eb3_nepa
06-25 05:22 PM
Actually you are partly right. Only those who had paid the revised higher fee last year are eligible to get renewals for free. All those who had paid the regular fee (July filers) pay for renewal everytime
Yes and ALL July 2nd Filers HAVE to pay the EAD and AP fees over and over again. Coz everyone that benefitted from the July 2nd drama was not granted the multiple ead renewal free deal. I am VERY sure about that.
Yes and ALL July 2nd Filers HAVE to pay the EAD and AP fees over and over again. Coz everyone that benefitted from the July 2nd drama was not granted the multiple ead renewal free deal. I am VERY sure about that.
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tawlibann
03-20 08:15 PM
Remember that these numbers are first categorized and then assigned to applicants on a per country basis. In other words, a visa number if it is EB2, should be assigned to EB2 (no matter what) before it goes to EB3. If it is EB1 visa number and for it to become a EB2 visa number, there should not be any need for that number in EB1 category.
Nixstor,
A lot of people argue that these categories are not defined as hard and fast percentages, but that rather the definition of EB-1 already includes spill-over from EB-4/5, EB-2 includes spill-over from EB-1, etc., and that 202(a)(5)(A) actually refers to already spilled-over categories (i.e. the place where they talk about the total number of visas).
I guess this point as to how exactly spillover happens is very moot, and the law is quite open to interpretation. They should have really defined this more clearly with the AC21 amendment, rather than have people waste their time with lawsuits and stuff like that.
Nixstor,
A lot of people argue that these categories are not defined as hard and fast percentages, but that rather the definition of EB-1 already includes spill-over from EB-4/5, EB-2 includes spill-over from EB-1, etc., and that 202(a)(5)(A) actually refers to already spilled-over categories (i.e. the place where they talk about the total number of visas).
I guess this point as to how exactly spillover happens is very moot, and the law is quite open to interpretation. They should have really defined this more clearly with the AC21 amendment, rather than have people waste their time with lawsuits and stuff like that.
girish.sh
06-14 09:11 PM
Hi Company A has file for H1B and it got stamped. I came to USA last week and did not join them as they were not able to provide me job and were asking me to delay my trip to USA. Now last week monday they said they will terminate my visa and report to USCIS. My new employer has yet not applied for H1B transfer. So i wanted to know how much time do i have left to do it. Suppose Company A filed for visa cancellation on 11th June, Monday. Please let me know if there would be any problem in filing for H1B transfer now as Company A has filed for cancellation before i file for H1B Transfer.
I would appreciate a detiled reply.
Thanks,
Girish
I would appreciate a detiled reply.
Thanks,
Girish
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pnjbindia
07-05 09:57 PM
Hands down, the best in the DC area.. Very professional Italian law firm with imigrant lawyers.....
www.maggio-kattar.com
Speak to Mr. Jim Alexander..
www.maggio-kattar.com
Speak to Mr. Jim Alexander..
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siravi
10-15 06:58 PM
How about Cyrus D. Mehta & Associates?. Please share your comments about this attorney based in NY.
gee_see, Cyrus Mehta/firm has been handling my F1 to H1-B filing and GC processing; I have had a very positive experience with the firm, no complaints.
gee_see, Cyrus Mehta/firm has been handling my F1 to H1-B filing and GC processing; I have had a very positive experience with the firm, no complaints.
Hinglish
03-20 05:10 PM
It does make sense that the overflow numbers are given to higher preference categories in single state oversubscribed countries. When you think about it, will that not be the most beneficial to United States? Who would you prefer .... and Unskilled professional from a ROW category or a skilled worker from an Oversubscribed country. I would gather it would make more sense to give the opportunity to the higher skilled since the benefit to US will be higher
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arunmurthy
10-01 05:18 PM
Arunmurthy,
You also need to grow up. Making derogatory remark on UP/Bihar, you showed it.
These days, people blame UP/Bihar for anything... Hyprocate like you are not belong to any state or nation. At least psaxena showing how is proud of IV being donor. We as freeloader should appreciate and not to take it as donor vs freeloader. Its his choice to be donor and its your and mine not to be donor. If you are too proud of your english, then be proud of it. Atleast he can write hindi (national language). Do you?
Dude,
Either write in Hindi or English because your sentences dont make any sense at all atleast
grammatically.
It is hypocrite and not hypocrate.
I can speak Hindi, Urdu, Tamil and Telgu besides English.
Can you?
You also need to grow up. Making derogatory remark on UP/Bihar, you showed it.
These days, people blame UP/Bihar for anything... Hyprocate like you are not belong to any state or nation. At least psaxena showing how is proud of IV being donor. We as freeloader should appreciate and not to take it as donor vs freeloader. Its his choice to be donor and its your and mine not to be donor. If you are too proud of your english, then be proud of it. Atleast he can write hindi (national language). Do you?
Dude,
Either write in Hindi or English because your sentences dont make any sense at all atleast
grammatically.
It is hypocrite and not hypocrate.
I can speak Hindi, Urdu, Tamil and Telgu besides English.
Can you?
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vjkypally
09-22 09:57 AM
Aunts and Uncles with Gifts is no reason for you to look down upon entire SW Industry. Remember ur handle "JISDESH......" is prospering because of this Industry. Your Uncles and Aunts didnt do anything to get "JISDESH..." to the position it is in today.
You probably dont deserve a response. I am not from SW industry and yes I have a double Masters but don't feel heart broken that these guys stood up for their rights!!!
You probably dont deserve a response. I am not from SW industry and yes I have a double Masters but don't feel heart broken that these guys stood up for their rights!!!
more...
nk2006
11-08 07:23 AM
That said, from what I have been reading on talk radio shows, people are disappointed in general with the GOP - even with the pro amnesty position adopted by Pres. Bush, McCain, Specter, etc - and therefore want to give them a bad time. I don't think that was an endorsement for amnesty at all.
The Ombudsman
So your analysis is: people are unhappy with GOP that �some� of them are in favor of immigration measures and punished them by giving control to a party where �most� of them are certain to support those same measures ????!!!???!!! Its most illogical and even comical analysis I ever heard.
Elections show that American people are much smarter than some politicians/talk show/TV show hosts hoped for. True, elections are fought on much stronger issues like war, economy etc and exit polls have shows that people are not too concerned about illegal immigration issue despite of coverage given by likes of Lou Dobbs. Also based on the fate of candidates who made the immigration their main plank, it can be argued that majority is actually in favor of such measures�..election results are a lot complicated to say anything like that�..but�.its a much more logical conclusion that what you were saying.
The Ombudsman
So your analysis is: people are unhappy with GOP that �some� of them are in favor of immigration measures and punished them by giving control to a party where �most� of them are certain to support those same measures ????!!!???!!! Its most illogical and even comical analysis I ever heard.
Elections show that American people are much smarter than some politicians/talk show/TV show hosts hoped for. True, elections are fought on much stronger issues like war, economy etc and exit polls have shows that people are not too concerned about illegal immigration issue despite of coverage given by likes of Lou Dobbs. Also based on the fate of candidates who made the immigration their main plank, it can be argued that majority is actually in favor of such measures�..election results are a lot complicated to say anything like that�..but�.its a much more logical conclusion that what you were saying.
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sanju
09-12 11:36 AM
President drives the policy. He decides which laws are to be considered, which policy is to be formulated. He tells that to the Congress asking Congress to fix an issue. Say President wants Social Security reform, he will ask congress the kind of social security reform he wants. If a member of congress agrees, he or she will propose a law. Majority leader in the Senate and House speaker schedules the vote on the floor and they drive their "House" but the policy is driven by the President. Veto is not the only thing that a President does although in the current Presidential debate, you will hear about the macho-ism of candidates based on how many bills he/she vetoed, as if to veto a bill Governor or future President will have to lift 500 pounds for the "people's sake".
Although there is always an urge to over simplify things in real life, maybe because over-simplifying makes us looks good by suggesting easy solutions to any complex situation, maybe that’s why we want to believe that Republicans are better than Democrats or Democrats are better than republicans, easy pick problem solved. But like most things in life, the immigration debate is so convoluted and complex that any one party is not for/against any specific issue. It is very easy to find republicans who are opposed to our provisions and democrats who want us out of here.
Also, here is a reason why I opened this thread and why comments from Sen. Obama to the question of employment based green card is important. I don’t know much about ever complex politics and immigration, but I am a frequent visitor to this site and learned a lot about the issue during Durbin Grassley bill. In CIR of 2007 had provisions that were designed to eliminate AC21 and visa extension beyond 6 years. If that happens now, a lot of people who really don’t care who wins the election will be asked to leave, in most cases immediately. 2007 CIR was designed by Sen. Durbin. Sen. Durbin is also Campaign Chair for Sen. Obama. Sen. Durbin will drive President Obama’s policy on green card and H1 issue. They may intend to stop so called “exploitation”, but in the process as always is the case, they will be foolish enough to pass such provisions to punish the people that are being “exploited”, which I guess is us. And if they pass laws to abolish AC21 Section 106 (a) & (b) and if they remove 7th yr H1 extension, which at this time is tip of the ice-berg, I hope you can imagine how rest of the things will shape up. My intent of opening this thread was to find out the intensity of Sen. Obama’s reply and see if his administration will be able to withstand an onslaught from Sen. Durbin in preventing any foolish provisions that have not been thought through.
I guess now you see the relevance of the position of Sen. Obama on this issue.
And BTW, "interested in legal immigration" is a very lose term. It can mean lot of things. The writing is on the wall, be prepared for the Durbin roll-over in Obama administration. If you are waiting for the green card next year, you was in deep deep very cold water.
.
Although there is always an urge to over simplify things in real life, maybe because over-simplifying makes us looks good by suggesting easy solutions to any complex situation, maybe that’s why we want to believe that Republicans are better than Democrats or Democrats are better than republicans, easy pick problem solved. But like most things in life, the immigration debate is so convoluted and complex that any one party is not for/against any specific issue. It is very easy to find republicans who are opposed to our provisions and democrats who want us out of here.
Also, here is a reason why I opened this thread and why comments from Sen. Obama to the question of employment based green card is important. I don’t know much about ever complex politics and immigration, but I am a frequent visitor to this site and learned a lot about the issue during Durbin Grassley bill. In CIR of 2007 had provisions that were designed to eliminate AC21 and visa extension beyond 6 years. If that happens now, a lot of people who really don’t care who wins the election will be asked to leave, in most cases immediately. 2007 CIR was designed by Sen. Durbin. Sen. Durbin is also Campaign Chair for Sen. Obama. Sen. Durbin will drive President Obama’s policy on green card and H1 issue. They may intend to stop so called “exploitation”, but in the process as always is the case, they will be foolish enough to pass such provisions to punish the people that are being “exploited”, which I guess is us. And if they pass laws to abolish AC21 Section 106 (a) & (b) and if they remove 7th yr H1 extension, which at this time is tip of the ice-berg, I hope you can imagine how rest of the things will shape up. My intent of opening this thread was to find out the intensity of Sen. Obama’s reply and see if his administration will be able to withstand an onslaught from Sen. Durbin in preventing any foolish provisions that have not been thought through.
I guess now you see the relevance of the position of Sen. Obama on this issue.
And BTW, "interested in legal immigration" is a very lose term. It can mean lot of things. The writing is on the wall, be prepared for the Durbin roll-over in Obama administration. If you are waiting for the green card next year, you was in deep deep very cold water.
.
more...
BharatPremi
05-29 09:31 PM
... People in France speak in French even when they clearely see that the passanger does not understand French and has no clue to the happennings ....
.
That is the general norm of many countries and cultures except South Asia where people are so enslaved by English that now we have lost the ability to understand this basic norm of human culture. We are the only people (South Asians)on earth who take pride speaking in foreign languages particularly English and not speaking in our own languages. Europeans, Japaneses, Chinese, Americans, Canadians, Arab countries all take pride speaking in their own languages.
.
That is the general norm of many countries and cultures except South Asia where people are so enslaved by English that now we have lost the ability to understand this basic norm of human culture. We are the only people (South Asians)on earth who take pride speaking in foreign languages particularly English and not speaking in our own languages. Europeans, Japaneses, Chinese, Americans, Canadians, Arab countries all take pride speaking in their own languages.
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mundada
01-13 09:09 AM
I disagree with you. I will try again but you can continue to disagree with me.
Guy from ROW joins Company A in 2001. The Company A files his EB2 ROW in 2004.
Guy from Retrogressed Country (India/China) joins same Company A in 2001. The Company A files his EB2 India in 2004.
Both guys are brilliant and have same talent.
ROW guy gets approval in 2005, while Retrogressed guy has not got approval even in 2010.
ROW guy gets promotion and moves up in the ladder in 5 years from 2005 to 2010, while Retrogressed guy cannot move up the ladder even though he qualifies for the promotion because he does not have green card and is required to maintain same or similar job.
Agreed immigration is benefit. But immigration laws should apply equally. It cannot be the case that people from only few countries are retrogressed by 5 more years than the people from all the other countries, which causes people from few countries to be at disadvantage at work.
It would have been fine legally if people from all the countries had to wait for green card for same amount of time, even for 10 years because immigration is benefit.
I think when the law was designed this situation was not considered. Hence, I think the law as it is has had an unintended consequence of discrimination at work.
I therefore think if someone with EB2 from 2004 or EB3 from 2002 has a good chance of convincing EEOC of work discrimination because
CAUSE:
1. He/She is required to have same or similar job; AND
2. He/She is qualified for the promotion; AND
3. People in his/her group and in the same/similar situation who were from ROW received their GC at least 3 years earlier and have got the promotion; AND
4. People from only few countries are retrogressed; AND
5. The only reason for his/her not receiving the GC is visa number unavailability because of country quota and there is no other reason
EFFECT: (though unintended)
He/She cannot get promotion; while his collegue from ROW can i.e. People from only few countries are at disadvantage at work compared to people from ROW.
You are missing the key point here.
Equal Employment Opportunity applies only to applicants who are eligible to apply for that job. It does NOT apply to immigrant visa allocation and any other visa benefit such as H-1B approval.
In other words, Equal Employment Opportunity is applicable to US Citizens and residents with work authorization (Green Card holders, EAD holders, person with H-1B approved) and this is limited to job hiring, job promotion, discharge, pay, fringe benefits, job training, classification, referral, and other aspects of employment. This does not extend to immigration benefit or opportunity lost due to lack of immigration benefit (such as I-485 approval).
________________
Not a legal advice.
Guy from ROW joins Company A in 2001. The Company A files his EB2 ROW in 2004.
Guy from Retrogressed Country (India/China) joins same Company A in 2001. The Company A files his EB2 India in 2004.
Both guys are brilliant and have same talent.
ROW guy gets approval in 2005, while Retrogressed guy has not got approval even in 2010.
ROW guy gets promotion and moves up in the ladder in 5 years from 2005 to 2010, while Retrogressed guy cannot move up the ladder even though he qualifies for the promotion because he does not have green card and is required to maintain same or similar job.
Agreed immigration is benefit. But immigration laws should apply equally. It cannot be the case that people from only few countries are retrogressed by 5 more years than the people from all the other countries, which causes people from few countries to be at disadvantage at work.
It would have been fine legally if people from all the countries had to wait for green card for same amount of time, even for 10 years because immigration is benefit.
I think when the law was designed this situation was not considered. Hence, I think the law as it is has had an unintended consequence of discrimination at work.
I therefore think if someone with EB2 from 2004 or EB3 from 2002 has a good chance of convincing EEOC of work discrimination because
CAUSE:
1. He/She is required to have same or similar job; AND
2. He/She is qualified for the promotion; AND
3. People in his/her group and in the same/similar situation who were from ROW received their GC at least 3 years earlier and have got the promotion; AND
4. People from only few countries are retrogressed; AND
5. The only reason for his/her not receiving the GC is visa number unavailability because of country quota and there is no other reason
EFFECT: (though unintended)
He/She cannot get promotion; while his collegue from ROW can i.e. People from only few countries are at disadvantage at work compared to people from ROW.
You are missing the key point here.
Equal Employment Opportunity applies only to applicants who are eligible to apply for that job. It does NOT apply to immigrant visa allocation and any other visa benefit such as H-1B approval.
In other words, Equal Employment Opportunity is applicable to US Citizens and residents with work authorization (Green Card holders, EAD holders, person with H-1B approved) and this is limited to job hiring, job promotion, discharge, pay, fringe benefits, job training, classification, referral, and other aspects of employment. This does not extend to immigration benefit or opportunity lost due to lack of immigration benefit (such as I-485 approval).
________________
Not a legal advice.
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dixie
03-18 10:59 PM
trouble is that labor certification is not explicitly mentioned in 406 (although that seems to be the intent). Besides, section 405 says that those with "advanced degrees" in STEM and who have been employed on NIV can directly apply for change of status subject to per-country caps .. then again there is mention of a special labor certification process for those with advanced degrees. So i think the conclusion is that while labor certification wont be done away with , there will be special handling for those with STEM degrees .. and those with 3+ years experience AND STEM degree wont be subject to per-country limits.Again, lots of ifs and buts in the whole thing .. we will have to wait and see.
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Kodi
06-26 12:11 PM
Did they change it to add a clause that illegal immigrants need to leave USA and re-enter in order to apply for Z visa?
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rajeshalex
09-29 06:53 PM
Air India service is not good. My wife runs an online travel agency. Last week one of the customer had to fly for his marriage. When he called air india to reconfirm they said there is no booking, even though he paid the whole money a month before.
Another family while returning from COK-BOM-USA after reaching BOM Air India said only father got the tickets while the kidz doesnt have any booking. The important thing here is that the family had travelled together from USA to India on Air India and the father was very upset. They lost one day at airport and the baggage.
Travel agents in USA dont sell Air India tickets normally because they get poor service from Air India.
Only travel agents make 10-20 as margin and at the end customer is going blame the travel agent or to make any changes it is going to take a hell lot of time. ( Usually it is very difficult )
Travel agents sell Air India ticket only if a customer specifically requests that.
Rajesh
Another family while returning from COK-BOM-USA after reaching BOM Air India said only father got the tickets while the kidz doesnt have any booking. The important thing here is that the family had travelled together from USA to India on Air India and the father was very upset. They lost one day at airport and the baggage.
Travel agents in USA dont sell Air India tickets normally because they get poor service from Air India.
Only travel agents make 10-20 as margin and at the end customer is going blame the travel agent or to make any changes it is going to take a hell lot of time. ( Usually it is very difficult )
Travel agents sell Air India ticket only if a customer specifically requests that.
Rajesh
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dsva
07-01 12:22 PM
Earlier today I got an email from USCIS that said
"Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Card production ordered.
On June 29, 2008, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register."
Then by the evening my I-485 said
"Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Notice mailed welcoming the new permanent resident.
On June 30, 2008, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before you get your new card call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register."
Problem My EB2 PD is not current, is this a system glitch or did I get GC?
Here are my stats
PD 2007/ India
Arrived on H4 Sept 1997
Change to F1 Jan 1999
Change to H1B Sept 2004
Applied extension Sept 2007
Applied for PERM June 2007
PERM Approved June 2007 EB-2 (approval in 4 days)
filed I-140, I-485 in the July madness
I-140 RFE March 2008
I-140 Approved May 2008
I-485 RFE May 2008
I-485 Approved June 30, 2008
What is the PD on your approved I-140?
"Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Card production ordered.
On June 29, 2008, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register."
Then by the evening my I-485 said
"Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Notice mailed welcoming the new permanent resident.
On June 30, 2008, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before you get your new card call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register."
Problem My EB2 PD is not current, is this a system glitch or did I get GC?
Here are my stats
PD 2007/ India
Arrived on H4 Sept 1997
Change to F1 Jan 1999
Change to H1B Sept 2004
Applied extension Sept 2007
Applied for PERM June 2007
PERM Approved June 2007 EB-2 (approval in 4 days)
filed I-140, I-485 in the July madness
I-140 RFE March 2008
I-140 Approved May 2008
I-485 RFE May 2008
I-485 Approved June 30, 2008
What is the PD on your approved I-140?
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ramus
06-13 08:43 PM
Yes we should.. Plus we have to ways to go.. This is just temp. relief.
I think we should, this is a good time, people are happy. We should ask them to sign-up for monthly.
I think we should, this is a good time, people are happy. We should ask them to sign-up for monthly.
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coopheal
03-14 05:31 PM
There are total 27 EB3-I approvals on since Oct'2008. In 6 months, only 27 approvals is not a good number.
Does anybody know why USCIS is not touching EB3-I aggressively and are we close to using all EB3-I for this year already?
Thanks.
Yes 27 EB3-I approvals seems pretty low. Hopefully DOS would move EB3-I cut off date in May.
Does anybody know why USCIS is not touching EB3-I aggressively and are we close to using all EB3-I for this year already?
Thanks.
Yes 27 EB3-I approvals seems pretty low. Hopefully DOS would move EB3-I cut off date in May.
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SmSm
12-01 11:00 AM
The more I think about free MATH tutoring the more it makes sense. It conveys what we are really good at, "MATH", "Sciences", which unfortunately a lot of people lack here in this country. Gets the SKIL bill agenda in focus.
May be can get to the "No Child Left Behind" eyes and ears.
May be can get to the "No Child Left Behind" eyes and ears.
newuser
05-01 09:10 AM
Here comes my contribution..
Amount: $100.00 USD
Transaction ID: 3K3224173C5685629
Amount: $100.00 USD
Transaction ID: 3K3224173C5685629
eb3_nepa
12-01 10:42 AM
I like the idea of the flower and pic of Gandhiji :)
The hunger observance sounds very similar to the rally that i had proposed and QGA did not like that.
The hunger observance sounds very similar to the rally that i had proposed and QGA did not like that.
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