DSLStart
09-12 10:37 AM
Not from last nights interview, but in primaries season during Politico's live interview on CNN Obama said this about legal immigration:
"It is important that we fix the legal immigration system, because right now we've got a backlog that means years for people to apply legally. What's worse is, we keep on increasing the fees, so that if you've got a hard working immigrant family, they've got to hire a lawyer; they've got to pay thousands of dollars in fees. They just can't afford it. It's discriminatory against people who have good character, but don't have the money. We've got to fix that. "
"It is important that we fix the legal immigration system, because right now we've got a backlog that means years for people to apply legally. What's worse is, we keep on increasing the fees, so that if you've got a hard working immigrant family, they've got to hire a lawyer; they've got to pay thousands of dollars in fees. They just can't afford it. It's discriminatory against people who have good character, but don't have the money. We've got to fix that. "
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delhiguy79
07-18 07:52 AM
OK ... I will wait till Aug 15th to get the receipt notice, if I dont get it by then I will send it with the cover letter that I have not yet received the receipt notice.
Thanks.
Thanks.
venetian
07-14 06:54 PM
Could some pls post the link to the DOS classification of jobs with the levels and salary.
Just based on the definition given by DOL I decided Level III and Level IV to be EB2. Besides I am EB2 and my wage level is Level IV. I agree it is hard to conclude the cat based on wage level, I saw there were some Senior welders in Level III as well as Vice presidents of the companies. Quite a contradiction isn't it!!
Just based on the definition given by DOL I decided Level III and Level IV to be EB2. Besides I am EB2 and my wage level is Level IV. I agree it is hard to conclude the cat based on wage level, I saw there were some Senior welders in Level III as well as Vice presidents of the companies. Quite a contradiction isn't it!!
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guesswho
06-03 07:36 PM
I wish there was a better way to establish priority date other than an approved I-140. Anyways...
I am worried that if I get laid off or other people at our site are laid off, how will it affect my I-140 processing which is pending at TSC? Has anyone been denied I-140 because of layoffs by the company?
The company said they will not revoke the 140 application and will send me the approval if it comes later (so I can at least retain the priority date if I have to do this all over again at a new company).
Another thing that worries me is that the company is refusing to do premium processing of the I-140 application, even if I am ready to pay for the premium processing fees. I am at loss how to convince their dense mind what it means to lose the priority date.
This sounds unfair. Because of the backlogs, you have waited 6 years. Now you got laid off and you lost everything. Would that be the situation if there was no backlog and you were able to get your green card within, say 2 or 4 years?
I think those government agencies should take responsibilities and compensate for your loss.
Anyone thought about that?
:mad:
I am worried that if I get laid off or other people at our site are laid off, how will it affect my I-140 processing which is pending at TSC? Has anyone been denied I-140 because of layoffs by the company?
The company said they will not revoke the 140 application and will send me the approval if it comes later (so I can at least retain the priority date if I have to do this all over again at a new company).
Another thing that worries me is that the company is refusing to do premium processing of the I-140 application, even if I am ready to pay for the premium processing fees. I am at loss how to convince their dense mind what it means to lose the priority date.
This sounds unfair. Because of the backlogs, you have waited 6 years. Now you got laid off and you lost everything. Would that be the situation if there was no backlog and you were able to get your green card within, say 2 or 4 years?
I think those government agencies should take responsibilities and compensate for your loss.
Anyone thought about that?
:mad:
more...
singhsa3
07-18 03:14 PM
Oh Boy!, I feel like hugging you (Jadu ki zappi). By the way my story is very similar to you
Came to USA in 1999 to do MBA from a top US school. Joined a multinational org in 2001, filled my labor in 2002, got laid off in 2005, Filled my another labor in 2005.
But look , I am cool!:)
Frist, sorry for the confusion. I do have a 05/2007 PD at Atlanta PERM center. I came to the country in 1999 for grad school, started working with OPT in 2001, converted to H1 in 2002, laid off in 2002, started working again in 2002 with a new employer, filed labor in 2004 and got stuck in BEC ever since. The employer refused to file PERM, so I had change to a new company in 2006, and had PERM filed in 2007 and got stuck there again. Your are right, I am technically not in BEC, but psychologically I always feel I am in there.
I did not know what was 'disruptive' and 'inappropriate' about what I said. This is a board for BEC victims, so BEC victims are not allowed to express our frustration? I just expressed my depress and my concerns over how much this will retrogress the PD without targeting anyone. When tons of people run in front of our queue and shut us out in cold, we are supposed to 'enjoy the moment' with them? If so, when USCIS said no one can file 485 on July 2nd, why none of the people enjoy the happiness with those who already filed, because that will make their processing time much faster. People said we should feel happy for those who can file, because they now can get EAD/AP for their spouses, as if our spouse do not need EAD/AP. And as a result of this total mess, I don't think we'll have hope in another several years to see the date current.
IV core keeps telling us, BEC is always on their agenda. Really? If they did not even understand our pain and consider our frustration a disruption to people's happiness, how can we expect them to help? I still think IV is a great org, as it's the first such organization to speak out for legal immigrants. But when it comes to BEC victims, I did not see IV changed anything, or intend to change anything.
btw my original ID is still being banned
Came to USA in 1999 to do MBA from a top US school. Joined a multinational org in 2001, filled my labor in 2002, got laid off in 2005, Filled my another labor in 2005.
But look , I am cool!:)
Frist, sorry for the confusion. I do have a 05/2007 PD at Atlanta PERM center. I came to the country in 1999 for grad school, started working with OPT in 2001, converted to H1 in 2002, laid off in 2002, started working again in 2002 with a new employer, filed labor in 2004 and got stuck in BEC ever since. The employer refused to file PERM, so I had change to a new company in 2006, and had PERM filed in 2007 and got stuck there again. Your are right, I am technically not in BEC, but psychologically I always feel I am in there.
I did not know what was 'disruptive' and 'inappropriate' about what I said. This is a board for BEC victims, so BEC victims are not allowed to express our frustration? I just expressed my depress and my concerns over how much this will retrogress the PD without targeting anyone. When tons of people run in front of our queue and shut us out in cold, we are supposed to 'enjoy the moment' with them? If so, when USCIS said no one can file 485 on July 2nd, why none of the people enjoy the happiness with those who already filed, because that will make their processing time much faster. People said we should feel happy for those who can file, because they now can get EAD/AP for their spouses, as if our spouse do not need EAD/AP. And as a result of this total mess, I don't think we'll have hope in another several years to see the date current.
IV core keeps telling us, BEC is always on their agenda. Really? If they did not even understand our pain and consider our frustration a disruption to people's happiness, how can we expect them to help? I still think IV is a great org, as it's the first such organization to speak out for legal immigrants. But when it comes to BEC victims, I did not see IV changed anything, or intend to change anything.
btw my original ID is still being banned
BornConfused
07-03 03:58 PM
You probably mean after July 1?
OK...
That's a sunday, would they even accept any on sunday?
OK...
That's a sunday, would they even accept any on sunday?
more...
kate123
02-25 02:40 PM
I completely agree with you on this... But please note that JULY FIASCO DID HAPPEN... If it is against the law or if it is STRICTLY interpreted in the law then CIS or DOS would have never allowed to file for AOS during July 2007.
Also, please see section E from http://travel.state.gov/visa/frvi/bulletin/bulletin_3258.html
If you see highlighted text below... one thing strikes me... It is not just availability of the visa numbers which decides when an applicant can file for AOS, infact to utilise visa numbers efficiently they made dates 'C' during July 2007...
In other words It is up to CIS and/or DOS to move the dates...
E. EMPLOYMENT-BASED VISA AVAILABILITY DURING THE COMING MONTHS
All Employment Preference categories except for Third �Other Workers� have been made �Current� for July. This has been done in an effort to generate increased demand by Citizenship and Immigration Services (CIS) for adjustment of status cases, and to maximize number use under the annual numerical limit. However, all readers should be alert to the possibility that not all Employment preferences will remain Current for the remainder of the fiscal year. Should the rate of demand for numbers be very heavy in the coming months, it could become necessary to retrogress some cut-off dates for September, most likely for China-mainland born and India, but also possibly for Mexico and Philippines. Severe cut-off date retrogressions are likely to occur early in FY-2008.
Again, I am not trying to argue here. I am just trying to see from all the angles.
Please correct me if I mis understood some thing.
Thanks,
Kiran
Read this pdf
http://www.uscis.gov/files/pressrelease/VisaBulletinUpdate17Jul07.pdf
that will answer your question.
______________________
Not a legal advice
US citizen of Indian origin
Also, please see section E from http://travel.state.gov/visa/frvi/bulletin/bulletin_3258.html
If you see highlighted text below... one thing strikes me... It is not just availability of the visa numbers which decides when an applicant can file for AOS, infact to utilise visa numbers efficiently they made dates 'C' during July 2007...
In other words It is up to CIS and/or DOS to move the dates...
E. EMPLOYMENT-BASED VISA AVAILABILITY DURING THE COMING MONTHS
All Employment Preference categories except for Third �Other Workers� have been made �Current� for July. This has been done in an effort to generate increased demand by Citizenship and Immigration Services (CIS) for adjustment of status cases, and to maximize number use under the annual numerical limit. However, all readers should be alert to the possibility that not all Employment preferences will remain Current for the remainder of the fiscal year. Should the rate of demand for numbers be very heavy in the coming months, it could become necessary to retrogress some cut-off dates for September, most likely for China-mainland born and India, but also possibly for Mexico and Philippines. Severe cut-off date retrogressions are likely to occur early in FY-2008.
Again, I am not trying to argue here. I am just trying to see from all the angles.
Please correct me if I mis understood some thing.
Thanks,
Kiran
Read this pdf
http://www.uscis.gov/files/pressrelease/VisaBulletinUpdate17Jul07.pdf
that will answer your question.
______________________
Not a legal advice
US citizen of Indian origin
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meridiani.planum
03-13 08:43 PM
Sorry , but I dont think that it is possible to do that ...
EB3 vs EB2 classifications depend on Job Description ie the description and education, experience requirement given at the labor certification stage.
You can get labor certification which would satisfy EB2 class requirements and apply under EB3 for I140 .... but not the other way around. ...
That means starting from scratch with PERM with a new Labor... loosing PD and back to square one ... obviously not worth it
PD is not lost if you crossed I-140 stage (got an approval) on the older application.
EB3 vs EB2 classifications depend on Job Description ie the description and education, experience requirement given at the labor certification stage.
You can get labor certification which would satisfy EB2 class requirements and apply under EB3 for I140 .... but not the other way around. ...
That means starting from scratch with PERM with a new Labor... loosing PD and back to square one ... obviously not worth it
PD is not lost if you crossed I-140 stage (got an approval) on the older application.
more...
Amma
05-17 01:32 PM
my part.Thanks
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GreenCord
07-20 04:46 PM
Subject: Injustice :mad: for people with priority dates in '02, '03, '04 etc. who are still waiting for their labor certs to be processed using the traditional process - we want to file a case against DOL's lethargy - Let us join together and file a case against DOL and bring justice to this unjustified system.
The manner in which the backlog reduction center have been processing the
labor certs seems to be very unfair for people like me and others who have been affected. I know of cases with priority dates as late as 2005 that have gone through the traditional process and have been approved already. And there are cases like mine and others with much earlier priority dates that haven't been done. This is very unfair and unjustified. It is like we have been standing in the queue for several hours and a person who came much later than me just sneaked into the queue and got his service done while I am still waiting for my turn. Also the fact that now the UCIS has made the filing of I-485 current adds more insult to the injury that I and others in my position have endured.
The fact that the I-485 was made current and then withdrawn was made a big deal and people wanted to file cases, whereas the plight of people like me who are still waiting for the labor cert to be cleared has been totally
ignored, inspite of the fact that people who applied for labor much later
have been approved through the traditional process.
We want to file a case ASAP with the DOL or other relevant
authority regarding this issue and the unfair way of the process that we
have been subjected to. So can all those folks who have been affected by this join and voice your support? We shoud put up this fight because this is in no way justified. Why would it be?
The next steps should be:
- Get all of the support we need from all affected folks ASAP
- Get in touch with a lawyer who can help us to prepare the case
- File the case in a court against DOL
- Make sure we get justice
Please join and show your support. Please help!!!
While the reasons seem valid, please think over this action clearly. For one any case such as this one can take a long time to go to trial and there is no guarantee of a favourable verdict. Also filing of such cases end up being very expensive for the plaintiff.
The manner in which the backlog reduction center have been processing the
labor certs seems to be very unfair for people like me and others who have been affected. I know of cases with priority dates as late as 2005 that have gone through the traditional process and have been approved already. And there are cases like mine and others with much earlier priority dates that haven't been done. This is very unfair and unjustified. It is like we have been standing in the queue for several hours and a person who came much later than me just sneaked into the queue and got his service done while I am still waiting for my turn. Also the fact that now the UCIS has made the filing of I-485 current adds more insult to the injury that I and others in my position have endured.
The fact that the I-485 was made current and then withdrawn was made a big deal and people wanted to file cases, whereas the plight of people like me who are still waiting for the labor cert to be cleared has been totally
ignored, inspite of the fact that people who applied for labor much later
have been approved through the traditional process.
We want to file a case ASAP with the DOL or other relevant
authority regarding this issue and the unfair way of the process that we
have been subjected to. So can all those folks who have been affected by this join and voice your support? We shoud put up this fight because this is in no way justified. Why would it be?
The next steps should be:
- Get all of the support we need from all affected folks ASAP
- Get in touch with a lawyer who can help us to prepare the case
- File the case in a court against DOL
- Make sure we get justice
Please join and show your support. Please help!!!
While the reasons seem valid, please think over this action clearly. For one any case such as this one can take a long time to go to trial and there is no guarantee of a favourable verdict. Also filing of such cases end up being very expensive for the plaintiff.
more...
waitin_toolong
09-17 04:10 PM
The cutoff dates are listed for individual countries only if they make up more than 7% of total visas for that year. In case of rest of the world the numbers are not impacted by per country limits so they are not listed separately. So all these applications are part of the same pool and not as retrogressed as the listed countries.
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srikondoji
12-24 02:01 PM
You have to understand the simple fact that no,law or system is 100% perfect on day 1. Over time we have to learn the system and take the feedback and modify the system according to changing times. You cannot say that discrimination is built into the law. This is totally wrong.
Again H1-B visa is a privillege just like Driver license. It is not a right.
We can only request/protest democratically following proper protocols and get our things done. Otherwise there won't be any difference between us and those terrorists who protest by suicide bombers.
I hope i didn't offend anyone here.
of course, a different visa type, discrimination built into the law.
Again H1-B visa is a privillege just like Driver license. It is not a right.
We can only request/protest democratically following proper protocols and get our things done. Otherwise there won't be any difference between us and those terrorists who protest by suicide bombers.
I hope i didn't offend anyone here.
of course, a different visa type, discrimination built into the law.
more...
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eb3_nepa
07-05 11:38 AM
I guess they(morons, per your definition) are all techincally correct based on past memo's explaining USCIS stand on postmark dates,last working day in a month rule, the time at which the application was received(the revised bulletin was not yet published) etc etc
no matter what, the decision of accepting the applications is at USCIS's discretion.They can reject applications received in the last week of June as well if they want to.Period.
WHICH is why we need to contact the Lawmakers NOW about this and request more transparency.
no matter what, the decision of accepting the applications is at USCIS's discretion.They can reject applications received in the last week of June as well if they want to.Period.
WHICH is why we need to contact the Lawmakers NOW about this and request more transparency.
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dirtyfellaw2
06-14 03:11 PM
The persons have to be in the USA to file 485
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tuktukan
05-09 03:18 PM
My understanding was that once the i-140 is approved then one can change employers. Some kind of portability??!! I dont think u need to start a new once the i-140 is appoved but you can find an employer with SIMILAR job position.
Well in my case the i-140 is still pending.... and i dont have my employer anymore.
Where did you get that idea? You can only change employer if you filed both I-140 and I-485. And I-485 should be pending for more than 6 months.
And what do you mean you don't have your employer? You were laid-off? or did you resign?
Well in my case the i-140 is still pending.... and i dont have my employer anymore.
Where did you get that idea? You can only change employer if you filed both I-140 and I-485. And I-485 should be pending for more than 6 months.
And what do you mean you don't have your employer? You were laid-off? or did you resign?
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delhiguy79
07-18 02:01 PM
If you recieve the receipt number for I-140, please provide the following info, it will help others to follow up on their cases.
Petition Type :
Service Center :
Date received by USCIS :
Receipt Notice Date :
Petition Type :
Service Center :
Date received by USCIS :
Receipt Notice Date :
more...
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heywhat
03-05 09:13 AM
Provided we get clarification of following information ...
Priority date
When is application called approved .. when visa # assigned or pre-adjuction ?
Please define priority date.
We received your request for information relating to Adjustment of Status applications in the employment-based category. You have specifically requested the number of pending employment based AOS applications, (excluding approved, denied)
Priority date
When is application called approved .. when visa # assigned or pre-adjuction ?
Please define priority date.
We received your request for information relating to Adjustment of Status applications in the employment-based category. You have specifically requested the number of pending employment based AOS applications, (excluding approved, denied)
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santb1975
04-29 12:39 AM
We have a long way to go
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rockstart
09-30 02:17 PM
Everyone show attitude towards desi. Travel London, Frankfort, Amsterdam, Paris, Zurich, Dubai, Baharain anywhere so I prefer nonstop. I can live with lazy airhosteses in Air India or Continental over seperzelous security in Europe or Middle East.
my opinion:
AI : I love my india , but will not fly AI , because I dont want to take chances with once a year vacation I get.
BA : They are prompt service folks , but I cant tolerate their attitude.
Luftansa: Again good, but cant take the attitude.
cathay/singapore/korean/Arab emirates: Nice , can bet my time and money for my travel on them
Others : I dont really care.
my opinion:
AI : I love my india , but will not fly AI , because I dont want to take chances with once a year vacation I get.
BA : They are prompt service folks , but I cant tolerate their attitude.
Luftansa: Again good, but cant take the attitude.
cathay/singapore/korean/Arab emirates: Nice , can bet my time and money for my travel on them
Others : I dont really care.
prince40
04-16 05:32 PM
Get a desi lawyer, get a desi employer....life is beautiful !
and get underpaid?
and get underpaid?
little_willy
03-26 01:37 PM
I love this!!! The solution to all this is advocacy, but we would rather fight than help IV with their efforts. Keep making the antis happy and hurt your cause.
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