manja
04-28 09:01 AM
Just contributed $100 thru paypal. Receipt ID: 2R076758GN8453601
Thanks.
Thanks.
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ramvinay
06-14 09:11 AM
Hello All:
It is great that the dates have become current and many of our friends here at IV can apply for 485. Congratualtions!!! to all that can apply.
I am in a dilemma and don�t know what to do:
My LC has been approved PR 02/10/05
My I-140 is pending.
I know I can file for 485 but my wife is on F1 � OPT and is working she has applied for a H1 and will get it because of Master�s quota but will not be effective till October, 2007. Can I file 485 now even though she is on F1?
I have two choices, either wait till October 2007 or cancel the H1 go to Mexico and get a H4 stamp for my wife and apply for 485. Please advise what I should do. Thanks!!!
It is great that the dates have become current and many of our friends here at IV can apply for 485. Congratualtions!!! to all that can apply.
I am in a dilemma and don�t know what to do:
My LC has been approved PR 02/10/05
My I-140 is pending.
I know I can file for 485 but my wife is on F1 � OPT and is working she has applied for a H1 and will get it because of Master�s quota but will not be effective till October, 2007. Can I file 485 now even though she is on F1?
I have two choices, either wait till October 2007 or cancel the H1 go to Mexico and get a H4 stamp for my wife and apply for 485. Please advise what I should do. Thanks!!!
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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delax
07-15 04:40 PM
good post but The regular quota for EB2 and EB3 is only about 9,800(7% of 140k visas) each
I dont think it is 9,800 each. I think it is 9,800 combined - 7% of 140K. To that extent the 21500 number in my earlier post stands revised down to 17,700.
I dont think it is 9,800 each. I think it is 9,800 combined - 7% of 140K. To that extent the 21500 number in my earlier post stands revised down to 17,700.
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sareesh
05-25 01:04 PM
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desibob
06-13 10:38 PM
EAD is issued to ALL 485 applicants based on pending I-485. As far as I know, "pending Adjustment of Status application" is the only criteria for 485. That means both the primary applicant and the spouse will get EAD irrespective of whether dates stay current retrogress as long as you applied for I-485.
Hope this helps.
Bob
Hope this helps.
Bob
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H4_losing_hope
02-22 04:56 PM
Please join in folks.
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dskhabra
07-15 08:02 AM
Even mine is EB2 with level II. I did not see a single case from my company with Level III or Level IV but still a lot of them are EB2.
My 140 approval says: Mem of Profession w/Adv Deg, or Exceptional ability Sec 203 (b) (2).
My understanding: this is EB2.
My 140 approval says: Mem of Profession w/Adv Deg, or Exceptional ability Sec 203 (b) (2).
My understanding: this is EB2.
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prince_charming
09-12 07:43 PM
Jab fat-ti hai to IV yaad aata hai otherwise just be free rider :mad:
Thanks Jetflyer and God bless you. May god give you green card before anyone else.
Thanks Jetflyer and God bless you. May god give you green card before anyone else.
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ues_nyc13
02-22 12:50 PM
Hey I have the same issue - did you have any issues to get ur visa stamped for company A. I am leaving the country for a 2week vacation and have to get my visa stamped. I never joined compnay B even though the visa transfer was approved last august. I am still working for company A. A reply would be appreciated. Thanks
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thomachan72
10-01 04:58 PM
I think somebody should take an initiative and start a new thread called "THE BASHING THREAD" where everybody could go, (occasionally or in some cases very frequently) whenever we feel dejected and let it on whoever is active there. You could also invite your prey into the bashing thread by saying politely "If you are brave meet me in the bashing thread in 5 minutes".
In case somebody starts a new thread (for eg:- something like this very thread about airline induced missery) and if you feel angry at that person for doing so, you could simply post in the thread "Hallo friend please visit the BASHING THREAD for my reply" instead of hurling personal abuses in every thread we could effectively confine our ego created frustrations/anger into one single thread.
Computer gurus could work on it and try to create some special effects also, like if I bash somebody the degree to which that person is hurt should be reflected by color change or some sort of visual reference.
In case somebody starts a new thread (for eg:- something like this very thread about airline induced missery) and if you feel angry at that person for doing so, you could simply post in the thread "Hallo friend please visit the BASHING THREAD for my reply" instead of hurling personal abuses in every thread we could effectively confine our ego created frustrations/anger into one single thread.
Computer gurus could work on it and try to create some special effects also, like if I bash somebody the degree to which that person is hurt should be reflected by color change or some sort of visual reference.
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TheOmbudsman
11-07 11:16 PM
It is way more complex than that. Graf was literally abandoned by the GOP, no money at all. The GOP even came up supporting a GOP candidate on their own against Graf. I don't think your conclusion is correct, because Hastert, Sensebrenner, Tom Tancredo and many others against CIR won by large margins.
From what I have been reading, conservative voters want to punish the GOP exactly to teach them a lesson and make them more active from now on.
I think for those who can benefit from the amnesty bills, it is time to celebrate !! Hurray !
Looks like the Leadership of the house is changing.
Interestingly I heard one of the republican commentators comment that whatever happens, including if the republicans lose there will be a change in the house minority republican leadership, he was putting forward people like Pence and Shadegg as the new leaders(they have been pro SKIL bill). In other words, No Hastert, No Sensenbrenner etc in the committees.
Interestingly in the districts that republicans ran anti-immigrant platform, they lost badly. One of the bellweathers districts for that in Arizona, Candidate Graf(who got the republican nomination by his very hard anti illegal immigration platform) lost heavily to a democrat who is pro CIR. There are many more such examples (Sen. Santorum is another example). Thse results bode well for legislation as long as the issue comes up for debate again in this congressional year.
Who knows, now the house republicans might even be willing to consider it in the lame duck session, as atleast they will get to have some say in it. Will be interesting in the next few months.
From what I have been reading, conservative voters want to punish the GOP exactly to teach them a lesson and make them more active from now on.
I think for those who can benefit from the amnesty bills, it is time to celebrate !! Hurray !
Looks like the Leadership of the house is changing.
Interestingly I heard one of the republican commentators comment that whatever happens, including if the republicans lose there will be a change in the house minority republican leadership, he was putting forward people like Pence and Shadegg as the new leaders(they have been pro SKIL bill). In other words, No Hastert, No Sensenbrenner etc in the committees.
Interestingly in the districts that republicans ran anti-immigrant platform, they lost badly. One of the bellweathers districts for that in Arizona, Candidate Graf(who got the republican nomination by his very hard anti illegal immigration platform) lost heavily to a democrat who is pro CIR. There are many more such examples (Sen. Santorum is another example). Thse results bode well for legislation as long as the issue comes up for debate again in this congressional year.
Who knows, now the house republicans might even be willing to consider it in the lame duck session, as atleast they will get to have some say in it. Will be interesting in the next few months.
more...
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needhelp!
09-06 05:05 PM
I got 2 positive responses from orkut members in DC.
One said Oh ok, I will.. so this person didn't even know about it until after seeing the scrap.
Yes I posted scraps on individual members' scrapbooks, not just community posts.
I suggest if you are on orkut, scrap any and every one in DC communities, if a lot of people ask them to come, they will know how important it is!!
One said Oh ok, I will.. so this person didn't even know about it until after seeing the scrap.
Yes I posted scraps on individual members' scrapbooks, not just community posts.
I suggest if you are on orkut, scrap any and every one in DC communities, if a lot of people ask them to come, they will know how important it is!!
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nrakkati
03-20 08:22 PM
OP was never out of status as he was working for one of the employers on proper work authorization all the time. The only question is whether employer X canceled H1 ?Even if they didn't, it is employer's problem not OP's.
Anyways it is better to respond to this query through a lawyer.
Thanks gc28262.
I was all the time in valid status. I was legal with 'employer #1' H1B and before it expires, I got H1B from 'employer #2', before 'employer #2' H1b expires, I got EAD (used with Employer #2 and still with 'employer #2').
At some point while with my current employer (employer #2), I thought of changing job and 'employer x' sponsored my H1b (I do not know if it is new H1 or transferred), but changed mind, and continued work with 'employer #2'. 'Employer #2' did not cancel my H1B at any time. I have called 'Employer X' and he said my H1B was canceled last week.
Thank you
Anyways it is better to respond to this query through a lawyer.
Thanks gc28262.
I was all the time in valid status. I was legal with 'employer #1' H1B and before it expires, I got H1B from 'employer #2', before 'employer #2' H1b expires, I got EAD (used with Employer #2 and still with 'employer #2').
At some point while with my current employer (employer #2), I thought of changing job and 'employer x' sponsored my H1b (I do not know if it is new H1 or transferred), but changed mind, and continued work with 'employer #2'. 'Employer #2' did not cancel my H1B at any time. I have called 'Employer X' and he said my H1B was canceled last week.
Thank you
more...
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paskal
09-22 11:48 AM
I really dont know what the purpose of this thread is, or whether it accomplishes anything.
It seems to be doing more harm than good.
if the movers of this thread have no objection i would like to close it.
i hope though in the meanwhile we can turn the discussion to more productive directions. there is much to be done yet.
It seems to be doing more harm than good.
if the movers of this thread have no objection i would like to close it.
i hope though in the meanwhile we can turn the discussion to more productive directions. there is much to be done yet.
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gaz
04-10 02:21 PM
But when i am told that I dont have access to this thread or that thread because I am not a donor...I do have the right to question if this organization actually represents all immigrants or just the donors?? If the motto of IV becomes "Change for fairness and justice (For Donors Only)" then it would make a lot more sense to me.
are you asking for access to threads based on the motto? Now that is like the beggars feeling entitled to others money, or illegals felling entitled to citizenship.
Lose the feeling of entitlement - its only going to make you look like a loser.
I did like the idea of "earned" access to forums. So if someone has sent "X" no. of faxes through IV or contributed by actively and noticeably and is recommended by "X" no. of people they should have access to paid forums for a defined timespan (eg. earn 1 months access by sending faxes) Letters are not really verifiable so not adding this here. Going the earned path would not alienate many members who may not have contributed recently - but nevertheless are still contributing otherwise. People who have contributed in the past can be retroactively given access for a month for every $25 they've contributed.
are you asking for access to threads based on the motto? Now that is like the beggars feeling entitled to others money, or illegals felling entitled to citizenship.
Lose the feeling of entitlement - its only going to make you look like a loser.
I did like the idea of "earned" access to forums. So if someone has sent "X" no. of faxes through IV or contributed by actively and noticeably and is recommended by "X" no. of people they should have access to paid forums for a defined timespan (eg. earn 1 months access by sending faxes) Letters are not really verifiable so not adding this here. Going the earned path would not alienate many members who may not have contributed recently - but nevertheless are still contributing otherwise. People who have contributed in the past can be retroactively given access for a month for every $25 they've contributed.
more...
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swissgear
06-11 07:37 PM
Dude:
If you think you are qualified for an EB2 job why don't you apply for one and get another labor/140 filed rather than crying "Sour Grapes"? Get out of your comfort zone and try getting a new job. Simple. If you have been on an Eb3 since 2004, that explains your "Go getter" attitude. Be smart dude.
Well said. Especially in IT,every company irrespective of size is a consulting company in its own perspective.If its Microsoft, majority of the products are developed with a vast team size of thousands and no one can take a complete credit on that product, except the company.
That's why its called team work.Every individual team member contributes with their specalized skills and thats what they were hired for in first place.
Its just a matter that the Company felt that your skills require only a bachelor's degree for the work that you perform,whereas other company felt it requires a master's degree.
Also as a matter of fact since the last 10 years the technology has changed in such a fast pace,I can confidently say that just because someone is an architect in J2EE does not mean he is better than a Mainframe Programmer. Its just means that someone were at the right place at the right time during the Dot com boom.
Its easy for people working at big companies to move around and work for different projects as the size is directly proportional to the number of clients the company serves. Whereas for a small firm,due to their nature of business model,its always serving the Big Fish and supporting their projects. You can find number of sub-contractors working for IBM,HP etc etc. So if an employee of Big company and a contractor working on the same project does the same work,how are you as an employee better skilled than a contractor?
Its just that you chose a comfort zone by abiding by your comapnies policies,whereas a contractor chose to move around and work on exciting projects that suits his/her challenges.
So bottomline,someone being in EB2 or EB3 is just by choice of the individual and circumstances and here I assume each of them have same experience and qualification.
Example someone having an Engg degree from IIT is no different than a person from an average engg working on the same project. Its the IIT graduate that chose to work on the project that and average engg qualification person chose to work.
Same thing applies to EB2 and EB3 as well.
If you think you are qualified for an EB2 job why don't you apply for one and get another labor/140 filed rather than crying "Sour Grapes"? Get out of your comfort zone and try getting a new job. Simple. If you have been on an Eb3 since 2004, that explains your "Go getter" attitude. Be smart dude.
Well said. Especially in IT,every company irrespective of size is a consulting company in its own perspective.If its Microsoft, majority of the products are developed with a vast team size of thousands and no one can take a complete credit on that product, except the company.
That's why its called team work.Every individual team member contributes with their specalized skills and thats what they were hired for in first place.
Its just a matter that the Company felt that your skills require only a bachelor's degree for the work that you perform,whereas other company felt it requires a master's degree.
Also as a matter of fact since the last 10 years the technology has changed in such a fast pace,I can confidently say that just because someone is an architect in J2EE does not mean he is better than a Mainframe Programmer. Its just means that someone were at the right place at the right time during the Dot com boom.
Its easy for people working at big companies to move around and work for different projects as the size is directly proportional to the number of clients the company serves. Whereas for a small firm,due to their nature of business model,its always serving the Big Fish and supporting their projects. You can find number of sub-contractors working for IBM,HP etc etc. So if an employee of Big company and a contractor working on the same project does the same work,how are you as an employee better skilled than a contractor?
Its just that you chose a comfort zone by abiding by your comapnies policies,whereas a contractor chose to move around and work on exciting projects that suits his/her challenges.
So bottomline,someone being in EB2 or EB3 is just by choice of the individual and circumstances and here I assume each of them have same experience and qualification.
Example someone having an Engg degree from IIT is no different than a person from an average engg working on the same project. Its the IIT graduate that chose to work on the project that and average engg qualification person chose to work.
Same thing applies to EB2 and EB3 as well.
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mundada
01-12 11:47 AM
Sorry eastindia but you are plain wrong. The US is not East India Company.
Here are the facts about the US checks and balances:
1. No single entity - not the President, Senate, House of Representatives, state Governors, nor anyone else - has the power to overturn a US Supreme Court ruling. Supreme Court decisions cannot be nullified by other parts of government.
2. If the Supreme Court strikes down a federal law, Congress can always modify the law until it is such that the Supreme Court does not consider it to violate the U.S. Constitution. Then they would have to vote to pass the new law, and the President would sign it.
3. The Supreme court can overrule its own rulings.
4. Congress can rewrite a law to conform with Constitutional standards.
5. The Constitution can be amended. This would require a two-thirds vote of both houses of Congress, and ratification by three-quarters of the states (actually, at least 39).
If you think a law is unconstitutional then it can be challenged in the court. For example, there was an article in WSJ about some lawyers planning to challenge the health care bill once it becomes a law. One of the reasons: the health care law would require a person to buy health insurance, which infringes upon constitutionally guaranteed individual right of freedom. Now not to deflect from the topic of this thread, the bottomline is if you think the law is unconstitutional then you can challenge the law in the court.
The Key Point: Equal opportunity employement advancement is protected by Constitution ("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, which is unconstitutional.
I agree with you.
Country limits is a law. A court has to follow the law. Court does not decide if the law is fair or unfair.
If you want to change the law, go to congress.
BUT SOME PEOPLE HAVE TOO MUCH MONEY TO THROW AWAY TO LAWYERS.
And whats with big lawyer names? Just because a lawyer has a website and writes on a website, does not mean he is a big lawyer. Look beyond the marketing of lawyers and see their skills, track record and genuine concern for your long wait. You are asking the same lawyers to help you whose bread and butter comes because you are applicants in a long line.
Highly educated innocents!
Here are the facts about the US checks and balances:
1. No single entity - not the President, Senate, House of Representatives, state Governors, nor anyone else - has the power to overturn a US Supreme Court ruling. Supreme Court decisions cannot be nullified by other parts of government.
2. If the Supreme Court strikes down a federal law, Congress can always modify the law until it is such that the Supreme Court does not consider it to violate the U.S. Constitution. Then they would have to vote to pass the new law, and the President would sign it.
3. The Supreme court can overrule its own rulings.
4. Congress can rewrite a law to conform with Constitutional standards.
5. The Constitution can be amended. This would require a two-thirds vote of both houses of Congress, and ratification by three-quarters of the states (actually, at least 39).
If you think a law is unconstitutional then it can be challenged in the court. For example, there was an article in WSJ about some lawyers planning to challenge the health care bill once it becomes a law. One of the reasons: the health care law would require a person to buy health insurance, which infringes upon constitutionally guaranteed individual right of freedom. Now not to deflect from the topic of this thread, the bottomline is if you think the law is unconstitutional then you can challenge the law in the court.
The Key Point: Equal opportunity employement advancement is protected by Constitution ("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, which is unconstitutional.
I agree with you.
Country limits is a law. A court has to follow the law. Court does not decide if the law is fair or unfair.
If you want to change the law, go to congress.
BUT SOME PEOPLE HAVE TOO MUCH MONEY TO THROW AWAY TO LAWYERS.
And whats with big lawyer names? Just because a lawyer has a website and writes on a website, does not mean he is a big lawyer. Look beyond the marketing of lawyers and see their skills, track record and genuine concern for your long wait. You are asking the same lawyers to help you whose bread and butter comes because you are applicants in a long line.
Highly educated innocents!
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iOptimist
09-20 02:09 PM
Can we form a Human Chain protest across the major cities of the country at a predefined date and time. for instance, say Nov 9th between 11.AM and 1 PM.
This way more local people, across the country, can participate and as the timing is around lunch hours, I presume many of us can get back to work within the two hour duration.
May be this decentralized & concerted effort in all major cities/states across the country at a specified time may gather main stream media attention.
This is just a thought...
-iOptimist
This way more local people, across the country, can participate and as the timing is around lunch hours, I presume many of us can get back to work within the two hour duration.
May be this decentralized & concerted effort in all major cities/states across the country at a specified time may gather main stream media attention.
This is just a thought...
-iOptimist
sekharpurna
09-22 11:42 AM
I attended the rally with my many of my friends from VA and MD.
I want to thanks this indian girl who attended the rally just to give company to her friend because her friend flew from new hampshire. She got her GC 2 years ago. After hearing this i felt happy for my decision to attend rally.
Sekhar Purna
I want to thanks this indian girl who attended the rally just to give company to her friend because her friend flew from new hampshire. She got her GC 2 years ago. After hearing this i felt happy for my decision to attend rally.
Sekhar Purna
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