SGP
11-17 03:39 PM
Done
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mirage
03-07 10:23 AM
Good point, has anybody asked this to any lawyer ? Can we challenge this in court ? This is the definition of judiciary review...If we can proove the country cap to be unconstitutional..
Judicial Review is when the Supreme Court reviews an act of Congress to see if it is Constitutional.
Judicial Review is the power of the Supreme Court to declare a law unconstitutuion (violation against the laws of the Constitutuion).
Anything that has language to exempt from quota is bound to run into severe resistance. However one thing here in US is to challenge any ambiguous negativity in courts. Has there been any instance of challenging country quota in the court as discrimination as some people brought it up earlier. Remember laws can also be changed through courts also, not just legislation.
Even though we are far from Citizenship test, I know there are 3 branches of government,
Judicial, Legislative and Executive.
We do not seem to have much hope in the Legislative(Senate/House) and Executive(president) what are the chances of using that approach.
Judicial Review is when the Supreme Court reviews an act of Congress to see if it is Constitutional.
Judicial Review is the power of the Supreme Court to declare a law unconstitutuion (violation against the laws of the Constitutuion).
Anything that has language to exempt from quota is bound to run into severe resistance. However one thing here in US is to challenge any ambiguous negativity in courts. Has there been any instance of challenging country quota in the court as discrimination as some people brought it up earlier. Remember laws can also be changed through courts also, not just legislation.
Even though we are far from Citizenship test, I know there are 3 branches of government,
Judicial, Legislative and Executive.
We do not seem to have much hope in the Legislative(Senate/House) and Executive(president) what are the chances of using that approach.
bkarnik
02-11 01:13 PM
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guchi472000
04-24 10:24 AM
Pls check the link below.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=2cac37668c779110VgnVCM1000004718190aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=2cac37668c779110VgnVCM1000004718190aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD
more...
leoindiano
02-05 01:16 PM
We can get inforpass by visiting https://infopass.uscis.gov/, i will try that.
kondur_007
07-26 05:49 PM
There is not much use for just fighting EB3-I. You can send a letter or lobbey and they will hear it. Thats all. There are so much discrepancies in immigration policy of USA(The impact is for just for potential immigrants not for the country) I do not think they will spend time to resolve each and every small discrepancy. There are more more severe issues in the country than resolving EB3-I. Of course that is a big issue for those who are impacted.
But the problem will be automatically resolved if STEM/and or Recapture bill is passed. That is a big picture and that will get more attention than just lobbying for EB3-I.
I agree. If "vertical spillover" occurs again, the only benefit would go to EB3-ROW.
It is very very difficult to convince anyone to overflow EB2 ROW -> EB3 ROW -> EB3 I (leaving EB2 I out of loop). (eventhough USCIS did it in past)
If someone tries to re-interprete, it will end up like:EB2 ROW -> EB3 ROW -> EB2I -> EB3 I, still no real benefit to EB3 I; only EB2 I will loose with some benefit to EB3 ROW.
Bottom line is, we need more visa numbers and that's what we need to campaign for. May it be recapture, or STEM exemption or anything else.
I am not saying this just because I am EB2, but these are the facts. Additionally, there is a big chance of new immigration law as soon as new president comes (likely some form of CIR) and we need to be prepared to have our agenda included in that; rather than splitting ourselves.
But the problem will be automatically resolved if STEM/and or Recapture bill is passed. That is a big picture and that will get more attention than just lobbying for EB3-I.
I agree. If "vertical spillover" occurs again, the only benefit would go to EB3-ROW.
It is very very difficult to convince anyone to overflow EB2 ROW -> EB3 ROW -> EB3 I (leaving EB2 I out of loop). (eventhough USCIS did it in past)
If someone tries to re-interprete, it will end up like:EB2 ROW -> EB3 ROW -> EB2I -> EB3 I, still no real benefit to EB3 I; only EB2 I will loose with some benefit to EB3 ROW.
Bottom line is, we need more visa numbers and that's what we need to campaign for. May it be recapture, or STEM exemption or anything else.
I am not saying this just because I am EB2, but these are the facts. Additionally, there is a big chance of new immigration law as soon as new president comes (likely some form of CIR) and we need to be prepared to have our agenda included in that; rather than splitting ourselves.
more...
prince_waiting
05-10 10:32 AM
7% quota based on national origin is based on law but it is clearly a biased and outdated law. It is beyond my comprehension why should we scared of initiating a litigation against the US government when it is clearly involved in blatant discrimination. The HSMP rules were challenged successfully by Indian high skilled workers in UK, why can't we do the same over here? I pledge to donate USD 200 for a lawsuit if such an action is initiated.
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unitednations
03-07 01:17 PM
This is exactly what I was saying. People are getting overzealous and are losing their balance. By attracting too much attention when everyone in power is being anti-immigrant you people will hurt everyone. They will impose some more restrictions on us.
We need to lay low for a while until economy improves and focus on keeping our jobs. That is the need of the hour rather than becoming a hero and trying to go against the wave.
One thing that everyne needs to understand is that before the lawmakers, etc., take a stand they study the issue.
Part of the study would be: Why is there so many Indians in the que?
What type of companies are sponsoring most greencards?
Rate of H-1b denials?
Rate of consulate denials?
How are people getting here?
What is the average wage of people being sponsored here?
if people are so skilled then why don't they go into extraordinary ability?
DOL investigations?
The list goes on and on of what the counter attacks are...
People can send out press releases, contact the senators, etc., but it is one way communication. Then other side waits and releases their information. Right now; other side is winning by large margin.
What is going on now with H-1b is direct result of quota completing so fast and it being studied with filed visits, audits. Conclusion was high rate of fraud; let's crack down.
Is everybody ready for this type of scrutiny? You may think you have done everything right but all it takes is for one case from your company sponsoring you or a company which you had h-1b in the past to get investigated and you take the fall along with many others.
We need to lay low for a while until economy improves and focus on keeping our jobs. That is the need of the hour rather than becoming a hero and trying to go against the wave.
One thing that everyne needs to understand is that before the lawmakers, etc., take a stand they study the issue.
Part of the study would be: Why is there so many Indians in the que?
What type of companies are sponsoring most greencards?
Rate of H-1b denials?
Rate of consulate denials?
How are people getting here?
What is the average wage of people being sponsored here?
if people are so skilled then why don't they go into extraordinary ability?
DOL investigations?
The list goes on and on of what the counter attacks are...
People can send out press releases, contact the senators, etc., but it is one way communication. Then other side waits and releases their information. Right now; other side is winning by large margin.
What is going on now with H-1b is direct result of quota completing so fast and it being studied with filed visits, audits. Conclusion was high rate of fraud; let's crack down.
Is everybody ready for this type of scrutiny? You may think you have done everything right but all it takes is for one case from your company sponsoring you or a company which you had h-1b in the past to get investigated and you take the fall along with many others.
more...
gvenkat
01-30 04:47 PM
The morons taking the high moral ground need to make a reality check. let me state that i came here on F1 did my master's and got a job. so i'm not one of those sleazy guys who bent the rules according to these morons.
there is no one ready to give u a job if u dont have a GC or a EAD or OPT or u go through a consultant. These guys should know that first. Everyone does apply through a body shopper which is not right.. but is there a way out...
there is no one ready to give u a job if u dont have a GC or a EAD or OPT or u go through a consultant. These guys should know that first. Everyone does apply through a body shopper which is not right.. but is there a way out...
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mita
09-17 12:35 PM
Call USCIS and enquire about your card and also verify if your address in their system is correct. Also, get an appt with local USCIS office. All the best!!!Did any body received the card or case status changed to Card production ordered apart from GCEB2?
It seems there is progress only for GCEB2 for the gys who got the approval notice in August.
Mine:
8/12/08 - Appproval Notice email
8/18/08 - Approval Notice mail (post)
and nothing after that...
It seems there is progress only for GCEB2 for the gys who got the approval notice in August.
Mine:
8/12/08 - Appproval Notice email
8/18/08 - Approval Notice mail (post)
and nothing after that...
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mightykandy
02-09 12:48 PM
Paypal'ed $50
(Unique Transaction ID #2TK69366JX343500H)
(Unique Transaction ID #2TK69366JX343500H)
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reddymjm
06-05 07:54 PM
My attorney said he sent my 485 on May 31st so that it reaches on JUn 1st. Will update as soon as my checks get cleared.
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dingudi
02-05 11:38 AM
No FP yet for me too.July 2 filer. Application at TSC.
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pappu
03-08 08:55 AM
would you be interested in spending some time everyday for IV volunteer work?
If yes, update your profile with contact information for us and let us know your interest area for IV work and we can work together. Posting a note on the forum can only help you and the organization if an effort is made to solve the problem.
Work with us. Join state chapter and meet lawmakers and tell them about your issues. Our combined energies can be utilized here and we can make a difference.
If yes, update your profile with contact information for us and let us know your interest area for IV work and we can work together. Posting a note on the forum can only help you and the organization if an effort is made to solve the problem.
Work with us. Join state chapter and meet lawmakers and tell them about your issues. Our combined energies can be utilized here and we can make a difference.
more...
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decastod
09-17 07:02 PM
Hello All,
I just got my finger printing notice in mail, where as I was actually expecting to get case number first. But anyway, here are my details :
Priority Date : April 2006
Type : EB2
I485 received by USCIS on 3 rd July 2007 ( By R. Williams)
I140 approved from Texas
Sent I485 to Nebraska. transfered to TX.
got EAD, Case Number and Finger printing notice today from TSC.
finger printing appointment on 10/09
I do not know when and where my checks were cashed from because my company lawyers paid for it and I am in no mood to talk to them.
Hopefully everyone will get greencards soon. Good luck to all..... see you all in FBI name check forum.
Thanks.
I just got my finger printing notice in mail, where as I was actually expecting to get case number first. But anyway, here are my details :
Priority Date : April 2006
Type : EB2
I485 received by USCIS on 3 rd July 2007 ( By R. Williams)
I140 approved from Texas
Sent I485 to Nebraska. transfered to TX.
got EAD, Case Number and Finger printing notice today from TSC.
finger printing appointment on 10/09
I do not know when and where my checks were cashed from because my company lawyers paid for it and I am in no mood to talk to them.
Hopefully everyone will get greencards soon. Good luck to all..... see you all in FBI name check forum.
Thanks.
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malaGCPahije
03-26 10:38 AM
EB3-India with PD 2003 and before - Most will be out by December 2008 -
Perhaps 10% may still rot in NC further.
EB3-India with PD JAN 2004 - DEC 2004 - Most will be out by August 2009
Perhaps 20% may still rot in NC
further.
EB3-India with PD JAN 2005 - April 2005 - Most will be out by April 2010
Perhaps 5% may still rot in NC
further.
EB3-India May 2005 Onwards - Can not predict - It is good to look for other
options and that option certainly MUST not
be switching to EB2
BharatPremi, I hope your predictions are either met or excelled. I will pray for the happiness for your future 7 generation :-). After waiting for so many years, even 2009 does not sound that bad. I know I have no right to complain since many in EB3 have been waiting for years before me.
I also agree that porting to EB2 is not easy. A couple of my friends had their PERM labor itself rejected. I think waiting it out in EB3 may not turn out to be that bad. Or I do hope so....
Perhaps 10% may still rot in NC further.
EB3-India with PD JAN 2004 - DEC 2004 - Most will be out by August 2009
Perhaps 20% may still rot in NC
further.
EB3-India with PD JAN 2005 - April 2005 - Most will be out by April 2010
Perhaps 5% may still rot in NC
further.
EB3-India May 2005 Onwards - Can not predict - It is good to look for other
options and that option certainly MUST not
be switching to EB2
BharatPremi, I hope your predictions are either met or excelled. I will pray for the happiness for your future 7 generation :-). After waiting for so many years, even 2009 does not sound that bad. I know I have no right to complain since many in EB3 have been waiting for years before me.
I also agree that porting to EB2 is not easy. A couple of my friends had their PERM labor itself rejected. I think waiting it out in EB3 may not turn out to be that bad. Or I do hope so....
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Desertfox
11-17 11:08 PM
Done
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sankap
07-12 06:27 PM
...he may just approve even if you show the self employment will be in future (for future job requirement for GC), and he may agree for your "projected income".
Suppose you're on the 3rd month of a 3-month contract on self-employment in same/similar occupation (a "permanent" job). Now, can't you say your "projected" annual income on self-employment, esp. if the project is *likely* to be extended for an unknown period? Another scenario: In a month you're *expected* to start working on a three-month project (@$60/hr). Can't you calculate your annual income ("projected," of course)?
I think you have not read recent horror stories in H1B. They are just like that denying majority of H1B.
Statistically speaking, there is always a high probability of H1B getting denied than for GC. Also, H-1B fraud (and now L1, EB1-GC "frauds"), esp. by desi IT bodyshoppers, is more prevalent (as noted by BusinessWeek) than GC fraud. In any case, just because a large number of H-B petitions are getting rejected, on *genuine* grounds, you can't assume the same proportion of GCs getting rejected.
If the petitioner does not provide commitment/contract from end client for the entire duration of H1B period, H1B approval impossible. H1B is a temporary job; just think how much they will scrutinize for GC.
H1B is a temporary job from USCIS perspective. Most of the time the employer is hiring an H-1B to fill a FT, "permanent" position. Why would that employer (e.g., an R&D or oil company) give the commitment for, say, just 3 (initial) years of contract? Most of the time, the employer has *intent* to keep the H-1B on that same job after GC.
Those golden period are long gone. This is enforcement period as US unemployment rate is in double digit.
Current recession/depression doesn't mean the USCIS/DOL flout their rules/laws (e.g., AC21)--it just means they need to follow the rules more strictly and reject any potential fraudulent cases. This enforcement is only going to increase as it takes more time for the economy to bottom out. Law-abiding H-1B and GC petitioners need not fear that.
AC21 memo is a non-binding memo. Tomorrow they may release another memo or regulation that repeal the self employment in AC21 cases.
If AC21 memo is non-binding, which immigartion law is binding? We can go with only current rules/laws; the rest is speculation.
Suppose you're on the 3rd month of a 3-month contract on self-employment in same/similar occupation (a "permanent" job). Now, can't you say your "projected" annual income on self-employment, esp. if the project is *likely* to be extended for an unknown period? Another scenario: In a month you're *expected* to start working on a three-month project (@$60/hr). Can't you calculate your annual income ("projected," of course)?
I think you have not read recent horror stories in H1B. They are just like that denying majority of H1B.
Statistically speaking, there is always a high probability of H1B getting denied than for GC. Also, H-1B fraud (and now L1, EB1-GC "frauds"), esp. by desi IT bodyshoppers, is more prevalent (as noted by BusinessWeek) than GC fraud. In any case, just because a large number of H-B petitions are getting rejected, on *genuine* grounds, you can't assume the same proportion of GCs getting rejected.
If the petitioner does not provide commitment/contract from end client for the entire duration of H1B period, H1B approval impossible. H1B is a temporary job; just think how much they will scrutinize for GC.
H1B is a temporary job from USCIS perspective. Most of the time the employer is hiring an H-1B to fill a FT, "permanent" position. Why would that employer (e.g., an R&D or oil company) give the commitment for, say, just 3 (initial) years of contract? Most of the time, the employer has *intent* to keep the H-1B on that same job after GC.
Those golden period are long gone. This is enforcement period as US unemployment rate is in double digit.
Current recession/depression doesn't mean the USCIS/DOL flout their rules/laws (e.g., AC21)--it just means they need to follow the rules more strictly and reject any potential fraudulent cases. This enforcement is only going to increase as it takes more time for the economy to bottom out. Law-abiding H-1B and GC petitioners need not fear that.
AC21 memo is a non-binding memo. Tomorrow they may release another memo or regulation that repeal the self employment in AC21 cases.
If AC21 memo is non-binding, which immigartion law is binding? We can go with only current rules/laws; the rest is speculation.
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diptam
06-27 12:08 PM
I asked my employer if they would tune the clauses to "1 yr after EAD" but they said NO - "it will be 1 yr after GC"
They also told me over phone that they have the capability of revoking
140 and complaining against me to INS if i try to leave before getting the actual GC.
Can they do that - after 6 months they lose that control - Right ??
There are many points on which this agreement can be defended.
1. No fixed time period. Staying upto 1 year after getting GC is same as saying work until the car engine for the company CEO's car goes out. Nobody can predict either one.
2. Usually waiver of filing lawsuit by employee involves sum of money for its consideration. Many employer pay employee month salary (or part/multiple) to offer agreement for not suing. Agreement terms without consideration are usually null and void. For example, I can't have agreement with you that you will deliver free newspaper without stating consideration/compensation for you.
3. Company can claim for GC Expenses and other related expenses if employee leaves within reasonable and agreed period. So probably $10,000 is in the agreement to cover that.
Now for the bad news, defending this agreement could cost much more than $10,000, besides time and hassles. More so, if employee and employer are in two different states as employer can file suit in their state. In short, $10,000 is cost of moving out of this job at the time of your choice. You could also look at it as the added cost of GC.
I suggest you should consider making a plan to move in your life and career. As they say, freedom is priceless.
Good Luck.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
They also told me over phone that they have the capability of revoking
140 and complaining against me to INS if i try to leave before getting the actual GC.
Can they do that - after 6 months they lose that control - Right ??
There are many points on which this agreement can be defended.
1. No fixed time period. Staying upto 1 year after getting GC is same as saying work until the car engine for the company CEO's car goes out. Nobody can predict either one.
2. Usually waiver of filing lawsuit by employee involves sum of money for its consideration. Many employer pay employee month salary (or part/multiple) to offer agreement for not suing. Agreement terms without consideration are usually null and void. For example, I can't have agreement with you that you will deliver free newspaper without stating consideration/compensation for you.
3. Company can claim for GC Expenses and other related expenses if employee leaves within reasonable and agreed period. So probably $10,000 is in the agreement to cover that.
Now for the bad news, defending this agreement could cost much more than $10,000, besides time and hassles. More so, if employee and employer are in two different states as employer can file suit in their state. In short, $10,000 is cost of moving out of this job at the time of your choice. You could also look at it as the added cost of GC.
I suggest you should consider making a plan to move in your life and career. As they say, freedom is priceless.
Good Luck.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
desi3933
07-09 11:37 AM
Based on a quick scan of the above documents (which may not be a complete list of documents on AOS), I did not find a single reference to LAW that specifies when AOSs can (not) be submittted by GC applicants. My guess is that there is no such law That is why AILA is calling it rubbish.
I urge everyone to scan these (and othet documents) for LAW that specifies when AOSs can (not) be submittted by GC applicants.
� 245.1 Eligibility.
(a) General. Any alien who is physically present in the United States, except for an alien who is ineligible to apply for adjustment of status under paragraph (b) or (c) of this section, may apply for adjustment of status to that of a lawful permanent resident of the United States if the applicant is eligible to receive an immigrant visa and an immigrant visa is immediately available at the time of filing of the application. A special immigrant described under section 101(a)(27)(J) of the Act shall be deemed, for the purpose of applying the adjustment to status provisions of section 245(a) of the Act, to have been paroled into the United States, regardless of the actual method of entry into the United States.
[Emphasis added for clarity]
______________________
Not a legal advice.
I urge everyone to scan these (and othet documents) for LAW that specifies when AOSs can (not) be submittted by GC applicants.
� 245.1 Eligibility.
(a) General. Any alien who is physically present in the United States, except for an alien who is ineligible to apply for adjustment of status under paragraph (b) or (c) of this section, may apply for adjustment of status to that of a lawful permanent resident of the United States if the applicant is eligible to receive an immigrant visa and an immigrant visa is immediately available at the time of filing of the application. A special immigrant described under section 101(a)(27)(J) of the Act shall be deemed, for the purpose of applying the adjustment to status provisions of section 245(a) of the Act, to have been paroled into the United States, regardless of the actual method of entry into the United States.
[Emphasis added for clarity]
______________________
Not a legal advice.
bskrishna
12-07 02:40 PM
Is it going to hurt if we wait for some more time.It is not that we are missing getting our green cards and our priority dates are current. I have also got my case transferred from NSC-->CSC--> TSC. I agree that stuttling the paper work around the country is an extremely inefficient way to conduct business, but that is what CIS is. I got my transfer notice on the October 5th. I guess they will need more time to get my paper work and schedule an FP appointment.
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