xu1
05-03 12:19 PM
Section 205. Retaining Workers Subject to Green Card Backlog.
This section specifies anyone caught in the backlog would be able to pay $500 to adjust status... So your husband is ok (again, should this SKIL ever become reality)
However, I am confused this section 205 falls into Title II, "Retaining Foreign Workers Educated in the United States". Section 205 does not read like anything to do with a degree in the US..
wow,
what do you say, ordinary folks in EB3, without US Masters will not be able to proceed toward I-485 stage when visa is unavailable?
Hmmm, I will have my Masters, but I cannot work, as I cannot get h1 because of the 6th year limit (just like so many h4's). My hubby does not have US Masters, so he will wait in EB3 forever?
Can I slap my Masters to his name so he can proceed faster and I can finally get my EAD..?
This section specifies anyone caught in the backlog would be able to pay $500 to adjust status... So your husband is ok (again, should this SKIL ever become reality)
However, I am confused this section 205 falls into Title II, "Retaining Foreign Workers Educated in the United States". Section 205 does not read like anything to do with a degree in the US..
wow,
what do you say, ordinary folks in EB3, without US Masters will not be able to proceed toward I-485 stage when visa is unavailable?
Hmmm, I will have my Masters, but I cannot work, as I cannot get h1 because of the 6th year limit (just like so many h4's). My hubby does not have US Masters, so he will wait in EB3 forever?
Can I slap my Masters to his name so he can proceed faster and I can finally get my EAD..?
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PD_Dec2002
07-07 08:53 PM
she said "But we're prepared to talk to people about what happened here."
hope that means they are willing to talk about giving EAD. If we get EAD all the lawsuits will be withdrawn. The law does not say AOS applications should not be accepted when there are no visa numbers available, the law only says AOS cannot be approved when visa numbers are not available. USCIS internal regulations says they will not accept AOS applications when priority date is not current. by now its quite apparent that USCIS has broken a lot of there own internal regulations just to make sure the visa numbers are used up before july 2 2007. Then can easily accomodate the EAD for july filers. It all depends upon the pressure exerted on USCIS and DOS
My interpretation of "But we're prepared to talk to people about what happened here." is "We know what we did. And if you take us to court, we are prepared to talk our way out of this fiasco."
Between the Iraq war and tensions in the mid-East, she will actually welcome such easy battles. This administration is extremely smug.
Thanks,
Jayant
hope that means they are willing to talk about giving EAD. If we get EAD all the lawsuits will be withdrawn. The law does not say AOS applications should not be accepted when there are no visa numbers available, the law only says AOS cannot be approved when visa numbers are not available. USCIS internal regulations says they will not accept AOS applications when priority date is not current. by now its quite apparent that USCIS has broken a lot of there own internal regulations just to make sure the visa numbers are used up before july 2 2007. Then can easily accomodate the EAD for july filers. It all depends upon the pressure exerted on USCIS and DOS
My interpretation of "But we're prepared to talk to people about what happened here." is "We know what we did. And if you take us to court, we are prepared to talk our way out of this fiasco."
Between the Iraq war and tensions in the mid-East, she will actually welcome such easy battles. This administration is extremely smug.
Thanks,
Jayant
nashim
06-02 08:44 AM
Please share your experience, if any one come across this situation
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vkjanam
02-18 12:23 PM
Hi Sukhwinderd,
This is good info. At present I am trying to influence some of my friends to contribute to the advocacy days and this info comes in very handy for such dicussion with them.
regards
Vkjanam
here is a report which says there are more than 300,000 GC visa numbers were unused.
go to page 35 or search pdf for recapture to see chart.
from the report
This dialogue is critical considering that when USCIS
and DOS fail to accurately estimate cut-off dates, visas go
unused or are shifted to other family or employment-based
categories. Congress passed legislation permitting the
recapture of some unused visa numbers from previous
years.119 Figure 19 presents data on visa numbers �lost�
between 1992 and 2009 for both employment and family
preference categories.
http://www.dhs.gov/xlibrary/assets/cisomb_2010_annual_report_to_congress.pdf
recapturing visas is the easiest way to clear backlog. it has happened before and can happen again, if all of us try.
This is good info. At present I am trying to influence some of my friends to contribute to the advocacy days and this info comes in very handy for such dicussion with them.
regards
Vkjanam
here is a report which says there are more than 300,000 GC visa numbers were unused.
go to page 35 or search pdf for recapture to see chart.
from the report
This dialogue is critical considering that when USCIS
and DOS fail to accurately estimate cut-off dates, visas go
unused or are shifted to other family or employment-based
categories. Congress passed legislation permitting the
recapture of some unused visa numbers from previous
years.119 Figure 19 presents data on visa numbers �lost�
between 1992 and 2009 for both employment and family
preference categories.
http://www.dhs.gov/xlibrary/assets/cisomb_2010_annual_report_to_congress.pdf
recapturing visas is the easiest way to clear backlog. it has happened before and can happen again, if all of us try.
more...
insbaby
02-22 12:27 PM
[QUOTE=nmdial;1984351]
An egg, when broken from inside, brings in new life but if broken from outside, kills it.
[QUOTE]
It has 1001 meanings within it!
Thanks for sharing...
An egg, when broken from inside, brings in new life but if broken from outside, kills it.
[QUOTE]
It has 1001 meanings within it!
Thanks for sharing...
caydee
05-23 07:23 PM
Go ahead and send them as well, after you are done sending the first 2 (your state) and the 10 other priority senators.
I have sent to my state senators + 10 senators IV identified. I have also sent an email to the ND senator after he voiced his support for our cause on the senate floor today. I now plan to write to all 2008 presidential candidates. Most importantly I am going to write to Governor Arnold Schwarzenegger, as he has always been a champion of business and immigrant communities.
I have sent to my state senators + 10 senators IV identified. I have also sent an email to the ND senator after he voiced his support for our cause on the senate floor today. I now plan to write to all 2008 presidential candidates. Most importantly I am going to write to Governor Arnold Schwarzenegger, as he has always been a champion of business and immigrant communities.
more...
sanjay
12-19 02:02 PM
I have a question regarding the 180 day rule. I am a July 2nd filer, got EAD and AP and did my FP. my I-140 was also approved in oct 2007. So, I will be meeting the 180 day rule and I-140 approved criteria in jan 2nd,08.
Can I change job after Jan 2nd or I have to wait for 180 days from the time of 140 approval date. I think if its from 485 receipt date, I do meet 180 days rule and am safe to move on with another job/employer.
I know this question should had been asked by other members also, but I don't want to search all threads.
Looking for some genuine answers instead of thread bashings.
Thanks in Adv.
Can I change job after Jan 2nd or I have to wait for 180 days from the time of 140 approval date. I think if its from 485 receipt date, I do meet 180 days rule and am safe to move on with another job/employer.
I know this question should had been asked by other members also, but I don't want to search all threads.
Looking for some genuine answers instead of thread bashings.
Thanks in Adv.
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BayBoy
11-22 06:05 AM
Hi Mehul
Heart breaking,Miracle will happen any time.My personal advice-Please get second opinion from Adyar Chennai cancer Institute.
http://www.cancerinstitutewia.org
Gandhi Nagar,East Canal Bank Road
Adyar, Chennai, 600020
+91 44 22350131
+91 44 24911526
+91 44 42054405
+91 44 22350241
Fax : 91-44-24912085
Gob Bless you.
Rajagopalan
Heart breaking,Miracle will happen any time.My personal advice-Please get second opinion from Adyar Chennai cancer Institute.
http://www.cancerinstitutewia.org
Gandhi Nagar,East Canal Bank Road
Adyar, Chennai, 600020
+91 44 22350131
+91 44 24911526
+91 44 42054405
+91 44 22350241
Fax : 91-44-24912085
Gob Bless you.
Rajagopalan
more...
nousername
01-30 02:23 PM
My problem is simple.. do not misrepresent the facts, which is what seems to be the case here.. How can you have a H1 and not get paid??? Do you have any other logical reasoning? If the person has H1 and is not getting paid then there can only be two lawful situations: 1) person is on leave of absence, which is without pay or 2) has not yet started the job.
To answer your questions, yes my wife came here on H4 but she just did not approach a consultant for a job.. instead she went to school, got her degree, applied for jobs, gave interviews and finally got a job. BTW her company does not work with consultants, as it is not an IT company but a finance Big4. They used their own attorney to file for her H1. As luck could have, her application was not even considered as it did not come in the lottery draw. This happened twice.. Later we got our EAD and she started working with it. And yes, I know few more people who went through the same thing.. and all of them went to school in the US.
sathweb, I don't have anything against you or anyone else here on IV.. I feel bad when people look down on H1 visa holders as they think everyone is exploiting the system, which you know is not true. Some people misrepresent their cases and we all get bad name.
What�s your problem man? You are mad because your wife did not get H1B/Job? What do you say to a American citizen who is saying that you took his job? It�s all part of the game. Everyone is trying to improve their life.
How can you tell your wife is better? Your wife is doing exactly the same, converting from H4 to H1B. Did she have job offer when she came to USA? You must have come through some consulting company, what kind of offer letter you had when you came to US?
Everyone is playing by the rules, otherwise we would not have been here. dont think you are the only one playing by the rules.
How can you tell he/she is representation false?
People like you are the ones who are dividing the community.
To answer your questions, yes my wife came here on H4 but she just did not approach a consultant for a job.. instead she went to school, got her degree, applied for jobs, gave interviews and finally got a job. BTW her company does not work with consultants, as it is not an IT company but a finance Big4. They used their own attorney to file for her H1. As luck could have, her application was not even considered as it did not come in the lottery draw. This happened twice.. Later we got our EAD and she started working with it. And yes, I know few more people who went through the same thing.. and all of them went to school in the US.
sathweb, I don't have anything against you or anyone else here on IV.. I feel bad when people look down on H1 visa holders as they think everyone is exploiting the system, which you know is not true. Some people misrepresent their cases and we all get bad name.
What�s your problem man? You are mad because your wife did not get H1B/Job? What do you say to a American citizen who is saying that you took his job? It�s all part of the game. Everyone is trying to improve their life.
How can you tell your wife is better? Your wife is doing exactly the same, converting from H4 to H1B. Did she have job offer when she came to USA? You must have come through some consulting company, what kind of offer letter you had when you came to US?
Everyone is playing by the rules, otherwise we would not have been here. dont think you are the only one playing by the rules.
How can you tell he/she is representation false?
People like you are the ones who are dividing the community.
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mirage
03-07 11:48 AM
Nothing had been achieven in last 9 years. Last thing when anything that congress did for immigration was AC21 in 2000. Than how do you thing whatever our agenda is, can be achieved ?? While I think our agenda has to be modified so that we don't ask them what they have been rejecting repeatedly.
Why dont we all stick to a common agenda where there are more chances rather than everyone coming with some and in the end you know what happens...
IV is a platform where people do things together NOT everyone digressing in their own ways..not right...
Why dont we all stick to a common agenda where there are more chances rather than everyone coming with some and in the end you know what happens...
IV is a platform where people do things together NOT everyone digressing in their own ways..not right...
more...
gcfordesi
09-09 05:57 PM
Visa Bulletin October 2009 (http://travel.state.gov/visa/frvi/bulletin/bulletin_4575.html)
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desi3933
06-29 11:41 AM
.....
Based on the same logic, I would say that the job of stopping discrimination against EAD/H1B etc. is mainly the responsibility of Citizens and GC holders. It is their country; it is up to them to fix it.
There are laws in place, already, for discrimination against applicant having proper work authorization.
If the affected person does not report or take action, then nothing will happen. It is high time that "highly skilled workers" aware of their rights. Sanju mentioned a term "educated illiterates" for such reasons.
Many consulting companies do not pay salary on bench. If the employee does not report to DoL, will he/she get his/her salary? No. The issue of discrimination is on the similar lines.
There is no requirement for employer to consider any applicant who is on H-1B visa status. It is entirely voluntary and upto the employer whether to sponsor H1 visa or not. Same thing holds good for sponsoring green card as well.
_________________
Not a legal advice.
Based on the same logic, I would say that the job of stopping discrimination against EAD/H1B etc. is mainly the responsibility of Citizens and GC holders. It is their country; it is up to them to fix it.
There are laws in place, already, for discrimination against applicant having proper work authorization.
If the affected person does not report or take action, then nothing will happen. It is high time that "highly skilled workers" aware of their rights. Sanju mentioned a term "educated illiterates" for such reasons.
Many consulting companies do not pay salary on bench. If the employee does not report to DoL, will he/she get his/her salary? No. The issue of discrimination is on the similar lines.
There is no requirement for employer to consider any applicant who is on H-1B visa status. It is entirely voluntary and upto the employer whether to sponsor H1 visa or not. Same thing holds good for sponsoring green card as well.
_________________
Not a legal advice.
more...
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ub27
07-24 08:56 AM
Paper filed at TSC on May 22, 2008
Service center: TSC
Last LUD on May 29
No updates since.
Currently working on EAD and exires in Sept 2008
----------------
Just called the service center and reply I got back was weird. Apparently their case status viewing system is down and will not be up and running for another 1 week. So, no info as of now and call back in 1 week :(
Service center: TSC
Last LUD on May 29
No updates since.
Currently working on EAD and exires in Sept 2008
----------------
Just called the service center and reply I got back was weird. Apparently their case status viewing system is down and will not be up and running for another 1 week. So, no info as of now and call back in 1 week :(
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desi3933
06-29 11:41 AM
.....
Based on the same logic, I would say that the job of stopping discrimination against EAD/H1B etc. is mainly the responsibility of Citizens and GC holders. It is their country; it is up to them to fix it.
There are laws in place, already, for discrimination against applicant having proper work authorization.
If the affected person does not report or take action, then nothing will happen. It is high time that "highly skilled workers" aware of their rights. Sanju mentioned a term "educated illiterates" for such reasons.
Many consulting companies do not pay salary on bench. If the employee does not report to DoL, will he/she get his/her salary? No. The issue of discrimination is on the similar lines.
There is no requirement for employer to consider any applicant who is on H-1B visa status. It is entirely voluntary and upto the employer whether to sponsor H1 visa or not. Same thing holds good for sponsoring green card as well.
_________________
Not a legal advice.
Based on the same logic, I would say that the job of stopping discrimination against EAD/H1B etc. is mainly the responsibility of Citizens and GC holders. It is their country; it is up to them to fix it.
There are laws in place, already, for discrimination against applicant having proper work authorization.
If the affected person does not report or take action, then nothing will happen. It is high time that "highly skilled workers" aware of their rights. Sanju mentioned a term "educated illiterates" for such reasons.
Many consulting companies do not pay salary on bench. If the employee does not report to DoL, will he/she get his/her salary? No. The issue of discrimination is on the similar lines.
There is no requirement for employer to consider any applicant who is on H-1B visa status. It is entirely voluntary and upto the employer whether to sponsor H1 visa or not. Same thing holds good for sponsoring green card as well.
_________________
Not a legal advice.
more...
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sriram18
04-22 06:23 PM
Count me in..
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Aah_GC
05-19 09:42 PM
Same boat guys. July 07 filer and have not received my FP yet. My lawyer thinks it should not be a problem at all, and I read of a case here who got his GC without ever fingerprinting.
Am about to renew my EAD and AP in a couple of week's time and that is the only hope left. I sincerely hope not receiving FP is not a major drawback.
God bless.
Am about to renew my EAD and AP in a couple of week's time and that is the only hope left. I sincerely hope not receiving FP is not a major drawback.
God bless.
more...
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gc_wow
09-09 08:26 PM
Oct 09 bulletin indicates jan 22 2005, they should have Visa numbers atleast to cover all the 2004 eb2 in september.How they can calculate so accurately, I am guessing that there could be some more extra visas that may be available at the end of September.If that is not happening then visa numbers could be lost. For eg: If some 2004 cases are not approved by the end of the month for what ever reasons then there will be some visas available which may advance visa dates furthur. So the big question is what will USCIS do with still left visas? Will they approve beyond 5 Jan 2005,with out bulletin being current or just waste Visas?
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diptam
07-02 02:01 AM
CURRENT employment letter they will give in 10 mins....
But for FUTURE employment letter i signed a bond for 10 grands saying that i wont leave them till 1 Year after GC....
I bargained for 1 yr after EAD ( I already worked 2.5 yrs with them and i'm in this country for 7.5 yrs ) but the bargain was a failure... I could just change
certain Clauses but nothing in the core of the Bond/agreement.
After EAD i would show the bond to a lawyer for $250 and ask them if i can win the case within 4-5 grands ... If yes , i would hire that lawyer or else
i'll pay 10 grands and do something else :))
If i succeed by the lawyer route i would spend my win sum of $5000 for a vacation to Alaska or Europe .....
Take it easy guys - Lets just hope USCIS accepts out 485 app tomorrow.
My app has just reached Omaha, NE at 8 PM .... Hope it reaches Lincoln,NE by morning tomorrow ( its just 1 hr drive)
with a copy of I-140, you can complete all your paperwork between now and dawn tomorrow.
In the meanwhile, act everything is normal. Ask a employment letter with job title and current salary (say, you want it for trip to Canada or renewing your DL or some 'genunine' reason like that.
Apply.
But for FUTURE employment letter i signed a bond for 10 grands saying that i wont leave them till 1 Year after GC....
I bargained for 1 yr after EAD ( I already worked 2.5 yrs with them and i'm in this country for 7.5 yrs ) but the bargain was a failure... I could just change
certain Clauses but nothing in the core of the Bond/agreement.
After EAD i would show the bond to a lawyer for $250 and ask them if i can win the case within 4-5 grands ... If yes , i would hire that lawyer or else
i'll pay 10 grands and do something else :))
If i succeed by the lawyer route i would spend my win sum of $5000 for a vacation to Alaska or Europe .....
Take it easy guys - Lets just hope USCIS accepts out 485 app tomorrow.
My app has just reached Omaha, NE at 8 PM .... Hope it reaches Lincoln,NE by morning tomorrow ( its just 1 hr drive)
with a copy of I-140, you can complete all your paperwork between now and dawn tomorrow.
In the meanwhile, act everything is normal. Ask a employment letter with job title and current salary (say, you want it for trip to Canada or renewing your DL or some 'genunine' reason like that.
Apply.
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HarshJ
11-05 03:23 PM
Well she suggested that she had scheduled the FP appointment and said that I should be getting my FP notices in 30 days.
I am hoping that its the truth !!
I am hoping that its the truth !!
sunofeast_gc
07-08 08:29 PM
140K GCs were available on Oct 1 2005 and Oct 2006: categories were not current.
< 40K GCs were available on June 12 2007: all categories were current.
If there is a law to prevent acceptance of ALL AOS's on Oct 1 (when 140K GCs are available) then that law was violated on June 12 2007.
If there is no law to prevent acceptance of AOS's on June 12 (when < 40K GCs were available) then all categories should have been current on Oct 1 2005 and Oct 1 2006.
macaca, This is really good point
< 40K GCs were available on June 12 2007: all categories were current.
If there is a law to prevent acceptance of ALL AOS's on Oct 1 (when 140K GCs are available) then that law was violated on June 12 2007.
If there is no law to prevent acceptance of AOS's on June 12 (when < 40K GCs were available) then all categories should have been current on Oct 1 2005 and Oct 1 2006.
macaca, This is really good point
ash0210
03-12 09:23 PM
Yes, I am here for around 12 years with no GC and I won't mind if someone interviews me to cover my story, also will submit my story in 'tell your story' thread.Today, I have signed myself in Ohio chapter to meet like-minded souls...
I have some problem on surfing & responding back because our "Big Brother" wathces who is surfing for how much time and also he/administrator did blocked Yahoo/Hotmail & all mail related to website..thats usual story for "Consultant Contractors"...
pls submit your story in 'tell your story' thread if you are interested in being interviewd. we need many compelling stories for media all the time.
INfact a lot of members here have told their stories. All please consider adding them in 'tell your story ' thread.
currently we have an opportunity with a very high profile magazine that wants to do a story. We have been unable to find the right story as per the reporter's need in that thread. ONly a few members have added their story. Pls add your story asap
I have some problem on surfing & responding back because our "Big Brother" wathces who is surfing for how much time and also he/administrator did blocked Yahoo/Hotmail & all mail related to website..thats usual story for "Consultant Contractors"...
pls submit your story in 'tell your story' thread if you are interested in being interviewd. we need many compelling stories for media all the time.
INfact a lot of members here have told their stories. All please consider adding them in 'tell your story ' thread.
currently we have an opportunity with a very high profile magazine that wants to do a story. We have been unable to find the right story as per the reporter's need in that thread. ONly a few members have added their story. Pls add your story asap
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