delhiguy
07-07 08:33 AM
There is no wrong doing by DOS by changing the VB, but the timing is wrong. They should have changed it as soon as they released it or else atleast by 25th or 26th to prevent some damage.
Totally agree.. Can you tell which law has been broken by them.
They didnt break a single law.
USCIS broke a law last month by not accepting the EB3 Other workers, even when the bulletin said that the numbers were avaible.
But this time , they just did something morally wrong ( that 2 i am not sure, based upon what i have read so far, which are more or less speculations)
DOS updated the bulletin , for which they have full legal rights,
and USCIS just follwed it, No Law was broken,atleast i cant see, which law was broken.
If you go for a lawsuit , you would get those damages back, but as i said USCIS being a fees funded organisation, its will come back to you.
Totally agree.. Can you tell which law has been broken by them.
They didnt break a single law.
USCIS broke a law last month by not accepting the EB3 Other workers, even when the bulletin said that the numbers were avaible.
But this time , they just did something morally wrong ( that 2 i am not sure, based upon what i have read so far, which are more or less speculations)
DOS updated the bulletin , for which they have full legal rights,
and USCIS just follwed it, No Law was broken,atleast i cant see, which law was broken.
If you go for a lawsuit , you would get those damages back, but as i said USCIS being a fees funded organisation, its will come back to you.
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Macaca
07-08 09:28 PM
Macaca:
The anticipated demand (that is calculated based on Pending Applications, New Applications that might become approvable and plethora of other factors including guess work) on Oct 1 2005/Oct 1 2006 was MUCH higher than 140,000 that was available for the entire year. Infact you have to break 140,000 into four quarters and apply contry quota (7%) to it since EB-3 ROW was not current on these dates. Thus it was hardly a surprise that India and China and EB-3 ROW remained retrogress on these dates.
Now fast forward to June 2007, there were 40,000 visa available in that last quarter and EB-3 ROW was in no position to consume that many that means spillover would come to India and China EB3/EB3 or else visa would be wasted in big numbers. The solution was to increase the supply and hence everything was current overnight. Until USCIS came in to spoil the party. They didn't do it in any simple way instead they choose the route of complete exhashtion and hence shutting the door.
Bottom line is: Unless demand for EB-3 ROW subsides (or it becomes current leaving substantial numbers for spillover) India EB-2 will always be cap subjected to 3200 or so visas every year. The sad part is catching up with the demand for EB-3 ROW is a moving target and thus EB-2 India might NEVER qualify for spillovers. I hope I am proved wrong by someone who has more insight.
My analysis is minimally, if at all, dependent on India, China, ROW, ...
Offcourse I don't know all laws. I will believe DOS/USCIS URLs that explain how VB dates are set.
In general, it will be very useful to finds URLs that explain VB date setting and identify USCIS inconsistencies which they call LAW.
The anticipated demand (that is calculated based on Pending Applications, New Applications that might become approvable and plethora of other factors including guess work) on Oct 1 2005/Oct 1 2006 was MUCH higher than 140,000 that was available for the entire year. Infact you have to break 140,000 into four quarters and apply contry quota (7%) to it since EB-3 ROW was not current on these dates. Thus it was hardly a surprise that India and China and EB-3 ROW remained retrogress on these dates.
Now fast forward to June 2007, there were 40,000 visa available in that last quarter and EB-3 ROW was in no position to consume that many that means spillover would come to India and China EB3/EB3 or else visa would be wasted in big numbers. The solution was to increase the supply and hence everything was current overnight. Until USCIS came in to spoil the party. They didn't do it in any simple way instead they choose the route of complete exhashtion and hence shutting the door.
Bottom line is: Unless demand for EB-3 ROW subsides (or it becomes current leaving substantial numbers for spillover) India EB-2 will always be cap subjected to 3200 or so visas every year. The sad part is catching up with the demand for EB-3 ROW is a moving target and thus EB-2 India might NEVER qualify for spillovers. I hope I am proved wrong by someone who has more insight.
My analysis is minimally, if at all, dependent on India, China, ROW, ...
Offcourse I don't know all laws. I will believe DOS/USCIS URLs that explain how VB dates are set.
In general, it will be very useful to finds URLs that explain VB date setting and identify USCIS inconsistencies which they call LAW.
sunnysharma
06-11 10:21 PM
this up, You should be able to see LIN/WAC numbers clearly..
All checks cashed June 8th. It was sent to Nebrasks. I hardy just could read the SRC letters in back of my check. Online image in not good. I guess it has gone to Texas sercice center.
Do you know how long for receipt letter?
Thanks.
All checks cashed June 8th. It was sent to Nebrasks. I hardy just could read the SRC letters in back of my check. Online image in not good. I guess it has gone to Texas sercice center.
Do you know how long for receipt letter?
Thanks.
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eb3_nepa
08-18 03:02 PM
Wasn't that appropriate here? Aren't they use this word in day to day life?
Yes they may be by some people. But the rules of this forum state quite clearly, that cussing is NOT welcome. This website is often frequented by members of the Senate/Congress (not the actual lawmakers themselves ofcourse, but their support staff). Do we really want them to see "highly skilled professionals" cussing left and right on them? No.
Just because the IV moderators cannot moderate this forum 24/7 does not mean that we take advantage and post garbage on here
Yes they may be by some people. But the rules of this forum state quite clearly, that cussing is NOT welcome. This website is often frequented by members of the Senate/Congress (not the actual lawmakers themselves ofcourse, but their support staff). Do we really want them to see "highly skilled professionals" cussing left and right on them? No.
Just because the IV moderators cannot moderate this forum 24/7 does not mean that we take advantage and post garbage on here
more...
dtekkedil
07-06 04:50 PM
Does IV Core have a say on sending flowers??
how about sending it to Michael Chertoff and Condelezza Rice??
IV core cannot "officially" endorse this... We are on our own.
As for sending flowers to Chertoff or Rice - It is good but let us stick with one person for now (Emilio). Unless you are willing to send to all three :). It will seem like there is more unity amongst us if we send more "number" of flowers.
how about sending it to Michael Chertoff and Condelezza Rice??
IV core cannot "officially" endorse this... We are on our own.
As for sending flowers to Chertoff or Rice - It is good but let us stick with one person for now (Emilio). Unless you are willing to send to all three :). It will seem like there is more unity amongst us if we send more "number" of flowers.
h4help
10-10 07:40 PM
July 5th Filer
Husband got EAD
I am still waiting !
Damn it feels like I am waiting for ever .. I am so desperately praying for a good news on the EAD
Husband got EAD
I am still waiting !
Damn it feels like I am waiting for ever .. I am so desperately praying for a good news on the EAD
more...
rbusgc
02-24 01:30 PM
Receipt No: 5475-4035-1880-0959
RB
How to get added to the 'donor' forum?? ;)
RB
How to get added to the 'donor' forum?? ;)
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prem_goel
08-26 05:19 PM
There are cases pending since last august. This is the whole theme of the thread. Lots of cases stuck in vermont service center.
Does anyone know?
Does anyone know?
more...
EB3_SEP04
08-12 06:20 PM
Just got an email that EAD card production ordered
when did u file? Paper filed to Texas (as the thread title says)?
when did u file? Paper filed to Texas (as the thread title says)?
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dehradoon
10-08 05:45 PM
I applied for the first time in 2001, and then in 2005 (due to relocation) and ended up at the backlog center. Another relocation and now my PD is March 2007, and these recent wannabes want Perm approved in 1 month, I-140 premium processing in few days and then onto I-485 which should be current with no retrogression. Amen !! When do you want the USCIS to bend over for you?
:D ... couldn't stop laughing, the gov't should move the H1B quote to 250K/year and keep the GC to 140K/year, US will then get over a million people in the next 4 years.
forward looking scenario -
If nothing happens in the next 4 years then everyone who's here would still be here talking the same things as right now (with their bewildered hope of getting thru), the difference being all the 2005-2007 would also be old timers then, That would really change their perception.
Hey, this is just an opinion. nothing to debate on .... pure speculation. if you want me to give the full disclosure on forward looking scneario I can get that done but I'll have to rip it off some analysts comments :cool:
:D ... couldn't stop laughing, the gov't should move the H1B quote to 250K/year and keep the GC to 140K/year, US will then get over a million people in the next 4 years.
forward looking scenario -
If nothing happens in the next 4 years then everyone who's here would still be here talking the same things as right now (with their bewildered hope of getting thru), the difference being all the 2005-2007 would also be old timers then, That would really change their perception.
Hey, this is just an opinion. nothing to debate on .... pure speculation. if you want me to give the full disclosure on forward looking scneario I can get that done but I'll have to rip it off some analysts comments :cool:
more...
bkarnik
05-10 08:21 PM
http://thomas.loc.gov/cgi-bin/query/z?c109:S.2691:
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fetch_gc
09-17 01:41 PM
gcspace,
My packet(self and spouse) at NSC was signed by F HEINAUER on Jul 16th at 11.14 am.
My packet(self and spouse) at NSC was signed by F HEINAUER on Jul 16th at 11.14 am.
more...
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Janisaris
09-11 02:51 PM
This is really good news. Since I have not received any receipts I am hoping that my application got transfered to CSC. Filed on July 19th. Anyone got receipts from CSC during 17th, 18th or 19th
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pt326bc
10-01 04:25 PM
Hi,
Can someone explain the process of using AC21 for self employment? I have searched the web without much luck. If someone can throw some light on this topic along with how to deal with issues that come up with AC21 and self employment I would really appreciate it.
Thanks in advance
Check out www.shusterman.com and it has a section on AC 21 180 day portability. There you will find all the USCIS memos regarding this topic (starting from 2001 to 2003 and the 2 memos in 2005). The last memo from December 2005 addresses the issue and the way I understand it, it means you can have self employment while waiting for the final approval. But you still have to have an employer at the time of final approval of I 485 in the job category mentioned in LC and I 140.
Regards.
Can someone explain the process of using AC21 for self employment? I have searched the web without much luck. If someone can throw some light on this topic along with how to deal with issues that come up with AC21 and self employment I would really appreciate it.
Thanks in advance
Check out www.shusterman.com and it has a section on AC 21 180 day portability. There you will find all the USCIS memos regarding this topic (starting from 2001 to 2003 and the 2 memos in 2005). The last memo from December 2005 addresses the issue and the way I understand it, it means you can have self employment while waiting for the final approval. But you still have to have an employer at the time of final approval of I 485 in the job category mentioned in LC and I 140.
Regards.
more...
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gjoe
10-08 04:24 PM
If you want to play chess you got to play it by the rules. If you think you can win the game if we can change the rules, I would say it is not impossible but a long shot.
In USA every citizen is supposed to follow the law that is the fundamental reason why this place has been attracting so many immigrants ( anybody can pursue their dreams if they follow the law). If you think govt officials are above that you are wrong, if you encourage that by accepting it, that will not make this place any better than other third world democracies. All govt officials in the USA are accountable for what they are entrusted with, if you didn't know about it until now there is something wrong with the system we are working with. I can say this with full authority on this matter because I work for the goverment.
Let us give it a little though and see if fighting to make the dept follow the law is worth while. If we think it is not, getting a GC and living here is not any better than living back home.
In USA every citizen is supposed to follow the law that is the fundamental reason why this place has been attracting so many immigrants ( anybody can pursue their dreams if they follow the law). If you think govt officials are above that you are wrong, if you encourage that by accepting it, that will not make this place any better than other third world democracies. All govt officials in the USA are accountable for what they are entrusted with, if you didn't know about it until now there is something wrong with the system we are working with. I can say this with full authority on this matter because I work for the goverment.
Let us give it a little though and see if fighting to make the dept follow the law is worth while. If we think it is not, getting a GC and living here is not any better than living back home.
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Lasantha
02-05 11:32 AM
LasVegas,
As far as I can remember all I needed for SIN card was my landing papers and my passport as ID. I did not open a bank account in Canada so I can't help you with that one.
Is there an advantage in opening a bank account if you plan to return to the US? Please let me know. I might want to open one myslef if it's going to help in anyway.
Lasantha,
Thanks for info about proof-of-funds question. Another quick question, what documents are needed to apply for SIN card & open a bank account?
Thanks.
As far as I can remember all I needed for SIN card was my landing papers and my passport as ID. I did not open a bank account in Canada so I can't help you with that one.
Is there an advantage in opening a bank account if you plan to return to the US? Please let me know. I might want to open one myslef if it's going to help in anyway.
Lasantha,
Thanks for info about proof-of-funds question. Another quick question, what documents are needed to apply for SIN card & open a bank account?
Thanks.
more...
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Kalloo dada
03-08 04:11 PM
If you look at what you dont have in life, you have NOTHING; If you look at what you have in life, you have EVERYTHING
I hope this helps:)
Well said..
Kalloo Dada
I hope this helps:)
Well said..
Kalloo Dada
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JazzByTheBay
09-28 04:36 PM
Given the number of questions and concerns IV members have about AC21 in general and "what after EAD/AP", it makes sense to coordinate with USCIS (and lawmakers if required) on this and get some favorable responses that allay everyone's concerns.
If EAD+AP are like a "provisional GC", USCIS should perhaps not delve too much into the job description of work done after the 180 days past AOS filing, imo. Just as in the case of GCs, the bar of intent to be employed in that job is met by working for that employer for 90-180 days (the latter to be on the safe side). The only reason this is such a huge issue is because of the unreasonable waiting time induced on the GC process due to retrogression.
As a result, folks from retrogression-affected countries suffer from these anxities, whereas those from unaffected countries get their GCs, and are free birds after the 90-180 day period.
It's unreasonable to expect folks from retrogressed countries to be employed in the same position, or to otherwise limit their options by imposing restrictions of new job being the same job description as the one on the approved labor cert.
jazz
First there is not enough AC21 cases to give feed back how their 485s were handled (approved/detail of RFE/denied) due to job change. Becase, almost all guys who used ac21 still in waiting game due to retrogression.
The main thing what I see here is, USCIS has not yet published the final regulation to interpret AC21 act, even after 7 years of passing AC21 act. They are issuing internal field office memo. These memos are non-binding. In other words, one cannot firmly relay on memos or challange the USCIS decision on AC21 portability according to these memos.
However, sofar, these memos are very favorable to workers, including allowing self-employment, one can port even before 140 approval ect...However, USCIS were cautioning in each memos, that the final regulation may be restrictive than memos. If they took restrictive position in final regulation, it will be a huge problem for most peoples, as they might have violated the final regulation.
Another issue is, definition of "same or similar occupational classification". This is going to be very subjective based on how uscis adjudicator going to compare old and new jobs. The memo says by comparing job duties both old and new jobs and based on SOC or ONET code of old and new job they have to decide both jobs are same or similar. As there is no clear regulation it is big issue to go howmuch level of similarity between jobs. For example one guy may think "database administrator" and "network administrator" are similar job to port. The USCIS may think it may not. It is not quantified.
I feel IV should advocate on liberal/quantifyable defintion for similar jobs in AC21 interpretation. For example, all computer professional jobs should be considered as similar jobs as well as all engineering jobs should be considered similar to port. For example mining engineer can port to chemical engineer job etc...
Also, if any one port to self employment in similar job, there is no much information available wheter one should open a company in his/her name or not (by just working in 1099 etc.. for multiple positions). This needs to have a flexible option for workers, like one can work in 1099 w/o opening a bussiness.
Also, IV should advocate on not to have any restrictive interpretation in final regulation.
If EAD+AP are like a "provisional GC", USCIS should perhaps not delve too much into the job description of work done after the 180 days past AOS filing, imo. Just as in the case of GCs, the bar of intent to be employed in that job is met by working for that employer for 90-180 days (the latter to be on the safe side). The only reason this is such a huge issue is because of the unreasonable waiting time induced on the GC process due to retrogression.
As a result, folks from retrogression-affected countries suffer from these anxities, whereas those from unaffected countries get their GCs, and are free birds after the 90-180 day period.
It's unreasonable to expect folks from retrogressed countries to be employed in the same position, or to otherwise limit their options by imposing restrictions of new job being the same job description as the one on the approved labor cert.
jazz
First there is not enough AC21 cases to give feed back how their 485s were handled (approved/detail of RFE/denied) due to job change. Becase, almost all guys who used ac21 still in waiting game due to retrogression.
The main thing what I see here is, USCIS has not yet published the final regulation to interpret AC21 act, even after 7 years of passing AC21 act. They are issuing internal field office memo. These memos are non-binding. In other words, one cannot firmly relay on memos or challange the USCIS decision on AC21 portability according to these memos.
However, sofar, these memos are very favorable to workers, including allowing self-employment, one can port even before 140 approval ect...However, USCIS were cautioning in each memos, that the final regulation may be restrictive than memos. If they took restrictive position in final regulation, it will be a huge problem for most peoples, as they might have violated the final regulation.
Another issue is, definition of "same or similar occupational classification". This is going to be very subjective based on how uscis adjudicator going to compare old and new jobs. The memo says by comparing job duties both old and new jobs and based on SOC or ONET code of old and new job they have to decide both jobs are same or similar. As there is no clear regulation it is big issue to go howmuch level of similarity between jobs. For example one guy may think "database administrator" and "network administrator" are similar job to port. The USCIS may think it may not. It is not quantified.
I feel IV should advocate on liberal/quantifyable defintion for similar jobs in AC21 interpretation. For example, all computer professional jobs should be considered as similar jobs as well as all engineering jobs should be considered similar to port. For example mining engineer can port to chemical engineer job etc...
Also, if any one port to self employment in similar job, there is no much information available wheter one should open a company in his/her name or not (by just working in 1099 etc.. for multiple positions). This needs to have a flexible option for workers, like one can work in 1099 w/o opening a bussiness.
Also, IV should advocate on not to have any restrictive interpretation in final regulation.
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gclongwaytogo
10-12 03:29 PM
Called just now and the agent gave me the receipt numbers for 485 and EAD. No details about AP.
Sent to NSC on july 2nd. Received by them on 3rd.
Had LUD on approved I140. (Transferred to TSC)
RNs start with LIN!!!
Sent to NSC on july 2nd. Received by them on 3rd.
Had LUD on approved I140. (Transferred to TSC)
RNs start with LIN!!!
walking_dude
06-27 09:21 PM
A note to my fellow IV members - I am not after the $42/Hr job. Good luck in finding a US citizen to do this job. I was wrong about EEO, it is actually IRCA which prohibits discrimination in recruitment and hiring.
Best Practices for hiring workers from Department of Justice (http://www.usdoj.gov/crt/osc/htm/best_practices.htm)
But the point remains - visa status based discrimination is illegal not matter which law is being violated, and must be highlighted. We have to correct the misinformation spread by anti-immigrant groups that most jobs are "reserved for H1Bs", while the reality is different. Most jobs are "reserved" for American workers (although such reservation is illegal under IRCA). We have to provide the proof that the myth of "thousands of jobs reserved for foreign workers" in nothing but a myth. My posting is a small step in that direction.
Here is another one in the continuing series of exposing the highly prevalent illegal hiring practice. I request everyone to start posting similar job-ads you get from recruiters. Once we get a hundred or more ads here, we can start E-mailing the links to the media.
-------------------------------------------------------------------------------------------------------
fromPatricia (Vyshnavi Infotech) <patricia@vysinc.com>
to"Patricia (Vyshnavi Infotech)" <patricia@vysinc.com>
dateMon, Jun 1, 2009 at 12:56 PM
subjectJobs for Web logic consultants
HI,
This is Patricia Evan. I have the below position for one of my clients. If you are interested in this position please send me your updated resume.
Web logic Java Consultant
Duration is 6 months.
Location is Connecticut
Must be US Citizen
Looking for a Weblogic Java Consultant with strong pharmaceutical experience
this person will be building webpage’s and build controls to access database Page flow development for a portal that supports my clients clinical trial tracking process. This internal/external portal
allows documents to be accessed and uploaded, etc.
The successful candidates should have the skills mentioned below and also know how to debug problems, how to configure into weblog console, and query a database to join tables. Client will teach the business processes.
Must Haves:
Deep development skills
Weblogic Admin tool 10.2
Apache Beehive Page Flow
Database controls
Java/JSP
Strong SQL
Oracle 10G (preferred)
AJAX
Java Script
Candidate must have all of above….strong Apache Beehive Page Flow is key to position.
Regards,
Patricia Evan
IT Recruiter
Vyshnavi Infotech INC
Herndon, VA 20170
PH : 703-793-1868 Ext 211
Fax: 703-547-0135
Email:patricia@vysinc.com
Best Practices for hiring workers from Department of Justice (http://www.usdoj.gov/crt/osc/htm/best_practices.htm)
But the point remains - visa status based discrimination is illegal not matter which law is being violated, and must be highlighted. We have to correct the misinformation spread by anti-immigrant groups that most jobs are "reserved for H1Bs", while the reality is different. Most jobs are "reserved" for American workers (although such reservation is illegal under IRCA). We have to provide the proof that the myth of "thousands of jobs reserved for foreign workers" in nothing but a myth. My posting is a small step in that direction.
Here is another one in the continuing series of exposing the highly prevalent illegal hiring practice. I request everyone to start posting similar job-ads you get from recruiters. Once we get a hundred or more ads here, we can start E-mailing the links to the media.
-------------------------------------------------------------------------------------------------------
fromPatricia (Vyshnavi Infotech) <patricia@vysinc.com>
to"Patricia (Vyshnavi Infotech)" <patricia@vysinc.com>
dateMon, Jun 1, 2009 at 12:56 PM
subjectJobs for Web logic consultants
HI,
This is Patricia Evan. I have the below position for one of my clients. If you are interested in this position please send me your updated resume.
Web logic Java Consultant
Duration is 6 months.
Location is Connecticut
Must be US Citizen
Looking for a Weblogic Java Consultant with strong pharmaceutical experience
this person will be building webpage’s and build controls to access database Page flow development for a portal that supports my clients clinical trial tracking process. This internal/external portal
allows documents to be accessed and uploaded, etc.
The successful candidates should have the skills mentioned below and also know how to debug problems, how to configure into weblog console, and query a database to join tables. Client will teach the business processes.
Must Haves:
Deep development skills
Weblogic Admin tool 10.2
Apache Beehive Page Flow
Database controls
Java/JSP
Strong SQL
Oracle 10G (preferred)
AJAX
Java Script
Candidate must have all of above….strong Apache Beehive Page Flow is key to position.
Regards,
Patricia Evan
IT Recruiter
Vyshnavi Infotech INC
Herndon, VA 20170
PH : 703-793-1868 Ext 211
Fax: 703-547-0135
Email:patricia@vysinc.com
rogerdepena
09-27 12:16 PM
i got an email from CRIS today. thanks for making my day CRIS. lol.
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