pappu
11-02 02:58 PM
Questions for everyone to research and post the answers------
-- Is there any real example on any internet forum, website or blog where someone faced problem in citizenship because they left their sponsor employer before 6 months expired? Do not find opinion but a real proof.
-- Can any lawyer provide a case example to illustrate the above. We can go into detail, talk to USCIS and seek clarification.
-- Is there anywhere in the law, memo or rulebook that says 6 month employment is needed after getting green card.
I will repeat again that I said earlier.
Again, do not quote some lawyer's opinion on this issue from his/her website.
-- Is there any real example on any internet forum, website or blog where someone faced problem in citizenship because they left their sponsor employer before 6 months expired? Do not find opinion but a real proof.
-- Can any lawyer provide a case example to illustrate the above. We can go into detail, talk to USCIS and seek clarification.
-- Is there anywhere in the law, memo or rulebook that says 6 month employment is needed after getting green card.
I will repeat again that I said earlier.
Again, do not quote some lawyer's opinion on this issue from his/her website.
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vadicherla
11-25 08:01 PM
Thanks Pappu
chanduv23
10-10 06:03 AM
Dude...you still remember this Alpheratta GA company?
Oh, they were about to trap me into joining them, I did an interview through them back in 2001 the client wanted to hire and when I told them I am not interested, they started forcing me, then they sent a employee to my apartment to bring me to their place, my roommate joined them and he also had a tough time, he later transferred his h1 to a middle client and after that both me and my roommate had to constantly workout strategies to get his w2s, paystubs etc.... they gave him a real tough time
Oh, they were about to trap me into joining them, I did an interview through them back in 2001 the client wanted to hire and when I told them I am not interested, they started forcing me, then they sent a employee to my apartment to bring me to their place, my roommate joined them and he also had a tough time, he later transferred his h1 to a middle client and after that both me and my roommate had to constantly workout strategies to get his w2s, paystubs etc.... they gave him a real tough time
2011 Tags: Women Wallpapers
senthil1
08-10 12:49 PM
I think LS is not needed as most of the people filed I485 because of VB fisaco. If they increase number of GC(I think it may happen some time before 2009) then LS will not be useful as most people will get gc within 1 or 2 years
Hi
I think you did good job that you accepted LS from your company.
I never used LS even though it was available at that time. But I don't hate who accepted this LS, I know it was legal and it�s for the company who can utilize their labor instead for waiting for approval of another labor.
I would like to say people who hate thus who used LS because they missed this or they never got chance to get LS, or they never had that much dare to pay the money and get that.
Dude nobody is "DHARMATMA" here. And don�t try to show that you are clean.
So please stop this non-sense and hating people who used LS. Just give your suggestion on post if anybody is looking for any suggestion. Otherwise just ignore it.
Thanks to all:)
onemorecame
Hi
I think you did good job that you accepted LS from your company.
I never used LS even though it was available at that time. But I don't hate who accepted this LS, I know it was legal and it�s for the company who can utilize their labor instead for waiting for approval of another labor.
I would like to say people who hate thus who used LS because they missed this or they never got chance to get LS, or they never had that much dare to pay the money and get that.
Dude nobody is "DHARMATMA" here. And don�t try to show that you are clean.
So please stop this non-sense and hating people who used LS. Just give your suggestion on post if anybody is looking for any suggestion. Otherwise just ignore it.
Thanks to all:)
onemorecame
more...
pappu
09-02 10:28 AM
We WILL get 10K+. (I will not be surprised if it is double that number) Here is why:
Its just that we have not yet reached everyone in the community yet. Everyone reading this message, please make sure to pass on the rally information to at least one person you know, this weekend. Then ask that person to pass it on further.
Let us use all our networking to best use here. 10K is not a difficult number. When we started this organization, we could not even get 10 people together, but nobody gave up hope.
The success of the rally, this cause and our own greencard issues depends on each one of us. I'm sure we are all capable of sharing this responsibility.
Its just that we have not yet reached everyone in the community yet. Everyone reading this message, please make sure to pass on the rally information to at least one person you know, this weekend. Then ask that person to pass it on further.
Let us use all our networking to best use here. 10K is not a difficult number. When we started this organization, we could not even get 10 people together, but nobody gave up hope.
The success of the rally, this cause and our own greencard issues depends on each one of us. I'm sure we are all capable of sharing this responsibility.
masti_Gai
09-15 07:40 AM
who said that after a GC ppl would settle down for a permanent job. No way
after GC i need to mint money for my family & enjoy life too. I dont know about others tho. I will settle down in DC Belt area where one can keep gettin consultancy jobs one after the other and make a million. Most of them are Fed jobs for which one needs to have a clearance and for that one needs to have GC.
we can make a lot of $$$ per hour on such job. Assignments vary from 6 months to 18 months. What more do u want.
why work two jobs and burn our ass off...
we need to enjoy ur life too. If we only made money n neva spent it therez no use of it.:eek: :eek:
I NEED A GREEN CARD PERIOD!!!:) :) :) :)
after GC i need to mint money for my family & enjoy life too. I dont know about others tho. I will settle down in DC Belt area where one can keep gettin consultancy jobs one after the other and make a million. Most of them are Fed jobs for which one needs to have a clearance and for that one needs to have GC.
we can make a lot of $$$ per hour on such job. Assignments vary from 6 months to 18 months. What more do u want.
why work two jobs and burn our ass off...
we need to enjoy ur life too. If we only made money n neva spent it therez no use of it.:eek: :eek:
I NEED A GREEN CARD PERIOD!!!:) :) :) :)
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danila
07-31 10:24 AM
The online case status reflects the notice dates and not the actual received dates....These are the dates the cases were entered into USCIS's systems...
I believe it's not the notice date. My notice date is one day after the date from their website. Most likely it's that date when they entered the case into the system.
I believe it's not the notice date. My notice date is one day after the date from their website. Most likely it's that date when they entered the case into the system.
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Gravitation
12-13 10:12 AM
I hope it doesn't retrogress in future.
I still don't understand why is EB-2 not moving forward especially that EB-1 is current.
Too many people converted to perm-EB2 when EB3 retrogression hit. Also, excess EB2 RoW are not flowing to EB2-India but to EB3 instead.
I still don't understand why is EB-2 not moving forward especially that EB-1 is current.
Too many people converted to perm-EB2 when EB3 retrogression hit. Also, excess EB2 RoW are not flowing to EB2-India but to EB3 instead.
more...
qasleuth
04-13 11:01 PM
Secondly, the current mess we are in was caused by the "sub prime" mortgage loans. If you know what "sub prime" means, then you probably know the areas where these houses were purchased. Have you seen the neighborhoods or the areas where these houses are foreclosed? A majority of us won't even drive through there, leave alone buying houses there. So obviously, us buying homes is not going to solve this economic mess. If you still insist, then you perhaps need to take a class on economics 101.
Welcome. I urge you to browse this wonderful site and try to gather more information as to what IV has to offer and its history.
BTW: "sub prime" has nothing to do with the real estate market or the location of the house. It is a financial term to describe a "risk" category invented for the layman. People who got loans even though they do not have the 'prime' credit rating and paid zero down payment are the ones who are walking away from their houses. These foreclosed houses can be anywhere and probably in better locations than not, as their prices would not have precipitously climbed during 2003-2006 crazy years.
Welcome. I urge you to browse this wonderful site and try to gather more information as to what IV has to offer and its history.
BTW: "sub prime" has nothing to do with the real estate market or the location of the house. It is a financial term to describe a "risk" category invented for the layman. People who got loans even though they do not have the 'prime' credit rating and paid zero down payment are the ones who are walking away from their houses. These foreclosed houses can be anywhere and probably in better locations than not, as their prices would not have precipitously climbed during 2003-2006 crazy years.
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gveerab
12-29 05:39 PM
You cannot change employer and keep I-140 if you have not filed I-485 yet. You will have to start the GC process anew if you change the jobs now. So wait untill you apply for I-485. Wait 180 more days after that and you are free to change jobs if your new job is same or similar to your current job.
As you started your GC just now, it's OK to switch the employer and start the GC process once again. If your new employer is ready to start GC process and ready to offer good package, go ahead and take. Don't even think about any other things. If you have to pay for your GC, you need to work on the pros,cons and expenses.
As the dates retrogressed so badly, there will not be any difference if your PD changes by couple of months.
As you started your GC just now, it's OK to switch the employer and start the GC process once again. If your new employer is ready to start GC process and ready to offer good package, go ahead and take. Don't even think about any other things. If you have to pay for your GC, you need to work on the pros,cons and expenses.
As the dates retrogressed so badly, there will not be any difference if your PD changes by couple of months.
more...
chi_shark
02-12 01:35 PM
so for folks who are in the queue with USCIS in the states now (485 applied), can we change over to consular processing now?
Some hopes.........
http://immigration-information.com/forums/showthread.php?t=7168&page=2
Thanks
MDix
Some hopes.........
http://immigration-information.com/forums/showthread.php?t=7168&page=2
Thanks
MDix
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gc28262
06-10 05:21 PM
We shouldn't give much significance to what USCIS and DOS officials say. Both of these departments don't have a grasp on what is happening in their respective organizations.
They are just government officials doing some PR activity for the sake of it.
I also don't give any significance to the description that DOS provides in visa bulletins ( Due to extreme demand, visa category X is oversubscribed.. blah blah blah ...):mad:
They are just government officials doing some PR activity for the sake of it.
I also don't give any significance to the description that DOS provides in visa bulletins ( Due to extreme demand, visa category X is oversubscribed.. blah blah blah ...):mad:
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house Jesus Wallpaper
GC_2008
11-20 08:17 AM
This thread is interesting... US is headed to a economic slowdown currently (everyone knows that), and Bernanke (the fed chairman) and others are working hard trying to guide this country to a "soft landing". Some foriegn banks/investment firms have already withdrawn US market from their investment lists/porfolios, and this will get worse for this country. Japan went through a major slowdown in the 90s and it took them more than a decade to recover. As funny as this post can be, but US will have to look at every angel to stablize their economy, even in a small scale. This does not isolated to housing only. Issing green cards to highly skilled immigrants can only better this country, not worse. After all we put greencard into good use and I believe most will agree on this.
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glen
04-01 06:27 PM
Fax 10 & 11 done.
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n_2006
10-12 10:48 AM
I do not unterstand why so many people here cry on others. You discuss about your problem and try to find ways to resolve. Everybody has to resolve their own issues first(let it be small or big). People in FP, EAD stage can not cry on people who already got GC or citizenship.
Thats true..everybody are bothered about EAD and FP. I am here for more than 8 years in this country. IV should emphasise this and USICS should allow affected candidates like us to file I-485 and atleast get EAD. we have priority date earlier compared to others.
Thats true..everybody are bothered about EAD and FP. I am here for more than 8 years in this country. IV should emphasise this and USICS should allow affected candidates like us to file I-485 and atleast get EAD. we have priority date earlier compared to others.
dresses MADRE DE JESUS.
longq
12-20 03:41 PM
Hello IV and its core members,
I am one of the members of the forum and suffering due to the severe retrogression of EB visas. I highly appreciate IV�s effort to bring some legislative relief to address the severe backlogs in EB visas. I too participated in all IVs campaign in urging the law makers to bring some relief for this crisis. However, I have some concern here; about the method followed U.S DOS in allocating EB visas particularly in EB2 category for India and China. I am worried whether U.S DOS is violating the INA 202 (a), by suspending AC21 provision that eliminates country quota in EB categories. If they are violating by mistake, it is our responsibility to notify/clarify with them or we need to understand the law clearly. This is very important. Because, even if 110th congress passes SKIL bill, if DOS violates the AC21 law then it will not help applicants from oversubscribed countries (India and China). Here is my analysis based on following facts.
The cutoff date for EB2 India has moved just 7 days since last 9 months. However EB2 �Row has been current. EB2- ROW has never retrogressed before. EB3 ROW has seen considerable movement in last 9 months.
There may be four possible separate or combination of following reasons for the freeze of cutoff dates for India in EB2 at Jan 2003.
1. The backlog elimination effort of DOL pumped massive approved labor certificates from BEC. There may be tons of EB2 applicants from India and China with PD in the year 2001 and 2002 might have applied 485s based on recent approvals from BEC. However I doubt that. Because, in the year 2001, 2002 and 2003, EB3 India and China were �current�. No body cared about filing EB2 labor certification till the later part of 2004. Most lawyers preferred to file EB3 as it was easy, and there were no difference between EB3 and EB2 at that time. First ever indication for EB3 retrogression was issued by DOS only in later part of 2004. I doubt so many people have filed EB2-labor till 2003, keeping in mind that EB3 will retrogress in 2004 or future. Traditionally EB2 has been less demanding compare to EB1 and EB3.
2. Perhaps, there may be a huge demand by ROW (Due to PERM) to consume all the 86% of visa numbers in EB2 category in every month that prompts DOS to allocate only 7% to India and China. I doubt this too, because India and China itself consume about 60% of EB2 visas.
3. There may be lot of EB3 Indians and Chinese with PD 2001 and 2002 porting their PD from EB3 to EB2 by filing new LC and EB2-I-140. This may escalate the demand. However, how many will do this? How many employers will to do this �favor� for their employees? A real US employer/big corporations will not do double time work for an employee. Only consulting/staffing companies will do this. I think this may be a small group (or may not be?).
4. There may be another possible reason. There may be something wrong with U.S.DOS in allocating visa numbers in EB2 category, as per section 202 (a) of current INA. They may be issuing only 2800 (7% of 40,000) visas to India and China in EB2 and redirecting unused EB2 numbers to EB3 category. They may be imposing hard country cap in EB2 (Suspending AC21 law as per their VB Nov 2005). There is a large room for this speculation, due to the pattern of cutoff date movement in EB2 category. This is just a speculation. This argument/speculation is valid if DOS has issued less than 40,000 EB2 visas in FY 2006 as mandated by the law, and issued those numbers (40,000 minus actually issued) to EB3-ROW. In my view, it violates section 203 (b) (2) of the INA. One has to wait till they release statistics for FY 2006, to see how many EB2 visas are issued in that FY.
Here is some detailed analysis that says why it violates the law.
Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000. The worldwide level for annual employment-based preference immigrants is at least 140,000. Section 203 a and b of the Immigration and Nationality Act (INA) sets numbers for each preference categories with in FB and EB.
Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620. The dependent area limit is set at 2%, or 7,320. This section also explains how to handle unused numbers with respect to country quota.
Even before AC21 rule enacted in 2000, there was no �hard� country cap as per INA then. Here is the section of INA before year 2000, describes how to allocate unused visas, if overall/total demand for FB an EB visas are less than supply*.
INA 202 (a) (3)
�Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a-Family category) and (b-Employment category) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter�.
Therefore, the 7% country cap had always been �soft� till year 2000.
After year 2000, AC21 has completely removed country cap in each employment category, if excess visas are available in each preference categories.
After 2000 (After AC21) the following law was added to INA in the section 202.
INA 202 (a) (5) (A)
EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
As per my simple interpretation of above AC21 rule, DOS should allocate unused visas by ROW �EB2 (ROW- countries other than India and China in EB2 category) for the first two months of any calendar quarter to over-subscribed countries (India & China) at the third month of that calendar quarter. They should not allocate to lower Preference category (EB3), if demand is more in higher preference category (EB2) to consume all the visa numbers in that preference category. They should allocate visas to all the documentarily qualified applicants in that (EB2) preference category, irrespective of country of birth. If they followed this rule/law, there may be a considerable movement in cut-off dates for India and China in Dec 2005, Mar, June and Sep of 2006 in EB2 (last month of each calendar quarter in a fiscal year). We have not witnessed such movement in last 1.5 years. No one knows how DOS is allocating numbers. They may be allocating only 7% visas to India and China in EB2 category very strictly, every month, and allocating unused numbers to EB3 category, by suspending AC21 law as indicated in their Nov 2005 Visa Bulletin. If they do so, it is against the law, at least in my interpretation of AC21 rule that eliminates country quota in EB categories.
DOS can not interpret above AC21 rule that eliminates per country limit applies �totally� to all EB categories put together, not by individual preference categories. I.e. If they say they will issue more than 2,800 visas to EB2- India per year (more than 7% of 40,000), provided overall demand for EB visas are less than 140,000. If they interpret the law like this, then there is no need for section 202(a) (5) (A) due to AC21 law. The law before AC21 {i.e. section 202 (a) (3)} itself address the elimination of country quota in both FB and EB category*. Then, section 202(a) (5) (A) is a duplicate wording of section 202(a) (3). So, this section of AC21 law becomes a redundant/duplicate law. Then, there is no meaning of employment �preference� category if they interpret �totally or overall worldwide demand�. In other words, a non-Indian/Chinese restaurant cook (EB3) is more preferred than a NIW PhDs (EB2) from India or China. Is it the intend of the congress when enacting AC21 law in removing per country limitation in EB category? Is it the American Competitiveness in 21st century? I highly doubt that.
Now it is the time to ask US DOS, how they are allocating visa number in EB2 category. If DOS interpreting the law differently, then we need to ask the law makers (Congress) what is their original intension behind the section 202(a)(5)(A) when they drafted the AC21 law in 2000 and how it is differ from 202 (a) (3).
Perhaps Core IV team can initiate to discuss/consult this issue with an immigration lawyer and place an enquiry with DOS or Law makers, if needed.
(*Note: DOS do not mix FB and EB categories for visa number allocation/calculation to meet the per country limit. They keep both in separate track to meet separately the 7% limit)
I am one of the members of the forum and suffering due to the severe retrogression of EB visas. I highly appreciate IV�s effort to bring some legislative relief to address the severe backlogs in EB visas. I too participated in all IVs campaign in urging the law makers to bring some relief for this crisis. However, I have some concern here; about the method followed U.S DOS in allocating EB visas particularly in EB2 category for India and China. I am worried whether U.S DOS is violating the INA 202 (a), by suspending AC21 provision that eliminates country quota in EB categories. If they are violating by mistake, it is our responsibility to notify/clarify with them or we need to understand the law clearly. This is very important. Because, even if 110th congress passes SKIL bill, if DOS violates the AC21 law then it will not help applicants from oversubscribed countries (India and China). Here is my analysis based on following facts.
The cutoff date for EB2 India has moved just 7 days since last 9 months. However EB2 �Row has been current. EB2- ROW has never retrogressed before. EB3 ROW has seen considerable movement in last 9 months.
There may be four possible separate or combination of following reasons for the freeze of cutoff dates for India in EB2 at Jan 2003.
1. The backlog elimination effort of DOL pumped massive approved labor certificates from BEC. There may be tons of EB2 applicants from India and China with PD in the year 2001 and 2002 might have applied 485s based on recent approvals from BEC. However I doubt that. Because, in the year 2001, 2002 and 2003, EB3 India and China were �current�. No body cared about filing EB2 labor certification till the later part of 2004. Most lawyers preferred to file EB3 as it was easy, and there were no difference between EB3 and EB2 at that time. First ever indication for EB3 retrogression was issued by DOS only in later part of 2004. I doubt so many people have filed EB2-labor till 2003, keeping in mind that EB3 will retrogress in 2004 or future. Traditionally EB2 has been less demanding compare to EB1 and EB3.
2. Perhaps, there may be a huge demand by ROW (Due to PERM) to consume all the 86% of visa numbers in EB2 category in every month that prompts DOS to allocate only 7% to India and China. I doubt this too, because India and China itself consume about 60% of EB2 visas.
3. There may be lot of EB3 Indians and Chinese with PD 2001 and 2002 porting their PD from EB3 to EB2 by filing new LC and EB2-I-140. This may escalate the demand. However, how many will do this? How many employers will to do this �favor� for their employees? A real US employer/big corporations will not do double time work for an employee. Only consulting/staffing companies will do this. I think this may be a small group (or may not be?).
4. There may be another possible reason. There may be something wrong with U.S.DOS in allocating visa numbers in EB2 category, as per section 202 (a) of current INA. They may be issuing only 2800 (7% of 40,000) visas to India and China in EB2 and redirecting unused EB2 numbers to EB3 category. They may be imposing hard country cap in EB2 (Suspending AC21 law as per their VB Nov 2005). There is a large room for this speculation, due to the pattern of cutoff date movement in EB2 category. This is just a speculation. This argument/speculation is valid if DOS has issued less than 40,000 EB2 visas in FY 2006 as mandated by the law, and issued those numbers (40,000 minus actually issued) to EB3-ROW. In my view, it violates section 203 (b) (2) of the INA. One has to wait till they release statistics for FY 2006, to see how many EB2 visas are issued in that FY.
Here is some detailed analysis that says why it violates the law.
Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000. The worldwide level for annual employment-based preference immigrants is at least 140,000. Section 203 a and b of the Immigration and Nationality Act (INA) sets numbers for each preference categories with in FB and EB.
Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620. The dependent area limit is set at 2%, or 7,320. This section also explains how to handle unused numbers with respect to country quota.
Even before AC21 rule enacted in 2000, there was no �hard� country cap as per INA then. Here is the section of INA before year 2000, describes how to allocate unused visas, if overall/total demand for FB an EB visas are less than supply*.
INA 202 (a) (3)
�Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a-Family category) and (b-Employment category) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter�.
Therefore, the 7% country cap had always been �soft� till year 2000.
After year 2000, AC21 has completely removed country cap in each employment category, if excess visas are available in each preference categories.
After 2000 (After AC21) the following law was added to INA in the section 202.
INA 202 (a) (5) (A)
EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
As per my simple interpretation of above AC21 rule, DOS should allocate unused visas by ROW �EB2 (ROW- countries other than India and China in EB2 category) for the first two months of any calendar quarter to over-subscribed countries (India & China) at the third month of that calendar quarter. They should not allocate to lower Preference category (EB3), if demand is more in higher preference category (EB2) to consume all the visa numbers in that preference category. They should allocate visas to all the documentarily qualified applicants in that (EB2) preference category, irrespective of country of birth. If they followed this rule/law, there may be a considerable movement in cut-off dates for India and China in Dec 2005, Mar, June and Sep of 2006 in EB2 (last month of each calendar quarter in a fiscal year). We have not witnessed such movement in last 1.5 years. No one knows how DOS is allocating numbers. They may be allocating only 7% visas to India and China in EB2 category very strictly, every month, and allocating unused numbers to EB3 category, by suspending AC21 law as indicated in their Nov 2005 Visa Bulletin. If they do so, it is against the law, at least in my interpretation of AC21 rule that eliminates country quota in EB categories.
DOS can not interpret above AC21 rule that eliminates per country limit applies �totally� to all EB categories put together, not by individual preference categories. I.e. If they say they will issue more than 2,800 visas to EB2- India per year (more than 7% of 40,000), provided overall demand for EB visas are less than 140,000. If they interpret the law like this, then there is no need for section 202(a) (5) (A) due to AC21 law. The law before AC21 {i.e. section 202 (a) (3)} itself address the elimination of country quota in both FB and EB category*. Then, section 202(a) (5) (A) is a duplicate wording of section 202(a) (3). So, this section of AC21 law becomes a redundant/duplicate law. Then, there is no meaning of employment �preference� category if they interpret �totally or overall worldwide demand�. In other words, a non-Indian/Chinese restaurant cook (EB3) is more preferred than a NIW PhDs (EB2) from India or China. Is it the intend of the congress when enacting AC21 law in removing per country limitation in EB category? Is it the American Competitiveness in 21st century? I highly doubt that.
Now it is the time to ask US DOS, how they are allocating visa number in EB2 category. If DOS interpreting the law differently, then we need to ask the law makers (Congress) what is their original intension behind the section 202(a)(5)(A) when they drafted the AC21 law in 2000 and how it is differ from 202 (a) (3).
Perhaps Core IV team can initiate to discuss/consult this issue with an immigration lawyer and place an enquiry with DOS or Law makers, if needed.
(*Note: DOS do not mix FB and EB categories for visa number allocation/calculation to meet the per country limit. They keep both in separate track to meet separately the 7% limit)
more...
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bestia
07-17 04:15 AM
If we will get EADs, let's see who are gonna be our friends and enemies:
Lawyers. They are never our friends. If you are on H1b, then you better do every extension through the lawyer. If your H1b extension will be denied, you are in trouble. If you are on AOS/EAD cycle - you don't need a lawyer. It's a simple application. If for some reason your EAD denied (because you screwed something up in application), you will just reapply - it will not affect your status. If you will have a gap - just take leave without pay, to be formally compliant. So.. lawyers will lose, if we will all jump on EAD.
Employers. Believe me, so many consulting companies will be out of business for good, because a lot of folks will just join other companies for better salaries. It will be no more slavery, no more intimidation. For a lot of employers "f$%4 off" will be the usual thing they hear. So they won't like it.
Average American. We will be able to compete with them directly and kick them out of many positions. It's a capitalist country, and competition is a key to prosperity. It is much harder to find a job on H1B than with EAD. Yes, average American employee is undereducated and overpriced, and with a lot of demand and drama. Successful companies will love to hire us.
US government. They will like to get us on EAD, because we will start having higher salaries and will be paying higher taxes. We will start paying yearly EAD/AP fees. So, in this case DOS is on our side.
I think DOS perfectly understood that, that's why they made dates current to force USCIS give us EAD. It was no mistake. But all kinda anti-immigrant forces desperately made this impossible by more likely braking the law.
Lawyers. They are never our friends. If you are on H1b, then you better do every extension through the lawyer. If your H1b extension will be denied, you are in trouble. If you are on AOS/EAD cycle - you don't need a lawyer. It's a simple application. If for some reason your EAD denied (because you screwed something up in application), you will just reapply - it will not affect your status. If you will have a gap - just take leave without pay, to be formally compliant. So.. lawyers will lose, if we will all jump on EAD.
Employers. Believe me, so many consulting companies will be out of business for good, because a lot of folks will just join other companies for better salaries. It will be no more slavery, no more intimidation. For a lot of employers "f$%4 off" will be the usual thing they hear. So they won't like it.
Average American. We will be able to compete with them directly and kick them out of many positions. It's a capitalist country, and competition is a key to prosperity. It is much harder to find a job on H1B than with EAD. Yes, average American employee is undereducated and overpriced, and with a lot of demand and drama. Successful companies will love to hire us.
US government. They will like to get us on EAD, because we will start having higher salaries and will be paying higher taxes. We will start paying yearly EAD/AP fees. So, in this case DOS is on our side.
I think DOS perfectly understood that, that's why they made dates current to force USCIS give us EAD. It was no mistake. But all kinda anti-immigrant forces desperately made this impossible by more likely braking the law.
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abhi_022001
03-26 02:06 PM
I recently moved to Houston TX for a new job on EAD and got a vertical driving license which is valid till 2015 but there is a line printed on it "Temporary visitor status expires july 2010" which is expirary date of my EAD card...
I think I will have to go to DMV again after getting new EAD card in 2010 to revalidate the new date
I think I will have to go to DMV again after getting new EAD card in 2010 to revalidate the new date
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amit79
04-08 09:09 PM
Man this sucks. I have been here for 6 years, got my Bachelors here, and now finishing my Masters. And now what awaits me is a damn lucky draw.
I seriously hope that the new bill gets approved, even if they don't approve the suggested 130K H1B quota, at least they should pass the clause of banning consultants from filing for H1B. The new bill suggests that only employers should be allowed to file for H1B and not third party consultants.
Damn touts.
Well good luck to everyone.
I seriously hope that the new bill gets approved, even if they don't approve the suggested 130K H1B quota, at least they should pass the clause of banning consultants from filing for H1B. The new bill suggests that only employers should be allowed to file for H1B and not third party consultants.
Damn touts.
Well good luck to everyone.
vamsi_poondla
09-28 01:04 AM
look the same. From those Anti_immigrant, anti-foriegn programers group. Wake up buddy you should welcome new immigrants or you and your father won't get your social security payment. That's reality. Becoz all of your children are working in either Burger Kings or McDonald's without working hard for thier degrees. And I agree they work hard on asking you if it is TO GO or for here. You want any soda?
Go Figure!
In what way this is related to the post? You need not flare up and bring all this crap if someone like cnndwag wanted to say what he felt obvious.
For me it looks like an honest mistake or intended mistake by someone who wants to get GC fast. (and getting GC in EB2 or EB1 is not a great award..it just reduces the queue). If what IV is fighting for is achieved, nobody cares to switch the categories as everybody will get their GC on time.
Go Figure!
In what way this is related to the post? You need not flare up and bring all this crap if someone like cnndwag wanted to say what he felt obvious.
For me it looks like an honest mistake or intended mistake by someone who wants to get GC fast. (and getting GC in EB2 or EB1 is not a great award..it just reduces the queue). If what IV is fighting for is achieved, nobody cares to switch the categories as everybody will get their GC on time.
rajakannan
06-28 08:02 PM
if everyone is so confident tht "USCIS has to accept 485 thru JULY 31 no matter what" then why the rush by few to file on july 1st are they selfish and don;t care about others ??, can everyone join together and file on a particular day for the benefi of all ?
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