gk_2000
08-10 03:32 PM
I think it will be a lot easier to focus out energies to port ourselves to EB2/EB1.
Most of us would have bachelors + 5 years. So EB2 shouldn't be any problem as long as you are willing to change jobs and the employer is willing to file for GC.
Personally, the next time I'm in a position to drive a hard bergain for a job negotiation (still difficult in the current economic environment) - I will try to shoot for a 1 year foreign assignment -> EB1 route. I still curse myself for letting go of one such opportunity in 2006 becuase I did not want to go to London.
So if anybody knows companies that have started filing for GCs again after the freeze of last year - please let us know.
I think that discussion will be far more productive than any wishful reinterpretation of the law.
Could you elaborate on how this is a "wishful" reinterpretation of the law?
Most of us would have bachelors + 5 years. So EB2 shouldn't be any problem as long as you are willing to change jobs and the employer is willing to file for GC.
Personally, the next time I'm in a position to drive a hard bergain for a job negotiation (still difficult in the current economic environment) - I will try to shoot for a 1 year foreign assignment -> EB1 route. I still curse myself for letting go of one such opportunity in 2006 becuase I did not want to go to London.
So if anybody knows companies that have started filing for GCs again after the freeze of last year - please let us know.
I think that discussion will be far more productive than any wishful reinterpretation of the law.
Could you elaborate on how this is a "wishful" reinterpretation of the law?
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Legal_In_A_Limbo
03-10 09:12 AM
I changed 5 employers over the past 6 years, after I filed my GC. I never did AC21 with out them asking for it and I responded to only one RFE with whatever the document they requested and I mentioned that I used AC21 to change the job.
Seems like you file G-28 by yourself. We are also looking into doing that, but have not been able to get anyhelp. Can you please guide us about filling the G-28. We wil really appreciate that. Is there any particular format we need to follow?
Seems like you file G-28 by yourself. We are also looking into doing that, but have not been able to get anyhelp. Can you please guide us about filling the G-28. We wil really appreciate that. Is there any particular format we need to follow?
raj2007
03-07 02:50 PM
I am employed with a company and I work for a client through a preferred vendor. I am in a slightly difficult situation. I would like to do AC21 with the vendor and negotiate for more. This might irk the vendor and he could in turn tell my employer about this. I cannot put in my papers with my employer without having an offer from the vendor in hand. I cannot join the client directly because of hiring freeze.
My question is, if due to the above exercise my employer cancels my H1, will I be immediately be out of status, does having EAD means that I will be in status even if my H1 is cancelled?.. How much time will I have to join a new employer using EAD if my H1 is cancelled or revoked.?.
Thanks,
Your vendor is desi guy?
I have never seen vendor informing the employer.
You are ok even if he cancels ur H1.
My question is, if due to the above exercise my employer cancels my H1, will I be immediately be out of status, does having EAD means that I will be in status even if my H1 is cancelled?.. How much time will I have to join a new employer using EAD if my H1 is cancelled or revoked.?.
Thanks,
Your vendor is desi guy?
I have never seen vendor informing the employer.
You are ok even if he cancels ur H1.
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nomi
12-11 02:38 PM
[QUOTE=wildvoice]
Yes, I am definitely for this idea that we should petition/ask USCIS to change the rules to allow those with approved I-140 to be able to file I-485 while their PD is not yet current even if we would pay US$5,000.:rolleyes:
[QUOTE]
Yes, I am definitely for this idea that we should petition/ask USCIS to change the rules to allow those with approved I-140 to be able to file I-485 while their PD is not yet current even if we would pay US$5,000.:rolleyes:
[QUOTE]
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Suva
06-11 11:29 AM
Sent to NJ lawmakers.
amsgc
07-28 01:46 PM
Religion is a private matter and your faith and what you believe in is your affair.
I don't understand why we are having a discussion on this subject on this forum (self filing docs). I think the original poster made a poor decision by opening this thread. Someone should close it so that we can talk about the more important matter of getting the green card faster.
I don't understand why we are having a discussion on this subject on this forum (self filing docs). I think the original poster made a poor decision by opening this thread. Someone should close it so that we can talk about the more important matter of getting the green card faster.
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pointlesswait
03-18 01:32 PM
i dont think there is a hard and fast rule as who gets what of the spill overs..
USCIS makes it as.depending on the backlog..
so anyone planning to sue is wasting his time!
USCIS makes it as.depending on the backlog..
so anyone planning to sue is wasting his time!
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vkrishn
07-13 06:57 PM
I thought it will not be of much use since my PD wasn'tcurrent. Can you let me know the procedure to open a SR?
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wandmaker
08-21 04:34 PM
Has anyone else dealt with this or can you direct me to someone who knows what needs to be done and how?
Most of the people here are under employment based green cards - So, I would recommend get yourself an attorney.
Most of the people here are under employment based green cards - So, I would recommend get yourself an attorney.
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amitjoey
01-18 10:59 AM
I have been visiting this forum for a while now. I appreciate all the efforts being done by the Core team. I just signed for $20/- recurring contribution through paypal.
MP70
Thanks MP70. Please continue to educate your friends and urge everybody to contribute atleast $20/month.
MP70
Thanks MP70. Please continue to educate your friends and urge everybody to contribute atleast $20/month.
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feedfront
09-17 09:58 AM
Anyone received RFE letter? I've not received it yet.
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chmur
09-11 12:41 AM
The problem with your analysis is not every one in the backlog has equal access to excess of 35-40K visas available each year. Most of the excess comes from EB4,5,1 and 2ROW and all goes to EB2 I/C. EB3 ROW gets ~30K every year (42K- 4*2.8K).
Even if we are to assume that post 2007 the demand for EB2 I/C and EB3 is low then also it is ~ 15K for EB2 I/C and ~ 10K for EB3 ROW. But the way INA law is framed EB3 I (most backlogged with ~ 60K) will only get 2800 visa till either of EB2 I/C or EB3 row becomes current. And by current I mean real current, not July 2007. Using these numbers it will still take 4-5 for both EB2 I/C and EB3 Row to become current.
This is assuming low demand in all EB categories continue.
It will be only after 2014-15 that EB3I will get ~ 50K SOFAD(35K SOFAD which EB2 I/C was getting plus about 15K from EB3 ROW category). So in 2015 EB3 I will see a jump of ~ 4 yrs (2003-2007). So EB3I folks with PD after 2007 will have a relative wait time of ~ 8 yrs but folks from 2003-4 are looking at a 12-13 year wait unless reform like Recapture/STEM Degree holders & Dependents excluded from cap is passed.
I understand how overflow gets distributed and Eb3-I is last in line. However , if net reduction is 35-40K each year starting 2010(i.e oct 2009 to oct 2010) and the backlog is 200 K at the beginning of 2010 (Inventory report) , we should work through all the backlog in 5 (40 *5) years.
That means in 2-3 years overflow should get to EB3 I because rest of the category will be current by then .
I agree people who applied in 2003 -2004 are looking at 10 year wait as against someone applying for EB3-I - today . Infact someone applying today will get GC in 5 years from now.
Even if we are to assume that post 2007 the demand for EB2 I/C and EB3 is low then also it is ~ 15K for EB2 I/C and ~ 10K for EB3 ROW. But the way INA law is framed EB3 I (most backlogged with ~ 60K) will only get 2800 visa till either of EB2 I/C or EB3 row becomes current. And by current I mean real current, not July 2007. Using these numbers it will still take 4-5 for both EB2 I/C and EB3 Row to become current.
This is assuming low demand in all EB categories continue.
It will be only after 2014-15 that EB3I will get ~ 50K SOFAD(35K SOFAD which EB2 I/C was getting plus about 15K from EB3 ROW category). So in 2015 EB3 I will see a jump of ~ 4 yrs (2003-2007). So EB3I folks with PD after 2007 will have a relative wait time of ~ 8 yrs but folks from 2003-4 are looking at a 12-13 year wait unless reform like Recapture/STEM Degree holders & Dependents excluded from cap is passed.
I understand how overflow gets distributed and Eb3-I is last in line. However , if net reduction is 35-40K each year starting 2010(i.e oct 2009 to oct 2010) and the backlog is 200 K at the beginning of 2010 (Inventory report) , we should work through all the backlog in 5 (40 *5) years.
That means in 2-3 years overflow should get to EB3 I because rest of the category will be current by then .
I agree people who applied in 2003 -2004 are looking at 10 year wait as against someone applying for EB3-I - today . Infact someone applying today will get GC in 5 years from now.
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abhijitp
07-24 04:09 PM
USCIS has released a press release July 23, 2007. Check QUESTION 13
http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf
Yes, but it does not mention EVL. If USCIS mentions the EVL in another press release, that would be the ideal scenario, but probably won't happen.
http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf
Yes, but it does not mention EVL. If USCIS mentions the EVL in another press release, that would be the ideal scenario, but probably won't happen.
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amitga
02-08 03:26 PM
What a waste of numbers.
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varshadas
02-01 03:27 PM
That's fine. As long as some of us are there, we should be fine. Right now we need to finalize the flyer.
Thanks,
Varsha
Thanks,
Varsha
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desi3933
03-17 07:36 AM
Hello Desi,
.....
......
This is from April Visa Bulletin , according to this S korea got 14,211 visas from FB ( spill over from FB - EB) then dont you think the total EB visas issued in 2009 should be around 150000 instead of 141000....
I am little confused...
your comment will be greatly appreciated ;)
http://www.travel.state.gov/pdf/FY09AnnualReport_TableV.pdf
Country EB1 EB2 EB3
India 6672 10124 2306
China 4999 3046 1027
S Korea 2311 4991 4001
Philippines 524 1853 5540
Mexico 2010 922 3745
All visa numbers allocated to South Korea are against EB visa numbers.
_________________
Not a legal advice.
.....
......
This is from April Visa Bulletin , according to this S korea got 14,211 visas from FB ( spill over from FB - EB) then dont you think the total EB visas issued in 2009 should be around 150000 instead of 141000....
I am little confused...
your comment will be greatly appreciated ;)
http://www.travel.state.gov/pdf/FY09AnnualReport_TableV.pdf
Country EB1 EB2 EB3
India 6672 10124 2306
China 4999 3046 1027
S Korea 2311 4991 4001
Philippines 524 1853 5540
Mexico 2010 922 3745
All visa numbers allocated to South Korea are against EB visa numbers.
_________________
Not a legal advice.
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sameer2730
03-12 11:19 AM
At least the money is put to some use and results are tangible, how about the results in here?
Refer to my posts.
IV core needs to explain!
What is tangible. If I take $20 from you to buy a movie ticket and fetch it from you and simply buy it for you is that tangible. The same is true with lawyers taking $700 and getting an EAD. You could do it yourself but assume its safer to do it via someone in whose self interest it is if your case has problems.
Refer to my posts.
IV core needs to explain!
What is tangible. If I take $20 from you to buy a movie ticket and fetch it from you and simply buy it for you is that tangible. The same is true with lawyers taking $700 and getting an EAD. You could do it yourself but assume its safer to do it via someone in whose self interest it is if your case has problems.
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zuhail
03-10 11:25 PM
Hello,
I really think that if we just pursue aggressively on one and only item: Recapturing visa numbers, we would succeed.
The moment you add anything to the bill that is to related to H1B revaildation inside US, eliminating per country quota limits or filing I485 when the dates are not current etc, the bill would be definitely doomed. Strictly no mention of anything else in the bill.
Also most importantly the visa recapture efforts have to be concentrated for the Employment Based Categories ONLY. If we include the Family Based Category, we would lose the debate due to current high unemployment rate.
I think that this is the only way to solve the retrogression issue -- to focus on only re-capturing visa numbers for use in Employment-Based Categories for educated foreign born professionals already employed in US.
I sincerely hope that IV administrative team considers this item seriously and assign the highest priority and start fund raising immediately.
By the way as for Mr.coopheal, I am not sure how updating my personal profile with all the filing dates accurately would matter at all for our discussion. Who gives a rat's ass about my filing dates anyway?.
I really think that if we just pursue aggressively on one and only item: Recapturing visa numbers, we would succeed.
The moment you add anything to the bill that is to related to H1B revaildation inside US, eliminating per country quota limits or filing I485 when the dates are not current etc, the bill would be definitely doomed. Strictly no mention of anything else in the bill.
Also most importantly the visa recapture efforts have to be concentrated for the Employment Based Categories ONLY. If we include the Family Based Category, we would lose the debate due to current high unemployment rate.
I think that this is the only way to solve the retrogression issue -- to focus on only re-capturing visa numbers for use in Employment-Based Categories for educated foreign born professionals already employed in US.
I sincerely hope that IV administrative team considers this item seriously and assign the highest priority and start fund raising immediately.
By the way as for Mr.coopheal, I am not sure how updating my personal profile with all the filing dates accurately would matter at all for our discussion. Who gives a rat's ass about my filing dates anyway?.
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gc28262
06-10 01:01 PM
svr_76,
Your arguments are baseless. No company will ever hire an H1B to replace an equally qualified Citizen/Green card holder. Company has to spend a lot on H1B employees on lawyer fees and other complications.
Anti-immigrant lawmakers are using the excuse of economy to push through their legislations.
Your arguments are baseless. No company will ever hire an H1B to replace an equally qualified Citizen/Green card holder. Company has to spend a lot on H1B employees on lawyer fees and other complications.
Anti-immigrant lawmakers are using the excuse of economy to push through their legislations.
gautamagg
04-23 03:47 PM
Read my message - I am *NOT* an IV member and nor did I represent myself as one - like many people I just subscribed to public portal - if you want to limit it to IV members, you must consider doing that .
As far as talking in the meeting was considered, it was not an IV meeting and open to the public and I have all the right to say what I want to - whether it is inline with what you want to hear or not is not my problem.
Tone yourself down before you point fingers elsewhere. GC is not your birth right.
As an IV member so you should have spoken out IV cause. If you had personal issues, you should seek personal appointment with the congressman and meet him. Do not use IV forum and IV political capital on furthering your own agenda.
If you want to go back to your country. Go back. If you want to do hunger strike do it. No body is stopping you. But do it on your own and not ruin our greencard chances. Greencard is not important to you, but it is important to us.
If you think Harvard and Stanfords are dying to have you as a student and totally back you in your mission, then you should use their forums and offiices to further your agenda and not IV's.
If you want to preach free speech, then please go and give this lecture to your Harvard and Stanford'd Deans and have them all listen to you.
As far as talking in the meeting was considered, it was not an IV meeting and open to the public and I have all the right to say what I want to - whether it is inline with what you want to hear or not is not my problem.
Tone yourself down before you point fingers elsewhere. GC is not your birth right.
As an IV member so you should have spoken out IV cause. If you had personal issues, you should seek personal appointment with the congressman and meet him. Do not use IV forum and IV political capital on furthering your own agenda.
If you want to go back to your country. Go back. If you want to do hunger strike do it. No body is stopping you. But do it on your own and not ruin our greencard chances. Greencard is not important to you, but it is important to us.
If you think Harvard and Stanfords are dying to have you as a student and totally back you in your mission, then you should use their forums and offiices to further your agenda and not IV's.
If you want to preach free speech, then please go and give this lecture to your Harvard and Stanford'd Deans and have them all listen to you.
svr_76
06-10 12:45 PM
I dont want to undermine the need of the hour to contribute to IV/other efforts however-
From the content it appears the DHS secretary may not approve "a petition by an employer" for "any visa" authorizing employment in the United States unless the employer has provided written certification.
This means that H1B and I-140 filed by any employer cannot be approved if they have not provided written certification regarding Layoffs. This further enforce Labor Certification and clients who are laying offing citizen/perm and then replacing them with H1B holder.
EAD renewals are not "Visa" filed by employer that authorize employment. So I think that is excluded.
What this seems to target are companies that layoff existing US employee citizen and immidiately replace/hire ppl on H1B or file labor certification/I140 for others. (e.g. Microsoft other companies which are replacing existing employees with H1B - for lower pay?).
From the content it appears the DHS secretary may not approve "a petition by an employer" for "any visa" authorizing employment in the United States unless the employer has provided written certification.
This means that H1B and I-140 filed by any employer cannot be approved if they have not provided written certification regarding Layoffs. This further enforce Labor Certification and clients who are laying offing citizen/perm and then replacing them with H1B holder.
EAD renewals are not "Visa" filed by employer that authorize employment. So I think that is excluded.
What this seems to target are companies that layoff existing US employee citizen and immidiately replace/hire ppl on H1B or file labor certification/I140 for others. (e.g. Microsoft other companies which are replacing existing employees with H1B - for lower pay?).
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