anzerraja
07-20 12:28 AM
Thanks Pshah !!!
Count me in for $100.
Count me in for $100.
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alterego
03-08 06:27 PM
Very well written. I can tell you through my observations of living in this society for 35 years:
1) People leaving because of long wait is a losing argument. Available information doesn't back it up. We have had severe retrogression since 2005 (h-1b quota cases have finished in matter of days)
2)USA is destination of choice. 9 million people file through greencard lottery for 50,000 slots and the main populated countries aren't even eligible to file (ie., India, China, Pakistan, Canada, etc.)
3) Call it what it is: Employment base immigration is least impacted. It is the only class of immigrants who are allowed to work/live in USA while they wait for greencard. Just about every other class has to wait outside until their number is called. This is number one impediment to EB grievances.
4) Stating that one is paying taxes, etc., is also losing argument. You are comparing yourself to the people who are here unlawful. Paying taxes isn't some virtue, it is the law.
5) Country quotas is fundamental to US Immigration. Getting rid of it for one class; ie employment base without looking at the whole thing is waste of time (ie., lottery, family base, etc.).
Now I don't want to get people upset but let's look at some things that have happened since 2005:
There was considerable debate on immigration.com of how the country quotas work and spillover of visas. Depending on how you read the law you would keep coming up with different conclusions. One way was to look at it as hard cap of 7% across all 140,000 visas that is 10,000 or so and it didn't matter about eb1,eb2, eb3. Any unused visas from ROW in EB1 would not go to india but rather flow down to eb2 row and then eb3 row. That s unused would go vertical instead of horizontal.
In uscis fiscal year 2004 eb3 went unavailable in summer of 2005. Statistics showed that India went well over their 7% limit.
In USCIS fiscal year 2005 we had severe retrogression for India. Visa bulletin states that spillover will be vertical instead of horizontal. Statistics showed that India only received 10,500 visas
Now, fiscal year 2006 . We have slow movement in visa dates; it appears that they are going vertical with spillover. However, in July 2007 they make it current for everyone and India goes over the 7% limit.
Fiscal year 2007 it appears from visa bulletin that they are going to go horizontal instead of vertical. No statistics yet of how much went to India.
Therefore; department of state has changed policy, interpretation without law change. Talk to many lawyers and they will tell you that spillover is supposed to happen vertical instead of horizontal. indian nationals have been benefitted greatly by department of state changing it on their whim. You don't see many people from ROW on these boards bellyaching about this; or contacting senators, or threatening lawsuits do you?
This is something to think about? As people keep highlighting this issue and if they continually point it out to lawmakers and someone from ROW gets the birght idea to challenge department of state then it will make it worse for India. I don't foresee any change whatsoever in country quota limits; mainly because it is fundamental to immigration and fundamental things don't change very easily.
In defense of the EB2I argument thought UN, I could argue that the Horizontal spillover was right all along and it was EB3ROW that benefited since 2005 at the expense of EB2I + C.
As you rightly point out, there is room for interpretation in the way the law is written, and that is why we keep having this discussion. I remember vehemently having this discussion with you on immigration.com. The bottom line is I am still waiting having been "current" twice since that time, I believe that there are many Eb3ROW folks with PDs later than mine that have sailed through ahead of me! The interpretation view of spillover over the last year is the only thing that gives me any hope near term.
In the mean time, those like me have dealt with a barrage of other processing changes that have also affected EB2I ie Labor Subs., Eb3-EB2 jumpers, the July VB fiasco impact on older 485s etc. Not sure about the exact extent of each, but nonetheless, you feel screwed by the system when your 485 is pending for near 4 yrs.
This is one harrowing experience everyone wants to forget once they get greened. Thanks for sticking around with your valuable insight.
1) People leaving because of long wait is a losing argument. Available information doesn't back it up. We have had severe retrogression since 2005 (h-1b quota cases have finished in matter of days)
2)USA is destination of choice. 9 million people file through greencard lottery for 50,000 slots and the main populated countries aren't even eligible to file (ie., India, China, Pakistan, Canada, etc.)
3) Call it what it is: Employment base immigration is least impacted. It is the only class of immigrants who are allowed to work/live in USA while they wait for greencard. Just about every other class has to wait outside until their number is called. This is number one impediment to EB grievances.
4) Stating that one is paying taxes, etc., is also losing argument. You are comparing yourself to the people who are here unlawful. Paying taxes isn't some virtue, it is the law.
5) Country quotas is fundamental to US Immigration. Getting rid of it for one class; ie employment base without looking at the whole thing is waste of time (ie., lottery, family base, etc.).
Now I don't want to get people upset but let's look at some things that have happened since 2005:
There was considerable debate on immigration.com of how the country quotas work and spillover of visas. Depending on how you read the law you would keep coming up with different conclusions. One way was to look at it as hard cap of 7% across all 140,000 visas that is 10,000 or so and it didn't matter about eb1,eb2, eb3. Any unused visas from ROW in EB1 would not go to india but rather flow down to eb2 row and then eb3 row. That s unused would go vertical instead of horizontal.
In uscis fiscal year 2004 eb3 went unavailable in summer of 2005. Statistics showed that India went well over their 7% limit.
In USCIS fiscal year 2005 we had severe retrogression for India. Visa bulletin states that spillover will be vertical instead of horizontal. Statistics showed that India only received 10,500 visas
Now, fiscal year 2006 . We have slow movement in visa dates; it appears that they are going vertical with spillover. However, in July 2007 they make it current for everyone and India goes over the 7% limit.
Fiscal year 2007 it appears from visa bulletin that they are going to go horizontal instead of vertical. No statistics yet of how much went to India.
Therefore; department of state has changed policy, interpretation without law change. Talk to many lawyers and they will tell you that spillover is supposed to happen vertical instead of horizontal. indian nationals have been benefitted greatly by department of state changing it on their whim. You don't see many people from ROW on these boards bellyaching about this; or contacting senators, or threatening lawsuits do you?
This is something to think about? As people keep highlighting this issue and if they continually point it out to lawmakers and someone from ROW gets the birght idea to challenge department of state then it will make it worse for India. I don't foresee any change whatsoever in country quota limits; mainly because it is fundamental to immigration and fundamental things don't change very easily.
In defense of the EB2I argument thought UN, I could argue that the Horizontal spillover was right all along and it was EB3ROW that benefited since 2005 at the expense of EB2I + C.
As you rightly point out, there is room for interpretation in the way the law is written, and that is why we keep having this discussion. I remember vehemently having this discussion with you on immigration.com. The bottom line is I am still waiting having been "current" twice since that time, I believe that there are many Eb3ROW folks with PDs later than mine that have sailed through ahead of me! The interpretation view of spillover over the last year is the only thing that gives me any hope near term.
In the mean time, those like me have dealt with a barrage of other processing changes that have also affected EB2I ie Labor Subs., Eb3-EB2 jumpers, the July VB fiasco impact on older 485s etc. Not sure about the exact extent of each, but nonetheless, you feel screwed by the system when your 485 is pending for near 4 yrs.
This is one harrowing experience everyone wants to forget once they get greened. Thanks for sticking around with your valuable insight.
luckysiri
02-02 03:29 PM
Happiness resides not in posessions and not in gold; the feeling of happiness dwells in the soul - Democritus
:)
:)
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harikris
09-10 07:55 PM
Hi,
There are several restrictions/constraints for many ppl for not being able to devote time/money for the general cause. Let's not fret about the reasons. While it would help for all ppl to join forces that should not distract the group that is doing something about the issues.
And ppl on the sidelines - pls don't be a passive professional critique. However valuable your comments and ideas are they are useless without acting upon it - they are just like seeds sown in a barren land. The good work of the forum will continue without your presence. With your involvement we all can reach the goal that much more faster.
My Labor certification is actually filed in the state of IL. But i am on an assignment in MD till Sep 2010 (after filing for relevant amendments).
It's ~5 hrs drive for me to Baltimore/Washington-DC. So, coming every week for a meeting is not practical. I am extremely eager to support OUR cause given the commuting constraints. I have already written to our congress man here to bring to his notice the struggles of wannabee immigrants.
So, where do i sign up?
There are several restrictions/constraints for many ppl for not being able to devote time/money for the general cause. Let's not fret about the reasons. While it would help for all ppl to join forces that should not distract the group that is doing something about the issues.
And ppl on the sidelines - pls don't be a passive professional critique. However valuable your comments and ideas are they are useless without acting upon it - they are just like seeds sown in a barren land. The good work of the forum will continue without your presence. With your involvement we all can reach the goal that much more faster.
My Labor certification is actually filed in the state of IL. But i am on an assignment in MD till Sep 2010 (after filing for relevant amendments).
It's ~5 hrs drive for me to Baltimore/Washington-DC. So, coming every week for a meeting is not practical. I am extremely eager to support OUR cause given the commuting constraints. I have already written to our congress man here to bring to his notice the struggles of wannabee immigrants.
So, where do i sign up?
more...
sriatm
07-21 04:10 PM
Group of EB3 & EB2 folks should take an appointment with DOS Chief first and then with USCIS's Chief. How can we do this ?We will discuss our concerns or interpretations and changes to work towards to clear backlogs or increase Quotas or Visa Recapture..etc. I am in for any group's concerns though I am in EB3.Category does not matter. India is the hardest hit in EB based Immgiration. Let me know How we can get to the attention of the TOP/Key Persons.
Macaca
07-09 11:25 AM
it says nothing about who can file an application.
it only says the "status may be adjusted" IF.....
Based on a quick scan of the above documents (which may not be a complete list of documents on AOS), I did not find a single reference to LAW that specifies when AOSs can (not) be submittted by GC applicants. My guess is that there is no such law That is why AILA is calling it rubbish.
I urge everyone to scan these (and othet documents) for LAW that specifies when AOSs can (not) be submittted by GC applicants.
it only says the "status may be adjusted" IF.....
Based on a quick scan of the above documents (which may not be a complete list of documents on AOS), I did not find a single reference to LAW that specifies when AOSs can (not) be submittted by GC applicants. My guess is that there is no such law That is why AILA is calling it rubbish.
I urge everyone to scan these (and othet documents) for LAW that specifies when AOSs can (not) be submittted by GC applicants.
more...
GCBy3000
05-23 11:50 AM
Sent to all the senators listed and two from my state.
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gimmeacard
09-09 09:01 PM
Ignore her. She dozn't deserve a response...Seems to be a mental case
i am pretty sure its a HE, dont think indian women have fallen that much
i am pretty sure its a HE, dont think indian women have fallen that much
more...
franklin
07-08 03:38 PM
---
I just heard from our Chinese member. They are getting a huge response for this 14th July demonstration. We need more awareness about this event among our members. Please spread the word.
The place and time is:
Location: City Hall
200 E Santa Clara St
San Jose
When: From Sat Jul 14, 2007 11:00 am to 2:30 pm
Bay Area members - please join the Northern California Bay Area Chapter. Details in sig
I just heard from our Chinese member. They are getting a huge response for this 14th July demonstration. We need more awareness about this event among our members. Please spread the word.
The place and time is:
Location: City Hall
200 E Santa Clara St
San Jose
When: From Sat Jul 14, 2007 11:00 am to 2:30 pm
Bay Area members - please join the Northern California Bay Area Chapter. Details in sig
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bsbawa10
05-09 05:50 PM
I am all for law suite. That is the only thing that will work if it will. I have also written to whitehouse.gov/contact.
Thanks.
Thanks.
more...
sankap
07-10 01:07 PM
Thanks for quoting that. Now, how do you define what's legitimate? Meaning, why can't you show that your self-employment is "legitimate?"
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
what does this mean?
confirm that the new employer and the job offer are legitimate
legitimate means bonafide. Isn't it?
For both, new employer and new job offer.
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
what does this mean?
confirm that the new employer and the job offer are legitimate
legitimate means bonafide. Isn't it?
For both, new employer and new job offer.
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nfinity
07-05 10:59 AM
Yes, The word Gandhigiri is a combination of Gandhi - giri , the first is in reference to Mahatma Gandhi and giri is a slang for doing things in a certain way. Gandhigiri means protesting in a peacful way but in a way that embaresses the people being protested against.
more...
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potatoeater
05-08 05:06 PM
http://immigrationvoice.org/forum/showpost.php?p=333828&postcount=6
Specifically the line..
"In fact, I predict retrogression to U level in EB2-I also."
And send me money if you want any more accurate predictions for the future. :)
Looks like my calling is in astrology. :)
Specifically the line..
"In fact, I predict retrogression to U level in EB2-I also."
And send me money if you want any more accurate predictions for the future. :)
Looks like my calling is in astrology. :)
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RajForGC
06-07 11:05 AM
My frined got receipt from TSC yesterday, his attorney sent package them on 31st , I think they got it on June 1st. He has not got finger printing notice yet.
I applied on May 18th 140/485 Nebraska, Got receipt on May 28 from TSC with finger printing schedule after 2 weeks. 140 got approved on 23rd May.
Friends, My friends is saying if the New bill approves then we might have to re-apply again, even wealready have applied 485, is this True? I am bit confuse, I aksed to my Lawyer he said your Labor and 140 is New , he cannot tell anything at this point. If the person is already applied and waiting for Card should be effected, any opinion?
Thanks
I applied on May 18th 140/485 Nebraska, Got receipt on May 28 from TSC with finger printing schedule after 2 weeks. 140 got approved on 23rd May.
Friends, My friends is saying if the New bill approves then we might have to re-apply again, even wealready have applied 485, is this True? I am bit confuse, I aksed to my Lawyer he said your Labor and 140 is New , he cannot tell anything at this point. If the person is already applied and waiting for Card should be effected, any opinion?
Thanks
more...
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vagish
07-08 12:38 PM
Previous years Oct Visa Bulletins doesn't look encouraging at all, EB-3 India moved by a week and other categories move by a month or 2. With USCIS taking huge no. of applications in june'07 the future of oct'07 seems to be pretty bleak, It is quiet depressing. We surely need this legislation of ability to file 485 even if visa dates not current.
by the way,
lawsuite and all will never get us to a point where we want. nobody can force
the state department or the USCIS to forcefully accept 700K applications, and then for next 20 years the dates will be struck. specially for people who have been waiting since 2000,2001 and 2002 cannnot be clubed together with people who came in 2006 or 2007, that is going to be fairly injustice and they know that.
I think it will be better to focus our energy on legislative changes or else nothing will get done, no body can push 700K applications down to the throats of USCIS when that have already exausted the quota.
better focus on contacting senators or house members to get some legislative relief.
by the way,
lawsuite and all will never get us to a point where we want. nobody can force
the state department or the USCIS to forcefully accept 700K applications, and then for next 20 years the dates will be struck. specially for people who have been waiting since 2000,2001 and 2002 cannnot be clubed together with people who came in 2006 or 2007, that is going to be fairly injustice and they know that.
I think it will be better to focus our energy on legislative changes or else nothing will get done, no body can push 700K applications down to the throats of USCIS when that have already exausted the quota.
better focus on contacting senators or house members to get some legislative relief.
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PavanV
02-02 05:52 PM
[QUOTE=PavanV;2310274]
Simple ... Blacks and Latinos are minority in US... and in India so called Backward Castes are the Majority and in a Democracy MAJORITY RULES! .. so Reservations Persists in India!!! :)
Lol.. majority needs reservations ??, in a class of 100 if 50 % are group A, then group has the most chance of getting jobs with the sheer attribute of having numbers to advantage, however if group A is morally corrupt and think that reservation is their birthright, then so be it. They will always suffer with prosecution complex.
Simple ... Blacks and Latinos are minority in US... and in India so called Backward Castes are the Majority and in a Democracy MAJORITY RULES! .. so Reservations Persists in India!!! :)
Lol.. majority needs reservations ??, in a class of 100 if 50 % are group A, then group has the most chance of getting jobs with the sheer attribute of having numbers to advantage, however if group A is morally corrupt and think that reservation is their birthright, then so be it. They will always suffer with prosecution complex.
more...
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gcnm04
10-03 01:23 PM
Originally Posted by Rohan99
If you are still waiting then please add your name
Important: if you receive the RN then plz write in front of your name, what is RN(if honored actual RN), how did u get RN(check, lawyer, called USCIS), FP date,
July 3rd at 9:03 received by R.William
--------------------------------------------------------
lutherpraveen
PDOCT05
i99
helpme1234
kingnaga
waitforgc123
Rohan99
gclongwaytogo
cool_cat
sivanu
GKBest
bluesky1
July 5th
------------------------------------
chalamcharla
July 16, 9:00 am at Nebraska signed by R Pitcher
--------------------------------------
viveckj99
gcspace
July 13, at 11.11 am at Nebraska signed by F.HEINAUER
------------------------------------------------------
gcnm04
July 16, at 11.16 am at Nebraska signed by F.HEINAUER
------------------------------------------------------
fetch_gc
Please see signature for more details.Thx-- fetch_gc
If you are still waiting then please add your name
Important: if you receive the RN then plz write in front of your name, what is RN(if honored actual RN), how did u get RN(check, lawyer, called USCIS), FP date,
July 3rd at 9:03 received by R.William
--------------------------------------------------------
lutherpraveen
PDOCT05
i99
helpme1234
kingnaga
waitforgc123
Rohan99
gclongwaytogo
cool_cat
sivanu
GKBest
bluesky1
July 5th
------------------------------------
chalamcharla
July 16, 9:00 am at Nebraska signed by R Pitcher
--------------------------------------
viveckj99
gcspace
July 13, at 11.11 am at Nebraska signed by F.HEINAUER
------------------------------------------------------
gcnm04
July 16, at 11.16 am at Nebraska signed by F.HEINAUER
------------------------------------------------------
fetch_gc
Please see signature for more details.Thx-- fetch_gc
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skgc
04-01 01:33 AM
Hi All,
I have a question about invoking AC21 using EAD vs AC21 using H1B.
My status is as follows:
- approved 140 from a BIG company with BIG lawyers, but company going down.
- more than 180 days since filing 485
- H1B valid till March 2010.
- I have been on H1B since 2001
- WILL BE LAID OFF THIS WEEK.
I do not know if my sponsoring employer will revoke my 140, but I believe it should not matter.
My question however is regards to the EAD/H1B usage after revoking AC21.
I may get an offer from a company that is small with limited funding. They are not willing to do my H1B and want me to use EAD. I wanted to keep my H1B valid, but the company will make me pay for it. And given that I will have to apply for extension soon, I will have to pay for it again. So monetarily, its not good for me.
So I thought of using EAD for the new job. But if I want to get back to H1B later, i have the following questions:
1. Can I go back to H1B again after using EAD
2. Will I be subjected to the cap?
3. What should I do to get back to H1B?
4. Can I do it without leaving the country?
5. Will the financial of the new company matter. Its a valid startup and my job will be similar. I will take a pay cut, but I believe it should not matter for AC21.
6. Any other advice, anyone?
I would really appreciate if someone could help me out.
regards,
ssk
ps: i have donated and been active in the forum earlier under a different name. i lost that id, hence created a new one. so please dont reply asking me to donate first.
I have a question about invoking AC21 using EAD vs AC21 using H1B.
My status is as follows:
- approved 140 from a BIG company with BIG lawyers, but company going down.
- more than 180 days since filing 485
- H1B valid till March 2010.
- I have been on H1B since 2001
- WILL BE LAID OFF THIS WEEK.
I do not know if my sponsoring employer will revoke my 140, but I believe it should not matter.
My question however is regards to the EAD/H1B usage after revoking AC21.
I may get an offer from a company that is small with limited funding. They are not willing to do my H1B and want me to use EAD. I wanted to keep my H1B valid, but the company will make me pay for it. And given that I will have to apply for extension soon, I will have to pay for it again. So monetarily, its not good for me.
So I thought of using EAD for the new job. But if I want to get back to H1B later, i have the following questions:
1. Can I go back to H1B again after using EAD
2. Will I be subjected to the cap?
3. What should I do to get back to H1B?
4. Can I do it without leaving the country?
5. Will the financial of the new company matter. Its a valid startup and my job will be similar. I will take a pay cut, but I believe it should not matter for AC21.
6. Any other advice, anyone?
I would really appreciate if someone could help me out.
regards,
ssk
ps: i have donated and been active in the forum earlier under a different name. i lost that id, hence created a new one. so please dont reply asking me to donate first.
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chantu
09-03 11:44 AM
Yes, u r lawyer is right. It is fine to skip.
Hi - I currently have my H1B(H4 for my wife) valid till Mar 2011 and EAD expires on 10/15/08.
Can I skip the renewal process for now and apply for EAD later?
My lawyer says it is OK to skip for now and apply for EAD/AP anytime as long as I-485 is pending.
Please advise.
Thanks,
new2gc
Hi - I currently have my H1B(H4 for my wife) valid till Mar 2011 and EAD expires on 10/15/08.
Can I skip the renewal process for now and apply for EAD later?
My lawyer says it is OK to skip for now and apply for EAD/AP anytime as long as I-485 is pending.
Please advise.
Thanks,
new2gc
acecupid
07-11 07:49 PM
I agree absolutely. Living right here near DC and being a victim of the present USCIS mess, I still did not know about this campaign until a family member from India mentioned about it after reading it in the local newspaper.
I quickly signed up on this site and sent the flowers to be delivered yesterday.
Interesting... Welcome to the gang !:D
I quickly signed up on this site and sent the flowers to be delivered yesterday.
Interesting... Welcome to the gang !:D
gcdengindhi
05-08 07:41 PM
what the heck is happening to this stupid organization. did some one fart in the brains of the USCIS and DHS leadership. All I am saying is dont you idiots understand that the constant stress and pressure being faced by us with these dates going back and forth. keep them constant at a particular date, finish processing them and then move them one day at a time. then we will know when we will get the green cards. why move foraward give some one from 2006 green card and then push it to 2000 (who the f**k does not know that there is no one there in 2000).
anyway good luck and good waiting time for the next one month. man i was so eagerly waiting to see this bulletin. f**k these a**holes
anyway good luck and good waiting time for the next one month. man i was so eagerly waiting to see this bulletin. f**k these a**holes
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