gapala
03-21 09:56 AM
OK. loud and clear Desi :D
Now, I have provided the reference to part of AC21 law with my interpretation, which allows visa portability (unofficially known as transfer) from one sponsor to another and excempt from numeric limits.
All I hear is "incorrect", "wrong" followed by individual interpretation or opinion. I respect all disagreement part, Which may be/not be accurate. Why don't you quantify your comments with references to law or CIS memo? Don't you think discussion need to be healthy and fair?
Now, I have a lot of filthy and rediculous offensive messages on the discussion threads with reds, which I would not like to post in public. If this is what our anonymous so called "highly skilled" can bring to the table, then I am speachless.
Now, I have provided the reference to part of AC21 law with my interpretation, which allows visa portability (unofficially known as transfer) from one sponsor to another and excempt from numeric limits.
All I hear is "incorrect", "wrong" followed by individual interpretation or opinion. I respect all disagreement part, Which may be/not be accurate. Why don't you quantify your comments with references to law or CIS memo? Don't you think discussion need to be healthy and fair?
Now, I have a lot of filthy and rediculous offensive messages on the discussion threads with reds, which I would not like to post in public. If this is what our anonymous so called "highly skilled" can bring to the table, then I am speachless.
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desi3933
03-23 09:53 AM
Desi,
Time and again I have noticed that you backed your suggestions with relevant documents. I for one, commend you for the work you do on this forum. I was almost thinking this case might set a precedent for dormant H1B, but apparently not. The other information that you provided on the other forum that was completely new to me was, when you pulled out the document regarding GC for the child of permanent resident born abroad.
Thank you for good work.
Thanks so much for your kind words of appreciation.
I believe in sharing my limited knowledge of immigration laws and cases with fellow legal immigrants.
________________________
US citizen of Indian origin
Time and again I have noticed that you backed your suggestions with relevant documents. I for one, commend you for the work you do on this forum. I was almost thinking this case might set a precedent for dormant H1B, but apparently not. The other information that you provided on the other forum that was completely new to me was, when you pulled out the document regarding GC for the child of permanent resident born abroad.
Thank you for good work.
Thanks so much for your kind words of appreciation.
I believe in sharing my limited knowledge of immigration laws and cases with fellow legal immigrants.
________________________
US citizen of Indian origin
dsva
07-01 12:22 PM
Earlier today I got an email from USCIS that said
"Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Card production ordered.
On June 29, 2008, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register."
Then by the evening my I-485 said
"Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Notice mailed welcoming the new permanent resident.
On June 30, 2008, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before you get your new card call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register."
Problem My EB2 PD is not current, is this a system glitch or did I get GC?
Here are my stats
PD 2007/ India
Arrived on H4 Sept 1997
Change to F1 Jan 1999
Change to H1B Sept 2004
Applied extension Sept 2007
Applied for PERM June 2007
PERM Approved June 2007 EB-2 (approval in 4 days)
filed I-140, I-485 in the July madness
I-140 RFE March 2008
I-140 Approved May 2008
I-485 RFE May 2008
I-485 Approved June 30, 2008
What is the PD on your approved I-140?
"Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Card production ordered.
On June 29, 2008, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register."
Then by the evening my I-485 said
"Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Notice mailed welcoming the new permanent resident.
On June 30, 2008, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before you get your new card call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register."
Problem My EB2 PD is not current, is this a system glitch or did I get GC?
Here are my stats
PD 2007/ India
Arrived on H4 Sept 1997
Change to F1 Jan 1999
Change to H1B Sept 2004
Applied extension Sept 2007
Applied for PERM June 2007
PERM Approved June 2007 EB-2 (approval in 4 days)
filed I-140, I-485 in the July madness
I-140 RFE March 2008
I-140 Approved May 2008
I-485 RFE May 2008
I-485 Approved June 30, 2008
What is the PD on your approved I-140?
2011 However, the cover of next
EndlessWait
01-23 11:05 PM
I�ve been laid off as of Friday last week.
My employer started laying off people an year ago and there were too many cycles so far. I was immune to all those layoffs until Friday. They eliminated everybody in my team, 15 people in total.
I am in the final stage of my GC and I have 2 year EAD. My H1 is expiring in March and my (ex) employer already paid my Attorney for the 3 year extension. They have decided to extend my H1 and paid for the expenses. But in the mean time, they were forced by the investors to show profitability and hence the layoffs.
My (ex) employer is based in Massachusetts and my Labor Certification was done from this location.
I have received job offers from some of my employer�s clients. However, they are based in other States (CO, OH & WA for instance) and they might not be able to do my H1. One of them is interested in hiring me on a contract basis, since they had frozen new hiring.
Is taking a job outside of Massachusetts impact my pending I-485? or Will it violate my Labor Certification conditions? I couldn�t find an answer for this anywhere.
Also, can I take contract jobs for the time being?
I sent out an email to my Attorney with all these questions. But, he is not available until Tuesday next week.
Please post your answers, comments and suggestions.
Thanks!
i work in mass too and i'm facing a similar situation..i'vent sent u a pm . pls look at it
My employer started laying off people an year ago and there were too many cycles so far. I was immune to all those layoffs until Friday. They eliminated everybody in my team, 15 people in total.
I am in the final stage of my GC and I have 2 year EAD. My H1 is expiring in March and my (ex) employer already paid my Attorney for the 3 year extension. They have decided to extend my H1 and paid for the expenses. But in the mean time, they were forced by the investors to show profitability and hence the layoffs.
My (ex) employer is based in Massachusetts and my Labor Certification was done from this location.
I have received job offers from some of my employer�s clients. However, they are based in other States (CO, OH & WA for instance) and they might not be able to do my H1. One of them is interested in hiring me on a contract basis, since they had frozen new hiring.
Is taking a job outside of Massachusetts impact my pending I-485? or Will it violate my Labor Certification conditions? I couldn�t find an answer for this anywhere.
Also, can I take contract jobs for the time being?
I sent out an email to my Attorney with all these questions. But, he is not available until Tuesday next week.
Please post your answers, comments and suggestions.
Thanks!
i work in mass too and i'm facing a similar situation..i'vent sent u a pm . pls look at it
more...
mheggade
07-15 05:26 PM
Thanks for the post. However I read testimony that said more than 80% of EB visas have been used up. That leaves only 28k (20% of 140k) at most as spill over for Fiscal 2008. Thoughts?
My understanding is they wait until last quarter to give the spill over. But this time they started giving the numbers in 3rd quarter itself. Keep in mind EB1 is current and Eb2 except I and C is still current.
I expect to see at least 20k visa's issued to EB2 I and C.
My understanding is they wait until last quarter to give the spill over. But this time they started giving the numbers in 3rd quarter itself. Keep in mind EB1 is current and Eb2 except I and C is still current.
I expect to see at least 20k visa's issued to EB2 I and C.
prince_charming
09-12 07:08 PM
What are we supposed to do now?? we should make this an IV campaign issue. USCIS is not following the rules set by congress. AC-21 is the law and USCIS is not following the law and causing hassel to the legal immigrant community. The legal immigrant community should really do something about this.
I will wait for Denial notice. My attorney might get it mid next week if USCIS send it today.
I don't know if anyone has been through this situation before.... I want to know if they filed MTR and case got reopened?
I will wait for Denial notice. My attorney might get it mid next week if USCIS send it today.
I don't know if anyone has been through this situation before.... I want to know if they filed MTR and case got reopened?
more...
mihird
07-05 08:28 AM
Isn't that good news? Atleast we wont have to redo the medical exams if that were true.. Or do you think this is a strategic move by USCIS to be immune from any lawsuits?
I have always been of the opinioin, that the most correct thing for the USCIS to do at this point is to not return the applications, but hold them until Oct. When the window technically re-opens, just swallow everything that is on hold - the window technically only needs to open for a few seconds for that to happen.
The other thing they should also do is accept all 485 applications till the end of July and process them likewise.
Giving everyone EAD/AP benefits does not hurt....they can then line up all the 500-700K people and issue the green cards as per visa number/PD/RD availability...
I have always been of the opinioin, that the most correct thing for the USCIS to do at this point is to not return the applications, but hold them until Oct. When the window technically re-opens, just swallow everything that is on hold - the window technically only needs to open for a few seconds for that to happen.
The other thing they should also do is accept all 485 applications till the end of July and process them likewise.
Giving everyone EAD/AP benefits does not hurt....they can then line up all the 500-700K people and issue the green cards as per visa number/PD/RD availability...
2010 Portal 2 (PS3)
ssingh92
06-12 06:42 PM
First - EB2s stop replying posts that were written in frustration and you understand why, They will not affect and take away your GC. Since you are not frustrated you have to start first.
Second - EB3s - Frustration will never bring you anything and you can not move PD faster. Instead capatialize the situation that EB2s are getting GC. How you have to think and focus.
I can give my example. I made network of some who got GC and have some influence in recruiting. After working 9 years for a big Pharma and got layed off, My one buddy got GC long back in EB2 , helped me and received job through him though I have to drive 220miles everyday.
Am I frustrated yes!! More than anybody else here but has to calm down and think positivily.
Hope my post will help you to reduce some frustration.
Second - EB3s - Frustration will never bring you anything and you can not move PD faster. Instead capatialize the situation that EB2s are getting GC. How you have to think and focus.
I can give my example. I made network of some who got GC and have some influence in recruiting. After working 9 years for a big Pharma and got layed off, My one buddy got GC long back in EB2 , helped me and received job through him though I have to drive 220miles everyday.
Am I frustrated yes!! More than anybody else here but has to calm down and think positivily.
Hope my post will help you to reduce some frustration.
more...
485Mbe4001
07-19 12:24 PM
:) i understand your point and agree a bit, but gandhi wasnt into programming, he would have been sucessful no matter where he went. He had a unique vision, personality etc. we are average people with school going kids (try asking a 10 year old to learn 2 new languages all of a sudden and pass that subject in class) trying to establish ourselves somewhere. i mean if we have to go back we will and we will adjust and succeed.
the only thing that holds us back is...do we want to give up after waiting so long (8yrs in my case) and once we leave, we have effectively lost our position in the GC line...sort of no turning back.
I am in my late 20's and am going to finish my 7th year next month...you decide how many feet of water I am in..:rolleyes: Meanwhile I totally understand your argument that the situation is the most frustrating for people who have been here the longest. I'd say sharpen you swimming skills and then it wouldn't matter how deep the water is or how tall you are....I's say stick with it and endure hardship if you value the end result (GC ofcourse). Even if you decide to go back...whatever your age/experience be...never forget its never too late..Gandhi was 46 years old when he returned to India from SA after spending 22 years there..Still wasn't too late for him to start a revolution now... or was it ?:)
May be you might also want to change your handle...GCby3000 doesn't sound that optimistic
the only thing that holds us back is...do we want to give up after waiting so long (8yrs in my case) and once we leave, we have effectively lost our position in the GC line...sort of no turning back.
I am in my late 20's and am going to finish my 7th year next month...you decide how many feet of water I am in..:rolleyes: Meanwhile I totally understand your argument that the situation is the most frustrating for people who have been here the longest. I'd say sharpen you swimming skills and then it wouldn't matter how deep the water is or how tall you are....I's say stick with it and endure hardship if you value the end result (GC ofcourse). Even if you decide to go back...whatever your age/experience be...never forget its never too late..Gandhi was 46 years old when he returned to India from SA after spending 22 years there..Still wasn't too late for him to start a revolution now... or was it ?:)
May be you might also want to change your handle...GCby3000 doesn't sound that optimistic
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svam77
07-21 10:00 PM
yea it is written but not in the secion of initial evidence ....
more...
panky72
09-22 10:48 PM
Just reporting what I saw on CNN. During the Sen. McCain interview with Judy Judy Woodruff & Richard Stengel, Richard asked something like - what about the green cards for the highly skilled immigrants educated by American Universities. To this Sen. McCain replied implying - they should be given green cards sooner, I am not sure if they could be given automatic green cards but the process should be faster.....
He said it not exactly in these words but implying something to that effect. They were suppose to ask Sen. Obama the exact same questions. Did anyone see Sen. Obama's answer to the question about green card for high skilled immigrants from Richard Stengel? Just curious....
I found this on shusterman's regarding obama's views on immigration. Looks like he is all for family based immigration but no mention about employment based.
http://shusterman.com/pdf/obama908.pdf
He said it not exactly in these words but implying something to that effect. They were suppose to ask Sen. Obama the exact same questions. Did anyone see Sen. Obama's answer to the question about green card for high skilled immigrants from Richard Stengel? Just curious....
I found this on shusterman's regarding obama's views on immigration. Looks like he is all for family based immigration but no mention about employment based.
http://shusterman.com/pdf/obama908.pdf
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akhilmahajan
02-19 12:29 PM
22,000 more letters.
come on folks lets keep this thread on the top.
folks please keep on helping as much as you can.
GO IV GO. TOGETHER WE CAN.
come on folks lets keep this thread on the top.
folks please keep on helping as much as you can.
GO IV GO. TOGETHER WE CAN.
more...
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sundevil
05-31 03:48 PM
Here is a more detailed analysis of "Lay on Table"
http://www.parlipro.org/table.htm
http://www.parlipro.org/table.htm
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immi2006
07-05 09:50 AM
So based on what you mentioned below :
Persons who sent their apps, now if they become curent in Oct, they will process those applications. And all others appls will be returned by Oct/Nov 2007 ?
Seems like folks have to wait in dark for 3 months ? are u sure about this ? or is it hearsay ?
I have always been of the opinioin, that the most correct thing for the USCIS to do at this point is to not return the applications, but hold them until Oct. When the window technically re-opens, just swallow everything that is on hold - the window technically only needs to open for a few seconds for that to happen.
The other thing they should also do is accept all 485 applications till the end of July and process them likewise.
Giving everyone EAD/AP benefits does not hurt....they can then line up all the 500-700K people and issue the green cards as per visa number/PD/RD availability...
Persons who sent their apps, now if they become curent in Oct, they will process those applications. And all others appls will be returned by Oct/Nov 2007 ?
Seems like folks have to wait in dark for 3 months ? are u sure about this ? or is it hearsay ?
I have always been of the opinioin, that the most correct thing for the USCIS to do at this point is to not return the applications, but hold them until Oct. When the window technically re-opens, just swallow everything that is on hold - the window technically only needs to open for a few seconds for that to happen.
The other thing they should also do is accept all 485 applications till the end of July and process them likewise.
Giving everyone EAD/AP benefits does not hurt....they can then line up all the 500-700K people and issue the green cards as per visa number/PD/RD availability...
more...
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ram04
05-25 03:56 PM
Thank you for contacting me regarding our nation's immigration policies. I appreciate hearing from you.
Immigration is the most contentious issue that I have worked on during my tenure in Congress. It is imperative that we first secure our borders and enforce our existing immigration laws before we attempt to implement comprehensive immigration reform. According to the Department of Homeland Security (DHS), just over 600 miles of border fence has been constructed along the Southwest border to date. In more remote areas, DHS is using tower-based integrated cameras and sensors, ground-based radar, mobile surveillance systems, and an unmanned aerial system. These initiatives are in addition to border patrol agents who are actively patrolling the areas.
I have consistently supported providing the Department of Homeland Security with the necessary tools they need to protect our country from those who seek to cross our borders illegally. For instance, in July 2009, I supported an amendment requiring the completion of 700 miles of double-layer physical fencing along the U.S.-Mexico border by December 31, 2010. This amendment follows through on the three-year-old promise made by Congress and the Department of Homeland Security to secure the border under previously passed legislation.
We must also address the illegal immigrants that are currently in our country. I will not support any proposal that provides amnesty or a path to citizenship for those that are currently here illegally. Additionally, I will continue to support programs like E-verify that provide employers with tools to verify whether or not current and prospective employees are legally allowed to work in the U.S. Since its inception in 1996, the E-Verify program has provided employers with a process to verify the work eligibility of new hires. E-Verify is free and more than 87,000 employers are enrolled in the program. According to U.S. Citizenship and Immigration Services, more than 1,000 employers voluntarily sign up to use E-Verify each week.
On July 8, 2009, the Senate passed H.R. 2892, the "Department of Homeland Security Appropriations Act, 2010." Included in this bill was an amendment, offered by Senator Sessions, which removed the sunset date on the E-Verify program, and requires federal contractors to participate in the E-Verify program. With my support, the Senate passed this amendment by voice vote. This program began September 8, 2009, and requires federal contractors to use the E-Verify system to check the immigration and citizenship status of new hire and those assigned to new federal contracts.
Immigration reform is one of the most important domestic issues facing our nation today. The President and Congress must work together to secure the border first. Once this is done, we can work to resolve the collateral issues. I believe we can get there, but we are not there yet.
If you would like to receive timely email alerts regarding the latest congressional actions and my weekly e-newsletter, please sign up via my web site at: www.chambliss.senate.gov . Please let me know whenever I may be of assistance.
Immigration is the most contentious issue that I have worked on during my tenure in Congress. It is imperative that we first secure our borders and enforce our existing immigration laws before we attempt to implement comprehensive immigration reform. According to the Department of Homeland Security (DHS), just over 600 miles of border fence has been constructed along the Southwest border to date. In more remote areas, DHS is using tower-based integrated cameras and sensors, ground-based radar, mobile surveillance systems, and an unmanned aerial system. These initiatives are in addition to border patrol agents who are actively patrolling the areas.
I have consistently supported providing the Department of Homeland Security with the necessary tools they need to protect our country from those who seek to cross our borders illegally. For instance, in July 2009, I supported an amendment requiring the completion of 700 miles of double-layer physical fencing along the U.S.-Mexico border by December 31, 2010. This amendment follows through on the three-year-old promise made by Congress and the Department of Homeland Security to secure the border under previously passed legislation.
We must also address the illegal immigrants that are currently in our country. I will not support any proposal that provides amnesty or a path to citizenship for those that are currently here illegally. Additionally, I will continue to support programs like E-verify that provide employers with tools to verify whether or not current and prospective employees are legally allowed to work in the U.S. Since its inception in 1996, the E-Verify program has provided employers with a process to verify the work eligibility of new hires. E-Verify is free and more than 87,000 employers are enrolled in the program. According to U.S. Citizenship and Immigration Services, more than 1,000 employers voluntarily sign up to use E-Verify each week.
On July 8, 2009, the Senate passed H.R. 2892, the "Department of Homeland Security Appropriations Act, 2010." Included in this bill was an amendment, offered by Senator Sessions, which removed the sunset date on the E-Verify program, and requires federal contractors to participate in the E-Verify program. With my support, the Senate passed this amendment by voice vote. This program began September 8, 2009, and requires federal contractors to use the E-Verify system to check the immigration and citizenship status of new hire and those assigned to new federal contracts.
Immigration reform is one of the most important domestic issues facing our nation today. The President and Congress must work together to secure the border first. Once this is done, we can work to resolve the collateral issues. I believe we can get there, but we are not there yet.
If you would like to receive timely email alerts regarding the latest congressional actions and my weekly e-newsletter, please sign up via my web site at: www.chambliss.senate.gov . Please let me know whenever I may be of assistance.
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Macaca
09-17 02:27 PM
Some people hear
their own inner voices
with great clearness.
And they live by what they hear.
Such people become crazy ...
or they become legend
Jim Harrison, Legend of the Falls
their own inner voices
with great clearness.
And they live by what they hear.
Such people become crazy ...
or they become legend
Jim Harrison, Legend of the Falls
more...
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widad2020
07-14 11:12 AM
not necessarily.Level III can also be EB2.
http://www.hooyou.com/news/news080406perm.html
Current Developments on Prevailing Wage Determination
Along with the implementation of the PERM system, there were changes made to the Prevailing Wage Determination (PWD) process. The new PWD has a four level hierarchy where the first level is the lowest level. The prevailing wage is the minimum wage required that the employer must meet as determined by the State Wage Determination officials. The prevailing wage varies from state to state, as different State Workforce Agencies may determine the prevailing wage differently. After the adoption of the 4 level prevailing wage hierarchy, people have been worried that occupations requiring a master�s degree might be put in the highest level of the hierarchy. In our practice of cases for positions requiring a master�s degree, with an experience requirement of 2 years the PWD level has usually been set at the second level. Only for those senior positions specified by the job description or other management positions will the PW be bumped to the third or fourth level. As a result, as long as there is an experienced attorney who can make an effective design, the prevailing wage may be kept within a certain range.
If you scan the PERM data from fldatacenter. There are approx 3200 EB2-I (wage level IV)certified labors for PD up until 06/01/2006. Not sure about BEC certified labors. Based on the perm data ,DOS just needs approx 10000 visa number to clear the EB2-I PERM cases. I think DOS is right on.
Note: some of you have considered Level III in their calculation which is not correct. Because I am EB2 and my Labor says level IV for wage level.
http://www.hooyou.com/news/news080406perm.html
Current Developments on Prevailing Wage Determination
Along with the implementation of the PERM system, there were changes made to the Prevailing Wage Determination (PWD) process. The new PWD has a four level hierarchy where the first level is the lowest level. The prevailing wage is the minimum wage required that the employer must meet as determined by the State Wage Determination officials. The prevailing wage varies from state to state, as different State Workforce Agencies may determine the prevailing wage differently. After the adoption of the 4 level prevailing wage hierarchy, people have been worried that occupations requiring a master�s degree might be put in the highest level of the hierarchy. In our practice of cases for positions requiring a master�s degree, with an experience requirement of 2 years the PWD level has usually been set at the second level. Only for those senior positions specified by the job description or other management positions will the PW be bumped to the third or fourth level. As a result, as long as there is an experienced attorney who can make an effective design, the prevailing wage may be kept within a certain range.
If you scan the PERM data from fldatacenter. There are approx 3200 EB2-I (wage level IV)certified labors for PD up until 06/01/2006. Not sure about BEC certified labors. Based on the perm data ,DOS just needs approx 10000 visa number to clear the EB2-I PERM cases. I think DOS is right on.
Note: some of you have considered Level III in their calculation which is not correct. Because I am EB2 and my Labor says level IV for wage level.
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ak_2006
06-03 04:23 PM
I sent mail today.
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gc_chahiye
06-26 12:07 PM
64 Ayes, 35 Nos
the battle begins again... :(
the battle begins again... :(
mbawa2574
12-10 01:41 PM
Put in a modest membership as $250 a year or $25/month. No trial memberships or free rides. That way you will really know the serious members and we will able to verify anti-immigrants vs the actual people. Let's go PAID !!! Also please plan on considering web advertisements on this website as another source of funding the movement.
eb3stuck
07-01 05:22 PM
Eng and Nishimura is the Law firm I would recommend for their efficiency,prompt communication and response.They slogged thru last Friday and Saturday making sure that all eligible applicants 485 packets reach by July 02nd.I would strongly recommend them.
http://www.engnishimura.com/ for details
http://www.engnishimura.com/ for details
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