Jerrome
07-14 05:13 PM
How do you say Level III and Level IV is EB2, Mine is EB2 but it is Level II
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a_tyagi26
01-26 04:36 PM
The problem is, that for all my efforts, people just don't seem to care. The only reason I had any success was the embarrassment I caused the government because of all the soldiers who were excluded. Immigrants in the US are viewed by most people as an unwanted scourge.
My employer has also been no help at all. I have been looking for work outside of the US, but unfortunately, the economic situation makes that a bit more challenging. Sorry if I sound pessimistic. That is just my personal experience.
I agree with you, immigrants (legal or illegal) will always be viewed inferior in this country and we will always be immigrants. I am not sure if I want this tag with me, my kids, their kids all their lives. Sometimes I wonder if this GC path is even worth it. Going through so much trouble every time there is renewal, there is stamping, stamping delays, so much scrutiny, no certainity of coming back once you visit home country, so much even after living here for 6 years and now this back log.
If you read any news on immigrants and read comment section after it, you will realize the hate from people here in this country. Is it really worth it to live in this country, when people here do not want to accept us? No acceptance in community, such high crime. Yes sure there will be some exceptions along the way who will rise to top.
Just to point out the difference the amount of celebration among blacks after Obama won. Was there such kind of celebration after Sonia won or Manmohan became PM from their communities? This shows the kind of differences people have. I am not saying things in India are great, or else I would not be here. Just wondering on my random thoughts if its even worth it.
My employer has also been no help at all. I have been looking for work outside of the US, but unfortunately, the economic situation makes that a bit more challenging. Sorry if I sound pessimistic. That is just my personal experience.
I agree with you, immigrants (legal or illegal) will always be viewed inferior in this country and we will always be immigrants. I am not sure if I want this tag with me, my kids, their kids all their lives. Sometimes I wonder if this GC path is even worth it. Going through so much trouble every time there is renewal, there is stamping, stamping delays, so much scrutiny, no certainity of coming back once you visit home country, so much even after living here for 6 years and now this back log.
If you read any news on immigrants and read comment section after it, you will realize the hate from people here in this country. Is it really worth it to live in this country, when people here do not want to accept us? No acceptance in community, such high crime. Yes sure there will be some exceptions along the way who will rise to top.
Just to point out the difference the amount of celebration among blacks after Obama won. Was there such kind of celebration after Sonia won or Manmohan became PM from their communities? This shows the kind of differences people have. I am not saying things in India are great, or else I would not be here. Just wondering on my random thoughts if its even worth it.
GCard_Dream
12-04 03:18 PM
Or why not cover both aspects of H visa (H1 & H4). Both visas come with their own set of problems, challenges, and disappointments for the visa holders. Besides, H1 and H4 go hand in hand and story on one is not complete without mentioning the other. If I were the film maker, I would seriously consider both.
If you only talk about either one of these visas by themselves, you'll be looking at only the half of the picture.
have you considered making a film on H-1b workers and their frustrations in the gc porcess? that might be even more compelling than H-4 workers.
In a sense, H-1b holders are also dependent, on the employer, who is merciless compared with the the H-1 holder on whom the H-4 is dependent.
If you only talk about either one of these visas by themselves, you'll be looking at only the half of the picture.
have you considered making a film on H-1b workers and their frustrations in the gc porcess? that might be even more compelling than H-4 workers.
In a sense, H-1b holders are also dependent, on the employer, who is merciless compared with the the H-1 holder on whom the H-4 is dependent.
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snathan
03-20 10:06 PM
Yes there is and it is called visa portability. :) this is for you as well piyu, do not jump into summary so fast.
Ok, Here's what law says about so called "transfer"
D. AC21 105 -- Visa portability
The AC21 105 provides that a nonimmigrant who was previously issued an H-lB visa or provided H-1B nonimmigrant status may begin working for a new H-lB employer as soon as that new employer files a "nonfrivolous" H-lB petition on the nonimmigrant's behalf, if:
(a) the nonimmigrant was lawfully admitted to the United States;
(b) the nonfrivolous petition for new employment was filed before the end of their period of authorized stay; and
(c) the nonimmigrant has not been employed without authorization since his lawful admission to the United States, and before the filing of the nonfrivolous petition.
The status of a dependent of a principal nonimmigrant that is working pursuant to portability benefits is derivative of and linked to the status of the principal nonimmigrant. Therefore, dependents will remain in H-4 status if the principal nonimmigrant is lawfully working pursuant to portability benefits.
Further it says,
The Service expects, therefore, to propose a rule that would afford H-lB beneficiaries, who are no longer working for the initial H-lB employer, some reasonable period of time such as 60 days after leaving the initial H-lB employer to begin working for a new H-lB petitioning employer under the portability provisions. It is important to note that such a proposed rule would not, of course, take effect until it has been published as a final rule, after notice and comment, and any revisions. This prospective statement of policy is provided solely for informational purposes to Service personnel and shall not be utilized as a standard of adjudication in cases involving portability issues, unless and until promulgation of a final rule implementing AC21 105 with such an interpretation. Service personnel will be notified of any changes in the processing of AC21 benefits that may occur upon the effective date of a final rule.
There are few other memo's on this I will try to post the links for reference
All I can say is you are confusing your self and others on this....I am not posting any more this thread.
Just call your attorney and verify the same
Good Luck.
Ok, Here's what law says about so called "transfer"
D. AC21 105 -- Visa portability
The AC21 105 provides that a nonimmigrant who was previously issued an H-lB visa or provided H-1B nonimmigrant status may begin working for a new H-lB employer as soon as that new employer files a "nonfrivolous" H-lB petition on the nonimmigrant's behalf, if:
(a) the nonimmigrant was lawfully admitted to the United States;
(b) the nonfrivolous petition for new employment was filed before the end of their period of authorized stay; and
(c) the nonimmigrant has not been employed without authorization since his lawful admission to the United States, and before the filing of the nonfrivolous petition.
The status of a dependent of a principal nonimmigrant that is working pursuant to portability benefits is derivative of and linked to the status of the principal nonimmigrant. Therefore, dependents will remain in H-4 status if the principal nonimmigrant is lawfully working pursuant to portability benefits.
Further it says,
The Service expects, therefore, to propose a rule that would afford H-lB beneficiaries, who are no longer working for the initial H-lB employer, some reasonable period of time such as 60 days after leaving the initial H-lB employer to begin working for a new H-lB petitioning employer under the portability provisions. It is important to note that such a proposed rule would not, of course, take effect until it has been published as a final rule, after notice and comment, and any revisions. This prospective statement of policy is provided solely for informational purposes to Service personnel and shall not be utilized as a standard of adjudication in cases involving portability issues, unless and until promulgation of a final rule implementing AC21 105 with such an interpretation. Service personnel will be notified of any changes in the processing of AC21 benefits that may occur upon the effective date of a final rule.
There are few other memo's on this I will try to post the links for reference
All I can say is you are confusing your self and others on this....I am not posting any more this thread.
Just call your attorney and verify the same
Good Luck.
more...
arbhaat
06-13 07:36 PM
excuse my unfamiliarity with the process..
but if I applied for I485 in July, and 485 applications they receive exceeds the visa numbers available for July, what happens? Do they draw lottery to see which 485 apps would be cosidered?
in other words, just making sure the app reaches USCIS in july first wekk, does it guarantee EAD for spouses?
but if I applied for I485 in July, and 485 applications they receive exceeds the visa numbers available for July, what happens? Do they draw lottery to see which 485 apps would be cosidered?
in other words, just making sure the app reaches USCIS in july first wekk, does it guarantee EAD for spouses?
reddog
07-17 02:38 PM
I am Eb3 Mar 2004 and I am planning to wait until the Oct dates before making any decision.
But there is a deeper problem that I see.
IV had been extremely instrumental in making the immigration issue heard outside our community and taking it to the ears of the people making decisions.
Now, IV, from what I am hearing and am seeing (by openly not supporting the Eb3-I agenda (pappu making comments about what is wrong with the EB3 word petition)
is interested in pushing the Eb2 agenda only.
The core team explanation that Eb2 rollover nos are provided to EB3 and that is why they cannot help it, is baseless.
If everything in the past was to happen as per the process, there would be no IV at all.
Also, in the recent past, EB3 was available when Eb2 was Unavailable, so the rollover argument is wrong.
Now, if IV is definite on not providing support to the EB3 community, it is time to rethink.
I do not have a good feeling about the EB3 to EB2 conversion (it is basically going into unknown territory).
But there is a deeper problem that I see.
IV had been extremely instrumental in making the immigration issue heard outside our community and taking it to the ears of the people making decisions.
Now, IV, from what I am hearing and am seeing (by openly not supporting the Eb3-I agenda (pappu making comments about what is wrong with the EB3 word petition)
is interested in pushing the Eb2 agenda only.
The core team explanation that Eb2 rollover nos are provided to EB3 and that is why they cannot help it, is baseless.
If everything in the past was to happen as per the process, there would be no IV at all.
Also, in the recent past, EB3 was available when Eb2 was Unavailable, so the rollover argument is wrong.
Now, if IV is definite on not providing support to the EB3 community, it is time to rethink.
I do not have a good feeling about the EB3 to EB2 conversion (it is basically going into unknown territory).
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anilsal
06-26 05:58 PM
is the date of the approval of the EAD renewal or is the day after the expiry of the current one?
Can the folks who got theirs approved recently answer? Maybe we will know in a few days once they have their EADs in their hands.....
Can the folks who got theirs approved recently answer? Maybe we will know in a few days once they have their EADs in their hands.....
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mheggade
07-14 10:46 AM
If you scan the PERM data from fldatacenter. There are approx 3200 EB2-I (wage level IV)certified labors for PD up until 06/01/2006. Not sure about BEC certified labors. Based on the perm data ,DOS just needs approx 10000 visa number to clear the EB2-I PERM cases. I think DOS is right on.
Note: some of you have considered Level III in their calculation which is not correct. Because I am EB2 and my Labor says level IV for wage level.
Note: some of you have considered Level III in their calculation which is not correct. Because I am EB2 and my Labor says level IV for wage level.
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santb1975
04-28 09:01 AM
We have long ways to go.
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gapala
03-20 07:06 PM
never worked for "employer x" after H1 transfer, perhaps you are out of status. What is your lawyer saying? You never transferred H1 back to emplyer#2?
I do not think this is the case with OP, given that I quote, Employer X offiered me a job and sponsored my H1B and got it approved too". I guess this is a new H1B filing rather than a transfer from Employer #2 to Employer X. if this is a transfer, OP is in trouble as you suggested and the employment from transfer approval date till now will be considered "unauthorized work".
could you confirm whether Employer X thing is a transfer or fresh filing?
I do not think this is the case with OP, given that I quote, Employer X offiered me a job and sponsored my H1B and got it approved too". I guess this is a new H1B filing rather than a transfer from Employer #2 to Employer X. if this is a transfer, OP is in trouble as you suggested and the employment from transfer approval date till now will be considered "unauthorized work".
could you confirm whether Employer X thing is a transfer or fresh filing?
more...
jonty_11
07-14 01:25 PM
I think you guys are current with the Aug bulletin only (EB2 India has been on Apr 04 for a while)...I was asking for folks with BEC EB2 with PDs that have been current for a while but still not received their GCs. WOuld be interesting to know and also gives an indication of how fast really USCIS adjudicates applications once they become current.
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ram04
12-19 08:47 PM
I was on H1 with new company, so I never stopped working.
Hope this helps.
- Ram
Great news. I am in smilar case, My MTR is filed 10days ago and waiting for case to reopen.
Ram, Did you work during 7 weeks? Some attorneys suggest not to work.
Hope this helps.
- Ram
Great news. I am in smilar case, My MTR is filed 10days ago and waiting for case to reopen.
Ram, Did you work during 7 weeks? Some attorneys suggest not to work.
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gsc999
02-11 02:45 AM
1. Bush is a lame duck president now.
2. He is not going to do anything for anyone in his last few months. Especially for us who are not in anybody's radar.
3. The white house is better staffed to handle mail and has a larger team to scrutinize mails. Truth is Bush meay never hear about 25K mails sent over a month.
25 K Mails sent in 2 days well may be.
This is a good effort but wrong target. May be ppl sense that and are holding off.
4. We cannot be just an internet forum anymore we need meet n greets..periodic meetings that bring ppl together face to face.
--
That is right and there are "million" other reasons I can give you that odds are stacked so high against us. This is time to act not analyze.
Will you kindly show some team work and participate in the effort instead of providing critical feedback midway in the campaign. We knew what we were getting into. If you disagree with IV's goal that is fine too but it is unfair to hundred of volunteers who are as smart and analytical, as yourself, if not more and still spend hundreds of volunteer hours on this campaign and come back to be greeted by such unhelpful and critical posts.
The reason we might fail will not be because of high odds against us, or wrong target, rather inaction and refusal to either be a leader or a follower on IV campaign issues
2. He is not going to do anything for anyone in his last few months. Especially for us who are not in anybody's radar.
3. The white house is better staffed to handle mail and has a larger team to scrutinize mails. Truth is Bush meay never hear about 25K mails sent over a month.
25 K Mails sent in 2 days well may be.
This is a good effort but wrong target. May be ppl sense that and are holding off.
4. We cannot be just an internet forum anymore we need meet n greets..periodic meetings that bring ppl together face to face.
--
That is right and there are "million" other reasons I can give you that odds are stacked so high against us. This is time to act not analyze.
Will you kindly show some team work and participate in the effort instead of providing critical feedback midway in the campaign. We knew what we were getting into. If you disagree with IV's goal that is fine too but it is unfair to hundred of volunteers who are as smart and analytical, as yourself, if not more and still spend hundreds of volunteer hours on this campaign and come back to be greeted by such unhelpful and critical posts.
The reason we might fail will not be because of high odds against us, or wrong target, rather inaction and refusal to either be a leader or a follower on IV campaign issues
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ianlock
09-18 09:38 AM
That is the only option i had open to me...
I am a plumber, no degree, but equivalent qualifications.. dont qualify for H1B, and once you have shown perminat intent you carnt go back to a temp visa..so catch 22 for me.. i had to go out there get a job, and then start the process. And yes my future employer has been very understanding about it. they have been waiting for me for 2 years so far...so am anxious to say the least to get out there.
Strange thing is, in the midst of all this, i have had my fee bill, paid that, and now my attorny has received my DS230, and sent that back yesterday?? so god knows what is happening. even though the dates arnt current.???
i give up trying to figure out what is going on over there. im hoping they will just finish up with it and send it to the embassy in london, so at least it will all be here even if it just sitting here waiting for a number to become available.
My be the november bulitin will show some kind of movment?
lets all hope so.
I am a plumber, no degree, but equivalent qualifications.. dont qualify for H1B, and once you have shown perminat intent you carnt go back to a temp visa..so catch 22 for me.. i had to go out there get a job, and then start the process. And yes my future employer has been very understanding about it. they have been waiting for me for 2 years so far...so am anxious to say the least to get out there.
Strange thing is, in the midst of all this, i have had my fee bill, paid that, and now my attorny has received my DS230, and sent that back yesterday?? so god knows what is happening. even though the dates arnt current.???
i give up trying to figure out what is going on over there. im hoping they will just finish up with it and send it to the embassy in london, so at least it will all be here even if it just sitting here waiting for a number to become available.
My be the november bulitin will show some kind of movment?
lets all hope so.
more...
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mani_r1
06-27 04:44 PM
i efiled on June 9th and finger scan and photo appt on July 7th. i hope they don't approve my application before then :rolleyes:
Is your application with TSC or NSC?
Is your application with TSC or NSC?
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ca_immigrant
10-20 02:17 PM
Hi,
i too got an email saying card production has been ordered....
was overjoyed....
few days later I recieved a cover which almost looked like it could be the card...
I was about to open it that my wife woke me up saying...."it's time to go to the office, get up"
I had an arguement with her after that saying...you should have waited 2 more minutes before waking me up....we would have had a gc if you had waited.. !!
anways, back to square 1.
one of the forum members mentioned above..."I finally got a letter from the Director of Homeland Security apologizing for the error and appreciating my honesty "
I wonder if we are all going to get a letter some day saying...thanks for your patience...we are almost there ! just a few more years please....and I assure you that we will send you your green card...
i too got an email saying card production has been ordered....
was overjoyed....
few days later I recieved a cover which almost looked like it could be the card...
I was about to open it that my wife woke me up saying...."it's time to go to the office, get up"
I had an arguement with her after that saying...you should have waited 2 more minutes before waking me up....we would have had a gc if you had waited.. !!
anways, back to square 1.
one of the forum members mentioned above..."I finally got a letter from the Director of Homeland Security apologizing for the error and appreciating my honesty "
I wonder if we are all going to get a letter some day saying...thanks for your patience...we are almost there ! just a few more years please....and I assure you that we will send you your green card...
more...
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satishtr
07-22 02:17 PM
People think best in their native language, that�s why Japanese, Chinese, Americans or the Europeans progressed faster with all the challenges. I think India should give opportunity for every language not just Hindi and English to go maximize once potential. For historical reasons I think every Indian has the duty to preserve all our languages and heritage. Instead of confusing people with mandates, we should have more options. On personal note I like Tamil even though I am not a tamilian, because it is the only international, oldest living and a classical language from India.
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piyushpan
03-22 11:42 PM
Hi stucklabor,
That was a good analysis.
So to summarize what you are saying is the following(as per Frist's bill)
1 People who have advanced degrees and are presently working can apply for adjustment of status(I-485) even if they don;t have a labor or a pending I-140 but they will be subject to quota to get the final approval.
2Secondly for people who are presently studying and doing their MS they can directly apply for I-485 if they have a US job offer within one year after graduation but they will be subject to quota as well
3Thirdly there is the category which has MS/Phd and 3 yrs of related exp.
For this category they can directly apply for I-485 and no quota issues either.
My question is for all these 3 categories can you really directly apply for I-140 and I485 concurrently or do you have to have a certified labor certification or pending I-140 at the time of enact ment of the bill.
I am asking because i have an approved perm labor and I-140 and waiting to file for I-485..but my company is not doing well so i may have to restart the process all over again in the new company i join.But if i have to file only I-140 and I-485 to get the GC in new company and if this bill becomes law then that would be amazing as i don;t have to go through the labor cert process anymore..
Can you confirm what i'm interpreting is correct?
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.
That was a good analysis.
So to summarize what you are saying is the following(as per Frist's bill)
1 People who have advanced degrees and are presently working can apply for adjustment of status(I-485) even if they don;t have a labor or a pending I-140 but they will be subject to quota to get the final approval.
2Secondly for people who are presently studying and doing their MS they can directly apply for I-485 if they have a US job offer within one year after graduation but they will be subject to quota as well
3Thirdly there is the category which has MS/Phd and 3 yrs of related exp.
For this category they can directly apply for I-485 and no quota issues either.
My question is for all these 3 categories can you really directly apply for I-140 and I485 concurrently or do you have to have a certified labor certification or pending I-140 at the time of enact ment of the bill.
I am asking because i have an approved perm labor and I-140 and waiting to file for I-485..but my company is not doing well so i may have to restart the process all over again in the new company i join.But if i have to file only I-140 and I-485 to get the GC in new company and if this bill becomes law then that would be amazing as i don;t have to go through the labor cert process anymore..
Can you confirm what i'm interpreting is correct?
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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eager_immi
07-17 10:31 PM
First of let me tell you life is not fair. All BEC people everyone in this forum empathizes with you esp me since my husband is also a victm, even if they say u should have filed in PERM. I know for a lot of folks this was not a choice for you to make sometimes it is the company, lawyer, ur job situation that is the determining factor. So, please hang in there and contribute without bad mouthing IV. Maybe some of you should become a part of the core and fight for ur rights. The reason I say life is not fair bc people like my husband and I we are not in IT or work for IT consulting companies yet this whole backlog is created bc of that particular industry and abuses to the H1B system and we still suffer. Also, what happens when u work for huge companies that usually don't hire h1b but once they made the step they don't want to loose you since you are an investment for them and hence the wait 5 years to file ur GC. Again life is not fair when the business needs you to move to a different position, or downsizes and you have to start from scratch all over again. Both my husband and I are here for 10 years and are on our 8th year of H1 and this is the first time for me to file 485 with 2006 PD and his labor still has to be filed yet again in Perm. My point life is not fair but you cannot blame others. Very few people are lucky and get GC in a year or year half. If you look most people had some struggle some worse than others. Just be grateful that someone is ready to atleast listen to you and help you fight this long battle.
PlainSpeak
03-28 05:10 PM
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TheOmbudsman
07-19 03:24 PM
I am sorry to tell you that by going to Canada, in the end you may be better off going back home. I lived there as a PR and I have many Canadian citizens that are tired of the lame system back in the Socialist Canada.
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.
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.
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