pitha
01-28 10:56 AM
I don’t want to start another war here but all I am asking for is a fair treatment of people and not discriminate against people based on country of birth. One of the reasons I left my country, India, is because of the discriminating that exists there in terms of "reservations" where everything is reserved based on your caste for 50%. Now please dont tell me reservations and country cap are different, they are not different they are the same. they accomplish the same purpose in case of skilled immigration.I never thought such a thing would happen in US but it seems worst here because Indians and Chinese make up almost 70 to 80% of H1 (which is dual intent) but when it comes to employment based green cards (which are based on H1) Indians and Chinese combined get only 14% of the visas, don’t you see the tragedy here? Why don’t they enforce the country cap on H1 also, that way people from India and china will not have to suffer worse than others? But US is a competitive country, they want the best available talent for H1 and that’s the reason they don’t put country caps on H1.
Take my case for example, I have come to this country in 1999 on F1 and have been working and paying takes since 2001. I am not even able to apply for 485. If I get laid off now I will have to leave US next year. Contrast this with somebody from Taiwan, UK or some non retrogressed country. In some cases they can get green card within the first year of coming to US. This is not a hypothetical case but a scenario which is happening quite often, especially in EB2. In my own company I have seen people (6 so far) who are 5 years junior to me (i.e joined the company 5 years after I did) get a green card where as I am dazed and confused and haven’t even applied for 485.
I totally agree with country caps in non skilled immigration, because the only criteria is that you don’t have any diseases and don’t have a criminal background. But in skilled immigration it does not make sense to apply country caps unless you apply country caps in H1. but US is a competitive country, they want the best available talent for H1and that’s the reason they don’t put country caps on H1.
getting rid of country caps will hurt ppl from ROW. we need to be united, what do u say? H1B and EB visas are not related and should not be confused as related items. There are exemptions on H1b but none on EB.
totally agree with this.
Have full faith in IV and I am sure they will try to keep the interests of all in mind, not just of those from one country that will benefit from ending country-caps.
Take my case for example, I have come to this country in 1999 on F1 and have been working and paying takes since 2001. I am not even able to apply for 485. If I get laid off now I will have to leave US next year. Contrast this with somebody from Taiwan, UK or some non retrogressed country. In some cases they can get green card within the first year of coming to US. This is not a hypothetical case but a scenario which is happening quite often, especially in EB2. In my own company I have seen people (6 so far) who are 5 years junior to me (i.e joined the company 5 years after I did) get a green card where as I am dazed and confused and haven’t even applied for 485.
I totally agree with country caps in non skilled immigration, because the only criteria is that you don’t have any diseases and don’t have a criminal background. But in skilled immigration it does not make sense to apply country caps unless you apply country caps in H1. but US is a competitive country, they want the best available talent for H1and that’s the reason they don’t put country caps on H1.
getting rid of country caps will hurt ppl from ROW. we need to be united, what do u say? H1B and EB visas are not related and should not be confused as related items. There are exemptions on H1b but none on EB.
totally agree with this.
Have full faith in IV and I am sure they will try to keep the interests of all in mind, not just of those from one country that will benefit from ending country-caps.
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same_old_guy
07-09 04:38 PM
newbee7 is right.
Either the security clearance/FBI name check was COMPLETE or NOT. There is nothing as "would-be-done-shortly-for-sure" !
Bottom-line, if it can be proved in a court of law that USCIS approved cases without security clearance, there is a solid ground for the suit. It's against the law and it undermines the national security concerns.
Second, USCIS working in bad faith when they rushed to allocate all the quota just to avoid new I-485 applications. It clearly has "intentional" written all over it.
Third, I saw somewhere an excerpt from INA law that there is a limit on how many visa number can be allocated in a month. As per that clause, USCIS broke the law.
Fourth, there is a solid ground to sue USCIS for the expense to say the least. People has to pay a whole lot of things including lawyer, medical, photo etc. Time and effort spent on that is no less.
Either the security clearance/FBI name check was COMPLETE or NOT. There is nothing as "would-be-done-shortly-for-sure" !
Bottom-line, if it can be proved in a court of law that USCIS approved cases without security clearance, there is a solid ground for the suit. It's against the law and it undermines the national security concerns.
Second, USCIS working in bad faith when they rushed to allocate all the quota just to avoid new I-485 applications. It clearly has "intentional" written all over it.
Third, I saw somewhere an excerpt from INA law that there is a limit on how many visa number can be allocated in a month. As per that clause, USCIS broke the law.
Fourth, there is a solid ground to sue USCIS for the expense to say the least. People has to pay a whole lot of things including lawyer, medical, photo etc. Time and effort spent on that is no less.
deepakjain
06-08 06:38 PM
You might get your GC while you are at the retirement home....
Do not get me wrong ....140 crore Rupees [EAD & AP Renewal] just for pending 485 is not an small amount.....
they will be another July 2007 fiasco in 2010.....so that another 200K people board the non stop flight for GC destination......so that 140 Crore becomes 280 Crore Rupees....those 2000 hired by USCIS in 2007 will be waiting for salary hike ....:D
Do not get me wrong ....140 crore Rupees [EAD & AP Renewal] just for pending 485 is not an small amount.....
they will be another July 2007 fiasco in 2010.....so that another 200K people board the non stop flight for GC destination......so that 140 Crore becomes 280 Crore Rupees....those 2000 hired by USCIS in 2007 will be waiting for salary hike ....:D
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shukla77
09-26 10:14 AM
Wrote to editor to correct the mistake.
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ksvreg
04-08 10:04 AM
Pending clearance on rumors, if POE called employer, it is likely that employer(s) may answer about US Citzen hiring to yes, but it is very "generic". The "generic" information my be mis using by POE either intentional or unintentional . It is better off giving heads up to company HR department about these enquiries (if they are not rumors) and brainstrom them about procedure and time lines to hire US citizen and impact on business if non immigration is not available immediately. Otherwise, employer may say yes to hire US citizen "in general".
Hermione
09-26 11:12 AM
Macaca (love your handle, by the way) - wait. All the editor is going to do as a result of these requests is to yank two sentences about the rally out of the article. IV rally does not belong in this article, so all you are going get is LESS publicity. Yes, the article was not factiually correct, but it is not major mischaracterization. It's OK. I'd rather take a CNN article with a slightly incorrect mentioning, then no mentioning.
Just my $0.02
The email should have info so that recipient can verify that rally was for EB GC issues and not H1B issues.
Say rally was organized by IV.
Put link to IV so they can check IV agenda.
Put link to Washington Post/NY Times article that correctly reported the rally.
Just my $0.02
The email should have info so that recipient can verify that rally was for EB GC issues and not H1B issues.
Say rally was organized by IV.
Put link to IV so they can check IV agenda.
Put link to Washington Post/NY Times article that correctly reported the rally.
more...
conundrum
10-31 05:59 PM
Received letter from USCIS regarding the FOIA.
NRC2008063282
The request has been placed in the complex track!
NRC2008063282
The request has been placed in the complex track!
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TeddyKoochu
09-10 01:45 PM
If USCIS wants to do another JULY 2007 they never learnt their lession. With the Quarterly/annual quota I dont think USCIS legally can make EB2 current. I hate another JULY 2007 for sure.
I would welcome another Jul 07 atleast it gives all EB2 / EB3 to be able to file for their 485's. This may not be very likely I agree with you. I can feel your pain with your PD but as Sumggymba has also said that it is extremely beneficial to be able to file for 485 and have EAD / AP.
I believe that what may happen when EB2-I/C preadjudicated numbers get exhausted is Option # 2) Keep accepting applications in a controlled manner so as to approve in quarter or year because this is what happened for EB2 ROW; again this is my personal guess / assumption, Iam not an expert on the INA or the law. Also those who have not been able to file for I485 cannot be kept in a endless denial with the preadjudicated numbers exhausted I think the chance will come for EB2 I/C either by Sep 2011 or latest by Jul 2012.
I would welcome another Jul 07 atleast it gives all EB2 / EB3 to be able to file for their 485's. This may not be very likely I agree with you. I can feel your pain with your PD but as Sumggymba has also said that it is extremely beneficial to be able to file for 485 and have EAD / AP.
I believe that what may happen when EB2-I/C preadjudicated numbers get exhausted is Option # 2) Keep accepting applications in a controlled manner so as to approve in quarter or year because this is what happened for EB2 ROW; again this is my personal guess / assumption, Iam not an expert on the INA or the law. Also those who have not been able to file for I485 cannot be kept in a endless denial with the preadjudicated numbers exhausted I think the chance will come for EB2 I/C either by Sep 2011 or latest by Jul 2012.
more...
gimme_GC2006
03-09 02:02 PM
hey bsbawa atleast ur pd is apr 04, now it is feb 04 for you , there is hope that you will get it by this year end atleast, think about folks like me, i have to wait till 2019 to get my eb3 to current......... so stop crying and be happy that atleast ur in EB2........ :o
lol..dont say 2019..my PD is almost same as yours and I aint hanging around till 2019..by that time I will be old and no idea what will I do with..GC..probaly hope for citizenship and apply for retirement benefits :confused::confused::confused:
Edit: Never mind..yours is EB3..so may be mine will come in 2015
lol..dont say 2019..my PD is almost same as yours and I aint hanging around till 2019..by that time I will be old and no idea what will I do with..GC..probaly hope for citizenship and apply for retirement benefits :confused::confused::confused:
Edit: Never mind..yours is EB3..so may be mine will come in 2015
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desi485
03-16 12:37 AM
dudester,
I work for a REAL big company and have a REAL good job. Don't get worked up you might get a cardiac arrest. :)
And, please, gimme a break. H1B = high skilled? ya right.............keep living in your dream world buddy.........good for you. Most H1Bs, according to PUBLISHED research, earn less than $50,000.
Freaking diploma holders from India get an H1B easily...........you think the monkeys who work for the outsourcing firms in India are "highly-skilled" ??
:p
Dude, IT and software are low skill jobs..........wake up and smell the coffee. Your saying "highly skilled" and holding up a placard won't change that reality. No one wants any more low skilled EB3 types in this country anymore. They are found dime a dozen.
If your highness is so highly skilled, how come you are stuck in the EB3 queue and whine to get into EB2 ???
Yes i AM selfish..........you got a problem with that?
You are now "a more frustrated fool". Your desparation shows what you really are.
I work for a REAL big company and have a REAL good job. Don't get worked up you might get a cardiac arrest. :)
And, please, gimme a break. H1B = high skilled? ya right.............keep living in your dream world buddy.........good for you. Most H1Bs, according to PUBLISHED research, earn less than $50,000.
Freaking diploma holders from India get an H1B easily...........you think the monkeys who work for the outsourcing firms in India are "highly-skilled" ??
:p
Dude, IT and software are low skill jobs..........wake up and smell the coffee. Your saying "highly skilled" and holding up a placard won't change that reality. No one wants any more low skilled EB3 types in this country anymore. They are found dime a dozen.
If your highness is so highly skilled, how come you are stuck in the EB3 queue and whine to get into EB2 ???
Yes i AM selfish..........you got a problem with that?
You are now "a more frustrated fool". Your desparation shows what you really are.
more...
GCAmigo
12-27 09:02 AM
My son who is in high school goes for a federal funded summer program every year.. he is cursing me now as he cannot claim the $1000 stipend since he doesn't have an SSN..
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abhishek101
06-15 11:36 AM
as a 501(3)(C) organization immigration voice has is limited in its efforts to contribute for any cause, while it can spend a max of 30 % (lawyers please comment) on Advocacy but it cannot do political campaigns openly, if people want to contribute and defeat Sen Grassley they need a 501(4) type of non profit.
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sc09876
07-29 01:14 PM
Add CareFirst - Blue Cross Blue Shield
Legg Meson
All these companies take people on H1 and after an year of year an half they say they have changed policy and they can't file H1. They have big lawyers like M**** and R**** and those lawyers tell employers even if your employee is on 5th year and if you don't file GC (PERM) b4 365 days its alright.... we can send them out and re catpture time and all BS and ultimately employees suffer.... as they r in their 5th or some are in 6th year and are completely screwed up.
We should think of taking some legal actions...
Ya..make sure you consult your attorney to know if such a thing is viable. :). Make sure you read the "employment at will" agreement along with all the other 28 pages that you will abide by the HR policies and also make sure that you read the 125 pages of HR policies.
Legg Meson
All these companies take people on H1 and after an year of year an half they say they have changed policy and they can't file H1. They have big lawyers like M**** and R**** and those lawyers tell employers even if your employee is on 5th year and if you don't file GC (PERM) b4 365 days its alright.... we can send them out and re catpture time and all BS and ultimately employees suffer.... as they r in their 5th or some are in 6th year and are completely screwed up.
We should think of taking some legal actions...
Ya..make sure you consult your attorney to know if such a thing is viable. :). Make sure you read the "employment at will" agreement along with all the other 28 pages that you will abide by the HR policies and also make sure that you read the 125 pages of HR policies.
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kouhsik69
03-09 01:30 PM
Where is the great predictor :D
Rao baba is in hibernation .................................:D
dask_1
EB3-I
pd Jan 2002
Rao baba is in hibernation .................................:D
dask_1
EB3-I
pd Jan 2002
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Legal
07-04 09:17 PM
Another myth: USCIS processed 60,000 485 in June. It is wrong. They processed 60,000 485 over the period of 6 months to 5 years. And they just approved in June, based on earlier processing.
In their "normal" pace they would be giving finishing touches and slowly releasing them over the course of next 12 months! Do you agree?
But they worked overnight and weekend to finish up and deny benefits to the July filers? Therein lies the problem. what do you think?
In their "normal" pace they would be giving finishing touches and slowly releasing them over the course of next 12 months! Do you agree?
But they worked overnight and weekend to finish up and deny benefits to the July filers? Therein lies the problem. what do you think?
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Wendyzhu77
07-24 12:48 PM
I think this post is purposely composed to scare people. As a matter of fact, any 485 "might" be rejected if it is not properly filed, which has always been true for years. If you case is rejected, of course you will need to refile. So, it is absolutely normal that "some" July 2 filers "might" need to file again. Literally, this sentence is correct, but the auther intentionally uses it to imply that "ALL" will be rejected. As a matter of fact, "every day", some 485 filers will need to refile their 485 sometime later.
Continuing on this forum with more generic title
http://immigrationvoice.org/forum/showthread.php?t=10383
Per Greg Siskind -- July 2nd filers might have to file again, as all July 2nd application were rejected. Check out the link below as well as the comment section for the blog
Greg Siskind is reporting the following about July2nd rejection here
http://blogs.ilw.com/gregsiskind/2007/07/faqs-part-1.html
part of above post --
USCIS did not state how cases filed and rejected on the 2nd are to be handled other than to say that properly filed applications would be accepted. This presumably covers the many cases filed after the second that were held, but it doesn�t explain what will happen to the cases received earlier. We hope USCIS will issue special instructions to issue July 2nd receipt dates to those who are able to document they attempted to file. We presume some folks are still waiting on their July 2nd cases to be returned and are debating refiling new cases rather than waiting. Unfortunately, there is a risk of not getting the package back before August 17th and some people will need to refile without proof of the earlier filing. Hopefully, again, USCIS will institute a process for such individuals to avoid being penalized.
USCIS has not announced any details yet on how it will determine which cases get 2007 visa numbers that might still be available. We also don�t know yet how cases will be processed that are not in the batch of cases that get green card numbers this year. For those who will have to get numbers in future years, applications should be worked by the order of the priority date. So applicants with labor certifications approved some time back, for example, should go before people in the same category with later priority dates.
For individuals filing cases not requiring a labor certification (such as Schedule A cases and national interest waivers), the priority date is the date of filing. Because there may be hundreds of thousands of applications received between July 2nd and August 17th with many of these cases not requiring a labor certification, the date during this six week period a case is filed could make a big difference in terms of when a case will complete processing. And, again, getting that July 2nd priority date for those who filed early and were rejected could make a big difference in when their cases are ultimately processed through to completion.
Continuing on this forum with more generic title
http://immigrationvoice.org/forum/showthread.php?t=10383
Per Greg Siskind -- July 2nd filers might have to file again, as all July 2nd application were rejected. Check out the link below as well as the comment section for the blog
Greg Siskind is reporting the following about July2nd rejection here
http://blogs.ilw.com/gregsiskind/2007/07/faqs-part-1.html
part of above post --
USCIS did not state how cases filed and rejected on the 2nd are to be handled other than to say that properly filed applications would be accepted. This presumably covers the many cases filed after the second that were held, but it doesn�t explain what will happen to the cases received earlier. We hope USCIS will issue special instructions to issue July 2nd receipt dates to those who are able to document they attempted to file. We presume some folks are still waiting on their July 2nd cases to be returned and are debating refiling new cases rather than waiting. Unfortunately, there is a risk of not getting the package back before August 17th and some people will need to refile without proof of the earlier filing. Hopefully, again, USCIS will institute a process for such individuals to avoid being penalized.
USCIS has not announced any details yet on how it will determine which cases get 2007 visa numbers that might still be available. We also don�t know yet how cases will be processed that are not in the batch of cases that get green card numbers this year. For those who will have to get numbers in future years, applications should be worked by the order of the priority date. So applicants with labor certifications approved some time back, for example, should go before people in the same category with later priority dates.
For individuals filing cases not requiring a labor certification (such as Schedule A cases and national interest waivers), the priority date is the date of filing. Because there may be hundreds of thousands of applications received between July 2nd and August 17th with many of these cases not requiring a labor certification, the date during this six week period a case is filed could make a big difference in terms of when a case will complete processing. And, again, getting that July 2nd priority date for those who filed early and were rejected could make a big difference in when their cases are ultimately processed through to completion.
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retrohatao
05-17 12:01 PM
FBI security clearance has been a blackhole with many people stuck in it without having a hope of relief in sight.Everyone might have tried the senetors, congressman, snail-mails and Faxes but of no use.
How about the following new methods:
1. Send a collective petition, A common letter requesting FBI, president with the details of all those stuck in the process.
2. A letter to the news channels.
3. Web fax to the senators/congressman
Please share your ideas.
How about the following new methods:
1. Send a collective petition, A common letter requesting FBI, president with the details of all those stuck in the process.
2. A letter to the news channels.
3. Web fax to the senators/congressman
Please share your ideas.
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ARUNRAMANATHAN
07-13 12:33 AM
well most the people are blood suckers ......until they grow up !
When they are a small start up firm they work for you ...after that it is the clerk who works for you not even a legal person.
Arun
When they are a small start up firm they work for you ...after that it is the clerk who works for you not even a legal person.
Arun
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gautamagg
04-23 04:46 PM
I came with 4 other people and NONE are IV members and nor did we approach any - infact the white shirt dude was surprised to know we were not part of IV and offended. As I said passive movements dont make a difference.
technically you are an IV member because you have an ID, that you created on your own. You probably went to the meeting with the IV crowd then branched out..good for you. Wonder why the Stanfords and Harvards are dying to admit you:D
Obviously you seem to be in a very unique situation, and you are taking steps to solve your issues in your own way, nothing wrong with that. good luck, to each his own.
technically you are an IV member because you have an ID, that you created on your own. You probably went to the meeting with the IV crowd then branched out..good for you. Wonder why the Stanfords and Harvards are dying to admit you:D
Obviously you seem to be in a very unique situation, and you are taking steps to solve your issues in your own way, nothing wrong with that. good luck, to each his own.
return_to_india
05-26 09:42 PM
..... theoratically even if I am going for a walk i am supposed to carry immigration papers because a border patrol officer, in theory, could asks me for my papers ?
.....
I carry my GC, passport etc even if i get out of my house to my lawn.
I also stick them to my body in a water resistant package when i dive into a swimming pool, in case a immigration nut lay waiting there. Law is law. Why can't they collect my finger print/iris scan and determine status ?
.....
I carry my GC, passport etc even if i get out of my house to my lawn.
I also stick them to my body in a water resistant package when i dive into a swimming pool, in case a immigration nut lay waiting there. Law is law. Why can't they collect my finger print/iris scan and determine status ?
vin13
02-10 10:59 AM
No disrespect meant but what's this? Faux News? As per the law, there is no quota of 2802 green cards for EB3 India. Its a ceiling not a quota. The difference is with ceiling of 7% USCIS can allocate lower number than 7% of 28.6% of 140,000 to EB3 India. If it would be 7% quota, then it would be fair to ask for our "right" for another 580 more green cards. That's why this is not real information, its Faux news.
desi3933 has correctly mentioned the relevant stats. Just in case you missed it:
This is the reason I do not find that immigration business shop credible any more.
I believed we get atleast 7% (cap) + any unused numbers. As there is a possiblilty of getting more than 7%, it is not considered a quota.
I did not know of getting less than 7% when there is high demand. :confused:
desi3933 has correctly mentioned the relevant stats. Just in case you missed it:
This is the reason I do not find that immigration business shop credible any more.
I believed we get atleast 7% (cap) + any unused numbers. As there is a possiblilty of getting more than 7%, it is not considered a quota.
I did not know of getting less than 7% when there is high demand. :confused:
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