dontcareanymore
07-28 12:48 AM
1) First of all this is not the response to just the quoted post, but many on the same lines, especially from delax and others.
2)I believe that that whole process is so screwed up that it is never fair and never will be. Irrespective of what Eb3s hope for and try , Eb2 folks are going to get their GCs and Eb3s will have to wait until stars align for them.
3) I don't really care one way or other , because what you wish,hope or try to do will have no bearing on the outcome.
<Those who think 2 year EADs are because of your letters , stay in the dreamland - ignorance is bliss >
4) I am really happy for Eb2 folks (No way jealous) , just pissed by some attitude here.
Now that I have the disclaimers out of the way, Here is what I have to say:
Why the heck you never made the argument that "law is law" and "There is no compassion" before law crap when you were retrogressed ?
What happened to what law says , when attempts were made to grab visas from ROW with the same "It is not fair" argument ?
What is the yardstick for EB2 ? It is just what your employer says it is. I know so many in body shops with Eb2 apps while others languish in Eb3 queue.
You can't extend the logic to all EB1 categories. At least in some of the EB categories one has to have published research work in peer reviewed journals.
Will give you an example :
Know some one who came here as postdoc with PHD in life sciences (zoology) and self filed for GC EB1and now runs an Indian grocery just after being in job for less than a year. How do you justify that GC is in the interest of US than a person who is working in a company for 10 years ?
It is true that the original number is broken up equally among all categories but the INA clearly states that if the demand within a category is not sufficient to use up all the visas in that category then the excess should be made available without any regard to country limit in that category. Here's a fact from the July bulletin - not an opinion:
There have been questions raised regarding the way numbers have been provided to the China and India in the Employment Second preference categories beginning in April. Section 202(a)(5) of the Immigration and Nationality Act states that if total demand for visas in an Employment preference category is insufficient to use all available visa numbers in that category in a calendar quarter, then the unused numbers may be made available without regard to the annual per-country limit. (For example: If the second preference annual limit were 40,000, number use by “All Other Countries” were estimated to be only 25,000, and the China/India combined number use based on their per-country limits were 6,000, then there would be 9,000 numbers unused. Those 9,000 numbers could then be made available to China and India applicants without regard to their per-country limits.)
I dont buy the argument that length of wait (as implied in the letter) should determine eligibility for approval disregarding the clear categorization established by law AFTER the initial handout is made on an equal basis. I have always maintained that any logic used to justify shifting visas between EB2 and EB3 purely based on the length of wait can also easily be used between EB2 and EB1. The fact that EB1 has never retrogressed does not matter. Unfortunately LAW is an absolute entity - there is no compassionate interpretation in civil and common law.
If a EB3-2002 is approved before EB2-2004 purely based on length of wait and ignoring the categorization after the initial handout then the same logic or rationale can be used to approve EB2-2004 before EB1-2007 by 'holding back' the visa from the EB1 candidate and giving it to EB2.
I dont think either of us is interested in going down the path of EB2 versus EB3 but to the extent this letter implies/attempts to do that, it is detrimental to the functioning of this group. Cheers
2)I believe that that whole process is so screwed up that it is never fair and never will be. Irrespective of what Eb3s hope for and try , Eb2 folks are going to get their GCs and Eb3s will have to wait until stars align for them.
3) I don't really care one way or other , because what you wish,hope or try to do will have no bearing on the outcome.
<Those who think 2 year EADs are because of your letters , stay in the dreamland - ignorance is bliss >
4) I am really happy for Eb2 folks (No way jealous) , just pissed by some attitude here.
Now that I have the disclaimers out of the way, Here is what I have to say:
Why the heck you never made the argument that "law is law" and "There is no compassion" before law crap when you were retrogressed ?
What happened to what law says , when attempts were made to grab visas from ROW with the same "It is not fair" argument ?
What is the yardstick for EB2 ? It is just what your employer says it is. I know so many in body shops with Eb2 apps while others languish in Eb3 queue.
You can't extend the logic to all EB1 categories. At least in some of the EB categories one has to have published research work in peer reviewed journals.
Will give you an example :
Know some one who came here as postdoc with PHD in life sciences (zoology) and self filed for GC EB1and now runs an Indian grocery just after being in job for less than a year. How do you justify that GC is in the interest of US than a person who is working in a company for 10 years ?
It is true that the original number is broken up equally among all categories but the INA clearly states that if the demand within a category is not sufficient to use up all the visas in that category then the excess should be made available without any regard to country limit in that category. Here's a fact from the July bulletin - not an opinion:
There have been questions raised regarding the way numbers have been provided to the China and India in the Employment Second preference categories beginning in April. Section 202(a)(5) of the Immigration and Nationality Act states that if total demand for visas in an Employment preference category is insufficient to use all available visa numbers in that category in a calendar quarter, then the unused numbers may be made available without regard to the annual per-country limit. (For example: If the second preference annual limit were 40,000, number use by “All Other Countries” were estimated to be only 25,000, and the China/India combined number use based on their per-country limits were 6,000, then there would be 9,000 numbers unused. Those 9,000 numbers could then be made available to China and India applicants without regard to their per-country limits.)
I dont buy the argument that length of wait (as implied in the letter) should determine eligibility for approval disregarding the clear categorization established by law AFTER the initial handout is made on an equal basis. I have always maintained that any logic used to justify shifting visas between EB2 and EB3 purely based on the length of wait can also easily be used between EB2 and EB1. The fact that EB1 has never retrogressed does not matter. Unfortunately LAW is an absolute entity - there is no compassionate interpretation in civil and common law.
If a EB3-2002 is approved before EB2-2004 purely based on length of wait and ignoring the categorization after the initial handout then the same logic or rationale can be used to approve EB2-2004 before EB1-2007 by 'holding back' the visa from the EB1 candidate and giving it to EB2.
I dont think either of us is interested in going down the path of EB2 versus EB3 but to the extent this letter implies/attempts to do that, it is detrimental to the functioning of this group. Cheers
wallpaper found eheaded bodies on
chapper
08-13 05:20 PM
Congrats! Can you please tell us where your I140 was approved from. Are the checks cashed?
I got my I485 receipt notice today. Our applications are delivered on July 2nd.
Receipt Date: 07/02/07
Notice Date: 08/06/07
I got my I485 receipt notice today. Our applications are delivered on July 2nd.
Receipt Date: 07/02/07
Notice Date: 08/06/07
chanduv23
07-09 03:34 PM
Two things
1. Consultant can be part of job title and/or duties. Key thing is that job must be permanent and full-time.
2. PERM can only be filed for job that are permanent and full time.
.
I have talked to few people who do self employment. This is what they have to say.
"As long as the job duties are same or similar, it is fine",
"You must be a W2 employee of your firm"
"The key is constant business and income - which can be proved via paystubs and/or contracts - in case it is requested for"
I am also trying to do some research on this.
A lot of people do go for self employment so no need to be scared as long as the employment is legitimate.
1. Consultant can be part of job title and/or duties. Key thing is that job must be permanent and full-time.
2. PERM can only be filed for job that are permanent and full time.
.
I have talked to few people who do self employment. This is what they have to say.
"As long as the job duties are same or similar, it is fine",
"You must be a W2 employee of your firm"
"The key is constant business and income - which can be proved via paystubs and/or contracts - in case it is requested for"
I am also trying to do some research on this.
A lot of people do go for self employment so no need to be scared as long as the employment is legitimate.
2011 e heading toward Mexico,
SunnySurya
08-18 02:02 PM
Is there anyone who is with me, anyone at all? I need around 15 people to kick this off...
I am just looking for three things
a) A letter that we will jointly send to few people. Urging them to follow a fair system.
b) Talk to your lawyer to discss with AILA
c) Talk to you chapter leader.
I am just looking for three things
a) A letter that we will jointly send to few people. Urging them to follow a fair system.
b) Talk to your lawyer to discss with AILA
c) Talk to you chapter leader.
more...
akhilmahajan
02-09 11:40 AM
Thanks a lot.
Can you please help in keeping this thread on the top?
Akhil,
I will mail $21.00 Cheque today itself.
As soon as 5K has been collected, I will contribute another $50.00
GCCovet.
Can you please help in keeping this thread on the top?
Akhil,
I will mail $21.00 Cheque today itself.
As soon as 5K has been collected, I will contribute another $50.00
GCCovet.
rpulipati
10-08 01:01 PM
PD should be established on the first labor application.
I feel this is more practical than number of years in US.
I feel this is more practical than number of years in US.
more...
manishs7
09-24 04:54 PM
Consider the scenario:
Two guys (A and B) come to US in 2005, both do not have MS and experience less than 5 years. Therefore both not elligible for EB2 on 2005. They are from a retrogressed country.
A does MS and joins job in 2007, becomes eligible for EB2 and files GC on 2007.
B joins a job on 2005 that do not need MS and experience and files for EB3.
Till 2010 both of them did not get GC. But B crossed 5 years of experience and from EB3 to EB2. Now B's priority date is 2005, although he was not elligible for EB2 at that time.
Although A was elligible for EB2 in 2007 earlier than B (2010), A is pushed behind B.
SHould it be acceptable to people like A? And there is not one or two pleale like B, thousands arer doing that?
If you see my priority date you will understand I am not saying this for myself. I have a bro and friends who are facing this isssue.
Therefore EB2s who are from mid 2006 onwards will really get pushed back..
I see this porting simillar to the labor substitition.. Till it was in place it was legal although thousands bought labors and that is one main reason EB2 had retrogressed back to 2000. I predict simillar thing is happending again, people are paying money to the desi employers to file perm in EB2 again pretty soon same tertrogression will happen to EB2 I if any urgent action is not taken.
I hace passed this stage.. now its for you all to decide..
Mr RSharama, it's 'A's ignorance of the process. He should be aware at the time of starting the Masters that GC is based on the position in the queue ( no body's gives a rat's if the person in front of you is a retard). Porting was legal in 2005 and it is now. there is no change in Law.
You can't compare porting with labor substitution. For porting, you have to go through the complete process and not just throw some dollars.
Same logic applies to people who say "I was eligible to file for EB2, but my employer/lawyer forced me to file on EB3".
It's the ignorance of process, if you are eligible for EB2 .. go join any other company.. it's America .. for God's sake..
If it doesn't suit me it's injustice.
Two guys (A and B) come to US in 2005, both do not have MS and experience less than 5 years. Therefore both not elligible for EB2 on 2005. They are from a retrogressed country.
A does MS and joins job in 2007, becomes eligible for EB2 and files GC on 2007.
B joins a job on 2005 that do not need MS and experience and files for EB3.
Till 2010 both of them did not get GC. But B crossed 5 years of experience and from EB3 to EB2. Now B's priority date is 2005, although he was not elligible for EB2 at that time.
Although A was elligible for EB2 in 2007 earlier than B (2010), A is pushed behind B.
SHould it be acceptable to people like A? And there is not one or two pleale like B, thousands arer doing that?
If you see my priority date you will understand I am not saying this for myself. I have a bro and friends who are facing this isssue.
Therefore EB2s who are from mid 2006 onwards will really get pushed back..
I see this porting simillar to the labor substitition.. Till it was in place it was legal although thousands bought labors and that is one main reason EB2 had retrogressed back to 2000. I predict simillar thing is happending again, people are paying money to the desi employers to file perm in EB2 again pretty soon same tertrogression will happen to EB2 I if any urgent action is not taken.
I hace passed this stage.. now its for you all to decide..
Mr RSharama, it's 'A's ignorance of the process. He should be aware at the time of starting the Masters that GC is based on the position in the queue ( no body's gives a rat's if the person in front of you is a retard). Porting was legal in 2005 and it is now. there is no change in Law.
You can't compare porting with labor substitution. For porting, you have to go through the complete process and not just throw some dollars.
Same logic applies to people who say "I was eligible to file for EB2, but my employer/lawyer forced me to file on EB3".
It's the ignorance of process, if you are eligible for EB2 .. go join any other company.. it's America .. for God's sake..
If it doesn't suit me it's injustice.
2010 The eheadings of twelve
justAnotherFile
07-02 08:59 AM
On AILA site...
"Just Posted -
Follow-up to Update on July Visa Availability"
Does anyone have quick access through their attorney to check what it says?
"Just Posted -
Follow-up to Update on July Visa Availability"
Does anyone have quick access through their attorney to check what it says?
more...
nitlsu
10-25 12:34 AM
I am sure that IV has a game plan (and I sincerely hope I am not wrong here). As a matter of interest I have been regularly monitoring NumbersUSA and FAIR websites and they have already set out an agenda with a list of action items for their members. This includes passage in the Senate of restrictionist bills like H.R. 6061, H.R. 6094, H.R. 6095 etc. In fact they have notified their constituents that Congress will be holding a lame duck session beginning November 13th and that they should keep up the pressure on their legislators.
We need something similar to this - Do all the IV constituents even know that there's a lame duck session coming up? - Probably not. The core team needs to do a better job in communicating time lines and action items for IV members to act upon. We are ready to jump into the fray again however as IV's mission statement rightly says - we need our efforts to be organized and directed for maximum impact. Even if we are out-numbered 400-1 (or whatever that number is) by the restrictionists - we need to make the politicians aware that our voice needs to be heard too.
For starters - we could at least have a webfax similar to the AILA one urging immigration reform during the lame duck session (or have that AILA link displayed more prominently on the IV site as an action item)
#
We need something similar to this - Do all the IV constituents even know that there's a lame duck session coming up? - Probably not. The core team needs to do a better job in communicating time lines and action items for IV members to act upon. We are ready to jump into the fray again however as IV's mission statement rightly says - we need our efforts to be organized and directed for maximum impact. Even if we are out-numbered 400-1 (or whatever that number is) by the restrictionists - we need to make the politicians aware that our voice needs to be heard too.
For starters - we could at least have a webfax similar to the AILA one urging immigration reform during the lame duck session (or have that AILA link displayed more prominently on the IV site as an action item)
#
hair three eheaded Indonesian
senthil
06-15 01:01 PM
as july VB states all EB categories for india is current, is there a chance ( or even worst case scenario ) where the dates can retrogess in the middle of month anytime ?
in other words can we take it for granted that the dates will NOT move back till the last working day of july 07
any ideas / inputs ?
in other words can we take it for granted that the dates will NOT move back till the last working day of july 07
any ideas / inputs ?
more...
calboy78
08-23 12:12 AM
Just throwing ideas (may or may not work..need to brainstorm):
Write letters to Ombudsman, USCIS, DHS, Senators. Keep writing until they listen
Somebody gave a red at "05:13 AM" with comments: "letters..stupid idea?" - I am not here to become famous and become IV-CEO or something :-) so red does not matter. This is height of someone's frustration though ...instead of coming up with some idea - just criticize other's ideas..and that too at 5AM in the morning (or around that time in different timezone)..you must be a manager dude :D
Write letters to Ombudsman, USCIS, DHS, Senators. Keep writing until they listen
Somebody gave a red at "05:13 AM" with comments: "letters..stupid idea?" - I am not here to become famous and become IV-CEO or something :-) so red does not matter. This is height of someone's frustration though ...instead of coming up with some idea - just criticize other's ideas..and that too at 5AM in the morning (or around that time in different timezone)..you must be a manager dude :D
hot personnel from Mexico#39;s
GC08
09-12 07:13 PM
Isn't that they have completed input and receipt issuance for cases received by certain date (late Aug.?) according to their update? How come so many July filers still have not received receipts? Weird!
more...
house Alessandra will e heading to
ramus
05-29 08:46 PM
Great going... Thank you so much...
In the past week I compleleted the following:
1) Contrubuted to IV again
2) Emailed 10 senators
3) Also emailed two Senators from my state
4) Emailed 30+ reporters of national news channels
5) Emailed all local Chicago newspapers
6) Emailed press release to 20+ Indian newspaper operating in US to increase awareness
Will keep contributing....
In the past week I compleleted the following:
1) Contrubuted to IV again
2) Emailed 10 senators
3) Also emailed two Senators from my state
4) Emailed 30+ reporters of national news channels
5) Emailed all local Chicago newspapers
6) Emailed press release to 20+ Indian newspaper operating in US to increase awareness
Will keep contributing....
tattoo has become Mexico#39;s go-to
desi3933
07-10 09:15 AM
INA: ACT 245 - ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE
(a) The status of an alien who was inspected and admitted or paroled into the United States 1/ or the status of any other alien having an approved petition for classification as a VAWA self-petitioner 1aa/ may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if
(1) the alien makes an application for such adjustment,
(2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and
(3) an immigrant visa is immediately available to him at the time his application is filed.
[Emphasis added]
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=6778c6078a6f941bf84dd5cec7c73 772
___________________
Not a legal advice.
(a) The status of an alien who was inspected and admitted or paroled into the United States 1/ or the status of any other alien having an approved petition for classification as a VAWA self-petitioner 1aa/ may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if
(1) the alien makes an application for such adjustment,
(2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and
(3) an immigrant visa is immediately available to him at the time his application is filed.
[Emphasis added]
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=6778c6078a6f941bf84dd5cec7c73 772
___________________
Not a legal advice.
more...
pictures of eheadings in Mexico
sina
09-19 02:41 PM
Hi...
All mine and my spouse's applications were transfered to Vermont. my I-140 was approved from TSC. My checks were cashed on July17th and that is how I know that it is pending at VSC.
Yesterday I got an email that Card production ordered for EAD. All applications applied on July 6th. I am not sure on what basis they transfered. But it looks like Vermont has started approving the EAD cards. Hopefully, I will get it soon too in the mail.
I am wondering if anybody knows based on what indicators the cases are being transfered from one service center to another? My I485/765/131 went from Nebraska, to Texas, to Vermont (frustrating, since Vermont has the slowest processing times for I485). Any ideas?
All mine and my spouse's applications were transfered to Vermont. my I-140 was approved from TSC. My checks were cashed on July17th and that is how I know that it is pending at VSC.
Yesterday I got an email that Card production ordered for EAD. All applications applied on July 6th. I am not sure on what basis they transfered. But it looks like Vermont has started approving the EAD cards. Hopefully, I will get it soon too in the mail.
I am wondering if anybody knows based on what indicators the cases are being transfered from one service center to another? My I485/765/131 went from Nebraska, to Texas, to Vermont (frustrating, since Vermont has the slowest processing times for I485). Any ideas?
dresses will e heading to Mexico
paragpujara
01-06 07:43 PM
My infopass appointment was pretty quick. I guess it lasted for only 5 to 7 mins. I opened an SR in the month of September however I never received SR response letter from USCIS which they said they have sent me in the last week of October so I didn't have any SR letter to show him. I carried only receipts for 485,765 and 131 for myself and my wife. I asked IO that it's been more than 90 days since I received receipts for employment based 485 and haven't received FP yet. He asked me for Photo Id and receipts for myself and my wife. Then he asked whether I received work authorization (765) and travel document (131) or not. Then he entered our information (receipt no and confirmed my address as well as my attorney's address) and was searching something in his machine and said I will get my FP soon. I asked him is there any time line? He said within 3 weeks. That's it. He said they have received many applications in the month of July and Aug and that's why they are lagging. I guess this is it. I was out of USCIS office within 10 mins.
Parag,
COngrats!. Looks like yours is in TSC. Good to see someone from TSC getting it. It could very well have been a result of you taking the infopass appointment.
Could you tell us briefly what did you tell or ask IO during InfoPass appt. Did you also tell them that you had opened an SR and did you show them the SR response letter also.
Eager to hear a little detail about the conversation you had with IO during Infopass appointment.
Parag,
COngrats!. Looks like yours is in TSC. Good to see someone from TSC getting it. It could very well have been a result of you taking the infopass appointment.
Could you tell us briefly what did you tell or ask IO during InfoPass appt. Did you also tell them that you had opened an SR and did you show them the SR response letter also.
Eager to hear a little detail about the conversation you had with IO during Infopass appointment.
more...
makeup eheadings mostly.
Carlau
06-18 10:48 AM
Mailed to NSC on: 1st June
Mailed From State: VA
Received at NSC on: June 4th
140 approved from : NSC
Receipt Date : Still Waiting
Cheque Not cashed as yet
Priority Date Sept 2002
Sanjeev: How do you know it was received by NSC on June 4th,is there on line reference? did you get a letter of recepit? DId your lawyer call them or you just checked the courier company on line receipt?
Mailed From State: VA
Received at NSC on: June 4th
140 approved from : NSC
Receipt Date : Still Waiting
Cheque Not cashed as yet
Priority Date Sept 2002
Sanjeev: How do you know it was received by NSC on June 4th,is there on line reference? did you get a letter of recepit? DId your lawyer call them or you just checked the courier company on line receipt?
girlfriend e heading to Mexico
rtarar
07-20 06:20 AM
I pledge for $100.
Great going Aman and gang!!!!
Great going Aman and gang!!!!
hairstyles eheading in mexico.
simple1
05-01 04:42 PM
great, thanks to lost_in_migration for posting INA.
sorry snathan I should have posted it earlier myself. it will answer all your questions.
If you are USC and then you are talking abou the FB2. Not for the GC holder. So will have to wait for years.
sorry snathan I should have posted it earlier myself. it will answer all your questions.
If you are USC and then you are talking abou the FB2. Not for the GC holder. So will have to wait for years.
abq_gc
08-18 02:38 PM
hey NC14... why dont u come and fight for my GC then....... since ur not so worried abt yurs........ why are u even visiting these forums.. if ur not so concerned....
agreed... that we have to take up everyone's cause.. but well charity begins at home...
agreed... that we have to take up everyone's cause.. but well charity begins at home...
nk2006
02-11 11:39 AM
Sent the check for $25 to the address provided by Akhil in the first post.
Thanks for the effort.
Thanks for the effort.
No comments:
Post a Comment