and EAD workers.
EOE deals with equality (i.e. equal opportunities) for hiring, job promotion, and firing.
IRC Act 1985 deals with unlawful employment of aliens, unfair immigration-related employment practices, and fraud & misuse of certain immigration-related documents.
Two different things.
However, once H-1B applicant is hired, he/she is protected just like any other worker, for job promotions, training, and other work conditions. But employer is under no obligation to extend H-1B beyond any initial H-1B petition date. And, yes, H-1B can also be fired at will*, just like any other worker.
_________________________
Not a legal advice
US citizen of Indian origin
https://www.oig.lsc.gov/legis/irca86.htm
SEC. 102. UNFAIR IMMIGRATION-RELATED EMPLOYMENT PRACTICES.
Could you please show us, where in the link you provided, H-1B applicant needs to treated equally for job hiring as compared to GC and EAD workers.
EOE deals with equality (i.e. equal opportunities) for hiring, job promotion, and firing.
IRC Act 1985 deals with unlawful employment of aliens, unfair immigration-related employment practices, and fraud & misuse of certain immigration-related documents.
Two different things.
However, once H-1B applicant is hired, he/she is protected just like any other worker, for job promotions, training, and other work conditions. But employer is under no obligation to extend H-1B beyond any initial H-1B petition date. And, yes, H-1B can also be fired at will*, just like any other worker.
_________________________
Not a legal advice
US citizen of Indian origin
more...
arunmohan
09-10 01:31 AM
There is nothing change in the next bulletin. What you saw from the last couple of bulletins "Unavailable". That should be happened with in few months. This is my opinion. I am not blaming any body. This is the real situation going on from the last couple of years bulletins.[/QUOTE]
If we just keep watching the visa bulletin every month, there would be no change. We will see November 2001 in next couple of months after that it will become "U" again. We got to do something and we need guidance and direction from IV.
If we just keep watching the visa bulletin every month, there would be no change. We will see November 2001 in next couple of months after that it will become "U" again. We got to do something and we need guidance and direction from IV.
2010 Call of Duty: Black Ops
SGP
11-17 03:39 PM
Done
more...
keshtwo
08-13 08:21 PM
Here is my update:
EB2 - India
PD - Sep/2006
I 140 approved - Dec 2006
I 485 Date received July 2nd 2007
RD - checks were cashed (date - July 30, 2007)
FP - Got a mail from USCIS regarding finger printing (scheduled - August 29,2007)
So far no receipt by mail, application is at Nebraska.
Yo man, you are one lucky dude! Nebraska hasn't issued many fp mails to July filers.
EB2 - India
PD - Sep/2006
I 140 approved - Dec 2006
I 485 Date received July 2nd 2007
RD - checks were cashed (date - July 30, 2007)
FP - Got a mail from USCIS regarding finger printing (scheduled - August 29,2007)
So far no receipt by mail, application is at Nebraska.
Yo man, you are one lucky dude! Nebraska hasn't issued many fp mails to July filers.
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apahilaj
08-08 03:40 PM
I am in the same boat. I got Notice welcoming new PR email on 8/5 and nothing after that.
Man Parag, I remember you and me were struggling together for our biometrics appointment and now, here we are again struggling to get a damn approval email..:)
Anyways, good luck to all of us here - waiting game never ends!
Man Parag, I remember you and me were struggling together for our biometrics appointment and now, here we are again struggling to get a damn approval email..:)
Anyways, good luck to all of us here - waiting game never ends!
more...
crzyBanker
11-17 09:08 PM
Done
hot Dubbed CoD: Black Ops,
pamposh
09-17 03:00 PM
Pamposh - Point is not we getting money, idea is getting it back from USCIS. Whoever paid it, USCIS got it. Moreover, money is not the only issue. There are quite a few as we listed before.
Completely agreed. It is not about money, that is just a small portion of the whole issue and it does not matter who paid it. Infact even if the employer is paying for our application he/she is not paying it for free, they pay coz we work for them so logically it could be considered our money...that is what we need to emphasize on.
Its ideal, we dont waste our energy on these.
I don't think we are wasting energy/time by identifying gaps and answering questions to folks who want to know more about what exactly are we talking about here. Moving on and gaining more and more support etc., all these things need to be done in parallel.
Completely agreed. It is not about money, that is just a small portion of the whole issue and it does not matter who paid it. Infact even if the employer is paying for our application he/she is not paying it for free, they pay coz we work for them so logically it could be considered our money...that is what we need to emphasize on.
Its ideal, we dont waste our energy on these.
I don't think we are wasting energy/time by identifying gaps and answering questions to folks who want to know more about what exactly are we talking about here. Moving on and gaining more and more support etc., all these things need to be done in parallel.
more...
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vkrishn
08-20 03:17 PM
You might be right. Check the response senator got from USCIS on Aug 6th. I was later approved on Aug 16th.
-------------------------------
In reviewing the August Visa Bulletin, it does appear that visas will be available after August 1st for these employment-based adjustment cases. In reviewing the electronic records, it does appear that the contractor has placed these cases in a location where they will be pulled and sent to an officer. We are unable to request the files be moved to an Adjudications Officer because our Records Division is running an electronic sweep to pull the files with available visas. Files will be pulled through this sweep and sent to an Officer. We are generally processing about 4000 employment-based cases a month and the cases with available visas are being pulled through these sweeps.
-----------------------
I asked the same question at Infopass (San jose) and with 2nd level Rep (NCSC). Did not get a clear answer. I guess it all depends on Infopass location.
-------------------------------
In reviewing the August Visa Bulletin, it does appear that visas will be available after August 1st for these employment-based adjustment cases. In reviewing the electronic records, it does appear that the contractor has placed these cases in a location where they will be pulled and sent to an officer. We are unable to request the files be moved to an Adjudications Officer because our Records Division is running an electronic sweep to pull the files with available visas. Files will be pulled through this sweep and sent to an Officer. We are generally processing about 4000 employment-based cases a month and the cases with available visas are being pulled through these sweeps.
-----------------------
I asked the same question at Infopass (San jose) and with 2nd level Rep (NCSC). Did not get a clear answer. I guess it all depends on Infopass location.
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kiran24
04-21 02:40 PM
Mehul,
Just wanted to how you are doing now? I will pray to God for you and your family.
Just wanted to how you are doing now? I will pray to God for you and your family.
more...
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RandyK
11-21 02:45 PM
Mehul,
I don't know what to say, I have been thinking all day about what you may be going through.
Then I thought of what I would do if I were in your situation... I thought of people like Lance Amstrong and many others who have battled hard and have proven doctors wrong.
Like many here suggested, get a 2nd or 3rd opinion.
I hope and pray that you will find that inner determination to fight back.
We are all behind you!
I don't know what to say, I have been thinking all day about what you may be going through.
Then I thought of what I would do if I were in your situation... I thought of people like Lance Amstrong and many others who have battled hard and have proven doctors wrong.
Like many here suggested, get a 2nd or 3rd opinion.
I hope and pray that you will find that inner determination to fight back.
We are all behind you!
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gjoe
10-08 06:46 PM
Though I don't agree with you on all that you said about the goverment and what I know about it, your approach was right in replying. I wish all the senior members had these qualities.
Coming back to horse and donkeys, you didn't read my post properly. The essence of the story was to convey everyone of the members can't do everything you ask them to do. A leader ( if you are in a managment postion making decision you will understand better what I am saying here) should know how to make best out of the group he has.
I would also thank whomever who brought my star color back to green :) after sometime in the red zone.
Again, you have this approach of "This should be done, that should be done" or "What is wrong with this...why not work like this to avoid waste and be more efficient etc etc".
I believe that you work for the Government. But I dont think you have talked to the government ever about fixing any of the issues. Big difference.
All the big brilliant ideas that we come up with, in our heads, are pretty much meaningless to administration and congress and they wont do it unless they have other reasons to do it.
You are like a person saying "What's wrong with doing assignment of visa numbers and then approving based FIFO..bla bla bla". Its like saying "What's wrong with passing electric current thru a tungsten filament in a glass ball of vaccum to create light". That is DIFFERENT from commercial production of electric bulb. That bridge - between and idea and its production - takes a lot of initiative and faces a lot of roadblocks.
I will give you an example, and since you work for Government, I believe you will understand this easily.
I was in a recent meeting with administration officials along with our lobbyist and 4 other IV members. One of the issues, that is purely and administrative issue and doesnt need congressional act is In country visa revalidation. Prior to 2002, St. Louis had an office where you can mail your passport for restamping after H1 extensions and dont have to travel out of country. We asked them why that cant be restarted.(just like your style of why this cant be done and why that cant be done, its so simple and makes so much sense...bla bla bla). You know what their reply was..."We dont have a problem in doing that, and the issue is not security. Its just that if we reject someone, that someone is already in USA and would drag the rejection thru an immigration lawyer, file motions for re-appeal and re-consideration, and take us to court...and we have to fight that and spend money from DHS coffers to do that. If we reject someone's visa stamp in Mumbai consulate, we dont have to worry about it as that someone cannot take us to court and its cheaper for us".
Now, WHO would have thought about that? You see what I am saying. Here we are, speculating that they stopped visa restamping in USA (St. Louis) because of security reasons. And the real reason is - An attempt by DHS to save money on litigation it would face from rejections. Could you have known or imagined that? And who would have found the answer from IV forums. If I had posted that question here on forums, would I ever know that? No. It takes effort just to know the answers to questions. And then it takes some more effort to suggest more solutions and answers to their concerns. And then some more effort to get it done once they agree.
Its very easy to sit in your cubicle and spin brilliant ideas out of your head and say "Why cant that happen?" and "Why cant this be done like that and like that?".
And all your ideas are brilliant and they all have answers too. But sitting on IV forums and posting brilliant ideas isnt worth a bucket of warm spit if you are not willing to go out, travel and talk to people in authority and run your ideas and requests with them.
And yes, talking about donkeys and horses, the problem isnt that I am expecting wrong things from the wrong animals. The problem is that donkeys expect to be treated like horses not because they can run fast like horses but because they think they can run as fast as horses.
Coming back to horse and donkeys, you didn't read my post properly. The essence of the story was to convey everyone of the members can't do everything you ask them to do. A leader ( if you are in a managment postion making decision you will understand better what I am saying here) should know how to make best out of the group he has.
I would also thank whomever who brought my star color back to green :) after sometime in the red zone.
Again, you have this approach of "This should be done, that should be done" or "What is wrong with this...why not work like this to avoid waste and be more efficient etc etc".
I believe that you work for the Government. But I dont think you have talked to the government ever about fixing any of the issues. Big difference.
All the big brilliant ideas that we come up with, in our heads, are pretty much meaningless to administration and congress and they wont do it unless they have other reasons to do it.
You are like a person saying "What's wrong with doing assignment of visa numbers and then approving based FIFO..bla bla bla". Its like saying "What's wrong with passing electric current thru a tungsten filament in a glass ball of vaccum to create light". That is DIFFERENT from commercial production of electric bulb. That bridge - between and idea and its production - takes a lot of initiative and faces a lot of roadblocks.
I will give you an example, and since you work for Government, I believe you will understand this easily.
I was in a recent meeting with administration officials along with our lobbyist and 4 other IV members. One of the issues, that is purely and administrative issue and doesnt need congressional act is In country visa revalidation. Prior to 2002, St. Louis had an office where you can mail your passport for restamping after H1 extensions and dont have to travel out of country. We asked them why that cant be restarted.(just like your style of why this cant be done and why that cant be done, its so simple and makes so much sense...bla bla bla). You know what their reply was..."We dont have a problem in doing that, and the issue is not security. Its just that if we reject someone, that someone is already in USA and would drag the rejection thru an immigration lawyer, file motions for re-appeal and re-consideration, and take us to court...and we have to fight that and spend money from DHS coffers to do that. If we reject someone's visa stamp in Mumbai consulate, we dont have to worry about it as that someone cannot take us to court and its cheaper for us".
Now, WHO would have thought about that? You see what I am saying. Here we are, speculating that they stopped visa restamping in USA (St. Louis) because of security reasons. And the real reason is - An attempt by DHS to save money on litigation it would face from rejections. Could you have known or imagined that? And who would have found the answer from IV forums. If I had posted that question here on forums, would I ever know that? No. It takes effort just to know the answers to questions. And then it takes some more effort to suggest more solutions and answers to their concerns. And then some more effort to get it done once they agree.
Its very easy to sit in your cubicle and spin brilliant ideas out of your head and say "Why cant that happen?" and "Why cant this be done like that and like that?".
And all your ideas are brilliant and they all have answers too. But sitting on IV forums and posting brilliant ideas isnt worth a bucket of warm spit if you are not willing to go out, travel and talk to people in authority and run your ideas and requests with them.
And yes, talking about donkeys and horses, the problem isnt that I am expecting wrong things from the wrong animals. The problem is that donkeys expect to be treated like horses not because they can run fast like horses but because they think they can run as fast as horses.
more...
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desi3933
06-23 12:19 PM
Can an employer revoke the I-140 after 180 days of I-485 pending?
Yes. However, AC-21 can save the I-485 for the beneficiary even if I-140 is revoked/canceled as long as the date of such request is dated after 180 calendar days of I-485 filing date.
Not a legal advice.
Yes. However, AC-21 can save the I-485 for the beneficiary even if I-140 is revoked/canceled as long as the date of such request is dated after 180 calendar days of I-485 filing date.
Not a legal advice.
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PDOCT05
10-03 02:31 PM
I just called USCIS and IO said they just started entering data to the applications for july 2nd and 3rd filers..we can expect some thing in next 10 days...:):p
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GCnew
11-30 05:41 PM
I have heard that getting a Canadian Green Card is faster. May be that is another alternative for you.
vparam
06-26 11:00 AM
Santosh_gc, I agree with you when you ask "how can illegals be granted a path to citizenship, etc" I am from Mexico and I am as much against that as you, or even more! All those illegal aliens are essentially getting a free ride and the U.S. is trying to act all "Mother Teresa" with them just to attract the vote of Hispanics. It's sickening!
At the same time, you do stereotype Mexico and that is unfair. Yes, the majority of illegals are Mexicans and that is simply because of geography. How do you explain the tens of thousands of illegals from Canada and Great Britain? (Canada is the #4 country source of illegal immigrants in the U.S. Just check the USCIS statistics page: http://www.uscis.gov/graphics/shared/aboutus/statistics/illegalalien/#Table1)
You claim you are not racist. Think again
Guys all are sufferring, we are aall looking for an answer. cool down, let us not get into giving numberusa are vicotry for their divide and rule strategy. we will see something come out by next summer whoever comes to power. we just needs to see for sucess in our path. Let me apolozice for any offensive remark by any community against any other community and close this chapter and look at ways to highlight our plight.
At the same time, you do stereotype Mexico and that is unfair. Yes, the majority of illegals are Mexicans and that is simply because of geography. How do you explain the tens of thousands of illegals from Canada and Great Britain? (Canada is the #4 country source of illegal immigrants in the U.S. Just check the USCIS statistics page: http://www.uscis.gov/graphics/shared/aboutus/statistics/illegalalien/#Table1)
You claim you are not racist. Think again
Guys all are sufferring, we are aall looking for an answer. cool down, let us not get into giving numberusa are vicotry for their divide and rule strategy. we will see something come out by next summer whoever comes to power. we just needs to see for sucess in our path. Let me apolozice for any offensive remark by any community against any other community and close this chapter and look at ways to highlight our plight.
mundada
05-01 02:25 PM
I support finding the fact...
Following two concerns were raised but the answers should satisfy....
1) Spouse may not get EAD/AP?
The document clearly states that if the primary's priority date is current then the primary can file I-485 and the spouse can file I-485 as dependent.
Once spouse files his/her I-485 he/she becomes eligible for EAD/AP and there are no restrictions on what and where the spouse can work on EAD/AP.
The document only says that the visa must be used from family quota and not from employment quota.
How does it then matter whether the spouse gets green card even after 10 years if he/she can work anywhere, any occupation and full time/part time?
2) Spouse may get GC long after?
Look at it this way currently we have pool of 140K to share among primary and dependents. What if this pool becomes 200K (if we assume 60K from family quota for illustration purpose)? Which one will be faster. It has to be 200K pool.
In any case let the correct rules be followed.
Following two concerns were raised but the answers should satisfy....
1) Spouse may not get EAD/AP?
The document clearly states that if the primary's priority date is current then the primary can file I-485 and the spouse can file I-485 as dependent.
Once spouse files his/her I-485 he/she becomes eligible for EAD/AP and there are no restrictions on what and where the spouse can work on EAD/AP.
The document only says that the visa must be used from family quota and not from employment quota.
How does it then matter whether the spouse gets green card even after 10 years if he/she can work anywhere, any occupation and full time/part time?
2) Spouse may get GC long after?
Look at it this way currently we have pool of 140K to share among primary and dependents. What if this pool becomes 200K (if we assume 60K from family quota for illustration purpose)? Which one will be faster. It has to be 200K pool.
In any case let the correct rules be followed.
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