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h1techSlave
04-04 10:41 AM
I agree with the suggestion. As Murthy has written, the maximum effect is when individuals directly contact the senators and explain to them about the hard comings that we face. We could write to individual senators (e-mail would suffice) explaining about our predicament and the benefit to the American economy and people, if EB numbers are increased.
H1techSlave
H1techSlave
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aries22
07-05 10:26 AM
Core is putting their time and mmoney and doing this all for everybody
Pray please tell me what the core did for people stuck in BEC's.
Even these people contributed and once the dates were made current everybody and I'm sorry to say including the core forgot about them.
I know I'll be bashed for wrting this and pls dont get offended but I just had to ask.
Pray please tell me what the core did for people stuck in BEC's.
Even these people contributed and once the dates were made current everybody and I'm sorry to say including the core forgot about them.
I know I'll be bashed for wrting this and pls dont get offended but I just had to ask.
eb3_nepa
02-14 12:50 PM
Retrohatao,
The point we are trying to make is, that we want to make the GC process ENTIRELY simple. There are various stages at which the applications are getting stuck right now. Labour, 485, Name check etc.
Just to confirm, i am not comparing anything to anything. Even the plight of the spouses not being able to work and kids aging out is equally distressing to the person on whom it has befallen upon. Just like you feel despair with the Name check we all feel an equal amount if not more despair at our various issues. When i said "sub issue" i mean it is ONE of the many issues that is obstructing the path to the Green card.
We appreciate that you brought the name check clearance to our notice as some of us were not aware that it was a problem. But please, for everyone's sake, do not compare 2 situations. We are all in this mess together and together we shall rise from it. For that we need to be united. :)
The point we are trying to make is, that we want to make the GC process ENTIRELY simple. There are various stages at which the applications are getting stuck right now. Labour, 485, Name check etc.
Just to confirm, i am not comparing anything to anything. Even the plight of the spouses not being able to work and kids aging out is equally distressing to the person on whom it has befallen upon. Just like you feel despair with the Name check we all feel an equal amount if not more despair at our various issues. When i said "sub issue" i mean it is ONE of the many issues that is obstructing the path to the Green card.
We appreciate that you brought the name check clearance to our notice as some of us were not aware that it was a problem. But please, for everyone's sake, do not compare 2 situations. We are all in this mess together and together we shall rise from it. For that we need to be united. :)
2011 In the article, Lauren states
piyu7444
01-30 09:24 PM
Before I answer your questions, I have couple of them -
Will she get paid starting Feb 1st? If no, why not. Please explain.
Will she on unpaid leave?
Will she still be Full Time Employee?
Will she get paid starting Feb 1st? If no, why not. Please explain.
She wont get paid starting Feb 1 but there is an option to get paid from Feb 1 - April 20 as she accumulated some $ when she was working and after April 20 she will be on maternity leave which will be unpaid.
To answer why she will not get paid - she does not have a project right now and dont even plan to find one....(bad economy and no one will be willing to employ a preg. female who will need 6-8 week vacation after 2 month of hire)
Will she on unpaid leave? Yes.
Will she still be Full Time Employee? For the employer C which is a desi consulting firm she is a FTE but you know how the consulting business works........as long as you are on project you get your salary and the day you are not on the project you dont get a dime.
Will she get paid starting Feb 1st? If no, why not. Please explain.
Will she on unpaid leave?
Will she still be Full Time Employee?
Will she get paid starting Feb 1st? If no, why not. Please explain.
She wont get paid starting Feb 1 but there is an option to get paid from Feb 1 - April 20 as she accumulated some $ when she was working and after April 20 she will be on maternity leave which will be unpaid.
To answer why she will not get paid - she does not have a project right now and dont even plan to find one....(bad economy and no one will be willing to employ a preg. female who will need 6-8 week vacation after 2 month of hire)
Will she on unpaid leave? Yes.
Will she still be Full Time Employee? For the employer C which is a desi consulting firm she is a FTE but you know how the consulting business works........as long as you are on project you get your salary and the day you are not on the project you dont get a dime.
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h1b_forever
03-09 01:10 PM
I am getting Red for this. Great.
Some people seem to feel better by giving others red.
Some people seem to feel better by giving others red.
gc_chahiye
12-21 01:04 AM
Correct me if I am wrong, but you've had unexpired H1B while you were out of work. This is not considered unlawful presence. On top of that, violation of status determination can be done only by the USCIS (IO). If they did not inform you that you violated status, you are good to go.
correct. out of status != unlawful presence.
So being out of status for >180 days does not trigger the 3 year ban. Either USCIS must make the determination that you are out of status, or your original period of authorized stay (I-94 date) must expire.
however being out of status >180 days since your last entry into the US is problematic for your adjustment of status.
correct. out of status != unlawful presence.
So being out of status for >180 days does not trigger the 3 year ban. Either USCIS must make the determination that you are out of status, or your original period of authorized stay (I-94 date) must expire.
however being out of status >180 days since your last entry into the US is problematic for your adjustment of status.
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swo
08-15 08:14 PM
It's very easy to forget that PDs can swing by YEARS at a time. (4 years in the case of the July Bulletin!) Things could easily swing back a year or two in only a month or two.
You can predict to your hearts content but I wouldn't get too hinged on those predictions.
Fact is that we were expecting Us and many were NOT Us. Similarly, PDs in October could be brought forward if there are insuffient applications ready for visas in some categories (ie ROW) in October.
Also remember that the number of newly filed EB applicaitons will be far, FAR less in coming months. Only PERM labors are done now and those will all have late PDs that will be ineligible for a long time. As a result, I think bulletins will start to become more consistent as the predictions of become more reliable after a couple of months of volatility in October.
The only real unknown after getting all the 485 data entry done is going to be the FBI namecheck factor.
You can predict to your hearts content but I wouldn't get too hinged on those predictions.
Fact is that we were expecting Us and many were NOT Us. Similarly, PDs in October could be brought forward if there are insuffient applications ready for visas in some categories (ie ROW) in October.
Also remember that the number of newly filed EB applicaitons will be far, FAR less in coming months. Only PERM labors are done now and those will all have late PDs that will be ineligible for a long time. As a result, I think bulletins will start to become more consistent as the predictions of become more reliable after a couple of months of volatility in October.
The only real unknown after getting all the 485 data entry done is going to be the FBI namecheck factor.
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msgrewal81
02-19 12:20 PM
well said Jaime...We should support this bill..
Read this carefully before you comment here:
"fingerprints for information relating to criminal, national security, or other law enforcement actions that would render the alien ineligible for adjustment of status under this section".
This is just to verify if the guys is in database for any criminal activity. ofcourse they will not give an illegal guy a GC if they have his record in database for criminal activity in US. This is just a formal requirement to keep illegal law brokers out because there are thousands illegals who came here from southern border and have committed crimes. There are some even in the America's Top 10 Wanted list. My uncles(came illegally here) went through all criminal checks by FBI for breaking any law,when Reagan gave amnesty for >5 years. Same criminal checks were done on illegals when Clinton helped legalalization of illegals. Fingerprints, etc are just for other criminal history check not to check if the person crossed the border illegally, ofcouse he did and broke the law: that's the whole point for him being illegal.
In fact >5year rule has been a standard to give immigration to illegals as is clear by Reagan amnesty. If 5 year rule is not for illegals, then what do you think is there in this bill for 11 million illegals. Itn't that logical. Infact main purpose of this bill is to fix illegal immigrants not legals. If you think >5 years rule is just for legals, you need to read history books, read text carefully and be more logical: not blinded by desire to get your own GC if you are here >5years.
Either way: I never said we should oppose the 5 year requirement. I just said that rules for "Legal <5 years" should be easier than rules for "illegal>5" years and please don't propagate false rumors here that this bill is just for legals in a blind desire for your own GC.
Read this carefully before you comment here:
"fingerprints for information relating to criminal, national security, or other law enforcement actions that would render the alien ineligible for adjustment of status under this section".
This is just to verify if the guys is in database for any criminal activity. ofcourse they will not give an illegal guy a GC if they have his record in database for criminal activity in US. This is just a formal requirement to keep illegal law brokers out because there are thousands illegals who came here from southern border and have committed crimes. There are some even in the America's Top 10 Wanted list. My uncles(came illegally here) went through all criminal checks by FBI for breaking any law,when Reagan gave amnesty for >5 years. Same criminal checks were done on illegals when Clinton helped legalalization of illegals. Fingerprints, etc are just for other criminal history check not to check if the person crossed the border illegally, ofcouse he did and broke the law: that's the whole point for him being illegal.
In fact >5year rule has been a standard to give immigration to illegals as is clear by Reagan amnesty. If 5 year rule is not for illegals, then what do you think is there in this bill for 11 million illegals. Itn't that logical. Infact main purpose of this bill is to fix illegal immigrants not legals. If you think >5 years rule is just for legals, you need to read history books, read text carefully and be more logical: not blinded by desire to get your own GC if you are here >5years.
Either way: I never said we should oppose the 5 year requirement. I just said that rules for "Legal <5 years" should be easier than rules for "illegal>5" years and please don't propagate false rumors here that this bill is just for legals in a blind desire for your own GC.
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trueguy
08-27 01:32 PM
Did anybody notice that FB I-485 processed numbers are same for every month. How USCIS can allocate same numbers to FB every month and not to EB. Wouldn't it be easy if they allocate annual quota of EB visas per month and any leftover from every month can be allocated to retrogressed countries in the same month.
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alterego
09-20 07:55 PM
In addition to family based immigration, legal immigration includes asylum, refugees (with a special category for Iraqi refugees) and may be more!
You forgot the weirdest one..................the diversity green card!:)
You forgot the weirdest one..................the diversity green card!:)
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delhirocks
07-04 11:41 PM
Everyone blaming CIS/DOS needs to understand some basics behind this mess. Before going to conclude anything, first, one should read all the ombudsman reports for last 3 or 4 years. .
Good post Ramba
Good post Ramba
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yabadaba
08-21 02:32 PM
luvschocolates: not sure what you are looking for from an employment based immigration site?
You have broken the law and you are illegally here. End of story. Even if there is no one here that will do the job that you do, there has to be documentation that proves that. Immigration law is one of the most complicated laws out there and other than a few categories like family based immigration or diversity lottery based immigration, most forms are extremely complex and reguire legal guidance to do so.
Yours is an open and shut case, no lawyer worth his salt will take you case up for free. Like a poster said earlier, ignorance of the law does not allow you to break it.
By your analogy, if I come from a country where there are no seat belt laws and using my international driver's permit I drive a car without weaing a seatbelt, does not make it ok. When caught, I will be arrested and fined.
In your case it would be easier for you to leave by yourself, rather than risk being deported and getting a 10 year entry ban.
You have broken the law and you are illegally here. End of story. Even if there is no one here that will do the job that you do, there has to be documentation that proves that. Immigration law is one of the most complicated laws out there and other than a few categories like family based immigration or diversity lottery based immigration, most forms are extremely complex and reguire legal guidance to do so.
Yours is an open and shut case, no lawyer worth his salt will take you case up for free. Like a poster said earlier, ignorance of the law does not allow you to break it.
By your analogy, if I come from a country where there are no seat belt laws and using my international driver's permit I drive a car without weaing a seatbelt, does not make it ok. When caught, I will be arrested and fined.
In your case it would be easier for you to leave by yourself, rather than risk being deported and getting a 10 year entry ban.
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eb3_2004
06-23 08:28 AM
I am filling I485 for my spouse..In part 2 of the application which option should i choose for spouse( a and b sound logical for spouse). please tell me which one to fill
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desi3933
03-17 07:21 AM
Did you just say "Just because people are not getting green cards does not mean wastage":D
That is exactly why we need to understand the process.
Have a look at visa numbers issued to EB category for the last 5 years and decide for yourself if visa numbers were wasted. I hope this helps with your "anxiety".
Year 2005 2006 2007 2008 2009
EB-All 246,877 159,081 162,176 166,511 141,020
EB1 64,731 36,960 26,697 36,678 40,978
EB2 42,597 21,911 44,162 70,046 46,034
EB3 129,070 89,922 85,030 48,903 39,791
EB4 10,133 9,539 5,481 9,524 9,999
EB5 346 749 806 1,360 4,218
_________________
Not a legal advice.
That is exactly why we need to understand the process.
Have a look at visa numbers issued to EB category for the last 5 years and decide for yourself if visa numbers were wasted. I hope this helps with your "anxiety".
Year 2005 2006 2007 2008 2009
EB-All 246,877 159,081 162,176 166,511 141,020
EB1 64,731 36,960 26,697 36,678 40,978
EB2 42,597 21,911 44,162 70,046 46,034
EB3 129,070 89,922 85,030 48,903 39,791
EB4 10,133 9,539 5,481 9,524 9,999
EB5 346 749 806 1,360 4,218
_________________
Not a legal advice.
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willigetgc?
08-10 10:30 PM
i feel frustrated at some peoples' unwillingness to admit that eb3 needs iv's help now more than ever. They are saying that nothing much can be done for eb3, as ins merely corrected its wrong interpretation in visa allocation
I went to the advocacy days in DC this June, and the biggest push IV was/is making - country cap elimination. The biggest benefactor of this change is EB3 (eb2 will be helped too, but that is how INS preference system works) - again, the biggest benefactor of this legislative change is eb3. IV has been pushing this issue over and over - try reaching out about town hall meetings or any such meetings with lawmakers - and you will figure out how much iv is working on behalf of eb3. Unfortunately, not many eb3 were active until the last 2 vbs. So, please do not say, "nothing much can be done for eb3" or "IV is not working for EB3". Its just that you may not see value in the route that IV is pursuing. It is eb3 members' unwillingness to admit that IV needs grass root help more than ever now.
but, if we are all willing to put our hearts and minds to it we can surely come up with new ideas that will help our cause. Surely, laws are written so that justice can happen. So if justice is not happening, the law would have some answer, somewhere.
Let me put forward my idea.
The ina language says that until eb2 is not current, there will be no spillover to eb3. Agreed. but i would contend that this statement is on a year to year basis. that is, if in the year 2002 (for example) all eb2 has been satisfied, then the spillovers should go to year 2002 eb3.
i am sorry to point this out, but you are looking at this from only your angle. Don't get me wrong, i would probably do the same. Having said that, logically this change will not fly with the uscis - 2 reasons - 1. Your contention that this rule is year to year - flawed contention 2. What does all eb2 satisfied mean? - these arguments will not work. I am not pulling you or the idea down - but simply stating my point of view based on what I know of the law.
is this something iv can point out and fight for? Can eb3 members put their money and efforts in this direction? Let me know if this sounds worthwhile
now a days we are seeing more threads related to spill over allocation interpretation etc, but i have not seen any single post by iv core about this. I am from eb3 community and share the frustration among others.
i remember a time just a few months ago this year, eb2 were complaining about spillover not happening, and iv core disputed it, saying that spillover was happening.
i see a lot of people suggesting to port from eb3 to eb2, instead of wasting time on these discussions. Well, porting is not an option for most of us. It is either because we are working for big companies (who do not want to extra burden) or not able to find a small company which can help us.
just like you are seeing the ground realities of porting from eb3 to eb2, i believe that iv knows the ground reality of proposing new interpretations to the law. I would go a little further in saying that the proposals considered here are changes in the law than changes in the interpretation of the law.
I may be wrong on my thinking, but I do hope you take a suggestion - when reading the INS law, understand it independently first. Then go back to see, if it can be applied on your interpretation. Do not start out with it, everything looks red when wearing red tinted glasses.......
After the advocacy days in DC, I am sold on what IV is offering and its commitment to the EB community. I am EB3 too and I am pretty much in the same boat as many of you here.
I went to the advocacy days in DC this June, and the biggest push IV was/is making - country cap elimination. The biggest benefactor of this change is EB3 (eb2 will be helped too, but that is how INS preference system works) - again, the biggest benefactor of this legislative change is eb3. IV has been pushing this issue over and over - try reaching out about town hall meetings or any such meetings with lawmakers - and you will figure out how much iv is working on behalf of eb3. Unfortunately, not many eb3 were active until the last 2 vbs. So, please do not say, "nothing much can be done for eb3" or "IV is not working for EB3". Its just that you may not see value in the route that IV is pursuing. It is eb3 members' unwillingness to admit that IV needs grass root help more than ever now.
but, if we are all willing to put our hearts and minds to it we can surely come up with new ideas that will help our cause. Surely, laws are written so that justice can happen. So if justice is not happening, the law would have some answer, somewhere.
Let me put forward my idea.
The ina language says that until eb2 is not current, there will be no spillover to eb3. Agreed. but i would contend that this statement is on a year to year basis. that is, if in the year 2002 (for example) all eb2 has been satisfied, then the spillovers should go to year 2002 eb3.
i am sorry to point this out, but you are looking at this from only your angle. Don't get me wrong, i would probably do the same. Having said that, logically this change will not fly with the uscis - 2 reasons - 1. Your contention that this rule is year to year - flawed contention 2. What does all eb2 satisfied mean? - these arguments will not work. I am not pulling you or the idea down - but simply stating my point of view based on what I know of the law.
is this something iv can point out and fight for? Can eb3 members put their money and efforts in this direction? Let me know if this sounds worthwhile
now a days we are seeing more threads related to spill over allocation interpretation etc, but i have not seen any single post by iv core about this. I am from eb3 community and share the frustration among others.
i remember a time just a few months ago this year, eb2 were complaining about spillover not happening, and iv core disputed it, saying that spillover was happening.
i see a lot of people suggesting to port from eb3 to eb2, instead of wasting time on these discussions. Well, porting is not an option for most of us. It is either because we are working for big companies (who do not want to extra burden) or not able to find a small company which can help us.
just like you are seeing the ground realities of porting from eb3 to eb2, i believe that iv knows the ground reality of proposing new interpretations to the law. I would go a little further in saying that the proposals considered here are changes in the law than changes in the interpretation of the law.
I may be wrong on my thinking, but I do hope you take a suggestion - when reading the INS law, understand it independently first. Then go back to see, if it can be applied on your interpretation. Do not start out with it, everything looks red when wearing red tinted glasses.......
After the advocacy days in DC, I am sold on what IV is offering and its commitment to the EB community. I am EB3 too and I am pretty much in the same boat as many of you here.
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gimme_GC2006
07-15 11:12 AM
Is your case still @ Local Office
I think so..atleast there were no LUDs
Thats actually a good question..now I am thinking :confused:
I think so..atleast there were no LUDs
Thats actually a good question..now I am thinking :confused:
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mundada
09-28 02:59 PM
Jaime - you nailed it. People must concentrate on what they have to do. I started this thread for gettting a general perspective, because I seen articles about Blue Card and my dad also told me to look into it.
This thread has been very informative. Let folks keep blogging their prespectives
Good point Jaime... currency strengthening has nothing to do with general career opportunities in that particular country. In short term it is because of interest rate differentials and in long run it is because of multiple factors primarily being inflation and trade balance. Therefore moving to Europe or India (best performing Asian currency this year) because of appreciating local currency does not mean anything as far as your career opportunities are concerned.
By the time you are settled in Europe (5-10 years), the currency rates may reverse because US would have started exporting more goods to Europe as US goods would be getting cheaper. Euro and dollar zones are mature market based currencies so we can say something about them.
However, same is not true for India largely because of intervention of RBI. However, look at Japanese currency, over 3 decades it has risen from 600 yen to 115 yen even after intervention of Japanese central bank. This is because of strength of exports from Japan. So it is possible that INR may end up somewhere near Rs. 8-15 if we go by PPP or somewhere in between depending upon trade balance and inflation. However recent reports suggest that Rs. 32-35 is breaking point and Indian software exports will become costlier than simply offshoring to Arkansas or Illinois. Therefore, most likely Indian govt. will step in and avoid dollar free fall against rupee.
This thread has been very informative. Let folks keep blogging their prespectives
Good point Jaime... currency strengthening has nothing to do with general career opportunities in that particular country. In short term it is because of interest rate differentials and in long run it is because of multiple factors primarily being inflation and trade balance. Therefore moving to Europe or India (best performing Asian currency this year) because of appreciating local currency does not mean anything as far as your career opportunities are concerned.
By the time you are settled in Europe (5-10 years), the currency rates may reverse because US would have started exporting more goods to Europe as US goods would be getting cheaper. Euro and dollar zones are mature market based currencies so we can say something about them.
However, same is not true for India largely because of intervention of RBI. However, look at Japanese currency, over 3 decades it has risen from 600 yen to 115 yen even after intervention of Japanese central bank. This is because of strength of exports from Japan. So it is possible that INR may end up somewhere near Rs. 8-15 if we go by PPP or somewhere in between depending upon trade balance and inflation. However recent reports suggest that Rs. 32-35 is breaking point and Indian software exports will become costlier than simply offshoring to Arkansas or Illinois. Therefore, most likely Indian govt. will step in and avoid dollar free fall against rupee.
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somegchuh
03-15 08:51 PM
I have been waiting for my GC on purpose. I really wanted it to take 6 years.
I really wanted to get my Labor to rot in PBEC and then I intentionally wanted to get stuck in Namecheck.
On a serious note, do you have any idea about how this systems works? Do you have any idea what BEC's were or what namecheck is.
We will talk about "what the hell have you have been doing for so long" in 4 years when you are moaning about how retrogression has affected you for the last 5 years.
C'mon guys, what the hell have you been doing for so long?
I mean look at the archived Visa Bulletins, you observe the following:
1. EB2 was current for India ALL THROUGH 2003
2. EB2 was current for India ALL THROUGH 2004
3. EB2 was current for India till August 2005
4. After the retrogression in 2005, EB2 India moved up quickly through 2003-2004 to April 2004 by the beginning of 2007
5. Even after the summer 2007 fiasco (EB2 Current fro July, August 2007), the priority date for EB2 India moved to April 2004 and stayed there for 3 months
What more do you wish for?
I don't understand how there any can be anyone from 2004-2005 India still left in the EB2 category.
This is pathetic. What the hell have you been waiting for?
I really wanted to get my Labor to rot in PBEC and then I intentionally wanted to get stuck in Namecheck.
On a serious note, do you have any idea about how this systems works? Do you have any idea what BEC's were or what namecheck is.
We will talk about "what the hell have you have been doing for so long" in 4 years when you are moaning about how retrogression has affected you for the last 5 years.
C'mon guys, what the hell have you been doing for so long?
I mean look at the archived Visa Bulletins, you observe the following:
1. EB2 was current for India ALL THROUGH 2003
2. EB2 was current for India ALL THROUGH 2004
3. EB2 was current for India till August 2005
4. After the retrogression in 2005, EB2 India moved up quickly through 2003-2004 to April 2004 by the beginning of 2007
5. Even after the summer 2007 fiasco (EB2 Current fro July, August 2007), the priority date for EB2 India moved to April 2004 and stayed there for 3 months
What more do you wish for?
I don't understand how there any can be anyone from 2004-2005 India still left in the EB2 category.
This is pathetic. What the hell have you been waiting for?
vandanaverdia
09-10 03:34 PM
You have the fear of rejection EVERY TIME when you go for visa stamping, even though you have been doing so for the past so many year!!!
amitjoey
07-05 01:44 PM
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