u.misc
01-25 02:46 PM
From the day I came to this country , I have spent around $12,000 on immigration including H1-Bs, filing GC, APs, EADs extra. Not to mention the traveling for visa stamps and whole other shit load of expenses. I guess most of people who paid for filing GC did spent same amount of money.
Hell ya, Some one got to be benefiting from my $12000.
AILA should. I heard a lots of para legal staffs are already lost their jobs. Because there were less H1, and GC filings. Actually there is a huge economy based on immigration. If USCIS just changes the rules as they want that would affect lots of US citizens not just few immigrants.
Lets see which businesses/people are making money out of immigration related activities.
1) Attorney
2) Paralegal staff
3) Shipping guys (usps, fedex, etc)
4) Airlines (because immigrant workers has to visit their home country periodically)
5) Consulate
6) USCIS
7) Contractors in USCIS
8) Port of Entry/customs staffs
9) Notaries
10) Doctors/hospitals for getting medical clearance for 485, etc
11) Passport photo shops
12) Airport staffs
13) ....
Hell ya, Some one got to be benefiting from my $12000.
AILA should. I heard a lots of para legal staffs are already lost their jobs. Because there were less H1, and GC filings. Actually there is a huge economy based on immigration. If USCIS just changes the rules as they want that would affect lots of US citizens not just few immigrants.
Lets see which businesses/people are making money out of immigration related activities.
1) Attorney
2) Paralegal staff
3) Shipping guys (usps, fedex, etc)
4) Airlines (because immigrant workers has to visit their home country periodically)
5) Consulate
6) USCIS
7) Contractors in USCIS
8) Port of Entry/customs staffs
9) Notaries
10) Doctors/hospitals for getting medical clearance for 485, etc
11) Passport photo shops
12) Airport staffs
13) ....
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a1b2c3
01-14 12:48 PM
Check what they are paying. I know a company which charges $110-$130 ph to the client and payes around $30K for the employee in L1. Is it good business practice...? Not only desi consulting cos...these a$$ also the reason we are in this mess today. Just imagine when the antis comes to know that 30K pa salary....
V true.
Folks, the memo clearly empowers USCIS to crack down on consulting firms which don't have any in-house infrastructure (other than contractors) to execute projects.
H1B is misused for a long time now by these firms and it was high time they put the screws on these "job shops" as they call it. Unfortunately some talented workers will get impacted.
But if they are talented they will find opportunities elsewhere. Trust me on that. And better opportunities.
Nathan is exactly right. These firms have created a mess by bending rules everywhere.
Don't start speculating that USCIS is trying to throw out all immigrants from this country. I'm surprised that folks don't take a proper view of the situation (yeah..bring the reds on and call me an anti-immigrant).
V true.
Folks, the memo clearly empowers USCIS to crack down on consulting firms which don't have any in-house infrastructure (other than contractors) to execute projects.
H1B is misused for a long time now by these firms and it was high time they put the screws on these "job shops" as they call it. Unfortunately some talented workers will get impacted.
But if they are talented they will find opportunities elsewhere. Trust me on that. And better opportunities.
Nathan is exactly right. These firms have created a mess by bending rules everywhere.
Don't start speculating that USCIS is trying to throw out all immigrants from this country. I'm surprised that folks don't take a proper view of the situation (yeah..bring the reds on and call me an anti-immigrant).
newtoearth
05-02 03:31 PM
...
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JazzByTheBay
12-13 04:34 PM
If someone from country X, Y, or Z comes in on that same quota, that's OK - but we can't accept folks from countries A, B and C??
jazz
Let's assume that it can not be fought within US Constitutional framework then do we have a choice to bring this to international court level? Can US prove that keeping per country immigration quota for EB categories is not a discrimination but a policy to protect its citizens or per say to protect its industry/economy?
jazz
Let's assume that it can not be fought within US Constitutional framework then do we have a choice to bring this to international court level? Can US prove that keeping per country immigration quota for EB categories is not a discrimination but a policy to protect its citizens or per say to protect its industry/economy?
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PlainSpeak
01-14 12:38 PM
PlainSpeak - instead of spending so much time on responding to everyone's criticism of you, why dont you go ahead and detail out the "how" of "what" you think IV should do.
Maybe there is a gap in the understanding of all the posters here in terms of "how" all what you have said will pan out.
Please be specific around who, when, to whom and using what means can the "what" of your proposition be accomplished. And while you are at it, it will also be useful to lay out how and which of the activities you could personally be of help (by devoting time/ money/ energy/ All/ Some Combination).
For all you know, it might open the eyes of a lot of people here.
PlainSpeak - instead of spending so much time on responding to everyone's criticism of you, why dont you go ahead and detail out the "how" of "what" you think IV should do.
My friend if all you abusive people wil stop criticing and providing abusive comments then we can start on teh actual work. I am not going to jump through hoops just because you have asked me to. First let me see whether the attitude of the people out here (Yes i mean you abusive people) will change becasue without doing that if i start on the implementing what i am talkinbg about all you guys will do is sabotage the talk
Maybe there is a gap in the understanding of all the posters here in terms of "how" all what you have said will pan out.
This is a forum right. How what where and when will have to be discussed and worked out (And yes i do not want any credit for it so name it GCHope2001's grand idea for all i care), but ....
If everyone is against the plan from the start (and being vocally abusive about it) how do you think anything will move forward on this
Please be specific around who, when, to whom and using what means can the "what" of your proposition be accomplished. And while you are at it, it will also be useful to lay out how and which of the activities you could personally be of help (by devoting time/ money/ energy/ All/ Some Combination).
Only if i think at least 25 % of all you senior abusive member even agree in principle with what is being proposed. Heck my idea is for releif for EB retrogressed persons and all i get from all you senior memebers and donors is oh he is lazy skill less eb3 and he is doing it to get his creen card and other comments and everyone is all about lets bash this person and oh wow she is a gal so lets do some crude women joke (There was a guy ealier who talked about proper up bringing. I do not see you here any more)
And yes my friends please use this as an oppurtunity to start off a new discussion about how he needs help. My friends everyone needs help. Even you. Even core
For all you know, it might open the eyes of a lot of people here. How can some one open up the eyes of the people who bent on keeping it closed. First is there a concensus on this. I do not see any. Any you want me to stand up ubn front of all these people batying for blood and give a detail idea of ho wi wil accomplish. I do not talk to people like that why would i talk about any plan to those who do not agree with even discussing it forget about implementing it
Maybe there is a gap in the understanding of all the posters here in terms of "how" all what you have said will pan out.
Please be specific around who, when, to whom and using what means can the "what" of your proposition be accomplished. And while you are at it, it will also be useful to lay out how and which of the activities you could personally be of help (by devoting time/ money/ energy/ All/ Some Combination).
For all you know, it might open the eyes of a lot of people here.
PlainSpeak - instead of spending so much time on responding to everyone's criticism of you, why dont you go ahead and detail out the "how" of "what" you think IV should do.
My friend if all you abusive people wil stop criticing and providing abusive comments then we can start on teh actual work. I am not going to jump through hoops just because you have asked me to. First let me see whether the attitude of the people out here (Yes i mean you abusive people) will change becasue without doing that if i start on the implementing what i am talkinbg about all you guys will do is sabotage the talk
Maybe there is a gap in the understanding of all the posters here in terms of "how" all what you have said will pan out.
This is a forum right. How what where and when will have to be discussed and worked out (And yes i do not want any credit for it so name it GCHope2001's grand idea for all i care), but ....
If everyone is against the plan from the start (and being vocally abusive about it) how do you think anything will move forward on this
Please be specific around who, when, to whom and using what means can the "what" of your proposition be accomplished. And while you are at it, it will also be useful to lay out how and which of the activities you could personally be of help (by devoting time/ money/ energy/ All/ Some Combination).
Only if i think at least 25 % of all you senior abusive member even agree in principle with what is being proposed. Heck my idea is for releif for EB retrogressed persons and all i get from all you senior memebers and donors is oh he is lazy skill less eb3 and he is doing it to get his creen card and other comments and everyone is all about lets bash this person and oh wow she is a gal so lets do some crude women joke (There was a guy ealier who talked about proper up bringing. I do not see you here any more)
And yes my friends please use this as an oppurtunity to start off a new discussion about how he needs help. My friends everyone needs help. Even you. Even core
For all you know, it might open the eyes of a lot of people here. How can some one open up the eyes of the people who bent on keeping it closed. First is there a concensus on this. I do not see any. Any you want me to stand up ubn front of all these people batying for blood and give a detail idea of ho wi wil accomplish. I do not talk to people like that why would i talk about any plan to those who do not agree with even discussing it forget about implementing it
oguinan
02-13 11:29 AM
I'm not sure that your numbers add up. There's no guarantee that anybody would receive a green card before their 90 or 180 day I-94 expires. Leaving the US and reentering to remain in status then runs the risk of putting immigration application in danger. In reality - PERM takes a couple of months to complete with advertising, interviewing, preparing documents and filing. The I-140/485 process takes another 6-8 months assuming that there are no RFEs and your case is processed in the faster service centers. This timescale only works for ROW applicants if they meet the EB-2 standard. This is not an easy standard to meet for many people who have worked at the same employer for a number of years.
On a separate note, CIS is supposed to meet a standard where most green card applications are evaluated within less than a year. They claim to meet this standard by quickly approving applications whose dates are current and then not including backlogged applications in their calculations. One more example of fuzzy math at the CIS...
to file a 485 a person has to be in non immigrant status.
The dual intent doctrine applies if a person is on a non dual intent visa and they file a 140 or a 485 and they then try to extend their non immigrant visa. At this point it will get denied. However, as long as they dont' have to renew it (because they have a 485 filed), then they are good to go for the greencard.
it is only an issue in trying to renew a non dual intent visa once you have showed immigrant intent. This would be a person who can't file the 485 but instead has a 140 or 130 filed for them. At this point dos/uscis would not allow them to extend the status or allow them back into the country.
On a separate note, CIS is supposed to meet a standard where most green card applications are evaluated within less than a year. They claim to meet this standard by quickly approving applications whose dates are current and then not including backlogged applications in their calculations. One more example of fuzzy math at the CIS...
to file a 485 a person has to be in non immigrant status.
The dual intent doctrine applies if a person is on a non dual intent visa and they file a 140 or a 485 and they then try to extend their non immigrant visa. At this point it will get denied. However, as long as they dont' have to renew it (because they have a 485 filed), then they are good to go for the greencard.
it is only an issue in trying to renew a non dual intent visa once you have showed immigrant intent. This would be a person who can't file the 485 but instead has a 140 or 130 filed for them. At this point dos/uscis would not allow them to extend the status or allow them back into the country.
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walking_dude
02-13 11:33 AM
Amit, noble thoughts. But that's not how majority of IV members think. We have members who think $50 contribution per month is too much. There is considerable opposition to making IV a paid forum (with even nominal fees of $10 or $20).
Do you think we can get 500 members ready to contribute $500 here? Create a poll on this and see, you'll be lucky if you get 20! Like Jefferson said "those who prefer convenience over freedom and liberty, deserve neither". We are bound to suffer since we aren't ready to act.
I think every body who wants to have a class action law suit should commit for $500 towards the expense. Only when we have commitment for $500 with person name and contact info, then we should move forward with the idea of Class action law suit. We need 500 people to commit for this otherwise there is no point in moving forward in this direction.
There might be some people who will be willing to pay money but not listed as participant, and visa-versa and we should have at least 500 people who are willing to pay.
Do you think we can get 500 members ready to contribute $500 here? Create a poll on this and see, you'll be lucky if you get 20! Like Jefferson said "those who prefer convenience over freedom and liberty, deserve neither". We are bound to suffer since we aren't ready to act.
I think every body who wants to have a class action law suit should commit for $500 towards the expense. Only when we have commitment for $500 with person name and contact info, then we should move forward with the idea of Class action law suit. We need 500 people to commit for this otherwise there is no point in moving forward in this direction.
There might be some people who will be willing to pay money but not listed as participant, and visa-versa and we should have at least 500 people who are willing to pay.
2010 RELEASE Date: July 22, 2011.
Desertfox
07-24 07:59 PM
This is the most accurate evaluation I have ever found on this forum regarding how USCIS works! :D
For USCIS, 2007 was "let's reduce some backlog in EB3-category" year.
It looks like 2008 is " let's reduce some backlog in EB2-category" year.
On both occassions they hid their plans in right in front of us, and said "gotcha" to every one- AILA, IV prognosticators and Ron Gotchers of this world.
I doubt USCIS will openly Re-revise the horizontal spill over policy. If they do that they may be challenged again forcing them to Re-Re-revise which will make them look even more stupider than they do now.
There are other means by which USCIS can deliver justice- mafia style- but within the current law. They need additional help from DOS,DOL, etc.
examples- (1) Generally sit on EB-2 adjudications, delay them and say there are unused EB2 numbers and allow them to spill over to EB-3
(2) Clamp down even further on PERM - stretch it from 8 months to 36 months for every applicant including EB2-ROW, make even more unused numbers available to clear backlogs.
p.s
I do not harbor any ill-will towards ROW or any other category. I honestly think above things are possible. :)
For USCIS, 2007 was "let's reduce some backlog in EB3-category" year.
It looks like 2008 is " let's reduce some backlog in EB2-category" year.
On both occassions they hid their plans in right in front of us, and said "gotcha" to every one- AILA, IV prognosticators and Ron Gotchers of this world.
I doubt USCIS will openly Re-revise the horizontal spill over policy. If they do that they may be challenged again forcing them to Re-Re-revise which will make them look even more stupider than they do now.
There are other means by which USCIS can deliver justice- mafia style- but within the current law. They need additional help from DOS,DOL, etc.
examples- (1) Generally sit on EB-2 adjudications, delay them and say there are unused EB2 numbers and allow them to spill over to EB-3
(2) Clamp down even further on PERM - stretch it from 8 months to 36 months for every applicant including EB2-ROW, make even more unused numbers available to clear backlogs.
p.s
I do not harbor any ill-will towards ROW or any other category. I honestly think above things are possible. :)
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weasley
08-16 06:31 PM
SK2006 and snathan:
I do not agree.
First, there is no "profiling" in India. Everyone gets frisked and security at airports in India is top class.
Rules are rules, provided they apply equally to americans and Indians. otherwise its profiling or discrimination.
In 2000 December, I was travelling to Sydney from Mumbai Airport. I was held and later interviewed separately by a Tamil Speaking officer. Just because my name resembled like Srilankan Tamil. They wanted to ensure that I am not LTTE/or refugee travelling to Australia. Well, I was not offended. I just thought if these idiots have been careful before then would have avoided assasination of Rajiv Gandhi.
I do not agree.
First, there is no "profiling" in India. Everyone gets frisked and security at airports in India is top class.
Rules are rules, provided they apply equally to americans and Indians. otherwise its profiling or discrimination.
In 2000 December, I was travelling to Sydney from Mumbai Airport. I was held and later interviewed separately by a Tamil Speaking officer. Just because my name resembled like Srilankan Tamil. They wanted to ensure that I am not LTTE/or refugee travelling to Australia. Well, I was not offended. I just thought if these idiots have been careful before then would have avoided assasination of Rajiv Gandhi.
hair Red+riding+hood+2011
TeddyKoochu
09-15 06:26 PM
Friends what are the predictions for the coming bulletins (Maybe it�s too early). My 2 cents, Iam assuming quarterly spillover to happen in December, believe that all residual 2003 / 2004 folks will get approval in the next 2 months (I hope Iam not being too optimistic).
Nov VB - 01-MAR-2005
Dec VB - 01-JUN-2005
If we stay on stable ground i.e. the dates don't go back (Its better they move slowly then go back, seeing the dates go back is the most painful thing) then we can visualize the spillover (this is our only lifeline) better.
Nov VB - 01-MAR-2005
Dec VB - 01-JUN-2005
If we stay on stable ground i.e. the dates don't go back (Its better they move slowly then go back, seeing the dates go back is the most painful thing) then we can visualize the spillover (this is our only lifeline) better.
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vjkypally
09-14 03:08 PM
Tere Muh mein:) Ghee Shakkar:D
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villamonte6100
12-14 12:30 PM
Hello All,
First and foremost, i must thank everyone from IV, who is working tirelessly to resolve the issues of retrogression in the GC process. As an affected individual I am very grateful that leaders of IV are ready to contribute so much effort for its goals. And even though I do not actively work for the IV agenda, I have contributed money to some IV action items.
I have a question/suggestion regarding the IV agenda. On IV's about page, pt number 2 asserts amongst other things,
The Discriminatory Per-Country Rationing of Green Cards That Exacerbates the Delays.
and further in the same point
We do not allow employers to discriminate hiring based on their nationality or country of origin. Therefore, the employment-based immigration, which is a derivative benefit of employment, should also be free from rationing based on nationality or country of birth.
I am curious to know what is the "legal" strength of these assertions is. Are they just "moral" statements or can the validity of these statements be tested in the legal framework of this country? In other words, my question is what is the constitutionality of the "Per Country Caps" in Employment / Family Based Immrigration procedures.
A lot of Laws and Statutes have been challenged in the Judicial System of USA. And many more are challenged every year. And if the laws are not constitutional then they can be repealed.
I am sure the leaders of IV must have thought about this argument however a quick search of the forums with 'constitutionality' as the search term did not return any results.
IV's efforts to utilize Lobbying to bring about change to alleviate/eliminate retrogression are certainly beneficial. However, if IV has not already considered and eliminated this legal argument, then it should explore whether there is any substance to this approach.
Hence this post. Below are some of the links that might be relevant.
wikipedia article on constitutionality (http://en.wikipedia.org/wiki/Constitutionality)
wikipedia category on US immigration case law (http://en.wikipedia.org/wiki/Category:United_States_immigration_and_naturalizat ion_case_law)
thanks and sincerely,
--soljabhai
You don't have a case. Before laws are signed, lawmakers spend hours and hours or weeks arguing, debating and modying before it is passed by both Senators and congressmen.
If they change the current law to favor Indians, then it will be disciminatory to other nationals. Think the other way.
Personally, I don't see any discrimination in the existing law. It so happened that you came from Indian and the law only allows a certain percentage per country.
First and foremost, i must thank everyone from IV, who is working tirelessly to resolve the issues of retrogression in the GC process. As an affected individual I am very grateful that leaders of IV are ready to contribute so much effort for its goals. And even though I do not actively work for the IV agenda, I have contributed money to some IV action items.
I have a question/suggestion regarding the IV agenda. On IV's about page, pt number 2 asserts amongst other things,
The Discriminatory Per-Country Rationing of Green Cards That Exacerbates the Delays.
and further in the same point
We do not allow employers to discriminate hiring based on their nationality or country of origin. Therefore, the employment-based immigration, which is a derivative benefit of employment, should also be free from rationing based on nationality or country of birth.
I am curious to know what is the "legal" strength of these assertions is. Are they just "moral" statements or can the validity of these statements be tested in the legal framework of this country? In other words, my question is what is the constitutionality of the "Per Country Caps" in Employment / Family Based Immrigration procedures.
A lot of Laws and Statutes have been challenged in the Judicial System of USA. And many more are challenged every year. And if the laws are not constitutional then they can be repealed.
I am sure the leaders of IV must have thought about this argument however a quick search of the forums with 'constitutionality' as the search term did not return any results.
IV's efforts to utilize Lobbying to bring about change to alleviate/eliminate retrogression are certainly beneficial. However, if IV has not already considered and eliminated this legal argument, then it should explore whether there is any substance to this approach.
Hence this post. Below are some of the links that might be relevant.
wikipedia article on constitutionality (http://en.wikipedia.org/wiki/Constitutionality)
wikipedia category on US immigration case law (http://en.wikipedia.org/wiki/Category:United_States_immigration_and_naturalizat ion_case_law)
thanks and sincerely,
--soljabhai
You don't have a case. Before laws are signed, lawmakers spend hours and hours or weeks arguing, debating and modying before it is passed by both Senators and congressmen.
If they change the current law to favor Indians, then it will be disciminatory to other nationals. Think the other way.
Personally, I don't see any discrimination in the existing law. It so happened that you came from Indian and the law only allows a certain percentage per country.
more...
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chantu
03-30 12:39 PM
I am not saying MMS is the best....but better than others. Do you believe the so called Left the savior of our country. I am not bothering who is ruling or not. My only worry - what is done for our future. I strongly believe Left was the speed bump to the development of the country. Mr.Advani dont have anything but Ram Temple. I hardly see any value in that. He runs his politics based on religon and Ram temple. Let him put the plan and vision for out future, to build stronger India....I will be the first one to vote for him.
Left parties are the worst no doubt about that. Have you gone through the BJP manifesto, its IT vision document and also have you heard about Friends of BJP forums started by Indian businessmen. Yes, Advani runs his politics on religion and Ram temple. Do you think congress does not use religion? Do you hear the news that in Kerala congress has fielded candidates supported by church? Tomorrow if Sri Sri Ravi Shankar or Ramdev baba do the same thing with BJP, our media will shout from the roof top that this is communalism. Do you know Congress is allied with Muslim League in Kerala?
Snathan, all parties use the dirty tricks. Congress, BJP, Communists. But I will always support the party which builds Ram Temple rather than the party which destroys Ram Setu and even denies the existence of Ram.
Left parties are the worst no doubt about that. Have you gone through the BJP manifesto, its IT vision document and also have you heard about Friends of BJP forums started by Indian businessmen. Yes, Advani runs his politics on religion and Ram temple. Do you think congress does not use religion? Do you hear the news that in Kerala congress has fielded candidates supported by church? Tomorrow if Sri Sri Ravi Shankar or Ramdev baba do the same thing with BJP, our media will shout from the roof top that this is communalism. Do you know Congress is allied with Muslim League in Kerala?
Snathan, all parties use the dirty tricks. Congress, BJP, Communists. But I will always support the party which builds Ram Temple rather than the party which destroys Ram Setu and even denies the existence of Ram.
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gomirage
06-12 10:30 PM
Exactly what I had tried to express, you have succinctly put them in numbers. Thank you
Both of you are missing the point. No matter how you spin it, 140,000 people getting GC per is better than reduced quota of say 80,000.
Have you asked yourselves how you would fare if H1B program did not exist. I am not saying that you will not get GC without h1b and EB programs, sure you could go the uggly way, getting married to the fat lady in your apartment building for example.
To sum it up I would take long wait compared to no program or a nobel-prizes only program, any day of the week.
peace.
Both of you are missing the point. No matter how you spin it, 140,000 people getting GC per is better than reduced quota of say 80,000.
Have you asked yourselves how you would fare if H1B program did not exist. I am not saying that you will not get GC without h1b and EB programs, sure you could go the uggly way, getting married to the fat lady in your apartment building for example.
To sum it up I would take long wait compared to no program or a nobel-prizes only program, any day of the week.
peace.
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thomachan72
01-13 01:46 PM
Long 19 page memo - but loud and clear for many scenarios -
http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf
This memo is an eye opener especially for folks on consulting company assignments and those who are self-sponsored or who want to do their own business. Finding a new H1 sponsor would be extremely difficult as well (AC21 folks beware).
Now getting a new H1 or a transfer or a renewal, may be subject to very stringent scrutiny.
This memo has the potential to throw a lot of small boutique Consulting companies out of business and along with it many of their employees - whether they use H1 or not.
Wish the best for all affected folks.
Pray and hope the GC dream is realized faster for all.
Best Wishes
Please explain why these (see above) will be more difficult if you have read it. What precautions / strategy our members can take etc.
http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf
This memo is an eye opener especially for folks on consulting company assignments and those who are self-sponsored or who want to do their own business. Finding a new H1 sponsor would be extremely difficult as well (AC21 folks beware).
Now getting a new H1 or a transfer or a renewal, may be subject to very stringent scrutiny.
This memo has the potential to throw a lot of small boutique Consulting companies out of business and along with it many of their employees - whether they use H1 or not.
Wish the best for all affected folks.
Pray and hope the GC dream is realized faster for all.
Best Wishes
Please explain why these (see above) will be more difficult if you have read it. What precautions / strategy our members can take etc.
dresses Tags: horror movies 2011, 2011
inthehole
07-21 09:54 PM
I apologize if this question has been answered before.
I changed employer "A" after 8 years and joined employer "B" last month.
I have LCA approval copy,I140 approval copy and I485 receipt notice copy. I never had access to my employer A's attorney before and the attorney cannot & will not talk to me now.
Now I am with employer "B" using my EAD. Since all the queries or any RFE's would still go to my previous employer's attorney, I would like to file a change of representation G-28 with a new attorney so that I can receive any future communication from USCIS.
But few attorneys I contacted are asking me for my LCA papers from my employer "A" to get my job description. My employer A will not give it to me.
Also they are insisting that I must send a AC21 portability letter to USCIS on behalf of my new employer B. My new employer B is a big multinational company with heavy Bureaucracy and does not understand AC21 law. As long as I have an EAD, I will be employed by employer "B".
Even though I understand the reasons behind the attorney's suggestions, my question is
1. Can't I just file the Change of Representation G-28 form to make sure that I receive any future communication from USCIS and respond to the same or similar job question if I get an RFE?.
2. Also am I or my new employer B breaking any laws by not sending the AC21 portability letter to USCIS?
(my I140 is approved on 2005 and will not be revoked by my ex employer. Changed job after more than 200 days since I filed my I485)
Thank you.
I changed employer "A" after 8 years and joined employer "B" last month.
I have LCA approval copy,I140 approval copy and I485 receipt notice copy. I never had access to my employer A's attorney before and the attorney cannot & will not talk to me now.
Now I am with employer "B" using my EAD. Since all the queries or any RFE's would still go to my previous employer's attorney, I would like to file a change of representation G-28 with a new attorney so that I can receive any future communication from USCIS.
But few attorneys I contacted are asking me for my LCA papers from my employer "A" to get my job description. My employer A will not give it to me.
Also they are insisting that I must send a AC21 portability letter to USCIS on behalf of my new employer B. My new employer B is a big multinational company with heavy Bureaucracy and does not understand AC21 law. As long as I have an EAD, I will be employed by employer "B".
Even though I understand the reasons behind the attorney's suggestions, my question is
1. Can't I just file the Change of Representation G-28 form to make sure that I receive any future communication from USCIS and respond to the same or similar job question if I get an RFE?.
2. Also am I or my new employer B breaking any laws by not sending the AC21 portability letter to USCIS?
(my I140 is approved on 2005 and will not be revoked by my ex employer. Changed job after more than 200 days since I filed my I485)
Thank you.
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deepakjain
08-15 10:17 AM
If we those who have worked here, paid taxes , abided the law, followed the law of land once we return from India many of us have been questioned. Though as per us nothing might have changed like employer, salary, position, residential address etc etc... still many of our friends are detainted and asked to proved documental proof....{If we who have stayed here for years are detained} then why not SRK or any other person.....
After staying here for 9 years, I was detained in 2007 for 1 hour for questioning.....that way US has more proof about me for past 9 years then SRK or any other Indian bollywood stars....
After staying here for 9 years, I was detained in 2007 for 1 hour for questioning.....that way US has more proof about me for past 9 years then SRK or any other Indian bollywood stars....
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lazycis
02-16 10:11 PM
Read complaint from NGWANYIA v. ASHCROFT case, you will find a lot of similarities with the current situation
http://www.ailf.org/lac/lac_lit_101802.pdf
Also those who are interested in active participation, please join yahoo group by sending e-mail to visa-recapture-subscribe@yahoogroups.com
All we need is one or two members who have time and desire to start the process.
http://www.ailf.org/lac/lac_lit_101802.pdf
Also those who are interested in active participation, please join yahoo group by sending e-mail to visa-recapture-subscribe@yahoogroups.com
All we need is one or two members who have time and desire to start the process.
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srini1976
09-23 06:23 PM
The only missing information to give an almost 90% accurate prediction of the visa bulletin movement are
1. Will DOS do spillover every quarter or only once every year?
2. What would be the number of eb2 and eb1 visa demand from ROW?
the answer to question 2 can be obtained by getting the number of pending PERM Eb2 petitions with DOL, if we get the answer to question 1 from DOS then we can predict the visa bulletin with almost 90% + accuracy.
I don’t think DOS will do a quarter spillover. If DOS does not do a quarter spillover then it will disastrous for EB2 India because there will be a either a repeat of August 2008 visa bulletin where they might move the visa bulletin up to 2006 or 2007 and basically they will give a visa to whoever irrespective of PD which means people with 2004 and 2005 might get left behind again while people from 2007 and 2007 might get GC or an even more disastrous situation might be that if DOL releases a ton of pending EB2 ROW perm applications they have been holding up for over an year in June-July-august 2010 time then DOS might not do a spillover at all for Eb2 India.
The key difference compared to last year is Pre-Adjudication and improved communication between DOS and USCIS.
If not all, Recent spate of approvals for EB 2 - I (based on spill over) - in first few weeks of September 2009 is itself a proof of their improved service (& Pre-Adjudication)
Most likely spill over should happen Quarterly. If not I agree with you - they can make everyone current in the last Quarter and approve irrespective of Priority Date. But its least likely to happen this year. But you never know about USCIS.
1. Will DOS do spillover every quarter or only once every year?
2. What would be the number of eb2 and eb1 visa demand from ROW?
the answer to question 2 can be obtained by getting the number of pending PERM Eb2 petitions with DOL, if we get the answer to question 1 from DOS then we can predict the visa bulletin with almost 90% + accuracy.
I don’t think DOS will do a quarter spillover. If DOS does not do a quarter spillover then it will disastrous for EB2 India because there will be a either a repeat of August 2008 visa bulletin where they might move the visa bulletin up to 2006 or 2007 and basically they will give a visa to whoever irrespective of PD which means people with 2004 and 2005 might get left behind again while people from 2007 and 2007 might get GC or an even more disastrous situation might be that if DOL releases a ton of pending EB2 ROW perm applications they have been holding up for over an year in June-July-august 2010 time then DOS might not do a spillover at all for Eb2 India.
The key difference compared to last year is Pre-Adjudication and improved communication between DOS and USCIS.
If not all, Recent spate of approvals for EB 2 - I (based on spill over) - in first few weeks of September 2009 is itself a proof of their improved service (& Pre-Adjudication)
Most likely spill over should happen Quarterly. If not I agree with you - they can make everyone current in the last Quarter and approve irrespective of Priority Date. But its least likely to happen this year. But you never know about USCIS.
GCOP
09-23 01:07 PM
nixstor,
I sent PM to you. Can you please consider and include that in the proposal. Thanks,
I sent PM to you. Can you please consider and include that in the proposal. Thanks,
user1205
02-15 06:31 PM
probably true but because most of them are on H4 which means someone else in their family is H1.
I think it was reported that students from India is the largest % of students in US universities.
I think it was reported that students from India is the largest % of students in US universities.
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