xbohdpukc
03-18 12:57 PM
Get a lawyer to answer your questions, they are beyond any competency floating around these forums.
And don't listen to all this venting frustration. If you can get yourself a better deal within the limits of the current law -- go for it, and let everyone else burn in hell :)
And don't listen to all this venting frustration. If you can get yourself a better deal within the limits of the current law -- go for it, and let everyone else burn in hell :)
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dvb123
02-14 03:00 PM
Since the lawsuit is about the getting the lost visa numbers it will be a good case.
4. INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed
The law does not mention anywhere that u cannot recapture numbers.
4. INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed
The law does not mention anywhere that u cannot recapture numbers.
Rohan99
07-22 12:46 PM
I had green dots till yesterday, but after posting fun stuff on this thread people gave me red dots..... why is that? This tread has zero value, it is like Santa singh jokes.
Looks like people are so serious in their life that they cannot understand difference between fun and real stuff...
This thread was for fun so I posted funny things....pls don't give me red for this
Iam sorry, by OP I meant the original poster of the thread (The person who wrote the first post) not yourself. Your post is perfectly ok like all and its a fun thread. You are a nice guy :). My bad in quoting your post and causing the confusion.
Looks like people are so serious in their life that they cannot understand difference between fun and real stuff...
This thread was for fun so I posted funny things....pls don't give me red for this
Iam sorry, by OP I meant the original poster of the thread (The person who wrote the first post) not yourself. Your post is perfectly ok like all and its a fun thread. You are a nice guy :). My bad in quoting your post and causing the confusion.
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senthil1
09-26 08:43 AM
US economy situation is alarming. I doubt they will consider any immigration related bill until financial crisis stablises.2009 will be the key.Economy has to stablise. If not anti immigrants will block any bill citing the economy as the reason. If unemployment increases every month then any immigration reform is distance possiblity.Illegal immigrants are is getting publicity every year by rally for past 4 years but nothing happened. Pro immigrants are trying to block E-verify and some other anti immigration reforms. Anti immigrants are trying to block pro immigrant reforms. So any immigration reforms will be stalled until some compromise reached by moderates
no comments from anyone on this ..I guess most of us are resigned to our fate ? no problems though since I have also given up ...GC will come when it has to ...it is better to have plan B and plan C ..(i.e. be ready to accept that there is a good chance that getting GC will become more complicated esp if there are layoff's everywhere ..I guess there is already a thread regarding issues faced by people who had to use AC21)
------
I guess most of us are angry and resigned to fate ..what if we come with a shock therapy campaign ..i.e. get thousands of legal immigrant signatures ...and say we are fed up with the broken system and we intend to give up and leave US soon .. if this gets lot of publicity then atleast someone (maybe one of the presidential candidate) will come up with a solid promise to do something ??
I have posted this in other threads to get more inputs ...I guess we need something dramatic especially when our cause is dying ...point is to get maximum publicity ..maybe flowers + the intent to leave USA
no comments from anyone on this ..I guess most of us are resigned to our fate ? no problems though since I have also given up ...GC will come when it has to ...it is better to have plan B and plan C ..(i.e. be ready to accept that there is a good chance that getting GC will become more complicated esp if there are layoff's everywhere ..I guess there is already a thread regarding issues faced by people who had to use AC21)
------
I guess most of us are angry and resigned to fate ..what if we come with a shock therapy campaign ..i.e. get thousands of legal immigrant signatures ...and say we are fed up with the broken system and we intend to give up and leave US soon .. if this gets lot of publicity then atleast someone (maybe one of the presidential candidate) will come up with a solid promise to do something ??
I have posted this in other threads to get more inputs ...I guess we need something dramatic especially when our cause is dying ...point is to get maximum publicity ..maybe flowers + the intent to leave USA
more...
addsf345
05-29 04:21 PM
If you guys had a chance of getting substitute labor today you will try to take it at any cost. But you will not want to contribute $25 to IV. If you had a chance of getting a greencard via L1A route you will do it. Just because you cannot get a substitute labor or L1A, you are saying sour grapes.
This is a bitter truth that we do not like to hear but each will do if they get a chance. Sub labor was legal when it was there and L1A route is also legal today. It is for USCIS to decide if there is a loophole. Stop behaving like an anti-immigrant. Just because you are not able to get this privilege does not mean others cannot try. If you want to try, try to get more visas for everyone rather than blocking people.
well said. Our main problem is country quota. some one posted a nice thread, I guess the title was something like 'is being born in INDIA a bad karma???" - I always remember that. No one should be punished for having been born in certain country.
Having said that, one my very good friend tried to form state IV chapter and contacted around 20 Desis who are on EAD and in the same boat as rest of us. As united the indians are, none of the 20 showed any interest in joining IV or fighting for their right using civil democratic way. People just dont' want to do anything. They are fine with wait times. So I guess this is the fate.
On a side note, in our company there are ppl from other countries having got GC in a year, in front of our eyes, still no awareness, no courage, no unity, no initiative. God Bless Retrogression.
This is a bitter truth that we do not like to hear but each will do if they get a chance. Sub labor was legal when it was there and L1A route is also legal today. It is for USCIS to decide if there is a loophole. Stop behaving like an anti-immigrant. Just because you are not able to get this privilege does not mean others cannot try. If you want to try, try to get more visas for everyone rather than blocking people.
well said. Our main problem is country quota. some one posted a nice thread, I guess the title was something like 'is being born in INDIA a bad karma???" - I always remember that. No one should be punished for having been born in certain country.
Having said that, one my very good friend tried to form state IV chapter and contacted around 20 Desis who are on EAD and in the same boat as rest of us. As united the indians are, none of the 20 showed any interest in joining IV or fighting for their right using civil democratic way. People just dont' want to do anything. They are fine with wait times. So I guess this is the fate.
On a side note, in our company there are ppl from other countries having got GC in a year, in front of our eyes, still no awareness, no courage, no unity, no initiative. God Bless Retrogression.
sachug22
09-15 01:53 PM
Jerome and scchug22, Would you mind kindly reconcile or revela source.
My data is for all approved PERM case all countries in 2005 (so is incomplete).
My data is for all approved PERM case all countries in 2005 (so is incomplete).
more...
kondur_007
07-23 03:15 PM
Thanks !! I had a quick question ..the rules for the spillover, is that a law or does that depend on USCIS or DOS ?
In other words can they change the rules for spillover once again ..say next year ?
Hmmm...that's the question everyone is asking and I tried to read the actual law on this. I am not a lawyer, but what I can interpret is this: The law does not say anything about the "primary handle". In other words, if there is a spill over, should it be confined to the categories or to the countries... (which is a 'stronger' limit: per country or the category?) and this issue is not addressed specifically and that's why DOS has decided to interprete it differently now....
So in short, you are right: it is purely an interpretation from someone in DOS and it may change
I still feel there is small hope for EB3-ww and maybe even EB3-I ...majority of the EB2 cases were filed during july fiasco ..what if they have not been processed yet ? i.e. they will keep moving the dates fwd till it becomes current (if that still does not use up the visas) ..then they would move EB3-ww dates fwd ..once again this is wishing and dreaming :)
That is actually a wishful thinking, and eventhough a long shot, it is possible with USCIS (anything is possible with them:p)
But remember, if they use up this year's numbers by sept, they will retrogress everything again till the end of next fiscal year and that buys them another year to process those applications (without the worry of dealing with any new 485s due to retrogression)
They will think several hundred times before making EB2 current, because that will mean a new round of applications (everyone with PDs in 2006 have filed their 485 already any way, and so current advancing of the dates was a calculated move not to allow any new filing).
But as I said above, anything is possible with USCIS:p
Good Luck to all of us...
In other words can they change the rules for spillover once again ..say next year ?
Hmmm...that's the question everyone is asking and I tried to read the actual law on this. I am not a lawyer, but what I can interpret is this: The law does not say anything about the "primary handle". In other words, if there is a spill over, should it be confined to the categories or to the countries... (which is a 'stronger' limit: per country or the category?) and this issue is not addressed specifically and that's why DOS has decided to interprete it differently now....
So in short, you are right: it is purely an interpretation from someone in DOS and it may change
I still feel there is small hope for EB3-ww and maybe even EB3-I ...majority of the EB2 cases were filed during july fiasco ..what if they have not been processed yet ? i.e. they will keep moving the dates fwd till it becomes current (if that still does not use up the visas) ..then they would move EB3-ww dates fwd ..once again this is wishing and dreaming :)
That is actually a wishful thinking, and eventhough a long shot, it is possible with USCIS (anything is possible with them:p)
But remember, if they use up this year's numbers by sept, they will retrogress everything again till the end of next fiscal year and that buys them another year to process those applications (without the worry of dealing with any new 485s due to retrogression)
They will think several hundred times before making EB2 current, because that will mean a new round of applications (everyone with PDs in 2006 have filed their 485 already any way, and so current advancing of the dates was a calculated move not to allow any new filing).
But as I said above, anything is possible with USCIS:p
Good Luck to all of us...
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rsharma
10-07 04:40 PM
I have built a very simple EB2-I Visa predition model
Making following assumption
15000 new EB2 ROW I-485 applications
12000 new EB1 I-485 applications
EB4/EB5 use 70% of allocated visa (30% spillover)
EB2 Visa Bulletin prediction for FY 2010
Bulletin Quarterly-spillover Annual Spillover
Oct-09 22-Jan-2005 22-Jan-2005
Nov-09 22-Jan-2005 22-Jan-2005
Dec-09 31-Mar-2005 1-Feb-2005
Jan-10 31-Mar-2005 15-Feb-2005
Feb-10 31-Mar-2005 31-Mar-2005
Mar-10 31-Mar-2006 31-Mar-2005
Apr-10 31-Mar-2006 31-Mar-2005
May-10 31-Mar-2006 31-Mar-2005
Jun-10 15-Oct-2006 31-Mar-2005
Jul-10 15-Oct-2006 30-Sep-2005
Aug-10 15-Oct-2006 30-Apr-2007
Sep-10 31-Mar-2007 30-May-2007
I would be very happy if your predictions come true. But it appears you have not taken into consideration of the fact that thousands of EB3 might move over to Eb2.
Making following assumption
15000 new EB2 ROW I-485 applications
12000 new EB1 I-485 applications
EB4/EB5 use 70% of allocated visa (30% spillover)
EB2 Visa Bulletin prediction for FY 2010
Bulletin Quarterly-spillover Annual Spillover
Oct-09 22-Jan-2005 22-Jan-2005
Nov-09 22-Jan-2005 22-Jan-2005
Dec-09 31-Mar-2005 1-Feb-2005
Jan-10 31-Mar-2005 15-Feb-2005
Feb-10 31-Mar-2005 31-Mar-2005
Mar-10 31-Mar-2006 31-Mar-2005
Apr-10 31-Mar-2006 31-Mar-2005
May-10 31-Mar-2006 31-Mar-2005
Jun-10 15-Oct-2006 31-Mar-2005
Jul-10 15-Oct-2006 30-Sep-2005
Aug-10 15-Oct-2006 30-Apr-2007
Sep-10 31-Mar-2007 30-May-2007
I would be very happy if your predictions come true. But it appears you have not taken into consideration of the fact that thousands of EB3 might move over to Eb2.
more...
breddy2000
09-03 11:57 PM
If you had a laugh on my post good for you. Should have given you some relief from YSR's death. I have been laughing, smiling and eating sweets since I knew the news.
CHANDUV23 (aka _TrueFacts) .....U DO NOT HAVE TO HIDE YOUR REAL IDENTITY TO REVEAL WHAT YOU HAVE IN YOUR HEART....
That's all I can say...Good Night and no more discussions about this.....Peace...
CHANDUV23 (aka _TrueFacts) .....U DO NOT HAVE TO HIDE YOUR REAL IDENTITY TO REVEAL WHAT YOU HAVE IN YOUR HEART....
That's all I can say...Good Night and no more discussions about this.....Peace...
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Macaca
01-28 09:11 AM
This info is useful to novices for survival. Like many other postings, I had never heard about it.
I feel the legislators are aware of these issues. These are the reasons our bill is having trouble. It is useful to be aware of them and see how we can counteract them in legislation.
I feel the legislators are aware of these issues. These are the reasons our bill is having trouble. It is useful to be aware of them and see how we can counteract them in legislation.
more...
thepaew
12-13 04:04 PM
I dont think that the per-country cap on immigration is "Unconstitutional." It may not seem fair to those affected but it does not violate any article of the US consititution. The country has a right to regulate its borders; that is its right. We should try to argue that the policy is counter-productive and harmful - not that it is illegal.
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don_don
03-16 01:28 PM
Are you from India,,if yes, think again,,,the EB3 2003 PD may not buy u much,,u may be well know trying to go for perm and 140 with current EB2...eb3 for india is a black hole,,,i hope u know what a black hole is,,,its kinda dangerous!!
more...
house girlfriend Emma Watson, who is
samay
07-06 11:35 AM
My wife came to US on L2 visa. We applied for her H1 in April'07 and got selected in lottery :). She has been working since Apr - 07 with the same company first on EAD (from L2) and then on H1B. meanwhile we got lucky in July 08 and applied for 485 for both of us. We came back from India in Mid May using AP after one month vacation. ( we have EAD and AP). She stopped working 2 weeks after coming back and hasnot worked since. My quesion is
--- What is her current status ?
--- Can she start working on her EAD and abonden her H1B?
--- Will she be able to come back on H1B or H4 ( I also have H1B now)
:(
Hello,
Your wife 's current status is pending adjustment of status (pending 485) or a parolee. Yes she can commence working immediately on her EAD. However should she want to enter the US on a H-4 visa she would need to have an approved H-4 petition and get her visa stamped outside US to enter on H-4 visa into the US.
=============================================
Immigration Attorney
Licensed to practice US Immigration Law and practice concentrated on US Immigration Law & Nationality Law
Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.
--- What is her current status ?
--- Can she start working on her EAD and abonden her H1B?
--- Will she be able to come back on H1B or H4 ( I also have H1B now)
:(
Hello,
Your wife 's current status is pending adjustment of status (pending 485) or a parolee. Yes she can commence working immediately on her EAD. However should she want to enter the US on a H-4 visa she would need to have an approved H-4 petition and get her visa stamped outside US to enter on H-4 visa into the US.
=============================================
Immigration Attorney
Licensed to practice US Immigration Law and practice concentrated on US Immigration Law & Nationality Law
Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.
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garybanz
12-14 02:01 PM
Federal Equal Employment Opportunity (EEO) Laws
The Federal laws prohibiting job discrimination are:
Title VII of the Civil Rights Act of 1964 (Title VII), which prohibits employment discrimination based on race, color, religion, sex, or national origin;
the Equal Pay Act of 1963 (EPA), which protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination;
the Age Discrimination in Employment Act of 1967 (ADEA), which protects individuals who are 40 years of age or older;
Title I and Title V of the Americans with Disabilities Act of 1990 (ADA), which prohibit employment discrimination against qualified individuals with disabilities in the private sector, and in state and local governments;
Sections 501 and 505 of the Rehabilitation Act of 1973, which prohibit discrimination against qualified individuals with disabilities who work in the federal government;
and
the Civil Rights Act of 1991, which, among other things, provides monetary damages in cases of intentional employment discrimination.
The Federal laws prohibiting job discrimination are:
Title VII of the Civil Rights Act of 1964 (Title VII), which prohibits employment discrimination based on race, color, religion, sex, or national origin;
the Equal Pay Act of 1963 (EPA), which protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination;
the Age Discrimination in Employment Act of 1967 (ADEA), which protects individuals who are 40 years of age or older;
Title I and Title V of the Americans with Disabilities Act of 1990 (ADA), which prohibit employment discrimination against qualified individuals with disabilities in the private sector, and in state and local governments;
Sections 501 and 505 of the Rehabilitation Act of 1973, which prohibit discrimination against qualified individuals with disabilities who work in the federal government;
and
the Civil Rights Act of 1991, which, among other things, provides monetary damages in cases of intentional employment discrimination.
more...
pictures 2010 Emma+watson+kiss+scene
justAnotherFile
06-28 08:10 PM
As per Macaca's logic, pre Oct 2005 PDs will take up all the numbers available for EB2 Indai for 2007, in June and July.
If that is the case why was the Bulletin for july not set to Oct or Nov 2005 and instead made current. Surely USCIS does not want to deal with all the extra workload if it does not have to.
If that is the case why was the Bulletin for july not set to Oct or Nov 2005 and instead made current. Surely USCIS does not want to deal with all the extra workload if it does not have to.
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old_hat
05-02 02:19 AM
By the way which planet are you from...Do you have GC problem there also..?
did you believe in flowers campaign?
did you believe in flowers campaign?
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El_Guapo
01-14 10:19 AM
The right to control the beneficiary is different from actual control. An employer may have the right to control the beneficiary's job-related duties and yet not excercise actual control over each function performed by that beneficiary. The employer-employee relationship hinges on the right to control the beneficiary.
Don't all companies have the right to control the beneficiary? For instance, a sponsoring company has every right to determine if an employee shall be placed on a project billed at $50/hr or if they seek another project/client with a higher billing rate. Similarly, the employer has every right to determine if the employee will be placed at a client requiring a project manager or at a client requiring a developer, thus effectively controlling the beneficiary's job-related duties!
Don't all companies have the right to control the beneficiary? For instance, a sponsoring company has every right to determine if an employee shall be placed on a project billed at $50/hr or if they seek another project/client with a higher billing rate. Similarly, the employer has every right to determine if the employee will be placed at a client requiring a project manager or at a client requiring a developer, thus effectively controlling the beneficiary's job-related duties!
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zen
04-01 03:18 AM
This is certainly one of the popular thread ..why are we so concerned as to who the next PM will be ..are most of us in the forum so concerned because we may have to pack our bags and return to Mother India ?
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cps060
03-19 05:43 PM
so you mean to say that if I try to enter in fourth year, then itself I have to go to an immigration hearing and the judge would decide whether he would let me stay or not ?
Also can I apply for CA SIN staying in USA ?
Should I be filing taxes there ?
How do I get an address if I dont stay there ?
Thanks for your help.
Also can I apply for CA SIN staying in USA ?
Should I be filing taxes there ?
How do I get an address if I dont stay there ?
Thanks for your help.
Refugee_New
02-12 12:43 PM
EB2 India is screwed again. My wait continues.................
ardnahc
07-21 05:56 PM
I concur with all the folks in this forum here.
This reminded me of one of my experiences with Amway guys. This dude comes to me in a mall and started off with his usual "Amway - styled" conversation and finally said that he owns a site similar to amazon.com. That is when I realized and stopped him right there and said "We already have amazon.com, why do you want to open a new one?" he was dumb-founded for a sec then he pretended to attend a phone call and stepped away.
This reminded me of one of my experiences with Amway guys. This dude comes to me in a mall and started off with his usual "Amway - styled" conversation and finally said that he owns a site similar to amazon.com. That is when I realized and stopped him right there and said "We already have amazon.com, why do you want to open a new one?" he was dumb-founded for a sec then he pretended to attend a phone call and stepped away.
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