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akela_topchi
08-07 01:47 PM
Excellent points!!
Sunnysurya,
I am not arguing or obstinately stating my view. I am genuinely confused.
I am not sure how it is unfair on EB2. Didn't these folks apply for GC before us legally and stand in line sincerely (no labor subs) AND gather pertinent work exp and education?
I understand you are working on getting the numbers. I would wait to hear from you with those numbers.
It is one thing to feel wronged seeing a few examples of people abusing the porting but quite another to have a lawsuit alleging that this is a widespread activity and it is causing grievous delays for the ones waiting in EB2. I really don't believe it and feel it is insulting to a large majority of highly skilled and hard working immigrants who have/will legally port their EB3 PDs to EB2.
Regards.
Sunnysurya,
I am not arguing or obstinately stating my view. I am genuinely confused.
I am not sure how it is unfair on EB2. Didn't these folks apply for GC before us legally and stand in line sincerely (no labor subs) AND gather pertinent work exp and education?
I understand you are working on getting the numbers. I would wait to hear from you with those numbers.
It is one thing to feel wronged seeing a few examples of people abusing the porting but quite another to have a lawsuit alleging that this is a widespread activity and it is causing grievous delays for the ones waiting in EB2. I really don't believe it and feel it is insulting to a large majority of highly skilled and hard working immigrants who have/will legally port their EB3 PDs to EB2.
Regards.
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GreenCard4US
10-31 03:36 PM
I am sorry if I am bit late on this forum. Why even inform USCIS when you use AC21? There is no rule stating that you have to inform them , so why do it?
rahulpaper
06-29 08:57 PM
I don't intent to sound rude, but why would this make your life "Suck", "no social life" , "no carreer life", "no nothing life".
Iam in the same position as everybody else, and am deeply dissapointed with the news (hence Iam here), but I just spend 2 hours in a nice pub, drinking nice micro brews, came home had a nice talk with my wife (H4), we are planning on going out for dinner and maybe watch Knocked up afterwords (heard its nice).
If this were to be true, it would delay our GC by another 2-3 years, but we are in this country on our own free will, making good money. Be dissapointed, but this is not the end of the world..Mantain the perspective...
just curious...
Iam in the same position as everybody else, and am deeply dissapointed with the news (hence Iam here), but I just spend 2 hours in a nice pub, drinking nice micro brews, came home had a nice talk with my wife (H4), we are planning on going out for dinner and maybe watch Knocked up afterwords (heard its nice).
If this were to be true, it would delay our GC by another 2-3 years, but we are in this country on our own free will, making good money. Be dissapointed, but this is not the end of the world..Mantain the perspective...
just curious...
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TUnlimited
09-15 09:03 PM
Did you have LUD on your I 140?
Nope. Why?
Nope. Why?
more...
ramhs
06-29 01:57 PM
Guys, Are we sure that Fedex will not deliver on saturday or sunday, what will happen if they deliver, nobody will be at USCIS to accept right, so it will still be opened only on monday ?
h1bmajdoor
01-10 08:12 PM
That is naive... AC21 is not an administrative decision of USCIS... It is a law... AC21 = American Competitiveness in the 21st Century act!! It was passed by congress and the only body that can revoke it is congress.
USCIS cannot revoke AC21.. only congress can. Please dont be paranoid. The most USCIS can do is refuse to change their current stance on same/similar job.
Gurus, correct me if I am wrong.
i am not a guru... but CIS can easily make things more difficult for you than congress intended.
namechecks are not authorized by congress (for GC anyway), by CIS uses them to screw people anyway.
"same or similar" in AC21 is a good enough clause. Do not needle them to come up with a rigid rule, because whatever they come up with will be worse than what you have now.
At least now they have some leeway to help you, and you have _some_ chance to move in career.
jeez...
USCIS cannot revoke AC21.. only congress can. Please dont be paranoid. The most USCIS can do is refuse to change their current stance on same/similar job.
Gurus, correct me if I am wrong.
i am not a guru... but CIS can easily make things more difficult for you than congress intended.
namechecks are not authorized by congress (for GC anyway), by CIS uses them to screw people anyway.
"same or similar" in AC21 is a good enough clause. Do not needle them to come up with a rigid rule, because whatever they come up with will be worse than what you have now.
At least now they have some leeway to help you, and you have _some_ chance to move in career.
jeez...
more...
radhay
06-29 04:08 PM
same thing from my law firrm..
"I have received the following update from the American Immigration
Lawyers Assoc. regarding the July quota:
Update on July Visa Availability
We are hearing from multiple sources that, on Monday or Tuesday of next
week, State Department plans to issue a revised Visa Bulletin for July
2007. This revised Bulletin would retrogress some or all of the
employment-based categories, very likely to the point of unavailable.
Reports from AILA members about unusual levels and types of activities
by USCIS indicate a particular push to adjudicate employment-based
adjustments currently in the pipeline so as to exhaust visa numbers for
fiscal year 2007.
This follows the actions of USCIS in June, when it began rejecting EB-3
"Other Worker" adjustment applications even though the Visa Bulletin
showed an October 2001 cut-off date, on the basis that the "Other
Worker" numbers for the year had been exhausted."
What the heck?????
"I have received the following update from the American Immigration
Lawyers Assoc. regarding the July quota:
Update on July Visa Availability
We are hearing from multiple sources that, on Monday or Tuesday of next
week, State Department plans to issue a revised Visa Bulletin for July
2007. This revised Bulletin would retrogress some or all of the
employment-based categories, very likely to the point of unavailable.
Reports from AILA members about unusual levels and types of activities
by USCIS indicate a particular push to adjudicate employment-based
adjustments currently in the pipeline so as to exhaust visa numbers for
fiscal year 2007.
This follows the actions of USCIS in June, when it began rejecting EB-3
"Other Worker" adjustment applications even though the Visa Bulletin
showed an October 2001 cut-off date, on the basis that the "Other
Worker" numbers for the year had been exhausted."
What the heck?????
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pappu
01-07 11:59 PM
Quick question.
IV has asked for 2 copies, one to the President and one to IV. Couple of questions on that.
1) Does the letter addressed to the President need to be in a seperate stamped envelope?
2) What is the reason behind 2 copies?
Hello eb3_nepa
1) (copy 1)please send a separate letter to the President.
2) (copy 2)Send a copy of that letter to IV. After the letters are sent to the President, IV will have a meeting with senior administration officials. In that meeting we will carry the copies of the letters and deliver to them.
IV has asked for 2 copies, one to the President and one to IV. Couple of questions on that.
1) Does the letter addressed to the President need to be in a seperate stamped envelope?
2) What is the reason behind 2 copies?
Hello eb3_nepa
1) (copy 1)please send a separate letter to the President.
2) (copy 2)Send a copy of that letter to IV. After the letters are sent to the President, IV will have a meeting with senior administration officials. In that meeting we will carry the copies of the letters and deliver to them.
more...
veni001
04-05 07:01 AM
Those cases are void at least per DOS. If you look at last month (or prev 6 months) demand data from DOS .
Demand Prior to Jan1st 2006 for EB2 I/C = 0
Demand data reflects the latest and accurate. (at least this is the document DOS relies on to set the priority date in VB)
Nothing is void, unless the application(i485) is denied. If we compare Oct 2010 inventory with Jan 2011 inventory we see changes in monthly pending cases before 01/01/2006.
DOS look for approvable cases in a particular month, as opposed to USCIS look at overall pending cases.:)
The bottom line is how one is interpreting the data/information available? We really don't know how DOS is interpreting USCIS pending inventory when publishing their demand data.
Demand Prior to Jan1st 2006 for EB2 I/C = 0
Demand data reflects the latest and accurate. (at least this is the document DOS relies on to set the priority date in VB)
Nothing is void, unless the application(i485) is denied. If we compare Oct 2010 inventory with Jan 2011 inventory we see changes in monthly pending cases before 01/01/2006.
DOS look for approvable cases in a particular month, as opposed to USCIS look at overall pending cases.:)
The bottom line is how one is interpreting the data/information available? We really don't know how DOS is interpreting USCIS pending inventory when publishing their demand data.
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glus
01-21 09:50 AM
I had both a valid visa stamped on my passport and AP. But my wife did not have a stamped visa so I showed her AP and my h1. The immigration inspector said that you both have to use AP to enter. I argued with him a little that I can use my h1 when it is valid but he did not agree and said that I am trying to do a fraud. Well I did not argue much and let him stamp my I 94 with a parole stamp till 01/26/2007. I have now filed for my extension.
I have verified that with my attorney. The officer should not have asked you to enter on AP. You could have entered on H1 or AP and it was up to you. This is a good example of the fact that some immigration officers do not know the rules well. If your H1 is still good, you can leave and re-enter showing H1 and you should be fine.
G
I have verified that with my attorney. The officer should not have asked you to enter on AP. You could have entered on H1 or AP and it was up to you. This is a good example of the fact that some immigration officers do not know the rules well. If your H1 is still good, you can leave and re-enter showing H1 and you should be fine.
G
more...
aquarianf
06-15 01:08 PM
Seems like we are so many here who are planning to file on our own. Isn't it wise to hire an attorney and negotiate a better rate, so we all can file correctly in one shot?
All attorneys are going to be very very busy so it is just better to file your self. I have an attorny, I submitted all documents to my attorney by 20th May but they have not done anything about it.
All attorneys are going to be very very busy so it is just better to file your self. I have an attorny, I submitted all documents to my attorney by 20th May but they have not done anything about it.
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optimystic
03-24 03:25 PM
The details escapes me... at some point in the long past I was looking into what kind of questions employers should and shouldn't ask. If I come across anything again then I will surely post.
As far as EAD is concerned, the employers shouldn't discriminate. Especially if more than 90 days are left on it since that's the time-frame govt promises to issue a new EAD. The employer might feel better to work with a citizen or GC or a person of certain ethnic background or national origin. However, thats the kind of decisions the employer is not allowed to make. Employer has to accept EAD, everything else being equal. When the law is not followed and it harms us, we have to fight it back.
I realize employers sometime end up asking questions that they shouldn't like the obvious ones such as age and marital status.
Thats a good point about "at least 90 days validity remaining on EAD".
I am now curious to hear back the response that the original poster got back from CapitolOne.
As far as EAD is concerned, the employers shouldn't discriminate. Especially if more than 90 days are left on it since that's the time-frame govt promises to issue a new EAD. The employer might feel better to work with a citizen or GC or a person of certain ethnic background or national origin. However, thats the kind of decisions the employer is not allowed to make. Employer has to accept EAD, everything else being equal. When the law is not followed and it harms us, we have to fight it back.
I realize employers sometime end up asking questions that they shouldn't like the obvious ones such as age and marital status.
Thats a good point about "at least 90 days validity remaining on EAD".
I am now curious to hear back the response that the original poster got back from CapitolOne.
more...
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pd_may_2007
07-25 10:11 AM
I came across this coverage by Voice Of America... Please do note that this is in Hindi (Indian National language) WITHOUT any sub-titles.
http://www.youtube.com/watch?v=JX8Aqi3F9is
http://www.youtube.com/watch?v=JX8Aqi3F9is
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sriswam
06-29 06:08 PM
My $0.02. This could be a pre-emptive measure on the part of AILA. There must have been some talk at the state department of mid-month regression. This might be a strategy to scotch that. Raise a ruckus and send a message that we are prepared to file a law suit. Who knows? We are mere pawns in this grand game. Whatever happens, I hope people keep some perspective and not lose sleep over this.
- Sri
- Sri
more...
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saturnring11
08-16 01:23 PM
Today, I got a phone call from an IO at 7:45 am waking me up from my sleep. She said she was following-up on my request to the Senator to get a case update. She told me that my case is in transit to an officer from the holding facility.
This is the same status I got from my Infopass almost 10 days ago. How long does the case go from in-transit to assigned to an officer?
Is this common to get phone calls like this? She did give me her phone number and asked me to follow-up if I don't hear back in two weeks. Anyone experienced a similar situation?
This is the same status I got from my Infopass almost 10 days ago. How long does the case go from in-transit to assigned to an officer?
Is this common to get phone calls like this? She did give me her phone number and asked me to follow-up if I don't hear back in two weeks. Anyone experienced a similar situation?
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pappu
01-09 03:42 PM
banners and posters are here
http://immigrationvoice.org/index.php?option=com_content&task=category§ionid=4&id=13&Itemid=36
Maybe you or others can take a lead in this campaign and have everyone use IV posters and banners..
Hello Pappu,
I feel we should have some banners up in different Indian stores, specially targeting some selfish EAD holders, who already feel they got their green cards irrespective of the current visa bulletin
1. Setting up banners will not only attract new members, but will make these EAD holders think from a rational perspective.
2.Also IV administration should send out a personal email to all it members, informing them about the importance of coming together, this way the EAD members who have stopped coming to IV will get the message.
3. We should contact the Indian newspaper editors, to print about our rally on March1st 2009, I believe more awareness we spread a better result we get.
Thank you
http://immigrationvoice.org/index.php?option=com_content&task=category§ionid=4&id=13&Itemid=36
Maybe you or others can take a lead in this campaign and have everyone use IV posters and banners..
Hello Pappu,
I feel we should have some banners up in different Indian stores, specially targeting some selfish EAD holders, who already feel they got their green cards irrespective of the current visa bulletin
1. Setting up banners will not only attract new members, but will make these EAD holders think from a rational perspective.
2.Also IV administration should send out a personal email to all it members, informing them about the importance of coming together, this way the EAD members who have stopped coming to IV will get the message.
3. We should contact the Indian newspaper editors, to print about our rally on March1st 2009, I believe more awareness we spread a better result we get.
Thank you
more...
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eb_retrogession
02-24 02:13 PM
Draft Text of the Comprehensive Immigration Reform Act of 2006 (Chairman Specter�s Mark)
http://www.aila.org/content/default.aspx?docid=18639
From a quick glance, I see all the provisions talked about in various bills for EB category except for recapture of unused visas. Very broad markup.
http://www.aila.org/content/default.aspx?docid=18639
From a quick glance, I see all the provisions talked about in various bills for EB category except for recapture of unused visas. Very broad markup.
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diptam
08-07 12:44 PM
These 2 folks SunnySurya and Rolling_flood attacked me with RED points because i said the truth on the other thread of "Lawsuit for Porting/Interfiling". Though i least care if someone anonymous gives me Red points but i'm worried about them.....
This is what i wrote in that post which was attacked , what's wrong in it ... Try to digest the truth SunnySurya and Rolling_flood - you can't scare folks like by words of Lawsuit....
............
Lot of our case was exactly like that - i was eligible for EB2 when my Eb3 labor was filed. Employer took advantage of my compromising situation ( H was having 390 days juice left)
If Porting/Interfiling is taken off folks like me will be terribly victimized. I'm here for 9 years - my 1st labor was substituted , 2nd labor ( which should be Eb2 but filed in Eb3) took a round trip from Phily backlog elimination center and now i'm stuck in the Eb3-140 mess at NSC
..........
All,
Lets do another flower campaign to wish get well soon to SunnySurya and Rooling_flood. Get well soon Mamu...
This is what i wrote in that post which was attacked , what's wrong in it ... Try to digest the truth SunnySurya and Rolling_flood - you can't scare folks like by words of Lawsuit....
............
Lot of our case was exactly like that - i was eligible for EB2 when my Eb3 labor was filed. Employer took advantage of my compromising situation ( H was having 390 days juice left)
If Porting/Interfiling is taken off folks like me will be terribly victimized. I'm here for 9 years - my 1st labor was substituted , 2nd labor ( which should be Eb2 but filed in Eb3) took a round trip from Phily backlog elimination center and now i'm stuck in the Eb3-140 mess at NSC
..........
All,
Lets do another flower campaign to wish get well soon to SunnySurya and Rooling_flood. Get well soon Mamu...
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chintu25
09-10 09:41 AM
I have this link for the hearing but unable to play the video Any suggestions or other links
http://judiciary.house.gov/hearings/calendar.html
http://judiciary.house.gov/hearings/calendar.html
addsf345
09-22 06:52 PM
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shouldIwait
05-10 05:37 PM
Few responses to Mr. Hunter.
I'm not blind to stereotyping in this forum or elsewhere. It's not you vs. them kinda thing. You ARE stereotyping based upon some TRUE things but it is still stereotyping, isn't it.
Also, you understood some of my comments wrong. All I was saying is that due to big ISV's like TCS/INFY/WIPRO and mushrooms of bodyshops the actual worker gets pennies on a dollar and they keep the booty. So it's not the worker who causes wage depression it's the circumvention of the spirit of law that these companies do which causes it. I say "spirit of law" because they still stay within the legal framework. As far as offshoring is concerned it's a big discussion in itself and forces of capitalism and globalization are at work. None of us can prevent that but we can counter it by moving up in the value chain.
The scenario you described about modus operandi of big Indian ISV's is 100% correct but to generally imply that Indians are 1/5th as good as Americans when it comes to IT (50 member team vs. 10-12 member team) is a supremacist attitude and completely untrue.
It is true that the Indian counterparts are usually of much younger age but rarely substandard for the job. Companies realize that IT is no-longer considered rocket-science and they can save a few bucks. Try to think objectively keeping personal impact aside.
Now regarding overall economic input of immigrants there are issues broader and larger than you mentioned. Some of the smaller points you mentioned are true but you are completely missing the big picture. We can discuss that in a different thread :)
When Bill Gates says best-and-brightest it applies to individuals and not a VISA category, he's not lying. Among the 65K every year you'll find people from all skill levels, cream-of-the-cream to just-about-ok, and a few rotten-apples too. The immigration system is not designed to test skill level. Overall it's old, irrelevant and doesn't help anyone. It needs to be re-designed but unfortunately people are divided on fake lines and ignore the real issues or rather real solutions.
Although you have said it differently but you are right that solution to mine and your problems lie at the same spot, a modern, common-sense, immigration system that promotes best-and-the-brightest (Indian and American) and discourages exploitation.
I'm not blind to stereotyping in this forum or elsewhere. It's not you vs. them kinda thing. You ARE stereotyping based upon some TRUE things but it is still stereotyping, isn't it.
Also, you understood some of my comments wrong. All I was saying is that due to big ISV's like TCS/INFY/WIPRO and mushrooms of bodyshops the actual worker gets pennies on a dollar and they keep the booty. So it's not the worker who causes wage depression it's the circumvention of the spirit of law that these companies do which causes it. I say "spirit of law" because they still stay within the legal framework. As far as offshoring is concerned it's a big discussion in itself and forces of capitalism and globalization are at work. None of us can prevent that but we can counter it by moving up in the value chain.
The scenario you described about modus operandi of big Indian ISV's is 100% correct but to generally imply that Indians are 1/5th as good as Americans when it comes to IT (50 member team vs. 10-12 member team) is a supremacist attitude and completely untrue.
It is true that the Indian counterparts are usually of much younger age but rarely substandard for the job. Companies realize that IT is no-longer considered rocket-science and they can save a few bucks. Try to think objectively keeping personal impact aside.
Now regarding overall economic input of immigrants there are issues broader and larger than you mentioned. Some of the smaller points you mentioned are true but you are completely missing the big picture. We can discuss that in a different thread :)
When Bill Gates says best-and-brightest it applies to individuals and not a VISA category, he's not lying. Among the 65K every year you'll find people from all skill levels, cream-of-the-cream to just-about-ok, and a few rotten-apples too. The immigration system is not designed to test skill level. Overall it's old, irrelevant and doesn't help anyone. It needs to be re-designed but unfortunately people are divided on fake lines and ignore the real issues or rather real solutions.
Although you have said it differently but you are right that solution to mine and your problems lie at the same spot, a modern, common-sense, immigration system that promotes best-and-the-brightest (Indian and American) and discourages exploitation.
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