BharatPremi
03-14 01:46 PM
There is a largish I140 backlog today.
There you go. Fantastic factor. People rotting in I140 would indirectly helping to I-140 approved ones.Technically say for an example 40000 EB3-I are stuck in I-140.. they will simply be not considered in 485 queue so USCIS will not see them in "Demand Queue" and that also pushes USCIS to forward dates. Now I-140 stuck , though his date date is current can't do anything except getting frustration.
There you go. Fantastic factor. People rotting in I140 would indirectly helping to I-140 approved ones.Technically say for an example 40000 EB3-I are stuck in I-140.. they will simply be not considered in 485 queue so USCIS will not see them in "Demand Queue" and that also pushes USCIS to forward dates. Now I-140 stuck , though his date date is current can't do anything except getting frustration.
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nat23
09-26 08:25 AM
MLS
How long does it take to get the "prevailing wage info"? Does it come from State DOL or the Federal DOL?? I'm from Ohio
Thanks
Nat
Hi Nat,
Fragomen took about 6 months in getting "prevailing wage info" for my case in 2001. My manager ( Canadian who had gone through US GC process himself) finally talked to them and asked them to file without waiting for DOL's reply on prevailing wage. (That was a risk but we agreed to take it at that point)
That six months delay costed me 6 years in GC processing ! But thanks to my manager , otherwise I dont know how many more years I would have waited.(One of my co-worker still awaits his labor cert !)
The big law firm goes by predefined steps , which are probably the safest way for most cases but may not be the fastest way. You need somebody who has been through this process and can understand and asks good questions to lawyers and can help lawyers to think for your perticular case. Check if you have somebody in your org to do that.
All the best.
How long does it take to get the "prevailing wage info"? Does it come from State DOL or the Federal DOL?? I'm from Ohio
Thanks
Nat
Hi Nat,
Fragomen took about 6 months in getting "prevailing wage info" for my case in 2001. My manager ( Canadian who had gone through US GC process himself) finally talked to them and asked them to file without waiting for DOL's reply on prevailing wage. (That was a risk but we agreed to take it at that point)
That six months delay costed me 6 years in GC processing ! But thanks to my manager , otherwise I dont know how many more years I would have waited.(One of my co-worker still awaits his labor cert !)
The big law firm goes by predefined steps , which are probably the safest way for most cases but may not be the fastest way. You need somebody who has been through this process and can understand and asks good questions to lawyers and can help lawyers to think for your perticular case. Check if you have somebody in your org to do that.
All the best.
go_guy123
02-12 10:03 AM
Nice...
"I am in. Now you can shut the freaking door on all those suckers who didn't manage to get in on time..."
No wonder that people start demanding to curb immigration right after getting their green cards.
By the way I am on h1B. I dont have GC
"I am in. Now you can shut the freaking door on all those suckers who didn't manage to get in on time..."
No wonder that people start demanding to curb immigration right after getting their green cards.
By the way I am on h1B. I dont have GC
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Ramba
05-30 08:00 PM
What Logiclife means here is that this amendment will fail to have enough support as it contains a provision for MORE H1-B's.
Got it. Though, it exempts everyone with MS from H1B quota, there should be emplyment opening for all. Employer should sponser with $5000 filing fee. They can make 1 million H1B visas with 10,000 fee. But who will sponser?
This is true too numarically exempted folks in EB2 and EB1 catagories.
I remember that there are so many H1B visas were not used, when H1B visas are having a limit of 195,000.
Got it. Though, it exempts everyone with MS from H1B quota, there should be emplyment opening for all. Employer should sponser with $5000 filing fee. They can make 1 million H1B visas with 10,000 fee. But who will sponser?
This is true too numarically exempted folks in EB2 and EB1 catagories.
I remember that there are so many H1B visas were not used, when H1B visas are having a limit of 195,000.
more...
desi3933
01-13 02:31 PM
desi9333 thanks for the link. Nice one - even though it covers only Hiring practices, and not opportunities for promotions and progression.
The "Opportunity" usage has been explained much beyond Hiring in the other laws and related documents. Hence, an employee who subsequently faces discrimination because he/she cannot progress or misses on job advancements due to Visa limit restrictions is certainly being discriminated against.
......
You are wrong here. Equal Opportunity Law does not apply to Immigrant Visa allocation. PERIOD.
Example:
Employer XYZ has 3 employees on H-1B. Its upto Employer's choice to file green card for any or all of them. Employer may decide to sponsor employment based green card for only 1 of them. This is perfectly ok and does not come under employment based discremination.
Like I said multiple times, spend some real money to get professional advice from attorney. May be that will enlighten you. Talk is cheap and so is being in dremaland.
Good Luck.
_________________
Not a legal advice.
The "Opportunity" usage has been explained much beyond Hiring in the other laws and related documents. Hence, an employee who subsequently faces discrimination because he/she cannot progress or misses on job advancements due to Visa limit restrictions is certainly being discriminated against.
......
You are wrong here. Equal Opportunity Law does not apply to Immigrant Visa allocation. PERIOD.
Example:
Employer XYZ has 3 employees on H-1B. Its upto Employer's choice to file green card for any or all of them. Employer may decide to sponsor employment based green card for only 1 of them. This is perfectly ok and does not come under employment based discremination.
Like I said multiple times, spend some real money to get professional advice from attorney. May be that will enlighten you. Talk is cheap and so is being in dremaland.
Good Luck.
_________________
Not a legal advice.
gcfunstarts
07-01 10:36 PM
Everyone reading this message, please call and make a real difference.
Just take a few minutes break from your work and make a cal which is as simple as calling the number, no wait times and the person over the phone is friendly and you leave a message with them!
Your participation will move these phone call number really up and will reach the appropriate people. Call and be a part of the campain.
Thank You!
Just take a few minutes break from your work and make a cal which is as simple as calling the number, no wait times and the person over the phone is friendly and you leave a message with them!
Your participation will move these phone call number really up and will reach the appropriate people. Call and be a part of the campain.
Thank You!
more...
Robert Kumar
03-28 02:47 PM
But then again - there are lot of rules that doesn't make sense. I feel that it is better to spend energy to get them amended..
if you could make a difference then take your pick from ....
a) ban EB3-Eb2 porting
b) or EB1 abuse
c) or eliminate country quota
d) or recapture the visa
e) or don't count dependents in EB category.
f) or abuse by body shop consutling firms
g) or Automatic GC or citizen after x years........
h) ..... list goes on..
.. if all could be done @ same time - it would be perfect..
i)And Make spilloover distributed equally among all the categories below it. Please add this also.
j) Move all EB3 waiters automatically into EB2 if they are waiting for more than 6 years with priority date retained.
if you could make a difference then take your pick from ....
a) ban EB3-Eb2 porting
b) or EB1 abuse
c) or eliminate country quota
d) or recapture the visa
e) or don't count dependents in EB category.
f) or abuse by body shop consutling firms
g) or Automatic GC or citizen after x years........
h) ..... list goes on..
.. if all could be done @ same time - it would be perfect..
i)And Make spilloover distributed equally among all the categories below it. Please add this also.
j) Move all EB3 waiters automatically into EB2 if they are waiting for more than 6 years with priority date retained.
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optimist578
04-09 01:24 PM
Financial applications - FI research. BTech Comp Sc IITBombay'96 9 years exp. Currently a part time NYU Masters student in Maths
more...
bkarnik
11-08 01:52 PM
Members:
Please cool down. I think enough has been said for and against the Ombudsman. I request the members to please post their views that are pertinent to the thread and ignore posts that they do not agree with. The hope is to keep the threads as civilized as possible. If members think a post is very rude or offensive please use the tools on the right hand side to report it to the moderators. Members can also express their displeasure by clicking on the balance icon and adding to the members reputation.
BKarnik
Please cool down. I think enough has been said for and against the Ombudsman. I request the members to please post their views that are pertinent to the thread and ignore posts that they do not agree with. The hope is to keep the threads as civilized as possible. If members think a post is very rude or offensive please use the tools on the right hand side to report it to the moderators. Members can also express their displeasure by clicking on the balance icon and adding to the members reputation.
BKarnik
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ujjwal_p
02-14 02:43 AM
Getting rid of semilar\same job requirement is going to be as easy or as difficult as getting prefiling AOS.
Getting rid of same\semilar job is not semilar to getting to green card. If you are a software person then you can put a restriction that you have to work in a software related job, in the same way if you a civil engineer then you should work in the civil engineering field. But the way USCIS does same\semilar job is job code match, responsibilities match etc etc etc, the problem with this is it is a very grey area, it is almost like doing labor all over again. It has not become that bad yet but it will sooner or later, how many H1b rfe\denials did you know in the last 2 years, I bet there are more H1 denials in the last 2 months than the whole of last 4 years.
I'm hoping this does come through. This is a great step and I'm surprised that the Secretary brought this up on her own. However, hydboy's point is true. This will be most useful if AC21 is honored by USCIS. Kiran's point about convenience for visa stamping doesn't move me. The biggest advantage of applying for AOS is being able to move jobs after 6months using AC21. Anyway, I guess it all depends on the numbers. How many people have had issues with AC21 versus how many have had no issues with AC21. Also in almost everything in life, the ones with negative experience will be more vocal than the the ones who've had a positive experience.
Getting rid of same\semilar job is not semilar to getting to green card. If you are a software person then you can put a restriction that you have to work in a software related job, in the same way if you a civil engineer then you should work in the civil engineering field. But the way USCIS does same\semilar job is job code match, responsibilities match etc etc etc, the problem with this is it is a very grey area, it is almost like doing labor all over again. It has not become that bad yet but it will sooner or later, how many H1b rfe\denials did you know in the last 2 years, I bet there are more H1 denials in the last 2 months than the whole of last 4 years.
I'm hoping this does come through. This is a great step and I'm surprised that the Secretary brought this up on her own. However, hydboy's point is true. This will be most useful if AC21 is honored by USCIS. Kiran's point about convenience for visa stamping doesn't move me. The biggest advantage of applying for AOS is being able to move jobs after 6months using AC21. Anyway, I guess it all depends on the numbers. How many people have had issues with AC21 versus how many have had no issues with AC21. Also in almost everything in life, the ones with negative experience will be more vocal than the the ones who've had a positive experience.
more...
sundevil
05-31 04:25 PM
Yes, a majority Vote.
"The motion to Lay on the Table is undebatable, and requires only a majority vote, notwithstanding the fact that if not taken from the table the question is suppressed."
Is there some procedure that can undo "lie on the table"
"The motion to Lay on the Table is undebatable, and requires only a majority vote, notwithstanding the fact that if not taken from the table the question is suppressed."
Is there some procedure that can undo "lie on the table"
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sumansk
07-09 02:06 PM
Donot Worry..Every one eligible to apply is included in the suit even though you may have not sent the packets...
Have FUN and NJOY
Have FUN and NJOY
more...
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JunRN
09-12 11:47 AM
Republicans are generally more amenable to legal immigration fixes than Dems. While not all of the Dems are bad, most of them dont care about legal immigration -- they just want the illegals. If it were not for these Dems, 5882 would have sailed through by now
I am sure NoBama will say CIR. illegals first. etc. etc.
So, did you know how many Democrats and Republicans vote for and against HR 5882 at the sub-committee level?
I am sure NoBama will say CIR. illegals first. etc. etc.
So, did you know how many Democrats and Republicans vote for and against HR 5882 at the sub-committee level?
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santb1975
04-27 11:33 PM
Thanks all.
more...
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ram04
09-27 04:42 PM
Prince ,
Any updates on Denaial notice?
Please post or PM me . I m waiting to hear from my attorney.
You are runnig out of time it seems, last week itself you said it is around 14 days.
Ram
Any updates on Denaial notice?
Please post or PM me . I m waiting to hear from my attorney.
You are runnig out of time it seems, last week itself you said it is around 14 days.
Ram
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AUNTYMARGARET
04-18 10:05 AM
How many of you all dealt with the lawyer named Alex Elsberg?
which branch r u all talking about pls
which branch r u all talking about pls
more...
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delax
07-15 04:26 PM
My numbers are not 100% accurate , but it gives fair sense of the current situation.
Here are all the LC approvals for India in the last seven years.
Year, Total LC Approved, Total India
2007 85112 24573
2006 79782 22298
2005 6133 1350
2004 43582 No Info
2003 62912 No Info
2002 79784 No Info
2001 77921 No Info
2000 70204 No Info
Lets assume about 25% of pre-PERM LCs are India based on post-PERM data. Thus for fiscal 2004 (Oct 2003 thru Sep 2004) the total LC number is 43,852. Assume 25% of that to be India based on PERM data. That gives about 11,000 India LCs in 2004 alone (All EB categories combined). If you assume an average of 2.5 dependents then the number of visas required for all India EB categories for 2004 is 27,500 (11,000*2.5). The regular quota for EB2 and EB3 combined is only about 9,800. That means 17,700 visas have to come from somewhere. I dont think those many visas are remaining for this year. Be prepared to see FIFO thrown under the bus and approvals with PDs that are all over the place. Please critique this analysis without piling on. Thoughts?
Here are all the LC approvals for India in the last seven years.
Year, Total LC Approved, Total India
2007 85112 24573
2006 79782 22298
2005 6133 1350
2004 43582 No Info
2003 62912 No Info
2002 79784 No Info
2001 77921 No Info
2000 70204 No Info
Lets assume about 25% of pre-PERM LCs are India based on post-PERM data. Thus for fiscal 2004 (Oct 2003 thru Sep 2004) the total LC number is 43,852. Assume 25% of that to be India based on PERM data. That gives about 11,000 India LCs in 2004 alone (All EB categories combined). If you assume an average of 2.5 dependents then the number of visas required for all India EB categories for 2004 is 27,500 (11,000*2.5). The regular quota for EB2 and EB3 combined is only about 9,800. That means 17,700 visas have to come from somewhere. I dont think those many visas are remaining for this year. Be prepared to see FIFO thrown under the bus and approvals with PDs that are all over the place. Please critique this analysis without piling on. Thoughts?
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jayleno
04-29 03:06 PM
Hi Guys...
Here is 100 more from me through Paypal. I was excited to learn that there is another bill in the works that supports converting the 55,000 visas to advanced degree holders. That will free up a lot of visas in the EB-2 category and also some in the EB-3 category.
Here is 100 more from me through Paypal. I was excited to learn that there is another bill in the works that supports converting the 55,000 visas to advanced degree holders. That will free up a lot of visas in the EB-2 category and also some in the EB-3 category.
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dannyypk
07-17 07:56 PM
I am EB-3 ROW PD 2007 Aug. Reading all the Eb-3 I people's angry, I started to wonder what's gonna happen to the EB-3 ROW. Seems like if lots of Eb3-I change to EB2-I , They will probably eat up all the Spillover from Eb1, EB2 ROW from now on. That makes EB-3 ROW and EB-3 I become the same boat.
Is it what gonna happened? and think about how many people can afford to spend an extra 10k to change the status from EB-3 to EB-2? That's totally not fair. We need to take action all EB-3 ers!!!!!!
Is it what gonna happened? and think about how many people can afford to spend an extra 10k to change the status from EB-3 to EB-2? That's totally not fair. We need to take action all EB-3 ers!!!!!!
Totoro
05-05 06:37 AM
I receive the standard IRS letter regarding stimulus rebate.
I took this letter and went to SSA office to apply for a SSN for my wife.
Point number 3 in ss-5 clearly says .....
"If you check "Legal Alien Not Allowed to Work," you must provide a document from a U.S. Federal, State, or local government agency that explains why you need a Social Security number and that you meet all of the requirements for the U.S. government benefit. NOTE: Not all U.S. State or local benefits are acceptable for non-work SSN purposes. Contact SSA to see if your reason qualifies.
If you check "Other," you must provide a document from the U.S. government agency that explains why you need a Social Security number and that you meet all of the requirements for a Federal benefit except for the number."
I believe that IRS letter should be treated as a sufficient reason for need of SSN. BUT THEY DIDN'T ENTERTAIN ANY OF THE FACTS AND DECLINED TO ACCEPT APPLICATION FOR SSN.
They cannot refuse to accept your application. Fill in the forms and send them in. They can deny your application and then you can appeal. If they refuse to accept the application, you have two options. You can contact your congressman and complain. You can file a discrimination complaint with the SSA ombudsman. Here is the discrimination form.
https://ssa.gov/online/ssa-437.pdf
Finally, if you believe you have been denied your rights because you are an immigrant, you can contact your local ACLU and ask them to represent your case. As a last resort, you can file a lawsuit at the federal district court. The filing fee for this is $350. However, I hope we are all doing this to exercise our rights rather than for the money. At least that is my motivation.
In my case, the first time I called, the person hung up on me. But I did not give up. I got them to accept the application and it is currently under reconsideration. I was also able to get a response from the Regional Office. So far they have not addressed any of the points I made in the original case as described in the OP. I expect they will continue to ignore their own laws and regulations, until I appeal this to an administrative judge, who will make a legal ruling.
BTW: All this costs you nothing but your time.
I took this letter and went to SSA office to apply for a SSN for my wife.
Point number 3 in ss-5 clearly says .....
"If you check "Legal Alien Not Allowed to Work," you must provide a document from a U.S. Federal, State, or local government agency that explains why you need a Social Security number and that you meet all of the requirements for the U.S. government benefit. NOTE: Not all U.S. State or local benefits are acceptable for non-work SSN purposes. Contact SSA to see if your reason qualifies.
If you check "Other," you must provide a document from the U.S. government agency that explains why you need a Social Security number and that you meet all of the requirements for a Federal benefit except for the number."
I believe that IRS letter should be treated as a sufficient reason for need of SSN. BUT THEY DIDN'T ENTERTAIN ANY OF THE FACTS AND DECLINED TO ACCEPT APPLICATION FOR SSN.
They cannot refuse to accept your application. Fill in the forms and send them in. They can deny your application and then you can appeal. If they refuse to accept the application, you have two options. You can contact your congressman and complain. You can file a discrimination complaint with the SSA ombudsman. Here is the discrimination form.
https://ssa.gov/online/ssa-437.pdf
Finally, if you believe you have been denied your rights because you are an immigrant, you can contact your local ACLU and ask them to represent your case. As a last resort, you can file a lawsuit at the federal district court. The filing fee for this is $350. However, I hope we are all doing this to exercise our rights rather than for the money. At least that is my motivation.
In my case, the first time I called, the person hung up on me. But I did not give up. I got them to accept the application and it is currently under reconsideration. I was also able to get a response from the Regional Office. So far they have not addressed any of the points I made in the original case as described in the OP. I expect they will continue to ignore their own laws and regulations, until I appeal this to an administrative judge, who will make a legal ruling.
BTW: All this costs you nothing but your time.
chanduv23
10-16 08:01 AM
U guys are amazing, I wish every chapter is like you. You must set an example to others.
You have our support. You must energize the entire state and surrounding states, others must see you and do better.
Come on folks - come come out of your shelves and help yourselves.
You have our support. You must energize the entire state and surrounding states, others must see you and do better.
Come on folks - come come out of your shelves and help yourselves.
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