Sachin_Stock
09-24 05:43 PM
Atleast we agree on one point that the law is absurd.
Nope. Vast majority including EB-2s do not disagree with porting, even though they might not be very vocal about it.
Nope. Vast majority including EB-2s do not disagree with porting, even though they might not be very vocal about it.
wallpaper Yoda accepts Ventress#39;
alterego
03-08 06:27 PM
Very well written. I can tell you through my observations of living in this society for 35 years:
1) People leaving because of long wait is a losing argument. Available information doesn't back it up. We have had severe retrogression since 2005 (h-1b quota cases have finished in matter of days)
2)USA is destination of choice. 9 million people file through greencard lottery for 50,000 slots and the main populated countries aren't even eligible to file (ie., India, China, Pakistan, Canada, etc.)
3) Call it what it is: Employment base immigration is least impacted. It is the only class of immigrants who are allowed to work/live in USA while they wait for greencard. Just about every other class has to wait outside until their number is called. This is number one impediment to EB grievances.
4) Stating that one is paying taxes, etc., is also losing argument. You are comparing yourself to the people who are here unlawful. Paying taxes isn't some virtue, it is the law.
5) Country quotas is fundamental to US Immigration. Getting rid of it for one class; ie employment base without looking at the whole thing is waste of time (ie., lottery, family base, etc.).
Now I don't want to get people upset but let's look at some things that have happened since 2005:
There was considerable debate on immigration.com of how the country quotas work and spillover of visas. Depending on how you read the law you would keep coming up with different conclusions. One way was to look at it as hard cap of 7% across all 140,000 visas that is 10,000 or so and it didn't matter about eb1,eb2, eb3. Any unused visas from ROW in EB1 would not go to india but rather flow down to eb2 row and then eb3 row. That s unused would go vertical instead of horizontal.
In uscis fiscal year 2004 eb3 went unavailable in summer of 2005. Statistics showed that India went well over their 7% limit.
In USCIS fiscal year 2005 we had severe retrogression for India. Visa bulletin states that spillover will be vertical instead of horizontal. Statistics showed that India only received 10,500 visas
Now, fiscal year 2006 . We have slow movement in visa dates; it appears that they are going vertical with spillover. However, in July 2007 they make it current for everyone and India goes over the 7% limit.
Fiscal year 2007 it appears from visa bulletin that they are going to go horizontal instead of vertical. No statistics yet of how much went to India.
Therefore; department of state has changed policy, interpretation without law change. Talk to many lawyers and they will tell you that spillover is supposed to happen vertical instead of horizontal. indian nationals have been benefitted greatly by department of state changing it on their whim. You don't see many people from ROW on these boards bellyaching about this; or contacting senators, or threatening lawsuits do you?
This is something to think about? As people keep highlighting this issue and if they continually point it out to lawmakers and someone from ROW gets the birght idea to challenge department of state then it will make it worse for India. I don't foresee any change whatsoever in country quota limits; mainly because it is fundamental to immigration and fundamental things don't change very easily.
In defense of the EB2I argument thought UN, I could argue that the Horizontal spillover was right all along and it was EB3ROW that benefited since 2005 at the expense of EB2I + C.
As you rightly point out, there is room for interpretation in the way the law is written, and that is why we keep having this discussion. I remember vehemently having this discussion with you on immigration.com. The bottom line is I am still waiting having been "current" twice since that time, I believe that there are many Eb3ROW folks with PDs later than mine that have sailed through ahead of me! The interpretation view of spillover over the last year is the only thing that gives me any hope near term.
In the mean time, those like me have dealt with a barrage of other processing changes that have also affected EB2I ie Labor Subs., Eb3-EB2 jumpers, the July VB fiasco impact on older 485s etc. Not sure about the exact extent of each, but nonetheless, you feel screwed by the system when your 485 is pending for near 4 yrs.
This is one harrowing experience everyone wants to forget once they get greened. Thanks for sticking around with your valuable insight.
1) People leaving because of long wait is a losing argument. Available information doesn't back it up. We have had severe retrogression since 2005 (h-1b quota cases have finished in matter of days)
2)USA is destination of choice. 9 million people file through greencard lottery for 50,000 slots and the main populated countries aren't even eligible to file (ie., India, China, Pakistan, Canada, etc.)
3) Call it what it is: Employment base immigration is least impacted. It is the only class of immigrants who are allowed to work/live in USA while they wait for greencard. Just about every other class has to wait outside until their number is called. This is number one impediment to EB grievances.
4) Stating that one is paying taxes, etc., is also losing argument. You are comparing yourself to the people who are here unlawful. Paying taxes isn't some virtue, it is the law.
5) Country quotas is fundamental to US Immigration. Getting rid of it for one class; ie employment base without looking at the whole thing is waste of time (ie., lottery, family base, etc.).
Now I don't want to get people upset but let's look at some things that have happened since 2005:
There was considerable debate on immigration.com of how the country quotas work and spillover of visas. Depending on how you read the law you would keep coming up with different conclusions. One way was to look at it as hard cap of 7% across all 140,000 visas that is 10,000 or so and it didn't matter about eb1,eb2, eb3. Any unused visas from ROW in EB1 would not go to india but rather flow down to eb2 row and then eb3 row. That s unused would go vertical instead of horizontal.
In uscis fiscal year 2004 eb3 went unavailable in summer of 2005. Statistics showed that India went well over their 7% limit.
In USCIS fiscal year 2005 we had severe retrogression for India. Visa bulletin states that spillover will be vertical instead of horizontal. Statistics showed that India only received 10,500 visas
Now, fiscal year 2006 . We have slow movement in visa dates; it appears that they are going vertical with spillover. However, in July 2007 they make it current for everyone and India goes over the 7% limit.
Fiscal year 2007 it appears from visa bulletin that they are going to go horizontal instead of vertical. No statistics yet of how much went to India.
Therefore; department of state has changed policy, interpretation without law change. Talk to many lawyers and they will tell you that spillover is supposed to happen vertical instead of horizontal. indian nationals have been benefitted greatly by department of state changing it on their whim. You don't see many people from ROW on these boards bellyaching about this; or contacting senators, or threatening lawsuits do you?
This is something to think about? As people keep highlighting this issue and if they continually point it out to lawmakers and someone from ROW gets the birght idea to challenge department of state then it will make it worse for India. I don't foresee any change whatsoever in country quota limits; mainly because it is fundamental to immigration and fundamental things don't change very easily.
In defense of the EB2I argument thought UN, I could argue that the Horizontal spillover was right all along and it was EB3ROW that benefited since 2005 at the expense of EB2I + C.
As you rightly point out, there is room for interpretation in the way the law is written, and that is why we keep having this discussion. I remember vehemently having this discussion with you on immigration.com. The bottom line is I am still waiting having been "current" twice since that time, I believe that there are many Eb3ROW folks with PDs later than mine that have sailed through ahead of me! The interpretation view of spillover over the last year is the only thing that gives me any hope near term.
In the mean time, those like me have dealt with a barrage of other processing changes that have also affected EB2I ie Labor Subs., Eb3-EB2 jumpers, the July VB fiasco impact on older 485s etc. Not sure about the exact extent of each, but nonetheless, you feel screwed by the system when your 485 is pending for near 4 yrs.
This is one harrowing experience everyone wants to forget once they get greened. Thanks for sticking around with your valuable insight.
gsc999
07-19 07:06 PM
Zoooom thanks for doing this. Anzerraja good work. You two work good as a team.
Twicetwice & Anzerraja, your generous pledge has inspired me to pledge $100 for now, more later.
We should merge all other threads dealing with this issue over here for convenience
Twicetwice & Anzerraja, your generous pledge has inspired me to pledge $100 for now, more later.
We should merge all other threads dealing with this issue over here for convenience
2011 Yoda Fighting Tattoo
pappu
04-21 07:25 AM
Thanks. We are also looking for feedback from members who have already done this and any limitations and problems that they have faced. From employer point of view as well as your own point of view.
Has anyone done this more than 1 times?
How much % salary increase have you taken while changing jobs?
How different was your job description and profile?
What are the list of limitations that your own lawyers have given you that has limited you in your professional growth?
Has anyone done this more than 1 times?
How much % salary increase have you taken while changing jobs?
How different was your job description and profile?
What are the list of limitations that your own lawyers have given you that has limited you in your professional growth?
more...
thomachan72
02-01 12:59 PM
Finally we have decided to go back to India for good. I filed my EB3 in May 2003. Its going to be another 4 years to get the green card. When I went to India for vacation last December, we liked it over there & the economy is booming. There are all sorts of discussion regarding the Economic Gap/Politics/Corruption/Cleanliness. But we like it over there. Finally I will have an option to do something interesting. In US I was very much dependent on my monthly pay check and afraid to take even the slightest risk. I am also scared to use the AC21(Hey, thats the way I am). I am working with the same company for last 10 years, kinda stagnant in the last 4 years. In India, there are lots of choices, either to work for a sw company or start some business on my own. I think I will take the business route.
May be I can go there, earn well, send my son to US for college, do green card through him & come retire in US!!!
Good Luck to everybody!!
I guess you have decided after lots of thoughts so "all the best of luck". Do you have kids? what age group if you do? just curious
Wondering how they would adjust to the tests, languages, discipline etc etc
May be I can go there, earn well, send my son to US for college, do green card through him & come retire in US!!!
Good Luck to everybody!!
I guess you have decided after lots of thoughts so "all the best of luck". Do you have kids? what age group if you do? just curious
Wondering how they would adjust to the tests, languages, discipline etc etc
desi3933
01-30 03:08 PM
Have a question. My current I-94 is valid till May 2009(entered on AP last time). What happens after May2009? Do I need to get another I-94 and how?
No.
It is customary to put one year expiration for I-94 for AP entry. It does not mean much.
____________________
Not a legal advice.
US Citizen of Indian Origin
No.
It is customary to put one year expiration for I-94 for AP entry. It does not mean much.
____________________
Not a legal advice.
US Citizen of Indian Origin
more...
wc_user
07-25 10:16 PM
What happened to EB3-I, call to action ? I sent out the letters ,but what is the follow-up ? Looks like everyone is interested only in EB2 India and nobody is doing anything about EB3-India.
2010 seeing Yoda fight himself.
nrk
02-04 11:22 AM
Hi Guys,
I came to know that if there is a significant increase in the new salary compared to old labor salary, the chances of getting a query is more.
Let us assume that if you old labor salary is X and if you want to take up a new job with X + 30% or more the chances for USCIS query is more.
If the salary increases between the jobs is 10% there should not be any issue.
Of course, these words are not from an attorney, i talked to a senior guy who is in this profession.
Before you are planning to use AC 21, please consult with attroney first and they only accept the new job.
I came to know that if there is a significant increase in the new salary compared to old labor salary, the chances of getting a query is more.
Let us assume that if you old labor salary is X and if you want to take up a new job with X + 30% or more the chances for USCIS query is more.
If the salary increases between the jobs is 10% there should not be any issue.
Of course, these words are not from an attorney, i talked to a senior guy who is in this profession.
Before you are planning to use AC 21, please consult with attroney first and they only accept the new job.
more...
ita
11-01 04:17 PM
Per my lawyer,
1. USCIS does not mandate that you must inform when you invoke AC21. You can inform them if and when you get RFE.
2. I strongly believe that we should not accept job offers that is not related to the job you originally applied for. My lawyer says it is usually vague and if USCIS determines other wise I will be in trouble. And for the same reason I am hesitant to accept very good employee offer from my current client.
3. Self employment is ok as long as the requirements are met and that is what is I am doing now.
You are not informing USCIS about it .
So just just accept employment from another employer ..just change the job or is there any paperwork involded like transfer of any documents or GC processing ?
what do you mean by invoking ?
Thank you.
1. USCIS does not mandate that you must inform when you invoke AC21. You can inform them if and when you get RFE.
2. I strongly believe that we should not accept job offers that is not related to the job you originally applied for. My lawyer says it is usually vague and if USCIS determines other wise I will be in trouble. And for the same reason I am hesitant to accept very good employee offer from my current client.
3. Self employment is ok as long as the requirements are met and that is what is I am doing now.
You are not informing USCIS about it .
So just just accept employment from another employer ..just change the job or is there any paperwork involded like transfer of any documents or GC processing ?
what do you mean by invoking ?
Thank you.
hair Yoda Fighting (EIII)
anilsal
05-23 12:11 PM
Used the sentators contact form on their website to post the concerns IV has.
more...
h1techSlave
07-20 12:43 PM
If I simplify the whole attitude of IV members; it would be "EB3 is hopeless; EB2 doesn't need any help".
The way the whole EB GC stands now, EB2 folks do not need any additional help. The dates are moving relatively fast. In a year or two most of the EB2 folks will get GC. So why spend money and time in IV efforts?
As far as EB3 folks are considered, we have no hope. CIR is dead; piecemeal efforts are opposed by CHC. IV has never shown much interest in piecemeal efforts, despite the fact that what ever little efforts have resulted in enormous positive results.
The way the whole EB GC stands now, EB2 folks do not need any additional help. The dates are moving relatively fast. In a year or two most of the EB2 folks will get GC. So why spend money and time in IV efforts?
As far as EB3 folks are considered, we have no hope. CIR is dead; piecemeal efforts are opposed by CHC. IV has never shown much interest in piecemeal efforts, despite the fact that what ever little efforts have resulted in enormous positive results.
hot Yoda and Emperor Palpatine
53885
05-24 01:09 PM
I guess I am the only one on this thread.
I guess many are still focussed on evaluating MBS, discussing CIR draft.....
instead of taking any action.
Sent emails to 20 more, for a total of 50.
I sent emails to 10 more senators.
I guess many are still focussed on evaluating MBS, discussing CIR draft.....
instead of taking any action.
Sent emails to 20 more, for a total of 50.
I sent emails to 10 more senators.
more...
house I#39;ve always imagined Yoda,
Raju
07-20 10:19 AM
I pledge 200 for Aman.
and also increase my monthly contribution from 20$ to 50$.
Great going guys. Keep it coming. Yes we can for sure extend this to Monday. The more the better.
and also increase my monthly contribution from 20$ to 50$.
Great going guys. Keep it coming. Yes we can for sure extend this to Monday. The more the better.
tattoo Yoda fighting the 501st on
desi3933
01-30 02:17 PM
Where is it written???? 30 day rule?????? SHOW ME ...................................
STOP THIS NON-SENSE.......
Why are you shouting? I have posted 30/60 days rule many times on this forum and other popular portal forum.
Here is one link -
H-1B - Specialty Occupation Work Visa (http://www.fitzgeraldlawcompany.com/h1b.html)
Here is relevant quote from there
Employer must pay the H-1B employee the required wage no later than 30 days from the H1 B employee's entry into the U.S., or 60 days from the approval date of the visa petition if the H1 B employee is already in the U.S.
____________________
Not a legal advice.
US Citizen of Indian Origin
STOP THIS NON-SENSE.......
Why are you shouting? I have posted 30/60 days rule many times on this forum and other popular portal forum.
Here is one link -
H-1B - Specialty Occupation Work Visa (http://www.fitzgeraldlawcompany.com/h1b.html)
Here is relevant quote from there
Employer must pay the H-1B employee the required wage no later than 30 days from the H1 B employee's entry into the U.S., or 60 days from the approval date of the visa petition if the H1 B employee is already in the U.S.
____________________
Not a legal advice.
US Citizen of Indian Origin
more...
pictures Yoda, Palpatine Statues Fight
dixie
12-11 10:59 AM
It would be naive and untenable for us to openly ask the lawmakers to limit H1-Bs even while we ourselves on the same visa (and will be for the near future) - it amounts to tacitly acknowledging that H1-Bs are somehow harmful to this country. It wouldn't be any better than numbersUSA saying out with the immigrants even as they themselves are descendants of immigrants.
Our "friends" would love a deal like that .. first use all legal immigrants to oppose the 12 million illegals, then use us to get rid of H1-B, next use us against FB applicants and finally when EBs are too small a group to stand up for themselves, crush them with a sledgehammer !! Cant think of a more elegant application of divide and conquer. So, sorry we are not going to strike any sort of a "deal" with the other side - because the only deal that works for them is out with ALL immigrants. H1-B or GC, legal or illegal are nuances that simply dont exist for them.
Our "friends" would love a deal like that .. first use all legal immigrants to oppose the 12 million illegals, then use us to get rid of H1-B, next use us against FB applicants and finally when EBs are too small a group to stand up for themselves, crush them with a sledgehammer !! Cant think of a more elegant application of divide and conquer. So, sorry we are not going to strike any sort of a "deal" with the other side - because the only deal that works for them is out with ALL immigrants. H1-B or GC, legal or illegal are nuances that simply dont exist for them.
dresses Yoda fighting the 501st on
new_horizon
11-17 10:32 PM
Done. Also posted message to the MI IV chapter.
more...
makeup Name : Yoda. Type : Fighting
Tarang
11-17 07:03 PM
Done.
girlfriend Duel in the Senate (Great Jedi
crystal
07-11 10:06 AM
Nice to see your post Raju .We must thank the reporter
http://www.orlandosentinel.com/community/news/ucf/orl-visas1107jul11,0,5061439.story
I am going to call the reporter and thank him again.
http://www.orlandosentinel.com/community/news/ucf/orl-visas1107jul11,0,5061439.story
I am going to call the reporter and thank him again.
hairstyles sc4-vader-yoda.jpg
CADude
08-01 06:30 PM
Tricky question? Only USCIS can answer. May be part of FAQ3..;)
On July 25th lawyer sent my documents 140 & 485 concurrent, PD port from previous I-140 approval (approved at Nebraska).
Reached Nebraska Service Centre on July 26th.
Will it be processed at Nebraska Service centre or Texas Service centre? According to new direct filing instructions my employer and my residence comes under Texas Service centre.
On July 25th lawyer sent my documents 140 & 485 concurrent, PD port from previous I-140 approval (approved at Nebraska).
Reached Nebraska Service Centre on July 26th.
Will it be processed at Nebraska Service centre or Texas Service centre? According to new direct filing instructions my employer and my residence comes under Texas Service centre.
hoolahoous
08-20 10:44 PM
Okay guys.. now the journey is over for me. I finally got my physical cards in mail. for some reason I never got CPO email/text. All I got decision and post decision emails. Since it had been couple of weeks since decision I was getting uneasy (because of no CPO).. but I got physical cards in mail today !
best of luck to everyone waiting.
best of luck to everyone waiting.
makemygc
08-02 10:00 AM
/\/\/\/\
Bump
Just checking if anyone in this thread got his/her check encashed this morning.
Bump
Just checking if anyone in this thread got his/her check encashed this morning.
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