ashishgour
09-12 05:19 PM
I am in tooo..DC rally wud not cost me $200...i was in the first one as well..:)
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immi_seeker
10-01 05:46 PM
After the july fiasco, USCIS need not have to worry about recieving huge applications if they move the dates forward. Since almost all the folks (except for folks stuck at BEC) would have turned in the applications uscis should be able to move the dates forward for FY08 to a big extent , so that visa numbers are not wasted.
but again it all depends on how they view this.These are cry from our end..
but again it all depends on how they view this.These are cry from our end..
addsf345
11-24 02:21 PM
If you are beyond 6 years and I-485 denied then applicant is doomed weather you are in H1 or EAD. Only route is MTR. My attorney confirmed it.
She suggest unless MTR get open. You should not even work to avoid the issues.
So it does depend attorney to attorney. I don't think we have any case examples in either senarios. So bottom-line, do whatever you feel correct and make you happy. :)
Personally, I think RG is seems more logical. If you use EAD your H1 becomes invalid. No one revokes but it happens. Similarly, H1 becomes invalid as underline petition get denied.
Read on some other thread: Only reason why H1B doesn't get revoked immediately post 6 years is not having a full-proof integrated system, and such system may soon be here. I will post any link if I find this again.
She suggest unless MTR get open. You should not even work to avoid the issues.
So it does depend attorney to attorney. I don't think we have any case examples in either senarios. So bottom-line, do whatever you feel correct and make you happy. :)
Personally, I think RG is seems more logical. If you use EAD your H1 becomes invalid. No one revokes but it happens. Similarly, H1 becomes invalid as underline petition get denied.
Read on some other thread: Only reason why H1B doesn't get revoked immediately post 6 years is not having a full-proof integrated system, and such system may soon be here. I will post any link if I find this again.
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gctest
09-14 02:40 PM
Well ...well ..well.... All this opposition tells me that I am on the right track along with all the people who support this cause.
Infact, we had seen similar opposition when we spoke against labor substitution in 2004 on immigrationcom website.
But labor substitution was stopped and DOL is currently auditing/investigating so many who used it. If you used labor substitution, you mostly should find that your I-140 is not getting adjudicated these days.
Interfiling while being the same company is totally illegal. Its tantamounts to fabricating the job requirements or asking you HR to "create a job position".
I whole heartedly support all EB3s who were qualified for EB2 when they filed their EB3 and we will keep this clause in mind when preparing the lawsuit.
Rest.. good luck.. you might even get your I-140 (or GC) approved based on PD porting ... but we will make sure that you get investigated eventually and the "incorrect decision" overturned.
Infact, we had seen similar opposition when we spoke against labor substitution in 2004 on immigrationcom website.
But labor substitution was stopped and DOL is currently auditing/investigating so many who used it. If you used labor substitution, you mostly should find that your I-140 is not getting adjudicated these days.
Interfiling while being the same company is totally illegal. Its tantamounts to fabricating the job requirements or asking you HR to "create a job position".
I whole heartedly support all EB3s who were qualified for EB2 when they filed their EB3 and we will keep this clause in mind when preparing the lawsuit.
Rest.. good luck.. you might even get your I-140 (or GC) approved based on PD porting ... but we will make sure that you get investigated eventually and the "incorrect decision" overturned.
more...
Macaca
09-12 07:35 PM
Macaca-
If only wait times were as little as 2 yrs and 7 yrs...I might not even be fighting!!!
"Currently it takes 7+ years (after 2+ years on student visa) to become a resident."
This is not true in most cases. The F1 might be for 2 yrs minimum + 1 year EAD + at least 2 yrs on H1B before the GC process starts. Then its 7+ years...
So overall, we are talking 10+ years to get permanant residency in a majority of cases.
"Skilled immigrants have waited patiently for 2+ years"
Are we just talking about 2 yrs to see if there is going to be some reform?
If you don't want to get into the trouble of debating how many years, just say that it is unreasonable....
The best solution is to write the years you spent on F1 and H1B. You can add your additional pains also.
This will change each email also.
If only wait times were as little as 2 yrs and 7 yrs...I might not even be fighting!!!
"Currently it takes 7+ years (after 2+ years on student visa) to become a resident."
This is not true in most cases. The F1 might be for 2 yrs minimum + 1 year EAD + at least 2 yrs on H1B before the GC process starts. Then its 7+ years...
So overall, we are talking 10+ years to get permanant residency in a majority of cases.
"Skilled immigrants have waited patiently for 2+ years"
Are we just talking about 2 yrs to see if there is going to be some reform?
If you don't want to get into the trouble of debating how many years, just say that it is unreasonable....
The best solution is to write the years you spent on F1 and H1B. You can add your additional pains also.
This will change each email also.
eb3_nepa
04-25 01:04 PM
So what happens to people who already have a PD based on the labor(LC) date?
I dont want to go a step back in the line just cuz someone who had been lethargic all his life just woke up on his last day of his 6th year and goes "Ohh you know what I think I might be interested in a GC" ,when I had planned or had the *intent* to apply for a GC a few years before by applying for LC.
I agree. Also it will be a MONUMENTAL fiasco at the UCSIS and DOL. How do we forsee changing existing applicants' PDs. That will be atleast a 4-6 month backlog and i am being optimistic here.
I dont want to go a step back in the line just cuz someone who had been lethargic all his life just woke up on his last day of his 6th year and goes "Ohh you know what I think I might be interested in a GC" ,when I had planned or had the *intent* to apply for a GC a few years before by applying for LC.
I agree. Also it will be a MONUMENTAL fiasco at the UCSIS and DOL. How do we forsee changing existing applicants' PDs. That will be atleast a 4-6 month backlog and i am being optimistic here.
more...
HRPRO
02-23 04:31 PM
Well, I had a Infopass last week to check on a Soft LUD on my I-140, I heard slightly different story, they did not say adjudicating the EB application, but Process the EB application, which I guess what they were saying is pre-adjudicating the cases, in the last few weeks with lot of cases being transferred (both EB2/EB3) to different offices, pre-adjudicating the cases makes sense....but hey, we are talking about USCIS here, we never know, whatever you heard could be true too......
One piece of information that made me happy reading your comment was "a directive from the DHS/USCIS that they want to separate the legal stuff from the illegal stuff", this is good news.....but wondering what does legal/illegal mean to USCIS anyway......and how does it help us from retrogression point of view??
What is LUD
One piece of information that made me happy reading your comment was "a directive from the DHS/USCIS that they want to separate the legal stuff from the illegal stuff", this is good news.....but wondering what does legal/illegal mean to USCIS anyway......and how does it help us from retrogression point of view??
What is LUD
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rajuram
05-24 10:42 PM
Thanks for the information. Bills come and go every year, hard to count how many we have seen go up in the air in the last 3 years.
We are talking about HR 5882,5921 and 6039. Very few people are working very hard to take all of us a step ahead with the GC process and we have lots of hope and we also have direction. Please check with your state chapter lead for latest updates.
We are talking about HR 5882,5921 and 6039. Very few people are working very hard to take all of us a step ahead with the GC process and we have lots of hope and we also have direction. Please check with your state chapter lead for latest updates.
more...
sanjay
07-06 11:08 AM
While IV is a big organization with 20K+ members, I haven't seen the transparency, All I have seen is tons of threads being created requesting members to donate money, However Is there any transparency in the way the money is being spent the answer is a Big NO.
Is IV a big organization ? Yes. Definitely. With more than 20K members it is a big org.
But what transparency do you or we need about contribution money ?
Overall I had not seen monthly contribution going more than 2 - 3 K per month in last 3 years. And I think that would be enough to maintain the server and software cost, that too if spend very carefully. Cause we have more threads than contributions and it does costs to maintain and keep servers / Software up.
Now ask yourself ! ! !
Do I need to know the expenditure report ? My answer would be NO.
Is IV a big organization ? Yes. Definitely. With more than 20K members it is a big org.
But what transparency do you or we need about contribution money ?
Overall I had not seen monthly contribution going more than 2 - 3 K per month in last 3 years. And I think that would be enough to maintain the server and software cost, that too if spend very carefully. Cause we have more threads than contributions and it does costs to maintain and keep servers / Software up.
Now ask yourself ! ! !
Do I need to know the expenditure report ? My answer would be NO.
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Mouns
04-30 03:26 PM
Due to 9/11?
Do you understand the frustration among people who want to make this work and who want to defend the system?
In other way, what good is there to follow the law while illegals have it easier?
Great question!
--- Answer
yes we understand (sure...). Two kinds of backlogs:
1) Processing backlogs, due to the surge and other issues. We try to provide services timely, we understand our responsibility (no info as to what is being done and how this will change in the future)
2) Limitations due to law: (PDs). Demands is greater than the visa numbers (China, India, Mexico, Philipine: You are screwed here!) => 20 years or more of waiting.
Do you understand the frustration among people who want to make this work and who want to defend the system?
In other way, what good is there to follow the law while illegals have it easier?
Great question!
--- Answer
yes we understand (sure...). Two kinds of backlogs:
1) Processing backlogs, due to the surge and other issues. We try to provide services timely, we understand our responsibility (no info as to what is being done and how this will change in the future)
2) Limitations due to law: (PDs). Demands is greater than the visa numbers (China, India, Mexico, Philipine: You are screwed here!) => 20 years or more of waiting.
more...
bbct
02-18 04:24 PM
I agree. Mine is December 15, 2005.
Mine too is the same. I hope we are not from the same company. I remember, I had to fight asking my employer to file the labor since they were delaying without giving any reason and they did filed a bunch of labors on the same day.
Mine too is the same. I hope we are not from the same company. I remember, I had to fight asking my employer to file the labor since they were delaying without giving any reason and they did filed a bunch of labors on the same day.
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ItIsNotFunny
11-21 05:08 PM
You are correct Chandu. I confirmed with attorney based on some discussion going on in other thread that made me concerned. H1B and GC are complete independent for status.
I think you are wrong ( I just think)
H1b and AOS are two differnt things and are not coupled. A yearly h1b extension beyond 6 years is given if you have a Labor pending for more than an year or pending 140 more than one year and a 3 year h1b extension is granted if you have an approved 140.
So the basis of getting a h1b extension or transfer is 140 and not AOS. One may not have even applied for AOS but can get h1 extensions as long as the above conditions are satisfied.
This is based on what I know. Thats why Attorneys prefer h1b compared to EAd because h1b essentially gives time for you to change jobs/apply for new GC petition in case existing petition has tons of issues etc...
I think you are wrong ( I just think)
H1b and AOS are two differnt things and are not coupled. A yearly h1b extension beyond 6 years is given if you have a Labor pending for more than an year or pending 140 more than one year and a 3 year h1b extension is granted if you have an approved 140.
So the basis of getting a h1b extension or transfer is 140 and not AOS. One may not have even applied for AOS but can get h1 extensions as long as the above conditions are satisfied.
This is based on what I know. Thats why Attorneys prefer h1b compared to EAd because h1b essentially gives time for you to change jobs/apply for new GC petition in case existing petition has tons of issues etc...
more...
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inspectorfox
09-27 09:57 AM
NY WILL ISSUE DRIVER’S LICENSES REGARDLESS OF IMMIGRATION STATUS...
http://www.nytimes.com/2007/09/22/nyregion/22licenses.html
Legal immigrants carry on suffering... My NJ Drivers License expires tomorrow and my H1B extension just got approved yesterday. NJ DMV won't renew my license without the original approval notice and I may have to take the written test again once the license expires.,
http://www.nytimes.com/2007/09/22/nyregion/22licenses.html
Legal immigrants carry on suffering... My NJ Drivers License expires tomorrow and my H1B extension just got approved yesterday. NJ DMV won't renew my license without the original approval notice and I may have to take the written test again once the license expires.,
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shantak
07-18 01:33 PM
I made the next payment of $100.00
Google Order:613953234192030
Total Contributions: $350.00
I will contribute more periodically
Thanks
Google Order:613953234192030
Total Contributions: $350.00
I will contribute more periodically
Thanks
more...
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SkilledWorker4GC
07-15 02:50 PM
Total So far 1340.00. We are Well short of our target of 2000.00. Let's Go Guys. $5 to IV = Hope for GC = Subway FootLong Sub.
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Legal
06-03 09:20 AM
:rolleyes:
http://www.aila.org/content/default.aspx?docid=22481
may address this issue. Look at page 3 of this AILA post. Even AILA's interpretation is not that clear.
http://www.aila.org/content/default.aspx?docid=22481
may address this issue. Look at page 3 of this AILA post. Even AILA's interpretation is not that clear.
more...
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kartikiran
07-11 11:07 AM
Not to put any dampers here, but this is extremely frustrating for the EB3 India folks. I mean how freakin long do WE have to wait before we get our turn!
I agree with eb3_nepa...waiting with EB3 PD March 2002..original labor certification...people who applied after me getting citizenships...it is frustrating.
I agree with eb3_nepa...waiting with EB3 PD March 2002..original labor certification...people who applied after me getting citizenships...it is frustrating.
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stucklabor
03-09 11:23 AM
Sen says: should make methods, process easy for employment authorization...
They have at least steered off the illegal immig issues for now...:)
Is this employment authorization re: the EADs we get, or employment authorization in general for immigrants?
They have at least steered off the illegal immig issues for now...:)
Is this employment authorization re: the EADs we get, or employment authorization in general for immigrants?
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ash0210
06-02 05:24 PM
As per USCIS, childrens are aged out after they becomes 21 and their I-485 could be rejected.
However, your child is safe, if I-140 of primary beneficiery is aproved & you have filed I-485 of your child. Age of child is calculated as - Date on his/her I-485 filed minus period/time required for I-140 approval. e.g. when you filed childs I-485, age of child was 19 and your I-140 approval took say 8 months then your childs age is "locked" at 18 years 3 months. I was in a same situation but my child turn out to be safe as I filed his I-485 immediatly after PD become current. Couple of months back I received letter from USCIS that my son is safe though he become 21.
In a situation like I-140 & I-485 is NOT filed for Primary beneficiary becomes tricky as uncertinity of I-140 approval and then PD to become current to file I-485 and to calculate "Lock out" age for the child.
Best way is file I-140 file immediatly & file I-485 for child immediatly if PD is current.
Pl be advised to consult your immigration lawyer...
Hi my son is going to turn 21 on June 6th, we had applied for EB3 labor certificate on in July and the priority date is july 19, 2005. The I-140 was applied and approved in a month, therefore he will turn 21 next month on the 6th because the subtraction of one month from his age due to delay by USCIS in processing the I-140. My question is that is there any sort of help for EB retrogression for the children affected, and may get aged-out. As well as any other way that my son can apply for his I-485.
Thanks
However, your child is safe, if I-140 of primary beneficiery is aproved & you have filed I-485 of your child. Age of child is calculated as - Date on his/her I-485 filed minus period/time required for I-140 approval. e.g. when you filed childs I-485, age of child was 19 and your I-140 approval took say 8 months then your childs age is "locked" at 18 years 3 months. I was in a same situation but my child turn out to be safe as I filed his I-485 immediatly after PD become current. Couple of months back I received letter from USCIS that my son is safe though he become 21.
In a situation like I-140 & I-485 is NOT filed for Primary beneficiary becomes tricky as uncertinity of I-140 approval and then PD to become current to file I-485 and to calculate "Lock out" age for the child.
Best way is file I-140 file immediatly & file I-485 for child immediatly if PD is current.
Pl be advised to consult your immigration lawyer...
Hi my son is going to turn 21 on June 6th, we had applied for EB3 labor certificate on in July and the priority date is july 19, 2005. The I-140 was applied and approved in a month, therefore he will turn 21 next month on the 6th because the subtraction of one month from his age due to delay by USCIS in processing the I-140. My question is that is there any sort of help for EB retrogression for the children affected, and may get aged-out. As well as any other way that my son can apply for his I-485.
Thanks
texanguy
09-10 05:23 PM
What this means, is that the december visa bulletin is the correct time to expect a major jump on the priority date. since the leftover visas (EB1 & EB2) from other countries for the first quarter will be used for the oversubscribed countries.
Considering 7% country quota and 26.7% EB2 quota of 140k, we get 2800 visa for EB2 annually. For first month this number comes out to be 234. Considering 1.2 dependents this means 106 families get GC under EB2.
I am sure they have more than 106 cases before the cutoff of 1 April 2003. This may also include people delayed by background checks.
Considering 7% country quota and 26.7% EB2 quota of 140k, we get 2800 visa for EB2 annually. For first month this number comes out to be 234. Considering 1.2 dependents this means 106 families get GC under EB2.
I am sure they have more than 106 cases before the cutoff of 1 April 2003. This may also include people delayed by background checks.
Libra
09-11 09:14 PM
zinchak thank you for your contribution.
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