anai
03-28 11:35 AM
Ladies & Gentlemen
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But the thing is that Labor Certification issues are taken care with PERM implementation. Also the administration set up 2 BECs to take care of them back logs. Now the issue is purely administrative and not law making. Also BECs made it clear that by Oct 2007 all the back logs will be cleared.
.
.
.
babu.
I can't believe you think the Oct 2007 thing is serious. You should immediately apply for a green card as a person of "extraordinary gullibility." Yes, there is such a category; DOL said so.
.
.
.
But the thing is that Labor Certification issues are taken care with PERM implementation. Also the administration set up 2 BECs to take care of them back logs. Now the issue is purely administrative and not law making. Also BECs made it clear that by Oct 2007 all the back logs will be cleared.
.
.
.
babu.
I can't believe you think the Oct 2007 thing is serious. You should immediately apply for a green card as a person of "extraordinary gullibility." Yes, there is such a category; DOL said so.
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eager_immi
07-18 09:42 AM
Ask her to come back immediately to the US and go to the local court and get married. It is a simple solution. Hi,
Here is my situation. I can apply for I-485 since my labor(PD - Mar 05) has cleared and I-140 has been filed.
But, I have a fiancee and we are getting married in September 2007. She is on H1-B but currently traveling in India.
We cannot get married before September 2007, so, as far as I understand, I cannot add her into my AOS filing right now. And, as far as I understand they are gonna retrogress the dates to oblivion after August 17, 2007.
1. So, my question is, would she have to wait until my priority date become current again before she can add herself into my AOS application?
2. Let's say the answer for question 1 is YES. What happens if due to whatever reason, my I-140 gets approved BEFORE my priority date becomes current, so, in that scenario I wouldn't have been able to apply for her AOS anyway? Then, what are our options?
3. Let's say the answer for question 1 is NO. Then, is there a special processing I need to do to add her since my priority dates will not be current anytime soon because of the retrogression?
Please remember, she DOES carry H1-B on her own.
Thank you,
gc101.
Here is my situation. I can apply for I-485 since my labor(PD - Mar 05) has cleared and I-140 has been filed.
But, I have a fiancee and we are getting married in September 2007. She is on H1-B but currently traveling in India.
We cannot get married before September 2007, so, as far as I understand, I cannot add her into my AOS filing right now. And, as far as I understand they are gonna retrogress the dates to oblivion after August 17, 2007.
1. So, my question is, would she have to wait until my priority date become current again before she can add herself into my AOS application?
2. Let's say the answer for question 1 is YES. What happens if due to whatever reason, my I-140 gets approved BEFORE my priority date becomes current, so, in that scenario I wouldn't have been able to apply for her AOS anyway? Then, what are our options?
3. Let's say the answer for question 1 is NO. Then, is there a special processing I need to do to add her since my priority dates will not be current anytime soon because of the retrogression?
Please remember, she DOES carry H1-B on her own.
Thank you,
gc101.
apb
08-13 02:14 PM
Bumping
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nlssubbu
08-22 06:49 PM
My understanding was that once the 485 is filed, you go by RD. It doesn't matter what your PD is...
Does anyone know what the legislation is?
First your PD has to be current for USCIS to look into your RD.
Does anyone know what the legislation is?
First your PD has to be current for USCIS to look into your RD.
more...
eb2waiter
05-28 06:16 PM
You should rather analyze how many people from India made innovations like starting a company, a technology, patenting a process etc, on H1B versus on GC?.
Innovation starts when slavery ends. Free thinking and ideas arise often even on H1B, but people can easily act on them when not having to worry about getting kicked out of the country. For your information there are a LOT of companies (and patents) started by Indians who have made it big here. Most of them came on H1B. Similarly there are a lot of companies in the tech area that are starting up in India.
Again best and brightest does not mean innovation and patents alone. It can also refer to the ability to solve existing problems, design processes that need not be patentable.
Hi,
I found this interesting comment from a blog. It has been posted by an H.R. representative who has access to H1B and GC users' records. The points raised are indeed valid and they seem to have a 'case' against us. I do not by any means want to undermine our efforts but it does provide a perspective from the 'citizens' perspective.
The bill would also drastically increase the number of H-1B visas issued to foreign professional workers. As a Human Resources representative, I see first hand how the H-1B visa and employment based green card programs actually work together to drive U.S. white collar workers from their jobs and even from their careers. To begin with, there is virtually nothing in the law that prevents employers from hiring H-1Bers for open positions even if qualified Americans are available and willing to do the work. Americans are routinely laid off and replaced with lower paid H-1Bers also. In these cases, Americans have practically no legal recourse available under current law. H-1B is also a dual intent visa, so an employer may sponsor an H-1Ber for an EB green card for legal permanent resident status. When a company seeks to sponsor a foreign worker for an EB green card, they are required by law to demonstrate a good faith effort to recruit Americans first. This process is called labor certification. But employers routinely game the labor certification process for green card sponsorship to defraud even well qualified citizen job applicants in favor of low wage foreigners. They use fake job ads and/or bad faith interviews of American citizens to convince the federal government that they tried to find American workers first. These practices are common in high tech and even in some non-tech industries, but HR people are told to keep quiet about it or lose their jobs.
I would be in favor of a program that issues a small number of self-sponsoring green cards for truly innovative foreign nationals on a competitive basis. But very few of the H-1Bers or green card applicants that I have seen in 10+ years even come close to being truly innovative. Most are just practitioners with skills that are actually quite common among the domestic workforce. The only thing special about these foreigners is that they will work for substantially less than Americans in order to have a chance to become legal permanent residents. Thus they are used by management to sweeten corporate balance sheets.
The prevailing wage regulations are supposed to insure that foreign nationals are paid the same as their American counterparts in the same job functions, but these regulations are so riddled with loopholes that they are a bad joke.
Since my work allows me to have access to salary records, I can tell you that the labor cost savings for H-1Bers and green card applicants is substantially greater than the costs of filing the applications with the government.
Citizens should demand that both the H-1B and employment based green card programs be abolished in their current form.
My point is if we check our credentials, how many of us are 'true' innovators? I know I am not, I am an expert in what I do and am an asset to my company but I haven't filed any patents or publications which would be the true requirement for this country. My skills are indeed readily available in domestic workers as well. Could that be the reason for the backlog in EB-3 and none in EB-1? So do we need to do a reality check here? Just wondering if this could be the reason why we're getting a raw deal. Could it be that 'highly skilled' is not enough but 'genius' and 'highly skilled' is what's required here? Just a thought.
Innovation starts when slavery ends. Free thinking and ideas arise often even on H1B, but people can easily act on them when not having to worry about getting kicked out of the country. For your information there are a LOT of companies (and patents) started by Indians who have made it big here. Most of them came on H1B. Similarly there are a lot of companies in the tech area that are starting up in India.
Again best and brightest does not mean innovation and patents alone. It can also refer to the ability to solve existing problems, design processes that need not be patentable.
Hi,
I found this interesting comment from a blog. It has been posted by an H.R. representative who has access to H1B and GC users' records. The points raised are indeed valid and they seem to have a 'case' against us. I do not by any means want to undermine our efforts but it does provide a perspective from the 'citizens' perspective.
The bill would also drastically increase the number of H-1B visas issued to foreign professional workers. As a Human Resources representative, I see first hand how the H-1B visa and employment based green card programs actually work together to drive U.S. white collar workers from their jobs and even from their careers. To begin with, there is virtually nothing in the law that prevents employers from hiring H-1Bers for open positions even if qualified Americans are available and willing to do the work. Americans are routinely laid off and replaced with lower paid H-1Bers also. In these cases, Americans have practically no legal recourse available under current law. H-1B is also a dual intent visa, so an employer may sponsor an H-1Ber for an EB green card for legal permanent resident status. When a company seeks to sponsor a foreign worker for an EB green card, they are required by law to demonstrate a good faith effort to recruit Americans first. This process is called labor certification. But employers routinely game the labor certification process for green card sponsorship to defraud even well qualified citizen job applicants in favor of low wage foreigners. They use fake job ads and/or bad faith interviews of American citizens to convince the federal government that they tried to find American workers first. These practices are common in high tech and even in some non-tech industries, but HR people are told to keep quiet about it or lose their jobs.
I would be in favor of a program that issues a small number of self-sponsoring green cards for truly innovative foreign nationals on a competitive basis. But very few of the H-1Bers or green card applicants that I have seen in 10+ years even come close to being truly innovative. Most are just practitioners with skills that are actually quite common among the domestic workforce. The only thing special about these foreigners is that they will work for substantially less than Americans in order to have a chance to become legal permanent residents. Thus they are used by management to sweeten corporate balance sheets.
The prevailing wage regulations are supposed to insure that foreign nationals are paid the same as their American counterparts in the same job functions, but these regulations are so riddled with loopholes that they are a bad joke.
Since my work allows me to have access to salary records, I can tell you that the labor cost savings for H-1Bers and green card applicants is substantially greater than the costs of filing the applications with the government.
Citizens should demand that both the H-1B and employment based green card programs be abolished in their current form.
My point is if we check our credentials, how many of us are 'true' innovators? I know I am not, I am an expert in what I do and am an asset to my company but I haven't filed any patents or publications which would be the true requirement for this country. My skills are indeed readily available in domestic workers as well. Could that be the reason for the backlog in EB-3 and none in EB-1? So do we need to do a reality check here? Just wondering if this could be the reason why we're getting a raw deal. Could it be that 'highly skilled' is not enough but 'genius' and 'highly skilled' is what's required here? Just a thought.
chanduv23
09-22 04:54 PM
Hi,
I am joining with Tek systems and they don't give as permanent position in offer letter rather just said contractor.. but I am full time with my current employer.
Do you think its going to be any problem from changing Full time to Contractor?
AC21 letter - wording is very important - the offer MUST be Permanant fulltime and the prospects for future employment must also be good - this is exactly what they request in a RFE or a NOID.
If your letter says it is temporary position, you will have issues.
I am joining with Tek systems and they don't give as permanent position in offer letter rather just said contractor.. but I am full time with my current employer.
Do you think its going to be any problem from changing Full time to Contractor?
AC21 letter - wording is very important - the offer MUST be Permanant fulltime and the prospects for future employment must also be good - this is exactly what they request in a RFE or a NOID.
If your letter says it is temporary position, you will have issues.
more...
paritp
08-11 10:45 AM
he was right....and 8th may is a very very decent movement.......we should all be happy,atleast the dates are moving.
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saileshdude
07-09 10:32 PM
Can anyone recommend attorney who are good in AC21 and I-485 Motion To Reopen cases. Who is better, muthy or Oh law firm, or Ron Gotcher ? I am confused as to whose services I should take knowing that my I-140 will be revoked and if I have to file MTR.
more...
WeShallOvercome
11-06 03:43 PM
I agree, It's not worth investing in India and going through all the legal hassles when it comes to getting it back.
I myself invested a small amount there 2 years ago, which has grown quite a bit but I'm not sure if and how I can get it here.
One thing I'm doing is that whenever myself or my family goes to India, We don't take much money with us from here. We just spend from whatever we already have in India. My brother is a joint account holder in my savings account with HDFC. I just sell some stocks and transfer that money to our HDFC account, he withdraws money and hands it over to us when we reach there.
Whatever you earn in India, spend in India :)
I myself invested a small amount there 2 years ago, which has grown quite a bit but I'm not sure if and how I can get it here.
One thing I'm doing is that whenever myself or my family goes to India, We don't take much money with us from here. We just spend from whatever we already have in India. My brother is a joint account holder in my savings account with HDFC. I just sell some stocks and transfer that money to our HDFC account, he withdraws money and hands it over to us when we reach there.
Whatever you earn in India, spend in India :)
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chicago60607
09-23 12:23 PM
No, the horse bill is done. They continue with the immigration for military families
King will, as usual, will come up with alot of amendments again. By the way, they have to finish with the horse bill and then they will come to our bill and then they have to finish the nurse bill. All the bills along with the Mr.Kings amendements have to be done in 2hrs because it starts at 3PM and ends at 5PM.
King will, as usual, will come up with alot of amendments again. By the way, they have to finish with the horse bill and then they will come to our bill and then they have to finish the nurse bill. All the bills along with the Mr.Kings amendements have to be done in 2hrs because it starts at 3PM and ends at 5PM.
more...
capriol
06-29 02:48 PM
Friends, my AP renewal was received by TSC on June 7th (the receipt notice says that), but the on-line status check still says Initial Review. Any body in the same boat waiting with a June 7 receipt date still pending/Intial Review? Or has your case been approved as of that date? Please let me know.
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go_guy123
07-02 12:38 AM
These ppl are talking about giving amnesty to ILLEGALS...let me repeat it.. amnesty=award for being ILLEGAL. They have done that before and all of a sudden we F'KIN LEGAL TEMP WORKERS from India/China have to worry about the LEGAL aspect of filing a law-suit.
Something is seriously screwed up with this. This is no different than a pseudo-SLAVERY. Now all of a sudden most of you will say, no one put a gun on your head to work. Ofcourse not, but why hell do they create a dual intent H1FU?K Visa where they show you the carrot and create a indentured servant system and discriminate on the basis of the country of your birth. It is discrimination. Trust me when there was SLAVERY in the US , it was defined LEGAL.
It is dual intent meaning they will give you visa even if you intend to immigrate
to US using either EB or Family Based categories. That is it.
It never guarantees the GC. Therefore this lawsuit has no merit.
A lot of people including my friends applied without having any clue about per country quota etc and believed they will get in 4 years.
Something is seriously screwed up with this. This is no different than a pseudo-SLAVERY. Now all of a sudden most of you will say, no one put a gun on your head to work. Ofcourse not, but why hell do they create a dual intent H1FU?K Visa where they show you the carrot and create a indentured servant system and discriminate on the basis of the country of your birth. It is discrimination. Trust me when there was SLAVERY in the US , it was defined LEGAL.
It is dual intent meaning they will give you visa even if you intend to immigrate
to US using either EB or Family Based categories. That is it.
It never guarantees the GC. Therefore this lawsuit has no merit.
A lot of people including my friends applied without having any clue about per country quota etc and believed they will get in 4 years.
more...
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Prabhat
03-10 01:18 PM
I agree with PAPPU
That's what i see, there are around 50,000 members in our LOBBY and it has become hard to gather 5000 members....
HOW SAD it is that WE ARE not worried about
OUR OWN FAMILY
OUR OWN CARRIER
OUR OWN FUTURE
Let's WAKE UP EACH AND EVERY person
***********
Will be there in the DC Rally ( 100 % )
That's what i see, there are around 50,000 members in our LOBBY and it has become hard to gather 5000 members....
HOW SAD it is that WE ARE not worried about
OUR OWN FAMILY
OUR OWN CARRIER
OUR OWN FUTURE
Let's WAKE UP EACH AND EVERY person
***********
Will be there in the DC Rally ( 100 % )
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anilnag
01-23 11:48 AM
It is typo.
I knew no one will believe it. But Ron is saying it from the beginning of this year that EB3I will move considerably briefly later this year. Check out the following thread.
http://immigration-information.com/forums/showthread.php?t=6963
Ron's Quote: I think that we will see quota relief this year. If so, your priority date will become current this year. That's the good news. The bad news is that this has nothing whatsoever to do with CIS processing, which will not only remain slow, but will undoubtedly get slower.
Anyone familiar with the 'Quota Relief'? Pls throw some light.
I knew no one will believe it. But Ron is saying it from the beginning of this year that EB3I will move considerably briefly later this year. Check out the following thread.
http://immigration-information.com/forums/showthread.php?t=6963
Ron's Quote: I think that we will see quota relief this year. If so, your priority date will become current this year. That's the good news. The bad news is that this has nothing whatsoever to do with CIS processing, which will not only remain slow, but will undoubtedly get slower.
Anyone familiar with the 'Quota Relief'? Pls throw some light.
more...
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reddymjm
05-13 02:26 PM
well ..the problem is by the time EB3 - person gets his chance --he may become more qualified than a EB2 candidate ..esp in IT. for eg -- tell me who is more qualified.
say a person does MS (maybe from timbuktu) has 1-2 years experience (EB2) ..and there is another EB3 person with 4 year college - 3 yr experience when he applied in 2001 .(so now he has 10 yr experience and along the way he got certifications etc) ..so now who is more valuable ??
the problem is there are (some have been rectified) lot of loopholes, problems, inefficiencies (and I care rat's a__ attitude at USCIS) ..how else can you justify the wastage of visas every year ..when the US needs immigrants just as immigrants need US
How many of MS(EB2) candidates got Jobs without faking their resumes. I am not saying all EB3 are not doing that. At the same time not all companies do EB2.
say a person does MS (maybe from timbuktu) has 1-2 years experience (EB2) ..and there is another EB3 person with 4 year college - 3 yr experience when he applied in 2001 .(so now he has 10 yr experience and along the way he got certifications etc) ..so now who is more valuable ??
the problem is there are (some have been rectified) lot of loopholes, problems, inefficiencies (and I care rat's a__ attitude at USCIS) ..how else can you justify the wastage of visas every year ..when the US needs immigrants just as immigrants need US
How many of MS(EB2) candidates got Jobs without faking their resumes. I am not saying all EB3 are not doing that. At the same time not all companies do EB2.
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akgind
11-06 12:50 PM
Congratulations! How come it got approved when your dates are not current?
Please see my signature. "earlier PD successfully ported"
EB2 Aug 2002
Please see my signature. "earlier PD successfully ported"
EB2 Aug 2002
more...
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sbabunle
03-28 04:18 PM
Dear Coolstonesa
No I did not forget the pain of that LC. And I'll never forget that in my life either. All that I said was we should prioritize our issues. If everybody says PBEC issue is the once that should get more focus, I've no problem with that
either.
All that I was trying to say is that now is the time to take care of retrogression. If we miss this chance
we may have to wait a long time. We will get more time to work on BECs down the lane. And nobody is
seeing BEC issue a non serious one. Everybody understands it.
thank you and good luck to all
babu.
No I did not forget the pain of that LC. And I'll never forget that in my life either. All that I said was we should prioritize our issues. If everybody says PBEC issue is the once that should get more focus, I've no problem with that
either.
All that I was trying to say is that now is the time to take care of retrogression. If we miss this chance
we may have to wait a long time. We will get more time to work on BECs down the lane. And nobody is
seeing BEC issue a non serious one. Everybody understands it.
thank you and good luck to all
babu.
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psaxena
06-30 11:35 AM
But Gandhi ji actually did something when he was humiliated , unlike MOST IV MEMBERS" who just talk.. yes right TALK
Something tragic/humiliating on big scale happens to some of the ppl in EB community. Its sad, I guess even Gandhi didnt do anything until he really got humiliated in south africa.
Something tragic/humiliating on big scale happens to some of the ppl in EB community. Its sad, I guess even Gandhi didnt do anything until he really got humiliated in south africa.
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gcisadawg
03-26 03:12 PM
let us start May 2009 predictions.
EB3-I 2003 October
Thanks for taking care of my PD.
My prediction: EB3-I would move to NOV 20th 2001
Also, my predictions for EB3-I for next several years..
Oct 2009--> Jan 1st 2002
Oct 2010--> June 1st 2002
Oct 2011--> Oct 15th 2002
Oct 2012--> Dec 20th 2002
Oct 2013--> April 15th 2003
Oct 2014--> July 1st 2003
Oct 2015--> Oct 15th 2003
There are about 19K to 22K EB3-I I-485 pending as of now with PD Oct 2003 or earlier.. The above is the realistic prediction based on about 3000 EB3-I GC/year.
Regards,
GCisadawg
EB3-I 2003 October
Thanks for taking care of my PD.
My prediction: EB3-I would move to NOV 20th 2001
Also, my predictions for EB3-I for next several years..
Oct 2009--> Jan 1st 2002
Oct 2010--> June 1st 2002
Oct 2011--> Oct 15th 2002
Oct 2012--> Dec 20th 2002
Oct 2013--> April 15th 2003
Oct 2014--> July 1st 2003
Oct 2015--> Oct 15th 2003
There are about 19K to 22K EB3-I I-485 pending as of now with PD Oct 2003 or earlier.. The above is the realistic prediction based on about 3000 EB3-I GC/year.
Regards,
GCisadawg
Diluk
03-13 11:44 AM
EB2 India will move forward to 2091
EB3 World - will retrogress to 1857 there are still some Irish immigrants waiting! l
I'm a EB3 WOrld :mad::mad:
EB3 World - will retrogress to 1857 there are still some Irish immigrants waiting! l
I'm a EB3 WOrld :mad::mad:
willgetgc2005
05-11 01:08 PM
Exactly yebo123.
That is what employers want. To hold you till you have no more juice left.
When in your prime you have given all you got for 5-8 years who cares about you after that, not the employers not the system.
It is all part of the plan. When u are on H1, you have to be 200% productive. That benefits the economy. All and sundry here know the game. So they like you to be the way you are for a long long time.
Contribute to Social security with no benefits, pay taxes, buy cars
etc and boost the economy.
After 5-8 years if you still have the energy left to wait, then sure, you stand a chance after perhaps everyone else gets a GC.
"Good morning, Rhodene & Stockton. How may i help you?"
...
"Yes sir, we do trade in the futures market"
...
"Certainly sir, what would you like to put up?"
...
"So you would like to bet your family's future? No problem"
...
"Non-resident alien, 5yrs H1B... ok"
...
"EB-3? Oh, well, yeah ummm. That complicates things a little. Let me check with my supervisor"
...
...
"Hello sir? You see, the problem is your official odds are sitting at 1:12000. We are not authorized to trade at those levels. However, if you will include your pets' future in the deal we can offer you 1:3 odds."
...
"Don't get upset it is a very reasonable offer. How about if I include a jam donut?"
...
"Great. I will have the paperwork out for your signature in the morning. Have a nice day"
That is what employers want. To hold you till you have no more juice left.
When in your prime you have given all you got for 5-8 years who cares about you after that, not the employers not the system.
It is all part of the plan. When u are on H1, you have to be 200% productive. That benefits the economy. All and sundry here know the game. So they like you to be the way you are for a long long time.
Contribute to Social security with no benefits, pay taxes, buy cars
etc and boost the economy.
After 5-8 years if you still have the energy left to wait, then sure, you stand a chance after perhaps everyone else gets a GC.
"Good morning, Rhodene & Stockton. How may i help you?"
...
"Yes sir, we do trade in the futures market"
...
"Certainly sir, what would you like to put up?"
...
"So you would like to bet your family's future? No problem"
...
"Non-resident alien, 5yrs H1B... ok"
...
"EB-3? Oh, well, yeah ummm. That complicates things a little. Let me check with my supervisor"
...
...
"Hello sir? You see, the problem is your official odds are sitting at 1:12000. We are not authorized to trade at those levels. However, if you will include your pets' future in the deal we can offer you 1:3 odds."
...
"Don't get upset it is a very reasonable offer. How about if I include a jam donut?"
...
"Great. I will have the paperwork out for your signature in the morning. Have a nice day"