gjoe
08-14 09:05 AM
I have a total of 15+ yrs exp in the IT industry out of which 8 yrs in USA. I am also an EB3 :) BTW I have a 4 yr engg degree from a small college in india :p
Count me in too
I am totally pissed off with this system. The only wrong step which i took was applying in EB3 when i had three years of experience. Now i have a total almost 10 years experience in IT and still waiting like an illegal immigrant for GC.
PD : EB3 SEPT 2002.
Count me in too
I am totally pissed off with this system. The only wrong step which i took was applying in EB3 when i had three years of experience. Now i have a total almost 10 years experience in IT and still waiting like an illegal immigrant for GC.
PD : EB3 SEPT 2002.
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desi485
11-07 03:14 PM
Friends,
I have been reading a lot about recent mis-handling of AC21 cases. Majority of them were due to employer revoking an approved I-140 after 180 days of filling the I-485. While I do not know laws fully and my understanding is limited, let me share some thoughts on this.
To me, this seems to be an un-ethical tactic by some employers; AFAIK there is no legal requirement for them to do so.
Moreover, it is a Loose-Loose situation for all the concerned parties.
Here is how:
1. For candidate - additional burden of filling an MTR, risk of loosing EAD & Job and financial burden. :eek:
2. For CIS - Addional burden & wastage of resource not only cancelling 140 and sending notice, but also most likely they will have to reverse the decision when candidate will file MTR. (For that matter, there is no fees to cancel an I-140)
3. For employer - Employer gets nothing in return, if he doesn't want to be happy in a sadistic way. Apart from this, it is almost certain that it will bring bad name to employer among future & current employees if harassment was the only motive.
This whole exercise seems to be useless. :confused:
The AC21 law allows employee to move freely using EAD, why should employers be allowed to harass an employee when it is almost certain that employee has done nothing against the law? Isn't this un-ethical? This useless exercise will help none but the attorneys in terms of additional money filling an MTR.
Can we do some brain-storming and come to some strategy to improve this situation? A letter campaign is already going on. Please share other ideas.
One approach I can think is to meet officials and explain them to automatically disable the employers from doing so...An approved 140 should not be allowed to cancel, once 485 is filed and 180 days passed. This will stop the wastage of resources and help to improve efficiency for CIS. Is there a chance we can convince this??? more on the side of administrative fix???
How about making an official AC21 form (like we've AR11 for address change)? CIS can charge a small fees to file for AC21, it will guarantee candidates that their AC21 application has reached to CIS.
Thoughts?
I have been reading a lot about recent mis-handling of AC21 cases. Majority of them were due to employer revoking an approved I-140 after 180 days of filling the I-485. While I do not know laws fully and my understanding is limited, let me share some thoughts on this.
To me, this seems to be an un-ethical tactic by some employers; AFAIK there is no legal requirement for them to do so.
Moreover, it is a Loose-Loose situation for all the concerned parties.
Here is how:
1. For candidate - additional burden of filling an MTR, risk of loosing EAD & Job and financial burden. :eek:
2. For CIS - Addional burden & wastage of resource not only cancelling 140 and sending notice, but also most likely they will have to reverse the decision when candidate will file MTR. (For that matter, there is no fees to cancel an I-140)
3. For employer - Employer gets nothing in return, if he doesn't want to be happy in a sadistic way. Apart from this, it is almost certain that it will bring bad name to employer among future & current employees if harassment was the only motive.
This whole exercise seems to be useless. :confused:
The AC21 law allows employee to move freely using EAD, why should employers be allowed to harass an employee when it is almost certain that employee has done nothing against the law? Isn't this un-ethical? This useless exercise will help none but the attorneys in terms of additional money filling an MTR.
Can we do some brain-storming and come to some strategy to improve this situation? A letter campaign is already going on. Please share other ideas.
One approach I can think is to meet officials and explain them to automatically disable the employers from doing so...An approved 140 should not be allowed to cancel, once 485 is filed and 180 days passed. This will stop the wastage of resources and help to improve efficiency for CIS. Is there a chance we can convince this??? more on the side of administrative fix???
How about making an official AC21 form (like we've AR11 for address change)? CIS can charge a small fees to file for AC21, it will guarantee candidates that their AC21 application has reached to CIS.
Thoughts?
Pallavi79
12-19 03:43 PM
Laid off 6weeks back. Attended 4 interviews. Outof luck.
I used to get many calls from desi consultants. But not now. I do not know whether it is because of economy or my EAD status.
Here are my excuses to not to get job.
1.New Father (I was little confused about how every thing goes. Thank god no set backs here)
2.Functions(I was occupied to celebrate his 21st day).
3.Taking care of new born( He needs to be feed once in every two hours. Mother got tired of this.)
4.Holiday season.
5.Economy.
6.I am good at supporting my situation :) .
Hopefully I will land some where by Jan Mid.
I used to get many calls from desi consultants. But not now. I do not know whether it is because of economy or my EAD status.
Here are my excuses to not to get job.
1.New Father (I was little confused about how every thing goes. Thank god no set backs here)
2.Functions(I was occupied to celebrate his 21st day).
3.Taking care of new born( He needs to be feed once in every two hours. Mother got tired of this.)
4.Holiday season.
5.Economy.
6.I am good at supporting my situation :) .
Hopefully I will land some where by Jan Mid.
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retropain
08-29 12:02 PM
Folks in or around Dallas, TX - this is an opportunity for you to go and attend this hearing
"U.S. Visa Policy: Competition for International Scholars, Scientists and Skilled Workers "
DATE: August 31, 2006
TIME: 09:00 AM
Location: University of Texas at Dallas, The Erik Jonsson School of Engineering & Computer Science, Building ECSS, TI Foundation Auditorium, Richardson, Texas.
Contact: 202-224-5225
http://judiciary.senate.gov/hearing.cfm?id=1801
"U.S. Visa Policy: Competition for International Scholars, Scientists and Skilled Workers "
DATE: August 31, 2006
TIME: 09:00 AM
Location: University of Texas at Dallas, The Erik Jonsson School of Engineering & Computer Science, Building ECSS, TI Foundation Auditorium, Richardson, Texas.
Contact: 202-224-5225
http://judiciary.senate.gov/hearing.cfm?id=1801
more...
waitingnwaiting
11-15 09:46 AM
Should there not be a separate Green card quota for anyone with a USA Masters Degree in any field?
If USA does that, more people will pay to come to study in USA. Not go to Australia, UK etc to study. So more money to USA. And USA degree holders will be able to use this education and work in USA to improve USA economy. If they go back to their countries, then USA has brain drain.
If they have separate quota for H1, separate H1B quota for Masters Degrees, what is wrong to have one for Green Card?
Please support on this thread if you agree.
If USA does that, more people will pay to come to study in USA. Not go to Australia, UK etc to study. So more money to USA. And USA degree holders will be able to use this education and work in USA to improve USA economy. If they go back to their countries, then USA has brain drain.
If they have separate quota for H1, separate H1B quota for Masters Degrees, what is wrong to have one for Green Card?
Please support on this thread if you agree.
champu
03-12 02:45 AM
I asked my lawyer same question... and she said you can port from EB3 to EB2 using same labor but employer has to withdraw approved I-140 first and this is really dicey.
Best option is to file new PERM + new I-140 and then port the PD
if you think you can file I-485 with 2 I-140s and USCIS would let you use PD from one and Category from other. THOUGH LEGAL BUT FORGET IT.
DO NOT DO THIS. I TRIED IT AND GOT SCREWED. USCIS DO NOT DO CROSS REFERENCE OF I-140 THOUGH THEY ARE SUPPOSE TO.
Best option is to file new PERM + new I-140 and then port the PD
if you think you can file I-485 with 2 I-140s and USCIS would let you use PD from one and Category from other. THOUGH LEGAL BUT FORGET IT.
DO NOT DO THIS. I TRIED IT AND GOT SCREWED. USCIS DO NOT DO CROSS REFERENCE OF I-140 THOUGH THEY ARE SUPPOSE TO.
more...
pappu
10-05 10:48 AM
I vaguely remember a discussion several months ago on the forum about people that have gone back to their home countries after having waited for their green cards.
We have a media interview opportunity and need to find such examples. I remember an instance about a person going back to Bombay after he had immigration issues. He had set up his company there. Such people who could have helped US economy and growth will make a compelling story.
Pls. let me know urgently of any such cases and I will follow it up. This is required today and we have a short time window.
---
after doing a search on the forum I found someone posting here
http://immigrationvoice.org/forum/showthread.php?t=1008&page=3
We have a media interview opportunity and need to find such examples. I remember an instance about a person going back to Bombay after he had immigration issues. He had set up his company there. Such people who could have helped US economy and growth will make a compelling story.
Pls. let me know urgently of any such cases and I will follow it up. This is required today and we have a short time window.
---
after doing a search on the forum I found someone posting here
http://immigrationvoice.org/forum/showthread.php?t=1008&page=3
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maverick_neo
08-14 02:05 PM
This is a million dollars question on everybody's mind. Although the books says you can, I bet no body will take the risk.
Nobody can predict when July filer will get AP too.
There is a good chance I am taking this risk. But if there is any hope I will wait. Contrary to that if there is no hope I don't want to keep waiting until July next year for AP.
Nobody can predict when July filer will get AP too.
There is a good chance I am taking this risk. But if there is any hope I will wait. Contrary to that if there is no hope I don't want to keep waiting until July next year for AP.
more...
dixie
04-04 06:49 PM
it might sound cliched by now, but what IV has achieved so far is truly unbelievable, especially given the historical laissez-faire attitude of our community.Remember what this group is essentially about : a bunch of people fighting for their just cause within their limited rights in an alien country. Its a huge pity that all those folks who think of IV and their GC as their entitlement get a free ride through the blood and sweat of a handful of people, whom they accuse of incompetance and worse. Great job core team .. with all this effort, success of some sort is inevitable.
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mhathi
08-14 03:38 PM
From VB
"Third: Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to "Other Workers". "
First, your scenario is overly optimistic . Even then EB3 can use a max of 10,000 of such visas and pass on the rest to the other workers category.
Which basically means Eb3s with PDs> 2004 will get screwed even in a very optimistic scenario.
Worse is Eb2s do not have such a cap . So not a drop trickles down till Eb2 is completely satiated.
Assume HR5882 gets signed by president and visas are distributed according to current laws .....Eb3 will get some benefit but not much. Infact everyone other than Eb3 will get maximum benefit including famili-based, other workers etc.
Moral of the story - Eb3s with PD > 04 ....port to Eb2 ...if you can...now
I think what this is saying is that "other workers" can only use 10,000 of the spillover, and the rest will be for general EB3. Not the other way around as you have interpreted.
However, I am not disputing the rest of your post. If the job is there and you can prove EB2 qualification, go for porting.
"Third: Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to "Other Workers". "
First, your scenario is overly optimistic . Even then EB3 can use a max of 10,000 of such visas and pass on the rest to the other workers category.
Which basically means Eb3s with PDs> 2004 will get screwed even in a very optimistic scenario.
Worse is Eb2s do not have such a cap . So not a drop trickles down till Eb2 is completely satiated.
Assume HR5882 gets signed by president and visas are distributed according to current laws .....Eb3 will get some benefit but not much. Infact everyone other than Eb3 will get maximum benefit including famili-based, other workers etc.
Moral of the story - Eb3s with PD > 04 ....port to Eb2 ...if you can...now
I think what this is saying is that "other workers" can only use 10,000 of the spillover, and the rest will be for general EB3. Not the other way around as you have interpreted.
However, I am not disputing the rest of your post. If the job is there and you can prove EB2 qualification, go for porting.
more...
tonyHK12
05-09 10:00 AM
This is why I said 221G is a good initiative. Even if people have to suffer a little bit, full check is needed for every visa stamping and every green card application.
I guess its much better for frauds to have an EAD/AP, then they can easily bypass the checking at consulates.
I guess its much better for frauds to have an EAD/AP, then they can easily bypass the checking at consulates.
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raydhan
04-04 09:22 AM
IV core team,
Just knowing that you guys are out there fighting for all of us, provides a new ray of hope everyday. Your sacrifices and efforts are unmatched. No matter what happens, we will be there with you till the very end.
Please keep up the fantastic work. You are our only hope.
As they say......those who cannot do anything, either teach (or preach). Ignore the people who cast a doubt on your credibility. You guys have shown your caliber already.
Good luck to us all.
Just knowing that you guys are out there fighting for all of us, provides a new ray of hope everyday. Your sacrifices and efforts are unmatched. No matter what happens, we will be there with you till the very end.
Please keep up the fantastic work. You are our only hope.
As they say......those who cannot do anything, either teach (or preach). Ignore the people who cast a doubt on your credibility. You guys have shown your caliber already.
Good luck to us all.
more...
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Mplsmani
12-15 10:38 PM
Thank you very much for valuable answer. I appreciate LazyCIS, pmb76 and sam. Then I will wait till 180 days to go.
Just to clarify, Do I need to look / take jobs only permanent after 180 days?
Thank you,
Mani
Just to clarify, Do I need to look / take jobs only permanent after 180 days?
Thank you,
Mani
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gsc999
10-07 04:49 PM
Guys, this is not an Indian site. Half the posts have word Indian in them.
I am not apologetic about being Indian but lets remain true to the IV cause
The current economic crisis has many victims. To hear about this 90 year old woman who attempted suicide is depressing too. There is a slight twist at the end, Fannie Mae forgave her debt.
http://abcnews.go.com/US/wireStory?id=5957063
On a different note, what about us folks who have been on this never ending path to legal immigration for ever and such events e.g economic crisis, rising unemployement etc impact us in a huge way and we don't have any recourse. What do you guys think should the USCIS do? Should they "forgive" us our circumstances. Should there be special rules in these unforseen circumstances?
I am not apologetic about being Indian but lets remain true to the IV cause
The current economic crisis has many victims. To hear about this 90 year old woman who attempted suicide is depressing too. There is a slight twist at the end, Fannie Mae forgave her debt.
http://abcnews.go.com/US/wireStory?id=5957063
On a different note, what about us folks who have been on this never ending path to legal immigration for ever and such events e.g economic crisis, rising unemployement etc impact us in a huge way and we don't have any recourse. What do you guys think should the USCIS do? Should they "forgive" us our circumstances. Should there be special rules in these unforseen circumstances?
more...
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akgind
05-22 03:03 PM
After eight years my husband is almost able to work (waiting for EAD) and my son has aged out for derivative benefits and is on an F1 with no realistic path to permanent residency and eventual citizenship.
I agree, those who crossed a border illegally or overstayed are now looking at the American Dream being handed to them.
The DREAM act, if it stays in the legislation will give the children of the illegals state tuition rates (I work for the university my son attends and found it hard to get in state tuition rates for him) and they will also get conditional residency and will be able to apply for their own green cards after five years.
Amazing really, that we are seeing and hearing this in the land we chose to live in which claims to be a land where the rule of law is paramount.
I am in the same boat. Waiting in GC line for 5 years. LC still pending. Two children - one aged out two years ago, other will age out in 3 months. We were hoping that DREAM Act will get them through. But no, that benefit will be reserved only for children of illegals. Only they will get in-state tuition, and can apply for GC till age 30. If you are child of legal alien, you age out at 21. What a cruel joke!
I agree, those who crossed a border illegally or overstayed are now looking at the American Dream being handed to them.
The DREAM act, if it stays in the legislation will give the children of the illegals state tuition rates (I work for the university my son attends and found it hard to get in state tuition rates for him) and they will also get conditional residency and will be able to apply for their own green cards after five years.
Amazing really, that we are seeing and hearing this in the land we chose to live in which claims to be a land where the rule of law is paramount.
I am in the same boat. Waiting in GC line for 5 years. LC still pending. Two children - one aged out two years ago, other will age out in 3 months. We were hoping that DREAM Act will get them through. But no, that benefit will be reserved only for children of illegals. Only they will get in-state tuition, and can apply for GC till age 30. If you are child of legal alien, you age out at 21. What a cruel joke!
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Wendyzhu77
12-24 09:40 PM
Please kindly remind your friend to withdraw the EB3 485, and file marriage based 485 instead. There is absolutely no need for him to waste a precious EB quota. And, it is believed that marriage based 485 passes NC much faster.
I recently came across an old friend of mine. I was shocked to hear his case. He is an original applicant EB3 India with PD of September 1998. Please note he is the original applicant and this is not labor substitution.
Here are the details
Sep 1998 : Applied with Texas Workforce Commision as regular Non RIR.
Oct 2001: TWC asked to do recruitment. No action was taken on submitting results.
October 2006 : Labor finally approved from Dallas BEC. Concurrently file I 140 and I 485.
Jan 2007 : I 140 approved.
Nov 2007: Took Infopass appointment. Was told case pending name check.
This case is absolutely amazing. My friend doesnt care anymore since he recently married US citizen (genuine case ABCD). He has worked at the same company since 1998 and stuck to stupid job (non IT). My PD is August 2001 and seeing his case I am getting mentally prepared for much much longer wait.
Thanks
I recently came across an old friend of mine. I was shocked to hear his case. He is an original applicant EB3 India with PD of September 1998. Please note he is the original applicant and this is not labor substitution.
Here are the details
Sep 1998 : Applied with Texas Workforce Commision as regular Non RIR.
Oct 2001: TWC asked to do recruitment. No action was taken on submitting results.
October 2006 : Labor finally approved from Dallas BEC. Concurrently file I 140 and I 485.
Jan 2007 : I 140 approved.
Nov 2007: Took Infopass appointment. Was told case pending name check.
This case is absolutely amazing. My friend doesnt care anymore since he recently married US citizen (genuine case ABCD). He has worked at the same company since 1998 and stuck to stupid job (non IT). My PD is August 2001 and seeing his case I am getting mentally prepared for much much longer wait.
Thanks
more...
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ebizash
07-07 12:00 PM
Hi,
My attorney received an EVL RFE for my I-485 case. My PD is 2007 EB3 so I don't have any hope of getting GC but I guess they are just pre-adjucating my case.
Here is my situation - I filed my !-485 in Aug 2007 and changed job (without filing any AC-21 paperwork with USCIS) in April 2008. My attorney had looked at new job description and given green signal for change. My entire immigration history of 10 years in US is totally clean with no gaps and with all work autorizations.
Now, my concern is that the letter that my attorney has prepared for my current employer to sign has lot of legal lingo (AC-21 language, lot of CFRs, info related to my LCA and I-140) and has some language to the effect of supporting my LCA and I-140 till my GC is approved. It also states that my current employer was able to afford to pay my salary since the LCA date. My employer is fortune 5 company so money wise there is no problem but my concern is that they may not want to sign such a lengthy (wordy) legal doc without consulting their Immi attorney. I don't have much time to respond (only 8 more days). So if my employer takes long time or tells me that they can not sign it, I want to be ready with Plan B. Can someone suggest what should I do?
1 - should I prepare a simple document with job duties, responsibilities, start date, salary etc that my employer will be willing to sign. So at last moment I can atleast get that signed. Something will be better than nothing.
2 - Should I / (bigger question is can I) ask USCIS to give me more time to respond to RFE?
3. Provide simple letter from employer with an affedavit or something stating that the new job is same / similar as the old job.
Sorry for a long post and thanks for any suggestions.
My attorney received an EVL RFE for my I-485 case. My PD is 2007 EB3 so I don't have any hope of getting GC but I guess they are just pre-adjucating my case.
Here is my situation - I filed my !-485 in Aug 2007 and changed job (without filing any AC-21 paperwork with USCIS) in April 2008. My attorney had looked at new job description and given green signal for change. My entire immigration history of 10 years in US is totally clean with no gaps and with all work autorizations.
Now, my concern is that the letter that my attorney has prepared for my current employer to sign has lot of legal lingo (AC-21 language, lot of CFRs, info related to my LCA and I-140) and has some language to the effect of supporting my LCA and I-140 till my GC is approved. It also states that my current employer was able to afford to pay my salary since the LCA date. My employer is fortune 5 company so money wise there is no problem but my concern is that they may not want to sign such a lengthy (wordy) legal doc without consulting their Immi attorney. I don't have much time to respond (only 8 more days). So if my employer takes long time or tells me that they can not sign it, I want to be ready with Plan B. Can someone suggest what should I do?
1 - should I prepare a simple document with job duties, responsibilities, start date, salary etc that my employer will be willing to sign. So at last moment I can atleast get that signed. Something will be better than nothing.
2 - Should I / (bigger question is can I) ask USCIS to give me more time to respond to RFE?
3. Provide simple letter from employer with an affedavit or something stating that the new job is same / similar as the old job.
Sorry for a long post and thanks for any suggestions.
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lunatic
05-17 07:39 PM
Wow. No offense prophet but your post would make all my english teachers turn gray. ;) Took me about 10 minutes just to understand it! Hope you don't use that kind of language on the site you are designing - or they might not take you seriously.
But back to topic - you will get hired for a paying job based on a combination of your talent, knowledge, and experience. Show them what you can do or have done. I've seen some amazing sites done by first-timers and some pretty crappy ones done by folk who have been flashing for awhile. Sites and site designers come in all flavors.
:hr:
But back to topic - you will get hired for a paying job based on a combination of your talent, knowledge, and experience. Show them what you can do or have done. I've seen some amazing sites done by first-timers and some pretty crappy ones done by folk who have been flashing for awhile. Sites and site designers come in all flavors.
:hr:
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JunRN
09-17 08:05 PM
NSC is following FIFO. As per , NSC is adjudicating June 15 EAD filers as of the moment. So approximately, it will take 90 days from RNs for us to receive our EAD. However, this doesn't take into account surge in July filings. So, my best guess is, 90 to 120 days!
needhelp!
09-19 08:07 AM
Camera battery still charging.. will upload some pics/videos soon :)
I was very impressed by the guy who sang the national anthem...who was he?? He was too good!!
And for all of Logiclife's detractors, you should have heard him speak yesterday!:) He is simply 3 good!:) he could have energized you, motivated you and prompted you to do more for our cause, by the way he spoke and what he spoke.
We're still talking about it at home and how good both of us felt to be a part of this movement. Can't wait to see more pix and videos!:)
I was very impressed by the guy who sang the national anthem...who was he?? He was too good!!
And for all of Logiclife's detractors, you should have heard him speak yesterday!:) He is simply 3 good!:) he could have energized you, motivated you and prompted you to do more for our cause, by the way he spoke and what he spoke.
We're still talking about it at home and how good both of us felt to be a part of this movement. Can't wait to see more pix and videos!:)
vjkypally
03-26 12:39 AM
can you please let me know what RFE was about, PM me if you dont want it to be public.Its more than 7 months for me too.Applied : Jul 7, 2007
RD: Jul 13, 2007
RFE: Mar 6, 2008
Yet to reply to RFE..
RD: Jul 13, 2007
RFE: Mar 6, 2008
Yet to reply to RFE..