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msgrewal81
02-19 08:17 AM
What do you wish? You need gc the moment you enter the country? If anyone who stays 5 years get green card.That is excellent if legal or illegal immigrant. This is apart from 140K regular quota. This will reduce backlog substantially.
Dude I think you are happy because you are above 5 years here and I feel good for you. For myself, I donot want green card after landing on airport, I just want GC process to be improved for people <5 years. This bill will be just a onetime measure i.e. whoever has 5 years on the day it was enacted gets GC, it is not like if I am here for 5 years even after 2 months of passing the bill i will get GC. So, in all, fight for EB GC goes on and it has to be made easier than what has been done for illegal immigrants with >5year rule. People will <5years should not have to go thru same grind. This bill directly does nothing for EB apart from 'temporarily' taking out people with >5years to decrease backlog. That will be temporary. In fact, in long term, it makes EB difficult.
Again, people with >5years should be happy but not tell people with <5years what to do. We definately need to contact congress and Pres office to improve this bill to make it fair for legal immigrants too.
Dude I think you are happy because you are above 5 years here and I feel good for you. For myself, I donot want green card after landing on airport, I just want GC process to be improved for people <5 years. This bill will be just a onetime measure i.e. whoever has 5 years on the day it was enacted gets GC, it is not like if I am here for 5 years even after 2 months of passing the bill i will get GC. So, in all, fight for EB GC goes on and it has to be made easier than what has been done for illegal immigrants with >5year rule. People will <5years should not have to go thru same grind. This bill directly does nothing for EB apart from 'temporarily' taking out people with >5years to decrease backlog. That will be temporary. In fact, in long term, it makes EB difficult.
Again, people with >5years should be happy but not tell people with <5years what to do. We definately need to contact congress and Pres office to improve this bill to make it fair for legal immigrants too.
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eb3retro
03-10 01:40 AM
I am a july 2nd filer and have changed job 2 times in the past one month and I have no intention to let know USCIS because
a) There is no mandatory law that states that we should do it.
b) I personally feel that sending AC21 documents will trigger an RFE for sure,(in the other case, there are chances that u may not get this).
c) Lawyer is asking for $1500 for doing nothing on this.
d) I am prepared to deal with the RFE if it comes thru.
All of the above I did for changing my 7 year old employer who exactly knew that I cannot change job and kept me in the same position for 7 years even though I was exemplary in my job performance.
a) There is no mandatory law that states that we should do it.
b) I personally feel that sending AC21 documents will trigger an RFE for sure,(in the other case, there are chances that u may not get this).
c) Lawyer is asking for $1500 for doing nothing on this.
d) I am prepared to deal with the RFE if it comes thru.
All of the above I did for changing my 7 year old employer who exactly knew that I cannot change job and kept me in the same position for 7 years even though I was exemplary in my job performance.
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andycool
09-10 02:33 PM
What are the hopes for EB3-I?
ZERO
Till we spend our time in predictions and tracking, till the time we stop jumping the gun in calling for lawsuits, till the time we stop interpreting the INA to find a smoking gun, till the time we stop calling names for USCIS and DOS, till the time we stop blaming 245(i), till the time we stop engaging in eb2 v/s eb3 fight, till the time we stop fighting with each other over irrelevant things, till the time we stop creating these stupid polls, till the time we stop engaging in "number crunching" whatever that means, until that time there is ZERO hope for Eb3-I. Once we stop wasting our time on all these irrelevant things, we will then start spending our time on more meaningful things like speaking with the members of Congress. Then, and only then, there will be a chance of anything good happening for EB3-I.
Port to EB-2 ......
ZERO
Till we spend our time in predictions and tracking, till the time we stop jumping the gun in calling for lawsuits, till the time we stop interpreting the INA to find a smoking gun, till the time we stop calling names for USCIS and DOS, till the time we stop blaming 245(i), till the time we stop engaging in eb2 v/s eb3 fight, till the time we stop fighting with each other over irrelevant things, till the time we stop creating these stupid polls, till the time we stop engaging in "number crunching" whatever that means, until that time there is ZERO hope for Eb3-I. Once we stop wasting our time on all these irrelevant things, we will then start spending our time on more meaningful things like speaking with the members of Congress. Then, and only then, there will be a chance of anything good happening for EB3-I.
Port to EB-2 ......
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jcmenon
07-24 04:19 PM
Guies,
Dr. Emilio Gonz�lez Ask USCIS is over, we were hoping atleast we get a mention in this chat, but like everywhere we do not even get a mention, thats our plight.
That was the reason we were requesting IV to set up some kind of webfax to USCIS director, atleast he would be aware of the retrogression issue, then we can build our case from there.
But any way it is a waste of time.
Dr. Emilio Gonz�lez Ask USCIS is over, we were hoping atleast we get a mention in this chat, but like everywhere we do not even get a mention, thats our plight.
That was the reason we were requesting IV to set up some kind of webfax to USCIS director, atleast he would be aware of the retrogression issue, then we can build our case from there.
But any way it is a waste of time.
more...
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k94
11-22 02:41 PM
It is my understanding that when applying for a GC, until you have your LC approved (and possibly I-140), you cannot change your title or salary, beyond what was submitted in the LC application. Technically, the DOL is verifying a 'job' (and the salary related to that job), so in theory, that can't change, not because the employer doesn't want to, but because the law doesn't allow it.
Now, an employer may unofficially get around this (by increasing your bonus payout, or giving you stock, or changing the internal level of your job), but these are 'handouts' that you may get if your employer is fair.
With the backlogs that are in effect for pre-PERM LC approvals, employees can go from 1-3 years without a salary or promotion/job title change, and that is the law! Go figure.
Now, an employer may unofficially get around this (by increasing your bonus payout, or giving you stock, or changing the internal level of your job), but these are 'handouts' that you may get if your employer is fair.
With the backlogs that are in effect for pre-PERM LC approvals, employees can go from 1-3 years without a salary or promotion/job title change, and that is the law! Go figure.
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alterego
07-15 10:30 AM
Ramba,
"and the alien must have intended to undertake the employment, upon adjustment"
That is the line that is the big caveat in this question. You must demonstrate to the adjudicating officer(to his/her satisfaction) that you plan to go back to your petitioning employer once your green card is approved. Either that or you invoke the AC21 statute by fulfilling those requirements.
This answer was speaking to that point.
A withdrawn 140 is a bad news on either front. Especially when it happens with the future intent clause, then how can you say you and the employer still have intent. It won't fly with the adjudicator.
With the AC21, if the 180 days has passed then 140 withdrawal often still does lead to RFE and sometimes outright denial but the MTR and appeal process can be successful on the grounds of AC21 portability rules. There are people on this forum with such experiences. Try searching for it.
Once again, this is a delicate situation and the poster is best served with good legal counsel. We are all of course giving our best layman interpretations here.
"and the alien must have intended to undertake the employment, upon adjustment"
That is the line that is the big caveat in this question. You must demonstrate to the adjudicating officer(to his/her satisfaction) that you plan to go back to your petitioning employer once your green card is approved. Either that or you invoke the AC21 statute by fulfilling those requirements.
This answer was speaking to that point.
A withdrawn 140 is a bad news on either front. Especially when it happens with the future intent clause, then how can you say you and the employer still have intent. It won't fly with the adjudicator.
With the AC21, if the 180 days has passed then 140 withdrawal often still does lead to RFE and sometimes outright denial but the MTR and appeal process can be successful on the grounds of AC21 portability rules. There are people on this forum with such experiences. Try searching for it.
Once again, this is a delicate situation and the poster is best served with good legal counsel. We are all of course giving our best layman interpretations here.
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frodobaggins
04-03 11:52 PM
:mad:
Hey imv116, how about the fact that it is totally unethical and illegal? How can you support this? I myself have done MS and have seen the effect of this ridiculous practice. I was very good and yet could not get any job because the market is flooded with false resumes. So employers think there are many experienced candidates and do not want freshers!!
Also, just like others have mentioned, it undermines the quality and experience of the genuine people. I agree that students sometimes do not have a choice in the current scenario. But at the same time, many of them are just not good enough to get a job on their own merit. That is why they have no problem resorting to such shameful tactics.
:mad:
Hey imv116, how about the fact that it is totally unethical and illegal? How can you support this? I myself have done MS and have seen the effect of this ridiculous practice. I was very good and yet could not get any job because the market is flooded with false resumes. So employers think there are many experienced candidates and do not want freshers!!
Also, just like others have mentioned, it undermines the quality and experience of the genuine people. I agree that students sometimes do not have a choice in the current scenario. But at the same time, many of them are just not good enough to get a job on their own merit. That is why they have no problem resorting to such shameful tactics.
:mad:
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gsc999
04-20 02:44 PM
Maybe no banners or signs because this is a town-hall style meeting and not a rally. I'll let you know if its ok to do that.
But surely, it would be good if you bring a sign/banner saying "www.immigrationvoice.org" which would help us get more coverage is its caught by the media.
--
Ok, I will get a couple.
But surely, it would be good if you bring a sign/banner saying "www.immigrationvoice.org" which would help us get more coverage is its caught by the media.
--
Ok, I will get a couple.
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amitpan007
06-06 04:31 PM
Hi bodhi_tree and amitpan007,
Were there any LUD's on your application before the approval?
Thanks.
No LUDS since 20-JUL-07 for FP.
Were there any LUD's on your application before the approval?
Thanks.
No LUDS since 20-JUL-07 for FP.
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pappu
12-13 12:50 PM
All , this subject has been raised very often and every time new members join in they start a thread and start questioning it.
- IV has indepth explored and studied this option and have found that this change is not possible administratively.
- we have not just met a lawyer. we have met few lawyers. we also have communicated with USCIS in the past.
- In the past some administrative changes have been done by USCIS, but this change cannot be done by them. All, we already had this idea long long ago and we also thought that why dont we do it if it so simple and then we dont have to go through all the legislative hurdles. But NO it cannot be done by USCIS.
- Faxing USCIS will not work. USCIS does not take policy decisions. We need to approach policy makers to get it done and that is what we are doing. By coming up with ideas, endlessly discussing despite explaination by IV and not working with IV action items we will all go in divergent directions and lose focus on the main action items we want each every member should focus. If you really feel for some idea and want to help, instead of asking IV to give explanation to every question on the forum, contact any of the active IV core members on the forum and bounce ideas. We need people with ideas and also same people willing to work on them too.
- If it was possible to get it done administratively, then in the current Skil bill push we would have/ and lawmakers would also have just asked USCIS to implement it.
Hope this explains this topic. Thanks
- IV has indepth explored and studied this option and have found that this change is not possible administratively.
- we have not just met a lawyer. we have met few lawyers. we also have communicated with USCIS in the past.
- In the past some administrative changes have been done by USCIS, but this change cannot be done by them. All, we already had this idea long long ago and we also thought that why dont we do it if it so simple and then we dont have to go through all the legislative hurdles. But NO it cannot be done by USCIS.
- Faxing USCIS will not work. USCIS does not take policy decisions. We need to approach policy makers to get it done and that is what we are doing. By coming up with ideas, endlessly discussing despite explaination by IV and not working with IV action items we will all go in divergent directions and lose focus on the main action items we want each every member should focus. If you really feel for some idea and want to help, instead of asking IV to give explanation to every question on the forum, contact any of the active IV core members on the forum and bounce ideas. We need people with ideas and also same people willing to work on them too.
- If it was possible to get it done administratively, then in the current Skil bill push we would have/ and lawmakers would also have just asked USCIS to implement it.
Hope this explains this topic. Thanks
more...
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perm2gc
12-28 05:35 PM
Guys. Let all of us give a new year gift to our core team by posting about IV in all the forums which we have access.It won't cost you a penny but a 15 minutes of your time.I know everyone are busy but 15 minutes is not too much to spend for guys who are working hard for our cause.I know many people are silently browsing the thread than the people who are posting .Guys don't be behind the doors all the times.You have to come out sometimes and this is the time for you to show little respect to the core team.
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aka
04-24 12:12 PM
Congrats Googler, you have given so much to this community. You totally deserve the good news! Have a couple of cold ones on us...
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cyberstar79
03-09 12:37 PM
Disappointing.
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Jaime
09-13 09:50 PM
PM me! We want to see as many of us in DC next Tuesday!!!! Let's go guys!!!!!
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desi3933
01-31 06:00 PM
desi3933,
Please correct me if I'm wrong but after reading this thread and from what I know ,what I understand is:
From the time one applies 485 we should have W2 amount close to what is mentioned in LC.
There is nothing like out of status thing from the time we apply for 485.
But from the last entry to US on non-immigrant visa to the date of applying 485 once should be in status and if they are out of status for less than 180 days it is considered ok.
My question is how do we show we were in status from the last entry to U.S on non-immigrant visa to the date 485 was filed ?
Will the W2 be sufficient or do we have to show our monthly pay stubs.
You mentioned in your 'Pandit' example about the H1 LC amount...how do we know what our H1 LCA amount is?
I would highly appreciate response.Thank you.
>> how do we know what our H1 LCA amount is?
Your employer should provide you a copy of LCA for H1. In addition, your employment letter should mention salary, along with employment terms, and job profile.
____________________
Not a legal advice.
US Citizen of Indian Origin
Please correct me if I'm wrong but after reading this thread and from what I know ,what I understand is:
From the time one applies 485 we should have W2 amount close to what is mentioned in LC.
There is nothing like out of status thing from the time we apply for 485.
But from the last entry to US on non-immigrant visa to the date of applying 485 once should be in status and if they are out of status for less than 180 days it is considered ok.
My question is how do we show we were in status from the last entry to U.S on non-immigrant visa to the date 485 was filed ?
Will the W2 be sufficient or do we have to show our monthly pay stubs.
You mentioned in your 'Pandit' example about the H1 LC amount...how do we know what our H1 LCA amount is?
I would highly appreciate response.Thank you.
>> how do we know what our H1 LCA amount is?
Your employer should provide you a copy of LCA for H1. In addition, your employment letter should mention salary, along with employment terms, and job profile.
____________________
Not a legal advice.
US Citizen of Indian Origin
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logiclife
04-23 04:22 PM
-------------
Northern California members we need volunteers for an event on Wednesday (04/25) in Campbell @ 1:00 p.m. for an hour. This is much more interactive event. No undocumented immigration issues just EB related issues. Please join the yahoo group and get involved. http://groups.yahoo.com/group/NC_Immigration_Voice/
Lets keep the momentum going.
You may want to start a new thread with an appropriate title, to get more attention from members in Northern CA.
Northern California members we need volunteers for an event on Wednesday (04/25) in Campbell @ 1:00 p.m. for an hour. This is much more interactive event. No undocumented immigration issues just EB related issues. Please join the yahoo group and get involved. http://groups.yahoo.com/group/NC_Immigration_Voice/
Lets keep the momentum going.
You may want to start a new thread with an appropriate title, to get more attention from members in Northern CA.
more...
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vin13
02-03 06:40 PM
I just watched an advertisement from americanworker.org on CNN
It is a negative campaign on legal foreign workers taking away american jobs. The website also has the commercial that was aired on CNN today.
Just an FYI
It is a negative campaign on legal foreign workers taking away american jobs. The website also has the commercial that was aired on CNN today.
Just an FYI
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rpatel
07-24 08:59 AM
We could pose this question to the USCIS Director today. He will be at Ask the White House at 4pm ET today. Pose your question at:
http://www.whitehouse.gov/ask
I just posted this very question on the website above. I hope it gets selected for the chat
http://www.whitehouse.gov/ask
I just posted this very question on the website above. I hope it gets selected for the chat
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pd_recapturing
12-10 03:49 PM
Do some population control in India and China, that would automatically fix the issue of retrogression. We are simply too many and we have clogged the system real bad. every 6th person on the face of this earth is Indian.
you hit the nail ... this is the biggest reason ...We are just too many and everyone wants to come to US
you hit the nail ... this is the biggest reason ...We are just too many and everyone wants to come to US
stucklabor
07-24 01:52 PM
The law 245 (c) clearly states that the status of the applicant may be adjusted to that of permanent resident only if the visa number is available.
Nowhere does it state that the application for adjustment of status can be accepted only if visa number is available.
What part of "an immigrant visa is immediately available to him at the time his application is filed" do you not understand?
And my comments about "The law is the law" and "There is no room for interpretation" refers only to this situation. It is clear as lagoon water that an immigrant visa needs to be available to the applicant at the time that the application is filed. As I said, any attempt to convince USCIS otherwise is a waste of time.
Nowhere does it state that the application for adjustment of status can be accepted only if visa number is available.
What part of "an immigrant visa is immediately available to him at the time his application is filed" do you not understand?
And my comments about "The law is the law" and "There is no room for interpretation" refers only to this situation. It is clear as lagoon water that an immigrant visa needs to be available to the applicant at the time that the application is filed. As I said, any attempt to convince USCIS otherwise is a waste of time.
Jitamitra
06-08 06:04 PM
Same old stuff. I dont see a light at the end of the tunnel till some immigration reform bill gets shoved in or a comprehensive immigration bill is introduced.
The obama administration is not in a mood to touch immigration and we live to be scape goats of policies back from 90's.
The obama administration is not in a mood to touch immigration and we live to be scape goats of policies back from 90's.
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