gc_on_demand
06-12 01:15 PM
Please call lawmakers for our own cause.
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indianindian2006
12-09 10:21 AM
Can somebody please explain what does LUD stand for ? Thanks in advance.
lud--last updated date
lud--last updated date
GC_sufferer
07-10 11:30 AM
Someone asked about source on his website, and his response is:
"I really can't go in to details, but the information is reliable."
"I really can't go in to details, but the information is reliable."
2011 Cold Moon Full Moon Hash #94
div_bell_2003
10-30 06:31 PM
Hmm , interesting ... I have two EB2 I-140 from the same company as well , one for March 05 (non-RIR->BEC->RIR->approved) and the other for Sep 06 (PERM) and according to my attorney my March 05 PD is applied to my 485.
I was just sitting with both hands together since my dates are not yet current, may be I should call NSC and make sure the correct PD is assigned to my case. So you just call (T/N)SC using POJ method and ask a polite IO about this if you get hold of one ? would an infopass help ?
I was just sitting with both hands together since my dates are not yet current, may be I should call NSC and make sure the correct PD is assigned to my case. So you just call (T/N)SC using POJ method and ask a polite IO about this if you get hold of one ? would an infopass help ?
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gjoe
11-01 03:52 PM
If we can understand why most of us want a GC we can understand the poll better.
In my opinion most of us here want the GC because we want to change jobs for better pay, better professional growth, to live in a better place, better work environment, etc, the list can be endless. ( I guess if you don't have all these then you don't have freedom)
If we can get our GC's no matter with which employer we work as long as we do our job ( as mentioned in our LC) we will not be bothered too much about our GC process ( We are dependent on our employer sponsoriing our GC so we are not independent)
I can say atleast half of us who are waiting for the GC don't have any ambitions as of now to take active role in building this society, if we really had such we can do that at our home countries too.
Like someone said in this thread " Reverse Brain Drain " is an empty slogan if we use ourselves call ourselves the brain which America needs to keep it going.
In my opinion most of us here want the GC because we want to change jobs for better pay, better professional growth, to live in a better place, better work environment, etc, the list can be endless. ( I guess if you don't have all these then you don't have freedom)
If we can get our GC's no matter with which employer we work as long as we do our job ( as mentioned in our LC) we will not be bothered too much about our GC process ( We are dependent on our employer sponsoriing our GC so we are not independent)
I can say atleast half of us who are waiting for the GC don't have any ambitions as of now to take active role in building this society, if we really had such we can do that at our home countries too.
Like someone said in this thread " Reverse Brain Drain " is an empty slogan if we use ourselves call ourselves the brain which America needs to keep it going.
krishmunn
04-02 09:18 PM
Unfotunately what you are saying sounds cool except that its not true.
Job offer has to be valid on the day petition filed or the specific date mentioned.
If the job offer no longer exist, employer need to withdraw the H1. Until and unless employer does so, he is on hook to pay the employee.
The only argument against employee here is , employee did not report to work. If employee can prove (through email copies etc) that he actually tried to report but employer barred him, employer must pay the wage till the date H1 was sent for withdrawal.
Filing an H1 means that a job offer exist as of the day requested in the petition . For example, if the petition has a start date of Oct 1, 2010, and the petition is not withdrawn, employer is stating that he has a valid job opening starting October 1. No additional job offer/invite is required. The only time such invite *May Be* required (at PoE) is if the employee is travelling much later than the start date specified in the Petition.
Job offer has to be valid on the day petition filed or the specific date mentioned.
If the job offer no longer exist, employer need to withdraw the H1. Until and unless employer does so, he is on hook to pay the employee.
The only argument against employee here is , employee did not report to work. If employee can prove (through email copies etc) that he actually tried to report but employer barred him, employer must pay the wage till the date H1 was sent for withdrawal.
Filing an H1 means that a job offer exist as of the day requested in the petition . For example, if the petition has a start date of Oct 1, 2010, and the petition is not withdrawn, employer is stating that he has a valid job opening starting October 1. No additional job offer/invite is required. The only time such invite *May Be* required (at PoE) is if the employee is travelling much later than the start date specified in the Petition.
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smuggymba
01-21 10:10 AM
How a consulting firm will control the work for 3 years for a client in advance, this is called subcontracting of work not consulting.
The plan is to start the selective targetting at some point and then work all the way up.
I'm surprised there is no opposition to jobs that illegals take and Green Card lottery.
People are only after people who make more money. Jelousy. That's it.
The plan is to start the selective targetting at some point and then work all the way up.
I'm surprised there is no opposition to jobs that illegals take and Green Card lottery.
People are only after people who make more money. Jelousy. That's it.
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snvlgopal
03-30 02:56 PM
Recently i got 3 LUD's on Feb 26, March 27 and today March 30
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patbose
06-16 01:44 PM
Just got done calling all the reps. Here's hoping for the best.
Thanks
PB
Thanks
PB
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gc28262
04-27 10:01 AM
http://www.moneycontrol.com/india/news/business/dont-see-new-h1b-proposal-turning-intoact-nasscom/395009
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unitednations
03-31 12:06 PM
UnitedNations,
Whatever be the shift in policy, they cannot go against the AC21 law, which is if the job is in similar classification then the applicant can use portability if the underlying I-140 is revoked. Also you must have seen the latest yates memo , link, http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
If you see Q.11 it asks,
Question 11. When is an I-140 no longer valid for porting purposes?
Answer: An I-140 is no longer valid for porting purposes when:
A. an I-140 is withdrawn before the alien�s I-485 has been pending 180 days, or
B. an I-140 is denied or revoked at any time except when it is revoked based on a withdrawal that was submitted after an I-485 has been pending for 180 days.
Answer B seems pretty vague. How do you interpret this?
Also can you tell, if the case you are referring to is based in TSC or NSC. I have seen cases where TSC applicants are facing this kind of situations more.
We have to understand that there is a myriad of laws; INA, CFR's; USCIS policy binding memos; internal memos; appeals decisions, court cases, precedent aao decisions, precedent legal cases.
Now; the ac21 memo is a memo that uscis officers have to follow. However; the memo is not in accordanc with INA 245 or AC21.
INA 245 states that a valid and approved 140 is needed for a person to get lawful permanent residency.
ac21 says that a person can change jobs after 485 has been pending for more then 180 days.
The above two things are the law.
In ac21 law; it doesn't say anything about the scenario if 140 is revoked by employer. It is totally silent to it.
USCIS in their memos realized that ac21 law would not have any meaning if the employer still controlled the 140 if a person was eligible for ac21; therefore, they issued the memo (memo is not law but binding; memos can be changed; however, there has been nothing public about any possible change).
Memo is clarification which they have been following for many years and as far as I know still binding.
Whatever be the shift in policy, they cannot go against the AC21 law, which is if the job is in similar classification then the applicant can use portability if the underlying I-140 is revoked. Also you must have seen the latest yates memo , link, http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
If you see Q.11 it asks,
Question 11. When is an I-140 no longer valid for porting purposes?
Answer: An I-140 is no longer valid for porting purposes when:
A. an I-140 is withdrawn before the alien�s I-485 has been pending 180 days, or
B. an I-140 is denied or revoked at any time except when it is revoked based on a withdrawal that was submitted after an I-485 has been pending for 180 days.
Answer B seems pretty vague. How do you interpret this?
Also can you tell, if the case you are referring to is based in TSC or NSC. I have seen cases where TSC applicants are facing this kind of situations more.
We have to understand that there is a myriad of laws; INA, CFR's; USCIS policy binding memos; internal memos; appeals decisions, court cases, precedent aao decisions, precedent legal cases.
Now; the ac21 memo is a memo that uscis officers have to follow. However; the memo is not in accordanc with INA 245 or AC21.
INA 245 states that a valid and approved 140 is needed for a person to get lawful permanent residency.
ac21 says that a person can change jobs after 485 has been pending for more then 180 days.
The above two things are the law.
In ac21 law; it doesn't say anything about the scenario if 140 is revoked by employer. It is totally silent to it.
USCIS in their memos realized that ac21 law would not have any meaning if the employer still controlled the 140 if a person was eligible for ac21; therefore, they issued the memo (memo is not law but binding; memos can be changed; however, there has been nothing public about any possible change).
Memo is clarification which they have been following for many years and as far as I know still binding.
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NYImmigrant
10-16 10:09 AM
I hope they do something about this name check mess soon. I filed 485 in July 2003 and have been current for years now... Just stuck in the whole name check mess.
I even completed the interview for my employment based 485 more than 19 months ago. I do not know what else they want ?
EB3 India PD: March 2001.
I even completed the interview for my employment based 485 more than 19 months ago. I do not know what else they want ?
EB3 India PD: March 2001.
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sc3
06-12 03:02 PM
See the following link for explanation:
http://travel.state.gov/visa/frvi/bulletin/bulletin_4252.html
Excerpt from above link
EMPLOYMENT-BASED PREFERENCES
First: Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.
Second: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.
Third: Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to "Other Workers".
Fourth: Certain Special Immigrants: 7.1% of the worldwide level.
Fifth: Employment Creation: 7.1% of the worldwide level, not less than 3,000 of which reserved for investors in a targeted rural or high-unemployment area, and 3,000 set aside for investors in regional centers by Sec. 610 of P.L. 102-395.
Exactly, everywhere the language is similar.
If EB3 were to get only the leftover numbers after EB2 is finished, the statement would read "...not required by second preference", because the statement in EB2's paragraph "not required by first preference" would add to Eb2 numbers (and may no longer be differentiated as EB1 rollover numbers). So a statement in EB3 along the lines of "not required by second preference" will clearly say that rollover from EB1 is to EB2 only. And any further rollover from EB2 will be considered depending on the demand for EB2.
http://travel.state.gov/visa/frvi/bulletin/bulletin_4252.html
Excerpt from above link
EMPLOYMENT-BASED PREFERENCES
First: Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.
Second: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.
Third: Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to "Other Workers".
Fourth: Certain Special Immigrants: 7.1% of the worldwide level.
Fifth: Employment Creation: 7.1% of the worldwide level, not less than 3,000 of which reserved for investors in a targeted rural or high-unemployment area, and 3,000 set aside for investors in regional centers by Sec. 610 of P.L. 102-395.
Exactly, everywhere the language is similar.
If EB3 were to get only the leftover numbers after EB2 is finished, the statement would read "...not required by second preference", because the statement in EB2's paragraph "not required by first preference" would add to Eb2 numbers (and may no longer be differentiated as EB1 rollover numbers). So a statement in EB3 along the lines of "not required by second preference" will clearly say that rollover from EB1 is to EB2 only. And any further rollover from EB2 will be considered depending on the demand for EB2.
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Raju
04-07 03:31 PM
I made four of my friends to contribute and I ask you guys to urge your friends. I guess, you may not be able to contribute $500, but you certainly can try to make 4 of your friends to contribute
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vikki76
02-01 04:14 PM
There are lot of people from different countries who have exploited asylum system as well.
I actually admire indian graduates of different streams who are able to transfer to computer science so easily.Maybe it is education in basic sciences and Maths earlier.
Sure, there are not Nobel prize winners within our community, but generally, some how, people are able to deliver what is expected of them.If consultants are not of high quality,Hiring companies fire them easily.As it is,there is strong anti H1-B propanganda going on,so if anything we discuss here,can be picked up external groups.
I actually admire indian graduates of different streams who are able to transfer to computer science so easily.Maybe it is education in basic sciences and Maths earlier.
Sure, there are not Nobel prize winners within our community, but generally, some how, people are able to deliver what is expected of them.If consultants are not of high quality,Hiring companies fire them easily.As it is,there is strong anti H1-B propanganda going on,so if anything we discuss here,can be picked up external groups.
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trueguy
08-12 01:11 PM
Now the country limit rule applies only to EB3-I and EB3-C.
Since EB2-ROW is always current, all the spillover goes to EB3-I/C and so they are not affected by per country limit rule.
EB3-I is the only sufferring category. Guys, we have to do something. Any suggestions on how to voice our concerns?
Since EB2-ROW is always current, all the spillover goes to EB3-I/C and so they are not affected by per country limit rule.
EB3-I is the only sufferring category. Guys, we have to do something. Any suggestions on how to voice our concerns?
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Aloha1
11-21 08:24 PM
My case I-485 (marriage based) was received in Oct 2005, NC initiated Nov 2005, interviewed Feb 2006, pending name check since.
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desi3933
01-28 04:53 PM
...If USCIS memo contradicts INA, INA prevails.
I agree with you. Only court can decide whether this memo has incorrect interpretation of INA laws or not. Until then, this memo is valid.
__________________
Not a legal advice.
I agree with you. Only court can decide whether this memo has incorrect interpretation of INA laws or not. Until then, this memo is valid.
__________________
Not a legal advice.
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shahuja
02-06 11:20 AM
i call embassy every day...they say under processing..VO has your case/pp..
my DOS approval was most probably done on 29th jan..so its been 6 working days and still embassy is not giving a positive response..
what now ??
my DOS approval was most probably done on 29th jan..so its been 6 working days and still embassy is not giving a positive response..
what now ??
rajuram
02-06 11:24 PM
Core members please ignore such posts. Please continue with your great work.
Purplehazea:
I didnt know you have such doubts about the efforts of IV and its goals.
Anyways, have you every picked up the phone and called us to ask us what we are doing at that moment? What we did last week, what's our plan next week? You know, there is a phone number listed at several places on the website. That phone never rings. Oh yes, never. So who come you never seek answers where you can get them?
We have told several times, that we dont have time to keep everyone in loop about everything we do in DC, including every time we meet some staffer or someone. Sorry, that's just how it is.
Last week, Aman was in DC on Thursday and Friday (Jan 25 and 26) and had meetings with 3 senate staffers who work on Immigration. Then he went to India, then he came back straight to DC monday morning and since yesterday, he has met with 2 more staffers, our lobbyists.
We are also trying to find out about the schedule A rumor and if its true, to have the recaptured visas go to all categories not just schedule A.
So there, you have your update? If you want to know more, then call us on the phone.
And this update is the kind of update we dont usually post on forums. This is mundane advocacy stuff. Find me one organization that gives hour by hour update of what they are doing.
If you dont trust us, what are you doing here. Why dont you join the "bash IV" party at immigration portal and enjoy criticizing the arrogant IV core and its stupid blind followers. I am sure you will find many enlightened fellows like over at portal who are smart enough not to follow or believe in IV.
Purplehazea:
I didnt know you have such doubts about the efforts of IV and its goals.
Anyways, have you every picked up the phone and called us to ask us what we are doing at that moment? What we did last week, what's our plan next week? You know, there is a phone number listed at several places on the website. That phone never rings. Oh yes, never. So who come you never seek answers where you can get them?
We have told several times, that we dont have time to keep everyone in loop about everything we do in DC, including every time we meet some staffer or someone. Sorry, that's just how it is.
Last week, Aman was in DC on Thursday and Friday (Jan 25 and 26) and had meetings with 3 senate staffers who work on Immigration. Then he went to India, then he came back straight to DC monday morning and since yesterday, he has met with 2 more staffers, our lobbyists.
We are also trying to find out about the schedule A rumor and if its true, to have the recaptured visas go to all categories not just schedule A.
So there, you have your update? If you want to know more, then call us on the phone.
And this update is the kind of update we dont usually post on forums. This is mundane advocacy stuff. Find me one organization that gives hour by hour update of what they are doing.
If you dont trust us, what are you doing here. Why dont you join the "bash IV" party at immigration portal and enjoy criticizing the arrogant IV core and its stupid blind followers. I am sure you will find many enlightened fellows like over at portal who are smart enough not to follow or believe in IV.
Vexir
06-19 10:36 PM
Bah. Skinned the stupid click wheel. What is it with you guys and the click wheel.. IT DOESNT WANT TO BE PAINTED
