485Mbe4001
07-28 12:29 PM
good post with good points.
Additionally EB3 ROW will also suffer because the overflow will be allocated to EB2 first. You will see more and more countries getting retrogressed in EB3. It is not a case of being envious about EB2's, it is simply the fact that EB3's as a whole are screwed very bad and EB3 I in particular will never be current.
(On paper) This visa bulletin looks like an attempt to sow discontent among the nascent EB organizations (IV in particular) and it seems to have succeeded. EB 3 have dropped off from state chapters(I have). It exposed the worst from all the groups. 2007 VB fiasco helped many, but it also created many issues for DOL and USCIS that its payback time for us, they will go through each rule with a fine tooth comb and make sure that this will never happen again. it is my opinion that in the end we lost big time.
Sorry to read blaming debates between eb3 and eb2. Insted of blaming, it is better to take some action. Based on current practice by DOS, EB3-I will be like this for ever, unless more number opens up by any legislative changes. As per law, each EB catagories are allowed to have 40K visas. As demand for EB2 is more, (paricularly by In,Ch) one can not expect any flow from EB2 to EB3 . This is law one can not change it.
Now I am coming to important point to take some action by EB3-I. The law says, 7% country quota will be applied in each prefrence catagory if worldwide demand for visas is more than supply in that catagory. But the law does not set any time frame. Therefore, the real threat for EB3-I is EB3-ROW. As per current practice, untill EB3-ROW become "current" EB3-I will get only 3000 visas per year. What happen if EB3-ROW never become "current" for next 50 years? EB3-I will be stuck in 2001 or 2002 for ever. To add my point, let us imagine a hypothetical case. Lets say in 2010 about 1 million ROW guys neend EB3 visa number. All has PD 2010. EB3-In will be stuck in 2001 till one million EB-ROW with PD 2010 recives GC. In nut shell, a EB3-ROW with latest PD will be given more preference than EB3-In with PD 2001. As current practice does not set any time limit, new flow of applications keeps retrogressed countries stuck for ever. This point has to be conveyed to DOS and USCIS to change the practice. Applications receviced in one fiscal year has to be cleared (grant GC) to process the application from next year. This way new applications from ROW will not stuck the retrogreesd countries for ever.
Additionally EB3 ROW will also suffer because the overflow will be allocated to EB2 first. You will see more and more countries getting retrogressed in EB3. It is not a case of being envious about EB2's, it is simply the fact that EB3's as a whole are screwed very bad and EB3 I in particular will never be current.
(On paper) This visa bulletin looks like an attempt to sow discontent among the nascent EB organizations (IV in particular) and it seems to have succeeded. EB 3 have dropped off from state chapters(I have). It exposed the worst from all the groups. 2007 VB fiasco helped many, but it also created many issues for DOL and USCIS that its payback time for us, they will go through each rule with a fine tooth comb and make sure that this will never happen again. it is my opinion that in the end we lost big time.
Sorry to read blaming debates between eb3 and eb2. Insted of blaming, it is better to take some action. Based on current practice by DOS, EB3-I will be like this for ever, unless more number opens up by any legislative changes. As per law, each EB catagories are allowed to have 40K visas. As demand for EB2 is more, (paricularly by In,Ch) one can not expect any flow from EB2 to EB3 . This is law one can not change it.
Now I am coming to important point to take some action by EB3-I. The law says, 7% country quota will be applied in each prefrence catagory if worldwide demand for visas is more than supply in that catagory. But the law does not set any time frame. Therefore, the real threat for EB3-I is EB3-ROW. As per current practice, untill EB3-ROW become "current" EB3-I will get only 3000 visas per year. What happen if EB3-ROW never become "current" for next 50 years? EB3-I will be stuck in 2001 or 2002 for ever. To add my point, let us imagine a hypothetical case. Lets say in 2010 about 1 million ROW guys neend EB3 visa number. All has PD 2010. EB3-In will be stuck in 2001 till one million EB-ROW with PD 2010 recives GC. In nut shell, a EB3-ROW with latest PD will be given more preference than EB3-In with PD 2001. As current practice does not set any time limit, new flow of applications keeps retrogressed countries stuck for ever. This point has to be conveyed to DOS and USCIS to change the practice. Applications receviced in one fiscal year has to be cleared (grant GC) to process the application from next year. This way new applications from ROW will not stuck the retrogreesd countries for ever.
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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
cnachu2
09-15 12:35 PM
Hi,
Thank You for taking initiation. Please add my name in the spreadsheet.
Chandrasekhar Nachu, 7329105444. My contribution is $100.
Friends,
I have created a Shared Spreadsheet with the list of people who have pledged in favor of this effort.
http://spreadsheets.google.com/ccc?key=pgWehhQEb3jqwsRC8fcKLTQ&hl=en#
Everyone can view it, but unfortunately, i didn'y think it was ideal for everyone to edit. I will be more than happy to grant Edit access to a few more folks who are willing to help. Also, from security point of view, i think we should add our IV handle instead of real name. Since we have email ID's and ph#, we can be in touch as soon as it it time for action.
Please keep sending me ur details to add to this list. Remember, we only proceed if we have atleast 1000 pledged members.
I will keep publishing this sheet from time to time on this thread so people know.
Please keep pouring in with ur suggestions.
Thank You for taking initiation. Please add my name in the spreadsheet.
Chandrasekhar Nachu, 7329105444. My contribution is $100.
Friends,
I have created a Shared Spreadsheet with the list of people who have pledged in favor of this effort.
http://spreadsheets.google.com/ccc?key=pgWehhQEb3jqwsRC8fcKLTQ&hl=en#
Everyone can view it, but unfortunately, i didn'y think it was ideal for everyone to edit. I will be more than happy to grant Edit access to a few more folks who are willing to help. Also, from security point of view, i think we should add our IV handle instead of real name. Since we have email ID's and ph#, we can be in touch as soon as it it time for action.
Please keep sending me ur details to add to this list. Remember, we only proceed if we have atleast 1000 pledged members.
I will keep publishing this sheet from time to time on this thread so people know.
Please keep pouring in with ur suggestions.
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amitjoey
11-17 03:47 PM
Some of us have established contacts with our local congressional office staff and built a rapport. Should we send those contacts an email with this text?
more...
asdqwe2k
06-27 02:58 PM
How long are you supposed to be with employer after getting GC?
Minimum of 6 Months..
Minimum of 6 Months..
siddhu98
08-14 11:57 AM
EB2-I
EAD application mailed : 7/8/2008
EAD Receipt Date: 7/11/2008
Card approved: 08/12/2008
EAD application mailed : 7/8/2008
EAD Receipt Date: 7/11/2008
Card approved: 08/12/2008
more...
gc28262
06-28 09:33 AM
Thanks for your reply.
H-1B visa holder is not authorized alien to work for any employer. Employer can not be asked to provide H-1B sponsorship.
Infact H-1B worker has lot of restrictions related to his work. H1-B worker has to work only in his job location and pay range as specified in LCA. Any significant changes in job location, job duties, and/or salary requires LCA and H-1B petition amendment. H-1B worker is out of status when out of job for any reason. EAD holders, OPT are immigrants, who are not permanent resident, but they do not have such restrictions. And, thats why, they are authorized alien to work for any employer. (Hint: SSN card for H-1B holder has line - work with USCIS authorization only whereas GC/EAD holder does not have that line on their SSN card).
Authorized alien include EAD holders, GC holders, OPT, and US citizens. If you don't believe me, feel free to put this question in lawyer's forum and let me know what response you get.
Now, coming back to your quote
This simply means that Employer can not discriminate for hiring (or other aspects of hiring) any individual because of Immigration status (i.e. GC, EAD, OPT). For an employer, two applicants can not be discriminated because of their immigrant status, as long as they are authorized to work for the employer.
In fact, from legal pont of view, applicant requiring H-1B sponsorship can br refused without assigning any reason beyond employer can not sponsor H-1B visa at this time.
It is legal to advertise job that this job position is open for workers who have unrestricted work authorization. EAD is nonrestrictive work authorization in spite of its expiration date.
Again, this is because, as GC holder and H-1B worker are not at par due to restrictions in work authorization. Employers can not be asked to apply for H-1B visa. Most employers would like to avoid hassle of visa sponsorship (additional paper work and legal requirements) and they prefer hiring H-1B worker as contractor through consulting company instead of employee.
_______________________
Not a legal advice.
US citizen of Indian origin
desi3933,
Your points well taken. However all the arguments you are saying about H1B is the practical way employers do their hiring. However as per law they cannot discriminate based on immigration status including H1B. Employers cannot even ask the candidate to have a particular type of work authorization.
No employer can advertise a job only for GC/Citizen unless they have a valid reason (the job needs security clearance etc.).
BTW the law does not say that authorized alien should have a work permit allowing him to work for any employer.
My turn to ask you a proof.
Can you show me a law that says H1B can be treated differently with respect to other work authorization for hiring/firing ?
H-1B visa holder is not authorized alien to work for any employer. Employer can not be asked to provide H-1B sponsorship.
Infact H-1B worker has lot of restrictions related to his work. H1-B worker has to work only in his job location and pay range as specified in LCA. Any significant changes in job location, job duties, and/or salary requires LCA and H-1B petition amendment. H-1B worker is out of status when out of job for any reason. EAD holders, OPT are immigrants, who are not permanent resident, but they do not have such restrictions. And, thats why, they are authorized alien to work for any employer. (Hint: SSN card for H-1B holder has line - work with USCIS authorization only whereas GC/EAD holder does not have that line on their SSN card).
Authorized alien include EAD holders, GC holders, OPT, and US citizens. If you don't believe me, feel free to put this question in lawyer's forum and let me know what response you get.
Now, coming back to your quote
This simply means that Employer can not discriminate for hiring (or other aspects of hiring) any individual because of Immigration status (i.e. GC, EAD, OPT). For an employer, two applicants can not be discriminated because of their immigrant status, as long as they are authorized to work for the employer.
In fact, from legal pont of view, applicant requiring H-1B sponsorship can br refused without assigning any reason beyond employer can not sponsor H-1B visa at this time.
It is legal to advertise job that this job position is open for workers who have unrestricted work authorization. EAD is nonrestrictive work authorization in spite of its expiration date.
Again, this is because, as GC holder and H-1B worker are not at par due to restrictions in work authorization. Employers can not be asked to apply for H-1B visa. Most employers would like to avoid hassle of visa sponsorship (additional paper work and legal requirements) and they prefer hiring H-1B worker as contractor through consulting company instead of employee.
_______________________
Not a legal advice.
US citizen of Indian origin
desi3933,
Your points well taken. However all the arguments you are saying about H1B is the practical way employers do their hiring. However as per law they cannot discriminate based on immigration status including H1B. Employers cannot even ask the candidate to have a particular type of work authorization.
No employer can advertise a job only for GC/Citizen unless they have a valid reason (the job needs security clearance etc.).
BTW the law does not say that authorized alien should have a work permit allowing him to work for any employer.
My turn to ask you a proof.
Can you show me a law that says H1B can be treated differently with respect to other work authorization for hiring/firing ?
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snathan
02-14 01:32 PM
Terrorists are banned from visiting USA.
Narenda Modi has been banned from visiting USA.
You do the reasoning :D
Daood Sayed Gilani aka David Headley and Faisal Shahzad were given USC...now you decide yourself.
Narenda Modi has been banned from visiting USA.
You do the reasoning :D
Daood Sayed Gilani aka David Headley and Faisal Shahzad were given USC...now you decide yourself.
more...
nixstor
07-03 11:25 PM
AAA members should get around 15% discount on FTD..
http://digg.com/politics/Rep_Lofgren_Issues_Statement_on_Updated_Visa_Bulle tin
http://digg.com/politics/No_July_4th_Celebrations_for_Highly_Skilled_Future _Americans/who
http://digg.com/politics/Rep_Lofgren_Issues_Statement_on_Updated_Visa_Bulle tin
http://digg.com/politics/No_July_4th_Celebrations_for_Highly_Skilled_Future _Americans/who
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anurakt
10-25 12:49 PM
Guys,
I never beleive in polls. The questions are always framed in such a way so that max people go and answer the way the poll wants....example below
Q1 ... Do you as an American support CIR for resolving immigration issues this country faces ?
Q2 ... Do you as an American support CIR so that illegal immigrants be a Citizen of this country ?
Looks at the above two questions, I think for Q1 lot of people would say "Yes" and "No" for the Q2, so I never beleive on the polls , the questions are always framed to get the answer the poll wants.
I never beleive in polls. The questions are always framed in such a way so that max people go and answer the way the poll wants....example below
Q1 ... Do you as an American support CIR for resolving immigration issues this country faces ?
Q2 ... Do you as an American support CIR so that illegal immigrants be a Citizen of this country ?
Looks at the above two questions, I think for Q1 lot of people would say "Yes" and "No" for the Q2, so I never beleive on the polls , the questions are always framed to get the answer the poll wants.
more...
mrajatish
08-07 10:44 AM
My 140 was pending in TSC since early feb. It got approved on Aug 3rd. My 485 app was receipted on the same date from TSC. So, app was transferred from NSC-> TSC (filed in NSC on June 25th).
So, folks, hold on - you will get receipted soon.
Are you guys participating in IV rally in September - please consider doing so.
So, folks, hold on - you will get receipted soon.
Are you guys participating in IV rally in September - please consider doing so.
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ajaykk
08-26 10:38 PM
No, we have not tried calling yet. Both are on H1, so just have EAD for just peace of mind. Do let us know what you hear from the customer service.
Thanks,
Sina
Even my spouse got card production ordered email. Good Luck to you.
Thanks,
Sina
Even my spouse got card production ordered email. Good Luck to you.
more...
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devmaha
02-18 03:27 PM
--------------------------------------------------------------------------------
I will not be able to attend the effort, so i just donated $50 using Paypal Unique Transaction ID #76X660992B201912K.
I will not be able to attend the effort, so i just donated $50 using Paypal Unique Transaction ID #76X660992B201912K.
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simple1
05-02 01:07 AM
Thanks a lot lost_in_migration for providing supporting docs.
I strongly believe none will be affected with this correct interpretation of EB dependents must not use ebquota.
4. INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed. Section 203(d) provides that spouses and children of preference immigrants are entitled to the same status, and the same order of consideration, if accompanying or following to join the principal. The visa prorating provisions of Section 202(e) apply to allocations for a foreign state or dependent area when visa demand exceeds the per-country limit. These provisions apply at present to the following oversubscribed chargeability areas: CHINA-mainland born, INDIA, MEXICO, and PHILIPPINES.
From the text highlighted above can we infer that EB principal applicant's PD will be applied to EB dependent (irrespective of whether the visa number is taken from EB or FB) ?
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=c9fef57852dc066cfe16a4cb81683 8a4
203(d) => Treatment of Family Members. - A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 101(b)(1) shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c), be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.
same status can be EB GC or just GC ?? If it is EB GC then this thread can RIP
I strongly believe none will be affected with this correct interpretation of EB dependents must not use ebquota.
4. INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed. Section 203(d) provides that spouses and children of preference immigrants are entitled to the same status, and the same order of consideration, if accompanying or following to join the principal. The visa prorating provisions of Section 202(e) apply to allocations for a foreign state or dependent area when visa demand exceeds the per-country limit. These provisions apply at present to the following oversubscribed chargeability areas: CHINA-mainland born, INDIA, MEXICO, and PHILIPPINES.
From the text highlighted above can we infer that EB principal applicant's PD will be applied to EB dependent (irrespective of whether the visa number is taken from EB or FB) ?
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=c9fef57852dc066cfe16a4cb81683 8a4
203(d) => Treatment of Family Members. - A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 101(b)(1) shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c), be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.
same status can be EB GC or just GC ?? If it is EB GC then this thread can RIP
more...
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hindu_king
03-06 05:11 PM
Section 202 of the Immigration and Nationality Act (INA) states that the per-country limit for preference immigrants is set at 7% of the total annual employment-based preference limits. This means a country with large population like India and a tiny country like Lichtenstein get same number of visa numbers. This system is designed to systematically discriminate people from India and China by preventing them from attaining employment visas. More research needs to be done whether this constitutes a violation of US Equal Employment Opportunity Law. We need to find out whether this constitutes discrimination by national origin. Below is is some relevant reading material:
http://www.eeoc.gov/policy/docs/national-origin.html#IIA
http://www.eeoc.gov/policy/docs/national-origin.html#IIA
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GreenMe
02-08 03:05 PM
I found this very interesting article from NPR on R2I - Please read at ur leisure.
A Brain Drain In Reverse, Back To India : NPR (http://www.npr.org/templates/story/story.php?storyId=104252712)
A Brain Drain In Reverse, Back To India : NPR (http://www.npr.org/templates/story/story.php?storyId=104252712)
more...
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GCStatus
09-16 05:34 PM
Ok now.... Here is something interesting.
Who said ? Lawsuits will not work. If you guys have any doubts ? Follow the links below, iam gonna paste. It will tell you how powerful lawsuits are in this country if you think you have been fooled over and over on false promises. This is especially true in the case of People whose priority date was current for a long time but still they were made to wait because of unknown reasons by USCIS while the folks who had priority dates as recent as 2006 walked with Green Cards. People especially who fall under this category are sure to succeed only by filing lawsuits. I dont see any other way out here.
http://www.boston.com/news/nation/articles/2005/12/17/immigrants_are_suing_to_speed_up_citizenship/
http://boards.immigration.com/showthread.php?t=194681
Thanks
MadhuVJ
This is what i am talking about ! Good one, MadhuVJ
Who said ? Lawsuits will not work. If you guys have any doubts ? Follow the links below, iam gonna paste. It will tell you how powerful lawsuits are in this country if you think you have been fooled over and over on false promises. This is especially true in the case of People whose priority date was current for a long time but still they were made to wait because of unknown reasons by USCIS while the folks who had priority dates as recent as 2006 walked with Green Cards. People especially who fall under this category are sure to succeed only by filing lawsuits. I dont see any other way out here.
http://www.boston.com/news/nation/articles/2005/12/17/immigrants_are_suing_to_speed_up_citizenship/
http://boards.immigration.com/showthread.php?t=194681
Thanks
MadhuVJ
This is what i am talking about ! Good one, MadhuVJ
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TheOmbudsman
10-26 11:40 AM
Hi Pineapple,
That is my favorite fruit !
Very simple.
1. We should focus our resources and lobbying efforts to tone down immigration bills on our behalf. Spending our money to go there and put one more soul to say to Sen. Specter "vote for this bill" does not cut it.
2. We should use our lobbying resources and connections to contact decision makers from NumberUSA, FAIRUS.org and other major organizations and communicate our plans. We should clearly adopt a position against any bill which supports amnesty and offer a sensible, reasonable and fair quantitative increase in Employment Visa numbers. An example of reasonable proposals would be temporary increase of visa numbers, elimination of visa lottery and reallocation of visa numbes to EB, visa number recapture.
Thanks for asking.
The Ombdusman
TheOmbudsman, what Exactly is the point you are trying to make? You have been moaning about pretty much everything under the sun, but I cannot see a coherent strategy being proposed as an alternative.
That is my favorite fruit !
Very simple.
1. We should focus our resources and lobbying efforts to tone down immigration bills on our behalf. Spending our money to go there and put one more soul to say to Sen. Specter "vote for this bill" does not cut it.
2. We should use our lobbying resources and connections to contact decision makers from NumberUSA, FAIRUS.org and other major organizations and communicate our plans. We should clearly adopt a position against any bill which supports amnesty and offer a sensible, reasonable and fair quantitative increase in Employment Visa numbers. An example of reasonable proposals would be temporary increase of visa numbers, elimination of visa lottery and reallocation of visa numbes to EB, visa number recapture.
Thanks for asking.
The Ombdusman
TheOmbudsman, what Exactly is the point you are trying to make? You have been moaning about pretty much everything under the sun, but I cannot see a coherent strategy being proposed as an alternative.
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brij523
03-11 09:54 PM
How can a person find out that you are there when you have not written a word after the first post. Now that you have replied, that is good. Everyone knows that you have read the responses.
A kind request. Think about the question I am writing.
What do you think we should be doing at this site? What is the objective of this site? Is everyone being part of that objective? What would be a constructive post to be a part of objective? What effort people have put toward the objective?
Well, I am not annonymous and not ran away :). I read all the posts here and having a sense of "belonging". And the word "helpless" comes to mind.
Thank you ALL for responding to my post.
I also sent an email to my congress-women and lets see if go through.
Thanks again to all of you out there.
A kind request. Think about the question I am writing.
What do you think we should be doing at this site? What is the objective of this site? Is everyone being part of that objective? What would be a constructive post to be a part of objective? What effort people have put toward the objective?
Well, I am not annonymous and not ran away :). I read all the posts here and having a sense of "belonging". And the word "helpless" comes to mind.
Thank you ALL for responding to my post.
I also sent an email to my congress-women and lets see if go through.
Thanks again to all of you out there.
kshitijnt
07-09 02:48 PM
I am in a similar position but working on 3 months contract through a consulting company on w2. It is similar to my 485 job details, but it is a short term project.
Would I get an RFE if I work on contract on W2?
In my personal opinion, you should look out for permanent offers. I tend to prefer 1099 contracts as opposed to W-2 because 1099s tend to make stronger case for self employment.
Would I get an RFE if I work on contract on W2?
In my personal opinion, you should look out for permanent offers. I tend to prefer 1099 contracts as opposed to W-2 because 1099s tend to make stronger case for self employment.
hsingh82
11-17 03:21 PM
Thanks!
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