gaz
04-20 12:15 PM
it may be so in some scenarios - but i'm not sure if thats the rule rather than the exception. but then again - i'm speaking from my limited experience in this area, which does not include a consultant position (have always been a full time employee), and could very well be wrong about how this works in the consulting world.
my intention is not to preach - just bringing up what i've been told and have read on IV regarding the letter and spirit of the law around filing - and that the OP should be aware of this before deciding on a course of action.
Sure. h-1b is now; labor is what you are going to do when greencard gets approved.
try telling a consultant who is qualified for eb2 that the job dictates it is eb3 and they won't sleep or eat -:).
Reality of the process and how it works is quite different. If you really wanted to pick on things; DOL assessment of education and experience dictate that all of the IT positions should not require more then bachelors and four years of experience (ever IT labor filed with eb2 requirements it to be answered that the job requirements are NOTnormal for the positoin.
If companies don't want to file eb2 then employee will not stay (they cannot fathom waiting 10 years for greencard).
Maybe people don't want to hear this but that is reality of the situation.
my intention is not to preach - just bringing up what i've been told and have read on IV regarding the letter and spirit of the law around filing - and that the OP should be aware of this before deciding on a course of action.
Sure. h-1b is now; labor is what you are going to do when greencard gets approved.
try telling a consultant who is qualified for eb2 that the job dictates it is eb3 and they won't sleep or eat -:).
Reality of the process and how it works is quite different. If you really wanted to pick on things; DOL assessment of education and experience dictate that all of the IT positions should not require more then bachelors and four years of experience (ever IT labor filed with eb2 requirements it to be answered that the job requirements are NOTnormal for the positoin.
If companies don't want to file eb2 then employee will not stay (they cannot fathom waiting 10 years for greencard).
Maybe people don't want to hear this but that is reality of the situation.
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spicy_guy
05-21 01:13 PM
I copied and pasted the post and sent it to few friends who live in DC and in tri-state area.
I think we can post it on the active immigration related forums...
It can be by any active member of such forums.. (Murthy.com, .com, immigrationlist.com, etc)
I think we can post it on the active immigration related forums...
It can be by any active member of such forums.. (Murthy.com, .com, immigrationlist.com, etc)
zeusjerry
03-27 11:05 AM
How about getting somebody who already got his green card, and after getting the card created jobs or did some inventions.
In such a case, we can definitely contact some of the desi CEO's etc. I am sure that they will be sympathetic to our case ??
In such a case, we can definitely contact some of the desi CEO's etc. I am sure that they will be sympathetic to our case ??
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drona
07-10 10:30 AM
Location Date Local Time Description
LANDOVER, MD 07/10/2007 6:30 A.M. OUT FOR DELIVERY
LAWNSIDE, NJ 07/10/2007 5:00 A.M. ARRIVAL SCAN
LAWNSIDE, NJ 07/10/2007 2:29 A.M. DEPARTURE SCAN
LAWNSIDE, NJ 07/09/2007 11:39 P.M. ARRIVAL SCAN
SADDLE BROOK, NJ 07/09/2007 9:48 P.M. DEPARTURE SCAN
SADDLE BROOK, NJ 07/09/2007 8:57 P.M. ORIGIN SCAN
:)
LANDOVER, MD 07/10/2007 6:30 A.M. OUT FOR DELIVERY
LAWNSIDE, NJ 07/10/2007 5:00 A.M. ARRIVAL SCAN
LAWNSIDE, NJ 07/10/2007 2:29 A.M. DEPARTURE SCAN
LAWNSIDE, NJ 07/09/2007 11:39 P.M. ARRIVAL SCAN
SADDLE BROOK, NJ 07/09/2007 9:48 P.M. DEPARTURE SCAN
SADDLE BROOK, NJ 07/09/2007 8:57 P.M. ORIGIN SCAN
:)
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Sree Swathi
04-21 01:49 PM
thanks Michael chertoff
Not baby sitter. I want to take care of my parents.
it is part of our culture, we all live together forever.
Not baby sitter. I want to take care of my parents.
it is part of our culture, we all live together forever.
sc3
11-15 06:05 PM
If you were not told the correct bill rate, you can recover that money. Simply ask them in writing to show you the contract since you are on 70/30 basis. The written contracts, oral contracts, emails all stand in the court but how will you prove an oral contract? If you have found an offer that meets your expectations just quit. We all make the same mistakes. We spend our time on working out things where they are not working. Just "quietly" without your employer getting a hint, find a job and quit.
Bill rate? 70/30 basis?? Contract??? I would like the OP to report his employer to DoL. DoL and USCIS will kick both the OP and the employer. It is easy to get carried away saying that the employer is blood sucker etc. But very clearly, you should know that there can't be these kinds of contracts on H1. The employer knows that people who go to them are on thin ice, and so does the employee (employer is there to do business -- he is not running charity).
Maybe you guys want OP to go to DoL so that both the employer and OP get kicked out of this country (that is good for all of us) due to obvious immigration fraud.
To top it, OP goes on an offensive when people point of the bitter truth to him. This site should not promote illegal behavior, anybody seeking advise on these topics should be severely castigated, because they broke the law too (and they know it, just dont want to admit it). Or maybe we should encourage these people to report to DoL so that all of them can be punished for misusing the laws.
Bill rate? 70/30 basis?? Contract??? I would like the OP to report his employer to DoL. DoL and USCIS will kick both the OP and the employer. It is easy to get carried away saying that the employer is blood sucker etc. But very clearly, you should know that there can't be these kinds of contracts on H1. The employer knows that people who go to them are on thin ice, and so does the employee (employer is there to do business -- he is not running charity).
Maybe you guys want OP to go to DoL so that both the employer and OP get kicked out of this country (that is good for all of us) due to obvious immigration fraud.
To top it, OP goes on an offensive when people point of the bitter truth to him. This site should not promote illegal behavior, anybody seeking advise on these topics should be severely castigated, because they broke the law too (and they know it, just dont want to admit it). Or maybe we should encourage these people to report to DoL so that all of them can be punished for misusing the laws.
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potatoeater
08-03 03:51 PM
Justaju jiski thi, usko to na paya humne..
Is bahane magar dekh li duniya humne.
(Song from Umrao Jaan)
After wandering through 12 US states in past 12 years, thats what accurately sums up my quest for GC. :)
EB3 I = June '03
EB2 I = C
"Unke dekhe se jo aa jaatee hai MuNh par raunaq
Woh samjhte haiN ke beemar ka haal achaha hai
.
.
.
hamko ma'aloom hai jannat ki haqeeqat lekin
dil ke Khush rakhne ko, 'GHalib' yeh KHayaal achaha hai"
Ref: Ghazal by Mirza Ghalib :)
Is bahane magar dekh li duniya humne.
(Song from Umrao Jaan)
After wandering through 12 US states in past 12 years, thats what accurately sums up my quest for GC. :)
EB3 I = June '03
EB2 I = C
"Unke dekhe se jo aa jaatee hai MuNh par raunaq
Woh samjhte haiN ke beemar ka haal achaha hai
.
.
.
hamko ma'aloom hai jannat ki haqeeqat lekin
dil ke Khush rakhne ko, 'GHalib' yeh KHayaal achaha hai"
Ref: Ghazal by Mirza Ghalib :)
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hiralal
08-03 07:28 AM
I think once the application is pre-adjudicated...that's it!! I don't believe USCIS will spend anymore time and resources to these applications again...until a visa number is available from DOS and they apply the number to the pre-adjudicated application....my 2 cents! I agree with what you say BUT they may open the file again (to verify certain things and not just assign it a visa) once the visa number is available (I guess that is what you are trying to say) ..is that right ?
BTW - I have not read the memo in detail ...it is a waste of time
I guess the 64,000 dollar question is - how to find out if your case is pre-adjudicated ?
in summary - it is a big big muddy and dirty mess ..no wonder the right word is that the system is broken and very less immediate hope for EB-India / China
BTW - I have not read the memo in detail ...it is a waste of time
I guess the 64,000 dollar question is - how to find out if your case is pre-adjudicated ?
in summary - it is a big big muddy and dirty mess ..no wonder the right word is that the system is broken and very less immediate hope for EB-India / China
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aristotle
02-07 12:20 PM
It all depends on the job requirements. MS+0 or BS+5 is considered as EB2. May be you can get a written statement from another well known attorney to help convince yours. Or you can try to use a different attorney if your employer permits.
Thank you all for the responses.
I am EB-ROW and EB2 is current for me.
GoneSouth,
you said "you must get a job zone 5 classification to file EB-2. Note that "information technology manager" is job zone 5". I am not in a manager position. I am software engineer/developer.
Is there any way EB2 can be filed. What should I tell my compary lawyer? I told him my friends in other companies are able to file EB2. they are also software developers. He says "The other companies should not be able to file EB2 for software engineers but I can't say what another company's hiring history would allow and what they are willing to risk in filing a case which surpasses the minimum requirements allowed by DOL."
How do I convince him. Is there any documentation or link which I can show him which states that software developers can file EB2?
Thanks again all..
Thank you all for the responses.
I am EB-ROW and EB2 is current for me.
GoneSouth,
you said "you must get a job zone 5 classification to file EB-2. Note that "information technology manager" is job zone 5". I am not in a manager position. I am software engineer/developer.
Is there any way EB2 can be filed. What should I tell my compary lawyer? I told him my friends in other companies are able to file EB2. they are also software developers. He says "The other companies should not be able to file EB2 for software engineers but I can't say what another company's hiring history would allow and what they are willing to risk in filing a case which surpasses the minimum requirements allowed by DOL."
How do I convince him. Is there any documentation or link which I can show him which states that software developers can file EB2?
Thanks again all..
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pani_6
12-29 11:55 PM
This is communist "POS"(Piece of shit) propaganda..dont worry about it..People here keep telling GOD BLESS AMERICA...Thats why's America is blessed with so much power and prosperity..GOD wonders its the only country in the world that daily asks to be blessed and prints its coins with "In God we Trust"..no wonder he keeps her safe and prosperous....
GOD BLESS AMERICA!
:)
GOD BLESS AMERICA!
:)
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BharatPremi
11-08 02:32 PM
Somebody gave me "Green" with comment "Green dot - GotGC??" . Thanks. No, I am still in wait hell.
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Marphad
03-18 04:25 PM
I hope the admins keep this thread open and not kill it. I am not sure what the intentions of the OP ( some of you claimed that he wants to create a rift ), but this is definitely a valid concern for all the EB3(I) guys. This is a natural reaction to the frustrations of EB3(I) guys just like the mass upheaval during the July 2007 VB fiasco. Since it was across the board, there were no differences. Now since this involves only EB3(I), there is not much support from IV or others. But in my opinion, this is as much unfair as the Julay VB fiasco.
Some of the EB2(I) guys are worried that their GC dreams would get delayed if there is any Admin fix for EB3(I). For all those individuals in EB2(I) who want to oppose any kind of admin fix for EB3(I), I just want you to think about it. Is it really fair? There are individuals in EB3(I) waiting since 2001 - a total of 8+ years. Don't get me wrong - but some of the EB2(I) guys who have applied as late as 2006 and 2007 are expecting/hoping to get their GC this year if there is a spillover. And I think these are the individuals ( not all of the EB2 guys though ) who are opposing any kind of admin fix ( please dont yell at me or curse me etc...if you are not one among those mentioned, then please dont worry..this is not about you::) Ofcourse i would like each one of us to get GC as soon as possible) to EB3(I).
And I dont see why there will be a rift between EB2 and EB3 if each of us follows net etiquette in positng responses. Let's do some constuctive brainstoming - without getting into perosnal attacks or getting too emotional. Let's do what is right and not what each one of us thinks is right. Then I guess there wont be any rifts. The only thing I am asking is to get EB3(I) to advnace a little bit. I am not asking for it be on par with EB2(I). I hope some of you see a point in my frustration::))
Do you really want EB2(I) to advance to 2005/2006 while EB3(I) guys are still languishing in 2001? That's totally unfair in my opinion. I know this world is not fair but how can anyone else try to divide us if we all stand united? And to stand united, EB2 guys should be willing to support any initiative to help EB3(I) move from stone ages::))
Peace!
( I am getting ready with my body armour for all the brickbats various people are going to throw at me::))
Regards
I am completely with you. We should start brainstorming thread with no negative posts.
Some of the EB2(I) guys are worried that their GC dreams would get delayed if there is any Admin fix for EB3(I). For all those individuals in EB2(I) who want to oppose any kind of admin fix for EB3(I), I just want you to think about it. Is it really fair? There are individuals in EB3(I) waiting since 2001 - a total of 8+ years. Don't get me wrong - but some of the EB2(I) guys who have applied as late as 2006 and 2007 are expecting/hoping to get their GC this year if there is a spillover. And I think these are the individuals ( not all of the EB2 guys though ) who are opposing any kind of admin fix ( please dont yell at me or curse me etc...if you are not one among those mentioned, then please dont worry..this is not about you::) Ofcourse i would like each one of us to get GC as soon as possible) to EB3(I).
And I dont see why there will be a rift between EB2 and EB3 if each of us follows net etiquette in positng responses. Let's do some constuctive brainstoming - without getting into perosnal attacks or getting too emotional. Let's do what is right and not what each one of us thinks is right. Then I guess there wont be any rifts. The only thing I am asking is to get EB3(I) to advnace a little bit. I am not asking for it be on par with EB2(I). I hope some of you see a point in my frustration::))
Do you really want EB2(I) to advance to 2005/2006 while EB3(I) guys are still languishing in 2001? That's totally unfair in my opinion. I know this world is not fair but how can anyone else try to divide us if we all stand united? And to stand united, EB2 guys should be willing to support any initiative to help EB3(I) move from stone ages::))
Peace!
( I am getting ready with my body armour for all the brickbats various people are going to throw at me::))
Regards
I am completely with you. We should start brainstorming thread with no negative posts.
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Aah_GC
07-09 11:04 AM
If you click on the link called "PERM" on the left hand side - there is an MDB file called 2004 (in a zip file). Try to download an Access reader and go for it.
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desi3933
06-30 02:05 PM
To so called "freedom figher"
Court cases are filed with legal basis. Not on emotional outburst.
I suggest that you spend your $100 to get an advice from lawyer on your "points" including the meaning for "We the People".
.
Thanks for red, guys.
You are not even ready to take advice from an attorney for your "great" idea, and somehow believes that lawsuit is an easy game.
Have you have been to courthouse? Been a part of civil lawsuit? I have and I had guts to be pro-se (http://en.wikipedia.org/wiki/Per_pro).
Have a good day!
Court cases are filed with legal basis. Not on emotional outburst.
I suggest that you spend your $100 to get an advice from lawyer on your "points" including the meaning for "We the People".
.
Thanks for red, guys.
You are not even ready to take advice from an attorney for your "great" idea, and somehow believes that lawsuit is an easy game.
Have you have been to courthouse? Been a part of civil lawsuit? I have and I had guts to be pro-se (http://en.wikipedia.org/wiki/Per_pro).
Have a good day!
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Openarms
06-02 05:24 PM
The summary in OpenCongress.org says below: that means it is only for family based gc not employmement based gc?? where can we read full info??
"
This legislation would reform the family-based immigration system and speed up the process for family members of legal immigrants to secure visas. Specifically, it would reclassify spouses and children of legal immigrants as immediate relatives, raise the per-country family-sponsored immigration limits from 7 percent to 10 percent of total admissions, recapture visas that went unused in previous years due to bureaucratic errors, allow widows and spouses to remain eligible for visas after the death of a sponsoring family member, and more.
"
"
This legislation would reform the family-based immigration system and speed up the process for family members of legal immigrants to secure visas. Specifically, it would reclassify spouses and children of legal immigrants as immediate relatives, raise the per-country family-sponsored immigration limits from 7 percent to 10 percent of total admissions, recapture visas that went unused in previous years due to bureaucratic errors, allow widows and spouses to remain eligible for visas after the death of a sponsoring family member, and more.
"
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baba84
05-17 08:21 AM
looking forward to participate in the event. just registered for the event.
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jfredr
07-19 01:43 PM
EB2 Reached on 2nd @9:01 AM
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jsb
03-25 12:46 PM
Why don't we all campaign to ask for a time out on all immigration. Just stop all immigration until it is fixed. :D:D
Because accordiing to your post you want your geencard but do not want others who filed in perm to proceed further.
In my proposal, if I cannot get my greencard, then nobdy else should. This is more fair.:D
What Happyfeet has said makes logical sense, though none of the above proposals impact me. Whoever applied first, should be served first, isn't it logical? We all know, Priority Date is not used for prioritising approvals. It is just a date on your application, which can stop your application from progressing further, if looked at, at the wrong time. Why not simply ask for approving in PD order.
Because accordiing to your post you want your geencard but do not want others who filed in perm to proceed further.
In my proposal, if I cannot get my greencard, then nobdy else should. This is more fair.:D
What Happyfeet has said makes logical sense, though none of the above proposals impact me. Whoever applied first, should be served first, isn't it logical? We all know, Priority Date is not used for prioritising approvals. It is just a date on your application, which can stop your application from progressing further, if looked at, at the wrong time. Why not simply ask for approving in PD order.
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jay75
05-13 03:21 PM
As I see, most of you are missing the point. Instead of trying to understand, you showing the maturity of mind. The whole purpose of EB immigration is to meet the Demand(Job opportunities) vs the supply(immediately available candidates).
When there are a lot of opportunities exists for EB3 level(skilled profession) and less opportunities exists for EB1(Ph.D/Executive Director), USCIS should give more no. of Visas to EB3, then EB1.
A country cannot be built with only the kings, and not even a home can be built with only Ph.Ds(Nobody do the dishes).
Well said !
When there are a lot of opportunities exists for EB3 level(skilled profession) and less opportunities exists for EB1(Ph.D/Executive Director), USCIS should give more no. of Visas to EB3, then EB1.
A country cannot be built with only the kings, and not even a home can be built with only Ph.Ds(Nobody do the dishes).
Well said !
bestia
10-25 04:32 PM
....
EB3 ROW PD is back to 2002, as mentioned in this thread, however this case (like my own) highlights that you don't have to have PD current at time of GC approval. What makes this extra surprising is that this is a JULY filer (I was June).
...
wait, Franklin,
1. Did you get already your GC approved?
2. I think you DO need PD to be current for GC approval. In best case scenario, GC could be approved in matter of 10-15 days, so for July filers there were some GC numbers available, and few lucky ones got their approvals. This is how I see it... please correct me if I'm wrong.
3. It would be interesting if shimul99 would share with us as when exactly his status was adjudicated. I've read somewhere that there are cases, that people got their GCs approved by mistake and lawyers suggested to inform CIS and return the GC. These people were then having their statuses adjudicated when their PDs were becoming current.
EB3 ROW PD is back to 2002, as mentioned in this thread, however this case (like my own) highlights that you don't have to have PD current at time of GC approval. What makes this extra surprising is that this is a JULY filer (I was June).
...
wait, Franklin,
1. Did you get already your GC approved?
2. I think you DO need PD to be current for GC approval. In best case scenario, GC could be approved in matter of 10-15 days, so for July filers there were some GC numbers available, and few lucky ones got their approvals. This is how I see it... please correct me if I'm wrong.
3. It would be interesting if shimul99 would share with us as when exactly his status was adjudicated. I've read somewhere that there are cases, that people got their GCs approved by mistake and lawyers suggested to inform CIS and return the GC. These people were then having their statuses adjudicated when their PDs were becoming current.
logiclife
04-26 10:56 AM
This is the biggest media exposure so far in the print media. Another one was an article in Philadelphia inquirer.
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