bkarnik
05-03 01:07 PM
Can some body point me to the full text of the bill if it is available. Also throw some light on sec 302.
Does this relate to only H1-B premium processing or to all petetions including the adjustment of status?
--MC
MC:
The language is clear. IT talks about premium processing to adjust status for EMPLOYMENT BASED IMMIGRANT petition...H1B premium processing is a done deal....
Does this relate to only H1-B premium processing or to all petetions including the adjustment of status?
--MC
MC:
The language is clear. IT talks about premium processing to adjust status for EMPLOYMENT BASED IMMIGRANT petition...H1B premium processing is a done deal....
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Leo07
11-17 03:23 PM
and BUMP...
Thanks for the initiative
Done!!!
Thanks for the initiative
Done!!!
sundarpn
02-07 03:41 PM
$50.
Your transaction ID for this payment is: 20403265J43769648.
Thx
Your transaction ID for this payment is: 20403265J43769648.
Thx
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immihelp2
12-16 01:55 PM
Thank you all for your wonderful responses, I am overwhelmed by the feedback. Some of you have posted such detailed things and personal information, for which I am very grateful. I intend to print out the thread and keep it on my desk for instant inspiration :)
Matthew Oh has summarised the predicament of folks in a situation such as mine:
12/16/2007: India EB-2 Retrogression for Two Years and 2002 and 2001 Priority Date Applications
Traditionally, the legacy INS and USCIS have been exercising its discretion more or less expediting those cases whose visa numbers would be retrogressed substantially to relieve them from the hardship. We have no information available about the number of Indian EB-2 cases with the priority dates between January 2002 and January 2000. These cases are available for adjudication in December 2007. These cases could have been those received approval of the traditional labor certification cases which were approved before October 1, 2007 by the DOL Backlog Elimination Centers. Unfortunately, the huge retrogression will occur during the nation's most celebrated year-end holiday period when the working days and adjudication resources will be very limited. We trust that the USCIS leaders are and will be doing everything possible to adjudicate these Indian cases before the end of the year.
Matthew Oh has summarised the predicament of folks in a situation such as mine:
12/16/2007: India EB-2 Retrogression for Two Years and 2002 and 2001 Priority Date Applications
Traditionally, the legacy INS and USCIS have been exercising its discretion more or less expediting those cases whose visa numbers would be retrogressed substantially to relieve them from the hardship. We have no information available about the number of Indian EB-2 cases with the priority dates between January 2002 and January 2000. These cases are available for adjudication in December 2007. These cases could have been those received approval of the traditional labor certification cases which were approved before October 1, 2007 by the DOL Backlog Elimination Centers. Unfortunately, the huge retrogression will occur during the nation's most celebrated year-end holiday period when the working days and adjudication resources will be very limited. We trust that the USCIS leaders are and will be doing everything possible to adjudicate these Indian cases before the end of the year.
more...
ronhira
09-24 03:54 PM
A person has been with a company for 10 years as a Test Lead and is promoted to a position of a manager and the Lead expects that on the first day of being a manager he wants all the rights and benefits of being a manager for 10 years even though he has been a lead for all of those 10 years.
just when i thought that i've seen everything insane possible on this forum...... u break the new barrier..... to boldly go where no man has gone before......
jindhal,
daal roti khao aur prabhu kee guun gao......
(translation: eat & live simple and thank the lord)
what is this analogy none sense..... u'r a disgrace to eb2...... date porting is codified in the law..... no one can change it but congress....... the problem with congress is that it cannot agree with anything related to immigration...... let's say they decide to do just one thing, just one....... do u truly believe that anybody other than u on this planet would care to stop porting of eligible applicants to eb2?...... pls keep me posted if you send out any communication to anyone for stopping porting.... becoz i'll send double the number of emails and letters to keep porting in place.....
i do have a suggestion for u...... if everyone is porting from eb3 to eb2..... maybe u should stay ahead of the curve and port from eb2 to eb3...... then u will be the only applicants left in entire eb3..... :rolleyes:
just when i thought that i've seen everything insane possible on this forum...... u break the new barrier..... to boldly go where no man has gone before......
jindhal,
daal roti khao aur prabhu kee guun gao......
(translation: eat & live simple and thank the lord)
what is this analogy none sense..... u'r a disgrace to eb2...... date porting is codified in the law..... no one can change it but congress....... the problem with congress is that it cannot agree with anything related to immigration...... let's say they decide to do just one thing, just one....... do u truly believe that anybody other than u on this planet would care to stop porting of eligible applicants to eb2?...... pls keep me posted if you send out any communication to anyone for stopping porting.... becoz i'll send double the number of emails and letters to keep porting in place.....
i do have a suggestion for u...... if everyone is porting from eb3 to eb2..... maybe u should stay ahead of the curve and port from eb2 to eb3...... then u will be the only applicants left in entire eb3..... :rolleyes:
Zeb
08-02 09:46 AM
Guys,
If we r landing by road and as we dont have address and we give our friends address, right?
So do we have to give address as
My Name
C/o; Friend's name
Friend's address
Or we just give
Friend's Name
Friend's address
Please anyone can throw some light on the issue.
Thanks in advance.
Just give your name and address of your friend. My brother received my card exactly after four weeks.
If we r landing by road and as we dont have address and we give our friends address, right?
So do we have to give address as
My Name
C/o; Friend's name
Friend's address
Or we just give
Friend's Name
Friend's address
Please anyone can throw some light on the issue.
Thanks in advance.
Just give your name and address of your friend. My brother received my card exactly after four weeks.
more...
gk_2000
08-09 01:13 PM
Hilarious.... Hilarious.....
1) EB2 with PD like 2007 and 2008 will certainly oppose. It is understandable. But why many EB3 folks themselves oppose it? Because they are with "looser mentality". EB3 folks, listen! No body cares about you. Then why do you care about other categories. Don't be a looser. Take care of your problem first.
2) The lawyer was suggesting us to convert to EB2. You bet. Dont you know why?
Most of the EB2 got their GC. The only loosers are EB3. With IV's reach it can easily help EB3. I told this many times before. But IV core is saying it will be very hard to even do a simplest releif measure. I simply do not understand. I hope and pray IV core will listen this time.
I suggest you drop out of EB2, and learn some English spellings before coming here and chiding people. Get lost!
1) EB2 with PD like 2007 and 2008 will certainly oppose. It is understandable. But why many EB3 folks themselves oppose it? Because they are with "looser mentality". EB3 folks, listen! No body cares about you. Then why do you care about other categories. Don't be a looser. Take care of your problem first.
2) The lawyer was suggesting us to convert to EB2. You bet. Dont you know why?
Most of the EB2 got their GC. The only loosers are EB3. With IV's reach it can easily help EB3. I told this many times before. But IV core is saying it will be very hard to even do a simplest releif measure. I simply do not understand. I hope and pray IV core will listen this time.
I suggest you drop out of EB2, and learn some English spellings before coming here and chiding people. Get lost!
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sam2006
07-20 10:08 AM
nice job guys
I think we should extend it till monday atleast
I think we should extend it till monday atleast
more...
mrajatish
05-02 10:54 AM
Stupid question, but I am sure it is in the minds of many others -
1. When, if at all, will this be heard in the Senate given the current immigration imbroglio?
2. Will the house have a similar bill?
1. When, if at all, will this be heard in the Senate given the current immigration imbroglio?
2. Will the house have a similar bill?
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newbie2020
05-02 11:37 AM
Here are my predictions
EB3 ROW Dec 06
China: 8 May 03
India: 01 Feb 02
EB2 ROW C
India 08 Mar 04
China 08 Mar 04
EB3 ROW Dec 06
China: 8 May 03
India: 01 Feb 02
EB2 ROW C
India 08 Mar 04
China 08 Mar 04
more...
SunnySurya
08-18 01:27 PM
Here is what I propose:
1. Any one with good english language skill : Can you please volunteer to draft a letter stating the issue....
2. Please contact your lawyers to see if they have contact in AILA.
3. Please contact you state chapter leader to discuss what can be done from IV stand point. I live in tri state and will contact. Murali or Chandrakanth
1. Any one with good english language skill : Can you please volunteer to draft a letter stating the issue....
2. Please contact your lawyers to see if they have contact in AILA.
3. Please contact you state chapter leader to discuss what can be done from IV stand point. I live in tri state and will contact. Murali or Chandrakanth
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sayonara
08-27 01:23 PM
it's not mine case. Clockwork reported some LUD for I140 some where. May be Aug 5? Not sure. But I think LUD of I140 doesn't matter. This is my personal opinion.
Oh ok...thanks anyways...
P.S I have also read that LUD is not an indication of anything related..but at this point, its been almost 2 months since the application was sent to attorney and absolutely no updates..so I am grasping at straws...:o
Oh ok...thanks anyways...
P.S I have also read that LUD is not an indication of anything related..but at this point, its been almost 2 months since the application was sent to attorney and absolutely no updates..so I am grasping at straws...:o
more...
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amsgc
08-25 12:47 AM
gc28262,
The issue is not with desi consultants. It is with those companies who game the system and take advantage of workers from India. If you believe that the petition filed by your company is legit, then it is all good - you will never have to worry about any audit or RFE.
As I have said before, the problem arises when some companies file petitions when there isn't an immediate job offer. They often take money from the H-1B worker to file the petition and not pay them when they are on bench - making them vulnerable to USCIS audits. In my view this is bad for the H-1B program and everybody who is involed, and it should be investigated by the USCIS.
Now, there may not be many who do this - but a few bad apples have certainly given the rest of us a bad name.
Here are some of the red dot comments I recieved for my early posts. Not that I care about red dots.
<quote>
no. i was hired because i was good. you were hired because you were willing to work as a slave for 40k.
BAN desi consultants, hoarding H1B's from deserving people, BAN everyone who supports them
</quote>
To the poster of this message,
This country is not for incompetent people who fear desi-consultants.
The issue is not with desi consultants. It is with those companies who game the system and take advantage of workers from India. If you believe that the petition filed by your company is legit, then it is all good - you will never have to worry about any audit or RFE.
As I have said before, the problem arises when some companies file petitions when there isn't an immediate job offer. They often take money from the H-1B worker to file the petition and not pay them when they are on bench - making them vulnerable to USCIS audits. In my view this is bad for the H-1B program and everybody who is involed, and it should be investigated by the USCIS.
Now, there may not be many who do this - but a few bad apples have certainly given the rest of us a bad name.
Here are some of the red dot comments I recieved for my early posts. Not that I care about red dots.
<quote>
no. i was hired because i was good. you were hired because you were willing to work as a slave for 40k.
BAN desi consultants, hoarding H1B's from deserving people, BAN everyone who supports them
</quote>
To the poster of this message,
This country is not for incompetent people who fear desi-consultants.
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vin13
07-16 05:58 PM
I am starting this new thread to discuss about EB visas spillover usage based on oldest priority date irrespective of category/country. Currently the spillover happens vertically(a top down approach) from EB1 -> EB2 -> EB3...etc. Instead it should be first used on cases with oldest priority date. This will not only give a good move to clear the backlog but will also be a fair rule for those who are patiently waiting in queue for a long time. I wrote my concern about this to my local congressman. I also request each one of you, who is impacted by this, or who is interested to help us out, to kindly contact your local congressman/woman to express your concern. In turn they can contact USCIS to implement this fair rule to help us all out.
How about basing it on when a person entered the country. Will that be fair for you?
How about basing it on when a person entered the country. Will that be fair for you?
more...
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english_august
07-06 02:59 PM
Alright friends, so we now have a lead item on Times of India on this effort.
http://timesofindia.indiatimes.com/articleshow/msid-2183334,prtpage-1.cms
Can we now have some of the Nays turn into Ayes? We now have proof that this effort is attracting media's attention, we now have proof that it is viable. Can we please make it a smashing success by getting great numbers?
http://timesofindia.indiatimes.com/articleshow/msid-2183334,prtpage-1.cms
Can we now have some of the Nays turn into Ayes? We now have proof that this effort is attracting media's attention, we now have proof that it is viable. Can we please make it a smashing success by getting great numbers?
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viswanadh73
11-18 02:22 PM
I am wondering none of these senators who responded as of now understand our request for adding the provision of recapturing unused visas. Please read below response from IOWA senator and not even one word about our request.
I appreciate you taking the time to share with me your views regarding S. 729, the Development, Relief, and Education for Alien Minors Act. The views of my fellow Iowans are an essential component of my decision making process as a Member of Congress.
As you may know, Senator Richard Durbin introduced S. 729 on March 26, 2009. This legislation would allow unlawful immigrants who entered the U.S. as minors to gain eligibility for higher education benefits based on state residence, unless a U.S. citizen is eligible for the same benefits. S. 729 has been referred to the Senate Committee on Judiciary. You will be interested to know that Congressman Howard Berman introduced H.R. 1751, the American Dream Act, on March 26, 2009, which would create a similar law. H.R. 1751 has been referred to the House Committee on Judiciary and the House Committee on Education and Labor. Please be assured that I will keep your views in mind should the full House consider this issue during the 111th Congress.
Our nation faces many challenges, and economic recovery is vital if we are to meet them. As a senior member of the House Committee on Transportation and Infrastructure, I will continue building upon the job creation opportunities that I have delivered to the 3rd District in order to expand commerce, spur business development, and provide economic opportunity to all. I periodically provide electronic updates on issues I think my constituents might be interested in. If you would like to receive the E-newsletter, please sign up at my Web Site at Congressman Leonard Boswell : Home (http://boswell.house.gov). As always, please feel free to contact me or my office if ever you think we may be of assistance.
Sincerely,
Leonard L. Boswell
Member of Congress
I appreciate you taking the time to share with me your views regarding S. 729, the Development, Relief, and Education for Alien Minors Act. The views of my fellow Iowans are an essential component of my decision making process as a Member of Congress.
As you may know, Senator Richard Durbin introduced S. 729 on March 26, 2009. This legislation would allow unlawful immigrants who entered the U.S. as minors to gain eligibility for higher education benefits based on state residence, unless a U.S. citizen is eligible for the same benefits. S. 729 has been referred to the Senate Committee on Judiciary. You will be interested to know that Congressman Howard Berman introduced H.R. 1751, the American Dream Act, on March 26, 2009, which would create a similar law. H.R. 1751 has been referred to the House Committee on Judiciary and the House Committee on Education and Labor. Please be assured that I will keep your views in mind should the full House consider this issue during the 111th Congress.
Our nation faces many challenges, and economic recovery is vital if we are to meet them. As a senior member of the House Committee on Transportation and Infrastructure, I will continue building upon the job creation opportunities that I have delivered to the 3rd District in order to expand commerce, spur business development, and provide economic opportunity to all. I periodically provide electronic updates on issues I think my constituents might be interested in. If you would like to receive the E-newsletter, please sign up at my Web Site at Congressman Leonard Boswell : Home (http://boswell.house.gov). As always, please feel free to contact me or my office if ever you think we may be of assistance.
Sincerely,
Leonard L. Boswell
Member of Congress
more...
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lazycis
10-11 03:16 PM
What happens when one filed labor under software engineer and then uses AC21 to switch jobs to a different company with a different job description like architect, product technologist or technical product manager.
The job description says designs architects and develops software. A product tecnologist,product manager or architect can be doing the same work in addition to other job functions.
I did use AC21. The law says (see 8 USC 1154(j)):
"A petition under subsection (a)(1)(D) of this section for an individual whose application for adjustment of status pursuant to section 1255 of this title has been filed and remained unadjudicated for 180 days or more shall remain valid with respect to a new job if the individual changes jobs or employers if the new job is in the same or a similar occupational classification as the job for which the petition was filed."
So salary, job locations, etc. do not matter. What does matter is the job classification. As long as you are in the same field and do the same or similar job, you'll be fine. My company's lawyer told me that they never had a problem with AC21 (company has 100,000+ employees).
Now, I am not sure if someone can leave the job, leave the US and come back 3 months later to work for a new employer. I think it's safer to have a continued employment.
The job description says designs architects and develops software. A product tecnologist,product manager or architect can be doing the same work in addition to other job functions.
I did use AC21. The law says (see 8 USC 1154(j)):
"A petition under subsection (a)(1)(D) of this section for an individual whose application for adjustment of status pursuant to section 1255 of this title has been filed and remained unadjudicated for 180 days or more shall remain valid with respect to a new job if the individual changes jobs or employers if the new job is in the same or a similar occupational classification as the job for which the petition was filed."
So salary, job locations, etc. do not matter. What does matter is the job classification. As long as you are in the same field and do the same or similar job, you'll be fine. My company's lawyer told me that they never had a problem with AC21 (company has 100,000+ employees).
Now, I am not sure if someone can leave the job, leave the US and come back 3 months later to work for a new employer. I think it's safer to have a continued employment.
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GCStatus
09-14 03:03 PM
Let's make sure that this thread or http://immigrationvoice.org/forum/showthread.php?t=21340 remains at the top "Recent forum posts" on IV homepage, so that more and more people can notice it and we can take a timely action. We might need some help from admin. to get this done. I see that "IV Forum login problems" thread is hardwired to remain at the top. We can do something similar for our thread.
Great idea Kary, I was thinking the same
Great idea Kary, I was thinking the same
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rahulp
06-12 07:27 PM
Anybody who filed after 06/04/2007, got receipt#
I am just trying to see if NSC could go past the I-485 received on 06/01/2007. Many folks whose application was received the first day got receipt and receipt#. Is there anyone who applied later and got the receipt or receipt#.
I am just trying to see if NSC could go past the I-485 received on 06/01/2007. Many folks whose application was received the first day got receipt and receipt#. Is there anyone who applied later and got the receipt or receipt#.
dingudi
02-05 11:38 AM
No FP yet for me too.July 2 filer. Application at TSC.
deepimpact
09-23 04:44 PM
If someone ports from eb3 to eb2 they should get the priority date of the day they were eligible to file an eb2 and not be able to carry the date from eb3.
Porting makes sense in a family based visa where your petitioner can file for an application while he is still a green card holder and then becomes a citizen which upgrades the beneficiary's category as well.
On an employment visa you file for an eb3 when you are eligible for an eb3 job, you file for an eb2 when you are eligible for an eb2 job. Why would you be able to jump ahead in the eb2 line when you were clearly did not have an eb2 job ? Just because you filed an application at some point of time in eb3 and waited a decade to get a better job doesn't mean someone else has to pay for your (pick one - laziness, ineptitude, lack of skill or lack of knowledge).
Most of IV Core is made of eb3 applicants and therefore there has never been any push from the core on this matter. And as someone said .. You ARE eating my lunch..
That's the way the rule is set and it doesn't matter if it makes 100% sense or not. Just like not all EB3 folks are happy with change in spillover, all in EB2 may not be happy with the way Porting rule is set up. But at the end of the day the total no. of visas available is the same, whatever way it is distributed and unless legislative change is made, both EB2 and EB3-I will remain retrogressed anywhere between 5-15 yrs.
Porting makes sense in a family based visa where your petitioner can file for an application while he is still a green card holder and then becomes a citizen which upgrades the beneficiary's category as well.
On an employment visa you file for an eb3 when you are eligible for an eb3 job, you file for an eb2 when you are eligible for an eb2 job. Why would you be able to jump ahead in the eb2 line when you were clearly did not have an eb2 job ? Just because you filed an application at some point of time in eb3 and waited a decade to get a better job doesn't mean someone else has to pay for your (pick one - laziness, ineptitude, lack of skill or lack of knowledge).
Most of IV Core is made of eb3 applicants and therefore there has never been any push from the core on this matter. And as someone said .. You ARE eating my lunch..
That's the way the rule is set and it doesn't matter if it makes 100% sense or not. Just like not all EB3 folks are happy with change in spillover, all in EB2 may not be happy with the way Porting rule is set up. But at the end of the day the total no. of visas available is the same, whatever way it is distributed and unless legislative change is made, both EB2 and EB3-I will remain retrogressed anywhere between 5-15 yrs.
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