sc3
08-12 02:26 PM
How will it march steadily when we have less than 3000 numbers for the year?
I am sure we have many pplicants with PD in 2002 and 2003. I would be surprised if PD moves beyond April 2002 in FY 2009.
Assuming no other miracle happens!
Steady march!, not fast march!! ;) I am very hopeful of the dates moving past mid 2002 for FY 2009. (which is about 8 months movement from now, and I think that is very possible).
I am thinking we have about 5-6% representation for the earlier years on this poll? What is everyone's estimate on the representation??
I am sure we have many pplicants with PD in 2002 and 2003. I would be surprised if PD moves beyond April 2002 in FY 2009.
Assuming no other miracle happens!
Steady march!, not fast march!! ;) I am very hopeful of the dates moving past mid 2002 for FY 2009. (which is about 8 months movement from now, and I think that is very possible).
I am thinking we have about 5-6% representation for the earlier years on this poll? What is everyone's estimate on the representation??
wallpaper is justin bieber gay pictures.
unitednations
03-31 12:28 PM
UN,
I don't mean to embarass you or make you feel awkward by thanking you every time you post, but the excruciating detail that you get into, in your posts, to back your statements never ceases to amaze me, and I know I speak for a lot of people here.
That being said, if I may bother you with one more question.
Lets assume that the 140 is revoked right after the employee leaves, and the employer had 100% abilitiy to pay the employee until that moment.
6 months after the employee left, and after the 140 was revoked, the employer gets an ability to pay RFE on some other pending or unrevoked 140 of theirs. In that case ,can the 140 that was revoked 5 months ago be in danger?
Of course, this is assuming that all AC21 memos till date are considered binding, and no memo changes to AC21 have happened.
USCIS uses three criteria in deetermining ability to pay;
1) net income is more then labor wage
2) net current assets is greater then labor wage
3) person is getting paid labor wage from date of filing labor
#3 is the only one that does not have dependency on employer financials and the # of filings that a company may have done. If person wasn't getting paid labor wage from date of labor filing then dependency is on company financials and if there is adding up together then there is issues.
If in 485 denial it is due to ability to pay and they state so in 485 denial and you were paid labor wage from priority date until you left and were eligible for ac21 then the denial would not have been in error and you would be fine.
I don't mean to embarass you or make you feel awkward by thanking you every time you post, but the excruciating detail that you get into, in your posts, to back your statements never ceases to amaze me, and I know I speak for a lot of people here.
That being said, if I may bother you with one more question.
Lets assume that the 140 is revoked right after the employee leaves, and the employer had 100% abilitiy to pay the employee until that moment.
6 months after the employee left, and after the 140 was revoked, the employer gets an ability to pay RFE on some other pending or unrevoked 140 of theirs. In that case ,can the 140 that was revoked 5 months ago be in danger?
Of course, this is assuming that all AC21 memos till date are considered binding, and no memo changes to AC21 have happened.
USCIS uses three criteria in deetermining ability to pay;
1) net income is more then labor wage
2) net current assets is greater then labor wage
3) person is getting paid labor wage from date of filing labor
#3 is the only one that does not have dependency on employer financials and the # of filings that a company may have done. If person wasn't getting paid labor wage from date of labor filing then dependency is on company financials and if there is adding up together then there is issues.
If in 485 denial it is due to ability to pay and they state so in 485 denial and you were paid labor wage from priority date until you left and were eligible for ac21 then the denial would not have been in error and you would be fine.
pathiren
01-30 10:30 PM
Still 24, 27
2011 is justin bieber gay.
jkays94
06-07 07:08 PM
When employees post for job, they might say �need a citizen or gc holder�. But never say we only need a H1-B holder. So when we have respected and followed the rules of this country immigration becomes a right as logic life suggested.
My 2 cents�
These types of employment advertisements are discriminatory and are thus illegal unless it is work that requires security clearance. I am surprised that the Department of Justice is going after employers (http://www.immigration.com/newsletter1/doj_investigation.html) who may have advertised jobs for non citizens while not going after the numerous advertisements that discriminate against non US citizens. I am aware of atleast one high profile company that engages in this type of activity in its advertisements (however one needs to apply and be rejected in order to file a complaint). The double standard is indeed disturbing :
http://www.eeoc.gov/abouteeo/overview_practices.html
The Immigration Reform and Control Act (IRCA) of 1986 requires employers to assure that employees hired are legally authorized to work in the U.S. However, an employer who requests employment verification only for individuals of a particular national origin, or individuals who appear to be or sound foreign, may violate both Title VII and IRCA; verification must be obtained from all applicants and employees. Employers who impose citizenship requirements or give preferences to U.S. citizens in hiring or employment opportunities also may violate IRCA.
http://www.usdoj.gov/crt/osc/
The Office of Special Counsel for Immigration Related Unfair Employment Practices ("OSC") investigates the following types of discriminatory conduct under the anti-discrimination provision of the Immigration and Nationality Act (INA), 8 U.S.C. � 1324b:
Citizenship or immigration status discrimination with respect to hiring, firing, and recruitment or referral for a fee by employers with four or more employees. Employers may not treat individuals differently because they are, or are not, U.S. citizens or work authorized immigrants. U.S. citizens, many permanent residents, temporary residents, asylees and refugees are protected from citizenship status discrimination.
My 2 cents�
These types of employment advertisements are discriminatory and are thus illegal unless it is work that requires security clearance. I am surprised that the Department of Justice is going after employers (http://www.immigration.com/newsletter1/doj_investigation.html) who may have advertised jobs for non citizens while not going after the numerous advertisements that discriminate against non US citizens. I am aware of atleast one high profile company that engages in this type of activity in its advertisements (however one needs to apply and be rejected in order to file a complaint). The double standard is indeed disturbing :
http://www.eeoc.gov/abouteeo/overview_practices.html
The Immigration Reform and Control Act (IRCA) of 1986 requires employers to assure that employees hired are legally authorized to work in the U.S. However, an employer who requests employment verification only for individuals of a particular national origin, or individuals who appear to be or sound foreign, may violate both Title VII and IRCA; verification must be obtained from all applicants and employees. Employers who impose citizenship requirements or give preferences to U.S. citizens in hiring or employment opportunities also may violate IRCA.
http://www.usdoj.gov/crt/osc/
The Office of Special Counsel for Immigration Related Unfair Employment Practices ("OSC") investigates the following types of discriminatory conduct under the anti-discrimination provision of the Immigration and Nationality Act (INA), 8 U.S.C. � 1324b:
Citizenship or immigration status discrimination with respect to hiring, firing, and recruitment or referral for a fee by employers with four or more employees. Employers may not treat individuals differently because they are, or are not, U.S. citizens or work authorized immigrants. U.S. citizens, many permanent residents, temporary residents, asylees and refugees are protected from citizenship status discrimination.
more...
spdy_mn
06-13 06:23 PM
I am getting married in Jan 2008. can i go ahead and apply now? How to include the wife? will that be a problem.
sky7
07-26 09:38 AM
In the US for 11 years now. - 7th year H1B
Thanks for starting this topic!!! This could be an emotional thread for a lot of us who are still waiting for this rediculously long process of GC!!!!
More frustrating when:
Waited for 3++ yrs for the labor cert (PD Sept 2002)
Just submitted I140 (6/2006) but have to endure the fear that my EB2 will be kicked to EB3, which means RETROGRESSION!
With H4, wife cannot work. Going to school is too expensive..i can't afford it with my small salary
Stucked with current company...being under appreciated and under utilized by the current employer...not a place for me to build my CAREER!!!
Have potential contract jobs/independent consultant positions available (recruiters contacted me) which pay 50% than what i am making now...but can't accept those offers bcos of GC!!!!
So so tempted to return home for good (sick and tired of the WAIT), but Everyone was saying "u had waited for years now, so why not wait for another year or so to get it..don't waste the golden opportunity" But...but...is it really going to be just another YEAR? :rolleyes:
Sigh...sorry for venting...but i am really upset!
Going back to Career options...
**yeah, i would like to get a PMP cert, but it is pretty EXPENSIVE. But maybe some of us who done that can advice me.
**About buying houses....really clueless about it...really scare i will get ripped off by people..any advice?
** Yes..i want to know more about E-Visa and making $$ via online business!
Thanks all....
Sky
Thanks for starting this topic!!! This could be an emotional thread for a lot of us who are still waiting for this rediculously long process of GC!!!!
More frustrating when:
Waited for 3++ yrs for the labor cert (PD Sept 2002)
Just submitted I140 (6/2006) but have to endure the fear that my EB2 will be kicked to EB3, which means RETROGRESSION!
With H4, wife cannot work. Going to school is too expensive..i can't afford it with my small salary
Stucked with current company...being under appreciated and under utilized by the current employer...not a place for me to build my CAREER!!!
Have potential contract jobs/independent consultant positions available (recruiters contacted me) which pay 50% than what i am making now...but can't accept those offers bcos of GC!!!!
So so tempted to return home for good (sick and tired of the WAIT), but Everyone was saying "u had waited for years now, so why not wait for another year or so to get it..don't waste the golden opportunity" But...but...is it really going to be just another YEAR? :rolleyes:
Sigh...sorry for venting...but i am really upset!
Going back to Career options...
**yeah, i would like to get a PMP cert, but it is pretty EXPENSIVE. But maybe some of us who done that can advice me.
**About buying houses....really clueless about it...really scare i will get ripped off by people..any advice?
** Yes..i want to know more about E-Visa and making $$ via online business!
Thanks all....
Sky
more...
msp1976
02-11 12:39 PM
There is some massive confusion here. The Immigration and Nationality Act also says the following for EB3
-Quote
(3) Skilled workers, professionals, and other workers
(A) In general
Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), to the following classes of aliens who are not described in paragraph (2):
-End Quote
Read the term "Not to exceed 28.6 percent". So EB3 can't exceed 28.6 percent which means unused visas from EB2 cant all go to EB3. Since EB2 ROW is current, the unused EB2 visas should be coming to EB2 India & china as per AC21 law.. no?
We shouldn't assume that USCIS is too dumb to follow the law..
Read the term "Not to exceed 28.6 percent plus"That plus means EB3 total can exceed 28.6%..
No.... USCIS is not dumb...They have interpreted the law in the way they think is appropriate....They are applying the over all 7% country cap to China/India EB2 and sending the overflow to EB3 ROW..... It is not fair but it is not exactly illegal...The law is open to interpretation and USCIS has chose to select this interpretation......You can take a crack at suing the USCIS.....I doubt that you would get anywhere......The EB2 India/China might benefit from the lawsuit....But as you know not all members would agree on IV spending resources on this lawsuit because this serves only a small section of member population.... At a personal level you can gather a few EB2 China India guys and have a crack at suing USCIS....
-Quote
(3) Skilled workers, professionals, and other workers
(A) In general
Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), to the following classes of aliens who are not described in paragraph (2):
-End Quote
Read the term "Not to exceed 28.6 percent". So EB3 can't exceed 28.6 percent which means unused visas from EB2 cant all go to EB3. Since EB2 ROW is current, the unused EB2 visas should be coming to EB2 India & china as per AC21 law.. no?
We shouldn't assume that USCIS is too dumb to follow the law..
Read the term "Not to exceed 28.6 percent plus"That plus means EB3 total can exceed 28.6%..
No.... USCIS is not dumb...They have interpreted the law in the way they think is appropriate....They are applying the over all 7% country cap to China/India EB2 and sending the overflow to EB3 ROW..... It is not fair but it is not exactly illegal...The law is open to interpretation and USCIS has chose to select this interpretation......You can take a crack at suing the USCIS.....I doubt that you would get anywhere......The EB2 India/China might benefit from the lawsuit....But as you know not all members would agree on IV spending resources on this lawsuit because this serves only a small section of member population.... At a personal level you can gather a few EB2 China India guys and have a crack at suing USCIS....
2010 justin bieber gay. justin
viva
02-06 08:03 PM
I totally agree with you viva...
Is this a solution to retrogression?
Oh my god...
USCIS please let our spouses work and take as much time as you want to give us the green card we are not in a hurry!!!!
How can anyone come up with these un realistic solutions man.
True true true This persons intension is not a GC but make money...
Please let us not go further into this, let us prepare ourselfs to fight for the I-485 provision that IV is working on..
We shall overcome
At least, he/she is trying to come up with a solution. Just not the kind that would help!!!!
Is this a solution to retrogression?
Oh my god...
USCIS please let our spouses work and take as much time as you want to give us the green card we are not in a hurry!!!!
How can anyone come up with these un realistic solutions man.
True true true This persons intension is not a GC but make money...
Please let us not go further into this, let us prepare ourselfs to fight for the I-485 provision that IV is working on..
We shall overcome
At least, he/she is trying to come up with a solution. Just not the kind that would help!!!!
more...
legal_alien_007
04-26 02:55 PM
You are right. L1s are paid shit and are not given proper insurance. Once L1 guy got sick and he went to Doctor and pharmacy, Pharmacy charged him $250 coz they wont take the shitty insurance (some Indian Insurance), L1s are being absued a lot
TNMan,
I feel sorry for your situation and you seem to be under a lot of stress. However lets show some civility in our discourse and not make this a blame game.
When an american loses his job, he feels exactly the same way as you do, except that he doesn't really distinguish a H1-B from an L1.
Replace 'L1' with 'H1-B' in your comments and see how they look,
""You are right. H1-Bs are paid shit and are not given proper insurance. Once H1-B guy got sick and he went to Doctor and pharmacy, Pharmacy charged him $250 coz they wont take the shitty insurance (some Indian Insurance), H1-Bs are being abused a lot""
Lets work together to stop the abuses in the system.
Remember that at the end, the solution should be fair to all the parties involved - immigrants, americans and the corporations.
TNMan,
I feel sorry for your situation and you seem to be under a lot of stress. However lets show some civility in our discourse and not make this a blame game.
When an american loses his job, he feels exactly the same way as you do, except that he doesn't really distinguish a H1-B from an L1.
Replace 'L1' with 'H1-B' in your comments and see how they look,
""You are right. H1-Bs are paid shit and are not given proper insurance. Once H1-B guy got sick and he went to Doctor and pharmacy, Pharmacy charged him $250 coz they wont take the shitty insurance (some Indian Insurance), H1-Bs are being abused a lot""
Lets work together to stop the abuses in the system.
Remember that at the end, the solution should be fair to all the parties involved - immigrants, americans and the corporations.
hair justin bieber gay proof.
chanduv23
11-01 07:19 PM
Well reverse brain drain is happening at an entry level where companies are unable to reqruit talented workers straight out from schools.
more...
chanduv23
03-13 01:29 PM
Thanks Walking_dude. This is the kind of information, I have been looking for. The blog is excellent. I hope with like minded people in my area, I can set the ball rolling, here in Nebraska.
We are with u. We are your friends. Lets get the ball rolling in Nebraska. Contact paskal for more info on what u need to do.
Good luck
We are with u. We are your friends. Lets get the ball rolling in Nebraska. Contact paskal for more info on what u need to do.
Good luck
hot justin bieber gay proof.
chanduv23
02-02 09:50 AM
What are YOU smoking????
Did I say I am special? Don't put words in my mouth. So if you think that abiding by the law makes one special, then I am guilty as charged :-)
Your "fingerpointing" and "why are you special" comment really cracks me up :D
The fact that you are honest makes u special :D :D
I am unfortunate that I may not be like u :(
Did I say I am special? Don't put words in my mouth. So if you think that abiding by the law makes one special, then I am guilty as charged :-)
Your "fingerpointing" and "why are you special" comment really cracks me up :D
The fact that you are honest makes u special :D :D
I am unfortunate that I may not be like u :(
more...
house rumor that Justin Bieber
anands26
02-13 04:10 PM
I realize that there is no point in telling you guys anything. When you don't have an open mind, you can not accept the facts. It's like banging your heads against steel wall. When you are not even ready to diagnose the disease, there is little hope you will be able to cure it. Denial is a beautiful thing.
So I apologize for my comments.
Here is something you will love:
Congratulations IV and the core team! Keep up the good work.
So I apologize for my comments.
Here is something you will love:
Congratulations IV and the core team! Keep up the good work.
tattoo Your hair is a gay buzz kill.
webm
08-11 03:17 PM
These before Nov2001 applicants reasons could be labor substitution (LS) or stuck in FBI/NC or other GC initiating/140 marriage delays...and therefore got a chance to apply in June/July'07 fiasco..along with their spouses..
----------------
EB3-I Oct,2001
----------------
EB3-I Oct,2001
more...
pictures justin bieber gay oprah
gcbikari
06-11 09:58 AM
MOST Important things:
1. DO NOT talk to the party or attorney who sued you directly. If they call take the contact info, tell that ur attorney will call them.
2. Talk to your insurance company
3. Talk to an attorney
4. Gather all documentation that you have
Sorry about wat happened to you. Looks like there are considerable injuries . You might not win the case since you are at 80% fault. Like others said you can not go back to India like nothing happened. You have to consult an attorney, ask if he can work on contigency basis. They will get all med records to decide if other party is faking or claiming too much. If you loose the case, then it depends howmuch you have to pay. If damages awarded are less than 500K, you can file bankrupcy. But you end up paying like mortgage forever. Once you file bankrupcy, I think you can leave the contry legally. If you loose and wish to stay, Your payments will be reduced if you have kids and a house payment.
1. DO NOT talk to the party or attorney who sued you directly. If they call take the contact info, tell that ur attorney will call them.
2. Talk to your insurance company
3. Talk to an attorney
4. Gather all documentation that you have
Sorry about wat happened to you. Looks like there are considerable injuries . You might not win the case since you are at 80% fault. Like others said you can not go back to India like nothing happened. You have to consult an attorney, ask if he can work on contigency basis. They will get all med records to decide if other party is faking or claiming too much. If you loose the case, then it depends howmuch you have to pay. If damages awarded are less than 500K, you can file bankrupcy. But you end up paying like mortgage forever. Once you file bankrupcy, I think you can leave the contry legally. If you loose and wish to stay, Your payments will be reduced if you have kids and a house payment.
dresses dresses Justin Bieber tries to
scorpion00
08-13 06:34 PM
..." My point is Don't crib if EB3 is retrogressed...use the system and become EB2, port your priority date, which is ofcourse dependent upon finding an EB2 job
Really???? Are you sure that this is what you meant in your original post?
This is what you wrote in the first post,
"Now, compare this to a person working an EB3-job for the last 8 years. Not only does this person do a real job that hopefully provides a respectable income but this person also has the option of moving to EB2 after 5 years of experience. So, at the end of the day in 2008; this person comes out ahead of me in terms of money, in terms of priority date (if ported) and most likely in terms of GC"
"You have all the opportunities that were/are available to a person who sweated it out in the university system here to gain more qualifications and get an EB2 job. You CHOSE not to."
Are you insane or what? Why can't you understand that many EB3 also have US education.There are thousands who had M.S degree or more than 5 years of experience but didn't apply in EB2.
Really???? Are you sure that this is what you meant in your original post?
This is what you wrote in the first post,
"Now, compare this to a person working an EB3-job for the last 8 years. Not only does this person do a real job that hopefully provides a respectable income but this person also has the option of moving to EB2 after 5 years of experience. So, at the end of the day in 2008; this person comes out ahead of me in terms of money, in terms of priority date (if ported) and most likely in terms of GC"
"You have all the opportunities that were/are available to a person who sweated it out in the university system here to gain more qualifications and get an EB2 job. You CHOSE not to."
Are you insane or what? Why can't you understand that many EB3 also have US education.There are thousands who had M.S degree or more than 5 years of experience but didn't apply in EB2.
more...
makeup is gay for Justin Bieber
prince_waiting
09-13 01:27 PM
The company I work in is a medium sized business organization. My boss is a staunch republican. I hope to make him aware of these 2 bills and request him to write to the locol congressman and the senator. If we can all do the same then we can buil substantial momentum towards getting these 2 bills passed. Since most of the businesses have republican leanings and at some time have contributed towards the GOP in some way, their endorsements can have a major impact.
girlfriend Justin+ieber+gay+oprah+
unitednations
03-31 12:16 PM
shailesh;
it is texas case/
it is texas case/
hairstyles 2010 justin bieber singapore
nik.patelc
04-04 12:11 PM
Does USCIS send RFE for both primary & dependent applications, if it is related to Employment?
Gurus, any advise.
Gurus, any advise.
pansworld
12-13 04:42 PM
...and I agree with what you have to say. My replies below...
No. that's not the point. See, you can't force people.
agree
If X is "recurring contributor" now, he has done that willingly and that is the best essence for us.
whole heartedly agree
As long as people support the cause and organization "Willingly" we will have infinite horizons to grow. The moment you bring "Burocracy" in, ultimately momentum will die.. may be slowly or quickly. Historically, IV threads are the major attentive media to declare the existence. We should not kill that with any enforcement of "Paid membership"...It is always hard to wake people. If that would be easy than nobody would have used the word "Struggle"..right:). On other hand yes there is a dire need of increasing financial strength exponentially and that too quickly is at high priority. We need to think and find other ways and resources.
that is the challenge. but it is also a slow process. it took a couple of movements before a lot of members got on board. more results will bring more members. I support issue based funding. announce what the money is needed for and ask members to contribute. members who have a vested interest and are motivated in an issue will contribute. Would a person who vies for GC contribute for an H1B cap increase issue and vice versa?
it is also a guage of the support that IV has for an issue and its resolution. many members may not agree with what IV is doing and hence will not contribute. It makes for good collective decision making.
No. that's not the point. See, you can't force people.
agree
If X is "recurring contributor" now, he has done that willingly and that is the best essence for us.
whole heartedly agree
As long as people support the cause and organization "Willingly" we will have infinite horizons to grow. The moment you bring "Burocracy" in, ultimately momentum will die.. may be slowly or quickly. Historically, IV threads are the major attentive media to declare the existence. We should not kill that with any enforcement of "Paid membership"...It is always hard to wake people. If that would be easy than nobody would have used the word "Struggle"..right:). On other hand yes there is a dire need of increasing financial strength exponentially and that too quickly is at high priority. We need to think and find other ways and resources.
that is the challenge. but it is also a slow process. it took a couple of movements before a lot of members got on board. more results will bring more members. I support issue based funding. announce what the money is needed for and ask members to contribute. members who have a vested interest and are motivated in an issue will contribute. Would a person who vies for GC contribute for an H1B cap increase issue and vice versa?
it is also a guage of the support that IV has for an issue and its resolution. many members may not agree with what IV is doing and hence will not contribute. It makes for good collective decision making.
pappu
09-13 03:37 PM
Hi,
The best thing that you can help us do for now is to recruit more members, and get them to pay IV. Trust me, membership and funding are two of the biggest challenges in front of us. Beyond that, if you would like to help further, send me a message, and I'll see who I can put you in touch with.
Thank you again!
Best,
RR
We need more members to join IV. In order to help us, pls--
- post IV poster in your local grocery stores, temples and restaaurants. (the poster is in resources section)
- try to get friends from other nationalities to join IV.
- If you are a graduate of A US university pls contact your alumni association and inform all their members.
- Send an email to all your friends. (template in resources section) informing about IV
The best thing that you can help us do for now is to recruit more members, and get them to pay IV. Trust me, membership and funding are two of the biggest challenges in front of us. Beyond that, if you would like to help further, send me a message, and I'll see who I can put you in touch with.
Thank you again!
Best,
RR
We need more members to join IV. In order to help us, pls--
- post IV poster in your local grocery stores, temples and restaaurants. (the poster is in resources section)
- try to get friends from other nationalities to join IV.
- If you are a graduate of A US university pls contact your alumni association and inform all their members.
- Send an email to all your friends. (template in resources section) informing about IV
No comments:
Post a Comment