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  • purplehazea
    05-09 11:56 AM
    Diana,

    It makes sense to file concurrently only when PD is current. Otherwise it is like applying for your citizenship before getting your GC!

    In other words I do not understand why your lawyer wants you to file concurrently when your PD is not current. Just to collect his fees? Maybe. He is at least right aboout the fact that USCIS will do nothing with your I485 application unless your PD is current. So I would just wait till your PD is current. You can still file for your I140 and wait for that to get processed.

    Regards,
    PH

    I am not an attorney, so you will appreciate that any reliance is at your will.





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  • gtg506p
    01-09 08:55 AM
    I just contacted my senator's local office .working on the letters now .Thanks IV for coming up with this wonderful initiative..I hope our community gathers around and works together to make this a success , please put bickering and cynicism to rest for sometime and work pro actively on this new IV action item..

    Thanks IV. I think this is much easier for hundreds of people to participate as its easy, doesent take up too much time etc. and brings about our points across as compared to DC rally (please dont get me wrong here it was great but difficult for lot of people to attend because of various reasons). So I think we should spread out word about this as much as possible. Again, please dont get me wrong. Thank you.





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  • arihant
    02-24 03:54 PM
    Does anyone understand what is used to calculate the 3 year period for advanced degree olders?

    Is the end of the three year period considered when you applied for LC, or when you apply for 485/140? Since, technically, people who are pending at the BEC as well as those who are affected by retrogression are still on NIV, and have not applied for immigrant Visa yet.

    This point will have an impact on a lot of folks who may have applied for LC less than three years after getting their Degree but would have crossed that limit by the time they can apply for the immigrant Visa.





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  • nrk
    10-27 10:08 AM
    congrats caliguy



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  • BharatPremi
    09-24 05:17 PM
    Number 2) and hence number 3) are definitely wrong.
    As I mentioned in my other post, the categorisation for I,P,C,M and ROW is based on the fact that I,P,C,M are the only countries with demand exceeding the annual limit.
    ROW = All countries not hitting the 7%(or 9%) country limit. That doesn't mean they are capped at X/5. What would be the basis of that cap.
    Assuming USCIS acts like it is supposed to, follows all rules etc........They start using new numbers on Oct1st of the new FY with a fresh slate of 140k available.
    Now by law, they will first divide the cap into the 5 EB categories -EB1, EB2, EB3, EB4 and EB5. Now once they reach the 7%(or 9) cap in any of the categories, they will have to stop assigning numbers for that country. So for EB3, once they reach the 7 or 9% quota for I,C,M,P - they will need to stop. The rest of the countries(ROW) will get the 100 - (7 x 4) = 72% of the quota. This could be divied up between UK, France, Pak, Germany etc etc. As none of them are going over the 7%, the country cap doesn't affect them. But Since there are a lot of apps under EB3-ROW, there's never any number to spill over to the capped countries.
    In case of EB2, only 2 countries hit the cap - India and China. In this case even P and M are part of ROW. But since the apps from ROW is less than the remaining quota of (100 - 7 x 2)% of the EB2 quota, the remaining will be spilled over. The spillover rules will determine who these go to.
    The way the current spillover rules stand, your final calculations will still hold true for EB2 due to the spillover ultimately remaining the same to EB2. But not for EB3.

    This is not the correct understanding. I know this myth is propogated millions of times in millions of board and so now this myth has become "truth" for millions. But that is not the correct way USCIS does things.

    Country specific limit - 9% does NOT have any realtion to "assigning numbers". it is just meant to "approve 485 - mail you a real physical green card".

    In ROW cataegory other countries are also bound with this 9 (7 + 2) % limit for Visa granting. For an example - For Pakistan USCIS will never grant more than 9% visa per year no matter how many applications from Pakistan have been assigned a valid visa number. Same will go true for Britain or any "other" country.

    In reality How USCIS divide 28.6% among countires - That is unknown mystery and nobody surely know that. And that is why I had to assume "equal shares - 5 part" in my analysis assuming USCIS works fairly but we all know that is a bullshit too :)





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  • TNMan
    05-09 10:49 PM
    Maybe we can use the H-1 B reform bill, to recapture unused visas during the last many years. Make H-1 B tough but at the same time, release those green card numbers. Carrot and Stick approach.

    You are correct.

    Reform H1-B

    1)Make H1-B independent of employer. THis way all these PIMPS (desi consulting companies) don't exploit us.

    2)Make Green card independent of employer. Give green card if your period of employement in US is > some years (UK style)

    3)Make H1-B processing times to mere days and make it stricter where in genunire companies apply (not desi dalals or shitholes like infosys,tcs,wipro, satyam)

    3)THe above thing is most improtant since it gives H1-B to genuinine companies or not some fake expeirence guy sitting in a famous city in India

    4)Please really scrutinise L1s. They are the one who are responsible for lower salaries and taking the jobs away from USA to India.



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  • chanduv23
    11-04 10:22 AM
    Lets this stay on top





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  • prinive
    07-09 08:47 PM
    Did some one ask how come Mr.Emilio Gonzalez comes to know about this? here he comes. He broke the silent. Ok guys i guess now you got it.

    Thanks Mr.Emilio Gonzalez to acknowledge this effort in USCIS website. We really appreciate that.




    Hello all
    I am a silent visitor of this website.
    Just my 2 cents... Don't think USA is like India where you can do something forcefully. Why don't you guys understand the real problem of USCIS.
    Do you think that by sending flower to USCIS will force them to make EB2/EB3 current for 2005/2006/2007 guys??

    Please try to understand their problem.
    Also India is the great. Why don't you guys just think that India is your home country where you are born and brought up. Why you people can't just wait and watch?? If nothing happens to the so called GC, then why don't you think to pack up and go back to India???????

    My sincere request, please don't do rally, you might be arrested......you never know what they can do..... Don't you think that, it is better to go back to India rather than being embarrassed here in US???

    Isn't it a shame on us to go for Rally to get GC?????:D

    Just think that you will get it when time comes, otherwise pack up.

    Please don't take much tension as life is very short. I am assuring you all, nothing will happen with law suit and flower campaign.Don't irritate USCIS by doing all this please.

    EB2 India
    PD-2005-May
    I140 approved-Sept 2006



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  • SunnySurya
    08-07 06:17 AM
    Notes:
    If you already have applied in EB2 you won't be affected.
    If you have a Masters you won't be affected.
    SunnySurya, Flood,

    I see that you guys didnt join IV until 2008. So, you know very less about this org. The people who only can think for their own wont come to join you at any stage, it was proven many times. They will just keep writing messages here and use valuable information on the forum.

    I am EB2/Masters/PD Nov 2004. I do not not support your idea. I loose patience at times, but not to the extent of effecting other peoples chances. I know quite a few of my freinds who had masters, their corporate employers applied in EB3, none of them are trying to do conversion. But, i feel their pain.





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  • ek_bechara
    08-07 02:37 AM
    North Indian/ South Indian, Marathi/Bihari, ABCD/FOB and now US educated EB2 Indians / others. How far are we going to go to showcase our differences?

    My friend: We are one people. We all came to the US with similar dreams. There are many who came before us and are patiently waiting their turn. The issue is not yours or mine, its OURS. It is our duty to fight this injustice and provide equal access to all. Learn a lesson from the jewish community. They pretty much run this country.

    I'm EB2/ Masters from US school and in my seventh year H1-B.



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  • rajsat
    10-02 12:56 PM
    Hello rajsat,

    By September 28 all the Visas are exhausted(2009 Quota). Please see the thread "September Visa Approvals". Infact some one was saying USCIS stopped issuing GC for the last week as they have used all visas. That may be the case they would have withdrawn approved GC

    But try all the possibilities like SR, Infopass, Congressman, etc and let the local office be aware of Oct Visa bulletin and now are current and visas are available.

    Best of luck

    Thank You! I think I need all the luck in the world.





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  • abqguy
    09-09 04:13 PM
    Called the below Reps. I learnt that Rep. Anthony D Weiner and Rep. Hank Johnson are supporting this bill.

    Tammy Baldwin (D-Wis.) 202- 225-2906
    Howard L. Berman (D-Calif.) 202-225-4695
    Rick Boucher (D-Va.) 202-225-3861
    Chris Cannon (R-Utah)202- 225-7751
    Steve Chabot (R-Ohio) 202-225-2216
    Howard Coble (R-N.C.) 202-225-3065
    Steve Cohen (D-Tenn.)202- 225-3265
    John Conyers (D-Mich.), Chairman 202-225-5126
    William D. Delahunt (D-Mass.)202- 225-3111
    Keith Ellison (D-Minn.) 202-225-4755
    Tom Feeney (R-Fla.) 202-225-2706
    J. Randy Forbes (R-Va.)202- 225-6365
    Trent Franks (R-Ariz.)202- 225-4576
    Elton Gallegly (R-Calif.)202- 225-5811
    Louie Gohmert (R-Texas) 202-225-3035
    Bob Goodlatte (R-Va.)202- 225-5431
    Luis Gutierrez (D-Ill.)202- 225-8203
    Darrell Issa (R-Calif.)202- 225-3906
    Sheila Jackson-Lee (D-Texas)202- 225-3816
    Hank Johnson (D-Ga.) 202-225-1605
    Jim Jordan (R-Ohio) 202-225-2676
    Ric Keller (R-Fla.)202- 225-2176
    Steve King (R-Iowa)202- 225-4426
    Dan Lungren (R-Calif.)202- 225-5716
    Mike Pence (R-Ind.) 202-225-3021
    Adam B. Schiff (D-Calif.)202- 225-4176
    Robert C. Scott (D-Va.) 202-225-4176
    Brad Sherman (D-Calif.) 202-225-5911
    Lamar S. Smith (R-Texas), Ranking Member 202- 225-4236
    Betty Sutton (D-Ohio) 202-225-3401
    Debbie Wasserman Schultz (D-Fla.) 202-225-7931
    Maxine Waters (D-Calif.) 202-225-2201
    Anthony D. Weiner (D-N.Y.) 202-225-6616
    Robert Wexler (D-Fla.) 202-225-3001

    Co-sponsors : (did not call)
    Zoe Lofgren (D-Calif.)202- 225-3072
    Artur Davis (D-Ala.) 202-225-2665
    Jerrold Nadler (D-N.Y.) 202-225-5635
    Linda Sanchez (D-Calif.) 202-225-6676
    Jim Sensenbrenner (R-Wis.) 202-225-5101
    Melvin L. Watt (D-N.C.)202- 225-1510



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  • meridiani.planum
    11-26 02:53 AM
    What they did on Wall Street was short selling of stocks. This is nothing to do with real estate. Short selling of real estate is a way for Lenders to get the marlet value of the property instead of foreclosing it for no value at all. This is something which is approved by the lenders based on the market. Nothing illegal in it.

    nope, the current crash has NOTHING to do with short selling either of stocks of real estate..
    Look up "derivatives" and CDOs, thats the root cause of all these problems. See http://en.wikipedia.org/wiki/Stock_market_crash#The_Crash_of_2008 and also articles by Rubini on this issue.





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  • senthil1
    04-24 02:57 PM
    Big companies like TCS cannot split or start another company as everything is associated with Brand name and other stock market regulations. They will be forced to hire citizens/GC holders with H1bs if this bill is passed in same form. USCIS will take care of small Indian bodyshoppers by RFE and asking client letters etc if they start multiple companies. Of course there will be loopholes our Indian companies will find in any law but still it will clean up H1b and L1 atleast for some extent.

    They refer to ads on Sulekha and other similar portals

    On another note - consulting companies will workaround by creating multiple companies and applying h1b through various companies



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  • chanduv23
    03-24 10:47 AM
    Your response would depend on how badly you want this job.

    Most times the hiring staff doesn't know the law and are too lazy. Anything out of the ordinary, they just reject.

    If you want the job, you don't want to appear like a trouble maker. So, you could just write back politely that you were surprised by the disqualification since the Department of Homeland Security (do not write USCIS) had issued the EAD and enquire if they know that DHS guides employers against discrimination towards EAD holders. You can mention or attach form I-9.

    Alternatively if you want to hold their feet to the fire, you can contact a lawyer. Hiring a lawyer should get their attention. Let the lawyer contact them. And also let DHS know about this employer. Write to them.

    In any case, we cannot let employers come up with their own laws after we have gone through so much to get to the EAD stage. The law is the law and we are following it.

    Do we have direct online link to this information?





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  • indigo10
    04-05 06:01 PM
    Good that they are not waiting until July bulletin, like what they did for the past few years !!!
    anybody knows why ?



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  • trueguy
    08-21 11:44 AM
    There are laws and there are exceptions. Basically there are no Laws when it comes to Immigration. USCIS/DOS can do whatever they like.

    Look at Jul'2007, people with EB3 PD of 2004 got approved and people with 2001 are still waiting.

    Look at EB2 approvals these days. People with 2006 PD are getting approved and people with 2004 PD are still waiting.

    Can somebody explain how PD in each VB goes backward? Is it possible to get new applications with older PD in between? Don't they have computers with all the data where they can see how many applications are pending?

    Howcome they were giving unused numbers to EB3 till last year and how come they changed the interpretation this year. The rule didn't change, they simply changed their interpretation of it.

    If EB3 would have known about this new interpretation then they would have never applied in EB3 category.

    Bottomline is there are no rules. USCIS/DOS is doing whatever they like and playing with our life. Nobody knows how many applications are pending. Nobody can predict the VB movement, it goes forward and backward. We cann't plan our lives and live in limbo all the time.





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  • alias
    08-07 11:13 AM
    Yes, that is the part of the problem

    Dude, if that is your problem you should be in EB10, you can't even perform your job well and therefore should be under least desired category...





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  • grupak
    03-24 05:21 PM
    The OP could try contacting the manager of the HR regarding the EAD thing before getting lawyered up. Clearly the policy, doubt there is one, violates whats stated on I-9. You are not asking CapitolOne for any sponsoring of GC. What if you are a derivative holding an EAD? Did they know that when they decided to quote this "policy" of theirs? Doubtful.





    rams75
    08-17 11:32 AM
    Thanks Rams75 so I guess I need to get an INFOPASS to get the I-155 stamp on passport?

    Yes, infopass will get you the stamp.





    sotaz
    01-24 04:07 PM
    Flying through Asian Countires is not an option for people residing in East Coast. I am travelling to India in the next week Via Amsterdam. I am told by the consulate that we do not need Transit Visas. My H1B Visa is expired and I am travelling on AP. Did any one hear differently?

    Thanks
    Thats correct - they don't need transit visas - I did in mid-Dec, 2007 - absolutely no hassle. Also, I find Schipol one of the most pleasant airports in Europe (barring Munich).



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