shankar_thanu
06-14 03:37 PM
starscream does hae a very valid point, just the dates becoming current doesnt mean we are out of the woods. The dates can retrogress any time and then we might again be stuck in limbo even after we get our 485 application in. We absolutely have to keep going on the CIR front as well.
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ps57002
08-04 08:16 AM
I've been working with David Frenkel at Frenkel, Heshkowitz, Shafran in NY. Been with him through my H1B process and now my PERM, will continue with him. He seems very knowledgeable. He's a very very busy man though so it's a little difficult to 'talk' to him. The paralegal who worked on my PERM is reason I actually got it done...my employer is very unresponsive.
So overall I think they are good. I have called to ask questions, emailed, gone in for consultations, never charged extra. All a set fee, expensive somewhat, but it's broken in steps, like pre PERM, pre I40 etc...so guess it's almost guaranteed
ANyone else deal with them?
So overall I think they are good. I have called to ask questions, emailed, gone in for consultations, never charged extra. All a set fee, expensive somewhat, but it's broken in steps, like pre PERM, pre I40 etc...so guess it's almost guaranteed
ANyone else deal with them?
stucklabor
03-19 08:21 PM
Yes, by removing "or" from (I), adding "or" at (II), and adding (III). I think this is how it would read. How do you think it should read?
Your interpretation is incorrect. An advanced degree holder from the US will not need labor certification. Please go through my and Appu's reasoning in earlier posts on this thread to understand why.
Per Frist's bill, an advanced degree holder in STEM with 3 years experience will be subject to special handling in labor cert. Your (iii) refers to this person. This person is not subject to the numerical quota.
An advanced STEM degree holder from the US does not need labor cert. This is because notwithstanding the applicant's admissiblity for permanent residence, the applicant can file for adjustment of status as long as he has an immigrant petition. "Applicant's admissibility for permanent residency" refers to labor cert for EB 2/3 workers - see section 212 of INA. So irrespective of labor cert, the advanced STEM degree holder from the US can file for Adjustment of Status and I140. However, this person is subject to numerical quota and has to wait for a green card number for 485 approval.
Put both the above paragraphs together - the advanced STEM degree holder from the US with 3 years experience has the best of both worlds - no labor cert, no quota, can file for I140 and I48.
Your interpretation is incorrect. An advanced degree holder from the US will not need labor certification. Please go through my and Appu's reasoning in earlier posts on this thread to understand why.
Per Frist's bill, an advanced degree holder in STEM with 3 years experience will be subject to special handling in labor cert. Your (iii) refers to this person. This person is not subject to the numerical quota.
An advanced STEM degree holder from the US does not need labor cert. This is because notwithstanding the applicant's admissiblity for permanent residence, the applicant can file for adjustment of status as long as he has an immigrant petition. "Applicant's admissibility for permanent residency" refers to labor cert for EB 2/3 workers - see section 212 of INA. So irrespective of labor cert, the advanced STEM degree holder from the US can file for Adjustment of Status and I140. However, this person is subject to numerical quota and has to wait for a green card number for 485 approval.
Put both the above paragraphs together - the advanced STEM degree holder from the US with 3 years experience has the best of both worlds - no labor cert, no quota, can file for I140 and I48.
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rishikesh75
05-28 03:33 PM
All,
I visited the local office at Waukegan (Chicago suburb) last week to apply for SSN for my wife (H1 & EAD) and my minor son (H4) and was surprised to see SSN card in my mail box today for both of them!! :) (frankly I was expecting to see a denial letter for my son). Sequence of events
Me: submitted SSN form, passport for my minor Son
SSN officer: Upon seeing the visa. We do not accept application for h4 w/o work authorization
Me: I produced the printout of SSN provision 20 C.F.R. � 422.104(a)(3) and informed here that I need to apply for Federal benefit (stimulus package) and for that I would need one
SSN Officer: Oh yea..Oh yea.. there is a provision and she accepted the application
My sons SSN card displays "Not authorized to work".Thanks to Totoro posting the information on 05/03/2008.
link http://immigrationvoice.org/forum/showthread.php?t=18907
I visited the local office at Waukegan (Chicago suburb) last week to apply for SSN for my wife (H1 & EAD) and my minor son (H4) and was surprised to see SSN card in my mail box today for both of them!! :) (frankly I was expecting to see a denial letter for my son). Sequence of events
Me: submitted SSN form, passport for my minor Son
SSN officer: Upon seeing the visa. We do not accept application for h4 w/o work authorization
Me: I produced the printout of SSN provision 20 C.F.R. � 422.104(a)(3) and informed here that I need to apply for Federal benefit (stimulus package) and for that I would need one
SSN Officer: Oh yea..Oh yea.. there is a provision and she accepted the application
My sons SSN card displays "Not authorized to work".Thanks to Totoro posting the information on 05/03/2008.
link http://immigrationvoice.org/forum/showthread.php?t=18907
more...
mundada
01-12 09:48 AM
Here we go again!
It can be shown that per country quota leads to (unintended) discrimation at employment and hence the GC per country quota is illegal.
Employment based GC per country quota => A very long wait (eg. more than 3 years) in same or similar job position for people born in only few countries => Hinderance to career growth because one cannot advance from engineer to managerial position even though he/she is qualified for the promotions while his colleagues from other countries can => Person from an oversubscribed countries such as India does not have equal opportunity to career advancement because of a very long wait time difference between people born in these 2 or 3 countries and people from all of the other countries.
Key Point: Equal opportunity employement advancement is protected by "Title VII of the Civil Rights Act of 1964 (Title VII)" and hence the Supreme Court can overturn the per country quota limitation if the Supreme Court finds that the per country quota leads to discrimination at employment.
National Origin Discrimination & Work Situations:
The law forbids discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment.
National Origin Discrimination (http://www.eeoc.gov/laws/types/nationalorigin.cfm)
Someone with more than 3 years of wait and still in same or similar job description should definitely be able to file a lawsuit against the US Government and claim compensation for the lost opportunities.
It can be shown that per country quota leads to (unintended) discrimation at employment and hence the GC per country quota is illegal.
Employment based GC per country quota => A very long wait (eg. more than 3 years) in same or similar job position for people born in only few countries => Hinderance to career growth because one cannot advance from engineer to managerial position even though he/she is qualified for the promotions while his colleagues from other countries can => Person from an oversubscribed countries such as India does not have equal opportunity to career advancement because of a very long wait time difference between people born in these 2 or 3 countries and people from all of the other countries.
Key Point: Equal opportunity employement advancement is protected by "Title VII of the Civil Rights Act of 1964 (Title VII)" and hence the Supreme Court can overturn the per country quota limitation if the Supreme Court finds that the per country quota leads to discrimination at employment.
National Origin Discrimination & Work Situations:
The law forbids discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment.
National Origin Discrimination (http://www.eeoc.gov/laws/types/nationalorigin.cfm)
Someone with more than 3 years of wait and still in same or similar job description should definitely be able to file a lawsuit against the US Government and claim compensation for the lost opportunities.
verma
02-20 06:53 PM
More letters = More strength for IV !
But of course....I should have been more specific with my question. I see that we are not even 20% near the target so the question is .... does IV still go with the campaigne? or do they increase deadline and try to get more letters?
But of course....I should have been more specific with my question. I see that we are not even 20% near the target so the question is .... does IV still go with the campaigne? or do they increase deadline and try to get more letters?
more...
hopefulgc
03-05 10:09 AM
excellent idea!
i think if we are paying for something we should have the ownership it too.
lets format a reply saying that 5K is too much for the job...if they can give us their Data Model diagram, we can give them the code in a week without any cost.
i think if we are paying for something we should have the ownership it too.
lets format a reply saying that 5K is too much for the job...if they can give us their Data Model diagram, we can give them the code in a week without any cost.
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andycool
06-11 08:02 AM
Hi,
As July visa bulletin indicate/predicted that for EB2-I it might reach up to March or April 2006 in FY2010.
Is FY2010 is Jan to Dec 2010 or FY2010 ends at Sep 2010 for USCIS? My PD is Mar2006 Do I have to wait till Sep/OCT 2010 or till end of 2010 i.e. Dec?
What is USCIS's Fiscal Calendar / Jan to Dec or Sep to Oct?
I'm planning to go back to India so just wants to see, should I wait for 3-4 month more or it's going to be end of this year?
Thanks a ton,
RW
USCIS fiscal Calender if from Oct- Sep
As July visa bulletin indicate/predicted that for EB2-I it might reach up to March or April 2006 in FY2010.
Is FY2010 is Jan to Dec 2010 or FY2010 ends at Sep 2010 for USCIS? My PD is Mar2006 Do I have to wait till Sep/OCT 2010 or till end of 2010 i.e. Dec?
What is USCIS's Fiscal Calendar / Jan to Dec or Sep to Oct?
I'm planning to go back to India so just wants to see, should I wait for 3-4 month more or it's going to be end of this year?
Thanks a ton,
RW
USCIS fiscal Calender if from Oct- Sep
more...
newtoearth
06-10 02:23 PM
Thanks for sharing the link
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Caliber
12-10 03:18 PM
Shut up you junkie..
RSVPing and then not coming is very professional?
I am neither supporting nor opposing any one. Is asking some one to Shutup professional?
Frankly many of us are pushing out people out of this site. I am sorry to say this.
RSVPing and then not coming is very professional?
I am neither supporting nor opposing any one. Is asking some one to Shutup professional?
Frankly many of us are pushing out people out of this site. I am sorry to say this.
more...
jonty_11
11-08 04:56 PM
latest from CNN:
WASHINGTON (CNN) -- President Bush set out a new approach Wednesday in the wake of what he called a "thumping" for Republicans in the midterm elections.
Immigration and minimum wage measures are areas of common ground to discuss when he meets Democratic speaker-to-be Nancy Pelosi later this week, he told reporters at the White House.
WASHINGTON (CNN) -- President Bush set out a new approach Wednesday in the wake of what he called a "thumping" for Republicans in the midterm elections.
Immigration and minimum wage measures are areas of common ground to discuss when he meets Democratic speaker-to-be Nancy Pelosi later this week, he told reporters at the White House.
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tnite
06-13 09:11 PM
Can I485 be applied through local USCIS office instead of the service center? if yes, whats the procedure?
more...
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hazishak
07-04 10:53 PM
I think we should write in only one thread about this VB mess until it is over. New users like me are getting hard time to find out the latest development of the VB issue. Either we should start a new thread or stick with only one. regardless of the subject/issue, we should post all our message into one single thread so that every one is on the same page.
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njdude26
07-19 10:53 AM
ya in the end i may want to come back to US but you never know if we like it in Canada and my kid settles down there we may end up being there and forget about US :)
For now im surely taking atleast 10 jobs from here.Still your end in mind is US. Ok when I have a job in US and waiting in retrogression, what is the adavantage of having canadian PR and moving there unless otherwise you get a jump in career.
Just becos it is retrogressed and you have canadina PR, there is no advantage in moving to Canada.
For now im surely taking atleast 10 jobs from here.Still your end in mind is US. Ok when I have a job in US and waiting in retrogression, what is the adavantage of having canadian PR and moving there unless otherwise you get a jump in career.
Just becos it is retrogressed and you have canadina PR, there is no advantage in moving to Canada.
more...
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chanduv23
09-04 01:01 PM
People just don't want to soil their hands in cleaning their house but want others to do it for them.
Lot of people consider it below dignity to do something about GC related stuff, many just want to live they way they are, no ambitions, no motivation to work towards a change.
Lot of people consider it below dignity to do something about GC related stuff, many just want to live they way they are, no ambitions, no motivation to work towards a change.
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rennieallen
09-26 12:24 PM
When it is already proved that no American is available for the skill set required and being substituted with a Foreign worker, then from where the nationality came in to the picture?
Here is the reasoning (I have not thought deeply enough about the reasoning to have a personal opinion on it yet):
The U.S. has a policy of cultural integration called "the melting pot". The idea, is that instead of (as Canada does it) maintaining simultaneous separate cultural identities (referred to as a "mosaic") cultural identities are "blended" together to arrive at a new cultural identity that will still be uniquely "American".
Given this policy, the per country quota makes sense, since to not restrict immigration from certain cultures risks the potential of getting more of a mosaic than a melting pot (since if there is sufficient "critical mass" of one cultural identity, this group would be prone to establish a "district" of their own and maintain their source culture). An example of this is the "little country" syndrome (e.g. little China, little Vietnam, little India, little Italy, etc.).
Does the companies bother about the skill set required or the nationality?
Thanks
The quota is applied post qualification of the candidate, so the skill set is not a factor (i.e. if country 'A' does not achieve quota with qualified applicants, then these visas are distributed to countries that have hit the quota).
Applicants from countries that don't achieve quota are subject to the exact same tests on their qualifications as applicants from countries that do achieve quota.
I think what frustrates most people here is not the per country quota, so much as the low level of the overall quota (since, as others have pointed out, most countries do not use their quota, and that quota *is* redistributed to the countries that do achieve quota, thus allowing them to exceed quota).
So in effect, all the per country quota does, is give applicants from those countries first-crack at available visas *once other countries are at quota*, and has no effect at all until some country has hit their quota.
I think there is plenty of room for discussion about what percentage a country should be able to send, and what the overall number of visas should be, but I really don't think the per country quota is worth getting worked up about.
Here is the reasoning (I have not thought deeply enough about the reasoning to have a personal opinion on it yet):
The U.S. has a policy of cultural integration called "the melting pot". The idea, is that instead of (as Canada does it) maintaining simultaneous separate cultural identities (referred to as a "mosaic") cultural identities are "blended" together to arrive at a new cultural identity that will still be uniquely "American".
Given this policy, the per country quota makes sense, since to not restrict immigration from certain cultures risks the potential of getting more of a mosaic than a melting pot (since if there is sufficient "critical mass" of one cultural identity, this group would be prone to establish a "district" of their own and maintain their source culture). An example of this is the "little country" syndrome (e.g. little China, little Vietnam, little India, little Italy, etc.).
Does the companies bother about the skill set required or the nationality?
Thanks
The quota is applied post qualification of the candidate, so the skill set is not a factor (i.e. if country 'A' does not achieve quota with qualified applicants, then these visas are distributed to countries that have hit the quota).
Applicants from countries that don't achieve quota are subject to the exact same tests on their qualifications as applicants from countries that do achieve quota.
I think what frustrates most people here is not the per country quota, so much as the low level of the overall quota (since, as others have pointed out, most countries do not use their quota, and that quota *is* redistributed to the countries that do achieve quota, thus allowing them to exceed quota).
So in effect, all the per country quota does, is give applicants from those countries first-crack at available visas *once other countries are at quota*, and has no effect at all until some country has hit their quota.
I think there is plenty of room for discussion about what percentage a country should be able to send, and what the overall number of visas should be, but I really don't think the per country quota is worth getting worked up about.
more...
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poorslumdog
03-28 02:57 PM
Well Well Well ................
getgreensoon1 with you being a junior memeber how on the earth were you able to get a quote of my post if all my post have been stopped and nothing i post gets on any page.
Remember if you make any edits then it reflects on your birth.:D
My god...you are back. May be IV should ban even your ip. Let the fight begin.
getgreensoon1 with you being a junior memeber how on the earth were you able to get a quote of my post if all my post have been stopped and nothing i post gets on any page.
Remember if you make any edits then it reflects on your birth.:D
My god...you are back. May be IV should ban even your ip. Let the fight begin.
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chantu
06-28 08:04 PM
It is not range. It is the USCIS receipt date for previous EAD application. So you have to see previous I765 application receipt.
Thanks. I know I am bugging you with my questions because I am filling all the forms today and sending. I have one question :)
For AP documents, it says we can submit any document issued to you by USCIS showing your present status in US. Now, currently I am on H1B. So should I send them my I797 approval document or EAD copy? Also in there instructions they are asking to send copy of an official photo identity document showing your photo, name & DOB? Can it be PP/DL/EAD?
Thanks. I know I am bugging you with my questions because I am filling all the forms today and sending. I have one question :)
For AP documents, it says we can submit any document issued to you by USCIS showing your present status in US. Now, currently I am on H1B. So should I send them my I797 approval document or EAD copy? Also in there instructions they are asking to send copy of an official photo identity document showing your photo, name & DOB? Can it be PP/DL/EAD?
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BharatPremi
03-14 02:19 PM
o.k..I read some of your old posts (but not thorougly) and I was confused (I guess you have done lot of research) - so can you explain again ?
in yr opinion - does it mean EB3(I) won't go back to april 2001 ?
I guess by "what happened in 2002 - 2004" - you mean lawyers filed most cases in EB3 ..am I right ?
would appreciate yr reply ..Thanks !!
I am not saying it will not go back to APR 2001. USCIS can and will do anything. Bottomline is that adverse effect of APR 2001 is practically over except some residual ones ( residual cases also could be in hundreds). So now if uSCIS is taking any category back to APR 2001 it will merely be a game to keep particular catgeory stopped for a while. USCIS need one case to do that and it will surely have at least one case.
in yr opinion - does it mean EB3(I) won't go back to april 2001 ?
I guess by "what happened in 2002 - 2004" - you mean lawyers filed most cases in EB3 ..am I right ?
would appreciate yr reply ..Thanks !!
I am not saying it will not go back to APR 2001. USCIS can and will do anything. Bottomline is that adverse effect of APR 2001 is practically over except some residual ones ( residual cases also could be in hundreds). So now if uSCIS is taking any category back to APR 2001 it will merely be a game to keep particular catgeory stopped for a while. USCIS need one case to do that and it will surely have at least one case.
apnaapna
04-17 10:22 PM
I work for the fortune 500 company, fragomen filed my case very last minute (just a day my 5th year finishes). I do not know why they did like that though the HR initiated my GC long time back. I found many of my friends also had similar issues. They really test your patience. One of my friend's case, they have totaly screwed up by filing last minute.
Openarms
03-07 02:27 PM
oooohhhhh by the way they never should ask money for this public service. They are just playing with us. There are similar things happened with USCIS and they got strong and angry reply from congress in the past. That is why we collectively need to contact congress...I wonder why IV is not forth forward in this effort from the gecko???
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