Sakthisagar
08-09 10:59 AM
Why are you not taking EB1 into account where the diff is 9 - 10 years. I came to US on L1 in 2001 Then applied for EB3 in 2004 which was deneied in 2006. Then started in EB2 in 2006. So if you consider, I have been here since 2001 not that I just come in 2006. Like the same way you too move up in your career and then apply for EB2.
Read this once more...
That is the TRUTH. But TRUTH sometimes is undigestable and it hurts a lot, and especially people who is having an agenda it hurts a lot! :-)
Read this once more...
That is the TRUTH. But TRUTH sometimes is undigestable and it hurts a lot, and especially people who is having an agenda it hurts a lot! :-)
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JazzByTheBay
09-28 04:36 PM
Given the number of questions and concerns IV members have about AC21 in general and "what after EAD/AP", it makes sense to coordinate with USCIS (and lawmakers if required) on this and get some favorable responses that allay everyone's concerns.
If EAD+AP are like a "provisional GC", USCIS should perhaps not delve too much into the job description of work done after the 180 days past AOS filing, imo. Just as in the case of GCs, the bar of intent to be employed in that job is met by working for that employer for 90-180 days (the latter to be on the safe side). The only reason this is such a huge issue is because of the unreasonable waiting time induced on the GC process due to retrogression.
As a result, folks from retrogression-affected countries suffer from these anxities, whereas those from unaffected countries get their GCs, and are free birds after the 90-180 day period.
It's unreasonable to expect folks from retrogressed countries to be employed in the same position, or to otherwise limit their options by imposing restrictions of new job being the same job description as the one on the approved labor cert.
jazz
First there is not enough AC21 cases to give feed back how their 485s were handled (approved/detail of RFE/denied) due to job change. Becase, almost all guys who used ac21 still in waiting game due to retrogression.
The main thing what I see here is, USCIS has not yet published the final regulation to interpret AC21 act, even after 7 years of passing AC21 act. They are issuing internal field office memo. These memos are non-binding. In other words, one cannot firmly relay on memos or challange the USCIS decision on AC21 portability according to these memos.
However, sofar, these memos are very favorable to workers, including allowing self-employment, one can port even before 140 approval ect...However, USCIS were cautioning in each memos, that the final regulation may be restrictive than memos. If they took restrictive position in final regulation, it will be a huge problem for most peoples, as they might have violated the final regulation.
Another issue is, definition of "same or similar occupational classification". This is going to be very subjective based on how uscis adjudicator going to compare old and new jobs. The memo says by comparing job duties both old and new jobs and based on SOC or ONET code of old and new job they have to decide both jobs are same or similar. As there is no clear regulation it is big issue to go howmuch level of similarity between jobs. For example one guy may think "database administrator" and "network administrator" are similar job to port. The USCIS may think it may not. It is not quantified.
I feel IV should advocate on liberal/quantifyable defintion for similar jobs in AC21 interpretation. For example, all computer professional jobs should be considered as similar jobs as well as all engineering jobs should be considered similar to port. For example mining engineer can port to chemical engineer job etc...
Also, if any one port to self employment in similar job, there is no much information available wheter one should open a company in his/her name or not (by just working in 1099 etc.. for multiple positions). This needs to have a flexible option for workers, like one can work in 1099 w/o opening a bussiness.
Also, IV should advocate on not to have any restrictive interpretation in final regulation.
If EAD+AP are like a "provisional GC", USCIS should perhaps not delve too much into the job description of work done after the 180 days past AOS filing, imo. Just as in the case of GCs, the bar of intent to be employed in that job is met by working for that employer for 90-180 days (the latter to be on the safe side). The only reason this is such a huge issue is because of the unreasonable waiting time induced on the GC process due to retrogression.
As a result, folks from retrogression-affected countries suffer from these anxities, whereas those from unaffected countries get their GCs, and are free birds after the 90-180 day period.
It's unreasonable to expect folks from retrogressed countries to be employed in the same position, or to otherwise limit their options by imposing restrictions of new job being the same job description as the one on the approved labor cert.
jazz
First there is not enough AC21 cases to give feed back how their 485s were handled (approved/detail of RFE/denied) due to job change. Becase, almost all guys who used ac21 still in waiting game due to retrogression.
The main thing what I see here is, USCIS has not yet published the final regulation to interpret AC21 act, even after 7 years of passing AC21 act. They are issuing internal field office memo. These memos are non-binding. In other words, one cannot firmly relay on memos or challange the USCIS decision on AC21 portability according to these memos.
However, sofar, these memos are very favorable to workers, including allowing self-employment, one can port even before 140 approval ect...However, USCIS were cautioning in each memos, that the final regulation may be restrictive than memos. If they took restrictive position in final regulation, it will be a huge problem for most peoples, as they might have violated the final regulation.
Another issue is, definition of "same or similar occupational classification". This is going to be very subjective based on how uscis adjudicator going to compare old and new jobs. The memo says by comparing job duties both old and new jobs and based on SOC or ONET code of old and new job they have to decide both jobs are same or similar. As there is no clear regulation it is big issue to go howmuch level of similarity between jobs. For example one guy may think "database administrator" and "network administrator" are similar job to port. The USCIS may think it may not. It is not quantified.
I feel IV should advocate on liberal/quantifyable defintion for similar jobs in AC21 interpretation. For example, all computer professional jobs should be considered as similar jobs as well as all engineering jobs should be considered similar to port. For example mining engineer can port to chemical engineer job etc...
Also, if any one port to self employment in similar job, there is no much information available wheter one should open a company in his/her name or not (by just working in 1099 etc.. for multiple positions). This needs to have a flexible option for workers, like one can work in 1099 w/o opening a bussiness.
Also, IV should advocate on not to have any restrictive interpretation in final regulation.
anzerraja
07-20 01:21 AM
Thanks venkygct !!!
I pledge $100
I pledge $100
2011 HP COMPAQ 283983-001 EVO D510
drona
07-06 07:31 PM
We would all like to part of a rally or protest but why give us only one days notice? Surely most people will not have read this post by tomorrow. We should organize this properly by sending out the message to the community well in advance and getting the required permits (I mean if you want this to be in any way successful that is).
more...
chanduy9
07-03 12:54 PM
I think any flower is good, if we run out of the same..just an idea.
vinnysuru
04-18 07:28 PM
Hi All,
I have to do the landing before june, 2008.
I have already used AP to enter US after my last trip to India. So IO at POE canada will know that I have pending 485. don't know how to handle this situation.
I am planning to do the landing in last week of may via Niagra falls. (toronto)
anyone with similar status done landing please share your experience.
Thanks
Yep, me too. Landing memorial day weekend via Niagara/ Buffalo!:D
I have to do the landing before june, 2008.
I have already used AP to enter US after my last trip to India. So IO at POE canada will know that I have pending 485. don't know how to handle this situation.
I am planning to do the landing in last week of may via Niagra falls. (toronto)
anyone with similar status done landing please share your experience.
Thanks
Yep, me too. Landing memorial day weekend via Niagara/ Buffalo!:D
more...
zoooom
07-19 07:46 PM
Yeah I saw it..Great job!!. We need people to notice this.
2010 Compaq Evo D510 Celeron 1700mhz Grade A
mirage
03-16 11:09 AM
They recaptured unused Visas once, somewhere in 1997 I'm not sure exactly when it happened, but that took care of the backlog then.
The main thing which we are struggling with are the 200K H1B between 1999 & 2001 and one more reason is 245i cases. In the year 2001 Clinton Administration gave Amnesty to Illegals, they were given opportunity to file their 485s with PD of April'2001...Now this is controversial, as I have even asked few lawyers about which categoy they fell in ? Some says 'EB-3' other says 'Other Workers' Category.
If it is EB-3 you know the answer why the dates haven't passed the big hump of 2001 in last 4 years...
Good discussion.
But even if it was 65000, from India, I'm sure most of them took a big slice, lets say 30%= 20,000 H1 visas. And did the 7% quota formula might have existed at that time too. If so, even then there must be quite a big line. Why were things current at any point, they must not be going by these numbers, and even assuming they did the processing without visa losses.
The main thing which we are struggling with are the 200K H1B between 1999 & 2001 and one more reason is 245i cases. In the year 2001 Clinton Administration gave Amnesty to Illegals, they were given opportunity to file their 485s with PD of April'2001...Now this is controversial, as I have even asked few lawyers about which categoy they fell in ? Some says 'EB-3' other says 'Other Workers' Category.
If it is EB-3 you know the answer why the dates haven't passed the big hump of 2001 in last 4 years...
Good discussion.
But even if it was 65000, from India, I'm sure most of them took a big slice, lets say 30%= 20,000 H1 visas. And did the 7% quota formula might have existed at that time too. If so, even then there must be quite a big line. Why were things current at any point, they must not be going by these numbers, and even assuming they did the processing without visa losses.
more...
purgan
12-10 09:44 AM
All the appropriations bill will be dealt by the new Democratic Congress in Jan-Feb (CR expires Feb 15). Immigratio Relief provisions can be attached to these bills...i believe there is widespread support for these among both Democrats and most Republicans
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mbawa2574
09-07 12:08 PM
Did ur packet was received by R.Williams ?
more...
tamil12
09-23 05:54 PM
"EB-2 India. This category is expected to remain unchanged or to move very slowly forward (by a week or so) in the short-term. This is mainly caused by the fact that many EB-3 India applicants (there are approximately 60,000 EB-3 India pending cases) are �porting� their priority dates into the EB-2 India category and are thus taking visa numbers.
EB2 India is slowwly becoming EB3 as thousands are porting from EB3 to EB2. Some of them are really worthy of EB2 and some of them are fradulent.
EB2 India applicants should wake up from their celebratio of a few months leap and get ready for slow movement or retro.
Guys wake up and fight to make the porting rules veryu strong if not stop porting. The rule should be if I140 for porting is denied then the applicatnt should loose his/her initial EB3 priority date also as he /she has indicated that he/she is no longer working in the position as described in EB3 labor. This will make sure that fradulent applicants cannot port from EB3 to EB2.
P.S: I know I will get thousands of REDs. I do not care... EB2 I guys wake up.. Time is running out.. EB2 I will very quickly become same as EB3I.
Don't worry brother....I started my Perm Eb2 ....I am eligible I have 9 + years of US experience itself...EB3 Who are eligible go for Porting....No other go for us.
EB2 India is slowwly becoming EB3 as thousands are porting from EB3 to EB2. Some of them are really worthy of EB2 and some of them are fradulent.
EB2 India applicants should wake up from their celebratio of a few months leap and get ready for slow movement or retro.
Guys wake up and fight to make the porting rules veryu strong if not stop porting. The rule should be if I140 for porting is denied then the applicatnt should loose his/her initial EB3 priority date also as he /she has indicated that he/she is no longer working in the position as described in EB3 labor. This will make sure that fradulent applicants cannot port from EB3 to EB2.
P.S: I know I will get thousands of REDs. I do not care... EB2 I guys wake up.. Time is running out.. EB2 I will very quickly become same as EB3I.
Don't worry brother....I started my Perm Eb2 ....I am eligible I have 9 + years of US experience itself...EB3 Who are eligible go for Porting....No other go for us.
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jindhal
09-23 04:50 PM
Thats YOUR perception, and its totally inaccurate. When xyz had his Eb-3 140 approved, by definition he was OK'd to be immigrant. Now that date belongs to him and if he has gained sufficient expertise/skill level for him to promote to Eb-2 I-140, the transfer of dates is obvious. On the contrary he deserves to be ahead in line because he had already filed Eb-3 way ahead in advance. Calling him an unskilled, inept, or lazy proves him otherwise.
When xyz had his Eb-3 140 approved, by definition he was OK'd to be immigrant in that category with THAT date. When he files for an EB2 he is "OK'd" to be an immigrant in that category at THAT date. Does not mean he should get to be at the front of the line just because he is now eligible for an eb2 job.
When xyz had his Eb-3 140 approved, by definition he was OK'd to be immigrant in that category with THAT date. When he files for an EB2 he is "OK'd" to be an immigrant in that category at THAT date. Does not mean he should get to be at the front of the line just because he is now eligible for an eb2 job.
more...
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anzerraja
07-20 10:42 AM
Thanks balakishore !!!
All you need to do now is pledge an amount. Just write down a reply to this message what you would like to contribute.
We are working on how to arrange for the payout. Once we figure that out, everybody in the thred will be informed.
Could some one please tell me on how to contribute for this issue ?
I am ready to contribute a little.
I hope everybody will contribute a little, so that AMAN will come out of this issue.
--Balakishore
( Contributed $100 till today )
All you need to do now is pledge an amount. Just write down a reply to this message what you would like to contribute.
We are working on how to arrange for the payout. Once we figure that out, everybody in the thred will be informed.
Could some one please tell me on how to contribute for this issue ?
I am ready to contribute a little.
I hope everybody will contribute a little, so that AMAN will come out of this issue.
--Balakishore
( Contributed $100 till today )
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bmosur
08-31 01:57 PM
PD - July 2004 Category - EB3
I-140 cleared June 2006
I-485 - send 07/27/2007
Cheqs encashed 08/31
Receipt Date - Not yet
Hope this helps. Looks like they are processing randomly
I-140 cleared June 2006
I-485 - send 07/27/2007
Cheqs encashed 08/31
Receipt Date - Not yet
Hope this helps. Looks like they are processing randomly
more...
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pmpforgc
02-07 10:55 PM
Blacks, Latinos and even us Indians have reservation in the US. We get reservations right from Kinder garden, thru college and job opportunities. Many Federal govt. contracts are reserved for minorities and women.
[QUOTE=rbusgc;2310783]
I love this thread and will comment more later.
But wanted to correct that in Most instance in US they dont apply MINORITY benefits to ASIAN people MAINLY because THEY are high ACHIVER in this Countrry. In most of the great colleges and MEDICAL SCHOOLS they TRY AS MUCH as possible to LIMIT asians in ADMISSIONS. Also When They talk about DIVERSITY they only talk about AFRICAN AMERICANS mostly.
I am surprised that THOUGH ASIANS are very little in NUMBER in US they mostly dont get BENEFIT that MINORITY should get officially.
I hope at some point SOME of OVER ASIAN kids will take MEDICAL SCHOOLS DISCRIMINATION against ASIANS in the SUPREEEM COURT in US.
When it comes to Minority dont consider Yourself or your kids to get any MINORITY benefits in US. IT is mostly RESERVED FOR AFRICAN AMERICANS and in SOME INSTANCES for HISAPANIC though they are in LARGE NUMBER compare to ASIAN in this GREAT COUNTRY of USA !!!
[QUOTE=rbusgc;2310783]
I love this thread and will comment more later.
But wanted to correct that in Most instance in US they dont apply MINORITY benefits to ASIAN people MAINLY because THEY are high ACHIVER in this Countrry. In most of the great colleges and MEDICAL SCHOOLS they TRY AS MUCH as possible to LIMIT asians in ADMISSIONS. Also When They talk about DIVERSITY they only talk about AFRICAN AMERICANS mostly.
I am surprised that THOUGH ASIANS are very little in NUMBER in US they mostly dont get BENEFIT that MINORITY should get officially.
I hope at some point SOME of OVER ASIAN kids will take MEDICAL SCHOOLS DISCRIMINATION against ASIANS in the SUPREEEM COURT in US.
When it comes to Minority dont consider Yourself or your kids to get any MINORITY benefits in US. IT is mostly RESERVED FOR AFRICAN AMERICANS and in SOME INSTANCES for HISAPANIC though they are in LARGE NUMBER compare to ASIAN in this GREAT COUNTRY of USA !!!
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pcs
02-09 08:33 PM
I am sending $ 20 ...
Please keep sending emails to all members and encourage them to chip in regularly..
Please keep sending emails to all members and encourage them to chip in regularly..
more...
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lsbk
10-02 10:55 AM
Hi everyone,
Iam a July 3rd filer and the moneyorders for me and my wife has been cashed on September 28th. We had send 2 moneyorders for $745. Waiting for the receipts to come. Hope all of you get your receipts very soon.
Iam a July 3rd filer and the moneyorders for me and my wife has been cashed on September 28th. We had send 2 moneyorders for $745. Waiting for the receipts to come. Hope all of you get your receipts very soon.
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hindu_king
05-08 04:15 PM
Reeves & Associates (California) has experience filing class action lawsuit against USCIS. His initial consultation fees is $100. For $100, he can at least tell us
1. if we have a case
2. if yes, whats the process
3. whats the cost for lawsuit
1-800-795-8009 is the number
http://www.rreeves.com/articles/immigration_en_10521.php
1. if we have a case
2. if yes, whats the process
3. whats the cost for lawsuit
1-800-795-8009 is the number
http://www.rreeves.com/articles/immigration_en_10521.php
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jessie1981
06-12 11:47 AM
Hi,
I filed on June 5th and TSC received my package on June 6th. Still my Checks hasnt cleared.
I filed 485/EAD/AP on May 31st and TSC received on June 1st. My checks haven't been cleared yet. TSC is said to be the slowest one. In a chinese forum, several people whose PD became current on June 1st got 485 approved recently. Their cases were all transferred to NSC recently.
BTW, how long will it take to get EAD? I sort of remember that it takes at most 3 months.
I filed on June 5th and TSC received my package on June 6th. Still my Checks hasnt cleared.
I filed 485/EAD/AP on May 31st and TSC received on June 1st. My checks haven't been cleared yet. TSC is said to be the slowest one. In a chinese forum, several people whose PD became current on June 1st got 485 approved recently. Their cases were all transferred to NSC recently.
BTW, how long will it take to get EAD? I sort of remember that it takes at most 3 months.
bkarnik
05-05 11:13 AM
In continuation of the post from Nenneo, I had the chance to see Newt Gingrich, ex-speaker of the house and who is currently testing the waters for a possible 2008 Pres. nomination from the GOP. His response, I think, speaks volumes about the type of people the GOP would like to see here.
He indicated that he is totally against illegal immigration and pro legal immigration. But, when it came to students who were pursuing higher education in the US, according to Newt, "is a no-brainer, we get them here, we train and teach them, it does not make sense to let them go. These students should be given a visa as soon as they find a job, as long as they have not committed any felony and especially since the students have been in the US for 2+years it is sufficient time to get to know them and their backgrounds and for them to be assimilated in the US way of life."
My 2-cents to clarify the thinking behind giving more preference to US educated students vs non-US educated ones. This coming from a senior GOP leader.
He indicated that he is totally against illegal immigration and pro legal immigration. But, when it came to students who were pursuing higher education in the US, according to Newt, "is a no-brainer, we get them here, we train and teach them, it does not make sense to let them go. These students should be given a visa as soon as they find a job, as long as they have not committed any felony and especially since the students have been in the US for 2+years it is sufficient time to get to know them and their backgrounds and for them to be assimilated in the US way of life."
My 2-cents to clarify the thinking behind giving more preference to US educated students vs non-US educated ones. This coming from a senior GOP leader.
smuggymba
07-20 11:50 AM
smuggymba,
Do you have any numbers for advocacy effort participation in terms of EB2 vs EB3 ? You and some EB2 members on this forum seems to be suggesting that they are getting GCs faster because you they did some outstanding effort in terms of IV advocacy effort. Would you mind sharing some evidence in case you have some ?
I didn't see EB2 guys overcrowding that event. There were well meaning, sincere members from both EB2 as well EB3.
Please stop lecturing EB3 guys. If pappu or someone from leadership want to lecture us, it is fine. Not every jack and jill on this forum should lecture us.
ok, let me put the matter to rest before you take it out of context. My observation was based on the thread that we had for collecting the amount..I didn't see many EB3 folks contribute dollars....but now that 2 EB3 are vouching that enough EB3 folks contibuted, that's great. I just observed something and if it hurt you right down the spine, sorry. I filed PERM 3 months ago, I'm far off in this process. Just focus on advocay so that everyone gets their GCs. Good luck. I hate this EB2 vs EB3, this is a never ending debate. Just hope everyone gets their GC in time.
Do you have any numbers for advocacy effort participation in terms of EB2 vs EB3 ? You and some EB2 members on this forum seems to be suggesting that they are getting GCs faster because you they did some outstanding effort in terms of IV advocacy effort. Would you mind sharing some evidence in case you have some ?
I didn't see EB2 guys overcrowding that event. There were well meaning, sincere members from both EB2 as well EB3.
Please stop lecturing EB3 guys. If pappu or someone from leadership want to lecture us, it is fine. Not every jack and jill on this forum should lecture us.
ok, let me put the matter to rest before you take it out of context. My observation was based on the thread that we had for collecting the amount..I didn't see many EB3 folks contribute dollars....but now that 2 EB3 are vouching that enough EB3 folks contibuted, that's great. I just observed something and if it hurt you right down the spine, sorry. I filed PERM 3 months ago, I'm far off in this process. Just focus on advocay so that everyone gets their GCs. Good luck. I hate this EB2 vs EB3, this is a never ending debate. Just hope everyone gets their GC in time.
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