lazycis
02-12 05:07 PM
It's not possible to achieve this without changing the INA.
It's a legal requirement that an immigrant visa is immediately available to an applicant at the time AOS application is filed.
http://www.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001255----000-.html
It's a legal requirement that an immigrant visa is immediately available to an applicant at the time AOS application is filed.
http://www.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001255----000-.html
wallpaper Michelle Jenner Xti
amitjoey
02-08 03:40 PM
chitta123, do not panic. You are in a better situation overall. Find an employer willing to sponsor your H1 and greencard. Start H1 Process (transfer). You will get a new H1- with date of April 2008. Start working as soon as you get a receipt date.
Also start new perm-labor with new employer. apply I-140 with and ask to retain old PD date from employer A -I-140 (Old employer). Since Employer A has laid you off (guessing that they were out of work for you), they cannot and will not benefit from revoking the I-140. Since they cannot use it to hire any other foreigner, since they just layed off.
There might be some other easy way you can do this. Please do not take my views as legal advice. Consult a lawyer (good one) immediately.
Also start new perm-labor with new employer. apply I-140 with and ask to retain old PD date from employer A -I-140 (Old employer). Since Employer A has laid you off (guessing that they were out of work for you), they cannot and will not benefit from revoking the I-140. Since they cannot use it to hire any other foreigner, since they just layed off.
There might be some other easy way you can do this. Please do not take my views as legal advice. Consult a lawyer (good one) immediately.
amitjoey
05-25 11:51 AM
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2011 Hoy, Michelle Jenner, una de
thomachan72
06-09 02:51 PM
Because most of the people here have smoked a weed called CIR and are halucinating. This bill is digging our grave, people wake up and stop day dreaming, please start opposing this bill no cir period.
Now Pitha, imagining you are fighting an oponent more powerful than you, when will you try to throw some blows? when the oponent is down on the ground crying for help, right? when somebody else has brought it down. Thats just what has heppened to the CIR, we all hated this in the form it was presented and now the big bully is down, face in mud. Now the core / our members should get on top and give as many blows as possible so that when it rises again it has a better face.
Now Pitha, imagining you are fighting an oponent more powerful than you, when will you try to throw some blows? when the oponent is down on the ground crying for help, right? when somebody else has brought it down. Thats just what has heppened to the CIR, we all hated this in the form it was presented and now the big bully is down, face in mud. Now the core / our members should get on top and give as many blows as possible so that when it rises again it has a better face.
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franklin
09-25 03:23 PM
Most countries do not have 9,800 EB applicants every year - in fact, most countries use well under 1,000.
The total number of applicants from other countries can be derived from roughly estimating number if H1 holders, adjusting for Indians and Chinese, and then dividing by 2 (50% of H1Bs never end up getting a green card), and then multiplying by 2 to adjust for derivatives. The bottom line - there are visas available in EB2 ROW and EB1 categories (which are current, meaning, undersubscribed), that are getting redistributed to EB3 ROW. This is why EB3 in total is using more than its share of 140,000 EBs. In fact, I believe the dates will be moving pretty fast on EB3 ROW, it will probably get all current in a couple of years.
Yes, I understand that most countries use nowhere near 9800 per year - its was a hypothetical answer in response to the OPs question.
I still think your estimation that EB3 ROW becoming current in 2 years is on the optimistic side - especially with no change in legislation.
The total number of applicants from other countries can be derived from roughly estimating number if H1 holders, adjusting for Indians and Chinese, and then dividing by 2 (50% of H1Bs never end up getting a green card), and then multiplying by 2 to adjust for derivatives. The bottom line - there are visas available in EB2 ROW and EB1 categories (which are current, meaning, undersubscribed), that are getting redistributed to EB3 ROW. This is why EB3 in total is using more than its share of 140,000 EBs. In fact, I believe the dates will be moving pretty fast on EB3 ROW, it will probably get all current in a couple of years.
Yes, I understand that most countries use nowhere near 9800 per year - its was a hypothetical answer in response to the OPs question.
I still think your estimation that EB3 ROW becoming current in 2 years is on the optimistic side - especially with no change in legislation.
anilnag
05-24 10:51 PM
Transaction ID: 3P132310XR364600Y
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leoindiano
03-05 09:28 AM
May be for 5000$, we need to ask, Run the analysis quarterly and send the details. Since, the query/program is written already, how big a deal it is to run and publish it.
I am in for contribution.
I am in for contribution.
2010 Michelle Jenner Xti
thomachan72
07-21 08:54 AM
I really can understand how you and the thousands like you feel. Let me however point out something. All those who got to file the 485 now have just put their name in the que. When you join the que by filing 485 you will move much ahead of most. Having said this, I still feel that this is not a proper way that USCiS should be handling cases and we should send a strong message that when there are cases to be dealt with they shouldn't be ignored and over run. I am not affected by this situation and am neither a beneficiary of this July bulletin, but very very strongly support your point. Please consult with IV leaders and get their opinion on this issue. They have been fighting for all our issues and I am sure they will have a plan of action to deal with this too. Wishing you all the best and hoping all our members support you. ONLY A CRYING BABY GETS MILK. thats how this world works.
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mohican
01-13 05:42 PM
prince charming--we should talk. let me know if you are still in the mess--i am still
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akhilmahajan
02-25 11:21 PM
with the help of MA volunteers, was able to collect 27 more letters.
Mailed to the president today, and will be mailing IV soon.
GO IV GO.
TOGEHTER WE CAN.
Mailed to the president today, and will be mailing IV soon.
GO IV GO.
TOGEHTER WE CAN.
more...
Appu
03-17 10:09 PM
Appu, what abt labor cert? Does this advanced degree-holder still have to go thru labor cert? If yes, then the person with advanced degree but no experience has no advantage.
Yeah, that's the tricky part. I think all professions that require advanced
degrees in STEM have been classified (by Section 406) as Schedule A.
Which means you file ETA form 9089 directly to USCIS NOT to the DOL.
That's the "special labor certification" that the Specter mark-up refers to.
The PACE act doesn't have this provision - it excludes future F4 visa graduates from labor certification but says nothing about the current advanced degree holders. Frist's bill seems to exempt all those with advanced degrees and are employed in their field of expertise from going to the DOL for certification. Plus, if you have been employed for 3 years or more, then the quota doesn't apply and you get a visa number right away.
Yeah, that's the tricky part. I think all professions that require advanced
degrees in STEM have been classified (by Section 406) as Schedule A.
Which means you file ETA form 9089 directly to USCIS NOT to the DOL.
That's the "special labor certification" that the Specter mark-up refers to.
The PACE act doesn't have this provision - it excludes future F4 visa graduates from labor certification but says nothing about the current advanced degree holders. Frist's bill seems to exempt all those with advanced degrees and are employed in their field of expertise from going to the DOL for certification. Plus, if you have been employed for 3 years or more, then the quota doesn't apply and you get a visa number right away.
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vdlrao
07-15 04:36 PM
Here are all the LC approvals for India in the last seven years.
Year, Total LC Approved, Total India
2007 85112 24573
2006 79782 22298
2005 6133 1350
2004 43582 No Info
2003 62912 No Info
2002 79784 No Info
2001 77921 No Info
2000 70204 No Info
Based on the labor approvals, I am expecting EB2 will touch 2007 in the next 3 to 5 visa bulletins.
Year, Total LC Approved, Total India
2007 85112 24573
2006 79782 22298
2005 6133 1350
2004 43582 No Info
2003 62912 No Info
2002 79784 No Info
2001 77921 No Info
2000 70204 No Info
Based on the labor approvals, I am expecting EB2 will touch 2007 in the next 3 to 5 visa bulletins.
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nrakkati
03-20 10:51 PM
H1 doesnt work as you are interpreting. OP was working for 'A' and had a valid H1. At some point of time, he got a job offer from X and had his H1 transferred to X. Even though his new H1 is approved, his old H1 is still valid. It is valid as long as OP doesnt join X. Since the OP never left A and never joined X, he was always in status. OP -> this should be a simple case. Since you have documentation to prove that you were in status always and since you never joined X , you dont have paystubs and that should be perfectly fine as long as you never left A.
Thanks dilbert_cal.
Thanks dilbert_cal.
tattoo Michelle Jenner
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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pictures Michelle Jenner
mohican
01-13 05:39 PM
I finally received my I485 denial notice. I had to make 4 infopass appointments to get the letter. My attorney hasn't yet got it. I will be filing for MTR and sending the request to Ombudsman per another thread on this forum.
Was curious if others have the following in their denial notice:
last paragraph:"There is no appeal for this decision" This decision is without any prejudice to any future I485 application that you may file....blah blah.."
They have quotedsection 245 immigration and nationality act [8 USC 12s5]..states " underlying visa petition upon which seek permanant residence has been revoked...blah blah"
Is this pretty standard?
Was curious if others have the following in their denial notice:
last paragraph:"There is no appeal for this decision" This decision is without any prejudice to any future I485 application that you may file....blah blah.."
They have quotedsection 245 immigration and nationality act [8 USC 12s5]..states " underlying visa petition upon which seek permanant residence has been revoked...blah blah"
Is this pretty standard?
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JazzByTheBay
09-22 03:46 AM
Hope you had a great time at the other attractions with your parents... though it wouldn't have been a bad idea to bring your parents along as well to the attractions where yours and your parents' presence may have helped your cause.... :)
First of all - THANK YOU. It's because of IV I am happy today with EAD cards on hand. I will never forget what IV did for me and thousands of GC applications in July. I can't forget the despair and the smiles IV brought back to our lives.
More of a reason to be there, one would think! Apparently you found a better way to be thankful..
Probable reason - less motivated for couple of reasons which are already spelled out on this forum by others.
However I hoped to be part of rally towards the end. But couldn't. My parents came to USA last Friday. I did plan to combine my parents D.C tour with IV rally. But as such we happened to drop-in to D.C, unexpectedly, from Baltimore on Sunday itself. And on Tuesday 9/18 - all important day, we were busy packing to other attractions....
To Franklin -
Rally agenda - from the start, the D.C rally has not seemed need-based rally. San Jose rally and flower campaign were need-based. They were needed because USCIS ditched all July hopefuls. We were aghast and speech-less. So there was that burning-sensation in our tummies that took us to streets and greet the USCIS chief with bloody flowers!!
D.C rally has been strategic one.
Is your position that you don't participate in strategic efforts? :)
Somewhere in the beginning of the game, we pushed wrong buttons in marketing/selling the strategy or signing up people for the D.C rally. I remember very very few messages on the rally forums and tons and 100s of messages on "July 2" forum.
All senior fellows and the 1000+ members who made it to rally - have you surprised why there is NO 5000 - 10000 attendance.
Some more pointers to my thoughts -
> I can't associate all IV handles with real people easily.
> I don't know who is what (like in organizations we have people associated with certain responsibilities).
> Has anyone ever asked whether we should mention our association with IV in 485 application? And the repercussions?
cheers!
jazz
First of all - THANK YOU. It's because of IV I am happy today with EAD cards on hand. I will never forget what IV did for me and thousands of GC applications in July. I can't forget the despair and the smiles IV brought back to our lives.
More of a reason to be there, one would think! Apparently you found a better way to be thankful..
Probable reason - less motivated for couple of reasons which are already spelled out on this forum by others.
However I hoped to be part of rally towards the end. But couldn't. My parents came to USA last Friday. I did plan to combine my parents D.C tour with IV rally. But as such we happened to drop-in to D.C, unexpectedly, from Baltimore on Sunday itself. And on Tuesday 9/18 - all important day, we were busy packing to other attractions....
To Franklin -
Rally agenda - from the start, the D.C rally has not seemed need-based rally. San Jose rally and flower campaign were need-based. They were needed because USCIS ditched all July hopefuls. We were aghast and speech-less. So there was that burning-sensation in our tummies that took us to streets and greet the USCIS chief with bloody flowers!!
D.C rally has been strategic one.
Is your position that you don't participate in strategic efforts? :)
Somewhere in the beginning of the game, we pushed wrong buttons in marketing/selling the strategy or signing up people for the D.C rally. I remember very very few messages on the rally forums and tons and 100s of messages on "July 2" forum.
All senior fellows and the 1000+ members who made it to rally - have you surprised why there is NO 5000 - 10000 attendance.
Some more pointers to my thoughts -
> I can't associate all IV handles with real people easily.
> I don't know who is what (like in organizations we have people associated with certain responsibilities).
> Has anyone ever asked whether we should mention our association with IV in 485 application? And the repercussions?
cheers!
jazz
more...
makeup la actriz Michelle Jenner.
sundevil
06-19 04:50 PM
Wow!! Do all these Hi Tech companies(including the giant one I work for) not have any teeth in the system. Sanders gets an amendment, but nothing to change the stupid MBS provisions in favor of these companies. Pending further analysis or details not known yet, seems like we can safely join our friends at numbersusa and oppose this bill.
girlfriend a Michelle Jenner.
deepakd
06-30 08:43 PM
Guys,
Wanted to started this thread to get reviews on different law firms
I can understand the quality and committment of lawyers can make a huge difference especially in this unprecendented situation where all EB categories are made current now and now there is a rumour that it would be retrogressed back probably sometime next week with a new visa bulletin.
A lot of lawyers who are really committed and sincere to their client's clause: Getting them Green Card, are working overnight and over the weekend also so that their client can file I-485 ASAP and on the other hand few law firms are acting as slackers and not even responding to their client's emails.
Anyway, I am interested in knowing everyone's experience ( good or bad ) with law-firms and their recommendation.
My Own Case:-> I work for a multibillion dollar telecom company and joined this company almost 15 mos ago with a promise that they would start my GC immediately. Till Now, they have not yet file my labor. Their lawfirm is Larrabee http://www.larrabee.com/ in sanDiego. I don't have much experience with them as my application is still in my company's internal queue but based on the basis of my little experience, I would certainly not recommend them
Thanks
DD
A Good immigration lawyer is the one that also supports this community & our struggle
If you have a good experience with your lawyer and are recommending the law firm, pls also try to talk to your lawyer about IV. Ask the law firm if they want to contribute/ or even publicize IV to their clients. If they agree to do it, please post here. If they refuse, pls post here.
So when you write about how good your lawyer is, pls also mention if the lawyer supports IV and the help that has been extended to IV. If they have posted IV information/banner ad on their website, post the website URL here.
This will help maintain a list of lawyers who are recommended by members and at the same time, help IV.
Wanted to started this thread to get reviews on different law firms
I can understand the quality and committment of lawyers can make a huge difference especially in this unprecendented situation where all EB categories are made current now and now there is a rumour that it would be retrogressed back probably sometime next week with a new visa bulletin.
A lot of lawyers who are really committed and sincere to their client's clause: Getting them Green Card, are working overnight and over the weekend also so that their client can file I-485 ASAP and on the other hand few law firms are acting as slackers and not even responding to their client's emails.
Anyway, I am interested in knowing everyone's experience ( good or bad ) with law-firms and their recommendation.
My Own Case:-> I work for a multibillion dollar telecom company and joined this company almost 15 mos ago with a promise that they would start my GC immediately. Till Now, they have not yet file my labor. Their lawfirm is Larrabee http://www.larrabee.com/ in sanDiego. I don't have much experience with them as my application is still in my company's internal queue but based on the basis of my little experience, I would certainly not recommend them
Thanks
DD
A Good immigration lawyer is the one that also supports this community & our struggle
If you have a good experience with your lawyer and are recommending the law firm, pls also try to talk to your lawyer about IV. Ask the law firm if they want to contribute/ or even publicize IV to their clients. If they agree to do it, please post here. If they refuse, pls post here.
So when you write about how good your lawyer is, pls also mention if the lawyer supports IV and the help that has been extended to IV. If they have posted IV information/banner ad on their website, post the website URL here.
This will help maintain a list of lawyers who are recommended by members and at the same time, help IV.
hairstyles Michelle Jenner | XTI
Vsach
03-14 09:41 AM
EB3 (India) moved 2 months. Good news. But then?
What you expect for Eb3 guys? What may be the trend in coming months?
2002....2003....2004.....?
We can all go home....:rolleyes:
What you expect for Eb3 guys? What may be the trend in coming months?
2002....2003....2004.....?
We can all go home....:rolleyes:
rkdownload
02-01 03:57 PM
We moved to Florida from California last week. Did AR-11 yesterday. We are about to file AP, our I-485 is pending at NSC but Florida comes under TSC.
So not sure where to send our application.
Intending to send following supporting documents.
1. 2 PP Size photos
2. EAD copy as we switched from H1B to EAD
3. I-485 receipts.
Should we include any additional docs like Copy of your previously issued AP or passport copy (1st ,2nd page and last 2 pages) or Last expired I-94 copy.
Any advise would be of great help.
Thanks
Raj
So not sure where to send our application.
Intending to send following supporting documents.
1. 2 PP Size photos
2. EAD copy as we switched from H1B to EAD
3. I-485 receipts.
Should we include any additional docs like Copy of your previously issued AP or passport copy (1st ,2nd page and last 2 pages) or Last expired I-94 copy.
Any advise would be of great help.
Thanks
Raj
delhiguy79
07-19 08:38 PM
svam77 thanks for the valuable info....
i also found one link
http://149.101.23.2/graphics/formsfee/forms/i-485.htm
"
If you are filing based on an offer of permanent employment in the United States, you should submit the following:
I-485, Application to Register Permanent Residence or to Adjust Status
G-325A, Biographic Information
Copy of your I-797, Notice of Action, showing that your I-140, Immigrant Petition for Alien Worker, has been received or approved by INS (As of July 31, 2002, an interim rule was published in the Federal Register allows for concurrent filing of Form I-485 with Form I-140, if a visa number is immediately available.
"
There is also one more link how to file...so the ppl who want to file individually can have help thru it...
http://149.101.23.2/graphics/fieldoffices/SCNational/index.htm#H
i also found one link
http://149.101.23.2/graphics/formsfee/forms/i-485.htm
"
If you are filing based on an offer of permanent employment in the United States, you should submit the following:
I-485, Application to Register Permanent Residence or to Adjust Status
G-325A, Biographic Information
Copy of your I-797, Notice of Action, showing that your I-140, Immigrant Petition for Alien Worker, has been received or approved by INS (As of July 31, 2002, an interim rule was published in the Federal Register allows for concurrent filing of Form I-485 with Form I-140, if a visa number is immediately available.
"
There is also one more link how to file...so the ppl who want to file individually can have help thru it...
http://149.101.23.2/graphics/fieldoffices/SCNational/index.htm#H
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