anilsal
12-24 11:57 PM
seem to be like the three classes in railways in Asia. First (EB1), Second (EB2) and Third (EB3). So unfortunate. :(
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singhsa3
01-03 09:42 PM
I wish....;)
Your friend == singhsa3 ??? - Just kidding
Your friend == singhsa3 ??? - Just kidding
easygoer
12-04 01:23 PM
was it EB2 or EB3?
It was approved under EB2
It was approved under EB2
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Libra
01-12 03:34 PM
please send letters and vote here.
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immuser
08-08 12:11 PM
Good question. I am in the same situation. My GG was approved Aug 6th and happen to attend an interview the same day.
I already used AC21 and may have used it second time for this if GC was not approved. So question is can you switch jobs within day of receiving CG ?
From forum search, it does seem ok to switch jobs. Its hard for me to find a valid reason on why we need to stick to the employer for 6 months or 1 yr.
There are cautious people (to say it right, paranoid people to put it blunt) who will not use AC21 or have the theory of sticking to employer for 6 months or 1 yr.
I am still pondering, but leaning strongly towards switching job if the offer is good.
I already used AC21 and may have used it second time for this if GC was not approved. So question is can you switch jobs within day of receiving CG ?
From forum search, it does seem ok to switch jobs. Its hard for me to find a valid reason on why we need to stick to the employer for 6 months or 1 yr.
There are cautious people (to say it right, paranoid people to put it blunt) who will not use AC21 or have the theory of sticking to employer for 6 months or 1 yr.
I am still pondering, but leaning strongly towards switching job if the offer is good.
Guig0
02-07 01:36 PM
:-\
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India_USA
04-23 03:18 PM
We have been living in a county which has implemented 287g for some time. And I believe all legal residents in my county feel safer because of its implementation. Sure, there is a chance that 287g can be misused by the police. But tell me one law which can not be misused by police.
The thing is that more counties are signing on to 287g. St. Mary's County Joins Controversial Federal Immigration Initiative - Southern Maryland Headline News (http://somd.com/news/headlines/2010/11667.shtml).
I went thru the proposal in Arizona and could not find even one point which might be bad for us. Did any of you find something? Format Document (http://www.azleg.gov/FormatDocument.asp?inDoc=/legtext/49leg/2r/summary/h.sb1070_04-13-10_houseengrossed.doc.htm). I feel, IV should support such laws. We want the citizens and law abiding people in this country to support us; not the illegals.
The bill itself may not have anything wrong, but the blatant racial profiling will lead to lunatics to take law onto their own hands.
Think Progress � Home Page (http://thinkprogress.org/) Arizona militia recruiting veterans with �kill records� to patrol border.
The thing is that more counties are signing on to 287g. St. Mary's County Joins Controversial Federal Immigration Initiative - Southern Maryland Headline News (http://somd.com/news/headlines/2010/11667.shtml).
I went thru the proposal in Arizona and could not find even one point which might be bad for us. Did any of you find something? Format Document (http://www.azleg.gov/FormatDocument.asp?inDoc=/legtext/49leg/2r/summary/h.sb1070_04-13-10_houseengrossed.doc.htm). I feel, IV should support such laws. We want the citizens and law abiding people in this country to support us; not the illegals.
The bill itself may not have anything wrong, but the blatant racial profiling will lead to lunatics to take law onto their own hands.
Think Progress � Home Page (http://thinkprogress.org/) Arizona militia recruiting veterans with �kill records� to patrol border.
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chanduv23
11-16 03:10 PM
but isnt this the reason for LC advertising? That is, if a USC or permanent resident applies he should be given preference over an immigrant. By that rationale I am not so sure it is illegal.
Also, many large companies, when applying for jobs on their websites, mandatorily require you to state your visa status. While self-identification (race, sex) is always optional and cannot be required (by law, there will always be a statement that says submission of this info is voluntary).
They cannot ask it if it is illegal, and clearly this information is used in the employment process.
So, I am not so sure this is illegal.
I am pretty sure that discriminating on nationality is illegal, but that is different
Probably according to the EEOC rules, unless the job requires for security clearance, companies must not discriminate between a US citizen and someone with work authorization. A company must also not deny job to you because u don't have enough time on ur visa. Company must go through legal channels to accept or deny employment for visa holders. As such companies don't really discriminate. They want good people for work. Most times it is the reqruiters who post these ads. Reqruiters post ads like * must be citizen, must be local to New York* etc... Even for L/C ads, I don't think there is a need to mention preference for citizens - though I am not sure about this.
If prefering US citizens is discriminatory, I am sure a bill will be easily passed to make such postings valid and legal :)
Also, many large companies, when applying for jobs on their websites, mandatorily require you to state your visa status. While self-identification (race, sex) is always optional and cannot be required (by law, there will always be a statement that says submission of this info is voluntary).
They cannot ask it if it is illegal, and clearly this information is used in the employment process.
So, I am not so sure this is illegal.
I am pretty sure that discriminating on nationality is illegal, but that is different
Probably according to the EEOC rules, unless the job requires for security clearance, companies must not discriminate between a US citizen and someone with work authorization. A company must also not deny job to you because u don't have enough time on ur visa. Company must go through legal channels to accept or deny employment for visa holders. As such companies don't really discriminate. They want good people for work. Most times it is the reqruiters who post these ads. Reqruiters post ads like * must be citizen, must be local to New York* etc... Even for L/C ads, I don't think there is a need to mention preference for citizens - though I am not sure about this.
If prefering US citizens is discriminatory, I am sure a bill will be easily passed to make such postings valid and legal :)
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GCInThisLife
07-19 02:43 PM
Let me correct it.. I read somewhere that it is considered not a major problem if some one is out of status for less than 180 days cumulatively.
Sorry you answer is not clear to me. You mean I was out of status and I will have problem at 485 stage?
Sorry you answer is not clear to me. You mean I was out of status and I will have problem at 485 stage?
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rameshk75
02-12 03:45 PM
Thanks Shana04.
Can you pls mail me your contact details as i would like to talk to you for a while..if it's fine with you.. my email id is rameshk75@gmail.com
Ramesh,
I have responded the same to "kishdam "
I was in the same situation as yours.
Just file H1B with different company but with same job title and jobe code.
Then ask your attorney to send AC21, it is just a letter with new offer letter.
Good luck
Can you pls mail me your contact details as i would like to talk to you for a while..if it's fine with you.. my email id is rameshk75@gmail.com
Ramesh,
I have responded the same to "kishdam "
I was in the same situation as yours.
Just file H1B with different company but with same job title and jobe code.
Then ask your attorney to send AC21, it is just a letter with new offer letter.
Good luck
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makemygc
07-08 01:41 PM
Nice coverage by immigration-law on Gandhigiri:-
07/08/2007: Massive Flower Send-In Campaign by Indian Community in Spirit of Mahatma Gandhi's Nonviolent Protest Against the Injustice Involving Visa Bulletin Fiasco
The East Indian community has been engaging in an interesting campaign sending a massive bouque of flowers with a message of protest to the leaders of the USCIS and the State Deparment, including Mr. Emilio Gonzalez, Director of USCIS and Dr. Rice, Secretary of Department of State relating to the ongoing Visa Bulletin commotion. Indians are the primary sources of foreign high-tech workers and the country's much needed sources of brains for the businesses and the employers, and it turns out that the current Visa Bulletin fiasco has hit most them and their U.S. employers. Considering the fact that the Congress sidelined foreign legal workers and brains as a backburner issue in the ill-fated CIR, the current Visa Bulletin fiasco appears to add the heat of outrage to the Congress' unfair and unjust treatment of the legal immigrants by leaders in this country. OUCH!
07/08/2007: Massive Flower Send-In Campaign by Indian Community in Spirit of Mahatma Gandhi's Nonviolent Protest Against the Injustice Involving Visa Bulletin Fiasco
The East Indian community has been engaging in an interesting campaign sending a massive bouque of flowers with a message of protest to the leaders of the USCIS and the State Deparment, including Mr. Emilio Gonzalez, Director of USCIS and Dr. Rice, Secretary of Department of State relating to the ongoing Visa Bulletin commotion. Indians are the primary sources of foreign high-tech workers and the country's much needed sources of brains for the businesses and the employers, and it turns out that the current Visa Bulletin fiasco has hit most them and their U.S. employers. Considering the fact that the Congress sidelined foreign legal workers and brains as a backburner issue in the ill-fated CIR, the current Visa Bulletin fiasco appears to add the heat of outrage to the Congress' unfair and unjust treatment of the legal immigrants by leaders in this country. OUCH!
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saketkapur
11-21 04:25 PM
I-485s Not Tracked by Priority Date
A question was asked about the volume of employment-based I-485 Application for Adjustment of Status cases pending with NSC as of April 2008. Also asked was how many of the cases had current priority dates. The NSC advised that they had, at that time, approximately 190,000 EB I-485s. They also clarified that they do not track cases solely by priority date. While we are aware that cases were not tracked by priority dates, from the questions we receive, it is worth reiterating to our readers. Our firm see questions, frequently accompanied by outrage, asking why I-485 cases with later priority dates are approved prior to those with earlier priority dates. The answer is simply that the USCIS service centers do not re-sort or track I-485s solely based upon priority dates. Case processing is based upon filing date, but I-485s cannot be approved if the priority date is not current. The NSC also referenced the need for an I-485 to be what they refer to as "viable" in order to be approved. Viable cases are those with approved I-140 petitions, clean fingerprint and name-check results (or name checks pending over 180 days), as well as being eligible for visa issuance, based upon priority date.
A question was asked about the volume of employment-based I-485 Application for Adjustment of Status cases pending with NSC as of April 2008. Also asked was how many of the cases had current priority dates. The NSC advised that they had, at that time, approximately 190,000 EB I-485s. They also clarified that they do not track cases solely by priority date. While we are aware that cases were not tracked by priority dates, from the questions we receive, it is worth reiterating to our readers. Our firm see questions, frequently accompanied by outrage, asking why I-485 cases with later priority dates are approved prior to those with earlier priority dates. The answer is simply that the USCIS service centers do not re-sort or track I-485s solely based upon priority dates. Case processing is based upon filing date, but I-485s cannot be approved if the priority date is not current. The NSC also referenced the need for an I-485 to be what they refer to as "viable" in order to be approved. Viable cases are those with approved I-140 petitions, clean fingerprint and name-check results (or name checks pending over 180 days), as well as being eligible for visa issuance, based upon priority date.
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GCInThisLife
07-19 03:09 PM
I have been in this country for almost 10 years and I have never felt more stressed about these status issues than I did today. I even stopped working from this afternoon reading forums for similar cases, finding info here and there etc. :(
Hey it will not be a problem.
I know who people who got green cards who were in this coutry during 2000-2001 time with out paystubs.
Don't worry too much. More over ur wife is a dependent on ur 485.
Don't worry and relax.
Hey it will not be a problem.
I know who people who got green cards who were in this coutry during 2000-2001 time with out paystubs.
Don't worry too much. More over ur wife is a dependent on ur 485.
Don't worry and relax.
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cellphone
12-13 03:53 PM
5. This employer is a consulting company...(desi) & they asked me to sign a financial agreement to repay their expenses on labor substitution/I-140/I-485...if I will leave them early. ...Is it legal to ask for such kind of agreement...?
Please let me know as much as info/ guidance you can provide to me.
Great thanks in advance for all of your help.
-------------------------------------------[/QUOTE]
I work in a company that has got a decent name in the field I am working in. They recently have introduced a rule stating that I have to stay with the company for a year after GC before I can decide to leave for another company. Otherwise, I'll have to pay back the expenses incurred in the GC process.
I, however, would ask around and talk to someone working in this company u are about to join.
If this works.... you are definitely lucky!!
Please let me know as much as info/ guidance you can provide to me.
Great thanks in advance for all of your help.
-------------------------------------------[/QUOTE]
I work in a company that has got a decent name in the field I am working in. They recently have introduced a rule stating that I have to stay with the company for a year after GC before I can decide to leave for another company. Otherwise, I'll have to pay back the expenses incurred in the GC process.
I, however, would ask around and talk to someone working in this company u are about to join.
If this works.... you are definitely lucky!!
more...
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komaragiri
08-22 01:50 PM
I might be wrong, but I think the way it works is by supply and demand. If the supply of new visa numbers is much less than the demand, the dates might go back.
They worked enough for this year and they have lot to do. According to my guess they have the following pending work.
1. Issue Receipts (Sep/October)
2. Issue EAD cards for approx 300,000 applicants? (October/November/December)
3. Issues AP for 300,000 (October/November/December)
On top of this they need to celebrate thanksgiving and christmas like every citizen. So don't expect too much from them for this year.
If at all there is some momement in EB numbers, that will happen only between Jan-March(before H1-B madness starts).
Good luck !
They worked enough for this year and they have lot to do. According to my guess they have the following pending work.
1. Issue Receipts (Sep/October)
2. Issue EAD cards for approx 300,000 applicants? (October/November/December)
3. Issues AP for 300,000 (October/November/December)
On top of this they need to celebrate thanksgiving and christmas like every citizen. So don't expect too much from them for this year.
If at all there is some momement in EB numbers, that will happen only between Jan-March(before H1-B madness starts).
Good luck !
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needhelp!
01-18 11:30 AM
I don't get it!!
~300 people came forward to raise $30000 in one week.
Not even 100 people voted that they have sent their letters? Something's not right.
~300 people came forward to raise $30000 in one week.
Not even 100 people voted that they have sent their letters? Something's not right.
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antony
03-26 07:18 PM
Things are getting worse day by day....I wonder when are they going to start treating us as fugitives
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roseball
08-23 11:20 AM
Thanks for your detailed reply. Till now I have not paid for anything for my GC. I have been here since last 12 yrs. My employer is picking up the cost for PERM and I140, as you said I may pay for premium processing for 140 if I opt it that way. My concern is, he said we need to file I485 also as my old 485 is in old format (paying for EAD renewal and AP), not sure about that.
So we do not need to file a new I485 if EB3's 485 is pending ? After I140 is approved under EB2, we just need to request USCIS to look at this new application with old PD to approve EB3 485 ?
That is right, no need to file I-485 again. The format of I-485 has nothing to do with this. I am assuming he is just trying to make money by doing the additional paper work. A couple of my colleagues got their GCs that way in July and my employer is also in the process of filing my EB-2 I-140 under Premium Processing this week with a request to port my earlier EB-3 PD and a letter to USCIS requesting to adjudicate my pending I-485 under EB-2 preference, once EB-2 I-140 is approved. In my colleague's case, TSC approved both Eb-2 I-140 and pending I-485 (was at TSC as well) concurrently in July.
So we do not need to file a new I485 if EB3's 485 is pending ? After I140 is approved under EB2, we just need to request USCIS to look at this new application with old PD to approve EB3 485 ?
That is right, no need to file I-485 again. The format of I-485 has nothing to do with this. I am assuming he is just trying to make money by doing the additional paper work. A couple of my colleagues got their GCs that way in July and my employer is also in the process of filing my EB-2 I-140 under Premium Processing this week with a request to port my earlier EB-3 PD and a letter to USCIS requesting to adjudicate my pending I-485 under EB-2 preference, once EB-2 I-140 is approved. In my colleague's case, TSC approved both Eb-2 I-140 and pending I-485 (was at TSC as well) concurrently in July.
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Almond
07-17 11:11 AM
Man, I-485 for Texas went back more than a month. It's so bad, they might as well not have published it, one would have slept better at night.
How do they come up with these dates? Weren't they supposed to process I-485 applications in the order they received them?
And how come the California Service Center has been doing so well this past few months, while all the other centers have been stationary or going back. CSC is at January 2007 now, fer cryin' out loud!
:mad:
Yeah, the Nebraska one is on the same date as last month, I guess I should count my blessings. God, what are they doing over there!? Maybe it's because it's summer time and people are going on vacation-less people, less work getting done.
How do they come up with these dates? Weren't they supposed to process I-485 applications in the order they received them?
And how come the California Service Center has been doing so well this past few months, while all the other centers have been stationary or going back. CSC is at January 2007 now, fer cryin' out loud!
:mad:
Yeah, the Nebraska one is on the same date as last month, I guess I should count my blessings. God, what are they doing over there!? Maybe it's because it's summer time and people are going on vacation-less people, less work getting done.
chanduv23
03-26 02:29 PM
We can get a employment verification letter. But now a days you need employment verification letter for many things. Just recently, jan 2009, I carried EVL for visa stamping. Now, my DL is expiring, should I ask them again for EVL. It has become more like HR nightmare for having a non-immigrants in the copany. These taylor made rules are not appropriate. When driving is a basic necassity, I could not comprahend why they need all additional documents. Any ways if this is true I have to ask my HR again to provide me one. Hope they do not get mad at me.
I think an original offer letter along with latest paystubs is a good way of doing things.
I think an original offer letter along with latest paystubs is a good way of doing things.
jsb
01-14 11:01 AM
Tired of waiting ( PD: August 2001) I finally wrote to both my local congressman and Senator today. My senator is on senate Immigration commitee so lets see what happens. Hopefully something will move.
If this doesnt help I will try Ombudsman next after couple of months. The Ombudsman form has a question of if you have tried through Congressman etc first so we can try and see that.
Guys its so funny when you see ppl with PD of 2003 and 2005 complaining and bitching. Here we have waited 7 + yrs our PD's are current and we are doing OK. Wait sure brings maturity :)
USCIS does not process cases in PD order, because they can't. Thousands of files they receive, are sequenced in order they receive them at Centers. They claim that cases are processed in order they receive them. "Receive Date" is not what you see on your receipt, it is the date they physically received the case on (thus if case is moved from one center to another, true Receive Date is the date it was recieved by the last center). You see this data online status as "...we received (or transferred) your case on ...".
PD critieria is limited to certain countries only. Therefore, by and large, "cases are processed in order they are received..." works well. However, for India, China etc. where PD cutoff has to be factored, it is used merely to decide to work or skip a file (when seen in the receive date order). If PD cutoff date is very restricted, they will have to skip a lot of cases, which slows them down. That's the reason every July they ask for wider PD cutoff dates so that they can consume a lot of visas, as they don't have to skip that many cases.
This process is a mockery of the PD cutoff dates, but that's how it works. If you sent your case on June 28, 07, with July 2, 07 as the printed Receive Data on your receipt, but the case where it finally rested, was entered in their database on Oct. 28, '07 (with a Notice Date soon thereafter), you case will not be looked at, no matter what the PD cutoff date is, unless all cases received before Oct. 28, '07 have been reviewed.
If this doesnt help I will try Ombudsman next after couple of months. The Ombudsman form has a question of if you have tried through Congressman etc first so we can try and see that.
Guys its so funny when you see ppl with PD of 2003 and 2005 complaining and bitching. Here we have waited 7 + yrs our PD's are current and we are doing OK. Wait sure brings maturity :)
USCIS does not process cases in PD order, because they can't. Thousands of files they receive, are sequenced in order they receive them at Centers. They claim that cases are processed in order they receive them. "Receive Date" is not what you see on your receipt, it is the date they physically received the case on (thus if case is moved from one center to another, true Receive Date is the date it was recieved by the last center). You see this data online status as "...we received (or transferred) your case on ...".
PD critieria is limited to certain countries only. Therefore, by and large, "cases are processed in order they are received..." works well. However, for India, China etc. where PD cutoff has to be factored, it is used merely to decide to work or skip a file (when seen in the receive date order). If PD cutoff date is very restricted, they will have to skip a lot of cases, which slows them down. That's the reason every July they ask for wider PD cutoff dates so that they can consume a lot of visas, as they don't have to skip that many cases.
This process is a mockery of the PD cutoff dates, but that's how it works. If you sent your case on June 28, 07, with July 2, 07 as the printed Receive Data on your receipt, but the case where it finally rested, was entered in their database on Oct. 28, '07 (with a Notice Date soon thereafter), you case will not be looked at, no matter what the PD cutoff date is, unless all cases received before Oct. 28, '07 have been reviewed.
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