krish2006
09-24 08:18 AM
Consider the scenario:
Two guys (A and B) come to US in 2005, both do not have MS and experience less than 5 years. Therefore both not elligible for EB2 on 2005. They are from a retrogressed country.
A does MS and joins job in 2007, becomes eligible for EB2 and files GC on 2007.
B joins a job on 2005 that do not need MS and experience and files for EB3.
Till 2010 both of them did not get GC. But B crossed 5 years of experience and from EB3 to EB2. Now B's priority date is 2005, although he was not elligible for EB2 at that time.
Although A was elligible for EB2 in 2007 earlier than B (2010), A is pushed behind B.
SHould it be acceptable to people like A? And there is not one or two pleale like B, thousands arer doing that?
If you see my priority date you will understand I am not saying this for myself. I have a bro and friends who are facing this isssue.
Therefore EB2s who are from mid 2006 onwards will really get pushed back..
I see this porting simillar to the labor substitition.. Till it was in place it was legal although thousands bought labors and that is one main reason EB2 had retrogressed back to 2000. I predict simillar thing is happending again, people are paying money to the desi employers to file perm in EB2 again pretty soon same tertrogression will happen to EB2 I if any urgent action is not taken.
I hace passed this stage.. now its for you all to decide..
In Your example, Is B working for the same company or different company in 2010. As you know experience working for the same company does not count towards EB2. B has to take another job at a different company to qualify for EB2. Am I correct in this?
(unless the title and job description totally different in 2010 for B)
Two guys (A and B) come to US in 2005, both do not have MS and experience less than 5 years. Therefore both not elligible for EB2 on 2005. They are from a retrogressed country.
A does MS and joins job in 2007, becomes eligible for EB2 and files GC on 2007.
B joins a job on 2005 that do not need MS and experience and files for EB3.
Till 2010 both of them did not get GC. But B crossed 5 years of experience and from EB3 to EB2. Now B's priority date is 2005, although he was not elligible for EB2 at that time.
Although A was elligible for EB2 in 2007 earlier than B (2010), A is pushed behind B.
SHould it be acceptable to people like A? And there is not one or two pleale like B, thousands arer doing that?
If you see my priority date you will understand I am not saying this for myself. I have a bro and friends who are facing this isssue.
Therefore EB2s who are from mid 2006 onwards will really get pushed back..
I see this porting simillar to the labor substitition.. Till it was in place it was legal although thousands bought labors and that is one main reason EB2 had retrogressed back to 2000. I predict simillar thing is happending again, people are paying money to the desi employers to file perm in EB2 again pretty soon same tertrogression will happen to EB2 I if any urgent action is not taken.
I hace passed this stage.. now its for you all to decide..
In Your example, Is B working for the same company or different company in 2010. As you know experience working for the same company does not count towards EB2. B has to take another job at a different company to qualify for EB2. Am I correct in this?
(unless the title and job description totally different in 2010 for B)
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roseball
04-01 03:33 AM
Hi All,
I may get an offer from a company that is small with limited funding. They are not willing to do my H1B and want me to use EAD. I wanted to keep my H1B valid, but the company will make me pay for it. And given that I will have to apply for extension soon, I will have to pay for it again. So monetarily, its not good for me.
I believe you are thinking you will only get the H1 extended with this new company till Mar 2010 and you will have to apply again.
When you apply for H1 with this new company, you can request for an extension for 3 yrs based on your approved I-140. Just go ahead and apply for H1 using AC21 with a copy of I-140 approval notice. You will get it for 3 more years....No need to use your EAD.
I may get an offer from a company that is small with limited funding. They are not willing to do my H1B and want me to use EAD. I wanted to keep my H1B valid, but the company will make me pay for it. And given that I will have to apply for extension soon, I will have to pay for it again. So monetarily, its not good for me.
I believe you are thinking you will only get the H1 extended with this new company till Mar 2010 and you will have to apply again.
When you apply for H1 with this new company, you can request for an extension for 3 yrs based on your approved I-140. Just go ahead and apply for H1 using AC21 with a copy of I-140 approval notice. You will get it for 3 more years....No need to use your EAD.
p7810456
05-23 10:25 AM
Already emailed all the senators in the list.. including faxes to two of my state Senators, FL. Also.. going to call few in the afternoon.
I hope this works..
I hope this works..
2011 images Big Sean#39;s Finally
sss9i
08-30 11:12 AM
Please create link to main page Forum So that everyone can access easily.
I am starting this thread , as there is a thread for July 2nd filers only. This thread can be used for information on receipt number etc., for the I 485 filers who filed between July 17 - Aug 17th.
I am starting this thread , as there is a thread for July 2nd filers only. This thread can be used for information on receipt number etc., for the I 485 filers who filed between July 17 - Aug 17th.
more...
amitjoey
05-23 04:35 PM
Sent email to 2+10 senators.
Thanks, please also webfax. It is just one click.
Thanks, please also webfax. It is just one click.
hari_babu22
11-17 05:31 PM
done
more...
nefrateedi
08-22 04:01 PM
Application reached NSC on July 14. No receipts or cashed checks yet.
2010 ig sean album artwork.
desi3933
06-26 10:06 AM
The way i understand this, not all companies are bound by the EOE laws.
Certain conditions have to be met to be considered an EOE.
Not every employer is an equal opp employer, so those guys can hire whoever they want.
Besides hiring folks on h1b, etc could add to costs for employers. So they choose not to employ such folks.
>> not all companies are bound by the EOE laws.
Incorrect
All US Employers (that have 15 or more employees) must follow labor laws. EOE applies to all of them.
Read more for yourself
Federal Laws Prohibiting Job Discrimination: Questions And Answers (http://www.eeoc.gov/facts/qanda.html)
However, this is for lawful authorized workers only. In other words, one can not force employer to file for H-1B or any other work visa. At the end of H-1B petition date, employer can not be asked to extend H-1B. That is employer's choice.
But, once hired, H-1B employee can not be discriminated with other workers for equal opportunities in training, job promotions, and work conditions.
________________________
Not a legal advice.
US citizen of Indian origin
Certain conditions have to be met to be considered an EOE.
Not every employer is an equal opp employer, so those guys can hire whoever they want.
Besides hiring folks on h1b, etc could add to costs for employers. So they choose not to employ such folks.
>> not all companies are bound by the EOE laws.
Incorrect
All US Employers (that have 15 or more employees) must follow labor laws. EOE applies to all of them.
Read more for yourself
Federal Laws Prohibiting Job Discrimination: Questions And Answers (http://www.eeoc.gov/facts/qanda.html)
However, this is for lawful authorized workers only. In other words, one can not force employer to file for H-1B or any other work visa. At the end of H-1B petition date, employer can not be asked to extend H-1B. That is employer's choice.
But, once hired, H-1B employee can not be discriminated with other workers for equal opportunities in training, job promotions, and work conditions.
________________________
Not a legal advice.
US citizen of Indian origin
more...
desi3933
07-10 11:42 AM
....
looks like this case actually tells me that maybe we could do self-employment easily...
The problem with self employment is demonstrate
1. AC-21 job is in same classification as original labor/I-140
2. New job is bonafide
In order to show that the new job is "real", one has to show
1. The business is real, not just paper shop
2. Business Plan, Funding to support employees
3. Any contracts, orders etc
If business is new, it becomes difficult to show that business can offer full time job to someone at say 60k salary per year. Now, if business has some capital funding or line of credit from bank or some long term contracts, then it is relatively easy to show that business can support employees.
The burden of proof, in case of RFE, lies on beneficiary.
__________________
Not a legal advice.
looks like this case actually tells me that maybe we could do self-employment easily...
The problem with self employment is demonstrate
1. AC-21 job is in same classification as original labor/I-140
2. New job is bonafide
In order to show that the new job is "real", one has to show
1. The business is real, not just paper shop
2. Business Plan, Funding to support employees
3. Any contracts, orders etc
If business is new, it becomes difficult to show that business can offer full time job to someone at say 60k salary per year. Now, if business has some capital funding or line of credit from bank or some long term contracts, then it is relatively easy to show that business can support employees.
The burden of proof, in case of RFE, lies on beneficiary.
__________________
Not a legal advice.
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magicmonkey
08-22 02:22 PM
EB3/PD: NOV 2004
Send I485 11th Jul
I40 approved June2007
RD:
ND :
Send I485 11th Jul
I40 approved June2007
RD:
ND :
more...
Openarms
05-02 02:42 PM
It seems to me that there is a discrimination going on with EB3 India. So far there are not many approvals why???? They are trying to suppress this EB3-India category why??? lot of approvals in EB2-India? why??? don't say they are less cases.
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mallikonnet
07-19 10:09 PM
count on me $100 and let me know how and when to pay
more...
house Big Sean#39;s album is quite
obviously
07-27 07:15 AM
LEGAL AND STUCK IN - 7 YRS. ILLEGAL AND SNUCK IN - 7 MINS. CHOOSE!
It is a fact that EB3 India is a FORGOTTEN category. There appears to be a sense of intra-category elitism within the larger community that comes together at IV. EB3 I's make feeble attempts to be heard and some take a shot at innovative marketing campaigns to call attention to the plight of being stuck for over 6 ot 7 years in some cases. EB2 I's immediately respond with a self protectionist attitude and preach a higher calling that focuses on comprehensive solutions instead of piecemeal solutions. EB1 I's obviously choose to remain outside the fray, since these are matter of concern to vox populi, not them.
Some EB2's and EB3's then analyse the hell out of USCIS logic, to the extent that they could become full time spin meisters for ANY public organization. With very little fact, a healthy dose of opinion and a mish mash of 'logic', they piece together their 'strong' arguments -one way or the other.
Lost in this useless din of irrelevant analysis paralysis is the real misery of thousands of EB3 I's (such as myself) that have been stuck for years for no fault of ours. By the way, I happen to be a highly educated (for those that care) Executive that went to Top Private Universities in the US that happens to be stuck in EB3 ONLY because the company HR rep and lawyer at the time, chose to go down this path. POint being, there is no reason for EB2 I's to pontificate from a sense of elitist protectionism because there are EB3 I's like me that can outsmart a bunch of you in no time. Seriously. (This is for those that preach that if you are 'smart' you should be in EB2. Go read those threads).
So bottomline, let us stop behaving like CIS vs Anti CIS camps and instead UNITE towards the common cause. Let EB3I's air their frustrations. If you can come to help, do so. If not, stay out of it completely. No more half ass 'logic', please.
Thanks!
It is a fact that EB3 India is a FORGOTTEN category. There appears to be a sense of intra-category elitism within the larger community that comes together at IV. EB3 I's make feeble attempts to be heard and some take a shot at innovative marketing campaigns to call attention to the plight of being stuck for over 6 ot 7 years in some cases. EB2 I's immediately respond with a self protectionist attitude and preach a higher calling that focuses on comprehensive solutions instead of piecemeal solutions. EB1 I's obviously choose to remain outside the fray, since these are matter of concern to vox populi, not them.
Some EB2's and EB3's then analyse the hell out of USCIS logic, to the extent that they could become full time spin meisters for ANY public organization. With very little fact, a healthy dose of opinion and a mish mash of 'logic', they piece together their 'strong' arguments -one way or the other.
Lost in this useless din of irrelevant analysis paralysis is the real misery of thousands of EB3 I's (such as myself) that have been stuck for years for no fault of ours. By the way, I happen to be a highly educated (for those that care) Executive that went to Top Private Universities in the US that happens to be stuck in EB3 ONLY because the company HR rep and lawyer at the time, chose to go down this path. POint being, there is no reason for EB2 I's to pontificate from a sense of elitist protectionism because there are EB3 I's like me that can outsmart a bunch of you in no time. Seriously. (This is for those that preach that if you are 'smart' you should be in EB2. Go read those threads).
So bottomline, let us stop behaving like CIS vs Anti CIS camps and instead UNITE towards the common cause. Let EB3I's air their frustrations. If you can come to help, do so. If not, stay out of it completely. No more half ass 'logic', please.
Thanks!
tattoo Big Sean is finally releasing
SunnySurya
08-18 02:39 PM
That is absolutely correct!I thought SunnySurya is talking about Processing application based on Priority dates which is applicable to Any Employement or Even family categories, with respect to Quota for that catagories..
So guys hang on Your swords. Its not EB3 or EB2 or EB1.
So guys hang on Your swords. Its not EB3 or EB2 or EB1.
more...
pictures album big sean finally
stucklabor
06-26 12:56 PM
Santosh_gc, I don't have a problem when you talk about illegals getting ahead of legals etc. But the comment about illegal immigrants bringing corruption into the U.S. was way out of line. It is unfair that illegal immigrants may get ahead of legal immigrants. Let us leave it at that and not speculate on how they might introduce corruption into society. No discussions on how they break the law when they enter the country - that is a bogus argument. Just about every one of us breaks the law every time he/she gets behind the wheel of a car, unless you claim you always drive the speed limit. By your logic, then every immigrant from India can be disallowed as we are exposed to as much corruption in India as there is in Mexico and we might infect the U.S. culture just as much. Bkam's comments didn't add any value to the discussion and were just offensive.
Keep the argument civil and logical and treat others the way you would like yours to be treated.
The Ombudsman, I am an IV core member. You may be a contributor to IV but please don't expect me to answer a call from you just because I disagree with you and you would like to argue about it. Keep your arguments logical, don't give us hearsay about what some lawyer told you.
Keep the argument civil and logical and treat others the way you would like yours to be treated.
The Ombudsman, I am an IV core member. You may be a contributor to IV but please don't expect me to answer a call from you just because I disagree with you and you would like to argue about it. Keep your arguments logical, don't give us hearsay about what some lawyer told you.
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dingudi
11-06 02:48 PM
dingudi,
I tend to disagree from you on your comment regarding a possible link between name check and FP. I think they are seperate processes and run in parallel - one does not depend on another. I've read somewhere that a guy's name check was initiated like a month before he went for his FP. He got that info from infopass appointment. Also, wouldn't the IOs mention about the pending name check if it was related to FP notice?
Regarding reaching a non TSC IO, I think is impossible since the call gets directed to TSC or NSC based on the receipt number that you key in when you call.
I agree with you that we'll end up getting the same damn letter as our friend about no appointment availabality at local ASC for our SR response. It seems to me that we have to try either the Infopass or just wait it out.
Has anyone thought about writing to ombdusman (if I spelled it correctly) about this FP notice issue or will that be not worth it?
Maybe we should mention to IOs next time we call that others who applied weeks after us have gotten their FP notices from our local ASC. I am not sure if it will help but worth giving it a try. There is another way I thought we can bypass the TSC IO. I am not sure if this will work but I am thinking of giving it a try if I do not get FP in the next couple of weeks.
I tend to disagree from you on your comment regarding a possible link between name check and FP. I think they are seperate processes and run in parallel - one does not depend on another. I've read somewhere that a guy's name check was initiated like a month before he went for his FP. He got that info from infopass appointment. Also, wouldn't the IOs mention about the pending name check if it was related to FP notice?
Regarding reaching a non TSC IO, I think is impossible since the call gets directed to TSC or NSC based on the receipt number that you key in when you call.
I agree with you that we'll end up getting the same damn letter as our friend about no appointment availabality at local ASC for our SR response. It seems to me that we have to try either the Infopass or just wait it out.
Has anyone thought about writing to ombdusman (if I spelled it correctly) about this FP notice issue or will that be not worth it?
Maybe we should mention to IOs next time we call that others who applied weeks after us have gotten their FP notices from our local ASC. I am not sure if it will help but worth giving it a try. There is another way I thought we can bypass the TSC IO. I am not sure if this will work but I am thinking of giving it a try if I do not get FP in the next couple of weeks.
more...
makeup ig sean my last album cover.
spulapa
02-02 01:12 PM
[QUOTE=shreekhand;2310147]Nobody is holding them back and that is the very reason they are planning to go back... got it ?
Your rant in the post of all things, especially about the caste system seems like the half baked knowledge of a westerner bloating and carrying the caste "issue" to stratospheric levels!
I don't from what area in India exposed you to your experiences, but apart from the ridiculous reservations and quota system, there have been no caste related issues that I or my family faced while in western India. Be it working with people from all castes, making friends with them or really helping the neglected. This was the case with my neighbors or any relatives.
This shows how ignorant you are about the most prevailing and backward situation in INDIA. Unfortunately the above comments show you like the cat drinking the milk closing eyes thinking nobody is watching her.
Do you even know why the quota system was introduced. it is a different thing that it is not being utilized the way it had to be put into use. You are just from western part of India don't speak as though you are from western part of the world. I guess you don't watch the news where they speak about the various atrocities done on the backward class by the forward class. I feel sorry for your ignorance that is all I can do. When possible go to any NGO social service people and ask about caste system and they will give you ample stories which might shatter your belief. What I agreed with the fellow IV member was on a different issue and I acknowledge the fact that things are wrong in each part of the world and every country has its own share of issues. Just like nobody is perfect not every place is perfect. But not acknowledging the fact that something is so widely prevalent in India just shows how far as an individual you are away from reality.
Peace.
Your rant in the post of all things, especially about the caste system seems like the half baked knowledge of a westerner bloating and carrying the caste "issue" to stratospheric levels!
I don't from what area in India exposed you to your experiences, but apart from the ridiculous reservations and quota system, there have been no caste related issues that I or my family faced while in western India. Be it working with people from all castes, making friends with them or really helping the neglected. This was the case with my neighbors or any relatives.
This shows how ignorant you are about the most prevailing and backward situation in INDIA. Unfortunately the above comments show you like the cat drinking the milk closing eyes thinking nobody is watching her.
Do you even know why the quota system was introduced. it is a different thing that it is not being utilized the way it had to be put into use. You are just from western part of India don't speak as though you are from western part of the world. I guess you don't watch the news where they speak about the various atrocities done on the backward class by the forward class. I feel sorry for your ignorance that is all I can do. When possible go to any NGO social service people and ask about caste system and they will give you ample stories which might shatter your belief. What I agreed with the fellow IV member was on a different issue and I acknowledge the fact that things are wrong in each part of the world and every country has its own share of issues. Just like nobody is perfect not every place is perfect. But not acknowledging the fact that something is so widely prevalent in India just shows how far as an individual you are away from reality.
Peace.
girlfriend Big Sean reveals the cover to
acecupid
09-24 04:13 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.
Great analogy... Please send it to USCIS and lawmakers. I am sure they will listen to you. :D
what you are hoping for is a change in law which one cares about because it is absurd.
Great analogy... Please send it to USCIS and lawmakers. I am sure they will listen to you. :D
what you are hoping for is a change in law which one cares about because it is absurd.
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hiUS
09-09 10:16 AM
I actually spoke to Customer service and I got 2 very different responses.
1. Wait till you are an old man and then the cards may just come !! (Just Kidding ) she actually said wait for 90 days.
2. Another CSR told me that the TSC is having technical issues and they are not able to access the Biometric information on approved 485's in their systems. She advised me to download Form I-90 from the USCIS site and fill that in and send it in - if you have a minor on the petition then also send 2 passport size pictures of the minor - this will allow them to access the Biometric screen when they process the I-90. We will get Biometric notices and the Minor will get the card - the Grown ups will get the Cards after the Biometrics are uploaded.
I have not done this - eventhough I downloaded the I-90 forms - I took a INFOPASS appt and if they suggest that I should do a I-90 then I can get that done right on the spot - I am carrying the filled I-90 with me. Anyhow I-90 is usually submitted to correct errors on the card or to replace a card - however this woman sounded quite knowledgeable - but then there are issues realted to where the I-90 should be sent - this is specially complicated if your case has been transferred a few times like mine was.
Best is to check with the guys/gals at Infopass -meeting.
All this was from the rep at the TSC - so not sure if this is applicable to all centers.
AGAIN THIS IS WHAT I HEARD FROM THE TSC REP - PLEASE USE THIS INFORMATION AT YOUR OWN RISK - I AM NOT SENDING THE I-90 ON MY OWN.
I will post my Infoapss exp on the 9th of september.
Hi wait4ever,
Please post your Infopass experience when you are done with it today.
1. Wait till you are an old man and then the cards may just come !! (Just Kidding ) she actually said wait for 90 days.
2. Another CSR told me that the TSC is having technical issues and they are not able to access the Biometric information on approved 485's in their systems. She advised me to download Form I-90 from the USCIS site and fill that in and send it in - if you have a minor on the petition then also send 2 passport size pictures of the minor - this will allow them to access the Biometric screen when they process the I-90. We will get Biometric notices and the Minor will get the card - the Grown ups will get the Cards after the Biometrics are uploaded.
I have not done this - eventhough I downloaded the I-90 forms - I took a INFOPASS appt and if they suggest that I should do a I-90 then I can get that done right on the spot - I am carrying the filled I-90 with me. Anyhow I-90 is usually submitted to correct errors on the card or to replace a card - however this woman sounded quite knowledgeable - but then there are issues realted to where the I-90 should be sent - this is specially complicated if your case has been transferred a few times like mine was.
Best is to check with the guys/gals at Infopass -meeting.
All this was from the rep at the TSC - so not sure if this is applicable to all centers.
AGAIN THIS IS WHAT I HEARD FROM THE TSC REP - PLEASE USE THIS INFORMATION AT YOUR OWN RISK - I AM NOT SENDING THE I-90 ON MY OWN.
I will post my Infoapss exp on the 9th of september.
Hi wait4ever,
Please post your Infopass experience when you are done with it today.
abracadabra
07-07 10:52 PM
Hope somebody is serious out there, just kidding
prakgc
12-26 02:04 PM
Dingudi.. sent you a PM ..
If its TSC then I do not think it will help at all. Whenever I talk to IO their only response if they are waiting for availability at local ASC.
So TSC people are out of luck.
If its TSC then I do not think it will help at all. Whenever I talk to IO their only response if they are waiting for availability at local ASC.
So TSC people are out of luck.
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