simple1
05-05 02:57 AM
Agreed it is the state dept not uscis.
We should not mix the interpretation of eb2/3 visas with other immigrant visas including other eb due to perm.
Could Please ask the lawyer this following question about statedept eb2/3 visa allocation to non-perm derivatives ?
--
* eb 2/3 generally require perm except for very rare cases. right ?
The employer petitions for 1 permanent-employee. With assurance that the 1 person doesn’t displace local workforce (existing citizen and gc). How come state department allocates additional visa (more than approved) to derivative(s) who is not "perm labor certified" from a quota/poll (eb2/3) that mandates labor market test like perm ? (while the actual qualification is fb2a)
* State department also burns the eb2/3 visa allocated for US-businesses to bring in much needed skilled eb2/3 labor ? while most real primaries wait, the visa gets allocated to non-productive derivatives ?
Is state dept making mistake ?
--
I spoke with our attorney
He said
INA Sec 203 talks only about the eligibility to apply the I-485. But the visa number is derived from a relationship to Principal applicant of green card. This is true for all categories Including investor, asylum, Employment categories. Please note that It is Dept of State that is responsible for this allocation not USCIS.
We should not mix the interpretation of eb2/3 visas with other immigrant visas including other eb due to perm.
Could Please ask the lawyer this following question about statedept eb2/3 visa allocation to non-perm derivatives ?
--
* eb 2/3 generally require perm except for very rare cases. right ?
The employer petitions for 1 permanent-employee. With assurance that the 1 person doesn’t displace local workforce (existing citizen and gc). How come state department allocates additional visa (more than approved) to derivative(s) who is not "perm labor certified" from a quota/poll (eb2/3) that mandates labor market test like perm ? (while the actual qualification is fb2a)
* State department also burns the eb2/3 visa allocated for US-businesses to bring in much needed skilled eb2/3 labor ? while most real primaries wait, the visa gets allocated to non-productive derivatives ?
Is state dept making mistake ?
--
I spoke with our attorney
He said
INA Sec 203 talks only about the eligibility to apply the I-485. But the visa number is derived from a relationship to Principal applicant of green card. This is true for all categories Including investor, asylum, Employment categories. Please note that It is Dept of State that is responsible for this allocation not USCIS.
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princeusa2006
02-14 03:17 PM
Contributed $50 by paypal Transaction ID: 040218399T855313L
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jgh_res
12-17 07:44 AM
Are you trying to be a legal immigrant????? GC is not your right and you are here by choice.
Gym, yoga, work, birds - these things are just escape from reality. The reality is pretty grim. Imagine a new wanna be immigrant. He/she has basically two choices:
1. Ask for asylum, come up with some story, try to get interview passed. If works - then that's it. If not, ask judge for work permit (usually they grant). And go through hearings, appeals, etc. etc. - takes total 5 years. Meanwhile, work whenever you want. make money, find a girl (or a guy for girls), marry - get your GC. At worst case scenario - you get caught, put on deportation, you cash your credit cards - and leave with $200k in your pocket. So, at worst - you get deported - which is fair.
2. You read the law, you see that your only legal option is EB and you spend 6-8 years going through H1/LC/140/485, etc. Lose money, pay lawyers, pay taxes, miss opportunities. Even after you get GC, some douche bag IO might have a bad day, review your LC/140 and revoke it at any time until you get citizenship for some little reason. Even citizenship may be revoked because of "fraud". How many of you have LC done completely honestly, with interviewing all candidates and stuff like that? Meanwhile, if your company/lawyer screwed something up - you get deported, and you lost 10 best years of your life for nothing. In best case scenario, you get GC - which is fair.
So in 1st case we have fair-win situation, in second - lose-fair. So, can anybody give me ONE reason why we chose 2nd way? Please don't start with "good karma" and things like that. But for real? What is that? What message USCIS is sending us? America is a country of law or a country of criminal opportunists?
To me personally, this immigration thing is just a matter of principle, I'm not leaving without GC, period. I'm ready to have any of my stuff revoked, I'm ready for court battles - at the end I will marry a citizen. Reason? I don't wanna feel being a loser.
Gym, yoga, work, birds - these things are just escape from reality. The reality is pretty grim. Imagine a new wanna be immigrant. He/she has basically two choices:
1. Ask for asylum, come up with some story, try to get interview passed. If works - then that's it. If not, ask judge for work permit (usually they grant). And go through hearings, appeals, etc. etc. - takes total 5 years. Meanwhile, work whenever you want. make money, find a girl (or a guy for girls), marry - get your GC. At worst case scenario - you get caught, put on deportation, you cash your credit cards - and leave with $200k in your pocket. So, at worst - you get deported - which is fair.
2. You read the law, you see that your only legal option is EB and you spend 6-8 years going through H1/LC/140/485, etc. Lose money, pay lawyers, pay taxes, miss opportunities. Even after you get GC, some douche bag IO might have a bad day, review your LC/140 and revoke it at any time until you get citizenship for some little reason. Even citizenship may be revoked because of "fraud". How many of you have LC done completely honestly, with interviewing all candidates and stuff like that? Meanwhile, if your company/lawyer screwed something up - you get deported, and you lost 10 best years of your life for nothing. In best case scenario, you get GC - which is fair.
So in 1st case we have fair-win situation, in second - lose-fair. So, can anybody give me ONE reason why we chose 2nd way? Please don't start with "good karma" and things like that. But for real? What is that? What message USCIS is sending us? America is a country of law or a country of criminal opportunists?
To me personally, this immigration thing is just a matter of principle, I'm not leaving without GC, period. I'm ready to have any of my stuff revoked, I'm ready for court battles - at the end I will marry a citizen. Reason? I don't wanna feel being a loser.
qplearn
12-10 10:52 AM
Why don't posters on this forum move back to their home country and concentrate on making their home country great instead of slamming into someone else's country and just living off the wealth others have created?
The bottom line is that a SKIL act is not needed. Hundreds of thousands of American programmers have lost their job to the third world, both in outsourcing and insourcing of third world programmers who work for cheaper wages. There is absolutely no need for more foreigners here and no need for more green cards. Temporary workers are just that - temporary. If you are on a temporary visa, work your time, make some money for your family and head home when your time is up. Don't cry that we don't provide enough green cards when you knew what kind of visa you were on.
Why don't you move back to Britain or whichever country you or your ancestors came from? Also, a lot of wealth in the US has been created by these people who "slam into someone else's country." So your argument has little validity. Maybe I should not be wasting my time in responding to xenophobes.
The bottom line is that a SKIL act is not needed. Hundreds of thousands of American programmers have lost their job to the third world, both in outsourcing and insourcing of third world programmers who work for cheaper wages. There is absolutely no need for more foreigners here and no need for more green cards. Temporary workers are just that - temporary. If you are on a temporary visa, work your time, make some money for your family and head home when your time is up. Don't cry that we don't provide enough green cards when you knew what kind of visa you were on.
Why don't you move back to Britain or whichever country you or your ancestors came from? Also, a lot of wealth in the US has been created by these people who "slam into someone else's country." So your argument has little validity. Maybe I should not be wasting my time in responding to xenophobes.
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abhijitp
07-08 04:04 PM
No postings on the windows of those Bharat Bajars and Cash N Carrys and Kumuds. Can't the i-phone designers and router gurus make Ashas and Abhijeets invisible with some eye catching posters?
Something like this would certainly spread the word in at least the indian/asian community.
Also, PERSONALLY send out emails to linkedln contacts/ various yahoogroups/alumni groups you are part of. I just did that.
Something like this would certainly spread the word in at least the indian/asian community.
Also, PERSONALLY send out emails to linkedln contacts/ various yahoogroups/alumni groups you are part of. I just did that.
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hiUS
09-12 02:57 PM
I had info pass appointment today in Newark they asked my
Info pass appointment letter
I-485 approval letter
Passports
I told them it�s almost one a month, I didn�t get my card yet. Then they gave me a token number and when my turn came. I met the USCIS officer he wasn�t much help at all. he just gave me 551 stamp for 1yr and when I asked him about biometric he said last year I took in Oct-07 its good till next month and I don�t need it.
I was expecting 551 stamp look like h1 visa stamp, but it�s just an ordinary stamp.
After coming home I called USCIS asked them about the card. She told me that card was sent out for production today and I should get it within 1 week to 30 days. Because it was sent out today that�s the reason I didn�t get the email update
Approved on 8-12-08
Hi GCEB2,
What else do we need to carry apart from Info pass appointment letter, I-485 approval letter and Passports? I will plan to take an Infopass appointment and get my and my wife's passport stamped.
Info pass appointment letter
I-485 approval letter
Passports
I told them it�s almost one a month, I didn�t get my card yet. Then they gave me a token number and when my turn came. I met the USCIS officer he wasn�t much help at all. he just gave me 551 stamp for 1yr and when I asked him about biometric he said last year I took in Oct-07 its good till next month and I don�t need it.
I was expecting 551 stamp look like h1 visa stamp, but it�s just an ordinary stamp.
After coming home I called USCIS asked them about the card. She told me that card was sent out for production today and I should get it within 1 week to 30 days. Because it was sent out today that�s the reason I didn�t get the email update
Approved on 8-12-08
Hi GCEB2,
What else do we need to carry apart from Info pass appointment letter, I-485 approval letter and Passports? I will plan to take an Infopass appointment and get my and my wife's passport stamped.
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aquarianf
04-23 12:21 PM
I work for company A which sent me to client C through company B(Prefered vendor). After working with the same client for 1.5 yrs, transfered my h1b to company B(PF) due to issues with the pay with company A. Company A has deducted huge sum of money($4000) from my last months pay towards PERM filing(Still under process). Upon demanding them to reimburse my money saying that its against law, they r threatening me saying that based on non-compete agreement they will take legal action against me.
I am not actually aware of the clauses in the agreement. company B(PF) told me that it does not have any clauses in its agreement with company A prohibiting them from taking me.Though i requested company A to provide me a copy of non-compete, they said i signed with them, they haven�t. The company is located in NJ and not sure how non-competes work under NJ state law.
I am really frustated upon this blackmail and going thru lot of pressure. The amount is too big too leave and cannot afford to hire a lawyer in case they file suit based on non-compete. even if i had signed a non compete agreement how does it stand as it is conflicting the agreement which company a signed with PF saying the upon my termination of the emplyment with them, Pf can take me without any gap period... what can i do to get my money. they also refused to provide me with experience letter which i need for my future GC filing.
Plz give me ur valuable inputs
I just read first page of this thread and would advice that don't follow most of reply because they are lawyers or they have not gone through the experience you are going through. $4000 may not be big amount compared to hassle of law suite , piece of mind or the amount of increase you may have received by switching employer. I know a close person who had gone through exactly same situation in NJ and had to pay 12,000 to settle the case. I have seen bunch of people in same situation and my friend always adviced them to stay away from law suite. If your current employer is not big then there are greater chances that it will turn away from you in case of law suite.
If you are not working with same client that you were working when you were in company A then non-compete may not hold against you.
Also can you get in writing from you current employer that they will support you in case of law suite?
I am not actually aware of the clauses in the agreement. company B(PF) told me that it does not have any clauses in its agreement with company A prohibiting them from taking me.Though i requested company A to provide me a copy of non-compete, they said i signed with them, they haven�t. The company is located in NJ and not sure how non-competes work under NJ state law.
I am really frustated upon this blackmail and going thru lot of pressure. The amount is too big too leave and cannot afford to hire a lawyer in case they file suit based on non-compete. even if i had signed a non compete agreement how does it stand as it is conflicting the agreement which company a signed with PF saying the upon my termination of the emplyment with them, Pf can take me without any gap period... what can i do to get my money. they also refused to provide me with experience letter which i need for my future GC filing.
Plz give me ur valuable inputs
I just read first page of this thread and would advice that don't follow most of reply because they are lawyers or they have not gone through the experience you are going through. $4000 may not be big amount compared to hassle of law suite , piece of mind or the amount of increase you may have received by switching employer. I know a close person who had gone through exactly same situation in NJ and had to pay 12,000 to settle the case. I have seen bunch of people in same situation and my friend always adviced them to stay away from law suite. If your current employer is not big then there are greater chances that it will turn away from you in case of law suite.
If you are not working with same client that you were working when you were in company A then non-compete may not hold against you.
Also can you get in writing from you current employer that they will support you in case of law suite?
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bayarea07
09-16 06:03 PM
Nothing really matters as of now, what does matter is this
http://immigrationvoice.org/forum/showthread.php?t=21393
So Please Call
This is for the non-believers like Mr.Lord
http://immigrationvoice.org/forum/showthread.php?t=21393
So Please Call
This is for the non-believers like Mr.Lord
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akhilmahajan
02-10 11:56 AM
bump.............
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satishku_2000
07-08 04:47 PM
In Fox News this afternoon, the senator has explicitly said that the Chicago lady does not have any "constituional rights" since she is not American citizen. Go figure what they think about us.
He is a congressman from Colorado .
He is a congressman from Colorado .
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sankap
07-10 01:07 PM
Thanks for quoting that. Now, how do you define what's legitimate? Meaning, why can't you show that your self-employment is "legitimate?"
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
what does this mean?
confirm that the new employer and the job offer are legitimate
legitimate means bonafide. Isn't it?
For both, new employer and new job offer.
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
what does this mean?
confirm that the new employer and the job offer are legitimate
legitimate means bonafide. Isn't it?
For both, new employer and new job offer.
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sanju
02-27 09:24 PM
ok suri, while you work 30 hours and make money for yourself, let me take your burden and share my research with you. Here is what you have to do to see the result -
Goto -
http://soprweb.senate.gov/index.cfm?event=selectfields
- check box for client name
- click 'submit' button
- enter 'Immigration Voice' in the client name
- click 'submit' button
Now you see the amount spent by IV for lobbying in the Senate documents. Please do the total and let me know how much is that amount. I am not "highly skilled" like you, so I can't calculate?
Do you know anyone who spent 1/2 million on lobbying for our issues. Maybe your friends have spent that money.
.
Folks,
Its good to see this thread is still active. I just came home after 30 hrs non-stop work due to our product launch. I did go through quickly on all the posts after my post and I really didnt get the point I was looking for. I will respond to each of you tomorrow in one post.
The response I see for any type of campaign in the form of contributions is pathetic, based on the number of people waiting and those who are active. We will go nowhere, but this must change, and we will help.
I will now have to sleep for 5 hrs and then go back.
Thanks,
Goto -
http://soprweb.senate.gov/index.cfm?event=selectfields
- check box for client name
- click 'submit' button
- enter 'Immigration Voice' in the client name
- click 'submit' button
Now you see the amount spent by IV for lobbying in the Senate documents. Please do the total and let me know how much is that amount. I am not "highly skilled" like you, so I can't calculate?
Do you know anyone who spent 1/2 million on lobbying for our issues. Maybe your friends have spent that money.
.
Folks,
Its good to see this thread is still active. I just came home after 30 hrs non-stop work due to our product launch. I did go through quickly on all the posts after my post and I really didnt get the point I was looking for. I will respond to each of you tomorrow in one post.
The response I see for any type of campaign in the form of contributions is pathetic, based on the number of people waiting and those who are active. We will go nowhere, but this must change, and we will help.
I will now have to sleep for 5 hrs and then go back.
Thanks,
more...
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BECsufferer
09-09 07:41 PM
EB3 Folks!
This is pathetic ... And it's time for most of you to seriously think about converting to EB2. Now I have no idea how difficult or immpossible this would be, as I had always been EB2, but their are several threads on this forum that can assist you. I strongly suggest you to seriously start researching your way out of this mess. I wan't expecting EB2 to stay beyond 05, but it is going to be like that for another month. Are all the 2004 EB2-I applicants exhausted? ... I don't know, but I know EB3 just keeps on retrogressing.
If this abyss continues, think about it ... you will always remain struck where you had been for past so many years. This is no life.
Ask yourselves ... how can I convert to EB2. Take control!
This is pathetic ... And it's time for most of you to seriously think about converting to EB2. Now I have no idea how difficult or immpossible this would be, as I had always been EB2, but their are several threads on this forum that can assist you. I strongly suggest you to seriously start researching your way out of this mess. I wan't expecting EB2 to stay beyond 05, but it is going to be like that for another month. Are all the 2004 EB2-I applicants exhausted? ... I don't know, but I know EB3 just keeps on retrogressing.
If this abyss continues, think about it ... you will always remain struck where you had been for past so many years. This is no life.
Ask yourselves ... how can I convert to EB2. Take control!
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SDdesi
08-14 12:56 AM
Oh..and the 485 was filed in Nebraska
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rbharol
10-25 12:12 PM
Lets wait another two weeks and see who wins :)
If opinion polls and media coverage are any indication, it appears democrats shall rule
the house.
For us the best congress would be the one which passes SKIL bill.
It was unfortunate that despite Republicans ruling the house, they did not even discuss
anything on immigration, specially for high tech skilled workers, even though SKIL was
introduced by Republican leaders.
I hope they do *something* during lame duck session.
If opinion polls and media coverage are any indication, it appears democrats shall rule
the house.
For us the best congress would be the one which passes SKIL bill.
It was unfortunate that despite Republicans ruling the house, they did not even discuss
anything on immigration, specially for high tech skilled workers, even though SKIL was
introduced by Republican leaders.
I hope they do *something* during lame duck session.
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kg318
04-24 10:18 AM
What wrong he did? Nothing illegal but certainly not the best practise. Atleast he has been insensitive to his former employer.
what in the world makes this insensitive. h1b employees are not the bonding labours to the employers. If the employee leaves the company within 2 or 3 month after all the pain company had taken like spending for h1b filing training or providing placement, then that would be insensitive. After 2 yrs of serving, if the employee wants to look out for something better, employer shud make the exit smooter. And some else said earlier that its only employees who force employers for GC. i do not think so. If u see any advertisements posted by desi employers, the packages come along with GC process. they highlight GC point to attract the employees. yes it is true that most of the employees look out for GC for settlement. but that doesn't mean they force their employers who are not ready to do it. they might choose someone who offered GC process as a part of the package they r offered in the first. in such cases the chances of employers who do not offer GC process to get h1b's drop down drastically. thats the reason they offer GC.
Also GC makes long term commitment between an employer and an employee.
Everyone knows how long GC process is gonna take. So for all the yrs h1b's r holded to their employers, which is definetly making the employers business lot more easier. so why in the world an employer especially desi's wouldn't want to file GC?????
what in the world makes this insensitive. h1b employees are not the bonding labours to the employers. If the employee leaves the company within 2 or 3 month after all the pain company had taken like spending for h1b filing training or providing placement, then that would be insensitive. After 2 yrs of serving, if the employee wants to look out for something better, employer shud make the exit smooter. And some else said earlier that its only employees who force employers for GC. i do not think so. If u see any advertisements posted by desi employers, the packages come along with GC process. they highlight GC point to attract the employees. yes it is true that most of the employees look out for GC for settlement. but that doesn't mean they force their employers who are not ready to do it. they might choose someone who offered GC process as a part of the package they r offered in the first. in such cases the chances of employers who do not offer GC process to get h1b's drop down drastically. thats the reason they offer GC.
Also GC makes long term commitment between an employer and an employee.
Everyone knows how long GC process is gonna take. So for all the yrs h1b's r holded to their employers, which is definetly making the employers business lot more easier. so why in the world an employer especially desi's wouldn't want to file GC?????
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anzerraja
07-20 08:56 AM
Thanks vkallank !!!
I have updated it just now.
anzerraja , i am unable to access the excel sheet at work. if possible please update / i shall do it tonight.
I have updated it just now.
anzerraja , i am unable to access the excel sheet at work. if possible please update / i shall do it tonight.
go_guy123
05-11 08:47 PM
So many come to US on visa free travel, work 6 months undocumented from european countries, yet they are the first to get the GCs while Indians abuse B1, they abuse H1. How come only Indians abuse everything no one else abuses anything?
Indians dont abuse one thing...marriage based green card. people from many countries abuse that massively and get green card. I have stayed in us for long and have seen that.
Indians dont abuse one thing...marriage based green card. people from many countries abuse that massively and get green card. I have stayed in us for long and have seen that.
clockwork
07-05 09:27 AM
Mine reached at July 02 10:25am at Lincon,NE. Received by J.Barrret. Ship date June 29.
Mine also reached on July 2nd at 10:25AM and received by J.Barrret.
Mine also reached on July 2nd at 10:25AM and received by J.Barrret.
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