santb1975
02-01 04:09 PM
Obama made a statement last night we should fix the Borken Legal Immigration System. I thought he knew about it. Thanks for the Ideas. I am going to ask a question about the yearly cap of 140K for EB Green cards
Clinton, Romney & McCain know about EB GC problems; they may not know some low level details. I don't know about Obama.
The questions are very very simple.
What do you plan to do about administrative delays (like labor, namecheck, ...)?
This can be done by the Prez alone!
What do you plan to do about the yearly cRap of 140K?
There is no cRap on F1. There is no cRap on persons hired. Why should there be a cRap on GC?
I-485 approval should mean GC!
This needs congressional legislation!
If retrogression drags then H-1B rules (like pay stubs etc) should not be applicable!
This MAY need congressional legislation!
Clinton, Romney & McCain know about EB GC problems; they may not know some low level details. I don't know about Obama.
The questions are very very simple.
What do you plan to do about administrative delays (like labor, namecheck, ...)?
This can be done by the Prez alone!
What do you plan to do about the yearly cRap of 140K?
There is no cRap on F1. There is no cRap on persons hired. Why should there be a cRap on GC?
I-485 approval should mean GC!
This needs congressional legislation!
If retrogression drags then H-1B rules (like pay stubs etc) should not be applicable!
This MAY need congressional legislation!
wallpaper Cut two strips of ribbon (one
JazzByTheBay
07-17 10:08 PM
Let's pick up where we left off before this July 2 visa bulletin debacle (and the resulting struggle). Though the whole fiasco did get us our first taste of success, imho, and as such isn't insignificant by any measure.
Jazz
we seized on an opportunity and won a battle.
the war is still to be one.
there is no way this over. we will fight till retrogression ends.
Jazz
we seized on an opportunity and won a battle.
the war is still to be one.
there is no way this over. we will fight till retrogression ends.
ryan
04-19 09:46 PM
Found one more without good education.
LOL! You are pathetic, aren't you. You judge people, yet know little about them. I am a Stern MBA alumni. And I vouch, it didn't bring me much. Education isn't the end all / know it all, when it comes to getting your job done. Thought and those brain cells count. Respect, and the ability to never undermine those who are in the same boat as you, count even more. But hey, do attempt that "Masters" -- perhaps you shall grow up.
LOL! You are pathetic, aren't you. You judge people, yet know little about them. I am a Stern MBA alumni. And I vouch, it didn't bring me much. Education isn't the end all / know it all, when it comes to getting your job done. Thought and those brain cells count. Respect, and the ability to never undermine those who are in the same boat as you, count even more. But hey, do attempt that "Masters" -- perhaps you shall grow up.
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Robert Kumar
04-19 05:26 PM
Actually I know someone who got it even faster.
This Pakistani guy came to the US in 2004 fresh off boat to do Masters. Completed Masters by mid 2005, immediately landed job at MS, they started his GC immediately in EB2 ROW and by end of 2005 he had GC in hand. It was ridiculous.
How many days is it taking for labor to clear these days.
This Pakistani guy came to the US in 2004 fresh off boat to do Masters. Completed Masters by mid 2005, immediately landed job at MS, they started his GC immediately in EB2 ROW and by end of 2005 he had GC in hand. It was ridiculous.
How many days is it taking for labor to clear these days.
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add78
04-27 02:06 PM
Please stop H1 Vs L1 discussion and do not support those who aim to divide this community on various visa types, categories, nationalities etc. Any further attempts by any member in this direction will result in ban. We would appreciate if you read the bill posted by IV and provide some analysis on its content on this thread.
Pappu,
I went through the text of the new bill vis-a-vis current INA and compared the old and the proposed act. Here are the findings -
Section 101 - This spells disaster for all H1Bs in consulting companies (as FT or C2C) -
by striking clause (ii) of sub-paragraph (E) of the section 212(n)(1), and then adding the new clauses under (F), they are PROHIBITING placement of H1B employees on another employer's site, period. This will affect NOT ONLY pure staffing (desi or non-desi) companies who place their W-2 H1B employees at client site, BUT ALSO big consulting companies like IBM/ACCENTURE/DELOITTE et al. No placement/leasing/outsourcing/contracting for services or otherwise at another employer, period - UNLESS a waiver is obtained, which will mean every company will need to obtain a waiver in order to do so, EFFECTIVELY ENDING ANY CONSULTING BY H1B.
Section 102 - This spells disaster for all companies who's H1B+L1 > 50% total employees
by inserting two new clauses (H) and (I) in section 212(n)(1), it prohibits H1B only or H1B preferred advertisements and prevents any company that employees more than 50 employees to submit NEW H1B/L1 application IF the total number of H1B and L1 employees exceeds 50% of its total employees. It also requires ANY company employing even a single H1B employee to submit W-2s of IRS. This affects ALL Indian IT companies like TCS/WIPRO/INFOSYS/COGNIZANT et al.
remaining sections (103 onwards) are more about enforcement and investigations.
Section 201 - This spells disaster for companies that bring in workers on L visas
This also affects ALL Indian IT companies like TCS/WIPRO/INFOSYS/COGNIZANT et al. AS WELL AS some other companies that might bring in workers from their home country.
IN SUMMARY -
In the SHORT RUN, this hurts outsourcing industry, as they need more time, and H1B/L1 resources on site to transition the work offshore, but I agree that in the LONG RUN, it will GREATLY BENEFIT AND INCREASE OUTSOURCING.
That will indeed be a sad day. Grassley and Durbin are trying to cut the branch they are sitting on. :) This will have the exact opposite of their desired effect.
Hope this helps.
Pappu,
I went through the text of the new bill vis-a-vis current INA and compared the old and the proposed act. Here are the findings -
Section 101 - This spells disaster for all H1Bs in consulting companies (as FT or C2C) -
by striking clause (ii) of sub-paragraph (E) of the section 212(n)(1), and then adding the new clauses under (F), they are PROHIBITING placement of H1B employees on another employer's site, period. This will affect NOT ONLY pure staffing (desi or non-desi) companies who place their W-2 H1B employees at client site, BUT ALSO big consulting companies like IBM/ACCENTURE/DELOITTE et al. No placement/leasing/outsourcing/contracting for services or otherwise at another employer, period - UNLESS a waiver is obtained, which will mean every company will need to obtain a waiver in order to do so, EFFECTIVELY ENDING ANY CONSULTING BY H1B.
Section 102 - This spells disaster for all companies who's H1B+L1 > 50% total employees
by inserting two new clauses (H) and (I) in section 212(n)(1), it prohibits H1B only or H1B preferred advertisements and prevents any company that employees more than 50 employees to submit NEW H1B/L1 application IF the total number of H1B and L1 employees exceeds 50% of its total employees. It also requires ANY company employing even a single H1B employee to submit W-2s of IRS. This affects ALL Indian IT companies like TCS/WIPRO/INFOSYS/COGNIZANT et al.
remaining sections (103 onwards) are more about enforcement and investigations.
Section 201 - This spells disaster for companies that bring in workers on L visas
This also affects ALL Indian IT companies like TCS/WIPRO/INFOSYS/COGNIZANT et al. AS WELL AS some other companies that might bring in workers from their home country.
IN SUMMARY -
In the SHORT RUN, this hurts outsourcing industry, as they need more time, and H1B/L1 resources on site to transition the work offshore, but I agree that in the LONG RUN, it will GREATLY BENEFIT AND INCREASE OUTSOURCING.
That will indeed be a sad day. Grassley and Durbin are trying to cut the branch they are sitting on. :) This will have the exact opposite of their desired effect.
Hope this helps.
ajs4123
11-01 12:51 PM
I also got email from CRIS last night stating that my I-129 has been reopened.
I have a very simple immigration history:
I-129 filed and approved April 2005, petition expires 3/30/2008; only ever worked for this same company.
No H-1B extensions ever filed, no H-1B transfers ever done, no previous history of US immigration prior to April 2005.
Labor, I-140 and I-485 were filed November 2006; I-140 approved February 2007, I-485 approved June 2007, EB2 green card arrived June 2007.
There was a LUD on the I-140, in August, but that was about the same time as a bunch of other people got LUDs on cases starting SRC07... seems like I can disregard that.
There was also a LUD on the I-129 without a status change later in August. No explanation for that was apparent.
And now I get a notice on 10/23/2007 saying that the I-129 has been re-opened and that something will happen within the next 30 days. I'll be sure to keep you all updated if I get anything like an actual I-797 notice through the mail.
Did anyone else get anything on October 23rd?
Ok, so we figured it out. The case really has been re-opened... soon after I got the GC, apparently the attorneys wrote to USCIS and informed them that I'd no longer be working for my company in H status but rather in LPR status.
They asked USCIS to withdraw the LCA and the I-129 petition, so it's normal that the case eventually gets re-opened.
We're expected that USCIS will subsequently revoke the original I-129 sometime within the 30 day period that CRIS mentioned.
If anyone else is in the same boat, there's nothing at all to worry about... as long as your current status remains valid.
Any idea why it's important for the attorneys to notify USCIS that I'm no longer a H worker? The petition would expire next March anyway...
I have a very simple immigration history:
I-129 filed and approved April 2005, petition expires 3/30/2008; only ever worked for this same company.
No H-1B extensions ever filed, no H-1B transfers ever done, no previous history of US immigration prior to April 2005.
Labor, I-140 and I-485 were filed November 2006; I-140 approved February 2007, I-485 approved June 2007, EB2 green card arrived June 2007.
There was a LUD on the I-140, in August, but that was about the same time as a bunch of other people got LUDs on cases starting SRC07... seems like I can disregard that.
There was also a LUD on the I-129 without a status change later in August. No explanation for that was apparent.
And now I get a notice on 10/23/2007 saying that the I-129 has been re-opened and that something will happen within the next 30 days. I'll be sure to keep you all updated if I get anything like an actual I-797 notice through the mail.
Did anyone else get anything on October 23rd?
Ok, so we figured it out. The case really has been re-opened... soon after I got the GC, apparently the attorneys wrote to USCIS and informed them that I'd no longer be working for my company in H status but rather in LPR status.
They asked USCIS to withdraw the LCA and the I-129 petition, so it's normal that the case eventually gets re-opened.
We're expected that USCIS will subsequently revoke the original I-129 sometime within the 30 day period that CRIS mentioned.
If anyone else is in the same boat, there's nothing at all to worry about... as long as your current status remains valid.
Any idea why it's important for the attorneys to notify USCIS that I'm no longer a H worker? The petition would expire next March anyway...
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sin94
03-30 04:35 PM
Question do we have to stop working upon receipt of the denial and wait until receipt of MTR? What are work options when a situation like this occurs
I have used ac21 and moved to a new employer and although my former employer have indicated that they will not revoke the approved I-140 (485 pending since Oct 07) if they do and USCIS does the same situation as described above for me & wife would I be out of status from that period?
Me being the primary applicant and wife the derivative are not using our H1's (I have 9 months remaining of my 6 year period and wife 3 years) I accepted a full time invoking Ac21 with the new company and joined using EAD. My wife has accepted a contract position using her EAD
I read somewhere that if you get a NOID and its the 485 gets rejected (even upon providing supporting documents) are we allowed to work during any of that period? what happens if we respond with MTR? how long will it normally take to respond?
ADVAthanksNCE :) to all
I have used ac21 and moved to a new employer and although my former employer have indicated that they will not revoke the approved I-140 (485 pending since Oct 07) if they do and USCIS does the same situation as described above for me & wife would I be out of status from that period?
Me being the primary applicant and wife the derivative are not using our H1's (I have 9 months remaining of my 6 year period and wife 3 years) I accepted a full time invoking Ac21 with the new company and joined using EAD. My wife has accepted a contract position using her EAD
I read somewhere that if you get a NOID and its the 485 gets rejected (even upon providing supporting documents) are we allowed to work during any of that period? what happens if we respond with MTR? how long will it normally take to respond?
ADVAthanksNCE :) to all
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MetteBB
06-08 11:51 AM
woooops... guess my spelling should undergo re-construction ;) will fix that straight away!
/mette
/mette
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number30
05-08 07:14 PM
Congrats DESI
US citizenship is a final stop for most/many immigrants. Post Sep 11, there has been a surge in nationalization applications because technically GC is like a long term visa to stay permanently. Therefore there is always a risk of losing GC because of DUI or other trivial or accidental issues etc.
Also post Sep 11, a lot of govt/sensitive projects that were available for GC only have been restricted to US Citizens. You lose a significant chunk of the available jobs market if you are a GC holder in the Maryland/DC/North Virgina area. In fact I know a lot of GC who kept their old passports but because of these hassles eventually decided for Naturalization.
Yes that is the one reason. Moreover i can get the Indian citizenship back by staying in India for 5 years on OCI card or PIO card. It is that simple. But Once i go back to India coming here is big problem. So I planned to take USC and Do an R2I later whenever i need or I want.
This week i became an USC after 9 years of stay in US. I can retain USC and stay in India. Came to US in 2000. Applied GC in 2002 Jan got the green card 2003 December with EB3
funny thing is While starting the Interview officer said " Oh you are a new immigrant" . I said I am here since year 2000. Officer replied you have just completed 5 years on Green card.
US citizenship is a final stop for most/many immigrants. Post Sep 11, there has been a surge in nationalization applications because technically GC is like a long term visa to stay permanently. Therefore there is always a risk of losing GC because of DUI or other trivial or accidental issues etc.
Also post Sep 11, a lot of govt/sensitive projects that were available for GC only have been restricted to US Citizens. You lose a significant chunk of the available jobs market if you are a GC holder in the Maryland/DC/North Virgina area. In fact I know a lot of GC who kept their old passports but because of these hassles eventually decided for Naturalization.
Yes that is the one reason. Moreover i can get the Indian citizenship back by staying in India for 5 years on OCI card or PIO card. It is that simple. But Once i go back to India coming here is big problem. So I planned to take USC and Do an R2I later whenever i need or I want.
This week i became an USC after 9 years of stay in US. I can retain USC and stay in India. Came to US in 2000. Applied GC in 2002 Jan got the green card 2003 December with EB3
funny thing is While starting the Interview officer said " Oh you are a new immigrant" . I said I am here since year 2000. Officer replied you have just completed 5 years on Green card.
hair -long-hair-1-0809-lgn.jpg
hope4gc
01-22 11:41 AM
Smisachu,
One more question for now
Do i need to apparoach an immigration lawyer and a CPA for setting up a company?
I have PMed you with some questions you have asked
Thanks
One more question for now
Do i need to apparoach an immigration lawyer and a CPA for setting up a company?
I have PMed you with some questions you have asked
Thanks
more...
santb1975
12-01 06:50 PM
I know you are a committed member and you contribute as well. You have been helping the holiday thread to be on the top too. I was talking about my IV holiday fund raising to one of my co-worker who is a US citizen and who does not have an Indian/ Asian ethnic background and he had mentioned to me you guys are 25,000 people and all of you are hard working legal immigrants. you dont need to go to anyone else for money. your group is financially very strong. If all of you put in 10$ each month you will have 250K funds available every month. What you should really work on is get every member to commit to that 10$ every month. What can we do to get every one of us put in that 10$ every month?
I have read my post couple of times before posting to avoid any mis-communication...but it's never possible to prevent I believe:)
I have a recurring contributions setup and also contributed what ever I could this holidays...probably will contribute more before the end of the season. My post is not about the Monthly contributions made by you, me or many others...who signed up.
It's about the ones' who cannot for what ever the reason may be....you and me pointing to the salaries or house-hold incomes will not help them join the wagon.
It's about increasing the donations irrespective of people joining the monthly-contributions scheme....Other viable options...may be having a IV donation boxes...in immigrant owned businesses....etc.
In an ideal world as you mentioned atleast 20000 of 25000 will contribute monthly....It's defintely good to aim for that....but that's not realistic.
I have read my post couple of times before posting to avoid any mis-communication...but it's never possible to prevent I believe:)
I have a recurring contributions setup and also contributed what ever I could this holidays...probably will contribute more before the end of the season. My post is not about the Monthly contributions made by you, me or many others...who signed up.
It's about the ones' who cannot for what ever the reason may be....you and me pointing to the salaries or house-hold incomes will not help them join the wagon.
It's about increasing the donations irrespective of people joining the monthly-contributions scheme....Other viable options...may be having a IV donation boxes...in immigrant owned businesses....etc.
In an ideal world as you mentioned atleast 20000 of 25000 will contribute monthly....It's defintely good to aim for that....but that's not realistic.
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smartboy75
10-24 02:46 PM
You had mentioned in your previous post that your EB2 green card was approved in June 2007or did you mean EAD?
Am I missing something?
tnite..
I think he is one of those lucky ones ..whose I-485 was approved by USICS just before the July 2 fiasco....Remember they exhausted 60,000 visa numbers by burning mid-night oil ?? ring a bell...
Am I missing something?
tnite..
I think he is one of those lucky ones ..whose I-485 was approved by USICS just before the July 2 fiasco....Remember they exhausted 60,000 visa numbers by burning mid-night oil ?? ring a bell...
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gk_2000
04-22 08:08 PM
Nope. You are misunderstanding the point again.
The Article clarifies that that Congress has the power to regulate immigration. they used the power and created the INS laws we have today, which as per Congress is the hallmark of US immigration. We have to change those laws specific to EB.
You are muddling immigration laws with civil rights. Your argument about the current law being in violation of ANY constitutional right is completely baseless. You did not respond to my question about how the civil rights clauses you quoted have anything to do with immigration.
They used the power. No problem. But how?
Let me quote an extreme example.
If they make a law saying, a foreign woman may be raped at port of entry in exchange for citizenship, will it stand?
NOW do you see the connection between immigration and civil rights?
The Article clarifies that that Congress has the power to regulate immigration. they used the power and created the INS laws we have today, which as per Congress is the hallmark of US immigration. We have to change those laws specific to EB.
You are muddling immigration laws with civil rights. Your argument about the current law being in violation of ANY constitutional right is completely baseless. You did not respond to my question about how the civil rights clauses you quoted have anything to do with immigration.
They used the power. No problem. But how?
Let me quote an extreme example.
If they make a law saying, a foreign woman may be raped at port of entry in exchange for citizenship, will it stand?
NOW do you see the connection between immigration and civil rights?
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raj1998
04-19 09:37 AM
Congrats OP. That is real good news. encouragement to all other eb3 folks out there.
Good to know, some thiing got cleared at such pace, when USICS is notoriously known for working at snail's pace.
Good to know, some thiing got cleared at such pace, when USICS is notoriously known for working at snail's pace.
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ItIsNotFunny
08-25 05:28 PM
its clearly written in Sep'2008 bulletin. However, seems like EB3-I wont' get any of it and all numbers will be given to EB2. we loose again.
Its all EB2.
They even can't think logically that 5+ yrs of difference between EB3 & EB2 makes EB3 automatically same as EB2 as per their qualification definition.
Its all EB2.
They even can't think logically that 5+ yrs of difference between EB3 & EB2 makes EB3 automatically same as EB2 as per their qualification definition.
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Honda
05-04 12:18 PM
Hi Friends,
I checked my status and havent received any Soft LUD, but I received a FP notice couple of days back. I am not sure what this is for..My PD is Dec 2006 (EB3) and I received EAD/AP/I140 approved. I applied concurrently during the july fiasco and already done with FP on 2007 itself.
Now i am surprised why I need to , go for FP again. I am still in H1 and my EAD is expired and havent renewed.
Can anyone shed some light in to this FP notice ???
Cheers
John
Your 485 application belongs to which service center?
I checked my status and havent received any Soft LUD, but I received a FP notice couple of days back. I am not sure what this is for..My PD is Dec 2006 (EB3) and I received EAD/AP/I140 approved. I applied concurrently during the july fiasco and already done with FP on 2007 itself.
Now i am surprised why I need to , go for FP again. I am still in H1 and my EAD is expired and havent renewed.
Can anyone shed some light in to this FP notice ???
Cheers
John
Your 485 application belongs to which service center?
more...
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mirage
01-29 08:03 PM
ofcourse it is for future applications
----
i could be wrong, but if i remember correctly, when this ruling was published last year, if a pending 140 was filed on labor subst that would get rejected.
An approved 140 with labor subst was ok.
Please correct me if i am wrong.
----
i could be wrong, but if i remember correctly, when this ruling was published last year, if a pending 140 was filed on labor subst that would get rejected.
An approved 140 with labor subst was ok.
Please correct me if i am wrong.
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zCool
02-27 04:04 PM
Not wrong.. I said it's "being" cancelled..
No one knows for sure what the final rule is likely to be. Chances are anyone who doesn't have approved petition may be rejected once substitution is cancelled.
People sometimes don't want to believe bad news.. and this is what is going on with some desi employers and immigration lawyers..
but all signs are it's gonna happen and very soon.. maybe March 1st. I myself struggled and decided against someone who offered me in past 1 month.
No one knows for sure what the final rule is likely to be. Chances are anyone who doesn't have approved petition may be rejected once substitution is cancelled.
People sometimes don't want to believe bad news.. and this is what is going on with some desi employers and immigration lawyers..
but all signs are it's gonna happen and very soon.. maybe March 1st. I myself struggled and decided against someone who offered me in past 1 month.
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mpadapa
09-24 12:01 PM
This fellow who wrote this might be one of those arm chair critics who just criticizes everything if it doesn't favor that individual. What a moron. I am sure this fellow is clueless about how much effort is put into to make a legislation.
There has been lot of work done by many IV volunteers just to get a bill introduced. It is so stupid just to trash talk the efforts put in by the selfless IV volunteers.
All IV members has to be proud that we have been able to get a bill that addresses the GC backlogs. Hey one year back lawmakers were clueless about EB GC issues. Now majority of the lawmakers atleast have an understanding about EB GC issues. It is a matter of time before we succeed.
The easiest guage for the success of the IV efforts is to see the response U get from the lawmakers when U write to them about GC issues. Earlier U used to get a generic reply about undocumented workers and broken borders, nowadays U would be getting replies that talk about EB immigration. Isn't that an achievement. As a professional aren't U proud that U are give the respect U deserve rather than getting clubbed with undocumented workers. Ask for U'r self?
http://boards.immigration.com/showthread.php?t=286606 :mad::mad:
There has been lot of work done by many IV volunteers just to get a bill introduced. It is so stupid just to trash talk the efforts put in by the selfless IV volunteers.
All IV members has to be proud that we have been able to get a bill that addresses the GC backlogs. Hey one year back lawmakers were clueless about EB GC issues. Now majority of the lawmakers atleast have an understanding about EB GC issues. It is a matter of time before we succeed.
The easiest guage for the success of the IV efforts is to see the response U get from the lawmakers when U write to them about GC issues. Earlier U used to get a generic reply about undocumented workers and broken borders, nowadays U would be getting replies that talk about EB immigration. Isn't that an achievement. As a professional aren't U proud that U are give the respect U deserve rather than getting clubbed with undocumented workers. Ask for U'r self?
http://boards.immigration.com/showthread.php?t=286606 :mad::mad:
praveen11777
08-25 12:16 PM
As per today $ conversion rate is ICICI offering 43.28 and SBI is offering 43.16,if you transffer more than $2000. So ICICI offering better rate.
Praveen.
Praveen.
chanduv23
03-31 07:54 AM
Received one today.
Weirdest thing:
Person's 140 was revoked by employer;
person received notice of intent to deny. NOID clearly stated that 140 was revoked by employer then quoted ac21 law and said beneficiary may be eligible and to give job offer letter.
person responded with letter from new ac21 employer with perfectly matching job duties/descriptions.
uscis sent denial. Denial only stated that 140 was revoked and 140 immigrant petition is needed to get greencard.
Don't know if this is a new procedure that they are following the main law where a valied 140 is needed the whole time.
So do you think they are going after AC21 folks as a scapegoat? I spoke to few people on this including lawyers and they say that "denials on 485" when 140 gets revoked is a common thing and usually the officer who issues the denial letter does not check and verify to see other details. Thats why they have to go through the MTR process.
Weirdest thing:
Person's 140 was revoked by employer;
person received notice of intent to deny. NOID clearly stated that 140 was revoked by employer then quoted ac21 law and said beneficiary may be eligible and to give job offer letter.
person responded with letter from new ac21 employer with perfectly matching job duties/descriptions.
uscis sent denial. Denial only stated that 140 was revoked and 140 immigrant petition is needed to get greencard.
Don't know if this is a new procedure that they are following the main law where a valied 140 is needed the whole time.
So do you think they are going after AC21 folks as a scapegoat? I spoke to few people on this including lawyers and they say that "denials on 485" when 140 gets revoked is a common thing and usually the officer who issues the denial letter does not check and verify to see other details. Thats why they have to go through the MTR process.
