raj3078
10-24 04:34 PM
As we get closer to election day it seems that Democrats will have control of the Congress. All the polls that have been and are being conducted show that the Democrats are leading the Republicans by double digits.
If Democrats win the CIR will get through but the there will be a huge backlog as there arent enough people at USCIS to do the work, which in a way is retrogession. There will be relief for people with advanced degrees but on paper only.As it will still take years for their paperwork to get through USCIS, others will be in a worse situation as the waiting line would be huge.
If Republicans win there will be no CIR as pointed out by others in the thread. However, SKIL might get through and that will help shorten the waiting period for people without advanced degrees.
Based on my analysis (which might be completely wrong), I think we are better off with Republicans.
Dude,
At least with DEMS there is close to surety of passing one Immigration Bill even if it is CIR.... With REPs, we will never see any bill the light of day... Not sure which world you live in but check out numbersusa site and you will see how they are trying to decrease the immigration - legal or illegal alike.... So while Skill will go through Senate, it will be again blocked in house like it was in Dec2005........ So bottomline is that I would rather have some bill passed and have a hope in sight than no bill and never know if one will ever get GC
If Democrats win the CIR will get through but the there will be a huge backlog as there arent enough people at USCIS to do the work, which in a way is retrogession. There will be relief for people with advanced degrees but on paper only.As it will still take years for their paperwork to get through USCIS, others will be in a worse situation as the waiting line would be huge.
If Republicans win there will be no CIR as pointed out by others in the thread. However, SKIL might get through and that will help shorten the waiting period for people without advanced degrees.
Based on my analysis (which might be completely wrong), I think we are better off with Republicans.
Dude,
At least with DEMS there is close to surety of passing one Immigration Bill even if it is CIR.... With REPs, we will never see any bill the light of day... Not sure which world you live in but check out numbersusa site and you will see how they are trying to decrease the immigration - legal or illegal alike.... So while Skill will go through Senate, it will be again blocked in house like it was in Dec2005........ So bottomline is that I would rather have some bill passed and have a hope in sight than no bill and never know if one will ever get GC
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snathan
02-10 10:30 AM
Grand Total - $919
Come on folks lets help IV, to get things done for US.
IV is I/WE.
GO IV GO. TOGETHER WE CAN.
Come on guys...its only $81 to cross $1000
Come on folks lets help IV, to get things done for US.
IV is I/WE.
GO IV GO. TOGETHER WE CAN.
Come on guys...its only $81 to cross $1000
abq_gc
08-18 01:11 PM
why cant we just file a lawsuit ??? What's stopping us from doing that ?
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aadhye
09-10 09:41 AM
Filed 3rd July at Nebraska.
No receipt yet.
No receipt yet.
more...
a_yaja
06-26 03:49 PM
But my concern is if my employer wants me to hang on with them till 485 is approved and then 1 more year
No one can force you to work for them. If there is no breakage clause, then the agreement will not stand in court. Issue is when there is a breakage clause. If there is a breakage clause, you may either have to fight it or suck it up and pay the amount (as long as it is a basis for the amount - just saying "pay $10K if you leave the job" will not stand in court either).
Usual disclaimer is - this is not legal advice. Consult a lawyer for good legal advice.
No one can force you to work for them. If there is no breakage clause, then the agreement will not stand in court. Issue is when there is a breakage clause. If there is a breakage clause, you may either have to fight it or suck it up and pay the amount (as long as it is a basis for the amount - just saying "pay $10K if you leave the job" will not stand in court either).
Usual disclaimer is - this is not legal advice. Consult a lawyer for good legal advice.
madhuvj
09-16 05:50 PM
Guys
We are doing this to help everyone. Especially, those whose PD is still current as per September VB, if you act with in next 5-10 days, you have a chance. if you can individually file a law suit when your PD is current.Since my guess is, the lawsuit we are working on in this thread, will take some time to shape up. But this is a Biggie, we want to create a big impact. Meanwhile, folks who are out there waiting since 2001,2002.... you can follow the links that i pasted in my previous message. People have won lawsuit very similar to the one we are talking about. I can even paste some of the I-485 lawsuits filed because of unreasonable and unnecessary delays, when PD is current.
Here you go
http://boards.immigration.com/showpost.php?p=1876734&postcount=15992
http://boards.immigration.com/attachment.php?attachmentid=17596&d=1221222486
We are doing this to help everyone. Especially, those whose PD is still current as per September VB, if you act with in next 5-10 days, you have a chance. if you can individually file a law suit when your PD is current.Since my guess is, the lawsuit we are working on in this thread, will take some time to shape up. But this is a Biggie, we want to create a big impact. Meanwhile, folks who are out there waiting since 2001,2002.... you can follow the links that i pasted in my previous message. People have won lawsuit very similar to the one we are talking about. I can even paste some of the I-485 lawsuits filed because of unreasonable and unnecessary delays, when PD is current.
Here you go
http://boards.immigration.com/showpost.php?p=1876734&postcount=15992
http://boards.immigration.com/attachment.php?attachmentid=17596&d=1221222486
more...
gk_2000
11-17 09:24 PM
not "To easy the pain caused"
To ease the pain
To ease the pain
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wc_user
07-27 07:35 PM
Nobody cares about EB3. It is very apparent now. We, who filed in EB3 are on our own.
more...
vaishnavilakshmi
07-05 01:34 AM
Hi,
Ours is Substituted labor(eb3) and Priority date is Feb2002.
Our lawyer sent our papers on 29th june2007.Don't know the status of mail,since my lawyer is not responding to our mail.
vaishu
Ours is Substituted labor(eb3) and Priority date is Feb2002.
Our lawyer sent our papers on 29th june2007.Don't know the status of mail,since my lawyer is not responding to our mail.
vaishu
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desi3933
07-09 11:01 AM
The above documents should have Condi's (and USCISs) LAW. Googler's last link appears to be the main source for all other links.
Please note very carefully that we are looking for a LAW that specifies when AOSs will (not) be accepted from GC applicants. We are NOT looking for a law for allocating GC #s to approved AOSs (which is explained in the above links).
This LAW should explain the following cases (which may not be a complete list).
Oct 1 2005 & Oct 1 2006 when 140K GCs were available but ALL AOSs were not acceptable.
May 14 (??) when 60K GCs were available but many more AOSs were acceptable and were accepted from June 1-30.
June 12 when < 40K GCs were available but ALL AOSs were acceptable.
July 2 when 0 GCs were available and ANY AOS was not acceptable.
Months in 2005, 2006 and 2007 when ALL AOSs were not acceptable.
Months in 2005 and 2006 when ANY AOS was not acceptable.
INA: ACT 245 - ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE
Sec. 245. [8 U.S.C. 1255]
(a) The status of an alien who was inspected and admitted or paroled into the United States 1/ or the status of any other alien having an approved petition for classification as a VAWA self-petitioner may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if
(1) the alien makes an application for such adjustment,
(2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and
(3) an immigrant visa is immediately available to him at the time his application is filed.
============================
My points -
a. 140k GCs are NOT available on Oct 1st. Only 27% (37,800) are available and are subject to 7% country cap. DoS estimated the PD based on the number of I-485 applications pending and other related factors.
b. A person can file I-485 as long as his PD is before PD mentioned in the visa bulletin. This is how "immediately available" is defined.
c. Since revised visa bulletin update states that no visa number is available for FY USCIS, by law, can not accept new I-485 applications.
______________________
Not a legal advice.
Please note very carefully that we are looking for a LAW that specifies when AOSs will (not) be accepted from GC applicants. We are NOT looking for a law for allocating GC #s to approved AOSs (which is explained in the above links).
This LAW should explain the following cases (which may not be a complete list).
Oct 1 2005 & Oct 1 2006 when 140K GCs were available but ALL AOSs were not acceptable.
May 14 (??) when 60K GCs were available but many more AOSs were acceptable and were accepted from June 1-30.
June 12 when < 40K GCs were available but ALL AOSs were acceptable.
July 2 when 0 GCs were available and ANY AOS was not acceptable.
Months in 2005, 2006 and 2007 when ALL AOSs were not acceptable.
Months in 2005 and 2006 when ANY AOS was not acceptable.
INA: ACT 245 - ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE
Sec. 245. [8 U.S.C. 1255]
(a) The status of an alien who was inspected and admitted or paroled into the United States 1/ or the status of any other alien having an approved petition for classification as a VAWA self-petitioner may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if
(1) the alien makes an application for such adjustment,
(2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and
(3) an immigrant visa is immediately available to him at the time his application is filed.
============================
My points -
a. 140k GCs are NOT available on Oct 1st. Only 27% (37,800) are available and are subject to 7% country cap. DoS estimated the PD based on the number of I-485 applications pending and other related factors.
b. A person can file I-485 as long as his PD is before PD mentioned in the visa bulletin. This is how "immediately available" is defined.
c. Since revised visa bulletin update states that no visa number is available for FY USCIS, by law, can not accept new I-485 applications.
______________________
Not a legal advice.
more...
simple1
05-01 09:38 AM
caliber,
I belive It is not 10-15 years.
actually, even after correctly following the law, in case of EB3, families may get it earlier.
VB date for 2A (family quota) is 08OCT04
VB date for EB3 is now un available.
In my case (EB2). The VB date is 15FEB04. Families VB date is 08OCT04(my spouse). Only 6months diff.
gurus, correct me if required.
I belive It is not 10-15 years.
actually, even after correctly following the law, in case of EB3, families may get it earlier.
VB date for 2A (family quota) is 08OCT04
VB date for EB3 is now un available.
In my case (EB2). The VB date is 15FEB04. Families VB date is 08OCT04(my spouse). Only 6months diff.
gurus, correct me if required.
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tp976
12-07 02:45 PM
Apahilaj,
FP is definitely not connected to background check. I am sailing in the same boat. My application date was july 17th and notice day was Sep 10th. I opened a SR 45 days back with no response. NSC-TSC transfer case..:confused:
exactly same case, applied july 17th, notice date sept 10th, transferred to TSC
FP is definitely not connected to background check. I am sailing in the same boat. My application date was july 17th and notice day was Sep 10th. I opened a SR 45 days back with no response. NSC-TSC transfer case..:confused:
exactly same case, applied july 17th, notice date sept 10th, transferred to TSC
more...
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akhilmahajan
02-26 10:27 PM
Thanks a lot everyone.
Grand Total - $2062
Come on folks lets help IV, to get things done for US.
IV is I/WE. GO IV GO. TOGETHER WE CAN.
Grand Total - $2062
Come on folks lets help IV, to get things done for US.
IV is I/WE. GO IV GO. TOGETHER WE CAN.
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veerkar
01-18 03:57 AM
These links should answer any AC21 questions
http://www.immigrationportal.com/archive/index.php/f-121.html
http://www.kapoorlaw.com/kapoor_news.aspx?page_nbr=37
http://www.immigrationportal.com/archive/index.php/f-121.html
http://www.kapoorlaw.com/kapoor_news.aspx?page_nbr=37
more...
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sanhari
08-13 10:44 AM
I think one need to create database based on who came in what year and what is the priority data's . True there are people like me came in 2000 and still has priority date as Dec 2004, this is not my fault, this is forced by GC process tied with employer.
The landing or start date of H1b/L1B + old priority date should be the real beneficiary of spillover in respective of EB.
You can try, but I don't think arguing based on landing/start date will work, because that time the intent is not for immigration(I also have a 3 year delay on my GC filing, due to my company). But the priority date which is an official starting point for an intent to be an immigrant has a better chance for success. Thank you for your inputs.
The landing or start date of H1b/L1B + old priority date should be the real beneficiary of spillover in respective of EB.
You can try, but I don't think arguing based on landing/start date will work, because that time the intent is not for immigration(I also have a 3 year delay on my GC filing, due to my company). But the priority date which is an official starting point for an intent to be an immigrant has a better chance for success. Thank you for your inputs.
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stucklabor
06-20 10:30 AM
logiclife,
Thanks for the update. Let me share my concern with the CIR. Do you think that someone (lawmakers) is going to officially vote for the CIR to die? I don't believe so. Discussions, debates, political bickering and fingerpointing can drag on for months and even years because no one is officially willing to kill it for obvious political reasons. How long do you think we (IV) can wait until we start pushing for other bills?
Appreciate your feedback.
Answering for Logiclife, whose time zone is a couple hours behind.
CIR will likely not be VOTED dead. There just will not be anything done about naming a Conference committee. If a committee is indeed named, but they don't produce a report in 2-3 weeks, then CIR would be deemed dead.
The bottom line is, if nothing happens by the end of July, CIR will likely be dead.
We will be looking at other options much before the end of July. The problem for us is that no other legislation will be considered before the end of July.
Thanks for the update. Let me share my concern with the CIR. Do you think that someone (lawmakers) is going to officially vote for the CIR to die? I don't believe so. Discussions, debates, political bickering and fingerpointing can drag on for months and even years because no one is officially willing to kill it for obvious political reasons. How long do you think we (IV) can wait until we start pushing for other bills?
Appreciate your feedback.
Answering for Logiclife, whose time zone is a couple hours behind.
CIR will likely not be VOTED dead. There just will not be anything done about naming a Conference committee. If a committee is indeed named, but they don't produce a report in 2-3 weeks, then CIR would be deemed dead.
The bottom line is, if nothing happens by the end of July, CIR will likely be dead.
We will be looking at other options much before the end of July. The problem for us is that no other legislation will be considered before the end of July.
more...
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doshhar
07-08 07:54 PM
Can we have this event scheduled for major cities in other parts of US? What day are we looking for this rally? (14th July??)
I can gather 100+ people from Chicago..
I can gather 100+ people from Chicago..
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msp1976
05-06 07:11 PM
Who the heck dug up the depression thread...
It was away for a while guys.....Put it away...
It was away for a while guys.....Put it away...
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gclabor07
12-18 06:43 PM
I've been coping with GC related stress by meditating as much as I can. Meditation releases endorphines which helps you calm down and have a clutter free mind. I know it is easier said than done, but it works. I also take meditative walks on weekends. We have trails near our house which take me to deep wooded area away from traffic and everything. I walk about 4-5 miles on weekends. Lately not walking due to cold. I also listen to Deepak Chopra, Joel Osteen, Wayne Dyer on Youtube. Hope this helps.
good idea
09-23 04:29 PM
"EB-2 India. This category is expected to remain unchanged or to move very slowly forward (by a week or so) in the short-term. This is mainly caused by the fact that many EB-3 India applicants (there are approximately 60,000 EB-3 India pending cases) are �porting� their priority dates into the EB-2 India category and are thus taking visa numbers.
EB2 India is slowwly becoming EB3 as thousands are porting from EB3 to EB2. Some of them are really worthy of EB2 and some of them are fradulent.
EB2 India applicants should wake up from their celebratio of a few months leap and get ready for slow movement or retro.
Guys wake up and fight to make the porting rules veryu strong if not stop porting. The rule should be if I140 for porting is denied then the applicatnt should loose his/her initial EB3 priority date also as he /she has indicated that he/she is no longer working in the position as described in EB3 labor. This will make sure that fradulent applicants cannot port from EB3 to EB2.
P.S: I know I will get thousands of REDs. I do not care... EB2 I guys wake up.. Time is running out.. EB2 I will very quickly become same as EB3I.
I am surprised that you have tool to predict some of EB3 people porting to EB2 are fraudulent. Can you share the criteria for this allegation?
EB2 India is slowwly becoming EB3 as thousands are porting from EB3 to EB2. Some of them are really worthy of EB2 and some of them are fradulent.
EB2 India applicants should wake up from their celebratio of a few months leap and get ready for slow movement or retro.
Guys wake up and fight to make the porting rules veryu strong if not stop porting. The rule should be if I140 for porting is denied then the applicatnt should loose his/her initial EB3 priority date also as he /she has indicated that he/she is no longer working in the position as described in EB3 labor. This will make sure that fradulent applicants cannot port from EB3 to EB2.
P.S: I know I will get thousands of REDs. I do not care... EB2 I guys wake up.. Time is running out.. EB2 I will very quickly become same as EB3I.
I am surprised that you have tool to predict some of EB3 people porting to EB2 are fraudulent. Can you share the criteria for this allegation?
xtronics
04-22 08:05 AM
Extremely sorry to hear the news. My sympathy to his family
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