vinabath
04-24 01:50 PM
Quite right, I know you meant that managing relationships has to be from both the sides, but with most desi employers it has become a one way street. Even with all the effort to manage relationship, the employee still gets scr*** and this needs to stop.
Do you have any suggestions?
Do you have any suggestions?
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morchu
05-08 02:20 PM
Do you see anywhere in INA mentioning that "EB-dependents should NOT be filed in EB-category". How is it a "mis-interpretation" then?
Again like I mentioned before you can achive the same goal (which you care about) via a different approach.
...the official mis interpretation ...
Again like I mentioned before you can achive the same goal (which you care about) via a different approach.
...the official mis interpretation ...
nyte_crawler
05-04 02:56 PM
I believe SKIL is another way of showing that politicians just want to start something to show that they are immigrant friendly. I don't know how far this can go through. My question is this,
Does this mean that folks in EB3 pending will be exempted from quota, if they have a Masters from US ?
Does this mean that folks in EB3 pending will be exempted from quota, if they have a Masters from US ?
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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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gjoe
10-08 06:46 PM
Though I don't agree with you on all that you said about the goverment and what I know about it, your approach was right in replying. I wish all the senior members had these qualities.
Coming back to horse and donkeys, you didn't read my post properly. The essence of the story was to convey everyone of the members can't do everything you ask them to do. A leader ( if you are in a managment postion making decision you will understand better what I am saying here) should know how to make best out of the group he has.
I would also thank whomever who brought my star color back to green :) after sometime in the red zone.
Again, you have this approach of "This should be done, that should be done" or "What is wrong with this...why not work like this to avoid waste and be more efficient etc etc".
I believe that you work for the Government. But I dont think you have talked to the government ever about fixing any of the issues. Big difference.
All the big brilliant ideas that we come up with, in our heads, are pretty much meaningless to administration and congress and they wont do it unless they have other reasons to do it.
You are like a person saying "What's wrong with doing assignment of visa numbers and then approving based FIFO..bla bla bla". Its like saying "What's wrong with passing electric current thru a tungsten filament in a glass ball of vaccum to create light". That is DIFFERENT from commercial production of electric bulb. That bridge - between and idea and its production - takes a lot of initiative and faces a lot of roadblocks.
I will give you an example, and since you work for Government, I believe you will understand this easily.
I was in a recent meeting with administration officials along with our lobbyist and 4 other IV members. One of the issues, that is purely and administrative issue and doesnt need congressional act is In country visa revalidation. Prior to 2002, St. Louis had an office where you can mail your passport for restamping after H1 extensions and dont have to travel out of country. We asked them why that cant be restarted.(just like your style of why this cant be done and why that cant be done, its so simple and makes so much sense...bla bla bla). You know what their reply was..."We dont have a problem in doing that, and the issue is not security. Its just that if we reject someone, that someone is already in USA and would drag the rejection thru an immigration lawyer, file motions for re-appeal and re-consideration, and take us to court...and we have to fight that and spend money from DHS coffers to do that. If we reject someone's visa stamp in Mumbai consulate, we dont have to worry about it as that someone cannot take us to court and its cheaper for us".
Now, WHO would have thought about that? You see what I am saying. Here we are, speculating that they stopped visa restamping in USA (St. Louis) because of security reasons. And the real reason is - An attempt by DHS to save money on litigation it would face from rejections. Could you have known or imagined that? And who would have found the answer from IV forums. If I had posted that question here on forums, would I ever know that? No. It takes effort just to know the answers to questions. And then it takes some more effort to suggest more solutions and answers to their concerns. And then some more effort to get it done once they agree.
Its very easy to sit in your cubicle and spin brilliant ideas out of your head and say "Why cant that happen?" and "Why cant this be done like that and like that?".
And all your ideas are brilliant and they all have answers too. But sitting on IV forums and posting brilliant ideas isnt worth a bucket of warm spit if you are not willing to go out, travel and talk to people in authority and run your ideas and requests with them.
And yes, talking about donkeys and horses, the problem isnt that I am expecting wrong things from the wrong animals. The problem is that donkeys expect to be treated like horses not because they can run fast like horses but because they think they can run as fast as horses.
Coming back to horse and donkeys, you didn't read my post properly. The essence of the story was to convey everyone of the members can't do everything you ask them to do. A leader ( if you are in a managment postion making decision you will understand better what I am saying here) should know how to make best out of the group he has.
I would also thank whomever who brought my star color back to green :) after sometime in the red zone.
Again, you have this approach of "This should be done, that should be done" or "What is wrong with this...why not work like this to avoid waste and be more efficient etc etc".
I believe that you work for the Government. But I dont think you have talked to the government ever about fixing any of the issues. Big difference.
All the big brilliant ideas that we come up with, in our heads, are pretty much meaningless to administration and congress and they wont do it unless they have other reasons to do it.
You are like a person saying "What's wrong with doing assignment of visa numbers and then approving based FIFO..bla bla bla". Its like saying "What's wrong with passing electric current thru a tungsten filament in a glass ball of vaccum to create light". That is DIFFERENT from commercial production of electric bulb. That bridge - between and idea and its production - takes a lot of initiative and faces a lot of roadblocks.
I will give you an example, and since you work for Government, I believe you will understand this easily.
I was in a recent meeting with administration officials along with our lobbyist and 4 other IV members. One of the issues, that is purely and administrative issue and doesnt need congressional act is In country visa revalidation. Prior to 2002, St. Louis had an office where you can mail your passport for restamping after H1 extensions and dont have to travel out of country. We asked them why that cant be restarted.(just like your style of why this cant be done and why that cant be done, its so simple and makes so much sense...bla bla bla). You know what their reply was..."We dont have a problem in doing that, and the issue is not security. Its just that if we reject someone, that someone is already in USA and would drag the rejection thru an immigration lawyer, file motions for re-appeal and re-consideration, and take us to court...and we have to fight that and spend money from DHS coffers to do that. If we reject someone's visa stamp in Mumbai consulate, we dont have to worry about it as that someone cannot take us to court and its cheaper for us".
Now, WHO would have thought about that? You see what I am saying. Here we are, speculating that they stopped visa restamping in USA (St. Louis) because of security reasons. And the real reason is - An attempt by DHS to save money on litigation it would face from rejections. Could you have known or imagined that? And who would have found the answer from IV forums. If I had posted that question here on forums, would I ever know that? No. It takes effort just to know the answers to questions. And then it takes some more effort to suggest more solutions and answers to their concerns. And then some more effort to get it done once they agree.
Its very easy to sit in your cubicle and spin brilliant ideas out of your head and say "Why cant that happen?" and "Why cant this be done like that and like that?".
And all your ideas are brilliant and they all have answers too. But sitting on IV forums and posting brilliant ideas isnt worth a bucket of warm spit if you are not willing to go out, travel and talk to people in authority and run your ideas and requests with them.
And yes, talking about donkeys and horses, the problem isnt that I am expecting wrong things from the wrong animals. The problem is that donkeys expect to be treated like horses not because they can run fast like horses but because they think they can run as fast as horses.
bebar
06-16 04:16 PM
Me either. No receipts yet.. filed to reach on june 1st.
Lucky you summerof98!
Lucky you summerof98!
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english_august
07-09 05:39 PM
That is all the more better, spare real flowers from dying at USCIS doorsteps.:D
Which is fine but the order by ground shipping will probably reach a week later.
Which is fine but the order by ground shipping will probably reach a week later.
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sankap
07-10 12:57 PM
@desi3933:
Permanent means job that is for for a term of indefinite or unlimited duration.
http://www.uscis.gov/err/B3%20-%20Outstanding%20Professors%20and%20Researchers/Decisions_Issued_in_2004/MAR232004_01B3203.pdf
This definition is only for researchers/academics in the document. Question is, why can't self-employment be called a "permanent" job? After all, that job is of indefinite or unlimited duration.
AC-21 is not just for changing GC employer.
Yes, AC-21 i not just for changing the GC employer. The Yates memo was published in 2001 with a few amendments later.
Do not confuse existing H-1B job with future GC job.
H-1B is linked to LCA (Temp Job) (http://www.foreignlaborcert.doleta.gov/h-1b.cfm) Note: The link clearly says
If all H-1B jobs are not permanent, then your definition that a "permanent job is for a term of indefinite or unlimited duration" fails. Please decide what you want to say.
On the other hand, I-140 is linked to Permanent Labor Certification (http://www.foreignlaborcert.doleta.gov/perm.cfm) (aka GC labor)
"Permanent Labor Certification" does not mean the job has to be "permanent" (you're again *assuming*, no?) It could also mean LC for "permanent" residency!
Permanent means job that is for for a term of indefinite or unlimited duration.
http://www.uscis.gov/err/B3%20-%20Outstanding%20Professors%20and%20Researchers/Decisions_Issued_in_2004/MAR232004_01B3203.pdf
This definition is only for researchers/academics in the document. Question is, why can't self-employment be called a "permanent" job? After all, that job is of indefinite or unlimited duration.
AC-21 is not just for changing GC employer.
Yes, AC-21 i not just for changing the GC employer. The Yates memo was published in 2001 with a few amendments later.
Do not confuse existing H-1B job with future GC job.
H-1B is linked to LCA (Temp Job) (http://www.foreignlaborcert.doleta.gov/h-1b.cfm) Note: The link clearly says
If all H-1B jobs are not permanent, then your definition that a "permanent job is for a term of indefinite or unlimited duration" fails. Please decide what you want to say.
On the other hand, I-140 is linked to Permanent Labor Certification (http://www.foreignlaborcert.doleta.gov/perm.cfm) (aka GC labor)
"Permanent Labor Certification" does not mean the job has to be "permanent" (you're again *assuming*, no?) It could also mean LC for "permanent" residency!
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485Question
11-21 04:00 PM
It was kind of a shock to me. I pray the god for the better, please consult more sources for any cure. I know one place in Karnataka, where my uncle got cured his cancer. I will try to get you the details ASAP.
Let's pray.
Let's pray.
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rick_rajvanshi
07-22 01:19 AM
Hey guys
My PR card in Canada was not issued; they rejected the photos I submitted with the original application. Now they're asking I submit new ones in PERSON!
I will need to get a Canadian Travel document now to re-enter Canada now. Does anyone know how long it takes to get that issued?
Plus, Since I'm using AP as well the whole re-entering the US with the Canadian Visas in my passport is once again an issue. I'm considering giving up on the PR card, since I've technically already completed my landing; I can re-apply for the PR card if and when I decide to move to Canada permanently. Can you guys advise?
-thanks.
I suggest you not to go back for pictures - You can get your cards when you decide to move permanently. Till then , if you need to travel to Canada you can do so only by road ( your own or rental car ) by showing your passport and landing docs. If you want to use any airlines , you 'll have to apply for travel docs at the nearest consulate.
Rest assured, you can get your card when you finally decide to land. It 'll not be complicated. Just approach the CIC center and file for fresh PR Card with some attested documents.
My PR card in Canada was not issued; they rejected the photos I submitted with the original application. Now they're asking I submit new ones in PERSON!
I will need to get a Canadian Travel document now to re-enter Canada now. Does anyone know how long it takes to get that issued?
Plus, Since I'm using AP as well the whole re-entering the US with the Canadian Visas in my passport is once again an issue. I'm considering giving up on the PR card, since I've technically already completed my landing; I can re-apply for the PR card if and when I decide to move to Canada permanently. Can you guys advise?
-thanks.
I suggest you not to go back for pictures - You can get your cards when you decide to move permanently. Till then , if you need to travel to Canada you can do so only by road ( your own or rental car ) by showing your passport and landing docs. If you want to use any airlines , you 'll have to apply for travel docs at the nearest consulate.
Rest assured, you can get your card when you finally decide to land. It 'll not be complicated. Just approach the CIC center and file for fresh PR Card with some attested documents.
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smisachu
07-05 10:19 AM
Hi Guys, I will send the flowers. This way we will get media attention.
Can someone post this in other forums too. Like Rajiv Khanna's www.immigration.com and other threads that we EBs' visit.
The more flowers they get the better.
Can someone post this in other forums too. Like Rajiv Khanna's www.immigration.com and other threads that we EBs' visit.
The more flowers they get the better.
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shaq
05-19 01:13 PM
I am waiting for FP .Even I have called TSC having intention to open SR ,i got the reply all files are up to date and they can not open SR for FP ...Files indicate that FP is complete.(God knows what they mean,whose fingerprint they have on my file) ....I have not given any FP so far except at the PORT of entry .
Have you received your FP?
Have you received your FP?
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capriol
09-13 03:10 PM
Create a new thread for TSC.
Sanjeev:
I don't know how to create a new thread. Will you please tell me how to do do? Thanks a lot.
Sanjeev:
I don't know how to create a new thread. Will you please tell me how to do do? Thanks a lot.
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santa123
09-10 09:54 PM
In India Lifesentences in prisons dont last more than 14 years. we could beat that record here. :)
Thats why US has advance parole, whereas in India - it is just parole before the end of life sentence...:D
Thats why US has advance parole, whereas in India - it is just parole before the end of life sentence...:D
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v2neha
09-05 01:02 PM
My EAD renewal is pending as well - RD 6/18 - present EAD expiring on 9/25. I requested expediting processing on 8/13 and received a letter yesterday saying they are reviewing my request and will have a decision in 60 days : :rolleyes:
We CANNOT do any thing, when I called USCIS, IO said they can't do either.. wait for 60 days. BS
sparklinks - I got card production ordered email today and LUD on EAD cases online. I sent a request for inquiry thru immigration staff of my Senator (Sen. Kennedy - MA) three days ago. Not sure if that had any role to play in EAD approval.
Check your status and update as our cases were identical. I'll update details of duration of EAD renewal when I get physical cards.
Good luck.
We CANNOT do any thing, when I called USCIS, IO said they can't do either.. wait for 60 days. BS
sparklinks - I got card production ordered email today and LUD on EAD cases online. I sent a request for inquiry thru immigration staff of my Senator (Sen. Kennedy - MA) three days ago. Not sure if that had any role to play in EAD approval.
Check your status and update as our cases were identical. I'll update details of duration of EAD renewal when I get physical cards.
Good luck.
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neelanu
08-27 01:27 PM
..f(p)light still seems to be wheeling on the runway as compared to NSC's soaring high approvals. Any thoughts?:confused:
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needhelp!
02-26 06:29 PM
Thank You abqguy.
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rock945
06-11 10:52 PM
I mailed mine on May 25 and up to now I haven't gotten anything yet. My lawyer mailed it to NSC and since my I-140 is pending with the TSC, my lawyer said they will just forward it there. It's taking too long. Anybody in the same boat as I am?
I was under the impression that you cannot file before June 1st..
I was under the impression that you cannot file before June 1st..
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Hello_Hello
02-09 09:33 PM
very childish!!!how old are you ? Terrorists are banned from visiting USA.
Narenda Modi has been banned from visiting USA.
You do the reasoning :D
Narenda Modi has been banned from visiting USA.
You do the reasoning :D
pamposh
09-15 11:48 AM
I am happy to see some beginings here.. although we have had many many threads before for this kind of initiative but I see some difference here... Like some others said we need to draft an action plan from A to Z here (understood that it may not be exactly what we would be following over time but), we need some roadmap to follow to reach our target.
I like the idea of collecting info about who is willing to contribute and I am all for it.
btw, option 1 is not an option for me.
Pamposh
I like the idea of collecting info about who is willing to contribute and I am all for it.
btw, option 1 is not an option for me.
Pamposh
acecupid
09-24 02:19 PM
Equating labor substitution with porting is real silly. Labor substitution was clamped down, because of abuse, however it didn't mean that it was wrong by its very virtue. However the abuse lead to its closure.
As for porting, I don't see any scope for abuse. Cuz the process is in such a way, that one has to refile labor, 140, and all the exact procedures similar any freshly new EB-2 candidate would. The only difference is that at the end, one has option to request his/her earlier date.
And rightly so, because there's a difference between two Eb-2 filers. One who has not filed anything before, and one has filed "SOMETHING" before. That "something" holds the merit.
rightly said... Here is a simple analogy... compare the porting scenario to someone who just joins a new company with 10 yrs experience and someone who has been with the same company for 10 years. If one of them has to be promoted, who will it be ? Or if the company is now going under, who will get fired first ?
The fact that a person has been with a company for 10 yrs holds enough merit when the company decides who gets promoted or who gets fired. So my friend stand in line like everyone else based on your priority date. That is your place in the line as per law.
As for porting, I don't see any scope for abuse. Cuz the process is in such a way, that one has to refile labor, 140, and all the exact procedures similar any freshly new EB-2 candidate would. The only difference is that at the end, one has option to request his/her earlier date.
And rightly so, because there's a difference between two Eb-2 filers. One who has not filed anything before, and one has filed "SOMETHING" before. That "something" holds the merit.
rightly said... Here is a simple analogy... compare the porting scenario to someone who just joins a new company with 10 yrs experience and someone who has been with the same company for 10 years. If one of them has to be promoted, who will it be ? Or if the company is now going under, who will get fired first ?
The fact that a person has been with a company for 10 yrs holds enough merit when the company decides who gets promoted or who gets fired. So my friend stand in line like everyone else based on your priority date. That is your place in the line as per law.
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