JA1HIND
04-22 01:29 PM
File a BBB case..but make sure you are absolutely sure Company is at fault...if its just money..
i guess u have to take a "hit".. but if they have violated ur rights in any way..u should pursue all possible options of getting justice.
is that a desi consultant!
I think we need to create a site of all desi consultants and rate them.. discretely.;-)
I am sure below copied my URL will help lot of other folks who would like to know how much employer list $$ amount in their individual LCA, who is the owner of the company, how many LCA are filed from this company for that year etc...:D
in the employer field, search by "employer name" and see the magic...and once you get to the details section look for " designated_first_name" and " designated_last_name" will tell you who the owner of the company is some more details of your interest....LOL!! :p
http://www.h1b.info/lca_search.php
i guess u have to take a "hit".. but if they have violated ur rights in any way..u should pursue all possible options of getting justice.
is that a desi consultant!
I think we need to create a site of all desi consultants and rate them.. discretely.;-)
I am sure below copied my URL will help lot of other folks who would like to know how much employer list $$ amount in their individual LCA, who is the owner of the company, how many LCA are filed from this company for that year etc...:D
in the employer field, search by "employer name" and see the magic...and once you get to the details section look for " designated_first_name" and " designated_last_name" will tell you who the owner of the company is some more details of your interest....LOL!! :p
http://www.h1b.info/lca_search.php
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sreeanne
11-21 10:11 AM
I was stunned by seeing this thread. my heartfull blessings for you and your family to handle this situation.
I am not sure how things works. But couple of months back i read somethings in the below line.
There is an organization working for people like you in immigration process. This org started post 9/11. As there were lots of people died then and their spouses dont want to back to their countries and want to live here etc etc. There is a way in IMMIGRATION where IF spouse want to stay where their partners dies due to their memories , they can grant some kind of visa or status. I read this long back. may be you can try that way and as always good lawyer help is needed to go through.
Once again, god bless you and your family
I am not sure how things works. But couple of months back i read somethings in the below line.
There is an organization working for people like you in immigration process. This org started post 9/11. As there were lots of people died then and their spouses dont want to back to their countries and want to live here etc etc. There is a way in IMMIGRATION where IF spouse want to stay where their partners dies due to their memories , they can grant some kind of visa or status. I read this long back. may be you can try that way and as always good lawyer help is needed to go through.
Once again, god bless you and your family
dontcareanymore
07-28 12:48 AM
1) First of all this is not the response to just the quoted post, but many on the same lines, especially from delax and others.
2)I believe that that whole process is so screwed up that it is never fair and never will be. Irrespective of what Eb3s hope for and try , Eb2 folks are going to get their GCs and Eb3s will have to wait until stars align for them.
3) I don't really care one way or other , because what you wish,hope or try to do will have no bearing on the outcome.
<Those who think 2 year EADs are because of your letters , stay in the dreamland - ignorance is bliss >
4) I am really happy for Eb2 folks (No way jealous) , just pissed by some attitude here.
Now that I have the disclaimers out of the way, Here is what I have to say:
Why the heck you never made the argument that "law is law" and "There is no compassion" before law crap when you were retrogressed ?
What happened to what law says , when attempts were made to grab visas from ROW with the same "It is not fair" argument ?
What is the yardstick for EB2 ? It is just what your employer says it is. I know so many in body shops with Eb2 apps while others languish in Eb3 queue.
You can't extend the logic to all EB1 categories. At least in some of the EB categories one has to have published research work in peer reviewed journals.
Will give you an example :
Know some one who came here as postdoc with PHD in life sciences (zoology) and self filed for GC EB1and now runs an Indian grocery just after being in job for less than a year. How do you justify that GC is in the interest of US than a person who is working in a company for 10 years ?
It is true that the original number is broken up equally among all categories but the INA clearly states that if the demand within a category is not sufficient to use up all the visas in that category then the excess should be made available without any regard to country limit in that category. Here's a fact from the July bulletin - not an opinion:
There have been questions raised regarding the way numbers have been provided to the China and India in the Employment Second preference categories beginning in April. Section 202(a)(5) of the Immigration and Nationality Act states that if total demand for visas in an Employment preference category is insufficient to use all available visa numbers in that category in a calendar quarter, then the unused numbers may be made available without regard to the annual per-country limit. (For example: If the second preference annual limit were 40,000, number use by “All Other Countries” were estimated to be only 25,000, and the China/India combined number use based on their per-country limits were 6,000, then there would be 9,000 numbers unused. Those 9,000 numbers could then be made available to China and India applicants without regard to their per-country limits.)
I dont buy the argument that length of wait (as implied in the letter) should determine eligibility for approval disregarding the clear categorization established by law AFTER the initial handout is made on an equal basis. I have always maintained that any logic used to justify shifting visas between EB2 and EB3 purely based on the length of wait can also easily be used between EB2 and EB1. The fact that EB1 has never retrogressed does not matter. Unfortunately LAW is an absolute entity - there is no compassionate interpretation in civil and common law.
If a EB3-2002 is approved before EB2-2004 purely based on length of wait and ignoring the categorization after the initial handout then the same logic or rationale can be used to approve EB2-2004 before EB1-2007 by 'holding back' the visa from the EB1 candidate and giving it to EB2.
I dont think either of us is interested in going down the path of EB2 versus EB3 but to the extent this letter implies/attempts to do that, it is detrimental to the functioning of this group. Cheers
2)I believe that that whole process is so screwed up that it is never fair and never will be. Irrespective of what Eb3s hope for and try , Eb2 folks are going to get their GCs and Eb3s will have to wait until stars align for them.
3) I don't really care one way or other , because what you wish,hope or try to do will have no bearing on the outcome.
<Those who think 2 year EADs are because of your letters , stay in the dreamland - ignorance is bliss >
4) I am really happy for Eb2 folks (No way jealous) , just pissed by some attitude here.
Now that I have the disclaimers out of the way, Here is what I have to say:
Why the heck you never made the argument that "law is law" and "There is no compassion" before law crap when you were retrogressed ?
What happened to what law says , when attempts were made to grab visas from ROW with the same "It is not fair" argument ?
What is the yardstick for EB2 ? It is just what your employer says it is. I know so many in body shops with Eb2 apps while others languish in Eb3 queue.
You can't extend the logic to all EB1 categories. At least in some of the EB categories one has to have published research work in peer reviewed journals.
Will give you an example :
Know some one who came here as postdoc with PHD in life sciences (zoology) and self filed for GC EB1and now runs an Indian grocery just after being in job for less than a year. How do you justify that GC is in the interest of US than a person who is working in a company for 10 years ?
It is true that the original number is broken up equally among all categories but the INA clearly states that if the demand within a category is not sufficient to use up all the visas in that category then the excess should be made available without any regard to country limit in that category. Here's a fact from the July bulletin - not an opinion:
There have been questions raised regarding the way numbers have been provided to the China and India in the Employment Second preference categories beginning in April. Section 202(a)(5) of the Immigration and Nationality Act states that if total demand for visas in an Employment preference category is insufficient to use all available visa numbers in that category in a calendar quarter, then the unused numbers may be made available without regard to the annual per-country limit. (For example: If the second preference annual limit were 40,000, number use by “All Other Countries” were estimated to be only 25,000, and the China/India combined number use based on their per-country limits were 6,000, then there would be 9,000 numbers unused. Those 9,000 numbers could then be made available to China and India applicants without regard to their per-country limits.)
I dont buy the argument that length of wait (as implied in the letter) should determine eligibility for approval disregarding the clear categorization established by law AFTER the initial handout is made on an equal basis. I have always maintained that any logic used to justify shifting visas between EB2 and EB3 purely based on the length of wait can also easily be used between EB2 and EB1. The fact that EB1 has never retrogressed does not matter. Unfortunately LAW is an absolute entity - there is no compassionate interpretation in civil and common law.
If a EB3-2002 is approved before EB2-2004 purely based on length of wait and ignoring the categorization after the initial handout then the same logic or rationale can be used to approve EB2-2004 before EB1-2007 by 'holding back' the visa from the EB1 candidate and giving it to EB2.
I dont think either of us is interested in going down the path of EB2 versus EB3 but to the extent this letter implies/attempts to do that, it is detrimental to the functioning of this group. Cheers
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ssa
07-28 12:04 AM
No one can realistically claim a moral high ground here - neither EB2 nor EB3. and that includes me too! Each one of us here are looking for self interest, period. No amount of calls to empathy/sympathy/solidarity will change that.
For example, I'll get behind the whole "restore the old overflow logic for EB3" campaign in a heartbeat if we can have a consensus that EB3 will share the resulting overflow with EB3 other workers category too. EB3 other workers category is typically in worse shape than EB3-I so all the arguments presented here for EB3 (length of wait and frustration, unfairness of it all etc.) apply equally or more to the EB3 other workers. Any takers for this proposal?
So please see all this for what it is and stop the endless debate. You can not realistically expect EB2s to support any campaign that directly harm their interests. EB3s of course have every right to run whatever campaign they wish but also accept that it *will* split active IV membership (rare as it is) along those lines vertically. That's why the calls to stick to "common minimum program" of visa re-capture. Only those campaigns that don't have conflict of interests will be able to draw whole IV membership behind them. It's human nature - plain and simple.
For example, I'll get behind the whole "restore the old overflow logic for EB3" campaign in a heartbeat if we can have a consensus that EB3 will share the resulting overflow with EB3 other workers category too. EB3 other workers category is typically in worse shape than EB3-I so all the arguments presented here for EB3 (length of wait and frustration, unfairness of it all etc.) apply equally or more to the EB3 other workers. Any takers for this proposal?
So please see all this for what it is and stop the endless debate. You can not realistically expect EB2s to support any campaign that directly harm their interests. EB3s of course have every right to run whatever campaign they wish but also accept that it *will* split active IV membership (rare as it is) along those lines vertically. That's why the calls to stick to "common minimum program" of visa re-capture. Only those campaigns that don't have conflict of interests will be able to draw whole IV membership behind them. It's human nature - plain and simple.
more...
gauravsh
09-10 10:13 AM
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InTheMoment
06-14 03:46 PM
Can you all tell which state you applied from?
As per the bispecialization phase III of USCIS, I-485 applicants from eastern and southern states are processed at SRC (TX) while western and northern at LIN (NE).
Let's verify whether this stands true...those who got their receipts can verify.
As per the bispecialization phase III of USCIS, I-485 applicants from eastern and southern states are processed at SRC (TX) while western and northern at LIN (NE).
Let's verify whether this stands true...those who got their receipts can verify.
more...
cjain
11-01 05:42 PM
i work for big company...and i have paystubs...
in essense...what you are saying is that if one has paystubs that one can change after the 180 day period even if 140 is not approved...
i am beginning to see light at the end of the tunnel...:D
in essense...what you are saying is that if one has paystubs that one can change after the 180 day period even if 140 is not approved...
i am beginning to see light at the end of the tunnel...:D
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pani_6
09-09 09:12 PM
Assume that we convert to EB2 from next week..how long would it take to get to the I-485 stage.??..given an ideal scenario of no audits..PERM 3-6 months and I-1140 can we expidite??. in 15 days..
Please help with answers..:)
Please help with answers..:)
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Sachin_Stock
09-09 11:07 PM
Eb3-I would move much slower then snail's pace.
My PD is Jan 04, so I am not sure how many years would it take for my PD to be current. :(
My PD is Jan 04, so I am not sure how many years would it take for my PD to be current. :(
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shantak
08-25 07:44 PM
Applied July 11th reached 12th NSC. I-140 approved from Texas, 08/12/2007 LUD on I-140. No receipts yet. No idea checks have been cashed or not (attorneys checks)
more...
anil_gc
08-09 10:37 AM
Anil,
Did you notice any change in the LUD of your pending or previously approved cases??
No, I have not created an online account
Did you notice any change in the LUD of your pending or previously approved cases??
No, I have not created an online account
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Hassan11
07-21 04:18 PM
received by USCIS on 06/30/08
Soft LUD 07/01/2008
EAD expires 09/07/08
Soft LUD 07/01/2008
EAD expires 09/07/08
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GCBy3000
05-03 05:14 PM
Section 205. Retaining Workers Subject to Green Card Backlog.
* Allows foreign workers who have started the green card process, but who are subject to green card backlogs, to pay a $500.00 supplemental fee to file an application to adjust status. This change would enable foreign workers to remain in the U.S. until the green card becomes available.
If above is the case, then AC21 could be used by anyone who files for AOS.
* Allows foreign workers who have started the green card process, but who are subject to green card backlogs, to pay a $500.00 supplemental fee to file an application to adjust status. This change would enable foreign workers to remain in the U.S. until the green card becomes available.
If above is the case, then AC21 could be used by anyone who files for AOS.
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phillyag
08-25 01:47 PM
No I did not...the date before it was of back in 2008.
My PD is Jan-17-2006 at NSC.
I got another soft LUD today but no change to my 485 status.
What does this mean ? I already got my approved EAD card 2 weeks back and the only thing pending is the 485 application.
My PD is Jan-17-2006 at NSC.
I got another soft LUD today but no change to my 485 status.
What does this mean ? I already got my approved EAD card 2 weeks back and the only thing pending is the 485 application.
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dtekkedil
07-03 12:11 PM
Wouldn't hurt!
Is there any way that we can easily let people see the link and the message etc? Instead of quoting it on every page?
Is there any way that we can easily let people see the link and the message etc? Instead of quoting it on every page?
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sanhari
07-21 11:24 AM
Use this forum strictly for discussions on support of EB spillover usage based on priority date. Others please look for other appropriate forums for your discussion. Not meant to hurt anybody's feelings, but to keep focused on the purpose of this forum.
more...
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unitednations
08-25 03:18 AM
Is it possible for an administrative fix at the USCIS where the H-1B worker doesn't fall out of status immediately on losing his/her job? Or would such a provision require a law to be passed by the Congress?
A grace period of say 3 months to look for a job, or to pack up and leave, would relieve the pressure on the laid off H-1B worker and reduce incidents of system abuse.
If this can be done at the USCIS, perhaps we can write to the Obudsman and also to the USCIS director/associate directors. This is an important issue in this economy. I will be happy to draft a letter.
Good intention but this type of information by telling legislators actually hurts the cause. You want people to remain in USA but not complying with the visas.
Pre 9/11 when the economy was slowing down and there were layoffs; there was a memo from uscis that they would be lenient in transfer cases (give a period of a couple of months without paystubs). However; everything changed in 2002/2003 when INS went to 0 tolerance policy (ashcroft had a press conference saying this). That is when things started to change. The memo has since been rescinded (ie., zero tolerance policy).
A grace period of say 3 months to look for a job, or to pack up and leave, would relieve the pressure on the laid off H-1B worker and reduce incidents of system abuse.
If this can be done at the USCIS, perhaps we can write to the Obudsman and also to the USCIS director/associate directors. This is an important issue in this economy. I will be happy to draft a letter.
Good intention but this type of information by telling legislators actually hurts the cause. You want people to remain in USA but not complying with the visas.
Pre 9/11 when the economy was slowing down and there were layoffs; there was a memo from uscis that they would be lenient in transfer cases (give a period of a couple of months without paystubs). However; everything changed in 2002/2003 when INS went to 0 tolerance policy (ashcroft had a press conference saying this). That is when things started to change. The memo has since been rescinded (ie., zero tolerance policy).
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simple1
05-02 01:15 AM
Thanks to basha for asking question to an attorney. Hopefully Ron answers it.
Thanks to vbkris77 for posting it in this thread.
VB Core,
Is it possible to get a quick clarification from a forum-attorney ?
I saw someone already asking this question in Ron Gotcher's immigration forum.
http://www.immigration-information.com/forums/showthread.php?t=7988
That is a good thing. Lets keep our fingers crossed.
Thanks to vbkris77 for posting it in this thread.
VB Core,
Is it possible to get a quick clarification from a forum-attorney ?
I saw someone already asking this question in Ron Gotcher's immigration forum.
http://www.immigration-information.com/forums/showthread.php?t=7988
That is a good thing. Lets keep our fingers crossed.
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diptam
08-18 03:53 PM
Hi SunnySurya,
Good to know that you are still working on that lawsuit ( as a covert operation rather than arguing with other IV ians) but that makes everyone of us feel shaky in joining hands with you in this issue as well.
The moment (not the day) your interests will get done you will leave hands in this coalition...... Or are you just trying to exploit/leverage someone's 'English writing Skill' or may be use the "IV platform" to use it in own advantage ??
Look - i've nothing personal with you or against you but i do NOT want to join hands with someone who harbors/nurtures "Divisive Thoughts" in small technical matters like EB2 and EB3 ...
Thanks and Good Luck !
Just want to let you know that I am still VERY MUCH against porting. But neither that is the issue we are handling here nor the other issue is as urgent as this one.
Good to know that you are still working on that lawsuit ( as a covert operation rather than arguing with other IV ians) but that makes everyone of us feel shaky in joining hands with you in this issue as well.
The moment (not the day) your interests will get done you will leave hands in this coalition...... Or are you just trying to exploit/leverage someone's 'English writing Skill' or may be use the "IV platform" to use it in own advantage ??
Look - i've nothing personal with you or against you but i do NOT want to join hands with someone who harbors/nurtures "Divisive Thoughts" in small technical matters like EB2 and EB3 ...
Thanks and Good Luck !
Just want to let you know that I am still VERY MUCH against porting. But neither that is the issue we are handling here nor the other issue is as urgent as this one.
madhuvj
09-17 02:33 PM
GCStatus did not mention anything about Labor or I-140 fees here. Nor did he mention, he paid them.
He refers to all the DOLLARS he has paid for , which means, all EAD and AP renewals ( For self and spouse) , Additional Lawyer fees incase of incorrect NOID, additional Bio-Metrics fees.
Wait till you hear the actual Lawsuit. Long way to go. But your post helped us to clarify what we are talking about to rest of the folks like you, incase, they misinterpreted the information.
Thanks to you.
MadhuVJ
As an employee, Except for the 485 filing, you are not supposed to pay for anything for the GC. The company that sponsers you pays for all that.
It is illigal for an employee to pay for the GC process.
I am not sure what you are trying to get. Are you going to write a letter to USCIS that you commited an illigal act? And you want to involve bunch of people along with you?
I am utterly confused here.
He refers to all the DOLLARS he has paid for , which means, all EAD and AP renewals ( For self and spouse) , Additional Lawyer fees incase of incorrect NOID, additional Bio-Metrics fees.
Wait till you hear the actual Lawsuit. Long way to go. But your post helped us to clarify what we are talking about to rest of the folks like you, incase, they misinterpreted the information.
Thanks to you.
MadhuVJ
As an employee, Except for the 485 filing, you are not supposed to pay for anything for the GC. The company that sponsers you pays for all that.
It is illigal for an employee to pay for the GC process.
I am not sure what you are trying to get. Are you going to write a letter to USCIS that you commited an illigal act? And you want to involve bunch of people along with you?
I am utterly confused here.
cjain
11-02 11:18 AM
I was confident on this before, you have just made me super confident.
I have been saying all along that one can get a same/similar job after 180 days irrespective of the whether I-140 was approved or not. I don't know why some people / lawyers spread so much mis-information on this topic.
I have been saying all along that one can get a same/similar job after 180 days irrespective of the whether I-140 was approved or not. I don't know why some people / lawyers spread so much mis-information on this topic.
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