ashwin_27
11-19 01:25 PM
The goal of this action item is to get as many impacted EB folks to write to/talk to their lawmakers. i assume that is why this action item was announced on the public forum.
For every anti-immigrant who might view this message, we hope that there will be 20-50 EB folks who speak up and act on the action item. We cannot be scared of opposition and limit every action item to members only...that way we will never get a mass response that is required for such an initiative.
We have 29 guests viewing this thread as I type! Can we make this forum members only? IMHO they are not adding any value and may contain prying anti's in their mix....
For every anti-immigrant who might view this message, we hope that there will be 20-50 EB folks who speak up and act on the action item. We cannot be scared of opposition and limit every action item to members only...that way we will never get a mass response that is required for such an initiative.
We have 29 guests viewing this thread as I type! Can we make this forum members only? IMHO they are not adding any value and may contain prying anti's in their mix....
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sanhari
08-13 10:44 AM
I think one need to create database based on who came in what year and what is the priority data's . True there are people like me came in 2000 and still has priority date as Dec 2004, this is not my fault, this is forced by GC process tied with employer.
The landing or start date of H1b/L1B + old priority date should be the real beneficiary of spillover in respective of EB.
You can try, but I don't think arguing based on landing/start date will work, because that time the intent is not for immigration(I also have a 3 year delay on my GC filing, due to my company). But the priority date which is an official starting point for an intent to be an immigrant has a better chance for success. Thank you for your inputs.
The landing or start date of H1b/L1B + old priority date should be the real beneficiary of spillover in respective of EB.
You can try, but I don't think arguing based on landing/start date will work, because that time the intent is not for immigration(I also have a 3 year delay on my GC filing, due to my company). But the priority date which is an official starting point for an intent to be an immigrant has a better chance for success. Thank you for your inputs.
factoryman
07-02 12:15 AM
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.
Hi guys,
With all the news floating around about the VISAs getting exhausted in early July on one side and having an employer who does not seem too eager to apply for I485 since past two months, how does one deal with it ?
I wish all this was a little less complicated..:confused:
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.
Hi guys,
With all the news floating around about the VISAs getting exhausted in early July on one side and having an employer who does not seem too eager to apply for I485 since past two months, how does one deal with it ?
I wish all this was a little less complicated..:confused:
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tamil12
07-19 05:33 PM
how to use the spillover is purely an USCIS decision. Only to use the spillover to avoid wastage is a law, which is already in place. Infact USCIS was not doing this top down approach on spill over few years ago, this is a new practice they are following since last Fiscal Year, so I strongly believe if Congressmen/women puts pressure/more request it can be changed to a fair application of visa spillover to benefit all that are in the queue for a long wait.
Well Said..
The Spill over changed from the Year 2007 ...It will be Fair to allocate the spill over Visa to oldest PD for the Retrogessed country.
Well Said..
The Spill over changed from the Year 2007 ...It will be Fair to allocate the spill over Visa to oldest PD for the Retrogessed country.
more...
sts_seeker
02-05 02:20 PM
Hi All,
I went to PR landing in Toronto in Oct07. No prob in Canadian Side. The issue is if you don't have stamped h1-B and are trying to use "AVR" rule, its scary. The officer harassed me and told me that I was trying to use the loophole of the system. He said that it's up to his discretion to let me in to USA. He highlighted the part in H-1b and made me read it as well. I had to talk about some excuse but would not listen. Finally he let me in and asked me to make sure and reserve a visa appointment for later date at us consulate at Canada. He said that you need to show that at least your are trying to make an attempt to obtain visa,not just go back and forth. When I came back I made a visa reservation and kept a printout of it. Later you can cancel it. It just depends on the officer whom you enconter.
I even heard some officer even asked you to choose either Canadian PR or US PR if they know your AOS is pending but not both.
So, Its little tricky but don't get too scared. Be polite to the officer, have a printout of visa reservation and tell them that it takes at least 3 months to get an appointment and I have to travel to Canada in emergency(pr landing)
Thanks
Sts_seeker
I went to PR landing in Toronto in Oct07. No prob in Canadian Side. The issue is if you don't have stamped h1-B and are trying to use "AVR" rule, its scary. The officer harassed me and told me that I was trying to use the loophole of the system. He said that it's up to his discretion to let me in to USA. He highlighted the part in H-1b and made me read it as well. I had to talk about some excuse but would not listen. Finally he let me in and asked me to make sure and reserve a visa appointment for later date at us consulate at Canada. He said that you need to show that at least your are trying to make an attempt to obtain visa,not just go back and forth. When I came back I made a visa reservation and kept a printout of it. Later you can cancel it. It just depends on the officer whom you enconter.
I even heard some officer even asked you to choose either Canadian PR or US PR if they know your AOS is pending but not both.
So, Its little tricky but don't get too scared. Be polite to the officer, have a printout of visa reservation and tell them that it takes at least 3 months to get an appointment and I have to travel to Canada in emergency(pr landing)
Thanks
Sts_seeker
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...
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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gc4sk
06-27 11:52 AM
Diptam, Don�t leave the employer but force them to terminate you after 160 days of filing I-485. Don't clear any client interview and force them to pay you salary as it is employers job to give you work. Take rest at home on full salary. A time will come when employer will no longer afford to loose any more money and they will terminate you. Also ask for severance package when they terminate you.
This is not a legal advice just a suggestion
This is not a legal advice just a suggestion
more...
gccovet
08-01 11:24 AM
Applied EAD renewal on 5/29 @TSC- paper baseed, still waiting.....
I-131 applied in 1st week of June, got approved first week of July (wired!!!)
Getting worried now!!!
GCCovet
I-131 applied in 1st week of June, got approved first week of July (wired!!!)
Getting worried now!!!
GCCovet
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nixstor
07-08 11:24 AM
no it will not be voilation of the law at all. consider this scenario thats been going on for the last 30+ years. For example July 2006 visa bulletin for EB2 india was jan 2003 and the August 2006 visa bulletin for EB2 india was unavailable. EB2 india visa numbers might have already been used up when the August 2006 visa bulletin was released but they still accepted the AOS petitions filed until the end of July 2006, they did not issue an updated visa bulletin or a revised visa bulletin saying eb2 india numbers are used up and they will not accept eb2 india aos applications, they continued accpeting AOS applications until the end of july 2006.
If you have the patience you can go through the visa bulletin archieves and find many such examples. The point is for the last 30+ years USCIS\DOS accepted applications according to the visa bulletin even when visa numbers were used up, they could have just followed the same precedent that they themselves set for the last 30+ years and accepted the applications this time as well without issuing a revised visa bulletin. I am no legal expert but that is how i see it.
Absolutely, Those who filed in June 2006 had a visa number available which were exhausted by the month of Aug 2006. I am not saying that there is a one to one match between availability of visa number and adjudication of visa number. To be more clear, DOS and USCIS might have took 30K applications when there were 20k visa numbers. I am totally aware of this. How ever, all these went unnoticed because there was not a deluge of applications like this and USCIS did not care much about the extra 10K, who will wait until they are available. It could also be possible that they were doing this so randomly like they have done right now, with out proper communication and have not hurt each other. But the deluge of applications sure did bothered USCIS and hence they worked over time to exhaust numbers. As we all know, there is no rule to say that if there are 20K visa numbers, stop accepting applications once you reach 20K, they have to honor the VB for that month even though they get 200k applications. Thats why they exhausted the number by July 1st and when they could not complete by Jun 30th. I feel that USCIS will have a tough time answering
a) How USCIS used the numbers before the start of the quarter, even though they are not authorized to?
b) How USCIS approved some folks on July 1st , when the July VB is already effective?
c) lastly the poor communication between agencies and the grievances suffered by every one involved, if at all.
If you have the patience you can go through the visa bulletin archieves and find many such examples. The point is for the last 30+ years USCIS\DOS accepted applications according to the visa bulletin even when visa numbers were used up, they could have just followed the same precedent that they themselves set for the last 30+ years and accepted the applications this time as well without issuing a revised visa bulletin. I am no legal expert but that is how i see it.
Absolutely, Those who filed in June 2006 had a visa number available which were exhausted by the month of Aug 2006. I am not saying that there is a one to one match between availability of visa number and adjudication of visa number. To be more clear, DOS and USCIS might have took 30K applications when there were 20k visa numbers. I am totally aware of this. How ever, all these went unnoticed because there was not a deluge of applications like this and USCIS did not care much about the extra 10K, who will wait until they are available. It could also be possible that they were doing this so randomly like they have done right now, with out proper communication and have not hurt each other. But the deluge of applications sure did bothered USCIS and hence they worked over time to exhaust numbers. As we all know, there is no rule to say that if there are 20K visa numbers, stop accepting applications once you reach 20K, they have to honor the VB for that month even though they get 200k applications. Thats why they exhausted the number by July 1st and when they could not complete by Jun 30th. I feel that USCIS will have a tough time answering
a) How USCIS used the numbers before the start of the quarter, even though they are not authorized to?
b) How USCIS approved some folks on July 1st , when the July VB is already effective?
c) lastly the poor communication between agencies and the grievances suffered by every one involved, if at all.
more...
nviren
05-02 08:01 PM
Looks like SKIL Bill has been assigned a number. I can't search it on Thomas though.
http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/87bc9c5e0e20eae085257162006a03c8?OpenDocument
http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/87bc9c5e0e20eae085257162006a03c8?OpenDocument
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gk_2000
07-20 04:27 PM
Correct me If I am wrong
out of 45K members let's assume 22.5 K are EB2 and 22.5 K are EB3.
Even If 11.25K (EB2)+11.25K (EB3) = 22.5 K (Total) contributes $25 Each Problems gets solved ... but the catch is ....
Even 11.25 K EB2 members are not contributing because they don't have to as their problem is solved
Even 11.25 K EB3 members are not contributing because they are not sure even with this contribution their problems gets solved.
Many people are saying that EB3 members are not contributing that's why you are lagging etc...
EB3 Members who contributed are feeling the pain because even after contribution they are not getting the results and EB2 members who didn't contributed are getting the results...
Could you elaborate on how the money will solve the problem? If we could make a laundry list of action items and cost for each, we could do an extensive email campaign among all our members and convince them to contribute
More people will contribute if and when they get a clear picture of how the money will work for them
And no, I am not making any statement here throwing suspicions and distrust or ill will. This is a suggestion for improving the contributions, which is coming across as a weak area
out of 45K members let's assume 22.5 K are EB2 and 22.5 K are EB3.
Even If 11.25K (EB2)+11.25K (EB3) = 22.5 K (Total) contributes $25 Each Problems gets solved ... but the catch is ....
Even 11.25 K EB2 members are not contributing because they don't have to as their problem is solved
Even 11.25 K EB3 members are not contributing because they are not sure even with this contribution their problems gets solved.
Many people are saying that EB3 members are not contributing that's why you are lagging etc...
EB3 Members who contributed are feeling the pain because even after contribution they are not getting the results and EB2 members who didn't contributed are getting the results...
Could you elaborate on how the money will solve the problem? If we could make a laundry list of action items and cost for each, we could do an extensive email campaign among all our members and convince them to contribute
More people will contribute if and when they get a clear picture of how the money will work for them
And no, I am not making any statement here throwing suspicions and distrust or ill will. This is a suggestion for improving the contributions, which is coming across as a weak area
more...
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SunnySurya
08-18 01:14 PM
This issue cannot be solved through Lawsuit. What are the other alternatives?
Didn't someone took up the EB3->EB2 porting issue already; can't this issue be clubed along with it? ek teer se do shikar!!
Didn't someone took up the EB3->EB2 porting issue already; can't this issue be clubed along with it? ek teer se do shikar!!
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ajju
02-05 07:28 PM
Sorry if this is not about GC or any US immigration processes...i just would like to know if anybody can help me or provide me the procedures to obtain Canadian PR. I already had an assessment done (me and my husband under H1 here in US as Accountants ) and we have I-140 and 485 pending. We are thinking of trying Canada.
I always checked and read this site but this is my first post and your help would be greatly appreciated.
Thanks in advance.
I did it myself about 5 years back (Aug 2002).. Got approved (Jan 2004) and landed for about 3 days (May 2004) and given friend's address for PR card mailing. He mailed it to my US address... But later I decided to give up Canadian PR for personal reasons... But still it was peace of mind for next 3 years... (2 out of 5 years to maintain PR)...
PM me if you've any specific concerns... I'll be glad if I can help...
I always checked and read this site but this is my first post and your help would be greatly appreciated.
Thanks in advance.
I did it myself about 5 years back (Aug 2002).. Got approved (Jan 2004) and landed for about 3 days (May 2004) and given friend's address for PR card mailing. He mailed it to my US address... But later I decided to give up Canadian PR for personal reasons... But still it was peace of mind for next 3 years... (2 out of 5 years to maintain PR)...
PM me if you've any specific concerns... I'll be glad if I can help...
more...
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kalparikh
07-02 07:53 PM
So if I-485 was delivered before 10:00 AM...........
Does I-485 will be rejected / return back to sender / it will porcess?
please post your views...........
Does I-485 will be rejected / return back to sender / it will porcess?
please post your views...........
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knnmbd
05-04 11:41 AM
on
http://www.aila.org/RecentPosting/RecentPostingList.aspx
is a comparison chart for skil bill. Is there any way we can get that. it will help us analyse this better.
(Chart comparing the SKIL Bill, introduced by Senator Cornyn (R-TX) on May 3, 2006, to other Senate bills, including the Comprehensive Immigration Reform Act of 2006. Chart prepared by the American Council on International Personnel for the Compete America coalition, of which AILA is a member. AILA Doc. No. 06050461.)
Does'nt this require a log in name and Password....
http://www.aila.org/RecentPosting/RecentPostingList.aspx
is a comparison chart for skil bill. Is there any way we can get that. it will help us analyse this better.
(Chart comparing the SKIL Bill, introduced by Senator Cornyn (R-TX) on May 3, 2006, to other Senate bills, including the Comprehensive Immigration Reform Act of 2006. Chart prepared by the American Council on International Personnel for the Compete America coalition, of which AILA is a member. AILA Doc. No. 06050461.)
Does'nt this require a log in name and Password....
more...
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nogc12
08-02 11:41 AM
It was nebraska.
which customer service...texas or nebraska?
which customer service...texas or nebraska?
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vinabath
04-22 03:16 PM
Non-compete are notoriously hard to implement.
Only if it is too restrictive. this case is pretty straightforward and simple. employee is directly hitting the employer's revenues.
Only if it is too restrictive. this case is pretty straightforward and simple. employee is directly hitting the employer's revenues.
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ArunAntonio
07-09 07:12 PM
I send emails to every one on the above list.
cjain
11-01 02:33 PM
what happens if one changes job after 180 days but the I-140 has not been approved?
pyaradesi
07-20 10:34 PM
I have my reasons to stay here which you will never understand.
Is this fair? You only rebuked questions with Katrina, and your boss, why not rebuke all my questions?
And, I do not have to understand your reasons, as long as we all understand our reasons, that should stop us from coming to IV and whining.
Is this fair? You only rebuked questions with Katrina, and your boss, why not rebuke all my questions?
And, I do not have to understand your reasons, as long as we all understand our reasons, that should stop us from coming to IV and whining.
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