gunabcd
07-17 10:00 PM
I hope you understand that Bigtime's post was thickly laced with sarcasm.
It was so intelligently written, that many "skilled workers" did not get it.
It was so intelligently written, that many "skilled workers" did not get it.
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sixpockets
07-01 06:39 PM
My law firm, Greenberg Traurig has been good too. Their immigration practice worked extremely hard to get the applications in-flight on Saturday. May be bcose they did not have 1000s of cases like other immigration law firms.
www.gtlaw.com
www.gtlaw.com
pbojja
02-09 10:21 PM
Is there anyway we can work on reporting fraud desi consulting companies to the USCIS so the fraud EB applications can be cleaned up from the system? That may help in clearing up the backlog. Believe it or not, many fraud desi firms have sponsored people in EB-2 successfully. I have worked with many such IT 'professionals' who can't speak a word of English and hardly have any idea what's going around them. I am serious here, this should be considered and evaluated. No offence meant to anyone but those who have had a wonderful educational background and don't work for desi 'firms' ought not to worry since this doesn't target them at all. I am just tired of fellow country men/women who have diminished our country's image, especially in the IT industry and am trying to think of solutions in addition to what we already have on IV's agenda.
So what do they really do at work ? do nothing and get the pay check ? no wonder banks need big loans from government
So what do they really do at work ? do nothing and get the pay check ? no wonder banks need big loans from government
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golgappa
08-20 09:04 PM
Listen my friend I had a similar experience...
The phone receptionist in DC very rude, she behaves like indian babu's, she is very arrogant..
Long story short....
Embassy of India - Washington DC (http://www.indianembassy.org/newsite/RTI.asp)
go to the above link, send them the letter with 10 Rs (20 cents) money order, explain your issue, explain the behavior of receptionist, and ask them why it happened like that..they will have to call you..that is the law..
I did the same thing...
UNLESS WE REPORT THEY WILL NOT CHANGE
The phone receptionist in DC very rude, she behaves like indian babu's, she is very arrogant..
Long story short....
Embassy of India - Washington DC (http://www.indianembassy.org/newsite/RTI.asp)
go to the above link, send them the letter with 10 Rs (20 cents) money order, explain your issue, explain the behavior of receptionist, and ask them why it happened like that..they will have to call you..that is the law..
I did the same thing...
UNLESS WE REPORT THEY WILL NOT CHANGE
more...
indyanguy
07-23 07:20 PM
Hi Ron,
First of thank you for all your useful replies. I just want your opinion to convert my EB3 India to EB2.
My details.
PD: June -2003.
Country: India.
Also when can my PD will be current in future. Please suggest.
Appreciate your help.
**************************************
I think it would be a good idea to make the move. There isn't enough data available for me to say anything more than it's going to be quite a while before your priority date becomes current.
__________________
Ron Gotcher.
Makes sense to make a move. It might be a while (read few years) before we see EB3-I move to 2003.
First of thank you for all your useful replies. I just want your opinion to convert my EB3 India to EB2.
My details.
PD: June -2003.
Country: India.
Also when can my PD will be current in future. Please suggest.
Appreciate your help.
**************************************
I think it would be a good idea to make the move. There isn't enough data available for me to say anything more than it's going to be quite a while before your priority date becomes current.
__________________
Ron Gotcher.
Makes sense to make a move. It might be a while (read few years) before we see EB3-I move to 2003.
girish.sh
06-14 09:11 PM
Hi Company A has file for H1B and it got stamped. I came to USA last week and did not join them as they were not able to provide me job and were asking me to delay my trip to USA. Now last week monday they said they will terminate my visa and report to USCIS. My new employer has yet not applied for H1B transfer. So i wanted to know how much time do i have left to do it. Suppose Company A filed for visa cancellation on 11th June, Monday. Please let me know if there would be any problem in filing for H1B transfer now as Company A has filed for cancellation before i file for H1B Transfer.
I would appreciate a detiled reply.
Thanks,
Girish
I would appreciate a detiled reply.
Thanks,
Girish
more...
nmdial
07-22 02:40 PM
Look at the unity in our diversity...for a moment while reading some of the comments I forgot I was in the US and looking at an supposedly elite forum...Bravo!! Keep it up Indians (Tamilians, Gujaratis, Marathis, Bengalis, Biharis, etc..)
One more thing, if you are upset with a person who misbehaved with you (in this case, rudely told you he didn't know any language other than Hindi), then logic tells me I should be upset with that person and not the reason (in this case, language) itself.
I belong to a Hindi speaking part of India, and I have lived in Pune, Bangalore, and Hyderabad. I've had people tell me very rudely to talk in the native languages of these areas and I've tried, sometimes successfully and sometimes, not so much. The rudeness of a few members of the community never led me to form a general opinion. I've very close friends from all over India.
It is my opinion that one should try to learn the local language. It bodes well for everybody and makes life easier. As matured people that we are, I think this is a very trivial issue to fight among ourselves or get emotional.
One more thing, if you are upset with a person who misbehaved with you (in this case, rudely told you he didn't know any language other than Hindi), then logic tells me I should be upset with that person and not the reason (in this case, language) itself.
I belong to a Hindi speaking part of India, and I have lived in Pune, Bangalore, and Hyderabad. I've had people tell me very rudely to talk in the native languages of these areas and I've tried, sometimes successfully and sometimes, not so much. The rudeness of a few members of the community never led me to form a general opinion. I've very close friends from all over India.
It is my opinion that one should try to learn the local language. It bodes well for everybody and makes life easier. As matured people that we are, I think this is a very trivial issue to fight among ourselves or get emotional.
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whiteStallion
05-15 06:10 PM
I also missed out the stimulus payment due to my wife's ITIN. Bollocks to FAIR...
more...
mohican
03-16 06:49 PM
My MTR was reconsidered--what a relief. Here is the response:
"Service motion to reopen or reconsider:
In the case at hand, the I-485 was denied because the underlying I-140 was revoked. However, the applicant is eligible for portability consideration under Ac21. Therefore, the applicant should have been notified of this eligibility before any final adverse action was taken on his I485. Pursuant to Part 103.5, Title 8, Code of Federal Regulations, the denied I-140 petition referenced above has been reopened/reconsidered."
My attorney says that what this means is that only my I140 that was revoked is now open and they have yet to make a decision on I485.
My question to fellow members of this forum:
1. Has any of you recived similar response to your MTR filing against wrongful I485 denial
2. Please note that my case is slightly peculiar in that the I140 was revoked and aproved labor certification was substitued--if some one was in similar situation, please respond with specifics?
My MTR was recieved my TSC on Feb 9th, i received receipt notice on Feb 16th and final approval was made on March 10th and the letter arrived on March 16th. I am glad and thankful that they understood the urgency of my situation. Now the hunt starts for NEXT STEPS?
"Service motion to reopen or reconsider:
In the case at hand, the I-485 was denied because the underlying I-140 was revoked. However, the applicant is eligible for portability consideration under Ac21. Therefore, the applicant should have been notified of this eligibility before any final adverse action was taken on his I485. Pursuant to Part 103.5, Title 8, Code of Federal Regulations, the denied I-140 petition referenced above has been reopened/reconsidered."
My attorney says that what this means is that only my I140 that was revoked is now open and they have yet to make a decision on I485.
My question to fellow members of this forum:
1. Has any of you recived similar response to your MTR filing against wrongful I485 denial
2. Please note that my case is slightly peculiar in that the I140 was revoked and aproved labor certification was substitued--if some one was in similar situation, please respond with specifics?
My MTR was recieved my TSC on Feb 9th, i received receipt notice on Feb 16th and final approval was made on March 10th and the letter arrived on March 16th. I am glad and thankful that they understood the urgency of my situation. Now the hunt starts for NEXT STEPS?
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kshitijnt
04-11 06:29 PM
Sorry to be rude guys, but if you are a new EB3 India. "post 2005 perm". I would advise you to seek greener pastures in UK or India. I dont see a light at the end of tunnel as things stand today
more...
mheggade
07-14 06:05 PM
How do you say Level III and Level IV is EB2, Mine is EB2 but it is Level II
Just based on the definition given by DOL I decided Level III and Level IV to be EB2. Besides I am EB2 and my wage level is Level IV. I agree it is hard to conclude the cat based on wage level, I saw there were some Senior welders in Level III as well as Vice presidents of the companies. Quite a contradiction isn't it!!
Just based on the definition given by DOL I decided Level III and Level IV to be EB2. Besides I am EB2 and my wage level is Level IV. I agree it is hard to conclude the cat based on wage level, I saw there were some Senior welders in Level III as well as Vice presidents of the companies. Quite a contradiction isn't it!!
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desi485
10-27 01:24 PM
Well, I hope mine gets resolved sooner than 6-8 months! My EAD is already expired and I could not apply since there was nothing in the application where I could show my status which is PR.
TravInd, you are right about people not knowing the priority dates and not aware the GC was a mistake. In fact, I still don't know for sure if mine was a mistake. I will know only when I find it out through the lawyer. My previous lawyer who worked on my GC case said congratulations and everything was fine. I am eager to find out if it was a mistake on my own.
Just a hypothetical scenario.
Say an applicant is having PD of March 2005.
His/Her 485 gets approved with PD of Jan 2005. (may be a typo by CIS data entry person)
However at the time of approval, PD is current till June 2005. (he or she should have been approved anyway).
What would be the scenario? Thoughts? Any one????
TravInd, you are right about people not knowing the priority dates and not aware the GC was a mistake. In fact, I still don't know for sure if mine was a mistake. I will know only when I find it out through the lawyer. My previous lawyer who worked on my GC case said congratulations and everything was fine. I am eager to find out if it was a mistake on my own.
Just a hypothetical scenario.
Say an applicant is having PD of March 2005.
His/Her 485 gets approved with PD of Jan 2005. (may be a typo by CIS data entry person)
However at the time of approval, PD is current till June 2005. (he or she should have been approved anyway).
What would be the scenario? Thoughts? Any one????
more...
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javadeveloper
10-29 02:06 PM
Did anyone received AP even though they didn't write Name & A# on back of the photos?
:confused: Anyone??????
:confused: Anyone??????
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cagedcactus
10-16 07:32 AM
Bestin, you brought up excellent points. We will discuss them at the meeting and make a list of things to do. We will decide there which nails should be hit hard.
Bestin, I looked at your signature, and felt very proud for you. You applied your labor in July 2007 only, and you are fired up to support and contribute to the cause. It shows how aware and alert you are. It shows how you refuse to face this unfair system. It shows that you want to fight for your rights....
Shame on those who have been stuck for years and years, but dont want to do anything off their lazy behinds..... they just think that their GC will arrive on a silver spoon and land in their salivating mouths....
I have news for ya....... IT IS NOT GOING TO ARRIVE ANY TIME SOON UNLESS YOU GET UP AND DO SOMETHING ABOUT IT. :rolleyes:
come on friends..... we have 15 people coming so far..... lets take that number higher and higher.......
I volunteer tea/coffee and Snacks for everyone ..... please PM me or Walking dude with your best phone contact numbers if you are coming to the meeting. Just in case..... we can stay in touch and make sure that everyone is at the meeting... we have ton of things to discuss..... Lets go....
Bestin, I looked at your signature, and felt very proud for you. You applied your labor in July 2007 only, and you are fired up to support and contribute to the cause. It shows how aware and alert you are. It shows how you refuse to face this unfair system. It shows that you want to fight for your rights....
Shame on those who have been stuck for years and years, but dont want to do anything off their lazy behinds..... they just think that their GC will arrive on a silver spoon and land in their salivating mouths....
I have news for ya....... IT IS NOT GOING TO ARRIVE ANY TIME SOON UNLESS YOU GET UP AND DO SOMETHING ABOUT IT. :rolleyes:
come on friends..... we have 15 people coming so far..... lets take that number higher and higher.......
I volunteer tea/coffee and Snacks for everyone ..... please PM me or Walking dude with your best phone contact numbers if you are coming to the meeting. Just in case..... we can stay in touch and make sure that everyone is at the meeting... we have ton of things to discuss..... Lets go....
more...
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rennieallen
09-26 12:24 PM
When it is already proved that no American is available for the skill set required and being substituted with a Foreign worker, then from where the nationality came in to the picture?
Here is the reasoning (I have not thought deeply enough about the reasoning to have a personal opinion on it yet):
The U.S. has a policy of cultural integration called "the melting pot". The idea, is that instead of (as Canada does it) maintaining simultaneous separate cultural identities (referred to as a "mosaic") cultural identities are "blended" together to arrive at a new cultural identity that will still be uniquely "American".
Given this policy, the per country quota makes sense, since to not restrict immigration from certain cultures risks the potential of getting more of a mosaic than a melting pot (since if there is sufficient "critical mass" of one cultural identity, this group would be prone to establish a "district" of their own and maintain their source culture). An example of this is the "little country" syndrome (e.g. little China, little Vietnam, little India, little Italy, etc.).
Does the companies bother about the skill set required or the nationality?
Thanks
The quota is applied post qualification of the candidate, so the skill set is not a factor (i.e. if country 'A' does not achieve quota with qualified applicants, then these visas are distributed to countries that have hit the quota).
Applicants from countries that don't achieve quota are subject to the exact same tests on their qualifications as applicants from countries that do achieve quota.
I think what frustrates most people here is not the per country quota, so much as the low level of the overall quota (since, as others have pointed out, most countries do not use their quota, and that quota *is* redistributed to the countries that do achieve quota, thus allowing them to exceed quota).
So in effect, all the per country quota does, is give applicants from those countries first-crack at available visas *once other countries are at quota*, and has no effect at all until some country has hit their quota.
I think there is plenty of room for discussion about what percentage a country should be able to send, and what the overall number of visas should be, but I really don't think the per country quota is worth getting worked up about.
Here is the reasoning (I have not thought deeply enough about the reasoning to have a personal opinion on it yet):
The U.S. has a policy of cultural integration called "the melting pot". The idea, is that instead of (as Canada does it) maintaining simultaneous separate cultural identities (referred to as a "mosaic") cultural identities are "blended" together to arrive at a new cultural identity that will still be uniquely "American".
Given this policy, the per country quota makes sense, since to not restrict immigration from certain cultures risks the potential of getting more of a mosaic than a melting pot (since if there is sufficient "critical mass" of one cultural identity, this group would be prone to establish a "district" of their own and maintain their source culture). An example of this is the "little country" syndrome (e.g. little China, little Vietnam, little India, little Italy, etc.).
Does the companies bother about the skill set required or the nationality?
Thanks
The quota is applied post qualification of the candidate, so the skill set is not a factor (i.e. if country 'A' does not achieve quota with qualified applicants, then these visas are distributed to countries that have hit the quota).
Applicants from countries that don't achieve quota are subject to the exact same tests on their qualifications as applicants from countries that do achieve quota.
I think what frustrates most people here is not the per country quota, so much as the low level of the overall quota (since, as others have pointed out, most countries do not use their quota, and that quota *is* redistributed to the countries that do achieve quota, thus allowing them to exceed quota).
So in effect, all the per country quota does, is give applicants from those countries first-crack at available visas *once other countries are at quota*, and has no effect at all until some country has hit their quota.
I think there is plenty of room for discussion about what percentage a country should be able to send, and what the overall number of visas should be, but I really don't think the per country quota is worth getting worked up about.
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risker
07-20 04:14 PM
Subject: Injustice :mad: for people with priority dates in '02, '03, '04 etc. who are still waiting for their labor certs to be processed using the traditional process - we want to file a case against DOL's lethargy - Let us join together and file a case against DOL and bring justice to this unjustified system.
The manner in which the backlog reduction center have been processing the
labor certs seems to be very unfair for people like me and others who have been affected. I know of cases with priority dates as late as 2005 that have gone through the traditional process and have been approved already. And there are cases like mine and others with much earlier priority dates that haven't been done. This is very unfair and unjustified. It is like we have been standing in the queue for several hours and a person who came much later than me just sneaked into the queue and got his service done while I am still waiting for my turn. Also the fact that now the UCIS has made the filing of I-485 current adds more insult to the injury that I and others in my position have endured.
The fact that the I-485 was made current and then withdrawn was made a big deal and people wanted to file cases, whereas the plight of people like me who are still waiting for the labor cert to be cleared has been totally
ignored, inspite of the fact that people who applied for labor much later
have been approved through the traditional process.
We want to file a case ASAP with the DOL or other relevant
authority regarding this issue and the unfair way of the process that we
have been subjected to. So can all those folks who have been affected by this join and voice your support? We shoud put up this fight because this is in no way justified. Why would it be?
The next steps should be:
- Get all of the support we need from all affected folks ASAP
- Get in touch with a lawyer who can help us to prepare the case
- File the case in a court against DOL
- Make sure we get justice
Please join and show your support. Please help!!!
The manner in which the backlog reduction center have been processing the
labor certs seems to be very unfair for people like me and others who have been affected. I know of cases with priority dates as late as 2005 that have gone through the traditional process and have been approved already. And there are cases like mine and others with much earlier priority dates that haven't been done. This is very unfair and unjustified. It is like we have been standing in the queue for several hours and a person who came much later than me just sneaked into the queue and got his service done while I am still waiting for my turn. Also the fact that now the UCIS has made the filing of I-485 current adds more insult to the injury that I and others in my position have endured.
The fact that the I-485 was made current and then withdrawn was made a big deal and people wanted to file cases, whereas the plight of people like me who are still waiting for the labor cert to be cleared has been totally
ignored, inspite of the fact that people who applied for labor much later
have been approved through the traditional process.
We want to file a case ASAP with the DOL or other relevant
authority regarding this issue and the unfair way of the process that we
have been subjected to. So can all those folks who have been affected by this join and voice your support? We shoud put up this fight because this is in no way justified. Why would it be?
The next steps should be:
- Get all of the support we need from all affected folks ASAP
- Get in touch with a lawyer who can help us to prepare the case
- File the case in a court against DOL
- Make sure we get justice
Please join and show your support. Please help!!!
more...
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gauravster
02-25 02:41 PM
Jchan, I completely agree with you. We should look into how we can get attention of this to the concerned people and not side tracked.
Hi kate123, either it is a legislative fix or not, it's not up to us to decide. I saw the danger of our time and effort being sidetracked by trying to argue whether it's a legislative or administrative fix. The new secretary has made it clear that she is willing to push for BOTH Administrative AND Legislative fix if it's deemed necessary. Our goal should be bringing enough attention to her on the pre-application issue and convince her it's a meaningful change that will help both the DHS and the applicants, so she will push for changes. Please let me know if you agree.
Hi kate123, either it is a legislative fix or not, it's not up to us to decide. I saw the danger of our time and effort being sidetracked by trying to argue whether it's a legislative or administrative fix. The new secretary has made it clear that she is willing to push for BOTH Administrative AND Legislative fix if it's deemed necessary. Our goal should be bringing enough attention to her on the pre-application issue and convince her it's a meaningful change that will help both the DHS and the applicants, so she will push for changes. Please let me know if you agree.
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delhiguy79
07-20 11:26 AM
the funnies thing is that NSC update for Nov 20 is just found on Immigration.com and no where else .....SO whats the reliability of that document ?
thats true svam77....thats why i m so concerned...
even my employer is playing games, i think they dont want to do it...i hope atleast they give me my receipt notice...
thats true svam77....thats why i m so concerned...
even my employer is playing games, i think they dont want to do it...i hope atleast they give me my receipt notice...
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little_willy
06-14 11:38 PM
Interesting points. I have a question. When changing employers, after 180-day portability period, do we need to use the EAD or can the new employer file a new H-1B petition on your behalf essentially keeping your non-immigrant status valid at the same time your I-485 applied through your previous employer is still pending. Thanks.
Vinn,
Here are just a few that I can think of rightaway.
1. Once shifted to EAD you loose opportunity to renew or apply for a new H1B if you have not completed six years though.
2. You have to apply for EAD renewal every year and much in advance. H1Bs are issues for 3 year periods.
3. Suppose there is a delay in getting the renewal, you are NOT allowed to work until the renewal comes through. Renewal duration depends on the work load.
4. Fee of EAD is being hiked to $340 per year.
5. Couple of my EAD starting date was the approval date even though the current EAD had not exipred effectively loosing couple of months validity each time.
6. Due to some issues if I-485 gets revoked the EAD/AP are invalidated the very next moment and you accumulate illegal stay and would not have time to get the process going.
On the other hand having a H1B you can apply for EAD any time or not even apply if you have sufficient validity on it. Suppose the I-485 gets rejected you can reapply for a new one or from an another employer and still work/live legally in the US.
EAD allows you to work any type/number of jobs that is the big PLUS though!
TIA
Vinn,
Here are just a few that I can think of rightaway.
1. Once shifted to EAD you loose opportunity to renew or apply for a new H1B if you have not completed six years though.
2. You have to apply for EAD renewal every year and much in advance. H1Bs are issues for 3 year periods.
3. Suppose there is a delay in getting the renewal, you are NOT allowed to work until the renewal comes through. Renewal duration depends on the work load.
4. Fee of EAD is being hiked to $340 per year.
5. Couple of my EAD starting date was the approval date even though the current EAD had not exipred effectively loosing couple of months validity each time.
6. Due to some issues if I-485 gets revoked the EAD/AP are invalidated the very next moment and you accumulate illegal stay and would not have time to get the process going.
On the other hand having a H1B you can apply for EAD any time or not even apply if you have sufficient validity on it. Suppose the I-485 gets rejected you can reapply for a new one or from an another employer and still work/live legally in the US.
EAD allows you to work any type/number of jobs that is the big PLUS though!
TIA
shyamkishore
05-17 04:32 PM
Done
akred
03-14 12:03 AM
Suppose I initially worked as an Engineer, and got labor and I-140 approved. Now, say I totally change my field to become a Business Development Manager, can I still port the older PD from the previous I-140 (assuming that a new labor and 140 will need to be filed for the new job) or does the job have to be same or similar for me to port the older PD?
Any inputs? Thanks!
Of course. In fact this type of career change is required if you want to port a PD (EB3->EB2) while using experience gained with the same employer to qualify for the job.
Any inputs? Thanks!
Of course. In fact this type of career change is required if you want to port a PD (EB3->EB2) while using experience gained with the same employer to qualify for the job.
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