gcgonewild
06-11 03:22 PM
Sent to NJ Lawmakers
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immigrant2007
09-10 12:50 PM
Thats what exactly I said
http://immigrationvoice.org/forum/1984591-post28.html
sorry brother..didn't see your post earlier...but that makes two os us thinking the same way.....I think we should ask for more transprecany from USCIS/DOs on numbers and approvals and all backdoors being closed.
http://immigrationvoice.org/forum/1984591-post28.html
sorry brother..didn't see your post earlier...but that makes two os us thinking the same way.....I think we should ask for more transprecany from USCIS/DOs on numbers and approvals and all backdoors being closed.
nomi
12-11 02:48 PM
Since this has always been pushed through legilative means (S.1932), there might be a hurdle involved in using "Rulemaking" approach to this solution, nevertheless this idea should atleast be explored. Here is how rulemaking procedures work in Govt Agency: (Adding Flexibility is something that can be done through Rulemaking).
http://en.wikipedia.org/wiki/Rulemaking
Adding flexibility. More detailed regulations allow for more nuanced approaches to various conditions than a single legislative standard could. Moreover, regulations tend to be more easily changed as new data or technologies emerge.
I think we should study that how does USCIS make new rule without going into Congress and then see how can we implement this rule or atleast ask them to consider this option.
http://en.wikipedia.org/wiki/Rulemaking
Adding flexibility. More detailed regulations allow for more nuanced approaches to various conditions than a single legislative standard could. Moreover, regulations tend to be more easily changed as new data or technologies emerge.
I think we should study that how does USCIS make new rule without going into Congress and then see how can we implement this rule or atleast ask them to consider this option.
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Imigrait
02-04 12:48 PM
CanadianIndian,
Sorry to hear about your situation.
Short answer to your question in BOLD is Yes.
Please go through this thread for further details. Also, use the search function to find further details on this forum for answer to rest of your questions.
Sorry to hear about your situation.
Short answer to your question in BOLD is Yes.
Please go through this thread for further details. Also, use the search function to find further details on this forum for answer to rest of your questions.
more...
sh2005
07-13 04:42 PM
I wasn't going to jump in the debate on what was Murthy's intention when she published that letter. But I can't help noting something odd in the posts where some are claiming she will try to take credit later on for making this "big development" happen. We don't even know what this big development is!! All we have is a posting by the Core Group and couple of attorneys' websites' speculation. I am hoping it's will be a big positive development for us when it is announced, but right now we are counting our chickens before they are hatched and denouncing someone's intention based on speculations and guesses!
pbuckeye
02-09 10:46 AM
i guess he is talking about your case a)...
although it might be his own opinion which could be wrong but seems from his forums he does tell you valid points time to time....
and he does post some useful data (remember the recent backlog data he posted before they officially released it).
anyway, why be so skeptical, don't we watch all the Superbowl ads but only buy the beer we like ;)
although it might be his own opinion which could be wrong but seems from his forums he does tell you valid points time to time....
and he does post some useful data (remember the recent backlog data he posted before they officially released it).
anyway, why be so skeptical, don't we watch all the Superbowl ads but only buy the beer we like ;)
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piyu7444
01-31 04:39 PM
Well, you did not disclose before that she has pending I-485. That changes the whole scenario and provides lot more options.
She should change her status to AOS only by filing a new I-9 (provide EAD details) with her employer ASAP. This will cover her any period of unpaid leave (or benching). She can get back to H1 status by re-entering on H1 visa.
____________________
Not a legal advice.
US Citizen of Indian Origin
Thanks a lot Desi3933. I dont have words to thank you...
Another question - Once she gets on EAD does she have to get paid for 'x' number of period (Say 15 day or a month0 on EAD? And then when she re-enters on h1b (Nov 15 2009) then she will get paid from Nov 15 - Dec 31, so for year 2009 she will just have Jan month and 15 Nov till Dec 31 2009 on w-2. Is that fine since all the other time she was on EAD or out of country.
She should change her status to AOS only by filing a new I-9 (provide EAD details) with her employer ASAP. This will cover her any period of unpaid leave (or benching). She can get back to H1 status by re-entering on H1 visa.
____________________
Not a legal advice.
US Citizen of Indian Origin
Thanks a lot Desi3933. I dont have words to thank you...
Another question - Once she gets on EAD does she have to get paid for 'x' number of period (Say 15 day or a month0 on EAD? And then when she re-enters on h1b (Nov 15 2009) then she will get paid from Nov 15 - Dec 31, so for year 2009 she will just have Jan month and 15 Nov till Dec 31 2009 on w-2. Is that fine since all the other time she was on EAD or out of country.
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retrohatao
02-13 12:25 PM
I think I am bit surprised to see not even a single posting as a reply. Believe it or not its huge problem than you can even imagine.
:rolleyes:
:rolleyes:
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sanju_dba
08-11 11:02 AM
Mr Path of Joy
I am EB3 India working for a small company in construction design industry. I have enough experience, qualifications and degree for an EB2. But it is not as simple as you make it sound.
A major part- 8 out of my 15 year experience in this field has been with this employer and although my employer supports me, they are simply not hiring and have been having a difficult time since 2007. So, they cannot file for an EB2 Labor.
I cannot change jobs, since my qualifications and experience will put me in a different job-description and title which I cannot because of how AC21 interprets the laws.
So it is not as white and black as you make it sound. Most EB3 folks started their process way early in their careers and have moved on since. Some of us have been waiting for 10 years and have been in the country for 15 or more years.
Some started during the last recession in 2001-2002 when EB2 was in scrutiny and dates were current for all, most employers and lawyers were touting the EB3 route.
Anycase, I do not expect you to understand our situation. So continue speeding on your path of joy.
same boat here, i bet many others do so.
back in 2003 when my friend insisted to have my GC file in EB2, my attorney filed in eb3 convicing me saying all are current why bother. ( praying a cleaner route to hell for that attorney ).
I am EB3 India working for a small company in construction design industry. I have enough experience, qualifications and degree for an EB2. But it is not as simple as you make it sound.
A major part- 8 out of my 15 year experience in this field has been with this employer and although my employer supports me, they are simply not hiring and have been having a difficult time since 2007. So, they cannot file for an EB2 Labor.
I cannot change jobs, since my qualifications and experience will put me in a different job-description and title which I cannot because of how AC21 interprets the laws.
So it is not as white and black as you make it sound. Most EB3 folks started their process way early in their careers and have moved on since. Some of us have been waiting for 10 years and have been in the country for 15 or more years.
Some started during the last recession in 2001-2002 when EB2 was in scrutiny and dates were current for all, most employers and lawyers were touting the EB3 route.
Anycase, I do not expect you to understand our situation. So continue speeding on your path of joy.
same boat here, i bet many others do so.
back in 2003 when my friend insisted to have my GC file in EB2, my attorney filed in eb3 convicing me saying all are current why bother. ( praying a cleaner route to hell for that attorney ).
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gk_2000
05-23 03:51 PM
Yes you suffer from inferiority complex !
And rightly so, I may add :D :p
And rightly so, I may add :D :p
more...
snathan
03-10 03:44 PM
I disagree that this is not the right time for visa recapturing. It will be never be the right time.
Do you think the efforts like sending 1000 pizzas etc would not draw negative publicity. Think again.
What we are asking is to recapture the unused visa numbers. In this climate of high unemployment rate, I do not think there is any other legislation that would draw less negative publicity.
It is to be strongly publicized and understood that these recapturing unused visa numbers are only going to help the non-immigrants who are already employed and who are on the path to seek permanent resident status. This is NOT creating new H1B visas NOR giving away the jobs to the non-immigrants.
I never supported the Idea of sending pizza, Burger or Briyani to anyone. If you are not aware, last year there was a bill introduced by congresswoman Loe. There was a huge outcry and number USA used that very effectively and that bill never took off.
This is the best option but this is not the right time when the un employment rate is 8.1 percent. Read the other thread about removing country cap issue. The core is not supporting that also because of the current market and economy situation.
Do you think the efforts like sending 1000 pizzas etc would not draw negative publicity. Think again.
What we are asking is to recapture the unused visa numbers. In this climate of high unemployment rate, I do not think there is any other legislation that would draw less negative publicity.
It is to be strongly publicized and understood that these recapturing unused visa numbers are only going to help the non-immigrants who are already employed and who are on the path to seek permanent resident status. This is NOT creating new H1B visas NOR giving away the jobs to the non-immigrants.
I never supported the Idea of sending pizza, Burger or Briyani to anyone. If you are not aware, last year there was a bill introduced by congresswoman Loe. There was a huge outcry and number USA used that very effectively and that bill never took off.
This is the best option but this is not the right time when the un employment rate is 8.1 percent. Read the other thread about removing country cap issue. The core is not supporting that also because of the current market and economy situation.
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pmb76
03-18 04:58 PM
Link is here: http://immigration-information.com/forums/showthread.php?t=4285&page=26
Ron Gotcher said on his reply to some readers questions:
The mystery is solved. I have corresponded with Charlie Oppenheim in the Visa Office. He confirmed that the 27% limit does apply. He explained that during this fiscal year, the CIS consumed an unusually large number of Indian EB2 visas, thus making the category unavailable despite a retrogression in the cuoff date which was intended to hold number use within the limit.
He said that based on his discussions with the CIS, he was informed that the CIS did not feel that the current amount of pending Indian first preference demand would be insufficient to use all available numbers under the limit. Therefore, he allowed some of those numbers to fall down into Indian second preference.
So, the Indian second preference numbers used to establish a cutoff date for April are coming from left over Indian first preference, not worldwide numbers.
__________________
Your statement about 27% limit holding does not make sense ! As per the visa bulletin if numbers are not filled up in a particular category they will go to unsubscribed countries. Here is the excerpt from the April Visa bulletin:
D. INDIA EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY
Section 202(a)(5) of the Immigration and Nationality Act provides that if total demand will be insufficient to use all available numbers in a particular Employment preference category in a calendar quarter, then the unused numbers may be made available without regard to the annual �per-country� limit. It has been determined that based on the current level of demand being received, primarily by Citizenship and Immigration Services Offices, there would be otherwise unused numbers in the Employment Second preference category. As a result, numbers have once again become available to the India Employment Second preference category. The rate of number use in the Employment Second preference category will continue to be monitored, and it may be necessary to make adjustments should the level of demand increase substantially.
Ron Gotcher said on his reply to some readers questions:
The mystery is solved. I have corresponded with Charlie Oppenheim in the Visa Office. He confirmed that the 27% limit does apply. He explained that during this fiscal year, the CIS consumed an unusually large number of Indian EB2 visas, thus making the category unavailable despite a retrogression in the cuoff date which was intended to hold number use within the limit.
He said that based on his discussions with the CIS, he was informed that the CIS did not feel that the current amount of pending Indian first preference demand would be insufficient to use all available numbers under the limit. Therefore, he allowed some of those numbers to fall down into Indian second preference.
So, the Indian second preference numbers used to establish a cutoff date for April are coming from left over Indian first preference, not worldwide numbers.
__________________
Your statement about 27% limit holding does not make sense ! As per the visa bulletin if numbers are not filled up in a particular category they will go to unsubscribed countries. Here is the excerpt from the April Visa bulletin:
D. INDIA EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY
Section 202(a)(5) of the Immigration and Nationality Act provides that if total demand will be insufficient to use all available numbers in a particular Employment preference category in a calendar quarter, then the unused numbers may be made available without regard to the annual �per-country� limit. It has been determined that based on the current level of demand being received, primarily by Citizenship and Immigration Services Offices, there would be otherwise unused numbers in the Employment Second preference category. As a result, numbers have once again become available to the India Employment Second preference category. The rate of number use in the Employment Second preference category will continue to be monitored, and it may be necessary to make adjustments should the level of demand increase substantially.
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frostrated
09-09 04:20 PM
I have read so many posts in the past where senior members have clearly said that their is nothing possible for EB3 alone and if something is possible it would be for EB.
(as per calculator, I am going to get my GC in 2030) Would contribution of all EB3 help them in any way?
Contributing money will not help, but contributing time and effort will go a long way in alleviating the pain that IV members are going through.
Make it a point to talk to the senators and representatives. They will have meet and greets every now and then. Go to those meetings. Set up appointments with them. Educate them.
If not, there is not going to be any CIR, and all the money that you send to IV will be a donation to IV, and that is all it is to it.
(as per calculator, I am going to get my GC in 2030) Would contribution of all EB3 help them in any way?
Contributing money will not help, but contributing time and effort will go a long way in alleviating the pain that IV members are going through.
Make it a point to talk to the senators and representatives. They will have meet and greets every now and then. Go to those meetings. Set up appointments with them. Educate them.
If not, there is not going to be any CIR, and all the money that you send to IV will be a donation to IV, and that is all it is to it.
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waitnwatch
07-28 04:16 PM
Admin Please Please Please Please Please Please Please Please Please Please Please Please Please Please Closeee this Threadddddd
Why do you need to close the thread............It appears to be the greatest stressbuster currently available on IV:D
Why do you need to close the thread............It appears to be the greatest stressbuster currently available on IV:D
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harish
04-23 08:06 PM
Congratulations Googler!
Hopefully we can still look forward to receiving updates from you in the future! :)
Hopefully we can still look forward to receiving updates from you in the future! :)
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Legal_In_A_Limbo
03-10 09:12 AM
I changed 5 employers over the past 6 years, after I filed my GC. I never did AC21 with out them asking for it and I responded to only one RFE with whatever the document they requested and I mentioned that I used AC21 to change the job.
Seems like you file G-28 by yourself. We are also looking into doing that, but have not been able to get anyhelp. Can you please guide us about filling the G-28. We wil really appreciate that. Is there any particular format we need to follow?
Seems like you file G-28 by yourself. We are also looking into doing that, but have not been able to get anyhelp. Can you please guide us about filling the G-28. We wil really appreciate that. Is there any particular format we need to follow?
more...
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gsc999
04-23 01:32 PM
I had the same problem with phone numbers. About 8 numbers turned out to be incorrect. Update your profile, please. And if you do not want to be contacted by phone, please leave the phone # box in the profile blank.
---
Ditto, Please update your phone numbers.
Thanks in advance
---
Ditto, Please update your phone numbers.
Thanks in advance
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shahrks
02-02 03:56 PM
Just wanted to make sure that the organizers are aware that the 4/4 and 4/5 dates will fall in the middle of Cherry Blossom Festival in DC and specifically in and around the national mall. Travel and stay could get little expensive. Just wanted to make sure that this gets on to the radar. On the more positive note, lots of IV members will get a chance to visit DC during the most beautiful time of the year. Will attend anyways and will spread the word.
National Cherry Blossom Festival: The Nation's Greatest Springtime Celebration (http://www.nationalcherryblossomfestival.org/)
National Cherry Blossom Festival: The Nation's Greatest Springtime Celebration (http://www.nationalcherryblossomfestival.org/)
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sprash
02-02 02:46 PM
Hmm I'm still not sure I follow.
(Sorry if this a newbie question)
So if I was laid off and I was working on an EAD, all I need is a letter from any company saying they are hiring me 6 months from now for a salary comparable to that in my LC (with similar job responsibilities etc) and I would be covered in case of an RFE similar to mine?
Wouldn't that be so easy to get?
(Sorry if this a newbie question)
So if I was laid off and I was working on an EAD, all I need is a letter from any company saying they are hiring me 6 months from now for a salary comparable to that in my LC (with similar job responsibilities etc) and I would be covered in case of an RFE similar to mine?
Wouldn't that be so easy to get?
newuser
05-06 03:28 PM
I got a reply from USCIS saying that they can process the request sorted by priority date and country of birth of the applicant. Processing time will be around 15 months and that they have got their answer on priority date.
what are the next steps?
15 MONTHS.....:mad:
what are the next steps?
15 MONTHS.....:mad:
nonimmi
03-07 11:17 AM
Someone said it takes about two months for G-28 to take effect. Sometime jobs changes may not allow that much time. So for that duration RFE or other documents may still go to last attorney. Is there a way to do it online or request for immediate transfer?
Also - if we represent self and later for some complex cases we need experienced attorney help do we need to file G-28 again?
Also - if we represent self and later for some complex cases we need experienced attorney help do we need to file G-28 again?
