gconmymind
04-30 12:37 PM
and with all the pledged money at 10K, it should get us past $10.5K. Thanks all.
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mariner5555
03-15 06:09 AM
Group:
We need to do something for sure. I know that most of EB3 folks are stuck for GC more than 7-8 years. I don't see any good progress for EB3 in the future.
I would request from everyone to wake up and take a proactive step. I am ready to give any kind of support.
The problem is most of the EB3 people are happy with their EAD's. and I guess since EB2 looks promising now - they wont care much about EB3 or retro ..so I dont think anybody is going to wake up. maybe we should go to sleep too :)
We need to do something for sure. I know that most of EB3 folks are stuck for GC more than 7-8 years. I don't see any good progress for EB3 in the future.
I would request from everyone to wake up and take a proactive step. I am ready to give any kind of support.
The problem is most of the EB3 people are happy with their EAD's. and I guess since EB2 looks promising now - they wont care much about EB3 or retro ..so I dont think anybody is going to wake up. maybe we should go to sleep too :)
bluekayal
06-30 05:18 PM
I had a 2004 PD Labor RIR and my 2006 I-140 used that labor date, because I merely mentioned to an IO at TSC that I had a previously filed labor. My lawyer was shocked when it happened...had never seen it.
So, I wonder if they used your 2004 RIR as your PD. Even then EB 2 is supposed to be unavailable. Oh well, it might help to speak to an IO to get your I-140 PD changed...maybe...
So, I wonder if they used your 2004 RIR as your PD. Even then EB 2 is supposed to be unavailable. Oh well, it might help to speak to an IO to get your I-140 PD changed...maybe...
2011 Filed in: Emo
cygent
07-18 08:29 PM
On the same evening.....Seeta and Geeta are shopping for tamarind in a nearby aisle....for some reason (I cant be more vivid than this) they notice eachothers tatto's; one has EB3 and one has EB2..........CATFIGHT!!!!!!!!!!!!!!![/I]
In this case the Eb3-I tattoo is more like a tramp stamp :D based on what is happening to these folks now. I know, I am one of them :rolleyes:.
In this case the Eb3-I tattoo is more like a tramp stamp :D based on what is happening to these folks now. I know, I am one of them :rolleyes:.
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Legal
07-15 03:58 PM
pa_arora
Senior Member Join Date: Dec 2005
Posts: 156
--------------------------------------------------------------------------------
mheggade, ur calc looks good but with the exception of Level II, I think most of the people who got Labor with MS+0 (or +1...) will have Level II. my attorney applied MS+0 even though I was having 6 yrs of exp when I applied.
Do you have any thoughts on how many people could be in this category wage level II in EB-2 I?
Senior Member Join Date: Dec 2005
Posts: 156
--------------------------------------------------------------------------------
mheggade, ur calc looks good but with the exception of Level II, I think most of the people who got Labor with MS+0 (or +1...) will have Level II. my attorney applied MS+0 even though I was having 6 yrs of exp when I applied.
Do you have any thoughts on how many people could be in this category wage level II in EB-2 I?
rajsand
09-20 12:03 PM
I am sure the awareness and the seriousness was missing among the locals!!
Educate them , that more imp.. this has to be worked on!
One thought I have is.. if we register people with a minimum amount and reimburse them at the day of the rally, many will turn up..!
I know of cases where people agreed to show up but when the d-day came by.. not one ticked!!
Educate them , that more imp.. this has to be worked on!
One thought I have is.. if we register people with a minimum amount and reimburse them at the day of the rally, many will turn up..!
I know of cases where people agreed to show up but when the d-day came by.. not one ticked!!
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MLS
06-14 01:35 PM
The priority dates moved because of IV's efforts.
The phone calls we made and the webfaxes and email we sent to senetors, really got attention to the issue we were facing.
Congratulation and a big thank you to everyone who contributed to IV.
And thanks to IV core team for great leadership.
Whatever may happen in future, now we know that if we unite and put in efforts we can get even seemingly imposiible things done !
Great job everyone.
The phone calls we made and the webfaxes and email we sent to senetors, really got attention to the issue we were facing.
Congratulation and a big thank you to everyone who contributed to IV.
And thanks to IV core team for great leadership.
Whatever may happen in future, now we know that if we unite and put in efforts we can get even seemingly imposiible things done !
Great job everyone.
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gapala
03-20 07:20 PM
H1 is always new? it could be, but not in case of a transfer
Any way good luck.
Any way good luck.
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ameryki
12-07 08:50 PM
hey guys quick question...my existing AP just expired yesterday. however I had applied for AP renewal 120 days in advance and received an approval in Oct. The problem is the new AP that I received in Oct is valid from Oct 2008 until Oct 2009 even when I had a valid Ap until Dec 2008. So basically I lost 2 months when I reapplied for AP. Can I do anything to get 2 months added?
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what_now
05-17 01:36 PM
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royus77
07-06 09:41 PM
it seems that it was delievered late july 2nd for USCIS to refuse accepting yor package. From what you wrote it seems the package has been returned without opening !!!
sorry again about your news.
Looks like DHL is having issues in delivery ..whats yours
sorry again about your news.
Looks like DHL is having issues in delivery ..whats yours
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supreet
05-21 05:00 PM
Thanks IV!!!
- s
- s
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gcgonewild
02-13 04:47 PM
If this could be pushed as admin fix, that could help a lot.
In such difficult econonic downturn, this would probably give hope for people.
In such difficult econonic downturn, this would probably give hope for people.
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rayen
06-16 02:22 PM
Hello GC_ Cheack, I also sent it to TSC , USPS has delivered on June 8th.. may be I will wait for couple of days. Thanks, Paul
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mundada
01-13 09:09 AM
I disagree with you. I will try again but you can continue to disagree with me.
Guy from ROW joins Company A in 2001. The Company A files his EB2 ROW in 2004.
Guy from Retrogressed Country (India/China) joins same Company A in 2001. The Company A files his EB2 India in 2004.
Both guys are brilliant and have same talent.
ROW guy gets approval in 2005, while Retrogressed guy has not got approval even in 2010.
ROW guy gets promotion and moves up in the ladder in 5 years from 2005 to 2010, while Retrogressed guy cannot move up the ladder even though he qualifies for the promotion because he does not have green card and is required to maintain same or similar job.
Agreed immigration is benefit. But immigration laws should apply equally. It cannot be the case that people from only few countries are retrogressed by 5 more years than the people from all the other countries, which causes people from few countries to be at disadvantage at work.
It would have been fine legally if people from all the countries had to wait for green card for same amount of time, even for 10 years because immigration is benefit.
I think when the law was designed this situation was not considered. Hence, I think the law as it is has had an unintended consequence of discrimination at work.
I therefore think if someone with EB2 from 2004 or EB3 from 2002 has a good chance of convincing EEOC of work discrimination because
CAUSE:
1. He/She is required to have same or similar job; AND
2. He/She is qualified for the promotion; AND
3. People in his/her group and in the same/similar situation who were from ROW received their GC at least 3 years earlier and have got the promotion; AND
4. People from only few countries are retrogressed; AND
5. The only reason for his/her not receiving the GC is visa number unavailability because of country quota and there is no other reason
EFFECT: (though unintended)
He/She cannot get promotion; while his collegue from ROW can i.e. People from only few countries are at disadvantage at work compared to people from ROW.
You are missing the key point here.
Equal Employment Opportunity applies only to applicants who are eligible to apply for that job. It does NOT apply to immigrant visa allocation and any other visa benefit such as H-1B approval.
In other words, Equal Employment Opportunity is applicable to US Citizens and residents with work authorization (Green Card holders, EAD holders, person with H-1B approved) and this is limited to job hiring, job promotion, discharge, pay, fringe benefits, job training, classification, referral, and other aspects of employment. This does not extend to immigration benefit or opportunity lost due to lack of immigration benefit (such as I-485 approval).
________________
Not a legal advice.
Guy from ROW joins Company A in 2001. The Company A files his EB2 ROW in 2004.
Guy from Retrogressed Country (India/China) joins same Company A in 2001. The Company A files his EB2 India in 2004.
Both guys are brilliant and have same talent.
ROW guy gets approval in 2005, while Retrogressed guy has not got approval even in 2010.
ROW guy gets promotion and moves up in the ladder in 5 years from 2005 to 2010, while Retrogressed guy cannot move up the ladder even though he qualifies for the promotion because he does not have green card and is required to maintain same or similar job.
Agreed immigration is benefit. But immigration laws should apply equally. It cannot be the case that people from only few countries are retrogressed by 5 more years than the people from all the other countries, which causes people from few countries to be at disadvantage at work.
It would have been fine legally if people from all the countries had to wait for green card for same amount of time, even for 10 years because immigration is benefit.
I think when the law was designed this situation was not considered. Hence, I think the law as it is has had an unintended consequence of discrimination at work.
I therefore think if someone with EB2 from 2004 or EB3 from 2002 has a good chance of convincing EEOC of work discrimination because
CAUSE:
1. He/She is required to have same or similar job; AND
2. He/She is qualified for the promotion; AND
3. People in his/her group and in the same/similar situation who were from ROW received their GC at least 3 years earlier and have got the promotion; AND
4. People from only few countries are retrogressed; AND
5. The only reason for his/her not receiving the GC is visa number unavailability because of country quota and there is no other reason
EFFECT: (though unintended)
He/She cannot get promotion; while his collegue from ROW can i.e. People from only few countries are at disadvantage at work compared to people from ROW.
You are missing the key point here.
Equal Employment Opportunity applies only to applicants who are eligible to apply for that job. It does NOT apply to immigrant visa allocation and any other visa benefit such as H-1B approval.
In other words, Equal Employment Opportunity is applicable to US Citizens and residents with work authorization (Green Card holders, EAD holders, person with H-1B approved) and this is limited to job hiring, job promotion, discharge, pay, fringe benefits, job training, classification, referral, and other aspects of employment. This does not extend to immigration benefit or opportunity lost due to lack of immigration benefit (such as I-485 approval).
________________
Not a legal advice.
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desi3933
01-13 10:38 AM
.......
.......
Agreed immigration is benefit. But immigration laws should apply equally. It cannot be the case that people from only few countries are retrogressed by 5 more years than the people from all the other countries, which causes people from few countries to be at disadvantage at work
......
......
Good Luck with using that argument if that is your legal basis.
Fair does not necessarily means legal.
Example:
Two person have approved I-140 and waiting for visa number to be current. One is in the USA and the other one is outside USA. The one in the USA can keep on extending H-1B while waiting to file I-485, whereas other person has to wait to get green card at consular processing. Is that fair? For some, it may or may not be.
Immigration Laws can not be challenged in court on basis of fairness. However, with lobbying, laws can be changed.
Personally, I think the country quota is discriminatory and should be removed for EB based green card. But this can be done only with law change and this requires long and persistent lobbying, time, and monetory effort.
In any fight, it is always prudent to use effort and energy in right direction.
Good Luck.
_________________
Not a legal advice.
.......
Agreed immigration is benefit. But immigration laws should apply equally. It cannot be the case that people from only few countries are retrogressed by 5 more years than the people from all the other countries, which causes people from few countries to be at disadvantage at work
......
......
Good Luck with using that argument if that is your legal basis.
Fair does not necessarily means legal.
Example:
Two person have approved I-140 and waiting for visa number to be current. One is in the USA and the other one is outside USA. The one in the USA can keep on extending H-1B while waiting to file I-485, whereas other person has to wait to get green card at consular processing. Is that fair? For some, it may or may not be.
Immigration Laws can not be challenged in court on basis of fairness. However, with lobbying, laws can be changed.
Personally, I think the country quota is discriminatory and should be removed for EB based green card. But this can be done only with law change and this requires long and persistent lobbying, time, and monetory effort.
In any fight, it is always prudent to use effort and energy in right direction.
Good Luck.
_________________
Not a legal advice.
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santb1975
05-01 01:17 PM
We are slow. Aren't we??:confused:
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walking_dude
12-10 03:46 PM
It's a sad day to see IVers granting each other 'red squares' , and committed members asking each other to 'shut up'.
We are quick in jumping at each others throat for no apparent real reason ! Being part of a forum is sharing space with others, with those whom you disagree, and those who disagree with you. Argue logically, but don't make it a personal fight.
Don't agree with someone, make your displeasure known. If things seem to be getting hotter, ignore the other person. Live and let live. We have bigger issues to worry here - GC mess - instead of who said what !
We are quick in jumping at each others throat for no apparent real reason ! Being part of a forum is sharing space with others, with those whom you disagree, and those who disagree with you. Argue logically, but don't make it a personal fight.
Don't agree with someone, make your displeasure known. If things seem to be getting hotter, ignore the other person. Live and let live. We have bigger issues to worry here - GC mess - instead of who said what !
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paragpujara
07-01 10:37 AM
I am on H1b..not using EAD...also one of my buddies is working on EAD and he got his EAD renewal approved last week..i guess USCIS donot look at current immigration status to issue EAD...
I got the same email this morning and status said EAD was ordered on june 30th.
I am pretty sure we will get a 2yr EAD but will just have to wait 2 more days to confirm this.... I wonder if they are looking at the current status and if you are on h1b they are issued 1yr and processed it before june 30, while if you are currently on EAD, they kept them until June 30th.. I doubt it but just a theory...
I got the same email this morning and status said EAD was ordered on june 30th.
I am pretty sure we will get a 2yr EAD but will just have to wait 2 more days to confirm this.... I wonder if they are looking at the current status and if you are on h1b they are issued 1yr and processed it before june 30, while if you are currently on EAD, they kept them until June 30th.. I doubt it but just a theory...
dixie
11-07 10:57 PM
Only 10% of the general public said immigration is the most important issue for them - and mind you, ILLEGAL immigration and amnesty to illegal aliens is what comes to mind of most average americans. The perceived opposition to CIR was blown out of proportion by the conservatives and their media cronies like Lou Dobbs. That it did not work clearly shows that the american public too mature and sensible to be carried away by such rhetoric.
I am not sure but one thing we can see a lot of anti immigration conservatives are not doing too good at house.. so what does this mean.. immigration is an issue by the conservative talk shows...Lou Dobbs.. and people like them and not the gen US public ???
I am not sure but one thing we can see a lot of anti immigration conservatives are not doing too good at house.. so what does this mean.. immigration is an issue by the conservative talk shows...Lou Dobbs.. and people like them and not the gen US public ???
jchan
02-25 12:37 PM
I think desi3933 is right -- that one cannot file AOS without PD being current. However, this does not mean we should give up pursuing our goal. The secretary of DHS specially made it clear that she is willing to push for changes both regulatory AND legislative. But before putting in any effort, she will need to know what changes to push for. She even specifically mentioned the issue with pre-application of AOS, which seems to me a real good chance to get the message delivered.
Just for starters, here are the benefits I can think of about pre-filing of AOS:
- By having all applications on file, let USCIS better predict case load and allow DOS Visa Office to make informed decision on Cutoff Date movements
- Create more revenue for USICS (DHS) via AP and EAD applications
- Reduce the work load of Overseas Consulates when applicants with AP does not have to apply re-entry H1B visa.
- Many H1B visa holders have to go through the administrative procedure when applying re-entry visa. This process is more or less a duplicate with the background check required for green card application. When the applicant is allowed to travel with AP, the effort of background check is consolidated and allow resources to be better utilized.
- EAD allows applicants more freedom to change job, this will results in better resource distribution to accommodate the rapid changes of the economy, and it makes the market the most important factor to determine wages.
Please add whatever you feel missing to the points and maybe we'll come up with a formal letter to communicate to the secretary.
Last, to address the concern that USCIS may be flooded by AOS applications from freshly off-the-boat H1B's, restrictions need to be put on the qualification of AOS. What I could think of is:
- Must have approved I-140 (immigration visa. I think this restriction makes the most sense)
- Must have priority date older than a certain number of years
- Must have been in the US legally for five years
- etc.
Read again
(3) an immigrant visa is immediately available to him at the time his application is filed.
Explanation - At the time when the application (i.e. I-485) is filed by applicant, an immigrant visa is immediately available (i.e. PD is current).
If you still have doubt, talk to your attorney and post here what he/she told you.
Have a good day!
______________________
Not a legal advice
US citizen of Indian origin
Just for starters, here are the benefits I can think of about pre-filing of AOS:
- By having all applications on file, let USCIS better predict case load and allow DOS Visa Office to make informed decision on Cutoff Date movements
- Create more revenue for USICS (DHS) via AP and EAD applications
- Reduce the work load of Overseas Consulates when applicants with AP does not have to apply re-entry H1B visa.
- Many H1B visa holders have to go through the administrative procedure when applying re-entry visa. This process is more or less a duplicate with the background check required for green card application. When the applicant is allowed to travel with AP, the effort of background check is consolidated and allow resources to be better utilized.
- EAD allows applicants more freedom to change job, this will results in better resource distribution to accommodate the rapid changes of the economy, and it makes the market the most important factor to determine wages.
Please add whatever you feel missing to the points and maybe we'll come up with a formal letter to communicate to the secretary.
Last, to address the concern that USCIS may be flooded by AOS applications from freshly off-the-boat H1B's, restrictions need to be put on the qualification of AOS. What I could think of is:
- Must have approved I-140 (immigration visa. I think this restriction makes the most sense)
- Must have priority date older than a certain number of years
- Must have been in the US legally for five years
- etc.
Read again
(3) an immigrant visa is immediately available to him at the time his application is filed.
Explanation - At the time when the application (i.e. I-485) is filed by applicant, an immigrant visa is immediately available (i.e. PD is current).
If you still have doubt, talk to your attorney and post here what he/she told you.
Have a good day!
______________________
Not a legal advice
US citizen of Indian origin
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