obviously
03-08 08:53 AM
and reduce your depression!
http://immigrationvoice.org/forum/sh...?t=3361&page=2
http://immigrationvoice.org/forum/sh...?t=3361&page=2
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Sachin_Stock
09-25 12:34 PM
Here's what the law says:
8 CFR 204.5(e) relating to PD transfer between eb categories
(e) Retention of section 203(b) (1), (2), or (3) priority date. A petition approved on behalf of an alien under sections 203(b) (1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b) (1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b) (1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) or 205 of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.
I hope that clears the air.
8 CFR 204.5(e) relating to PD transfer between eb categories
(e) Retention of section 203(b) (1), (2), or (3) priority date. A petition approved on behalf of an alien under sections 203(b) (1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b) (1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b) (1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) or 205 of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.
I hope that clears the air.
abhisam
07-15 12:42 AM
I have finally received my FP notice today for my I-485. My case was NSC-CSC-NSC. Never made any service request.
I have recently applied (paper based) for renewal of EAD and AP. Not sure if that triggered the FP notice.
I wish good luck to those who are still waiting for FP notice.
When did u apply for your ead? i am in the same boat and have filed for paper based EAD. hope to get my fp notice soon.
I have recently applied (paper based) for renewal of EAD and AP. Not sure if that triggered the FP notice.
I wish good luck to those who are still waiting for FP notice.
When did u apply for your ead? i am in the same boat and have filed for paper based EAD. hope to get my fp notice soon.
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gauravster
07-08 03:48 PM
I am bringing these out not because I am opposed to equal treatment of folks on H1/ EAD etc - but because there are legitimate arguments both ways and unless we can prove unequivocally that there is gross miscarriage of justice in denying us this right and on the other hand - there is no disadvantage caused to anybody else by granting us this right - this idea is unlikely to see the light of the day
while i am happy to be proven wrong - i do not see anyone in this forum having a stomach for a protracted legal battle starting with lower courts and going all the way to Supreme Court - going back to my previous point - we do not see this as a "larger than me" cause
Incorrect words used by me, I did not mean that supreme court gave authority, but that supreme court did not find that discrimination based on country of origin for immigrants violates the basic tenents of this countries constitution.
I am not saying that this is a case on employers. If at all it would be a case against the discriminatory laws of the congress which allow someone to stay indefinitely but, do not allow them to work.
If a case like this is filed, I do not think, I do not see it going to be a proteacted battle. If enough coverage is given, the lawmakers might sit down and fix the problem or atleast have a quick temporary fix. Maybe even lawmakers might not be needed, just the DOJ would might update the rules (which it is allowed in case it determines that the laws are conflicting). Most important of all, this will bring the issues on the front from being a laggard.
while i am happy to be proven wrong - i do not see anyone in this forum having a stomach for a protracted legal battle starting with lower courts and going all the way to Supreme Court - going back to my previous point - we do not see this as a "larger than me" cause
Incorrect words used by me, I did not mean that supreme court gave authority, but that supreme court did not find that discrimination based on country of origin for immigrants violates the basic tenents of this countries constitution.
I am not saying that this is a case on employers. If at all it would be a case against the discriminatory laws of the congress which allow someone to stay indefinitely but, do not allow them to work.
If a case like this is filed, I do not think, I do not see it going to be a proteacted battle. If enough coverage is given, the lawmakers might sit down and fix the problem or atleast have a quick temporary fix. Maybe even lawmakers might not be needed, just the DOJ would might update the rules (which it is allowed in case it determines that the laws are conflicting). Most important of all, this will bring the issues on the front from being a laggard.
more...
mita
08-18 11:57 AM
My husband also got welcome e-mail mentioning about ADIT processing but when he received his card there was no information regarding ADIT processing, should we do anything about it? We have no clue, please help!!!
Thanks,
Mita
I received the below emails
on 8/15 - Current Status: Card production ordered
on 8/16 - Current Status: Notice mailed welcoming the new permanent resident. On August 16, 2008, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before you get your new card call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
What is the Audit processing ?
Thanks,
Mita
I received the below emails
on 8/15 - Current Status: Card production ordered
on 8/16 - Current Status: Notice mailed welcoming the new permanent resident. On August 16, 2008, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before you get your new card call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
What is the Audit processing ?
anzerraja
07-19 08:58 PM
Thanks for your prompt response.
Will do it shortly
Goto this link https://www.google.com/accounts/ServiceLogin?service=writely&passive=true&continue=http%3A%2F%2Fdocs.google.com%2F&followup=http%3A%2F%2Fdocs.google.com%2F<mpl=homepage&nui=1
and click create account now link. Enter your existing email address. For this purpose you can create one yahoo id and use that id with password you have given. you are all set.
You would get an email to verify your email address. Once email address is verified. You can use the email id and password to login to google excel.
create an excel and share it. in the share page check the radio button "as collaborators" and check "Anyone can view this document at:" checkbox and paste the link you under that check box in this forum. Hope this helps. If you need further help, let me know
Will do it shortly
Goto this link https://www.google.com/accounts/ServiceLogin?service=writely&passive=true&continue=http%3A%2F%2Fdocs.google.com%2F&followup=http%3A%2F%2Fdocs.google.com%2F<mpl=homepage&nui=1
and click create account now link. Enter your existing email address. For this purpose you can create one yahoo id and use that id with password you have given. you are all set.
You would get an email to verify your email address. Once email address is verified. You can use the email id and password to login to google excel.
create an excel and share it. in the share page check the radio button "as collaborators" and check "Anyone can view this document at:" checkbox and paste the link you under that check box in this forum. Hope this helps. If you need further help, let me know
more...
reddymjm
06-07 10:53 AM
reddymjm,
I will have to check with my attorney. But, my I-140 approval came from TSC but my I-485 application was sent to NSC.
If anyone else has had a similar experience, please post your update here.
Thanks.
My friend got his receipt numbers from TSC yesterday. We filed on the same day, same attorney, Attorney said his will go to TSC and mine will go to NSC. His receipt numbers start with SRC... if it is NSC it will be LIN.
I will have to check with my attorney. But, my I-140 approval came from TSC but my I-485 application was sent to NSC.
If anyone else has had a similar experience, please post your update here.
Thanks.
My friend got his receipt numbers from TSC yesterday. We filed on the same day, same attorney, Attorney said his will go to TSC and mine will go to NSC. His receipt numbers start with SRC... if it is NSC it will be LIN.
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makemygc
06-22 11:05 AM
My labour and I-140 is approved last year and I am working with current employer from last 1 and half years. Employer is making good money trough me.
As now the dates are current, my employer is trying to exploit me.
He is not responding to my mails, and not picking my phone.
Last modified message which I got from him is that:
The whole financials for the company changes with filing 485 for you immediately. So, it is definitely a loss for company to process your 485 immediately.
you need to come with items that you are ready to compromise in return; so that the company also benefits by helping you."
I am very much in tension and he is talking to me.
Can someone suggest what may be the option for me?
This is really a sorry situation. On one side your employer is saying wholy company's fiancial is dependent on you and on other side he is asking how can you benefit company. There is not much you can do other than doing a sweet talk him and see if you can come up with some compromise.
He might ask you to sign some bond to stay in the company for next few years. See if you can reduce that duration as well as get the surety that will not impact your increment.
Although several people will advise you for the aggresive stance but I don't think you would like to move in that direction.
Other option is to file your I-485 youself or through some attorney ( other than your employer's), if you have the employment letter and I-140 approval.
As now the dates are current, my employer is trying to exploit me.
He is not responding to my mails, and not picking my phone.
Last modified message which I got from him is that:
The whole financials for the company changes with filing 485 for you immediately. So, it is definitely a loss for company to process your 485 immediately.
you need to come with items that you are ready to compromise in return; so that the company also benefits by helping you."
I am very much in tension and he is talking to me.
Can someone suggest what may be the option for me?
This is really a sorry situation. On one side your employer is saying wholy company's fiancial is dependent on you and on other side he is asking how can you benefit company. There is not much you can do other than doing a sweet talk him and see if you can come up with some compromise.
He might ask you to sign some bond to stay in the company for next few years. See if you can reduce that duration as well as get the surety that will not impact your increment.
Although several people will advise you for the aggresive stance but I don't think you would like to move in that direction.
Other option is to file your I-485 youself or through some attorney ( other than your employer's), if you have the employment letter and I-140 approval.
more...
realizeit
05-08 07:08 PM
I think, this argument is wrong! Legally, any descrimination based on national origin is not valid.
Even if congress passes a law, it can be challenged in court - and court can declare the law as unconstitutional based on the basic rights allowed in the constitution. If we can prove that a law is against the constitution, court can declare it as invalid.
See the Justice Departments Site validating this argument (link below):
http://www.usdoj.gov/crt/legalinfo/natorigin.php
IN US, CONSTITUTION is above, CONGRESS, JUDICIARY and EXECUTIVE branch. ALL LAWS IN the US must obey the principles laid out in the CONSTITUTION.
At present, in the United states there are 1000s of (state and federal) law provisions which acts against the constitution. Until someone challenges those, it will stay the same.
Department of Justice's CIVIL rights division will take up cases related to any discrimination based on National Origin.
In this case, one arm of the Federal goverment is discriminating us and we need to have some help from the other arm of the government (Department of Justice) and the Judicial System, to prove this discrimination.
If we can prove in a court that this is discrimination , that day onwards, country quota will become invalid. Congress has to alter the law then.
I dont believe in flower/food/sos campaigns to resolve this problem...just because it worked once before doesnt mean it is going to work again..have we pursued a class action lawsuit against Department of State/Labor/USCIS for unlawful discrimination based on the country of birth in Employment Based Visas. Any idea if IV core ever took up this path? Can we attempt to do this? What are the costs involved and can we get some good lawyer representation to this goal?
You can only go in court if some agency is not following law disigned by congress. You cannot challenge congress in Court to change law.
Please contribute / Join State chapter / join evey campaign by IV . We have plan to fight for counrty cap along with recapture and some other stuff.
So Please join and ask your friends to join.
Even if congress passes a law, it can be challenged in court - and court can declare the law as unconstitutional based on the basic rights allowed in the constitution. If we can prove that a law is against the constitution, court can declare it as invalid.
See the Justice Departments Site validating this argument (link below):
http://www.usdoj.gov/crt/legalinfo/natorigin.php
IN US, CONSTITUTION is above, CONGRESS, JUDICIARY and EXECUTIVE branch. ALL LAWS IN the US must obey the principles laid out in the CONSTITUTION.
At present, in the United states there are 1000s of (state and federal) law provisions which acts against the constitution. Until someone challenges those, it will stay the same.
Department of Justice's CIVIL rights division will take up cases related to any discrimination based on National Origin.
In this case, one arm of the Federal goverment is discriminating us and we need to have some help from the other arm of the government (Department of Justice) and the Judicial System, to prove this discrimination.
If we can prove in a court that this is discrimination , that day onwards, country quota will become invalid. Congress has to alter the law then.
I dont believe in flower/food/sos campaigns to resolve this problem...just because it worked once before doesnt mean it is going to work again..have we pursued a class action lawsuit against Department of State/Labor/USCIS for unlawful discrimination based on the country of birth in Employment Based Visas. Any idea if IV core ever took up this path? Can we attempt to do this? What are the costs involved and can we get some good lawyer representation to this goal?
You can only go in court if some agency is not following law disigned by congress. You cannot challenge congress in Court to change law.
Please contribute / Join State chapter / join evey campaign by IV . We have plan to fight for counrty cap along with recapture and some other stuff.
So Please join and ask your friends to join.
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desi3933
06-28 09:59 AM
No employer can advertise a job only for GC/Citizen unless they have a valid reason (the job needs security clearance etc.).
What are you drinking? How can GC holder get security clearance? Also, there are some jobs that may require US citizen without any requirement for security clearance. Example: Defence projects.
BTW the law does not say that authorized alien should have a work permit allowing him to work for any employer.
Read I-9 form. Employee must have work authorization before he/she can start work.
Read more here
Compliance Assistance Employment Law Guide - Authorized Workers (Non - U.S. Citizens) (http://www.dol.gov/compliance/guide/aw.htm)
My turn to ask you a proof.
Can you show me a law that says H1B can be treated differently with respect to other work authorization for hiring/firing ?
I have said before, once hired, H-1B worker enjoys same treatment as other workers for job promotions and firing.
Regarding the hiring part,
first read here about H-1 visa
H-1B Specialty (Professional) Workers (http://www.foreignlaborcert.doleta.gov/h-1b.cfm)
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.
Now, read more about H-1B LCA here
http://www.lca.doleta.gov/h1bcl_nw.pdf
Nowhere it mentions that for qualified applicant, employer has to file LCA and H-1B petition.
On the other hand, Form I-9 clearly states, that employer must verify eligibility for the employee at the time of job start.
More about LCA here
http://edocket.access.gpo.gov/cfr_2005/aprqtr/pdf/20cfr655.721.pdf
Now, if you think, even after reading these documents that employer can be forced to file for H-1B at the time of hiring, I can suggest put your question in lawyers forum.
Hopefully, you will trust lawyer more than me.
Have a good day!
What are you drinking? How can GC holder get security clearance? Also, there are some jobs that may require US citizen without any requirement for security clearance. Example: Defence projects.
BTW the law does not say that authorized alien should have a work permit allowing him to work for any employer.
Read I-9 form. Employee must have work authorization before he/she can start work.
Read more here
Compliance Assistance Employment Law Guide - Authorized Workers (Non - U.S. Citizens) (http://www.dol.gov/compliance/guide/aw.htm)
My turn to ask you a proof.
Can you show me a law that says H1B can be treated differently with respect to other work authorization for hiring/firing ?
I have said before, once hired, H-1B worker enjoys same treatment as other workers for job promotions and firing.
Regarding the hiring part,
first read here about H-1 visa
H-1B Specialty (Professional) Workers (http://www.foreignlaborcert.doleta.gov/h-1b.cfm)
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.
Now, read more about H-1B LCA here
http://www.lca.doleta.gov/h1bcl_nw.pdf
Nowhere it mentions that for qualified applicant, employer has to file LCA and H-1B petition.
On the other hand, Form I-9 clearly states, that employer must verify eligibility for the employee at the time of job start.
More about LCA here
http://edocket.access.gpo.gov/cfr_2005/aprqtr/pdf/20cfr655.721.pdf
Now, if you think, even after reading these documents that employer can be forced to file for H-1B at the time of hiring, I can suggest put your question in lawyers forum.
Hopefully, you will trust lawyer more than me.
Have a good day!
more...
guchi472000
03-26 09:41 AM
My PD is EB2 Nov 2006.
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morchu
05-08 03:46 PM
Just want to highlight a positive point. June visa bulletin shows that NONE of the visas (or very negligible) are going to be wasted this fiscal year for India. Shows increased USCIS efficiency. Hopefully it will be true for World and China as well.
more...
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nk2006
05-02 11:37 AM
Where is the relief for foreign educated professional who is filed under EB3.
They seem to exempt only for extraordinary ability ppl.
Section 201 item two says exemption for all advanced degree holder who worked in US for atleast 3 years in a "related" field. I know there might be issues with definition of "related" but seems job can be EB2/EB3 as long as the beneficiary has an advanced degree and the job is in related field - they are exempt. Am I reading it correctly? I think is how its in STEM right now. A very good back bill for us (if CIR fails to materialize).
They seem to exempt only for extraordinary ability ppl.
Section 201 item two says exemption for all advanced degree holder who worked in US for atleast 3 years in a "related" field. I know there might be issues with definition of "related" but seems job can be EB2/EB3 as long as the beneficiary has an advanced degree and the job is in related field - they are exempt. Am I reading it correctly? I think is how its in STEM right now. A very good back bill for us (if CIR fails to materialize).
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anzerraja
07-20 02:36 PM
See my other post. People responded very specifically because this drive was directed towards a certain cause. I think we need to respect that.
Zoooom, Anzeraja & All pledgers,
Thanks for driving this effort. Subsequent to Aman's post, we can direct these pledges to the normal contribution drive for IV.
It was amazing to see such response to call for funds for Aman and other core members.
Zoooom, Anzeraja & All pledgers,
Thanks for driving this effort. Subsequent to Aman's post, we can direct these pledges to the normal contribution drive for IV.
It was amazing to see such response to call for funds for Aman and other core members.
more...
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pappu
03-10 11:43 PM
Here is my story...When I came here 12 years back, for initial 3 years I did not applied for GC. Then I started my GC with a employer, company lawyer kept on saying that he filed my GC for one & half year but he did not...One fine morning, I realized that my lawyer was seating on my papers as per instructions from HR..lost around 2 years there. After talking to HR, lawyer filed LC and LC was approved thereafter two & half years..Unfortunatley, at the time of filing I-140, company declared "Bankruptcy" and once agian I was on the road. Joined new employer. New employer said I have to complete one year to file GC. After one year filed LC, my I-140 approved and last FOUR years on EAD. This roller coster is because of...I am from "Retrogressed" conuthry and PD is getting retrogressing now & then...
Still feels that GC is just a part of journey of my life...
pls submit your story in 'tell your story' thread if you are interested in being interviewd. we need many compelling stories for media all the time.
INfact a lot of members here have told their stories. All please consider adding them in 'tell your story ' thread.
currently we have an opportunity with a very high profile magazine that wants to do a story. We have been unable to find the right story as per the reporter's need in that thread. ONly a few members have added their story. Pls add your story asap
Still feels that GC is just a part of journey of my life...
pls submit your story in 'tell your story' thread if you are interested in being interviewd. we need many compelling stories for media all the time.
INfact a lot of members here have told their stories. All please consider adding them in 'tell your story ' thread.
currently we have an opportunity with a very high profile magazine that wants to do a story. We have been unable to find the right story as per the reporter's need in that thread. ONly a few members have added their story. Pls add your story asap
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chmur
07-26 01:05 PM
If I am not wrong, it is more to do with a rule interpretation change by USCIS.
Insuppose the most feasible solution for the ones that are really bothered and have a chance is to do a EB2 porting. EB3 is like the slow lane. EB2 also used to be like that but benefited from the change in spillover.
EB3 best chance is to have the Visa Recapture which is already being pursued or have some other legislative fix.
----
Not a lawyer.
EB3 May 2006
Contributed $100
EB3-I 's best chance in the current context , in the order of faster results,
1. Port to EB2 , If possible
2. Lobby to change spill over distribution. USCIS has been inconsistent over the years. So we need to lobby hard and impress upon them that this year distribution algorithm is unfair .who knows it can change again next year , this time a more balanced one ..
3. Recapture effort: This is a big one and we need to support carry out the tasks assigned by IV and other biggies .
IMO, No genuinely concerned fellow mate should advise EB3-I's to support only recapture effort.
Insuppose the most feasible solution for the ones that are really bothered and have a chance is to do a EB2 porting. EB3 is like the slow lane. EB2 also used to be like that but benefited from the change in spillover.
EB3 best chance is to have the Visa Recapture which is already being pursued or have some other legislative fix.
----
Not a lawyer.
EB3 May 2006
Contributed $100
EB3-I 's best chance in the current context , in the order of faster results,
1. Port to EB2 , If possible
2. Lobby to change spill over distribution. USCIS has been inconsistent over the years. So we need to lobby hard and impress upon them that this year distribution algorithm is unfair .who knows it can change again next year , this time a more balanced one ..
3. Recapture effort: This is a big one and we need to support carry out the tasks assigned by IV and other biggies .
IMO, No genuinely concerned fellow mate should advise EB3-I's to support only recapture effort.
more...
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DianaSteve
03-10 12:27 AM
I believe when you get a promotion a new H1B has to be filed and that is hurdle in many aspects. Or what if the company is small and there is nothing to aspire for... like me?
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Libra
08-13 03:23 PM
Your signature shows you got saved by IV efforts, so what is your effort to support IV? Please contribute for sept rally in DC. Thanks.
I-140 approved from Texas.
I-140 approved from Texas.
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grupak
12-16 10:47 AM
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?
The situation is depressing but I don't intent to accept it laying back. I want to fight it. Years from now looking back I will be happy that I did what I could to fight it.
IV gives me the framework to fight effectively.
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?
The situation is depressing but I don't intent to accept it laying back. I want to fight it. Years from now looking back I will be happy that I did what I could to fight it.
IV gives me the framework to fight effectively.
Gravitation
05-10 02:20 AM
I had asked about this earlier too. Can one buy a business and sponsor others om H1-B when one is on H1B ?
yes
yes
rameshvaid
11-18 08:04 AM
Done!!!!
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