
modvik
05-02 12:12 AM
If any of these do succeed to make it through the congress, does it mean that the retrogression problem be totally eliminated (at least for the short term)?
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gbof
08-27 09:40 PM
I'd suggest u guys take ur card magnetization talk onto another thread instead of making other current and still waiting ppl feel bad about the fact that they still dont have cards but here we have others talking about their plastic cards.
My dear friend,
Did you NOTICE the best wishes for those who are current?. Take the things in right sipirit........even ...If you can not appreciate
My dear friend,
Did you NOTICE the best wishes for those who are current?. Take the things in right sipirit........even ...If you can not appreciate

simple1
05-01 03:14 PM
exactly, spouse/derivate doesn�t get affected at all (other than a shorter or longer delay, depending on calculations).
Anyways, regardless EAD/AP or green card the derivate cant leave the country longer time. There will be no diff for her.
They have no strings attached EAD. Look at ours/primary? Can a programmer-EAD take up Project manager Job? Categorically No.
If the primary gets greencard earlier both (primary with GC, spouse with open-ead) can work/move any place they want.
Plus it is fair this way for some primary waiting in the queue and there is no law tying EBdependent with EBquota.
Again, I am waiting to hear a forum-Attorney or IV-core�s interpretation.
I support finding the fact...
Following two concerns were raised but the answers should satisfy....
1) Spouse may not get EAD/AP?
The document clearly states that if the primary's priority date is current then the primary can file I-485 and the spouse can file I-485 as dependent.
Once spouse files his/her I-485 he/she becomes eligible for EAD/AP and there are no restrictions on what and where the spouse can work on EAD/AP.
The document only says that the visa must be used from family quota and not from employment quota.
How does it then matter whether the spouse gets green card even after 10 years if he/she can work anywhere, any occupation and full time/part time?
2) Spouse may get GC long after?
Look at it this way currently we have pool of 140K to share among primary and dependents. What if this pool becomes 200K (if we assume 60K from family quota for illustration purpose)? Which one will be faster. It has to be 200K pool.
In any case let the correct rules be followed.
Anyways, regardless EAD/AP or green card the derivate cant leave the country longer time. There will be no diff for her.
They have no strings attached EAD. Look at ours/primary? Can a programmer-EAD take up Project manager Job? Categorically No.
If the primary gets greencard earlier both (primary with GC, spouse with open-ead) can work/move any place they want.
Plus it is fair this way for some primary waiting in the queue and there is no law tying EBdependent with EBquota.
Again, I am waiting to hear a forum-Attorney or IV-core�s interpretation.
I support finding the fact...
Following two concerns were raised but the answers should satisfy....
1) Spouse may not get EAD/AP?
The document clearly states that if the primary's priority date is current then the primary can file I-485 and the spouse can file I-485 as dependent.
Once spouse files his/her I-485 he/she becomes eligible for EAD/AP and there are no restrictions on what and where the spouse can work on EAD/AP.
The document only says that the visa must be used from family quota and not from employment quota.
How does it then matter whether the spouse gets green card even after 10 years if he/she can work anywhere, any occupation and full time/part time?
2) Spouse may get GC long after?
Look at it this way currently we have pool of 140K to share among primary and dependents. What if this pool becomes 200K (if we assume 60K from family quota for illustration purpose)? Which one will be faster. It has to be 200K pool.
In any case let the correct rules be followed.
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manja
02-01 08:56 PM
Contributed $50.
Thanks.
Thanks.
more...

good idea
09-23 04:29 PM
"EB-2 India. This category is expected to remain unchanged or to move very slowly forward (by a week or so) in the short-term. This is mainly caused by the fact that many EB-3 India applicants (there are approximately 60,000 EB-3 India pending cases) are �porting� their priority dates into the EB-2 India category and are thus taking visa numbers.
EB2 India is slowwly becoming EB3 as thousands are porting from EB3 to EB2. Some of them are really worthy of EB2 and some of them are fradulent.
EB2 India applicants should wake up from their celebratio of a few months leap and get ready for slow movement or retro.
Guys wake up and fight to make the porting rules veryu strong if not stop porting. The rule should be if I140 for porting is denied then the applicatnt should loose his/her initial EB3 priority date also as he /she has indicated that he/she is no longer working in the position as described in EB3 labor. This will make sure that fradulent applicants cannot port from EB3 to EB2.
P.S: I know I will get thousands of REDs. I do not care... EB2 I guys wake up.. Time is running out.. EB2 I will very quickly become same as EB3I.
I am surprised that you have tool to predict some of EB3 people porting to EB2 are fraudulent. Can you share the criteria for this allegation?
EB2 India is slowwly becoming EB3 as thousands are porting from EB3 to EB2. Some of them are really worthy of EB2 and some of them are fradulent.
EB2 India applicants should wake up from their celebratio of a few months leap and get ready for slow movement or retro.
Guys wake up and fight to make the porting rules veryu strong if not stop porting. The rule should be if I140 for porting is denied then the applicatnt should loose his/her initial EB3 priority date also as he /she has indicated that he/she is no longer working in the position as described in EB3 labor. This will make sure that fradulent applicants cannot port from EB3 to EB2.
P.S: I know I will get thousands of REDs. I do not care... EB2 I guys wake up.. Time is running out.. EB2 I will very quickly become same as EB3I.
I am surprised that you have tool to predict some of EB3 people porting to EB2 are fraudulent. Can you share the criteria for this allegation?

TheOmbudsman
06-21 11:49 PM
I know where you coming from.
Many in this forum including IV admins censored COMMUNIQUE a while back. Now people know COMMUNIQUE was right, because see CIR has no future. It is a waste of time and money invest in lobbying campaigns for pro amnesty bills.
Let's start our campaign for our own bill immediately. There is no motive to wait. We should pay lobbysts and ask them to approach lawmakers using the argument that legal immigrants need a relief without waiting for amnesty bills for illegal aliens.
Hey, Ghost,
Your posting is quite realistic. Miracle will not happen, regardless how much we want it. Sad but true.
The only (long but possible) way to achieve some results is massive attack of the media. Average American people should realize the problem of the legal immigrants and THEY should start pressing the lawmakers for resolution. In fact there is a very simple solution - every H1/L1 visa should be covered by a GC option, providing that the immigrant has covered all requirements. And the USCIS administration should be pushed to do their job. Now, cunningly, uncle Sam (I would better say the "Edited" people) allows white collar slaves to come to the US, but hides the GC when time comes.
To be honest, I really believe that in 10-15 years time this problem will not exist anymore. Reasons? Several: First, the main donoring countries of white collar slaves are in process of sharp development and soon this source of "blood transfusion" to US will start drying up. Second, with the aging baby-boomers the need of "blood transfusion" will increase. Third, the high flow of low qualified legal/illegal Latinos changes the fabric of the American society and turns it into a Latin-American country, with all negative consequences, so the need of high tech immigrant component will increase. There are more factors but these three are enough.
So, if we are patient, in 10-15 years time the USCIS administration will start sending invitation ads all over the world, inviting legals and we would become proud holders of GCs :-)
Yea-a-a, but I am not patient... And I am not keen to feed for decades the retired baby-boomers with my slave labor... Plan B...
Admin, you can delete/edit my post (as you sometimes do) but this will not change the reality. And the reality is that no one in this country gives a s..t about you and me. Sad but true :-)
Many in this forum including IV admins censored COMMUNIQUE a while back. Now people know COMMUNIQUE was right, because see CIR has no future. It is a waste of time and money invest in lobbying campaigns for pro amnesty bills.
Let's start our campaign for our own bill immediately. There is no motive to wait. We should pay lobbysts and ask them to approach lawmakers using the argument that legal immigrants need a relief without waiting for amnesty bills for illegal aliens.
Hey, Ghost,
Your posting is quite realistic. Miracle will not happen, regardless how much we want it. Sad but true.
The only (long but possible) way to achieve some results is massive attack of the media. Average American people should realize the problem of the legal immigrants and THEY should start pressing the lawmakers for resolution. In fact there is a very simple solution - every H1/L1 visa should be covered by a GC option, providing that the immigrant has covered all requirements. And the USCIS administration should be pushed to do their job. Now, cunningly, uncle Sam (I would better say the "Edited" people) allows white collar slaves to come to the US, but hides the GC when time comes.
To be honest, I really believe that in 10-15 years time this problem will not exist anymore. Reasons? Several: First, the main donoring countries of white collar slaves are in process of sharp development and soon this source of "blood transfusion" to US will start drying up. Second, with the aging baby-boomers the need of "blood transfusion" will increase. Third, the high flow of low qualified legal/illegal Latinos changes the fabric of the American society and turns it into a Latin-American country, with all negative consequences, so the need of high tech immigrant component will increase. There are more factors but these three are enough.
So, if we are patient, in 10-15 years time the USCIS administration will start sending invitation ads all over the world, inviting legals and we would become proud holders of GCs :-)
Yea-a-a, but I am not patient... And I am not keen to feed for decades the retired baby-boomers with my slave labor... Plan B...
Admin, you can delete/edit my post (as you sometimes do) but this will not change the reality. And the reality is that no one in this country gives a s..t about you and me. Sad but true :-)
more...

cjain
11-01 04:48 PM
manderson,
thanks, but i believe this is incorrect. Per the 2005 Aytes memo (http://www.peludcarson.com/2007/01/aytes_memo_on_a.html) it is clearly stated that person can change jobs after 180 days irrespective of whether I-140 is approved or not. The key phrase is that I-140 should've been "approvable when filed".
cjain, wait till it's approved becoz if ur employer withdraws the 140 before it's approved (even after 180 days) then ur 485 will get rejected. if employer doesn't withdraw and 140 gets approved after 180 days, at that point u will be safe to change employers but might get RFEs later on. So instead of taking a big risk wait till 140 is approved and 180 days are over before you leave employer.
thanks, but i believe this is incorrect. Per the 2005 Aytes memo (http://www.peludcarson.com/2007/01/aytes_memo_on_a.html) it is clearly stated that person can change jobs after 180 days irrespective of whether I-140 is approved or not. The key phrase is that I-140 should've been "approvable when filed".
cjain, wait till it's approved becoz if ur employer withdraws the 140 before it's approved (even after 180 days) then ur 485 will get rejected. if employer doesn't withdraw and 140 gets approved after 180 days, at that point u will be safe to change employers but might get RFEs later on. So instead of taking a big risk wait till 140 is approved and 180 days are over before you leave employer.
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Rajeev
02-09 05:06 PM
I will mail my $25 contribution tomorrow morning.
more...
gauravsh
09-10 10:13 AM
how to get mexican citizenship and come back here on TN visa?
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ub27
07-24 07:23 PM
Like poste din another thread, I called USCIS customer service today to speak about EAD application that has been pending for 60+ days. The Phone rep told that he cannot give me any information about any cases right now since their "system is down". I asked for clarificationand he said that cases are still being processed but the system used to view status is down. Not sure what that means.
Not sure if this will cause any more delays .............. I need EAD renewed by Sept since my current one expires then
Also anybody has any ideas on what "Plan B" might be if renewal is further delayed by sept?
Not sure if this will cause any more delays .............. I need EAD renewed by Sept since my current one expires then
Also anybody has any ideas on what "Plan B" might be if renewal is further delayed by sept?
more...

gimme_GC2006
07-05 01:01 PM
There is a website which is tracking all desi employers and their leelas
http://www.h1bmates.com
oh..btw, I am not related/concerned/affiliated to this website. I just found it by google search..
http://www.h1bmates.com
oh..btw, I am not related/concerned/affiliated to this website. I just found it by google search..
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xlr8r
05-27 07:22 PM
Done.
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reddog
05-08 03:28 PM
I'm so thrilled that this happened ... I actually expected this to happen ........ Not sure why they didnt simply make it U .... Hopefully will spur all the EB2 folks to do something rather than thinking that the problem is only for unfortunate EB3 filers :)
i hear you.
i hear you.
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jonty_11
12-15 12:30 PM
Not sure, if we should comment ....its abt illegals ...we may contact the Author to publish something abt us Legals also.
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at0474
03-26 11:39 AM
2007 June visa bulletin moved EB3 India to June 2003. The very next month, they made everything current. Things went out of control after that. For some reason, in my dreamland, I am fantacizing the first move to repeat again. May not make everything current, but atleast, move EB3 to june 2003.
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cnag
03-25 06:50 PM
My PD is Dec 2004. I am hoping in 2010.
Mine is Nov 2005... and I am not hoping. There is no point in hoping or fantasizing etc. Just forget it. :mad:
Mine is Nov 2005... and I am not hoping. There is no point in hoping or fantasizing etc. Just forget it. :mad:
more...
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GCBy3000
05-02 02:47 PM
Hm....
Then what is the real need of Eb2 and Eb1 if everything is going to flow to Eb3?
Technically under which conditions and criteria Eb1 and Eb2 would be applicable?
Then what is the real need of Eb2 and Eb1 if everything is going to flow to Eb3?
Technically under which conditions and criteria Eb1 and Eb2 would be applicable?
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desi3933
06-26 04:02 PM
" Why don't you sign unless it say until and after 1 year approval. You can leave employment after 6 months of filing I-485 and see what happens at that time, you have nothing to loose " - DSJ
I dont have a problem signing 1 yr agreement because my 140 will take at least another 8 months ( Feb 08) and by the time next years budget opens up for good new Jobs its already Mar 08.
But my concern is if my employer wants me to hang on with them till 485 is approved and then 1 more year
I meant "whole sentence from the employment agreement". All depends on the wordings. If your agreement is linked to I-485 approval date then there is a way out. Every contract must have well defined terms. Since date for I-485 approval is not known, such contracts are difficult to stand in court of law. However, if it says "the employee must work for 2 years or 6-months after I-485 approval date (whichever is earlier) otherwise he/she will pay all GC related expenses" then the contract is more likely to be enforceable.
All depends on the wordings of the contract.
Please consult a good lawyer BEFORE signing any contract.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
I dont have a problem signing 1 yr agreement because my 140 will take at least another 8 months ( Feb 08) and by the time next years budget opens up for good new Jobs its already Mar 08.
But my concern is if my employer wants me to hang on with them till 485 is approved and then 1 more year
I meant "whole sentence from the employment agreement". All depends on the wordings. If your agreement is linked to I-485 approval date then there is a way out. Every contract must have well defined terms. Since date for I-485 approval is not known, such contracts are difficult to stand in court of law. However, if it says "the employee must work for 2 years or 6-months after I-485 approval date (whichever is earlier) otherwise he/she will pay all GC related expenses" then the contract is more likely to be enforceable.
All depends on the wordings of the contract.
Please consult a good lawyer BEFORE signing any contract.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
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decipher
05-23 11:51 AM
mailed 2(CA)+20
trueguy
07-27 07:34 PM
Its unfortunate that you ask us to UNITE and use 'EB2 elitist protectionism' in the same breath. I am not even going down the road of EB3 'smarter' than EB2 because a reverse argument is equally valid if not more. The law as stated above is what it is - there is a clear categorizaton established by law. If there is a level of frustration with it then a campaign to change it makes sense. However any proposed changes that arbitrarily assigns visa numbers just because 'my HR filed it the way it got filed' then you need to check with your HR and port over to EB2 - if you think your private US degree qualifies you for it. The position determines EB2 or EB3 and I'll leave it at that.
I have no problems in people expressing their opinion in an open forum and lobbying for change. The devil is in the detail. If the change means taking the EB2 excess visas to give to EB3 purely based on length of wait then I have every right to present another point of view - elitist protectionism or not.
I have only seen implications to this effect but nobody has come forward and said it plainly - yes we are EB3 and we want the EB2 excess visas because we have waited seven years. Everybody seems to imply it but nobody wants to call it as plainly as I stated it above. I am only presenting a counter to that.
Seems like You are not waiting for GC for more than 8 years. You have not been separated from ur family for more than 3 years. Thats why you don't agree with EB3-I fight. Look at the PD for last 3 years. EB3-I is stuck in 2001 since early 2005. It has not moved in last 3 years and you are saying People should keep quiet about it. How selfish of you.
I have no problems in people expressing their opinion in an open forum and lobbying for change. The devil is in the detail. If the change means taking the EB2 excess visas to give to EB3 purely based on length of wait then I have every right to present another point of view - elitist protectionism or not.
I have only seen implications to this effect but nobody has come forward and said it plainly - yes we are EB3 and we want the EB2 excess visas because we have waited seven years. Everybody seems to imply it but nobody wants to call it as plainly as I stated it above. I am only presenting a counter to that.
Seems like You are not waiting for GC for more than 8 years. You have not been separated from ur family for more than 3 years. Thats why you don't agree with EB3-I fight. Look at the PD for last 3 years. EB3-I is stuck in 2001 since early 2005. It has not moved in last 3 years and you are saying People should keep quiet about it. How selfish of you.
gc_peshwa
11-17 03:37 PM
Done. For me all california legislators are heavily PRO-immigration. Its like convincing the "convinced"! Is there anything else you want us to do right now?
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