simple1
05-08 02:00 PM
CFR22 is not the law. INA is the law. I could not find it in INA, that is all we need.
Honestly, I dont care if they are eligible for FB2A.
All I care is eb-dependents are not eligible for EBquota.
why are you quoting and supporting the official mis interpretation above the actual law ?
Is it still not clear for you? eb-dependents are NOT eligible for F2A.
So we have to follow the regulation and the regulation (CFR22) mentioned specifically that eb-dependents are eligble for EB-category. Regulations and interpretations are there for a reason, and it has to be followed when law is not clear.
I agree that INA doesnt specifically says that, but at the same time INA specifically rules out eb-dependents from F2A also. To be eligible for F2A you should be dependent of a permanent resident "at the time of application".
You should probably stream line your effort to not count eb-dependents in any visa-numbers (since neither the regulation or law is clear on that part).
You are still under a mis-concept that every word and sentence has to be quoted in "INA", and can ignore all official regulations and interpretations.
Honestly, I dont care if they are eligible for FB2A.
All I care is eb-dependents are not eligible for EBquota.
why are you quoting and supporting the official mis interpretation above the actual law ?
Is it still not clear for you? eb-dependents are NOT eligible for F2A.
So we have to follow the regulation and the regulation (CFR22) mentioned specifically that eb-dependents are eligble for EB-category. Regulations and interpretations are there for a reason, and it has to be followed when law is not clear.
I agree that INA doesnt specifically says that, but at the same time INA specifically rules out eb-dependents from F2A also. To be eligible for F2A you should be dependent of a permanent resident "at the time of application".
You should probably stream line your effort to not count eb-dependents in any visa-numbers (since neither the regulation or law is clear on that part).
You are still under a mis-concept that every word and sentence has to be quoted in "INA", and can ignore all official regulations and interpretations.
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TomTancredo
11-26 02:53 PM
I-485 filing package should include a Letter of Reconfirmation of job-offer from your sponsor. This letter should describe what was in the LC. If you get a copy of this letter, you know what you need from your new employer. I-485 is your filing, therefore, you should not have difficulty in getting a copy of full set of what was filed.
I have copy of that letter but it mentions the title and salary no job desc.
I have copy of that letter but it mentions the title and salary no job desc.
anotheroneonqueue
08-26 03:36 PM
I filed my I-129 for H1B extension in March, 2008. It is almost 5 months. I haven't got my H1B extension approval yet.
Do any of you experience delay in H1B extension? Is it normal waiting time after July 2007 fiasco?
I am also wondering why Vermont is delaying the processing of H1B though it is not processing I-485s?
Please share your experiences.
Do any of you experience delay in H1B extension? Is it normal waiting time after July 2007 fiasco?
I am also wondering why Vermont is delaying the processing of H1B though it is not processing I-485s?
Please share your experiences.
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lutherpraveen
10-08 12:15 PM
Same here. No update. Same parameters as yours.
I am still waiting?
I am still waiting?
more...
dassumi
11-17 05:00 PM
Done
iptel
12-10 10:13 PM
Beleive it or not I found this posting in http://www.steinreport.com/
My 8 selfish American colleagues almost costed our company a $1.8 million project, simply because they could not cancel their preplanned trip to Bahamas. They went on their trip despite being warned 8 months in advance by our boss about a possible tough period during the critical design review of the project by the customer during the month of December.
My 5 hardworking H1B employees helped us out with the project resource planning,allocation layouts, financial statements, project planning and estimation analysis. 3 of them cancelled their trip to their home country just to save our business.
My boss is absolutely incensed and is going to fire these workers once they come back from their vacation.
Agreed that they are not expected to work more than 40 hours per week but during tough times their should be a certain sense of committment and solidarity towards your employer which was clearly lacking in my American colleagues.
According to my boss the current generation of American college graduates is the laziest he has ever seen and clearly ill equipped to handle tough job assignments during a time of crisis. He is lobbying very hard to get the SKIL bill passed and increase access for American businesses to global talent.
My 8 selfish American colleagues almost costed our company a $1.8 million project, simply because they could not cancel their preplanned trip to Bahamas. They went on their trip despite being warned 8 months in advance by our boss about a possible tough period during the critical design review of the project by the customer during the month of December.
My 5 hardworking H1B employees helped us out with the project resource planning,allocation layouts, financial statements, project planning and estimation analysis. 3 of them cancelled their trip to their home country just to save our business.
My boss is absolutely incensed and is going to fire these workers once they come back from their vacation.
Agreed that they are not expected to work more than 40 hours per week but during tough times their should be a certain sense of committment and solidarity towards your employer which was clearly lacking in my American colleagues.
According to my boss the current generation of American college graduates is the laziest he has ever seen and clearly ill equipped to handle tough job assignments during a time of crisis. He is lobbying very hard to get the SKIL bill passed and increase access for American businesses to global talent.
more...
gc28262
06-28 11:35 AM
desi,
All the points you mentioned are valid and sensible from a business perspective.
However if someone takes the company to court based on "Immigration Reform and Control Act of 1986" vs hiring an H1B, how can the company legally defend itself against this law ?
All the points you mentioned are valid and sensible from a business perspective.
However if someone takes the company to court based on "Immigration Reform and Control Act of 1986" vs hiring an H1B, how can the company legally defend itself against this law ?
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reedandbamboo
09-14 10:21 AM
GC Status:
I am seeing that reedandbamboo is considering for EB2 only. We have to include EB3 too for law-suit. I beleive that we will have more than 1000 people if we inlcude all categories.
I will give 200$( 100$ for me and 100 $ for my wife)
MY LETTER addresses the situation with the visa bulletin using EB2 as an EXAMPLE! I want them to scrutinise their visa bulletin setting technique for EVERYONE but I'm highlighting with a specific example.
The lawsuit, in the event that the letter is ineffective (more likely than not.. but still worthwhile starting with) is for EVERYONE.
I am seeing that reedandbamboo is considering for EB2 only. We have to include EB3 too for law-suit. I beleive that we will have more than 1000 people if we inlcude all categories.
I will give 200$( 100$ for me and 100 $ for my wife)
MY LETTER addresses the situation with the visa bulletin using EB2 as an EXAMPLE! I want them to scrutinise their visa bulletin setting technique for EVERYONE but I'm highlighting with a specific example.
The lawsuit, in the event that the letter is ineffective (more likely than not.. but still worthwhile starting with) is for EVERYONE.
more...
abq_gc
09-28 02:42 PM
This is what my lawyer says about EAD card.
"" If you want to use your EAD card, you should wait 180 days after the USCIS
received your I-485 application. You do not need to return to your sponsoring
employer if you use your EAD card after the 180 day waiting period. ""
Any comments ?
Thanks,
abqgc
"" If you want to use your EAD card, you should wait 180 days after the USCIS
received your I-485 application. You do not need to return to your sponsoring
employer if you use your EAD card after the 180 day waiting period. ""
Any comments ?
Thanks,
abqgc
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gene77
03-25 09:57 PM
I am EB3 India--OCt 2004...My hopes are dwindling...let's see...
Waiting to see some movement ...... god bless us!!
Waiting to see some movement ...... god bless us!!
more...
arindamb
10-08 06:55 PM
What happens when one filed labor under software engineer and then uses AC21 to switch jobs to a different company with a different job description like architect, product technologist or technical product manager.
The job description says designs architects and develops software. A product tecnologist,product manager or architect can be doing the same work in addition to other job functions.
The job description says designs architects and develops software. A product tecnologist,product manager or architect can be doing the same work in addition to other job functions.
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InTheMoment
06-17 10:56 AM
Pure unadulterated wishful thinking... if I may !
more...
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puddonhead
05-01 10:59 AM
iff = if and only if
The I485s for both primary and dependent could be filed either if the family or the employment category is current.
i.e. assume my PD is X. If X is current in FB category but not in EB category - both the primary and the dependent should still be able to file I485. Same happens if X is current in EB and not in FB.
In this scenario - if the family based category is retrogressed:
Option 1: Spouce can wait the retrogression out in AP/EAD.
Option 2: Primary can become a citizen in 5 years and then "upgrade" the I485 to a new FB category with no retrogression.
Without this joint filing if either category is current - it can cause nightmares for the dependent if the primary gets a GC and the dependent loses H4/L2.
The I485s for both primary and dependent could be filed either if the family or the employment category is current.
i.e. assume my PD is X. If X is current in FB category but not in EB category - both the primary and the dependent should still be able to file I485. Same happens if X is current in EB and not in FB.
In this scenario - if the family based category is retrogressed:
Option 1: Spouce can wait the retrogression out in AP/EAD.
Option 2: Primary can become a citizen in 5 years and then "upgrade" the I485 to a new FB category with no retrogression.
Without this joint filing if either category is current - it can cause nightmares for the dependent if the primary gets a GC and the dependent loses H4/L2.
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apahilaj
09-10 02:31 PM
Hello friends,
I was wondering about the FP notice time frame. I had applied for 485/EAD/AP on July 2nd at NSC which later got transferred to TSC. Receipts indicate that notice date is 8/27.
I was wondering how many days does it take to get FP notice from the 485 notice date? data indicates that some of the TSC guys who have notice dates of 8/29 have already got their FP notices scheduled for mid september.
Thanks.
I was wondering about the FP notice time frame. I had applied for 485/EAD/AP on July 2nd at NSC which later got transferred to TSC. Receipts indicate that notice date is 8/27.
I was wondering how many days does it take to get FP notice from the 485 notice date? data indicates that some of the TSC guys who have notice dates of 8/29 have already got their FP notices scheduled for mid september.
Thanks.
more...
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willwin
10-08 03:22 PM
We are all missing a point here.
Someone with a PD of 2006 who filed his/her AOS in 2006 should be far ahead in processing compared to someone with a PD of 2001(or who has been in the country for the last 20 years) but applied just a week ago.
Should USCIS hold the first case and wait for the other case to reach that stage? They can certainly do that if we don't blame them for wasting visa numbers every year.
It's not as simple as it sounds --Give GC to those old timers before the new comers!
Having said that, It certainly makes more sense to have some system which would atleast honestly attempt to be fair to the old timers.
BTW, I'm an old timer myself, 7th year in the country and a PD of 2003.
I would rather have them approve ANY case instead of wasting a single visa number.
If you mean what you were saying, then per me, approving pending CP cases (which are already at the consulate just awaiting VISA numbers) atleast the last few days of September (of every year) -if there are NO ELIGIBLE 485 cases would be the best way to utilize every single VISA number.
485 cases may be waiting for several reasons - case not processed yet, name check, RFE, FP etc. But cases in CP wait for just one reason - no VISA number - but still VISA numbers are wasted by the end of every year. Why CP cases do not get VISA numbers? because PD is not current. They are ready to waste VISA numbers instead!
Someone with a PD of 2006 who filed his/her AOS in 2006 should be far ahead in processing compared to someone with a PD of 2001(or who has been in the country for the last 20 years) but applied just a week ago.
Should USCIS hold the first case and wait for the other case to reach that stage? They can certainly do that if we don't blame them for wasting visa numbers every year.
It's not as simple as it sounds --Give GC to those old timers before the new comers!
Having said that, It certainly makes more sense to have some system which would atleast honestly attempt to be fair to the old timers.
BTW, I'm an old timer myself, 7th year in the country and a PD of 2003.
I would rather have them approve ANY case instead of wasting a single visa number.
If you mean what you were saying, then per me, approving pending CP cases (which are already at the consulate just awaiting VISA numbers) atleast the last few days of September (of every year) -if there are NO ELIGIBLE 485 cases would be the best way to utilize every single VISA number.
485 cases may be waiting for several reasons - case not processed yet, name check, RFE, FP etc. But cases in CP wait for just one reason - no VISA number - but still VISA numbers are wasted by the end of every year. Why CP cases do not get VISA numbers? because PD is not current. They are ready to waste VISA numbers instead!
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NKR
04-25 08:28 PM
Atleast your DESI employers start GC early maybe after 6 months. Most american employers dont even start GC until you are in 5th year of H1. Employers are employers, they dont come with nationalities on their forehead. There are so many american companies who have filed bankruptcy when a large payment was pending and your desi employer attempted to recover it.
Yes, he will recover it and say that he never got paid so he can keep all that to himself.
Yes, he will recover it and say that he never got paid so he can keep all that to himself.
more...
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waitingGC
12-13 11:47 AM
what would you say if there was a bill that provided for H-1bs:
1) visa for three years
2) minimum of median wage to be paid
3) free change of employers during the three years
4) must only leave country if unemployed for more than 60 days
5) at the end of 3 years, if not unemployed for more than 60 days, automatic green card
Would you prefer it over skil bill, which essentially only provides more visa and H-1b numbers?
If you would, read this proposal on the numbersusa site:
http://heather.cs.ucdavis.edu/Summary.pdf
If it looks like neither skil nor CIR are getting anywhere maybe its time to try and get this introduced in congress, originally propsed by our "friends" from the other side
maybe we can introduce this as a bill instead of skil
With this bill, I believe many people here can be granted green card automatically. I myself would support this bill! But I doubt whethter the business lobbiests who want to increase H-1B quota would support it.
1) visa for three years
2) minimum of median wage to be paid
3) free change of employers during the three years
4) must only leave country if unemployed for more than 60 days
5) at the end of 3 years, if not unemployed for more than 60 days, automatic green card
Would you prefer it over skil bill, which essentially only provides more visa and H-1b numbers?
If you would, read this proposal on the numbersusa site:
http://heather.cs.ucdavis.edu/Summary.pdf
If it looks like neither skil nor CIR are getting anywhere maybe its time to try and get this introduced in congress, originally propsed by our "friends" from the other side
maybe we can introduce this as a bill instead of skil
With this bill, I believe many people here can be granted green card automatically. I myself would support this bill! But I doubt whethter the business lobbiests who want to increase H-1B quota would support it.
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eb3_nepa
12-11 11:26 AM
If Microsoft with all the money and power can't get visa increase, it's naive to assume that we can do that in one shot. Let's just fry the small fish first.
Well said actually!
From the past couple of years and efforts it is VERY clear that any kind of Quota Increase is a BIG no no with the Anti-immigrants. This now divides the IV users into 3 groups
1) This group has already applied for the I-485 a Long time ago but has not seen their GC in the mail yet.
2) This group has not been able to file for I-485 coz of retrogression.
3) This group is stuck in Labour Certification stage and cant do anything about it.
How about for starters if we try and alleviate the pain of people in groups 2 and 3, i.e. ask for people to be able to apply for stage 3 (and ead etc) without the PD mess. For the labour people we ask for a similar benefit. As for group one, well i know that you guys do not benefit under this, but consider this, you are already in a much better situation than the rest of 2 groups. I know you have to go for fingerprinting etc and renew the EAD every year, but consider this: People stuck in LC and stage 2 have to spend much more on renewing H1/H4s coz of lawyer fees. Maybe, if we reduced our demands to asking for 3 things
a) Filing for stage 3 regardless of PD
b) Relief for people in the LC mess
c) Fingerprinting one person just Once (i mean fingerprints dont change do they?)
This might go under the radar as no quota increase is being asked for. I know this point has been discussed ad-infinitum before and we concluded that no more band-aids for the immigration process, let us get a permanent solution. Well permanent solutions take their time, especially with a Much more powerful lobby opposing those changes. For all we know this permanent solution may NEVER go through. Lets face the facts here:
1) The big corps are pushing ONLY for H1B increase.
2) Anti-immigrants are opposed to ANY kind of increase in numbers.
3) Currently the political climate is such that it is either, deal with legals AND illegals or nothing at all.
4) Currently FAR bigger problems stand in front of the lawmakers such as the war, stem cell, abortion etc etc etc.
5) Currently the average American is OPPOSED to even legal immigrants for fear of losing their jobs to them.
In light of all this, does it make sense to go for a Comprehensive Permanent solution or does it make sense to ask for smaller tid-bits and treat the other costs we incur as "costs of doing business"? I mean atleast if the husband and wife Both have H1bs and jobs, you will still be making a ton of money. U use things like approved I-140s to switch jobs with 3 year extensions or u use the EADs. Let us seriously think about this solution.
Well said actually!
From the past couple of years and efforts it is VERY clear that any kind of Quota Increase is a BIG no no with the Anti-immigrants. This now divides the IV users into 3 groups
1) This group has already applied for the I-485 a Long time ago but has not seen their GC in the mail yet.
2) This group has not been able to file for I-485 coz of retrogression.
3) This group is stuck in Labour Certification stage and cant do anything about it.
How about for starters if we try and alleviate the pain of people in groups 2 and 3, i.e. ask for people to be able to apply for stage 3 (and ead etc) without the PD mess. For the labour people we ask for a similar benefit. As for group one, well i know that you guys do not benefit under this, but consider this, you are already in a much better situation than the rest of 2 groups. I know you have to go for fingerprinting etc and renew the EAD every year, but consider this: People stuck in LC and stage 2 have to spend much more on renewing H1/H4s coz of lawyer fees. Maybe, if we reduced our demands to asking for 3 things
a) Filing for stage 3 regardless of PD
b) Relief for people in the LC mess
c) Fingerprinting one person just Once (i mean fingerprints dont change do they?)
This might go under the radar as no quota increase is being asked for. I know this point has been discussed ad-infinitum before and we concluded that no more band-aids for the immigration process, let us get a permanent solution. Well permanent solutions take their time, especially with a Much more powerful lobby opposing those changes. For all we know this permanent solution may NEVER go through. Lets face the facts here:
1) The big corps are pushing ONLY for H1B increase.
2) Anti-immigrants are opposed to ANY kind of increase in numbers.
3) Currently the political climate is such that it is either, deal with legals AND illegals or nothing at all.
4) Currently FAR bigger problems stand in front of the lawmakers such as the war, stem cell, abortion etc etc etc.
5) Currently the average American is OPPOSED to even legal immigrants for fear of losing their jobs to them.
In light of all this, does it make sense to go for a Comprehensive Permanent solution or does it make sense to ask for smaller tid-bits and treat the other costs we incur as "costs of doing business"? I mean atleast if the husband and wife Both have H1bs and jobs, you will still be making a ton of money. U use things like approved I-140s to switch jobs with 3 year extensions or u use the EADs. Let us seriously think about this solution.
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manish_jain99
07-19 11:47 PM
I pledge for 200$.
sonia_sd
02-07 08:28 PM
he is not saying he hates india, but politicians. Hope you understand plain english !
But you watch Indian TV and see him everyday? :D
Why are you attached to India when you hate it? You want to get Green Card in USA and live here permanently. So should you not learn more about this country and culture. You cannot live in USA but think about India all the time and hate it too.
But you watch Indian TV and see him everyday? :D
Why are you attached to India when you hate it? You want to get Green Card in USA and live here permanently. So should you not learn more about this country and culture. You cannot live in USA but think about India all the time and hate it too.
sledge_hammer
02-12 02:55 PM
So both you and the other guy "qasleuth" have decided not to present any real reasons or arguments to support why I should not advise people to be ethically and morally responsible, but instead go after me to prove that I am somehow also morally corrupt like you guys are.
You want to bring in refugees from Siberia or where ever into this discussion just to dilute the real topic of the thread. You are no better than any politician for that matter.
That "qasleuth" has also not answered my question as to where and when I claimed that I am trying to pretend I have better standards than the next person on this forum or anywhere.
Since the two of you don't have answers to these questions of mine, I rest my case until that!
You are missing the point --- you are running behind everyone with a hammer. Calm down and stop making comments on other's English! If someone writes "u" instead of "you" and that annoys you, that is just one of your many problems. No one can do anything about it.
Once again -- Grow Up!
You want to bring in refugees from Siberia or where ever into this discussion just to dilute the real topic of the thread. You are no better than any politician for that matter.
That "qasleuth" has also not answered my question as to where and when I claimed that I am trying to pretend I have better standards than the next person on this forum or anywhere.
Since the two of you don't have answers to these questions of mine, I rest my case until that!
You are missing the point --- you are running behind everyone with a hammer. Calm down and stop making comments on other's English! If someone writes "u" instead of "you" and that annoys you, that is just one of your many problems. No one can do anything about it.
Once again -- Grow Up!
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