lotres
11-21 03:29 PM
Dear Mehul,
You are a great inspiration of strength to the rest of us, miracles do happen and don't loose hope...my thoughts and prayers are with you!
AS for GC, I have a coworker whose dad, the primary applicant , passed away, and only 1 dependent was able to continue process and just recently got his GC. Most likely, your wife will not be forced to return home.
Stay strong and positive!
You are a great inspiration of strength to the rest of us, miracles do happen and don't loose hope...my thoughts and prayers are with you!
AS for GC, I have a coworker whose dad, the primary applicant , passed away, and only 1 dependent was able to continue process and just recently got his GC. Most likely, your wife will not be forced to return home.
Stay strong and positive!
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saudoso
12-17 11:17 PM
I've started half fantasizing, half planning a better life outside the states. I think of everything in my life that could change for the better: more vacation, more travel, less of the neurotic american fear based mentality, more sun and summer, more time closer to my home country and relatives.
I plan to stay here for the long haul, since I've been with my american life partner for 8 years (no GC for gay couples, though!), own property here, etc. But it helps with alleviating feelings of depression to remind myself that I actually do have options in life, and that I am not just a victim of an unfair immigration system.
I plan to stay here for the long haul, since I've been with my american life partner for 8 years (no GC for gay couples, though!), own property here, etc. But it helps with alleviating feelings of depression to remind myself that I actually do have options in life, and that I am not just a victim of an unfair immigration system.
trueguy
07-27 07:29 PM
I agree. If "vertical spillover" occurs again, the only benefit would go to EB3-ROW.
It is very very difficult to convince anyone to overflow EB2 ROW -> EB3 ROW -> EB3 I (leaving EB2 I out of loop). (eventhough USCIS did it in past)
If someone tries to re-interprete, it will end up like:EB2 ROW -> EB3 ROW -> EB2I -> EB3 I, still no real benefit to EB3 I; only EB2 I will loose with some benefit to EB3 ROW.
Bottom line is, we need more visa numbers and that's what we need to campaign for. May it be recapture, or STEM exemption or anything else.
I am not saying this just because I am EB2, but these are the facts. Additionally, there is a big chance of new immigration law as soon as new president comes (likely some form of CIR) and we need to be prepared to have our agenda included in that; rather than splitting ourselves.
Earlier it was like this:
EB2 ROW --> EB3 ROW
If any left over after that then remaining numbers were equally divided between EB2-I/C and EB3-I/C so both EB2-I and EB3-I were getting equal share of spillover. Thats the way it should be.
It is very very difficult to convince anyone to overflow EB2 ROW -> EB3 ROW -> EB3 I (leaving EB2 I out of loop). (eventhough USCIS did it in past)
If someone tries to re-interprete, it will end up like:EB2 ROW -> EB3 ROW -> EB2I -> EB3 I, still no real benefit to EB3 I; only EB2 I will loose with some benefit to EB3 ROW.
Bottom line is, we need more visa numbers and that's what we need to campaign for. May it be recapture, or STEM exemption or anything else.
I am not saying this just because I am EB2, but these are the facts. Additionally, there is a big chance of new immigration law as soon as new president comes (likely some form of CIR) and we need to be prepared to have our agenda included in that; rather than splitting ourselves.
Earlier it was like this:
EB2 ROW --> EB3 ROW
If any left over after that then remaining numbers were equally divided between EB2-I/C and EB3-I/C so both EB2-I and EB3-I were getting equal share of spillover. Thats the way it should be.
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belmontboy
09-24 01:08 PM
The priority date should be always based on the particular labor filling or the filing of I140 (which ever applicable)
I am not against anyone getting GC. If everyome gets GC today, I am all for it. But no solution is in sight. But that does not mean someone elase will try to push EB2 back.
Therefore just wanted to let EB2 guys realize what will happen to them if no action is taken.
This is very simillar to labor substitution...
Thanks for your "sincere" concern.
There is no abuse in porting, don't worry about it.
Porting happens as prescribed by law, unlike Labor substitutions which was being sold for $$$. These days its not easy to get filed in EB2 - as the labor market is very bad. If someone gets through, then they really deserve it .
Don't get paranoid about porting. Porting is there for a reason and will stay. Doesnot matter whether you like it or not!
I am not against anyone getting GC. If everyome gets GC today, I am all for it. But no solution is in sight. But that does not mean someone elase will try to push EB2 back.
Therefore just wanted to let EB2 guys realize what will happen to them if no action is taken.
This is very simillar to labor substitution...
Thanks for your "sincere" concern.
There is no abuse in porting, don't worry about it.
Porting happens as prescribed by law, unlike Labor substitutions which was being sold for $$$. These days its not easy to get filed in EB2 - as the labor market is very bad. If someone gets through, then they really deserve it .
Don't get paranoid about porting. Porting is there for a reason and will stay. Doesnot matter whether you like it or not!
more...
another one
12-17 02:43 PM
Restarted the process again in 2006 due to job change.
Two things that help me.
1) Personally meeting lawmakers and making it obvious to them how screwed up their policies are.
2) Being ready to go back. After all, the country where i was born and spent the first 25 yrs of my life cannot be that impossible for me to live in.
Been in the US since 1998, have an EB-2 PD of 2001, have played by the rules all along. Still no GC... And, the dates are going back to 2000 from the new year.. I've lost hopes...
I'm pretty close to getting clinical depression because of this game played by USCIS, Labor Dept, FBI and my own bad luck.
SKILL bill, OMNIBUS, etc. comes and goes. IV does seem to be doing things to lobby for the community, but let's face one reality. Like a news article said, no one in congress or senate wants to touch immigration even with a long pole until 2009.
The US has been very good to me (other than the GC part), more than my home country (India) which is why I'm still here.
Have invested too much of time in this country to just pack up and go. Just curious if any of you feel this way? How do you handle such depressing feelings?
Two things that help me.
1) Personally meeting lawmakers and making it obvious to them how screwed up their policies are.
2) Being ready to go back. After all, the country where i was born and spent the first 25 yrs of my life cannot be that impossible for me to live in.
Been in the US since 1998, have an EB-2 PD of 2001, have played by the rules all along. Still no GC... And, the dates are going back to 2000 from the new year.. I've lost hopes...
I'm pretty close to getting clinical depression because of this game played by USCIS, Labor Dept, FBI and my own bad luck.
SKILL bill, OMNIBUS, etc. comes and goes. IV does seem to be doing things to lobby for the community, but let's face one reality. Like a news article said, no one in congress or senate wants to touch immigration even with a long pole until 2009.
The US has been very good to me (other than the GC part), more than my home country (India) which is why I'm still here.
Have invested too much of time in this country to just pack up and go. Just curious if any of you feel this way? How do you handle such depressing feelings?
desi3933
06-26 10:13 AM
Basically if employers are not willing to sponsor they must have ads as "Non restrictive work authorization" required and if the job needs security clearance they must say "only security clearance"
There are some jobs that require US citizens only without any security clearance requirements. Many defense related projects are like that. Not everyone will need security clearance, but everyone in the project must be US citizen.
.
There are some jobs that require US citizens only without any security clearance requirements. Many defense related projects are like that. Not everyone will need security clearance, but everyone in the project must be US citizen.
.
more...
GCBy3000
05-03 05:12 PM
With Sen Cornyn Bill, I do not think PD should be current to file AOS.
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Honda
09-09 10:30 PM
We want to do some thing for elimination of backlogs Especially for EB3 - India Else we wont see any more progress.
All EB3 people please share your thoughts to resolve this issue.
All EB3 people please share your thoughts to resolve this issue.
more...
desi3933
06-28 09:59 AM
No employer can advertise a job only for GC/Citizen unless they have a valid reason (the job needs security clearance etc.).
What are you drinking? How can GC holder get security clearance? Also, there are some jobs that may require US citizen without any requirement for security clearance. Example: Defence projects.
BTW the law does not say that authorized alien should have a work permit allowing him to work for any employer.
Read I-9 form. Employee must have work authorization before he/she can start work.
Read more here
Compliance Assistance Employment Law Guide - Authorized Workers (Non - U.S. Citizens) (http://www.dol.gov/compliance/guide/aw.htm)
My turn to ask you a proof.
Can you show me a law that says H1B can be treated differently with respect to other work authorization for hiring/firing ?
I have said before, once hired, H-1B worker enjoys same treatment as other workers for job promotions and firing.
Regarding the hiring part,
first read here about H-1 visa
H-1B Specialty (Professional) Workers (http://www.foreignlaborcert.doleta.gov/h-1b.cfm)
The H-1B program allows an employer to temporarily employ a foreign worker in the U.S. on a nonimmigrant basis in a specialty occupation or as a fashion model of distinguished merit and ability.
Now, read more about H-1B LCA here
http://www.lca.doleta.gov/h1bcl_nw.pdf
Nowhere it mentions that for qualified applicant, employer has to file LCA and H-1B petition.
On the other hand, Form I-9 clearly states, that employer must verify eligibility for the employee at the time of job start.
More about LCA here
http://edocket.access.gpo.gov/cfr_2005/aprqtr/pdf/20cfr655.721.pdf
Now, if you think, even after reading these documents that employer can be forced to file for H-1B at the time of hiring, I can suggest put your question in lawyers forum.
Hopefully, you will trust lawyer more than me.
Have a good day!
What are you drinking? How can GC holder get security clearance? Also, there are some jobs that may require US citizen without any requirement for security clearance. Example: Defence projects.
BTW the law does not say that authorized alien should have a work permit allowing him to work for any employer.
Read I-9 form. Employee must have work authorization before he/she can start work.
Read more here
Compliance Assistance Employment Law Guide - Authorized Workers (Non - U.S. Citizens) (http://www.dol.gov/compliance/guide/aw.htm)
My turn to ask you a proof.
Can you show me a law that says H1B can be treated differently with respect to other work authorization for hiring/firing ?
I have said before, once hired, H-1B worker enjoys same treatment as other workers for job promotions and firing.
Regarding the hiring part,
first read here about H-1 visa
H-1B Specialty (Professional) Workers (http://www.foreignlaborcert.doleta.gov/h-1b.cfm)
The H-1B program allows an employer to temporarily employ a foreign worker in the U.S. on a nonimmigrant basis in a specialty occupation or as a fashion model of distinguished merit and ability.
Now, read more about H-1B LCA here
http://www.lca.doleta.gov/h1bcl_nw.pdf
Nowhere it mentions that for qualified applicant, employer has to file LCA and H-1B petition.
On the other hand, Form I-9 clearly states, that employer must verify eligibility for the employee at the time of job start.
More about LCA here
http://edocket.access.gpo.gov/cfr_2005/aprqtr/pdf/20cfr655.721.pdf
Now, if you think, even after reading these documents that employer can be forced to file for H-1B at the time of hiring, I can suggest put your question in lawyers forum.
Hopefully, you will trust lawyer more than me.
Have a good day!
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delhiguy79
07-22 12:25 AM
Has anyone done Landing and did next day H1 stamping at Canada?
Thanks in advance
Thanks in advance
more...
immi_seeker
09-13 09:21 PM
Guys,
Given the EB3 situtation.....most EB3 will convert to EB2 and flood EB2. This is going to happen soon. More money for USCIS.....EB2 will become U
Not in the current economy though. With 10% joblesseness all PERM (whether EB2 or EB3) are highly scrutnized. Forget about PERM even the simple Hi1B stamping is having huge issues.
Given the EB3 situtation.....most EB3 will convert to EB2 and flood EB2. This is going to happen soon. More money for USCIS.....EB2 will become U
Not in the current economy though. With 10% joblesseness all PERM (whether EB2 or EB3) are highly scrutnized. Forget about PERM even the simple Hi1B stamping is having huge issues.
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sanjeev
06-18 12:53 PM
Just heard from my employer checks cleared on 15th June
Mailed to NSC on: 1st June
Mailed From State: VA
Received at NSC on: June 4th
140 approved from : NSC
Receipt Date : Still Waiting
Priority Date Sept 2002
Mailed to NSC on: 1st June
Mailed From State: VA
Received at NSC on: June 4th
140 approved from : NSC
Receipt Date : Still Waiting
Priority Date Sept 2002
more...
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Prashant
07-03 02:45 PM
Done
Your Order Confirmation: EGONZA0EG2UY
Message: All the best for Future EB Visa Estimates
Truly,
A victim of revised visa bulletin
Your Order Confirmation: EGONZA0EG2UY
Message: All the best for Future EB Visa Estimates
Truly,
A victim of revised visa bulletin
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Rohan99
10-11 05:01 PM
I think it can not be true. I strongly believe in stats look around you and see how many have not received receipt, you will find very few numbers. In my office everyone has got receipt and my friends too. I am the only unlucky person. This sample is truly random hence I believe it. Out of 15 friends I know (work for different company and filed on different date) only I am left. Whatever immigartion-law or anyone is reporting like this is wrong.
It is painful to wait like this and I am frustrated.. hope next week brings some good news...
July VB Fiasco I-485 Receipting Delays
The USCIS has yet to release the detailed progress report on the receipting delays in terms of the numbers that have yet to be processed for receipting. The only thing people know through various private websites just indicates that there are a plenty of people who are still waiting for filing fee checks cashed or receipt notices received for the cases which were filed as early as July 2, 2007, not to mention any later cases.
We reported earlier that the USCIS had allegedly received total of 800,000 cases for the July VB fiasco cases. There is an unconfirmed report that they have completed the receipting only half way through of the total, meaning approximately 400,000. There are no sources of information to verify or confirm the figures. However, if it is correct, the USCIS has yet to process mountains of receipting workloads ahead and the filers have some additional sleepless nights which they will have to endure for a while. AMEN!
It is painful to wait like this and I am frustrated.. hope next week brings some good news...
July VB Fiasco I-485 Receipting Delays
The USCIS has yet to release the detailed progress report on the receipting delays in terms of the numbers that have yet to be processed for receipting. The only thing people know through various private websites just indicates that there are a plenty of people who are still waiting for filing fee checks cashed or receipt notices received for the cases which were filed as early as July 2, 2007, not to mention any later cases.
We reported earlier that the USCIS had allegedly received total of 800,000 cases for the July VB fiasco cases. There is an unconfirmed report that they have completed the receipting only half way through of the total, meaning approximately 400,000. There are no sources of information to verify or confirm the figures. However, if it is correct, the USCIS has yet to process mountains of receipting workloads ahead and the filers have some additional sleepless nights which they will have to endure for a while. AMEN!
more...
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sodh
07-10 01:25 AM
Can someone give me Michael Moore's contact and I can gaurantee you that his next movie will be on USCIS and DOS.
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saisujatha123
05-13 12:32 PM
Not sure Why IV Core should respond when a category goes off... They are working united for all overall suffering and pain for all categories...
What is IV Core? Sorry! I am new to this forum.I meant the flower campaign for all employment(Eb2 and Eb3) categories
What is IV Core? Sorry! I am new to this forum.I meant the flower campaign for all employment(Eb2 and Eb3) categories
more...
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myvoice23
09-25 05:49 PM
Can you tell us what time it reached NSC on July 3rd. Looks like lot of people July 3rd at 9:03 received by R.William are waiting for receipt. Are you one among them?
yes, it reached at 9.03am and was received by R.William
yes, it reached at 9.03am and was received by R.William
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salai007
08-13 11:45 AM
My lawyer went to the SC and dropped the papers on July 2, still I am waiting for my receipt#....does anybody in my situation like this?
Regards,
-Salai
Regards,
-Salai
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xu1
05-03 12:19 PM
Section 205. Retaining Workers Subject to Green Card Backlog.
This section specifies anyone caught in the backlog would be able to pay $500 to adjust status... So your husband is ok (again, should this SKIL ever become reality)
However, I am confused this section 205 falls into Title II, "Retaining Foreign Workers Educated in the United States". Section 205 does not read like anything to do with a degree in the US..
wow,
what do you say, ordinary folks in EB3, without US Masters will not be able to proceed toward I-485 stage when visa is unavailable?
Hmmm, I will have my Masters, but I cannot work, as I cannot get h1 because of the 6th year limit (just like so many h4's). My hubby does not have US Masters, so he will wait in EB3 forever?
Can I slap my Masters to his name so he can proceed faster and I can finally get my EAD..?
This section specifies anyone caught in the backlog would be able to pay $500 to adjust status... So your husband is ok (again, should this SKIL ever become reality)
However, I am confused this section 205 falls into Title II, "Retaining Foreign Workers Educated in the United States". Section 205 does not read like anything to do with a degree in the US..
wow,
what do you say, ordinary folks in EB3, without US Masters will not be able to proceed toward I-485 stage when visa is unavailable?
Hmmm, I will have my Masters, but I cannot work, as I cannot get h1 because of the 6th year limit (just like so many h4's). My hubby does not have US Masters, so he will wait in EB3 forever?
Can I slap my Masters to his name so he can proceed faster and I can finally get my EAD..?
manish1905
02-25 07:22 PM
Your transaction ID for this payment is: 1KJ77263D2760803K.
Just contributed another $50 feeling better.
Just contributed another $50 feeling better.
thomachan72
05-23 06:18 AM
SORRY Fellas, I cannot send this out unless the provision for H1b nenewal be added to it. I know IVs main concern is reg the backlogged GC cases, however, I would request that future of the H1b should also be addresed. I now feel that even contributing to the IV was a mistake because you are not taking a broader view of this issue. Please try to include the clauses affecting H1bs also in your letters. Particularly simple technical aspects like renewing H1b beyond the 6 years period is a MUST and one of the things that can be MOST easily achieved if asked for.
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