Rohan99
10-14 04:24 PM
Since these cases are seeing daylight, I have question about FP. Anyone who has got FP (only for cases if RN received after 9th oct )?
I am planning to travel in November hence worried. If you know approx FP dates please let me know.
I am planning to travel in November hence worried. If you know approx FP dates please let me know.
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gc28262
08-24 10:19 PM
Thats incorrect...Lot of major corporations hire from different locations in the world...I have several friends working at a s/w giant in Seattle area who were directly hired in Russia, India, Singapore, etc...
I think that is an exception. Majority of corporations won't hire from overseas.
I think that is an exception. Majority of corporations won't hire from overseas.
prioritydate
08-26 12:53 AM
:D
I received my Physical Green Card today.
CPO : 08/19/2008 (I received mail on 08/20/2008)
Approval Notice Date : 08/22/2008
LUD : 08/25/2008
Card Received Date : 08/25/2008
Heeee..... they approved my EAD card yesterday! :eek:
I received my Physical Green Card today.
CPO : 08/19/2008 (I received mail on 08/20/2008)
Approval Notice Date : 08/22/2008
LUD : 08/25/2008
Card Received Date : 08/25/2008
Heeee..... they approved my EAD card yesterday! :eek:
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waitnwatch
08-18 02:53 PM
Two things..........
I'm sure you can put your point across without bandying about your expertise in the English language.
your juvenile logic about the USCIS deciding how important your work is can be extended to how much you get paid too. How about demanding that you be paid equal to CEO's of fortune 100's!
And finally you still want to live in the US
Exactly... there is no such thing as LOW HANGING BALLS.... they shuld be fair to everyone... this is just a case of discrimination... first make all these useless categoreis... EB-1, eb2 blah blah..... i mean cummon who the fuck are they to decide how important my work is.... or under what category it falls... i thought the americans considered all work equal.. and respected everyone... well that was my impression before coming here... anyways.... so much fucking hipocrisy....
I'm sure you can put your point across without bandying about your expertise in the English language.
your juvenile logic about the USCIS deciding how important your work is can be extended to how much you get paid too. How about demanding that you be paid equal to CEO's of fortune 100's!
And finally you still want to live in the US
Exactly... there is no such thing as LOW HANGING BALLS.... they shuld be fair to everyone... this is just a case of discrimination... first make all these useless categoreis... EB-1, eb2 blah blah..... i mean cummon who the fuck are they to decide how important my work is.... or under what category it falls... i thought the americans considered all work equal.. and respected everyone... well that was my impression before coming here... anyways.... so much fucking hipocrisy....
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walker15
08-26 05:22 PM
I think anytime 6 months before the expiry of your current H1B extension.
Naveen
05-04 07:21 PM
Guys -- A Person who files for I-140/I-485 under EB1/2/3 is considered an EB Based Principal Beneficiary. All his/her dependents are termed derivative beneficiaries...meaning they eligible for lawful permanent residence under the same employment-based preference category as the principal beneficiary. The derivatives will have all the attributes of Principal and hence counted against EB quota.
To oversimplify -- All the benefits of the Principal is passed on to the dependents. Principal is EB2 and so the child even though he is 6 months old is also eligible for EB2. hence the term Principal beneficiary and Derivative beneficiary.
To oversimplify -- All the benefits of the Principal is passed on to the dependents. Principal is EB2 and so the child even though he is 6 months old is also eligible for EB2. hence the term Principal beneficiary and Derivative beneficiary.
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h1bmajdoor
07-07 08:57 PM
All officials have talked about processing 60k visas in a month to avoid visas going waste.
None was honest enough to say the unused visas expire on 09/30 NOT 06/30.
So, why the mad rush to give out all visas by 06/30?? We all know why..
some people say this was because of the Kennedy-Bush bill... to get good press for the bill.
IMO that may be true, but having seen the way US works, i'm willing to bet 25 cents that some high official's bonus depended on ending retrogression. So he did it, for all of 2 weeks.
None was honest enough to say the unused visas expire on 09/30 NOT 06/30.
So, why the mad rush to give out all visas by 06/30?? We all know why..
some people say this was because of the Kennedy-Bush bill... to get good press for the bill.
IMO that may be true, but having seen the way US works, i'm willing to bet 25 cents that some high official's bonus depended on ending retrogression. So he did it, for all of 2 weeks.
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amitjoey
07-11 07:08 PM
I agree absolutely. Living right here near DC and being a victim of the present USCIS mess, I still did not know about this campaign until a family member from India mentioned about it after reading it in the local newspaper.
I quickly signed up on this site and sent the flowers to be delivered yesterday.
Welcome to IV, what a way to know about the flower-campaign.
I quickly signed up on this site and sent the flowers to be delivered yesterday.
Welcome to IV, what a way to know about the flower-campaign.
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geevikram
07-20 01:32 PM
Pl don't make blanket statements such as this. BTW, I contributed to DC advocacy and many other EB3s also did the same.
Fixing the language so that folks do not take it personally.
looivy, Please have a conversation and don't turn this into a pissing contest.
What the other post said is very true. We have 45000 members in this board, a significant majority of them are EB3. Even if 50% of the members 22000 (as an example ) contributed 25$ each, IV would have more than half a million bucks. With this money EB backlog plight could easily come out in mainstream media. Just because you, as a person, contributed does not mean all of EB people are contributing. Realizing our problem is the first step in solving it. Problem is people are not willing to contribute to IV, either their money or time, but want issues solved. Doesn't work that way..
Again the original poster is correct in his statement.
my .02$
Fixing the language so that folks do not take it personally.
looivy, Please have a conversation and don't turn this into a pissing contest.
What the other post said is very true. We have 45000 members in this board, a significant majority of them are EB3. Even if 50% of the members 22000 (as an example ) contributed 25$ each, IV would have more than half a million bucks. With this money EB backlog plight could easily come out in mainstream media. Just because you, as a person, contributed does not mean all of EB people are contributing. Realizing our problem is the first step in solving it. Problem is people are not willing to contribute to IV, either their money or time, but want issues solved. Doesn't work that way..
Again the original poster is correct in his statement.
my .02$
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morchu
05-04 09:54 PM
See the post of "vbkris77".
The specific regulation is at: 22CFR 42.32
(http://edocket.access.gpo.gov/cfr_2007/aprqtr/pdf/22cfr42.32.pdf)
And it specifically states that the derivative is entitled to same "classification".
=======
(2) Entitlement to derivative status.
.......is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.
=======
I spoke with our attorney
He said
INA Sec 203 talks only about the eligibility to apply the I-485. But the visa number is derived from a relationship to Principal applicant of green card. This is true for all categories Including investor, asylum, Employment categories. Please note that It is Dept of State that is responsible for this allocation not USCIS.
The specific regulation is at: 22CFR 42.32
(http://edocket.access.gpo.gov/cfr_2007/aprqtr/pdf/22cfr42.32.pdf)
And it specifically states that the derivative is entitled to same "classification".
=======
(2) Entitlement to derivative status.
.......is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.
=======
I spoke with our attorney
He said
INA Sec 203 talks only about the eligibility to apply the I-485. But the visa number is derived from a relationship to Principal applicant of green card. This is true for all categories Including investor, asylum, Employment categories. Please note that It is Dept of State that is responsible for this allocation not USCIS.
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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 ...
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wa_Saiprasad
07-19 08:29 PM
Pledging 200$ for this cause. The moderator of this thread let us know how and when should we send this amount.
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desi3933
06-27 12:07 PM
Diptam, Don�t leave the employer but force them to terminate you after 160 days of filing I-485. Don't clear any client interview and force them to pay you salary as it is employers job to give you work. Take rest at home on full salary. A time will come when employer will no longer afford to loose any more money and they will terminate you. Also ask for severance package when they terminate you.
This is not a legal advice just a suggestion
There could be a clause in the agreement that employee to pay the amount if he is fired due to bad performance. however, documenting bad performance for the employee is real headache for the employer. But still it can be done.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
This is not a legal advice just a suggestion
There could be a clause in the agreement that employee to pay the amount if he is fired due to bad performance. however, documenting bad performance for the employee is real headache for the employer. But still it can be done.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
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gauravster
07-08 03:17 PM
I thought we have made immense progress with regard to our moral standards so that one does not have to necessarily make significant personal sacrifices to upholds ones way of life and independence. That is why I believe this is be kind of a Civil rights/Equal Employment kind of case.
It could be argued that the supreme court has given the government authority to discriminate based on country of origin for immigration purposes. That could easily be justified for new people coming into the country. Albiet it is slightly different from the case of most of us, those who are already in the process at some stage. In our case, DOS/DOL/USCIS acknowledge that we should be granted permanent residence (based on Labor) and even on such basis, is willing to extend our visas/work status indefinitely. However, we are being limited to not change employer (in case 485 is not applied) and to not change the field of work (in case 485 is applied). I think this can be argued as a violation of Equal Employment Oppurtunity by the government by a competent lawyer. Even if the court does not do anything, it will go a long way in people and common people realising these issues.
I was surprised to find that even my cousin (who has been here since 1980) did not realise that the situation is so bad until we had a discussion about my status last christmas. Most just assume that a small minority of people with wierd/complicated cases are held up for longer then 2-3-4 years.
It could be argued that the supreme court has given the government authority to discriminate based on country of origin for immigration purposes. That could easily be justified for new people coming into the country. Albiet it is slightly different from the case of most of us, those who are already in the process at some stage. In our case, DOS/DOL/USCIS acknowledge that we should be granted permanent residence (based on Labor) and even on such basis, is willing to extend our visas/work status indefinitely. However, we are being limited to not change employer (in case 485 is not applied) and to not change the field of work (in case 485 is applied). I think this can be argued as a violation of Equal Employment Oppurtunity by the government by a competent lawyer. Even if the court does not do anything, it will go a long way in people and common people realising these issues.
I was surprised to find that even my cousin (who has been here since 1980) did not realise that the situation is so bad until we had a discussion about my status last christmas. Most just assume that a small minority of people with wierd/complicated cases are held up for longer then 2-3-4 years.
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sands_14
07-02 10:33 AM
Looks like 150,000- 200,000 applications will reach by tommorrow evening and USCIS will stop accepting even if they dont revise visa bulletin.
And in such case,they will retrogress a lot more than 2003 or 2004 in august bulletin.
And in such case,they will retrogress a lot more than 2003 or 2004 in august bulletin.
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NKR
04-23 06:20 PM
You can view my past posts in IV, I am not Desi employer but I may become very soon to employ myself (very close to get GC :-) )
Anyway have you gone through yourself with same situation/tension as OP going through or do you know someone closely who have gone through? Have you dealt with attorney yourself?
If that employer sue you, definitely you can counter sue for violation of wage related or h1b related rules and attorney will be the best person to advice you on that. make sure you go to an attorney who practice employement laws and have knowledge or have some other attorney in the same firm who deals in immi related matter. But question is, do you want to go through nightmare of law suites or you just want peace of mind.
Your suggestion of talking to an attorney is well taken but not the advices. Thanks, good luck in your business
Anyway have you gone through yourself with same situation/tension as OP going through or do you know someone closely who have gone through? Have you dealt with attorney yourself?
If that employer sue you, definitely you can counter sue for violation of wage related or h1b related rules and attorney will be the best person to advice you on that. make sure you go to an attorney who practice employement laws and have knowledge or have some other attorney in the same firm who deals in immi related matter. But question is, do you want to go through nightmare of law suites or you just want peace of mind.
Your suggestion of talking to an attorney is well taken but not the advices. Thanks, good luck in your business
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mchatrvd
09-10 01:07 PM
I agree completely with vdlrao and pappu. We are doing our best to put lot of efforts to sort this out by volunteering. What is your guess, how many people stuck in GC mess in the DC Metro area? Thousands, right????? We had a State Chapter meeting for Maryland, Virginia and DC and you know how many show up for the meeting ????? Take a guess...15!!!! You guys just know how to yell and scream at this blog. Convert your anger into something constructive......IV is not the President of this country that would go ahead and pass legislation to bring you relief. It is the lawmakers.....This has to be collective effort. I will like each one of you to first donate, volunteer before coming to this site to blame the organization. You should be thankful to the people running this show putting their time and energy for our cause. President of this country is having hard time to pass a legislation on health care and you expect IV with help of couple of people can get you legislative relief with couple of hundred dollars!!!! Guys wake up to the reality and contribute to IV.....Work with your state chapters...There are lot of people ready to take initiative through your state chapters but they find no one supporting them. Insurance companies are contributing billions of dollars to lobby against a bill. And if you cannot move out of your couch to volunteer, shut up and just wait for next bulletin....
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FinalGC
07-09 02:06 PM
Yes, that is understood.
The question is if one has worked as a contractor and got a employment RFE and the company provided a letter stating a full time consultant job, has USCIS rejected such a response?
Answer is NO.
The question is if one has worked as a contractor and got a employment RFE and the company provided a letter stating a full time consultant job, has USCIS rejected such a response?
Answer is NO.
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ajaykk
08-26 11:28 AM
your spouses will get their EAD approvals in week to 10 days for sure.
GCCovet
Thanks gccovet..hope your words turn true soon.
Thanks Sina, btw..did you or your spouse try calling the Cust. Reps? Just curious. I will try to call them today.
GCCovet
Thanks gccovet..hope your words turn true soon.
Thanks Sina, btw..did you or your spouse try calling the Cust. Reps? Just curious. I will try to call them today.
makemygc
08-01 08:44 PM
Up until July 29, 2007 (incl.) when sorting of files was going on, NSC did a load sharing of files with TSC. (and btw they did not look at where ones' I-140 is adjudicated when making the selection, it was random. I know several such cases)
This in my opinion is a very good way of making sure adjudicating resources are kept in balance at both centers.
Like somone quiet rightly pointed out it is akin to the old Labor Certification process where some states were way faster than others (less demand faster process).
In the direct filing which started July 30, 2007 the load sharing has a great possibilty of being tilted one way or the other (though maybe not as much as old LC's). They have made a geographical distribution and not one that factors # of applications traditionally received from states.
On the other hand, may be USCIS has figured that the particular geographical jurisdiction produces the right load sharing between NSC and TSC!
CA and NY were the two states which were always backlogged during those bad old days of labor processing. Now, CA application goes to TSC and NY goes to NSC and that might keep both the centers balanced going forward.
But I think rather than dividing based on the states, they should rather do a load balancing based on the request coming..just like our network works :)
Load balancing can be simply based on the round robin fashion..one goes to TSC other goes to NSC and so on.
How difficult is to build that kind of system and to keep it balanced and fair for all.
This in my opinion is a very good way of making sure adjudicating resources are kept in balance at both centers.
Like somone quiet rightly pointed out it is akin to the old Labor Certification process where some states were way faster than others (less demand faster process).
In the direct filing which started July 30, 2007 the load sharing has a great possibilty of being tilted one way or the other (though maybe not as much as old LC's). They have made a geographical distribution and not one that factors # of applications traditionally received from states.
On the other hand, may be USCIS has figured that the particular geographical jurisdiction produces the right load sharing between NSC and TSC!
CA and NY were the two states which were always backlogged during those bad old days of labor processing. Now, CA application goes to TSC and NY goes to NSC and that might keep both the centers balanced going forward.
But I think rather than dividing based on the states, they should rather do a load balancing based on the request coming..just like our network works :)
Load balancing can be simply based on the round robin fashion..one goes to TSC other goes to NSC and so on.
How difficult is to build that kind of system and to keep it balanced and fair for all.
delhirocks
06-22 11:55 PM
My situation is similar too.
The employer is not ready to file the 485, thinking that I may leave the company after 6 months.
I have the I-140 receipt notice , but no approval notice.
There is no way he is going to issue a employment letter , still debating my options.
What if you assure him by signing a 2 year bond. Once you get the card, give him the finger
The employer is not ready to file the 485, thinking that I may leave the company after 6 months.
I have the I-140 receipt notice , but no approval notice.
There is no way he is going to issue a employment letter , still debating my options.
What if you assure him by signing a 2 year bond. Once you get the card, give him the finger
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