gc_on_demand
11-17 03:58 PM
Done
wallpaper ICE BLUE EYES, lack and
jsb
11-02 10:58 AM
Even after 180 days, your employer put a withdrawal request with proof of insufficient financial strength to pay you from the period start (within 180 days ) till the withdrawal request date then what will you do? Now it is clearly "un approvable" during "even within 180 days" . Now 180 days passed already? - yes. I-140 is already approved? - No, Employer filed withdrawal ?- yes? Employer shows underlying reason of insufficient finance capacity within 180 days - yes .. Then case closed - Denial - Next.
.
Above argument is not fully correct. Someone had posted extracts from the law. Please read that once again, and keep in mind the spirit of the law as well.
Until 180 days: If I-140 is denied or withdrawn, no GC. Note that you are not required to be working for sponsoring employer prior to your getting GC. There should be only an intent on both parties to establish employee/employer relationship upon getting GC
After 180 days: I-140 withdrawl has no effect provided beneficiary (you) has another job offer for the same/similar job. No new I-140 needed, if first I-140 was approvable.
I-140 denied after 180 days: No GC if still with same employer. If new employer (for same/simiar job), new I-140 is needed. If different job new LC and I-140 (keep original PD)
Bottomline is that there has to be at least one I-140 approved at some stage.
.
Above argument is not fully correct. Someone had posted extracts from the law. Please read that once again, and keep in mind the spirit of the law as well.
Until 180 days: If I-140 is denied or withdrawn, no GC. Note that you are not required to be working for sponsoring employer prior to your getting GC. There should be only an intent on both parties to establish employee/employer relationship upon getting GC
After 180 days: I-140 withdrawl has no effect provided beneficiary (you) has another job offer for the same/similar job. No new I-140 needed, if first I-140 was approvable.
I-140 denied after 180 days: No GC if still with same employer. If new employer (for same/simiar job), new I-140 is needed. If different job new LC and I-140 (keep original PD)
Bottomline is that there has to be at least one I-140 approved at some stage.
sgorla
05-23 11:05 AM
Sent emails to my Senators from Nevada, and other Senators listed here.
Please continue to send emails.
Please continue to send emails.
2011 white and grey lue eyes ive .
paskal
07-09 12:06 PM
140K are never available on Oct 1
27% are = 37,800
and country limits determine individual cutoffs
27% are = 37,800
and country limits determine individual cutoffs
more...
CADude
05-23 05:13 PM
I webfax and send email to CA Senetor.
rsharma
09-24 07:51 AM
Careful my friend. Porting rules will be as tough as the rules for applying in Eb2. If you make porting difficult, you will set a higher standard for the approval of your application in Eb2 ending up with the possible rejection of yours and other Eb2 applications.
Why would you want to stop someone eligible to apply in Eb2? If someone has met all the criteria, the same criteria you had to fulfill when applying in Eb2, then what is the problem?
Consider the scenario:
Two guys (A and B) come to US in 2005, both do not have MS and experience less than 5 years. Therefore both not elligible for EB2 on 2005. They are from a retrogressed country.
A does MS and joins job in 2007, becomes eligible for EB2 and files GC on 2007.
B joins a job on 2005 that do not need MS and experience and files for EB3.
Till 2010 both of them did not get GC. But B crossed 5 years of experience and from EB3 to EB2. Now B's priority date is 2005, although he was not elligible for EB2 at that time.
Although A was elligible for EB2 in 2007 earlier than B (2010), A is pushed behind B.
SHould it be acceptable to people like A? And there is not one or two pleale like B, thousands arer doing that?
If you see my priority date you will understand I am not saying this for myself. I have a bro and friends who are facing this isssue.
Therefore EB2s who are from mid 2006 onwards will really get pushed back..
I see this porting simillar to the labor substitition.. Till it was in place it was legal although thousands bought labors and that is one main reason EB2 had retrogressed back to 2000. I predict simillar thing is happending again, people are paying money to the desi employers to file perm in EB2 again pretty soon same tertrogression will happen to EB2 I if any urgent action is not taken.
I hace passed this stage.. now its for you all to decide..
Why would you want to stop someone eligible to apply in Eb2? If someone has met all the criteria, the same criteria you had to fulfill when applying in Eb2, then what is the problem?
Consider the scenario:
Two guys (A and B) come to US in 2005, both do not have MS and experience less than 5 years. Therefore both not elligible for EB2 on 2005. They are from a retrogressed country.
A does MS and joins job in 2007, becomes eligible for EB2 and files GC on 2007.
B joins a job on 2005 that do not need MS and experience and files for EB3.
Till 2010 both of them did not get GC. But B crossed 5 years of experience and from EB3 to EB2. Now B's priority date is 2005, although he was not elligible for EB2 at that time.
Although A was elligible for EB2 in 2007 earlier than B (2010), A is pushed behind B.
SHould it be acceptable to people like A? And there is not one or two pleale like B, thousands arer doing that?
If you see my priority date you will understand I am not saying this for myself. I have a bro and friends who are facing this isssue.
Therefore EB2s who are from mid 2006 onwards will really get pushed back..
I see this porting simillar to the labor substitition.. Till it was in place it was legal although thousands bought labors and that is one main reason EB2 had retrogressed back to 2000. I predict simillar thing is happending again, people are paying money to the desi employers to file perm in EB2 again pretty soon same tertrogression will happen to EB2 I if any urgent action is not taken.
I hace passed this stage.. now its for you all to decide..
more...
tonyHK12
02-25 08:32 AM
Contributed $100. Your transaction ID for this payment is: 6WA26225ME502873T
go IV!
go IV!
2010 They are lack and white with
ash0210
03-09 11:32 AM
I am from retrogressed country, I am here for last 12 years & did not got depressed as I do not have GC. In my early years in USA, I used to get depress as I was not having GC but then I started thinking...Is GC is the ONLY important thing in my life?
I started concentrating on my work, constrained my self on checking now& then PDs, LUD's. If feellt depresssed - listening Indian classical music and involving in local commuitiy activities/helping kids in their studies..
Life is beautiful, GC is just part of my life and GC do not drives my life..
Well, I am TOO depressed about the BEC performance. I know too many people are in same situation but I find myself "helpless" and at least i want to SCREAM......:mad:
I started concentrating on my work, constrained my self on checking now& then PDs, LUD's. If feellt depresssed - listening Indian classical music and involving in local commuitiy activities/helping kids in their studies..
Life is beautiful, GC is just part of my life and GC do not drives my life..
Well, I am TOO depressed about the BEC performance. I know too many people are in same situation but I find myself "helpless" and at least i want to SCREAM......:mad:
more...
sobers
05-02 10:42 AM
The Brownback and Bingaman amendments need to be incorporated into this bill.
===
Compete America Praises Introduction of Cornyn Legislation to Reform H-1B and Green Card Systems
'SKIL Bill' Would Relieve Crisis Facing U.S. Employers of Highly Educated Foreign Nationals
Washington D.C. - Compete America today praised the introduction of the "SKIL Bill" by Senator John Cornyn (R-TX) to reform both the H-1B visa and employment based (EB visa) green card processes. The legislation is cosponsored by Senators Allard (R-CO), Allen (R-VA), Bennett (R-UT), Enzi (R-WY), and Lott (R-MS).
The SKIL Bill is the latest indicator that both the United States Senate and the Bush Administration are prepared to fix the visa system for highly educated foreign nationals. In addition to the SKIL Bill, Compete America has endorsed measures contained the Senate's comprehensive immigration legislation addressing H-1B and EB visa issues; and has also endorsed President Bush's call to ensure access to talent as part of the Administration's American Competitiveness Initiative.
"Senator Cornyn clearly understands the contribution highly-educated foreign nationals make to the U.S. economy and to Texas," said Texas Instruments CEO and President Richard K. Templeton. "The Senator's bill reaffirms America's proud tradition of welcoming top talent to this country. The reality is that most scientists and engineers with advanced degrees from U.S. universities are foreign born. The competition for talent is truly global. If the U.S. wants to win, we absolutely must encourage these advanced degree holders to stay here and get their green cards - not send them home to compete against us. The 'SKIL' bill really advances that goal."
Both the H-1B and EB visa/green card programs have been responsible for bringing much needed foreign talent to live and work in the United States, and most importantly, to make significant contributions to the U.S. economy and global competitiveness. However, H-1B shortages have been well documented, and backlogs in the green card system are getting worse, forcing thousands of valued foreign-born professionals - including researchers, scientists, teachers and engineers - into legal and professional limbo for seven years or more.
Among the provisions of the SKIL Bill (Securing Knowledge Innovation and Leadership) endorsed by Compete America are the following:
Exemptions for U.S. educated foreign workers with advanced degrees in math, science, technology and engineering fields from the H-1B and EB quotas so their talent can be retained in the United States.
Creation of a flexible, market-based H-1B cap so that U.S. employers are not locked out of hiring critical talent.
Extension of foreign students' post curricular optional practical training from 12 months to 24 months to allow them to go more easily from student to green card.
Exemptions for EB/green card immigrant spouses and children from the annual cap, thus making more visas available for the professionals we need.
The SKIL Bill contains many of the provisions for reform of the H-1B visa and EB/green card systems that are present in the two versions of comprehensive immigration reform introduced by Senate Majority Leader Bill Frist (R-TN) and Senate Judiciary Committee Chairman Arlen Specter (R-PA).
"The Senate is ready to address the problem facing U.S. employers of highly educated foreign nationals," said Sandra Boyd, National Association of Manufacturers Human Resources Policy Vice President and Compete America Chair. "It is incomprehensible that Congress would address broad immigration reform without fixing the system that brings legal, highly educated workers to the U.S. We are grateful to Senator Cornyn and the other cosponsors of the SKIL bill as well as those who have supported the inclusion of similar provisions in comprehensive immigration reform."
===
Compete America Praises Introduction of Cornyn Legislation to Reform H-1B and Green Card Systems
'SKIL Bill' Would Relieve Crisis Facing U.S. Employers of Highly Educated Foreign Nationals
Washington D.C. - Compete America today praised the introduction of the "SKIL Bill" by Senator John Cornyn (R-TX) to reform both the H-1B visa and employment based (EB visa) green card processes. The legislation is cosponsored by Senators Allard (R-CO), Allen (R-VA), Bennett (R-UT), Enzi (R-WY), and Lott (R-MS).
The SKIL Bill is the latest indicator that both the United States Senate and the Bush Administration are prepared to fix the visa system for highly educated foreign nationals. In addition to the SKIL Bill, Compete America has endorsed measures contained the Senate's comprehensive immigration legislation addressing H-1B and EB visa issues; and has also endorsed President Bush's call to ensure access to talent as part of the Administration's American Competitiveness Initiative.
"Senator Cornyn clearly understands the contribution highly-educated foreign nationals make to the U.S. economy and to Texas," said Texas Instruments CEO and President Richard K. Templeton. "The Senator's bill reaffirms America's proud tradition of welcoming top talent to this country. The reality is that most scientists and engineers with advanced degrees from U.S. universities are foreign born. The competition for talent is truly global. If the U.S. wants to win, we absolutely must encourage these advanced degree holders to stay here and get their green cards - not send them home to compete against us. The 'SKIL' bill really advances that goal."
Both the H-1B and EB visa/green card programs have been responsible for bringing much needed foreign talent to live and work in the United States, and most importantly, to make significant contributions to the U.S. economy and global competitiveness. However, H-1B shortages have been well documented, and backlogs in the green card system are getting worse, forcing thousands of valued foreign-born professionals - including researchers, scientists, teachers and engineers - into legal and professional limbo for seven years or more.
Among the provisions of the SKIL Bill (Securing Knowledge Innovation and Leadership) endorsed by Compete America are the following:
Exemptions for U.S. educated foreign workers with advanced degrees in math, science, technology and engineering fields from the H-1B and EB quotas so their talent can be retained in the United States.
Creation of a flexible, market-based H-1B cap so that U.S. employers are not locked out of hiring critical talent.
Extension of foreign students' post curricular optional practical training from 12 months to 24 months to allow them to go more easily from student to green card.
Exemptions for EB/green card immigrant spouses and children from the annual cap, thus making more visas available for the professionals we need.
The SKIL Bill contains many of the provisions for reform of the H-1B visa and EB/green card systems that are present in the two versions of comprehensive immigration reform introduced by Senate Majority Leader Bill Frist (R-TN) and Senate Judiciary Committee Chairman Arlen Specter (R-PA).
"The Senate is ready to address the problem facing U.S. employers of highly educated foreign nationals," said Sandra Boyd, National Association of Manufacturers Human Resources Policy Vice President and Compete America Chair. "It is incomprehensible that Congress would address broad immigration reform without fixing the system that brings legal, highly educated workers to the U.S. We are grateful to Senator Cornyn and the other cosponsors of the SKIL bill as well as those who have supported the inclusion of similar provisions in comprehensive immigration reform."
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felix31
05-03 01:38 PM
thanx for clarifying....
Section 205. Retaining Workers Subject to Green Card Backlog.
This section specifies anyone caught in the backlog would be able to pay $500 to adjust status... So your husband is ok (again, should this SKIL ever become reality)
However, I am confused this section 205 falls into Title II, "Retaining Foreign Workers Educated in the United States". Section 205 does not read like anything to do with a degree in the US..
Section 205. Retaining Workers Subject to Green Card Backlog.
This section specifies anyone caught in the backlog would be able to pay $500 to adjust status... So your husband is ok (again, should this SKIL ever become reality)
However, I am confused this section 205 falls into Title II, "Retaining Foreign Workers Educated in the United States". Section 205 does not read like anything to do with a degree in the US..
more...
eb3retro
07-19 07:24 PM
the above poster summarized it very good. here are some of my thoughts..
1) we can come up with a formal letter (standard one) which is well written and can be faxed to USCIS director or emailed.
2) we can also fax/email the same letter to ombudsman so that they are aware of this issue.
in my gut feeling ombudsman is as close as we can get to uscis if we need visibility to this. optionally we can use the same letter to send it to the senators/congressman.
The letter should be short, precise, upto the point, without any spelling mistakes, well written. if u look at this post itself, you could very well decide that i am not suitable for that job. can someone in eb3-I who has a good writing skill come up with such a letter and so that we can try what ever we can from our end. its every dog's battle here. and if sanyahari is fighting, its his / her right to do so. so what do u say folks?
1) we can come up with a formal letter (standard one) which is well written and can be faxed to USCIS director or emailed.
2) we can also fax/email the same letter to ombudsman so that they are aware of this issue.
in my gut feeling ombudsman is as close as we can get to uscis if we need visibility to this. optionally we can use the same letter to send it to the senators/congressman.
The letter should be short, precise, upto the point, without any spelling mistakes, well written. if u look at this post itself, you could very well decide that i am not suitable for that job. can someone in eb3-I who has a good writing skill come up with such a letter and so that we can try what ever we can from our end. its every dog's battle here. and if sanyahari is fighting, its his / her right to do so. so what do u say folks?
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mirage
03-15 11:23 PM
There is very simple reason for this, during 1999-2002 H1B cap was raised to 190,000 even if you make a guess on the lower side more than 50% of these H1Bs went to Indians, so atleast 200,000 Indians entered US between 1999 when these people filed their Green Cards most of them filed under EB-3, b'cause retrogression wasn't there and everthing was current, lot of people, who were in the states where labor took less time, kept getting their green cards, in the meantime a huge chunk of people from states like NJ, NY, TX, CA got stuck at the labor stage with PD in 2000 and up. So basically lot of 2002 & above got cleared but these people with older PDs were stuck. Now when these Labors are cleared, with just 3300 Green Card numbers every year, it'll take 20 years or more for EB-3 cut-off dates to move to 2009.
Can you tell me why EB3 is lagging so much
I hope I had got answer to this question ? I am still searching and been doing for last 2 1/2 years from the time I joined IV.
Can you tell me why EB3 is lagging so much
I hope I had got answer to this question ? I am still searching and been doing for last 2 1/2 years from the time I joined IV.
more...
house I#39;m getting a lack/white
grupak
08-05 09:50 AM
We received our two year EAD from TSC on August 4th. RD and ND June 18th. No worries for two years.
BTW my PD has been current since August 1.
BTW my PD has been current since August 1.
tattoo Siberian Husky, lack and
sys_manus
02-07 11:46 PM
...this is what I call washing one's dirty linen in public...
..peace
..peace
more...
pictures She is lack and white with
desi3933
06-28 09:39 AM
desi3933,
Your points well taken. However all the arguments you are saying about H1B is the practical way employers do their hiring. However as per law they cannot discriminate based on immigration status including H1B. Employers cannot even ask the candidate to have a particular type of work authorization.
Let me ask you a straight question -
Are you suggesting the employer is required, by law, to file for H-1B sponsorship for the job applicant?
.
Your points well taken. However all the arguments you are saying about H1B is the practical way employers do their hiring. However as per law they cannot discriminate based on immigration status including H1B. Employers cannot even ask the candidate to have a particular type of work authorization.
Let me ask you a straight question -
Are you suggesting the employer is required, by law, to file for H-1B sponsorship for the job applicant?
.
dresses Black and White, Blue Eyes
beppenyc
06-21 04:18 PM
Answering for Logiclife, whose time zone is a couple hours behind.
CIR will likely not be VOTED dead. There just will not be anything done about naming a Conference committee. If a committee is indeed named, but they don't produce a report in 2-3 weeks, then CIR would be deemed dead.
The bottom line is, if nothing happens by the end of July, CIR will likely be dead.
We will be looking at other options much before the end of July. The problem for us is that no other legislation will be considered before the end of July.
Well, hearing is in august, that means that the CIR for this year is dead.
CIR will likely not be VOTED dead. There just will not be anything done about naming a Conference committee. If a committee is indeed named, but they don't produce a report in 2-3 weeks, then CIR would be deemed dead.
The bottom line is, if nothing happens by the end of July, CIR will likely be dead.
We will be looking at other options much before the end of July. The problem for us is that no other legislation will be considered before the end of July.
Well, hearing is in august, that means that the CIR for this year is dead.
more...
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panky72
09-17 05:42 PM
applied july 12 NSC, called IO today and got receipt no LIN-07259XXXXX eneterd into system on sept 13th. Checks not cashed yet!!!
girlfriend Blue eyes
gc28262
08-26 05:21 PM
Does anyone know?
I think you can apply for H1 extension as early as 6 months before the expiry.
Your company would definitley know that.
I think you can apply for H1 extension as early as 6 months before the expiry.
Your company would definitley know that.
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desi3933
06-26 10:06 AM
The way i understand this, not all companies are bound by the EOE laws.
Certain conditions have to be met to be considered an EOE.
Not every employer is an equal opp employer, so those guys can hire whoever they want.
Besides hiring folks on h1b, etc could add to costs for employers. So they choose not to employ such folks.
>> not all companies are bound by the EOE laws.
Incorrect
All US Employers (that have 15 or more employees) must follow labor laws. EOE applies to all of them.
Read more for yourself
Federal Laws Prohibiting Job Discrimination: Questions And Answers (http://www.eeoc.gov/facts/qanda.html)
However, this is for lawful authorized workers only. In other words, one can not force employer to file for H-1B or any other work visa. At the end of H-1B petition date, employer can not be asked to extend H-1B. That is employer's choice.
But, once hired, H-1B employee can not be discriminated with other workers for equal opportunities in training, job promotions, and work conditions.
________________________
Not a legal advice.
US citizen of Indian origin
Certain conditions have to be met to be considered an EOE.
Not every employer is an equal opp employer, so those guys can hire whoever they want.
Besides hiring folks on h1b, etc could add to costs for employers. So they choose not to employ such folks.
>> not all companies are bound by the EOE laws.
Incorrect
All US Employers (that have 15 or more employees) must follow labor laws. EOE applies to all of them.
Read more for yourself
Federal Laws Prohibiting Job Discrimination: Questions And Answers (http://www.eeoc.gov/facts/qanda.html)
However, this is for lawful authorized workers only. In other words, one can not force employer to file for H-1B or any other work visa. At the end of H-1B petition date, employer can not be asked to extend H-1B. That is employer's choice.
But, once hired, H-1B employee can not be discriminated with other workers for equal opportunities in training, job promotions, and work conditions.
________________________
Not a legal advice.
US citizen of Indian origin
desi3933
05-11 05:16 PM
we are talking about inclusion logic here. Not the exclusion logic.
I do see in sec 203 how some one becomes eligible for "eb quota". I dont see ebdependents there. I see only eb primary.
I am sorry, I am not interested to carry this debate forward for the fun of debating. I strongly urge you to read sec 203. Thanks for understanding.
Read for yourself.
INA 203(d) Treatment of family members
A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 1101(b)(1) of this title shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c) of this section, be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.
This means that if primary beneficiary is using visa number from EB(2) classification then dependent(s) will also be using same classification as primary beneficiary (i.e. EB(2) in this example).
______________________
Not a legal advice
US citizen of Indian origin
I do see in sec 203 how some one becomes eligible for "eb quota". I dont see ebdependents there. I see only eb primary.
I am sorry, I am not interested to carry this debate forward for the fun of debating. I strongly urge you to read sec 203. Thanks for understanding.
Read for yourself.
INA 203(d) Treatment of family members
A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 1101(b)(1) of this title shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c) of this section, be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.
This means that if primary beneficiary is using visa number from EB(2) classification then dependent(s) will also be using same classification as primary beneficiary (i.e. EB(2) in this example).
______________________
Not a legal advice
US citizen of Indian origin
apahilaj
08-01 12:24 PM
Dear all,
I was wondering if any one on this forum has filed his/her AOS with NSC and their case will be transferred to TSC (due to I140 approved from TSC) and has got the filing receipts yet?
My application (based on lawyer's email) should have reached NSC on July 2nd, but haven't got the checks cashed yet or got the receipts yet...
I was wondering that my case will most likely be transferred to TSC from NSC. I am thinking lot of guys are in same situation as me, but have you guys received any receipt yet?
Thanks and good luck!
I was wondering if any one on this forum has filed his/her AOS with NSC and their case will be transferred to TSC (due to I140 approved from TSC) and has got the filing receipts yet?
My application (based on lawyer's email) should have reached NSC on July 2nd, but haven't got the checks cashed yet or got the receipts yet...
I was wondering that my case will most likely be transferred to TSC from NSC. I am thinking lot of guys are in same situation as me, but have you guys received any receipt yet?
Thanks and good luck!
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