go_getter007
12-17 12:33 PM
You may want to focus on (and be thankful for) what you have out of the following:
1. Good health (which we often take for granted)
2. US born kids (at least they are citizens, if that's important to you)
3. US education (a different experience for sure)
4. Good savings (all said and done, your bank balance is very important no matter where you stay in the world)
5. Good work experience (this is transferable and more or less ensures a decent future)
6. Loving/caring family/friends (who will always love you the same and couldn't care less about GC or citizenship)
This obviously is not a all-inclusive list. You may have your own things to add here. To me, having all these priceless gifts on the one hand and not having a GC on the other is clearly lopsided for you to be happy!
And after all, we are not "permanent" residents of anywhere, right? :) So, why attach more than necessary importance to a piece of paper during our prime time?
Cheers,
GG_007
Been in the US since 1998, have an EB-2 PD of 2001, have played by the rules all along. Still no GC... And, the dates are going back to 2000 from the new year.. I've lost hopes...
I'm pretty close to getting clinical depression because of this game played by USCIS, Labor Dept, FBI and my own bad luck.
SKILL bill, OMNIBUS, etc. comes and goes. IV does seem to be doing things to lobby for the community, but let's face one reality. Like a news article said, no one in congress or senate wants to touch immigration even with a long pole until 2009.
The US has been very good to me (other than the GC part), more than my home country (India) which is why I'm still here.
Have invested too much of time in this country to just pack up and go. Just curious if any of you feel this way? How do you handle such depressing feelings?
1. Good health (which we often take for granted)
2. US born kids (at least they are citizens, if that's important to you)
3. US education (a different experience for sure)
4. Good savings (all said and done, your bank balance is very important no matter where you stay in the world)
5. Good work experience (this is transferable and more or less ensures a decent future)
6. Loving/caring family/friends (who will always love you the same and couldn't care less about GC or citizenship)
This obviously is not a all-inclusive list. You may have your own things to add here. To me, having all these priceless gifts on the one hand and not having a GC on the other is clearly lopsided for you to be happy!
And after all, we are not "permanent" residents of anywhere, right? :) So, why attach more than necessary importance to a piece of paper during our prime time?
Cheers,
GG_007
Been in the US since 1998, have an EB-2 PD of 2001, have played by the rules all along. Still no GC... And, the dates are going back to 2000 from the new year.. I've lost hopes...
I'm pretty close to getting clinical depression because of this game played by USCIS, Labor Dept, FBI and my own bad luck.
SKILL bill, OMNIBUS, etc. comes and goes. IV does seem to be doing things to lobby for the community, but let's face one reality. Like a news article said, no one in congress or senate wants to touch immigration even with a long pole until 2009.
The US has been very good to me (other than the GC part), more than my home country (India) which is why I'm still here.
Have invested too much of time in this country to just pack up and go. Just curious if any of you feel this way? How do you handle such depressing feelings?
wallpaper In a pretty bedroom,
Eternal_Hope
09-10 12:16 AM
I feel that because of the preadjudication of July 07 applications, USCIS now has a better idea of the application backlog. They also know that usually at the end of the fiscal year they have EB-1 and ROW EB-2 visas left; they might have therefore decided to finish off the EB-2, 2004 cases, even if it means consuming more than the annually designated 3200 visas early in the fiscal year.
The reason for controlling Priority Dates month by month, is because USCIS does not (or did not) know how many people will become eligible to file I-485 if the dates move by a "X" amount. Once USCIS knows how many I-485 applications it already has in its backlog, Visa Bulletin becomes a mute point.
I suspect USCIS will quickly clear off EB-2, 2004 and will then make the dates "U". Then in early summer it will reevaluate how many visas have got consumed and will likely get consumed in the next few months of 2010, and at that point may move the dates further into 2005.
This is just my feeling...........I hope I am wrong, though, and the dates keep inching forward every month.
The reason for controlling Priority Dates month by month, is because USCIS does not (or did not) know how many people will become eligible to file I-485 if the dates move by a "X" amount. Once USCIS knows how many I-485 applications it already has in its backlog, Visa Bulletin becomes a mute point.
I suspect USCIS will quickly clear off EB-2, 2004 and will then make the dates "U". Then in early summer it will reevaluate how many visas have got consumed and will likely get consumed in the next few months of 2010, and at that point may move the dates further into 2005.
This is just my feeling...........I hope I am wrong, though, and the dates keep inching forward every month.
zeta7
04-11 10:48 PM
Yes, that's exactly what I'm interested in as well: Landed and returned using AP. A first hand account would be great, so far people have only pointed to indirect references, which I'm not saying is useless, but like I said, first hand details would be the best...
2011 wallpaper, that was pretty
desi3933
01-30 05:23 PM
You being US citizen or president of USA does not mean much to us! I have requested you to show me "so called 30 day rule" on any of the official web site (For example USCIS). I have asked you this several times. Every time You just direct us to some lawyer's web site/university web site and expect us to believe them.
Show me the information on official web site and I will shut up.
Since you asked -
Here is link from Department of Labor website. Read for yourself and I have included relevant quote.
Link (http://www.dol.gov/dol/allcfr/title_20/Part_655/20CFR655.731.htm)
(ii) Even if the H-1B nonimmigrant has not yet "entered into employment" with the employer (as described in paragraph (c)(6)(i) of this section), the employer that has had an LCA certified and an H-1B petition approved for the H-1B nonimmigrant shall pay the nonimmigrant the required wage beginning 30 days after the date the nonimmigrant first is admitted into the U.S. pursuant to the petition, or, if the nonimmigrant is present in the United States on the date of the approval of the petition, beginning 60 days after the date the nonimmigrant becomes eligible to work for the employer. For purposes of this latter requirement, the H-1B nonimmigrant is considered to be eligible to work for the employer upon the date of need set forth on the approved H-1B petition filed by the employer, or the date of adjustment of the nonimmigrant's status by INS, whichever is later.
____________________
Not a legal advice.
US Citizen of Indian Origin
Show me the information on official web site and I will shut up.
Since you asked -
Here is link from Department of Labor website. Read for yourself and I have included relevant quote.
Link (http://www.dol.gov/dol/allcfr/title_20/Part_655/20CFR655.731.htm)
(ii) Even if the H-1B nonimmigrant has not yet "entered into employment" with the employer (as described in paragraph (c)(6)(i) of this section), the employer that has had an LCA certified and an H-1B petition approved for the H-1B nonimmigrant shall pay the nonimmigrant the required wage beginning 30 days after the date the nonimmigrant first is admitted into the U.S. pursuant to the petition, or, if the nonimmigrant is present in the United States on the date of the approval of the petition, beginning 60 days after the date the nonimmigrant becomes eligible to work for the employer. For purposes of this latter requirement, the H-1B nonimmigrant is considered to be eligible to work for the employer upon the date of need set forth on the approved H-1B petition filed by the employer, or the date of adjustment of the nonimmigrant's status by INS, whichever is later.
____________________
Not a legal advice.
US Citizen of Indian Origin
more...
javadeveloper
09-26 01:32 PM
We can change job after 180 days after receipt Date or Notice Date??
gc_aspirant_prasad
07-11 10:13 AM
This one was the best... Where did this come from??
I think its a conchshell original.
By and far one of the best!
I think its a conchshell original.
By and far one of the best!
more...
desi3933
07-08 10:45 AM
The entire process of immigrating to US via a employment based system is so loosely organized and puts people in unfair situations.
I agree. Since Employment based immigration is driven by Employer needs, employer has the bigger say.
It is just not desi employers or consulting companies, in general, but any employer can have an upper hand on you when you are at their mercy.
Since the process is driven by Employer needs, whole immigration process depends on it. Is it fair from employee point of view? Most likely, not. But, thats how current laws are in place. Changing these laws are not easy, to say the least.
People say big companies have policies and they abide. I agree, but it is not always the case. If someone is in business - they do things in their business interest - if dealing with USCIS is getting difficult - they may say "enough of it - no more responding to RFEs".
One person contacted me - he is having a fulltime job and filed for AC21. he got RFE for EVL 2 times. The first time his HR gave EVL without any hasstles, the second time she was pissed, said "We do not want to deal with this - I have contacted legal and they recommend not to issue such letters".
Now such a situation puts this person in a tough spot -the issue is not because of his employer because his employer did give a proper letter but USCIS asked it again.
Just imagine what is this person's situation for no fault of his?
This is really a very unfortunate situation.
The big difference between EAD (for AC-21) and GC is that AC-21 employer has to provide supporting EVL document to continue pending I-485. Now, it is upto the applicant how he/she passes this information to the employer when he/she joins that AC-21 job.
Now, many would pass clear info to AC21 employer that they would EVL to support their GC process (I-485) and no other sponsorship is required. Now, its upto their mutual agreement on EVL. Employer is, within his rights, not to support or issue AC-21 EVL letter.
On the practical side, vast majority of employer have no issues with such EVL letters.
Big companies, of course, go with their legal team recommendation as their main purpose to run their business with least legal hassels.
We can always argue that "If you are worth and if company wants to retain you then they will not have any issues" - which once again may not always be true because we all know how relationships work out at companies - with ass kissing, nepotism, situations, financial etc......
It is two-way street. If employer is really good, employee will make extra effort on his job. IF employee is valuable (from employer's point of view), most employer will go extra mile to retain him/her. I have seen many such incidents in 12+ years of professional career.
There is, of course, work politics involved too. Bitching about co-worker, a$$ kissing, nepotism is part of it.
I have seen cases, where one team member is making 115k and another team member, at same role, is making just 85k. This may be unfair, but legal.
---------------
Life is not fair; get used to it. - Bill Gates
Success is a lousy teacher. It seduces smart people into thinking they can't lose. - Bill Gates
.
I agree. Since Employment based immigration is driven by Employer needs, employer has the bigger say.
It is just not desi employers or consulting companies, in general, but any employer can have an upper hand on you when you are at their mercy.
Since the process is driven by Employer needs, whole immigration process depends on it. Is it fair from employee point of view? Most likely, not. But, thats how current laws are in place. Changing these laws are not easy, to say the least.
People say big companies have policies and they abide. I agree, but it is not always the case. If someone is in business - they do things in their business interest - if dealing with USCIS is getting difficult - they may say "enough of it - no more responding to RFEs".
One person contacted me - he is having a fulltime job and filed for AC21. he got RFE for EVL 2 times. The first time his HR gave EVL without any hasstles, the second time she was pissed, said "We do not want to deal with this - I have contacted legal and they recommend not to issue such letters".
Now such a situation puts this person in a tough spot -the issue is not because of his employer because his employer did give a proper letter but USCIS asked it again.
Just imagine what is this person's situation for no fault of his?
This is really a very unfortunate situation.
The big difference between EAD (for AC-21) and GC is that AC-21 employer has to provide supporting EVL document to continue pending I-485. Now, it is upto the applicant how he/she passes this information to the employer when he/she joins that AC-21 job.
Now, many would pass clear info to AC21 employer that they would EVL to support their GC process (I-485) and no other sponsorship is required. Now, its upto their mutual agreement on EVL. Employer is, within his rights, not to support or issue AC-21 EVL letter.
On the practical side, vast majority of employer have no issues with such EVL letters.
Big companies, of course, go with their legal team recommendation as their main purpose to run their business with least legal hassels.
We can always argue that "If you are worth and if company wants to retain you then they will not have any issues" - which once again may not always be true because we all know how relationships work out at companies - with ass kissing, nepotism, situations, financial etc......
It is two-way street. If employer is really good, employee will make extra effort on his job. IF employee is valuable (from employer's point of view), most employer will go extra mile to retain him/her. I have seen many such incidents in 12+ years of professional career.
There is, of course, work politics involved too. Bitching about co-worker, a$$ kissing, nepotism is part of it.
I have seen cases, where one team member is making 115k and another team member, at same role, is making just 85k. This may be unfair, but legal.
---------------
Life is not fair; get used to it. - Bill Gates
Success is a lousy teacher. It seduces smart people into thinking they can't lose. - Bill Gates
.
2010 I feel pretty.
english_august
07-09 02:55 PM
I hope everyone is sending out the press release to their media contacts. As you all know, this event is not centrally co-ordinated and everyone has been really proactive in getting the word out.
Same goes for the media contact as well. No single person is emailing/faxing this information out - everyone is doing his or her bit.
Since most of the coverage will come from journalists local to the D.C. area, members there should be particularly aggressive in calling local newspapers, radio stations, tv stations etc.
Let's give this thing one big push.
Same goes for the media contact as well. No single person is emailing/faxing this information out - everyone is doing his or her bit.
Since most of the coverage will come from journalists local to the D.C. area, members there should be particularly aggressive in calling local newspapers, radio stations, tv stations etc.
Let's give this thing one big push.
more...
sankap
07-10 02:42 PM
I'm not saying that "H-1B job is permanent:" you're inferring again! I hold that *no* job in this country is "permanent" (legally speaking). My question to you was if no H1B is "permanent" (as you opine), then how can you prove that the AC20 job on H1B is or isn't "permanent?" So if that job is not "permanent," how do you convince/mention that in as RVE-EVL?
As per info on that page, it says clearly
"The H-1B program allows an employer to temporarily employ a foreign worker in the U.S. on a nonimmigrant basis in a specialty occupation or as a fashion model of distinguished merit and ability"
How can you say that any H-1B job is permanent? Now, you don't want to believe even the dol web page.
I have always maintained that Permanent Job is a full-time work that has no fixed end date. H1B petition always have fixed end date.
.
As per info on that page, it says clearly
"The H-1B program allows an employer to temporarily employ a foreign worker in the U.S. on a nonimmigrant basis in a specialty occupation or as a fashion model of distinguished merit and ability"
How can you say that any H-1B job is permanent? Now, you don't want to believe even the dol web page.
I have always maintained that Permanent Job is a full-time work that has no fixed end date. H1B petition always have fixed end date.
.
hair I bought the wallpaper border
amitjoey
07-09 04:34 PM
I sent the pdf and a write up to reporters in my local area.
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a2006
05-02 03:06 PM
I think IV core has some concerns regarding the correctness of the legal advise that you received from your attorney. Let us wait for them to clarify.
hot Wallpaper has come such a long
vbkris77
03-06 04:44 PM
Great job Mirage, if they can lift country cap for 2 years and work per law, it should resolve all the issues. Per their stats they published to DHS, they have 250K EB applications pending, even if you add 100K applications for the remaining, it should clear all the backlog.
Ofcourse CIS can kill it by saying FBI name check etc. But they can't do it for 250K applications pending. Even though I haven't filed my 485 yet, I support this.
Ofcourse CIS can kill it by saying FBI name check etc. But they can't do it for 250K applications pending. Even though I haven't filed my 485 yet, I support this.
more...
house So get creative with pretty
sam_hoosier
12-19 02:33 PM
I have a question regarding the 180 day rule. I am a July 2nd filer, got EAD and AP and did my FP. my I-140 was also approved in oct 2007. So, I will be meeting the 180 day rule and I-140 approved criteria in jan 2nd,08.
Can I change job after Jan 2nd or I have to wait for 180 days from the time of 140 approval date. I think if its from 485 receipt date, I do meet 180 days rule and am safe to move on with another job/employer.
I know this question should had been asked by other members also, but I don't want to search all threads.
Looking for some genuine answers instead of thread bashings.
Thanks in Adv.
You can use AC21 after 180 days from the I-485 receipt date.
Can I change job after Jan 2nd or I have to wait for 180 days from the time of 140 approval date. I think if its from 485 receipt date, I do meet 180 days rule and am safe to move on with another job/employer.
I know this question should had been asked by other members also, but I don't want to search all threads.
Looking for some genuine answers instead of thread bashings.
Thanks in Adv.
You can use AC21 after 180 days from the I-485 receipt date.
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rongha_2000
04-28 01:22 PM
Can you let us know how did you search your case by? Website, what data do I need to pull the record? I dont have my labor copy with me. Also I dont know where my labor was filed.
I searched my case on FLC data center and found following for my LC approval
Employer_Job_Title = Computer Project Manager
Prevailing_Wage_Job_Title = Computer Project Manager
Prevailing_Wage_Level = Level II
Prevailing_Wage_SOC_CODE = 11-9041.00
Prevailing_Wage_SOC_Title = Engineering Managers
Prevailing_Wage_Source = OES
While I work as senior software/application developer in my current role with the same employer who filed my LC and GC.
Now I am getting an offer from another employer with same title "Senior Software Engineer".
Is it advisable to change job as my job code (job description) might be different from the one that was mentioned in LC?
Thanks in advance for your inputs and thoughts.
I searched my case on FLC data center and found following for my LC approval
Employer_Job_Title = Computer Project Manager
Prevailing_Wage_Job_Title = Computer Project Manager
Prevailing_Wage_Level = Level II
Prevailing_Wage_SOC_CODE = 11-9041.00
Prevailing_Wage_SOC_Title = Engineering Managers
Prevailing_Wage_Source = OES
While I work as senior software/application developer in my current role with the same employer who filed my LC and GC.
Now I am getting an offer from another employer with same title "Senior Software Engineer".
Is it advisable to change job as my job code (job description) might be different from the one that was mentioned in LC?
Thanks in advance for your inputs and thoughts.
more...
pictures Bright bathroom wallpaper | 10
gk_2000
11-18 01:25 PM
I also suggest partnering up with Reform Immigration For America as they have large numbers of supporters as well. I urge core IV members to contact them as time is short for us
.. confirming that I have sent the faxes for myself and for whole family
.. confirming that I have sent the faxes for myself and for whole family
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guy03062
12-11 12:33 PM
12/10/2006: The President Signed Yesterday Continuing Resolution Bill, H.J. 102
The President swiftly signed this bill yesterday so that operation of the federal government be not negatively affected nor disrupted. None of immigration-related bills was apparently attached to this bill. When the new Congress returns on January 4, 2007, one of the top agenda will remain pending appropriation bills for various federal departments and agencies, which they should take care of by February 15, 2007. There is a chance that some immigration legislations such as H-1B relief can still be attached to one of these appropriation bills. People may recall that when the Senate-passed S.1932 died not too long past for its failure to pass the House, the H-1B and L-1 Reform Acts were introduced by Rep. Lamar Smith (TX) and the Congress easily passed the bill as a rider to the Omnibus Spending bill! Considering the fact that the business and academic communities can feel urgency more tangibly in the H-1B crisis as an imminent issue affecting their businesses "here and now," as opposed to EB immigrant issue which may be considered a long-term issue, the negative impact of which may be not necessarily imminently visible and tangible as relaed to their businesses "here and now." In this regard, the H-1B legislation can be taken out of the ill-fated SKIL bill and passed earlier than SKIL-type of EB immigration bill or CIR. We will see how things will unfold.
The President swiftly signed this bill yesterday so that operation of the federal government be not negatively affected nor disrupted. None of immigration-related bills was apparently attached to this bill. When the new Congress returns on January 4, 2007, one of the top agenda will remain pending appropriation bills for various federal departments and agencies, which they should take care of by February 15, 2007. There is a chance that some immigration legislations such as H-1B relief can still be attached to one of these appropriation bills. People may recall that when the Senate-passed S.1932 died not too long past for its failure to pass the House, the H-1B and L-1 Reform Acts were introduced by Rep. Lamar Smith (TX) and the Congress easily passed the bill as a rider to the Omnibus Spending bill! Considering the fact that the business and academic communities can feel urgency more tangibly in the H-1B crisis as an imminent issue affecting their businesses "here and now," as opposed to EB immigrant issue which may be considered a long-term issue, the negative impact of which may be not necessarily imminently visible and tangible as relaed to their businesses "here and now." In this regard, the H-1B legislation can be taken out of the ill-fated SKIL bill and passed earlier than SKIL-type of EB immigration bill or CIR. We will see how things will unfold.
more...
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bharol
08-25 09:38 PM
8/19/2008(Monday) 7 AM: Got "Welcoming the new Permanent resident.." email, saying 485 was approved on 8/18/2008.
8/19/2008(Monday) 9 PM: Got "Card production Ordered" Email.
8/22/2008(Friday) 1 PM: Got "Approval Notice Sent" Email.
8/23/2008(Saturday) : Got Physical Welcome notice on I797 form, mailed by USCIS on 8/18/2008
8/25/2008(Monday): Got PHYSICAL CARDS in mail. :)
May everybody get their approvals ASAP.
Good luck.
8/19/2008(Monday) 9 PM: Got "Card production Ordered" Email.
8/22/2008(Friday) 1 PM: Got "Approval Notice Sent" Email.
8/23/2008(Saturday) : Got Physical Welcome notice on I797 form, mailed by USCIS on 8/18/2008
8/25/2008(Monday): Got PHYSICAL CARDS in mail. :)
May everybody get their approvals ASAP.
Good luck.
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VMH_GC
07-06 08:47 PM
People lives in Tri state, shall we have similar rally in New york City on July 14th?
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h4help
10-15 10:58 AM
Filed: July 5th
Receipt Date: Sep 11
FP : Oct 23
EAD Still pending
But Husband received EAD card.
Anyone in my boat ??????????????????????????????????
Receipt Date: Sep 11
FP : Oct 23
EAD Still pending
But Husband received EAD card.
Anyone in my boat ??????????????????????????????????
dixie
12-15 02:29 AM
I totally agree - our concern should begin and end with whether our interests are addressed or not. This is not the time to argue and nitpick on what is good for the whole world in the long term - remember, there is no "long term" for us without a GC. Lets be realistic - its a done deal that EB reform if all it comes up, will come with either a generous H1-B increase or illegal alien amnesty or both of them. Its not our job to worry about excessive immigration - the anti-immigrants and their friendly congressmen are always there to raise a hue and cry and dilute any and all pro-immigrant proposals. With them at work, if we ask for a yard we will get a foot, if we ask for a foot we will end up with not even an inch.
Well, it is not a perfect world. It is not a perfect system. When CIR comes up every group will push for their interests. If u send a mail to any Senator, all u get is a standard reply about H1-B. It will be impossible to educate every ligislator. We have to do the best we can to voice our concerns and go with the tide. We cannot nitpick the sections of the CIR and tell the legislators vote only for these. We just make sure that our issues are addressed in whatever bill comes up.
Well, it is not a perfect world. It is not a perfect system. When CIR comes up every group will push for their interests. If u send a mail to any Senator, all u get is a standard reply about H1-B. It will be impossible to educate every ligislator. We have to do the best we can to voice our concerns and go with the tide. We cannot nitpick the sections of the CIR and tell the legislators vote only for these. We just make sure that our issues are addressed in whatever bill comes up.
java_jaggu
04-21 08:33 PM
This thread just puts things in perspective. Getting a GC and beyond is a good thing, but in the larger scheme of things, enjoying the present moment and enjoying what you got is far more important. You never know when it can end !
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