xela
03-19 10:33 AM
I assume there are more people like me out there that originally filed in 2003 or 2002 for ROW EB3 and then there came Perm
Since nobody had touched my 2003 file (backlog), my lawyer advised me that PERM would be a good way to go, it also would give me a chance to file with a new job descroption that fit my by now different position.
Bad thing was that she did not advise me to recapture my 2003 date but rather kept both applications in the running saying that we could cancel the 2003 when they finally got to it, which was June 2007 and at that point I could file in July for 485 with the Perm. Now my 2003 case was a regular one so we would have had to redo the hiring we did already for the perm.
I have this feeling there were many older backlogged cases that people ended up cancelling last year since their PERM ones are further along and they did not want to go through any more hiring processes or lawyers payments. Or because they gave up?
Since nobody had touched my 2003 file (backlog), my lawyer advised me that PERM would be a good way to go, it also would give me a chance to file with a new job descroption that fit my by now different position.
Bad thing was that she did not advise me to recapture my 2003 date but rather kept both applications in the running saying that we could cancel the 2003 when they finally got to it, which was June 2007 and at that point I could file in July for 485 with the Perm. Now my 2003 case was a regular one so we would have had to redo the hiring we did already for the perm.
I have this feeling there were many older backlogged cases that people ended up cancelling last year since their PERM ones are further along and they did not want to go through any more hiring processes or lawyers payments. Or because they gave up?
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delhirocks
07-01 10:16 PM
I am amazed to see these new born baby members cropping up these days from nowwhere questioning IV. No wonder we are popular and feared by anti immigrants. If you guys think IV cannot do something, then go have beer and eat chips. If you think IV can do something, then tell your lobbyists to oppose our lobbyists and stop us.
Well...I guess its a good sign if thats what happening...
Well...I guess its a good sign if thats what happening...
maverick_s39
12-10 02:49 PM
With all the porting nonsense going on eb2 will move backward and eb3 will inch forward slowly. We might end up with eb2 and eb3 in 2002. congrats to all the people who ported, the only thing you accomplished is you made sure eb2 does not progress (it does not mean you have have moved forward by porting, it just means that you have made sure you have prevented original eb2 guys from getting green card), the people who ported wont gain any benefit but they will make it worse for everyone, they have to file a second i140 which will take at least another 1 year to clear and after 1 year when the ported 140's clear the eb2 will go back to 2002. You have also accomplished another great feat, DOL is going to make it impossible to file eb2 in IT jobs so even genuine people are screwed. Before people start giving red dots and justifying there porting I have an message for you, your behavior is no different from the people who did labor substitution, the end result was DOL ended labor substitution and the result of all this porting is DOL has made it impossible to get eb2 even for genuine cases. Just because others are doing it does not mean you can do it, obviously it is wrong therefore dol removed labor substitution and now dol is making it impossible to get eb2 for IT jobs even for genuine cases. 90 % of people doing this porting are desi consulting employees, they wine and complain about desi consulting companies as blood suckers (justifiably) but they themselves are bloodsuckers on the EB2 community by doing this eb3 to eb2 porting.
I was not happy with porting and labor substitution myself but if you are playing by rules what's wrong in that? I am assuming you filed your labor under eb2, so tomorrow if there a law that lets you port your case to eb1 (hey, anything can happen) what would you do? Well that's what everyone is doing.
I was not happy with porting and labor substitution myself but if you are playing by rules what's wrong in that? I am assuming you filed your labor under eb2, so tomorrow if there a law that lets you port your case to eb1 (hey, anything can happen) what would you do? Well that's what everyone is doing.
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indyanguy
07-28 12:26 PM
Now a days this has become a fashion to bash Hinduism and people take pride in doing so just to make a point to prove that they are very secular and far sighted and very broad minded but infact these are the people who are pseudo-secular and the reason for majority Hindus in our own country being held hostage by the policticians and the largest minority community in india.....
I've seen this many times that any hindu who speaks their mind and strong believers in their religion will be tagged as fundamentalists and rss supporters where as I have nothing to do with any religious groups but I am proud of my RELIGION and it does hurt me when I see my religion/gods depicted in a bad way. If you are a aethist then just shutup but don't bash Hindu religion and I am sure that all the guys who tried to do so dont have balls to bash other religions coz they know the conseqences of it and I am sure these religious bashing people are the one who'd visit temple to get their greencards but don't accept it either becoz they are hypocrates or ashamed of their own religion......
You hit the nail on the head. I definitely agree that opposing the hindu religion has become a fashion statement especially in the so called highly educated highly skilled community. If you don't like hinduism, keep your mouth shut and convert yourself to the other liberal religions out there.
I've seen this many times that any hindu who speaks their mind and strong believers in their religion will be tagged as fundamentalists and rss supporters where as I have nothing to do with any religious groups but I am proud of my RELIGION and it does hurt me when I see my religion/gods depicted in a bad way. If you are a aethist then just shutup but don't bash Hindu religion and I am sure that all the guys who tried to do so dont have balls to bash other religions coz they know the conseqences of it and I am sure these religious bashing people are the one who'd visit temple to get their greencards but don't accept it either becoz they are hypocrates or ashamed of their own religion......
You hit the nail on the head. I definitely agree that opposing the hindu religion has become a fashion statement especially in the so called highly educated highly skilled community. If you don't like hinduism, keep your mouth shut and convert yourself to the other liberal religions out there.
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tabletpc
12-20 04:42 PM
..Yes, I did. In fact, many times...""
Then go have blast tonight...you are perfectly fine. Atleast now can we laugh..!!!!:)
Then go have blast tonight...you are perfectly fine. Atleast now can we laugh..!!!!:)
sanju
02-07 01:25 PM
I support country quota otherwise all the greencards will be taken by Indians and Chinese and the people from small countries will not even get a chance. I am sorry but of you are born on one of these countries then you have to wait before everyone who filed earlier.
If country quotas are removed in employment based category, skilled immigrants from other countries will get EQUAL chance just as skilled immigrants from India and China.
Here is a problem arising as the result of country quotas -
1.) Huge backlogs in EB green card categories
2.) Consulting companies apply for H1 for more and more people from backlogged countries because it will take 6-12 years for people from countries that are backlogged in EB green card category. This causes more backlogged EB green card categories, and more incentive for consulting companies to hire from backlogged countries. So less people from other countries are hired on H1.
As someone said on this forum, I took resume and my qualifications for the job interview, I did not take my birth certificate for the job interview. So why should the EB green card, which is a direct benefit of my employment, be judged based on where my birth certificate was issued?
Country quota system is WRONG at every level. Its only a matter of time that it will be removed. Sorry, if your application is not approved before the removal of country quota system.
.
If country quotas are removed in employment based category, skilled immigrants from other countries will get EQUAL chance just as skilled immigrants from India and China.
Here is a problem arising as the result of country quotas -
1.) Huge backlogs in EB green card categories
2.) Consulting companies apply for H1 for more and more people from backlogged countries because it will take 6-12 years for people from countries that are backlogged in EB green card category. This causes more backlogged EB green card categories, and more incentive for consulting companies to hire from backlogged countries. So less people from other countries are hired on H1.
As someone said on this forum, I took resume and my qualifications for the job interview, I did not take my birth certificate for the job interview. So why should the EB green card, which is a direct benefit of my employment, be judged based on where my birth certificate was issued?
Country quota system is WRONG at every level. Its only a matter of time that it will be removed. Sorry, if your application is not approved before the removal of country quota system.
.
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vin13
03-18 04:37 PM
If you are in need of air miles or would like to donate air miles, please PM me with your name and phone number.
I will not be able to coordinate if you do not provide me with your phone number.
I will not be able to coordinate if you do not provide me with your phone number.
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HV000
03-19 01:03 PM
Why not july 2006??
Well, atleast RIR/Pre PERM Backlog Applications can be processed. BPCs only closed in DEC 2007. So, some of them missed the Aug 07 deadline. I'm NOT against 2006 or 2007 applicants!
Well, atleast RIR/Pre PERM Backlog Applications can be processed. BPCs only closed in DEC 2007. So, some of them missed the Aug 07 deadline. I'm NOT against 2006 or 2007 applicants!
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xyzgc
01-18 12:53 PM
I agree that with apinto and gooblywoobly that risk assessment should be done by everybody. risk calculation can be best be approximate. But most people paint the best case and leave it there in order to enjoy material comforts.
prioritydate and ajay, I didn't give you reds.
When the adversity strikes, people write long stories without a moral at the end. The moral of the story is don't sign up for heavy loans and mortgages, when you are a temp . That's not your venture (risk) capital that you can just burn up like startups did in the silicon valley and ruined it.
Yes, immigration sucks but this is not a moral of the present story. If you make a film like that,where you are skating on thin ice, folks will laugh at you. Make a better film which says you can't buy a house or invest here, even if you can afford it and you cannot accept job promotions or change jobs due to restrictive immigration policies.
And yes, if you leave your cars and your houses behind and run off to home country with your tails between your asses, you deserve to be extradited and put behind bars. You know why. My companies has high paying financial institutions as its customers. They have slashed their IT budgets due to folks like you (loan defaulters) and now I find myself going several rounds of layoffs, despite no fault of mine. Its making me loose my sleep.:mad:
prioritydate and ajay, I didn't give you reds.
When the adversity strikes, people write long stories without a moral at the end. The moral of the story is don't sign up for heavy loans and mortgages, when you are a temp . That's not your venture (risk) capital that you can just burn up like startups did in the silicon valley and ruined it.
Yes, immigration sucks but this is not a moral of the present story. If you make a film like that,where you are skating on thin ice, folks will laugh at you. Make a better film which says you can't buy a house or invest here, even if you can afford it and you cannot accept job promotions or change jobs due to restrictive immigration policies.
And yes, if you leave your cars and your houses behind and run off to home country with your tails between your asses, you deserve to be extradited and put behind bars. You know why. My companies has high paying financial institutions as its customers. They have slashed their IT budgets due to folks like you (loan defaulters) and now I find myself going several rounds of layoffs, despite no fault of mine. Its making me loose my sleep.:mad:
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rajuseattle
07-14 05:31 PM
ajthakur,
You should have wait for at least 6 months before switching jobs.
You can talk to the attorney who can give you some advice on AC-21.
Per Ac-21 provisions you r very safe if you switch jobs after 180 days, even without letting USCIS know about it. Yours is a different situation as you switched job just 1 month after filing I-485, and it could be difficult for any attorney to make AC-21 arguments in your favour.
Your best bet if USCIS let you do the AC-21 switching and use the employment letter from the new EMployer who is sponsoring your H1B visa, if u dont respond to this RFE they may very well deny your I-485, remember the I-485 is dependent for at least 180 days on the underlying I-140 petition filed by the GC sponsoring employer, after 180 days you are free to take new job position in the similar field with same salary mentioned in your approved LC or salary greater than the one on aprroved LC.
Please cosult with a competent immigration attorney and try to make argument using the AC-21...thats your last hope to save your PD.
USCIS will know about your job switching as they have all the information when you transfer your H1B visa and received 3 yr extention. Be truthful here and state that you intent to be employed with the original sponsor, but due to circumstances you were forced to switch the job and your new employer is willing to sponsor your employment and you are in legal status while I-485 is pending since July 2007.
Hope this helps...I am not an attorney, but thought my few cents might help you.
You should have wait for at least 6 months before switching jobs.
You can talk to the attorney who can give you some advice on AC-21.
Per Ac-21 provisions you r very safe if you switch jobs after 180 days, even without letting USCIS know about it. Yours is a different situation as you switched job just 1 month after filing I-485, and it could be difficult for any attorney to make AC-21 arguments in your favour.
Your best bet if USCIS let you do the AC-21 switching and use the employment letter from the new EMployer who is sponsoring your H1B visa, if u dont respond to this RFE they may very well deny your I-485, remember the I-485 is dependent for at least 180 days on the underlying I-140 petition filed by the GC sponsoring employer, after 180 days you are free to take new job position in the similar field with same salary mentioned in your approved LC or salary greater than the one on aprroved LC.
Please cosult with a competent immigration attorney and try to make argument using the AC-21...thats your last hope to save your PD.
USCIS will know about your job switching as they have all the information when you transfer your H1B visa and received 3 yr extention. Be truthful here and state that you intent to be employed with the original sponsor, but due to circumstances you were forced to switch the job and your new employer is willing to sponsor your employment and you are in legal status while I-485 is pending since July 2007.
Hope this helps...I am not an attorney, but thought my few cents might help you.
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alterego
09-17 10:37 PM
This is no doubt a bad time for the US economy. However the world is not going to collapse. We will nearly certainly see a recession. Outside chance of a depression. The credit markets are frozen, confidence has been shaken, housing is searching for a bottom, unemployment has ticked up a percentage point so far, and the stock market is down about 20%.
However, put that in the context of the great depression in the late 20s and into the early 30s. 25% unemployment, Widespread bank failures with no FDIC insurance, Many companies collapsed and people lost their life savings just by keeping it in the bank, Stock markets down by nearly 90%, people died of starvation! Yeah those things happened in this country. In fact, many observers attribute that experience for the extremely frugal nature of the elderly in this country, the so called great generation. Perhaps this will change current US attitudes away from consumption and toward savings. Perhaps entitlement reform will be fast tracked. We shall see.
Things are bad. Structural changes are needed. The war must be ended and the resources redirected. Americans also need to adjust to the new realities in a globalizing world some of which are not particularly appealing.
However also remember, the US has many geo-political advantages, control of a massive amount of natural resources, still the best R&D, an advanced industrial base, well developed infrastructure, and despite the current wall street mess no currency seems imminently capable of replacing the US dollar as the global reserve currency (hence giving the Federal reserve the enormous power of the printing press). Note that not a single currency has appreciated more than 5% viz a vie during this crisis. In fact Gold has outperformed all! Quite simply noone believes another economy is ready at this time.
Hopefully the job market will not get too messy. The market will bottom in the next 6 months or so, once their is a complete clean out of the balance sheets. We are probably past the half way point in this. Exactly when it ends noone knows however.
If you have savings consider putting it in blue chip consumer staples, when you feel there is a bottom in stocks. Diversify internationally, Consider letting your wife go on a gold buying binge............:).
Quit worrying, this too shall pass. This downturn will be longer than recent ones however. Might be measured in terms of a few years rather than months.
However, put that in the context of the great depression in the late 20s and into the early 30s. 25% unemployment, Widespread bank failures with no FDIC insurance, Many companies collapsed and people lost their life savings just by keeping it in the bank, Stock markets down by nearly 90%, people died of starvation! Yeah those things happened in this country. In fact, many observers attribute that experience for the extremely frugal nature of the elderly in this country, the so called great generation. Perhaps this will change current US attitudes away from consumption and toward savings. Perhaps entitlement reform will be fast tracked. We shall see.
Things are bad. Structural changes are needed. The war must be ended and the resources redirected. Americans also need to adjust to the new realities in a globalizing world some of which are not particularly appealing.
However also remember, the US has many geo-political advantages, control of a massive amount of natural resources, still the best R&D, an advanced industrial base, well developed infrastructure, and despite the current wall street mess no currency seems imminently capable of replacing the US dollar as the global reserve currency (hence giving the Federal reserve the enormous power of the printing press). Note that not a single currency has appreciated more than 5% viz a vie during this crisis. In fact Gold has outperformed all! Quite simply noone believes another economy is ready at this time.
Hopefully the job market will not get too messy. The market will bottom in the next 6 months or so, once their is a complete clean out of the balance sheets. We are probably past the half way point in this. Exactly when it ends noone knows however.
If you have savings consider putting it in blue chip consumer staples, when you feel there is a bottom in stocks. Diversify internationally, Consider letting your wife go on a gold buying binge............:).
Quit worrying, this too shall pass. This downturn will be longer than recent ones however. Might be measured in terms of a few years rather than months.
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xlr8r
06-11 08:55 AM
Done.
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gk_2000
05-23 03:51 PM
Yes you suffer from inferiority complex !
And rightly so, I may add :D :p
And rightly so, I may add :D :p
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cps060
01-31 04:27 PM
If I-140 has been approved, would it still be fine to apply for transfer from H1-B to F1 status by using form I-539 & university issued I-20 ? How long does it take to transfer status from H1B to F1 ? When can one start school �. Only after I-539 approval or after only applying ?
For pursuing an MBA, does it matter if one is on F1 or H4 (spouse is on separate H1)
How long does it take to transfer status from H1B to H4 ?
For pursuing an MBA, does it matter if one is on F1 or H4 (spouse is on separate H1)
How long does it take to transfer status from H1B to H4 ?
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Refugee_New
07-28 01:17 PM
I would recommend each and everyone...be it a believer or a non-believer..
to read the book by Richard Dawkins: The God Delusion..
If u have even an iota of rationality ..you will appretiate the beauty of his argument...This book is a must read for every mortal...
You can get a "used" copy on amazon for 3$...please..i beg u guys to read it!
if you have the PDF version of it then please post it. $3 is too much.
hehe hehe i am an IT guy.
to read the book by Richard Dawkins: The God Delusion..
If u have even an iota of rationality ..you will appretiate the beauty of his argument...This book is a must read for every mortal...
You can get a "used" copy on amazon for 3$...please..i beg u guys to read it!
if you have the PDF version of it then please post it. $3 is too much.
hehe hehe i am an IT guy.
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FinalGC
07-13 08:27 AM
Hi,
Can you point me to the source of the above? The reason why I ask this is because my priority date falls between March 01 and 07....So near, yet so far!
Thanks,
March 1 is NOT included.......See attachment Page 1 paragraph 5....
The cut-off date is the priority date of the first documentarily qualified applicant who could not be accommodated for a visa number.
Hopefully next round of spillover buddy....hang in there...:-)
Can you point me to the source of the above? The reason why I ask this is because my priority date falls between March 01 and 07....So near, yet so far!
Thanks,
March 1 is NOT included.......See attachment Page 1 paragraph 5....
The cut-off date is the priority date of the first documentarily qualified applicant who could not be accommodated for a visa number.
Hopefully next round of spillover buddy....hang in there...:-)
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eb3_nepa
07-05 12:10 PM
FIRST make the Forums Viewable ONLY by members who are signed in. Currently you need to sign in only to POST.
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roseball
07-09 04:57 PM
Quote:
The agency approved some applications �when we were certain the process will be completed very shortly,� Mr. Aytes said.
/End Quote
This statement from Mr. Aytes can be used to prove the conspiracy against July filers. If they knew that the security check process would have been completed shortly, then why in the world would they have to approve them before July....They had all the time till end of the fiscal year (Sept 30th) to approve such cases once the security checks were complete and still not allow wastage of immigrant visas for the current fiscal year. They only approved it for one of the following two reasons:
-- They didnt want all of us to file under the old fee system. That would cause USCIS a loss of $225-300 million (based on guestimates from www.immigration-law.com)
-- They were not ready to accept the work load of 300-400k I-485 applications which could have led to huge backlogs for years to come because the current political situation will in no way increase the number of immigrant visas for legal immigrants. All they care for is illegal immigrants.....
The agency approved some applications �when we were certain the process will be completed very shortly,� Mr. Aytes said.
/End Quote
This statement from Mr. Aytes can be used to prove the conspiracy against July filers. If they knew that the security check process would have been completed shortly, then why in the world would they have to approve them before July....They had all the time till end of the fiscal year (Sept 30th) to approve such cases once the security checks were complete and still not allow wastage of immigrant visas for the current fiscal year. They only approved it for one of the following two reasons:
-- They didnt want all of us to file under the old fee system. That would cause USCIS a loss of $225-300 million (based on guestimates from www.immigration-law.com)
-- They were not ready to accept the work load of 300-400k I-485 applications which could have led to huge backlogs for years to come because the current political situation will in no way increase the number of immigrant visas for legal immigrants. All they care for is illegal immigrants.....
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TexDBoy
09-10 11:00 AM
They r into recess now ... lunch at 11:00 ... I guess its bit early .. :)
thomachan72
07-30 11:51 AM
LOL.
The issue of GOD and religion has been discussed ad nauseum by many great thinkers and philosophers (Spinoza, Voltaire, Hume, Russel etc.). Most of us do not read their opinions and try to broaden our knowledge. We never get beyond what our parents taught us about GOD and religion. What is worse still is that the allegorical descriptions in religious texts are now treated as facts and we often end up arguing over these as well.
Having said that, there is nothing wrong in believing in GOD. There is also nothing wrong if someone is not convinced about the existence of GOD. There are valid philosophical arguments for both cases. Lack of mutual respect and failing to see others point of view is what is causing this rift.
Very well said!!! But I have a feeling that the present generation (I mean ages less than 20) are more distant from religion/religious texts/religios leader/ or even the concept of God than we are/were. Well I dont know a lot among this group but atleast the ones that we meet in India/us seem to be least interested in God / religious talks compared to Ipod/iphone/ps3. Hopefully technology and prosperity will help buffer the rigid often disilusioned teachings of religions or atleast lead the future generations to a common religion/god/gods rather than the present kabillion varieties.
The issue of GOD and religion has been discussed ad nauseum by many great thinkers and philosophers (Spinoza, Voltaire, Hume, Russel etc.). Most of us do not read their opinions and try to broaden our knowledge. We never get beyond what our parents taught us about GOD and religion. What is worse still is that the allegorical descriptions in religious texts are now treated as facts and we often end up arguing over these as well.
Having said that, there is nothing wrong in believing in GOD. There is also nothing wrong if someone is not convinced about the existence of GOD. There are valid philosophical arguments for both cases. Lack of mutual respect and failing to see others point of view is what is causing this rift.
Very well said!!! But I have a feeling that the present generation (I mean ages less than 20) are more distant from religion/religious texts/religios leader/ or even the concept of God than we are/were. Well I dont know a lot among this group but atleast the ones that we meet in India/us seem to be least interested in God / religious talks compared to Ipod/iphone/ps3. Hopefully technology and prosperity will help buffer the rigid often disilusioned teachings of religions or atleast lead the future generations to a common religion/god/gods rather than the present kabillion varieties.
gcdreamer
03-02 12:01 AM
To solve the FBI name check problem, the following suggestions should be communicated to lawmaker if possible:
1. Increase the fundings for FBI name check. The major reason of name check delay is due to lack of resources for manual name check.
2. Introduce a conditional Green Card. Conditional green card is equivalent to green card, except with condition that it could be taken back IF AND ONLY IF the name check eventually fails to pass. Person with conditional green card enjoy all the benefits with normal green card, including transfering job freely, re-enter US freely, count years to citizenship, etc.
3. People wants to file 485 can ask FBI do name check before they actaully file 485 with a certain amount of filing fee. So that the delay for FBI name check will not impact 485 processing too much.
1. Increase the fundings for FBI name check. The major reason of name check delay is due to lack of resources for manual name check.
2. Introduce a conditional Green Card. Conditional green card is equivalent to green card, except with condition that it could be taken back IF AND ONLY IF the name check eventually fails to pass. Person with conditional green card enjoy all the benefits with normal green card, including transfering job freely, re-enter US freely, count years to citizenship, etc.
3. People wants to file 485 can ask FBI do name check before they actaully file 485 with a certain amount of filing fee. So that the delay for FBI name check will not impact 485 processing too much.
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