MD_123
04-10 12:39 PM
Latina:
I belive your second point is not entirely accurate. My understanding is with the hard quota, any EB-1 and EB-2 unused visas from ROW will flow down to EB-3 ROW which is also severely retrogressed. Only when EB-3 ROW becomes current will the unused visas go to unskilled workers. Therefore, the hard quota will benefit ROW mainly at the expense of India/China EB-1 and 2.
IV team, if I'm wrong about this, please correct me.
The request for the hard cap conversion to soft cap DOES NOT CANNIBALIZE non-Indians/non-Chinese. You are missing a key point here.
What the hard cap does is that say for example in the EB2 category the Indians and Chinese use up their quota. On the other hand the rest of the world uses only 50% of their quota (about 10K EB2 visas leftover, just a guesstimate).
1) With the soft quota, this leftover is given to the over subscribed countries in the SAME CATEGORY (Eb2). As a result, other EB2 candidates from India/China benefit
2) With the hard quota, this 10K now goes to UNSKILLED immigrants.
This amendment DOES NOT TAKE AWAY anything from the rest of the world at all! All it does is benefit SKILLED workers. Isn't IV about skilled workers? Why are some folks whose quota will NOT be CANNIBALIZED against this and consider this an issue of Indians/Chinese Vs Rest is beyond me. It is a matter of EB1 vs unskilled, EB2 vs unskilled and EB3 vs unskilled!
Can I be any clearer?
I belive your second point is not entirely accurate. My understanding is with the hard quota, any EB-1 and EB-2 unused visas from ROW will flow down to EB-3 ROW which is also severely retrogressed. Only when EB-3 ROW becomes current will the unused visas go to unskilled workers. Therefore, the hard quota will benefit ROW mainly at the expense of India/China EB-1 and 2.
IV team, if I'm wrong about this, please correct me.
The request for the hard cap conversion to soft cap DOES NOT CANNIBALIZE non-Indians/non-Chinese. You are missing a key point here.
What the hard cap does is that say for example in the EB2 category the Indians and Chinese use up their quota. On the other hand the rest of the world uses only 50% of their quota (about 10K EB2 visas leftover, just a guesstimate).
1) With the soft quota, this leftover is given to the over subscribed countries in the SAME CATEGORY (Eb2). As a result, other EB2 candidates from India/China benefit
2) With the hard quota, this 10K now goes to UNSKILLED immigrants.
This amendment DOES NOT TAKE AWAY anything from the rest of the world at all! All it does is benefit SKILLED workers. Isn't IV about skilled workers? Why are some folks whose quota will NOT be CANNIBALIZED against this and consider this an issue of Indians/Chinese Vs Rest is beyond me. It is a matter of EB1 vs unskilled, EB2 vs unskilled and EB3 vs unskilled!
Can I be any clearer?
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dtekkedil
07-05 08:47 AM
Can we use this or portions of this text for our mails to the media on the "Send flowers Drive"?
I would suggest changing the last point as so -
(2)Ensure and request USCIS not to reject our immigrant visa petitions filed in July and provide us interim benefits of a pending immigrant visa petition. We make this sincere request on this Independence Day with the hope that people who played by the rules will not be punished.
It doesn't matter if we are not rewarded as long as we are not punished!
I would suggest changing the last point as so -
(2)Ensure and request USCIS not to reject our immigrant visa petitions filed in July and provide us interim benefits of a pending immigrant visa petition. We make this sincere request on this Independence Day with the hope that people who played by the rules will not be punished.
It doesn't matter if we are not rewarded as long as we are not punished!
chanduv23
10-19 09:25 AM
I have been through this situation and now work for consulting company. Actually I got layed off without notice in 6th year of my h1b with Labor pending in backlog. I had no resources, tools and no one gave me any consultations, everyone told me "go find another job". In 20 days I found myself a 6 month contract assignment and had a consulting company transfer my h1b and they also applied for my 7th year extension based on pending labor from my layed off company. I went for stamping at Chennai and was through, applied for GC through EB2 PERM and got my 140 approved also and now I just got used to consulting and this is my 3rd contract position with the same company and I earn 50% more than what I was earning 5 years on my fulltime job. Now that I got used to consulting, I would want to think twice if I have to get a fulltime job offer on h1b. Everything is so customozable in a good consulting company , like moving charges, allowances, expenses, traavel expenses, can be worked out in good faith.
In general, there is an unofficial grace period of atleast a month, stretchable to 2 months based on case to case and worst comes, if a job hunt exceeds 2 months, then your new job, they may give you a h1b approval but you have to get it stamped immediately as they wont attach an i 94 with it, I have seen this happen to people.
In your case, as you already have an approved 140, you have to smartly get copies of all your documents and look for a genuine consulting company, get letterheads and keep contacts with some good friends and have them give you an experience letter and move on. You can get 3 years transfer and also retain your PD. If you qualify for eb2 in new company, then you can port eb3 PD while you take advantage of eb2 movement.
Good luck
In general, there is an unofficial grace period of atleast a month, stretchable to 2 months based on case to case and worst comes, if a job hunt exceeds 2 months, then your new job, they may give you a h1b approval but you have to get it stamped immediately as they wont attach an i 94 with it, I have seen this happen to people.
In your case, as you already have an approved 140, you have to smartly get copies of all your documents and look for a genuine consulting company, get letterheads and keep contacts with some good friends and have them give you an experience letter and move on. You can get 3 years transfer and also retain your PD. If you qualify for eb2 in new company, then you can port eb3 PD while you take advantage of eb2 movement.
Good luck
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hetuweb
08-23 08:44 PM
Yes, Everyone Will Get Fp Notices.:)
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styrum
05-29 12:24 PM
We all know why! America decided it's smarter than anybody else: "Hey, let's let new people into the country and then exploit them for as long as possible! Well, we gotta give them some hope that that some day they would have the same rights as everybody else, but who said we need to keep the promise? There are so many ways not to: overcomplicated "process", quotas on Green Cards, processing delays, no fixed, mandatory processing times, etc." Once you realize the main goal of the immigration policy - to create permanent underclasses whom America can discriminate and exploit, everything that happened in the immigration history of USA, especially recently, becomes very logical. Unfortunately, it's a long time tradition in US to exploit and discriminate "recent" immigrants. Remember "No Irish need to apply"? How about the Chinese workers who built the transcontinental railroad and then were lynched and Chinese were effectively banned from immigrating to US for the next 70 years (see shusterman.com for more historic examples).
akred
06-17 05:11 PM
Here is one of my friend in the similar situation planning to do. He is filing 485 without any medical exam. Certainly, he is going to get query and after query you have 40 days (double check this number) to reply. So, he'll get some time to go and do wife hunting.
Medical exam is considered part of "intial evidence" for the I485. If your friend files without the medical report, his application will be rejected without an RFE.
Medical exam is considered part of "intial evidence" for the I485. If your friend files without the medical report, his application will be rejected without an RFE.
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raj2fly4
07-12 08:58 PM
According to my employer, he is going to the Senators office tomorrow to talk to them regarding my case. Got an appointment some time this week to see them on Friday. I dont know how far this is true. They already wrote a letter to them 2 weeks back. This is what my employer says. But I dont know whether he actually contacted them or not. He said he will give me further info on monday. I have to wait and see what he comes up with ( truth or some other new story) on Monday. Then I might decide to move on to a diff employer if nothing works out.
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another one
07-18 02:56 PM
but this is a wish list..IV has some clearly defined actions
Lets figure out the next course of Action for IV in the best interests of its members. Let's itemize each one of them and propose possible solutions. This thread is not for question / answers about individual situations but broad GC issues to be resolved by Govt/Congress/USCIS/DHS/DOL by way of proposing bills/acts/resolutions/amendments. IV must have done this but I didn't see an easy way of getting it.
First we could categorize them into different buckets such as that IV did for the forums. Just made up some to give an example. Some gurus on IV can suggest a better categorizing
Ex:
1) Labor
a) Allow one to get promoted instead fixing to of a fixed job position in the labor advt.
2) I-140
a) Allow One to file for two I-140's
b) Have freedom to change employer when I-140 is pending
Lets figure out the next course of Action for IV in the best interests of its members. Let's itemize each one of them and propose possible solutions. This thread is not for question / answers about individual situations but broad GC issues to be resolved by Govt/Congress/USCIS/DHS/DOL by way of proposing bills/acts/resolutions/amendments. IV must have done this but I didn't see an easy way of getting it.
First we could categorize them into different buckets such as that IV did for the forums. Just made up some to give an example. Some gurus on IV can suggest a better categorizing
Ex:
1) Labor
a) Allow one to get promoted instead fixing to of a fixed job position in the labor advt.
2) I-140
a) Allow One to file for two I-140's
b) Have freedom to change employer when I-140 is pending
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genscn
01-24 04:03 PM
Send school the copy of EAD and I-485 for her and that should be it. After that, they can report to whoever they want (ofcourse they won't because there is nothing to report since your wife can continue with the school on EAD without registering for cradit hours)
I need urgent advice from you. As you know my wife is on F1 visa and completed most of her credit hours needed by school. She has get only 1 credit hr to complete the course. However, that�s below 9 hr full time student status. She has been asked to register for additional 8 hrs..and pay tuition fee accordingly ( > 8K). Which I think is unreasonable. They told her that if she doesn�t register by tomorrow they have to report it to INS. She told them that she has EAD..there answer doesn�t matter in order to remain in school and F1 visa she has to register.
My questions is:
1) Can she continue working on her Thesis on her EAD and AP ?
2) What will happen to her f1 if she use EAD
In response to these questions my Lawyer said
1.) yes, she can continue to be a student as an adjustment applicant � she can work using the EAD and travel using the AP.
2) she is basically no longer an F-1 because she has demonstrated immigrant intent by filing the adjustment. Which is fine � she has valid legal status as an adjustment applicant and can work with the EAD and travel with the AP.
What do pro�s think..:)
I need urgent advice from you. As you know my wife is on F1 visa and completed most of her credit hours needed by school. She has get only 1 credit hr to complete the course. However, that�s below 9 hr full time student status. She has been asked to register for additional 8 hrs..and pay tuition fee accordingly ( > 8K). Which I think is unreasonable. They told her that if she doesn�t register by tomorrow they have to report it to INS. She told them that she has EAD..there answer doesn�t matter in order to remain in school and F1 visa she has to register.
My questions is:
1) Can she continue working on her Thesis on her EAD and AP ?
2) What will happen to her f1 if she use EAD
In response to these questions my Lawyer said
1.) yes, she can continue to be a student as an adjustment applicant � she can work using the EAD and travel using the AP.
2) she is basically no longer an F-1 because she has demonstrated immigrant intent by filing the adjustment. Which is fine � she has valid legal status as an adjustment applicant and can work with the EAD and travel with the AP.
What do pro�s think..:)
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yabadaba
10-19 08:07 AM
India stats
Perm 03/28/2005 and 1/1/2006 - 7290
China stats
Perm 03/28/2005 and 1/1/2006 - 2627
ROW stats
Perm 03/28/2005 and 1/1/2006 - 19063
Perm 03/28/2005 and 1/1/2006 - 7290
China stats
Perm 03/28/2005 and 1/1/2006 - 2627
ROW stats
Perm 03/28/2005 and 1/1/2006 - 19063
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dwhuser
10-02 12:07 PM
Right now we don't have any savings, paid off the car as of Oct 30th. I was trying to figure about the money which we are going to save from here on...I will take all your advice, sounds so logical and keep the emergency fund for 6 months aside.
Coming to the city we live, it's a small place in Florida and not many employment opputunities for techie people. Like I said I am working for state while my spouse is consulting and travels every week (can't find a job in his area). We never imagined a management change leading to a risky and frustrating job situation, making us to repent our buying a house. Because the moment I stop impressing this new boss, we are out. Huh...I don't want to imagine that, because we will be left with a house we can't sell or rent (don't know if some one would want to rent it) and have to move.
Thanks all for your time and advice. Let's keep it coming...
Coming to the city we live, it's a small place in Florida and not many employment opputunities for techie people. Like I said I am working for state while my spouse is consulting and travels every week (can't find a job in his area). We never imagined a management change leading to a risky and frustrating job situation, making us to repent our buying a house. Because the moment I stop impressing this new boss, we are out. Huh...I don't want to imagine that, because we will be left with a house we can't sell or rent (don't know if some one would want to rent it) and have to move.
Thanks all for your time and advice. Let's keep it coming...
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checklaw
04-01 12:10 AM
Done
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logiclife
12-11 01:23 PM
It makes no difference whether they allow concurrent filing of 140/485 or not IF YOUR EMPLOYER IS WILLING to pay extra premium processing for 140. IF not , it makes minimal difference (2-3 months delay). Earlier this year, people were getting 140 approved on 6-8 weeks on average without premium fee.
If your date is not current:
This rule makes 0 difference. File 140 and wait for approval while your date moves forward. Once its current, file 485. So everyone who is retrogressed, this rule makes no difference to you 485 filing and getting EAD/AP.
If your date is current: File 140, regular processing 2-3 months and then file 485. If you can get premium processing done then it would be 15 days and then file 485. Either ways, you are delay in filing 485 by 2-3 months. In the grand scheme of things, its negligible. It would take even 2 months for your lawyer to get the paperwork straight for filing 485.
So please relax, this new rule that does not allow concurrent filing of 485 and 140 is not earth-shattering. Its a revenue generation move. And its good as long as revenue stays in USCIS as they do need revenue to hire more people to process files faster, which is in our own benefit. The only problem we have is the rise in fees generates revenue which often times does not stay with USCIS and goes away to other agencies of DHS(I think, this was mentioned in CIS Ombudsman report, if I am not wrong).
If your date is not current:
This rule makes 0 difference. File 140 and wait for approval while your date moves forward. Once its current, file 485. So everyone who is retrogressed, this rule makes no difference to you 485 filing and getting EAD/AP.
If your date is current: File 140, regular processing 2-3 months and then file 485. If you can get premium processing done then it would be 15 days and then file 485. Either ways, you are delay in filing 485 by 2-3 months. In the grand scheme of things, its negligible. It would take even 2 months for your lawyer to get the paperwork straight for filing 485.
So please relax, this new rule that does not allow concurrent filing of 485 and 140 is not earth-shattering. Its a revenue generation move. And its good as long as revenue stays in USCIS as they do need revenue to hire more people to process files faster, which is in our own benefit. The only problem we have is the rise in fees generates revenue which often times does not stay with USCIS and goes away to other agencies of DHS(I think, this was mentioned in CIS Ombudsman report, if I am not wrong).
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permfiling
11-22 08:21 AM
Ideally I support removing the country quota and allow ppl based on skill and education. Speed up applications filed in all categories. When education is being considered. there should be proper checks in place such as folks getting degrees from accredited univ not online univ degrees etc.
Everyone had got their GC's based on the existing choices let it be in eb1, eb2 & eb3 etc. If ppl see that US master's has edge over non US masters then ppl will strive to get that degree.
Everyone had got their GC's based on the existing choices let it be in eb1, eb2 & eb3 etc. If ppl see that US master's has edge over non US masters then ppl will strive to get that degree.
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aguy
08-03 04:12 PM
how is it determined how long the EAD will be renewed for? If there are no fees associated with filing the renewal, then it probably doesn't matter.
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beppenyc
09-18 08:17 PM
Did you get an answer to this ? I am planning to move to Connecticut and will be working in New York City, thus wanted to know if you got an answer to this question.
NYC is pretty easy, you have to shown your passaport and you get your ID or Licensing driver application. Thank god, but what a mess! I am wondering if we are still welcome in this country, i don`t know any more....
NYC is pretty easy, you have to shown your passaport and you get your ID or Licensing driver application. Thank god, but what a mess! I am wondering if we are still welcome in this country, i don`t know any more....
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sumitmathur
08-21 02:02 PM
I called USCIS regarding this issue. Representative mentioned that once u have GC, it is your choice if you want to change jobs. There is no rule stating that you have to stick to your employer who sponsered GC for any period of time. He also mentioned that changing job after getting GC does not affect citizenship application.
BTW, I got my GC on 08/08/08.
BTW, I got my GC on 08/08/08.
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meridiani.planum
04-03 02:13 PM
can someone explain it again in simpler terms ..does the above mean that if a 485 is pending then that person is not out of status (or unlawful presence) till a decision is made on the pending 485 ?
if you re-enter the US on an AP, they give you an I-94 with teh same date of expiry as your AP expiry (within 1 year). AILA was wondering if USCIS could come out with a memo clarifying that essentially that I-94 has no meaning, if you are in the US after it expires, you are still within status (because you have a 485 pending, and that gives you status until the decision is made on it)
if you re-enter the US on an AP, they give you an I-94 with teh same date of expiry as your AP expiry (within 1 year). AILA was wondering if USCIS could come out with a memo clarifying that essentially that I-94 has no meaning, if you are in the US after it expires, you are still within status (because you have a 485 pending, and that gives you status until the decision is made on it)
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shantanup
05-06 08:58 AM
Long time ago when I inquired at the University of Houston, they said that any person who has lived in Texas for more than a year will be considered as an in-state student. Bear in mind that this was some time in 2001-2002.
Jai_MD
11-21 05:12 PM
Bigboy please gets your facts corrected: and read the definition of GC through Job posted at USCIS website below:
"If you want to apply for a green card (permanent residence) based on the fact that you have a permanent employment opportunity in the United States, or if you are an employer that wants to sponsor someone for a green card based on permanent employment in the United States, you must go through the following processes"
We all know how permanent jobs are here :) It's just the way the immigration law has interpreted it.
His point was more in support to legal-Skilled immigrants that create value for US of A ;)
"If you want to apply for a green card (permanent residence) based on the fact that you have a permanent employment opportunity in the United States, or if you are an employer that wants to sponsor someone for a green card based on permanent employment in the United States, you must go through the following processes"
We all know how permanent jobs are here :) It's just the way the immigration law has interpreted it.
His point was more in support to legal-Skilled immigrants that create value for US of A ;)
Biking
06-04 12:03 PM
Narrow-minded, selfish people like yourself took advantage of July 07 disaster and got your EAD when your PD viz EB3 Dec 2005 was NOWHERE CLOSE TO BEING CURRENT!
And now you think people who ported their dates are abusing the system! Yeah right...
Why don't you surrender your EAD first before shooting off your mouth?:mad: If you have so much sense of what's fair and what's not, don't just talk about it. Prove it.
Well said.
And now you think people who ported their dates are abusing the system! Yeah right...
Why don't you surrender your EAD first before shooting off your mouth?:mad: If you have so much sense of what's fair and what's not, don't just talk about it. Prove it.
Well said.
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