alisa
02-11 03:39 PM
And ofcourse, EB-3 ROW would oppose such a move.
Read the term "Not to exceed 28.6 percent plus"That plus means EB3 total can exceed 28.6%..
No.... USCIS is not dumb...They have interpreted the law in the way they think is appropriate....They are applying the over all 7% country cap to China/India EB2 and sending the overflow to EB3 ROW..... It is not fair but it is not exactly illegal...The law is open to interpretation and USCIS has chose to select this interpretation......You can take a crack at suing the USCIS.....I doubt that you would get anywhere......The EB2 India/China might benefit from the lawsuit....But as you know not all members would agree on IV spending resources on this lawsuit because this serves only a small section of member population.... At a personal level you can gather a few EB2 China India guys and have a crack at suing USCIS....
Read the term "Not to exceed 28.6 percent plus"That plus means EB3 total can exceed 28.6%..
No.... USCIS is not dumb...They have interpreted the law in the way they think is appropriate....They are applying the over all 7% country cap to China/India EB2 and sending the overflow to EB3 ROW..... It is not fair but it is not exactly illegal...The law is open to interpretation and USCIS has chose to select this interpretation......You can take a crack at suing the USCIS.....I doubt that you would get anywhere......The EB2 India/China might benefit from the lawsuit....But as you know not all members would agree on IV spending resources on this lawsuit because this serves only a small section of member population.... At a personal level you can gather a few EB2 China India guys and have a crack at suing USCIS....
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anzerraja
07-19 06:36 PM
Thanks very much !
Will DO...Just gimme some time.
Will DO...Just gimme some time.
humdesi
10-16 10:06 PM
Namechecks:
IV will be soon posting some updates on this. We have done some ground work on this issue in the recent past and have got positive response. Stronger support from our members, will definitely help us push this agenda item. IV feels that this issue is going to be a big roadblock for a lot of us now, after people have filed their I485s. It is possible to get a much wider bi-partisan support on this issue by us and we are already pursuing it.
Pls. stay tuned on this issue.
So what's the new development?
IV will be soon posting some updates on this. We have done some ground work on this issue in the recent past and have got positive response. Stronger support from our members, will definitely help us push this agenda item. IV feels that this issue is going to be a big roadblock for a lot of us now, after people have filed their I485s. It is possible to get a much wider bi-partisan support on this issue by us and we are already pursuing it.
Pls. stay tuned on this issue.
So what's the new development?
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akred
10-11 11:03 PM
Nice link. When I looked at list of banks I realised that the 10% is about domestic deposits. How am I eligible for this? How can deposit and get the money back over time?
You open a resident account in a bank and file an Indian tax return for the earnings. If you need money outside India, you can remit $200,000 per person every year (i.e. $400,000 for a couple), which is a large enough limit for most circumstances.
http://www.rbi.org.in/SCRIPTs/BS_PressReleaseDisplay.aspx?prid=17068
You open a resident account in a bank and file an Indian tax return for the earnings. If you need money outside India, you can remit $200,000 per person every year (i.e. $400,000 for a couple), which is a large enough limit for most circumstances.
http://www.rbi.org.in/SCRIPTs/BS_PressReleaseDisplay.aspx?prid=17068
more...
willwin
06-13 09:22 AM
Are you sick?
Go and check how many EB3 India and EB2 India applications approved each year. They are approving double or triple the number of EB3 applications than they approve EB2. Go back to past and ask people not to apply in EB3, then only it solves your problem.
Its all because of toooooooooo many EB3 india applications in past. So, live with that fact.
Those are not nice words. You can always tell that person that his/her logic was wrong but don't say that EB3 folks deserve the long wait. If everyone of us had applied for EB2, then EB2 queue would be in the same plight as EB3 today, don't forget that!
And realize that most of the EB3 folks actually deserve to be in EB2 but for their respective Organization's policy to apply for EB3. I mean to say, it wasn't an option for many.
Go and check how many EB3 India and EB2 India applications approved each year. They are approving double or triple the number of EB3 applications than they approve EB2. Go back to past and ask people not to apply in EB3, then only it solves your problem.
Its all because of toooooooooo many EB3 india applications in past. So, live with that fact.
Those are not nice words. You can always tell that person that his/her logic was wrong but don't say that EB3 folks deserve the long wait. If everyone of us had applied for EB2, then EB2 queue would be in the same plight as EB3 today, don't forget that!
And realize that most of the EB3 folks actually deserve to be in EB2 but for their respective Organization's policy to apply for EB3. I mean to say, it wasn't an option for many.
pdjune2003
12-17 09:08 AM
My PD Is 18-Jun-2003
more...
pappu
10-11 10:28 AM
Namechecks:
IV will be soon posting some updates on this. We have done some ground work on this issue in the recent past and have got positive response. Stronger support from our members, will definitely help us push this agenda item. IV feels that this issue is going to be a big roadblock for a lot of us now, after people have filed their I485s. It is possible to get a much wider bi-partisan support on this issue by us and we are already pursuing it.
Pls. stay tuned on this issue.
================
Update
Oct 22. 2007
http://immigrationvoice.org/index.php?option=com_content&task=view&id=81&Itemid=61
IV will be soon posting some updates on this. We have done some ground work on this issue in the recent past and have got positive response. Stronger support from our members, will definitely help us push this agenda item. IV feels that this issue is going to be a big roadblock for a lot of us now, after people have filed their I485s. It is possible to get a much wider bi-partisan support on this issue by us and we are already pursuing it.
Pls. stay tuned on this issue.
================
Update
Oct 22. 2007
http://immigrationvoice.org/index.php?option=com_content&task=view&id=81&Itemid=61
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snathan
01-17 12:14 PM
The response is expected. Unless IV core members support nothing will move. Many similar threads came and go in past. IV is giving critical updates only to Donor members. So only donor members will know what is happening. Others will not know anything and will not have any direction. That may be one of the reason for poor response for these kinds of polls. If majority of the members are donors then that will be effective.
I request you not to deviate from the topic. Lets hope IV core come up and support in this struggle.
I request you not to deviate from the topic. Lets hope IV core come up and support in this struggle.
more...
fasterthanlight�
06-22 07:31 PM
wow it's just a stupid poll on a friggin PS battle guys, you sound so desperate...
Thats because I want to win dammit.
Thats because I want to win dammit.
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jfredr
07-15 09:55 AM
signed
more...
stucklabor
04-08 11:17 AM
Xu1, that is a valid concern. I have sent in this request to admin. But on important issues like this, please do PM admin and other Moderators in addition to public posts. The core group is so drained by all the during the week activities that posts may not be actively monitored during weekends. I think the problem is also logistical, in that we are now getting a lot of checks - which is great, but also now, the core team members handling finances must now take time out to start sending email receipts. So wait for admin and the financial people to get back to you.
Moderators, do you think it's possible to issue an email receipt to contributors? I donated $250 so far and the first $100 was done through my bank billpay.. However, the online billpay deducted the amount right away, and it didn't give me any indication whether the check was actually endorsed by the intended recipient on the supposed delivery date.. Worrying about that, I sent in my second contribution via paypal.
Writing an actual paper check, I would see a copy of endorsement online, or using paypal I would know it's cashed out via email. But this is not the case with my bank's (bank of america) online billpay. Thanks!
Moderators, do you think it's possible to issue an email receipt to contributors? I donated $250 so far and the first $100 was done through my bank billpay.. However, the online billpay deducted the amount right away, and it didn't give me any indication whether the check was actually endorsed by the intended recipient on the supposed delivery date.. Worrying about that, I sent in my second contribution via paypal.
Writing an actual paper check, I would see a copy of endorsement online, or using paypal I would know it's cashed out via email. But this is not the case with my bank's (bank of america) online billpay. Thanks!
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misanthrope
10-03 02:24 PM
Well, you supported gctest by saying that EB3 consultants work for sleazy, body-shopping companies which clearly implied that EB3 consultants are third class and sleazy. Why don't you just retract the original post of yours and the reds will disappear?
Here is what I wrote.
Well, I don't think gctest is against EB3. He is against consultants from sleazy bodyshopping companies, which is right.
Tell me how did you deduce that I am saying that EB3 consultants work for sleazy, body-shopping companies and IMPLIED that they are third-class.
There is NO logical connection. It is actually YOU who is telling me that those consultants are third-class and that is visible in the quoted post above.
After this financial sector meltdown, many big brains may end up working for these sleazy firms to save their H1B, which is NOT wrong. It's again, the choices that you make. I am sure most of them would have other options too.
I am sorry, I can live with reds but I will not be a conformist.:)
Here is what I wrote.
Well, I don't think gctest is against EB3. He is against consultants from sleazy bodyshopping companies, which is right.
Tell me how did you deduce that I am saying that EB3 consultants work for sleazy, body-shopping companies and IMPLIED that they are third-class.
There is NO logical connection. It is actually YOU who is telling me that those consultants are third-class and that is visible in the quoted post above.
After this financial sector meltdown, many big brains may end up working for these sleazy firms to save their H1B, which is NOT wrong. It's again, the choices that you make. I am sure most of them would have other options too.
I am sorry, I can live with reds but I will not be a conformist.:)
more...
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kittu1991
12-23 11:34 AM
Hi Guys. I am trying to take an appointment in Jan. The earliest I can get is 11th in Kollkata. I have booking to travel to US on 26th. After listening to the delays here, I am confused where to go for stamping or return with AP.:confused::confused:
Please advise; guys who have been through stamping recently. Appreciate your feedback.
About couple of weeks ago my employer had arranged a, life after AOS with our attorney and in their presentation they clearly mentioned that if you have AP don't go for visa stamping waste cople of days of your life.
Correct me if my attorney is wrong and if there is any advantage in getting the visa stamped.
Please advise; guys who have been through stamping recently. Appreciate your feedback.
About couple of weeks ago my employer had arranged a, life after AOS with our attorney and in their presentation they clearly mentioned that if you have AP don't go for visa stamping waste cople of days of your life.
Correct me if my attorney is wrong and if there is any advantage in getting the visa stamped.
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sreech
08-02 09:46 AM
Hello All
I applied 140 in EB2 and got an RFE on Education.I have a Bachelors(3year) and masters(2years) with 8 years of experience.I have submitted an education valution with the petition still got an RFE asking to provide one with the following points
1)Consider formal education only, not practical training experience
2) State the collegiate training was post secondary education i .e. did the applicant complete the United States equivalent of high school before entering college
3)provide a detailed explanation of the material evaluated and how the evaluator has reached their conclusions rather than a simple conclusive statement
any one please help who has gone through this before
thanks
sree
I applied 140 in EB2 and got an RFE on Education.I have a Bachelors(3year) and masters(2years) with 8 years of experience.I have submitted an education valution with the petition still got an RFE asking to provide one with the following points
1)Consider formal education only, not practical training experience
2) State the collegiate training was post secondary education i .e. did the applicant complete the United States equivalent of high school before entering college
3)provide a detailed explanation of the material evaluated and how the evaluator has reached their conclusions rather than a simple conclusive statement
any one please help who has gone through this before
thanks
sree
more...
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hibworker
03-26 07:12 PM
Soft LUD on Mar 19, didn't apply for EAD / AP. 485 Received date of Aug 1, 2007
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pmb76
07-17 02:18 AM
Folks,
We have around 764 signatures on the petition. There are around 13,000 active members on IV. C'mon don't tell me that the rest 12000 of you love Lou Dobbs. Please sign, spread the word, tell your friends. You are doing this for you and not for anybody else.
http://www.petitionspot.com/petitions/loudobbs
We have around 764 signatures on the petition. There are around 13,000 active members on IV. C'mon don't tell me that the rest 12000 of you love Lou Dobbs. Please sign, spread the word, tell your friends. You are doing this for you and not for anybody else.
http://www.petitionspot.com/petitions/loudobbs
more...
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veni001
04-15 06:29 PM
Hi hur11
Please let me know which category you have applied EB2/ EB3. Below is my qualification
Degree : B.Com ( 3 years)
PG : M.C.A (IGNOU - 3 Years)
Experience - 8 Years in India and 3 years in USA with different employer.
Thanks in Advance
-vga
The job must qualify for EB2 first, which means BS+5 yrs of progressive exp or MS as min requirement.
Please let me know which category you have applied EB2/ EB3. Below is my qualification
Degree : B.Com ( 3 years)
PG : M.C.A (IGNOU - 3 Years)
Experience - 8 Years in India and 3 years in USA with different employer.
Thanks in Advance
-vga
The job must qualify for EB2 first, which means BS+5 yrs of progressive exp or MS as min requirement.
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like_watching_paint_dry
12-09 11:13 AM
I read about your intense desire for GC and was thinking to myself... is GC something that someone has to be so very obsessed about? But after reading about your ordeal on this thread, I am starting to see why this is such a joyful time you in you life. Congrats!!! And I wish you all the best ... hope you will get to taste the better fruits of life now after having gone through so much crap.
This is a standing testimonial of the kind of negative impact this broken, fu**ed up immigration system brings to the life of individuals. Core IV team, I think we should package this person's story and use it as an example of how bad things can get in this system and publicize this incident. Maybe mail his story to all the incoming senators and house reps and make them see the kind of shit every single person undergoes in this system. This almost makes Abu Gharib prison system look like a Christmas fete ... atleast they KNOW the kind of crap they will have to endure each day. With the US immigration system, you never know what they will hit you with next.
LWPD
This is a standing testimonial of the kind of negative impact this broken, fu**ed up immigration system brings to the life of individuals. Core IV team, I think we should package this person's story and use it as an example of how bad things can get in this system and publicize this incident. Maybe mail his story to all the incoming senators and house reps and make them see the kind of shit every single person undergoes in this system. This almost makes Abu Gharib prison system look like a Christmas fete ... atleast they KNOW the kind of crap they will have to endure each day. With the US immigration system, you never know what they will hit you with next.
LWPD
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nlssubbu
11-09 07:24 PM
Pros of using H1B:
1. If I-485 denied or having issues in getting approved, then you can still continue with your H1B and have peace of mind.
2. You can bring your spouse / dependents using H4
3. Getting Driving License renewal up to the duration of H1 is not a problem.
4. Can renew in 3 years time period after I-140 approval and can avoid frequent renewal of EAD hassle.
5. EAD renewal every year is expensive and can save money!
Pros of using EAD:
1. Can get a job where the company is not willing to sponsor.
2. Can save H1B time and can be used in future, if needed. [I read about this some time back and users need to check regarding it's validity]
3. Can change companies without any documentation using AC21. [USCIS don’t ask don’t tell policy?]
Please add in appropriate category, if I missed any information.
My 2 cents!
1. If I-485 denied or having issues in getting approved, then you can still continue with your H1B and have peace of mind.
2. You can bring your spouse / dependents using H4
3. Getting Driving License renewal up to the duration of H1 is not a problem.
4. Can renew in 3 years time period after I-140 approval and can avoid frequent renewal of EAD hassle.
5. EAD renewal every year is expensive and can save money!
Pros of using EAD:
1. Can get a job where the company is not willing to sponsor.
2. Can save H1B time and can be used in future, if needed. [I read about this some time back and users need to check regarding it's validity]
3. Can change companies without any documentation using AC21. [USCIS don’t ask don’t tell policy?]
Please add in appropriate category, if I missed any information.
My 2 cents!
raj2007
06-15 01:00 AM
This is how it works. If you file for your 485 now, the next thing that is expected from you is to wait for the receipt, that would take 3 to 4 weeks. Then you will get finger print notice, that might come in three months time. Once you are done with all this then check the processing date of the respective service centre where you have filed your 485 application.
Now coming to the question of unmarried filers, if the principal aplicant's date of marriage is beofe his or her 485 adjudication of adjustment of status, there are two ways principal applicant file for 485 for his or her spouse. The spouse can travel to US on H4 and file for 485 or the principal applicant can do consular processing. Now consular processing is good for those cases whosw w PD is current but since retrogression can kick in anytime it is better to travel to US on H4 and file for 485.
Another important aspect is if you file 485, EAD, Advance Parole and you use EAD, you loose your H1 status, hence on EAD you can not bring in your wife. So unmarried filersn it goes like thisn you go ahead and fileyour 485, then go to your home country brng in your wife on H4n as you have aleast s months of time if NSC, TSC or CSC 485 processing is not current and it is hown 1 month for receipt of 485, three months of time for getting the finger print notice and you can postpone by another month of FP by rescheduling it to another month. So literally you have 4 to 5 months to get married and by that time the dates will retrogress again. So dont worry, just go ahead file your 485 and start looking to get married. But try to bring in your spouse asap so that you can file for your spouses 485 also till the time PD is current. If you are not able to file for 485 for your spouse and you have filed for yourself and whenthe dates retrogresses again when your spouse comed to US you would not be able to use EAD as using EAD nullifies H1 and H4 status. So desi consulting companies will keep on sucking your blood as you cannot change job using EAD. If you need more info on this let me know I have gone through this and waited for almost three years to file for my spouse I resheduled my FP notice in 2004 to get married by the time my wife came retrogression kicked in and waited till June 2007 to file for my wife. My PD june 2002 still waiting
This is 100% incorrect that you lose your H1 when you get your EAD. You can maintain both the status and use H1 for your employement. You can maintain the h1 unless you use AC21 to change job. Check with your attroney for your scenario.
Now coming to the question of unmarried filers, if the principal aplicant's date of marriage is beofe his or her 485 adjudication of adjustment of status, there are two ways principal applicant file for 485 for his or her spouse. The spouse can travel to US on H4 and file for 485 or the principal applicant can do consular processing. Now consular processing is good for those cases whosw w PD is current but since retrogression can kick in anytime it is better to travel to US on H4 and file for 485.
Another important aspect is if you file 485, EAD, Advance Parole and you use EAD, you loose your H1 status, hence on EAD you can not bring in your wife. So unmarried filersn it goes like thisn you go ahead and fileyour 485, then go to your home country brng in your wife on H4n as you have aleast s months of time if NSC, TSC or CSC 485 processing is not current and it is hown 1 month for receipt of 485, three months of time for getting the finger print notice and you can postpone by another month of FP by rescheduling it to another month. So literally you have 4 to 5 months to get married and by that time the dates will retrogress again. So dont worry, just go ahead file your 485 and start looking to get married. But try to bring in your spouse asap so that you can file for your spouses 485 also till the time PD is current. If you are not able to file for 485 for your spouse and you have filed for yourself and whenthe dates retrogresses again when your spouse comed to US you would not be able to use EAD as using EAD nullifies H1 and H4 status. So desi consulting companies will keep on sucking your blood as you cannot change job using EAD. If you need more info on this let me know I have gone through this and waited for almost three years to file for my spouse I resheduled my FP notice in 2004 to get married by the time my wife came retrogression kicked in and waited till June 2007 to file for my wife. My PD june 2002 still waiting
This is 100% incorrect that you lose your H1 when you get your EAD. You can maintain both the status and use H1 for your employement. You can maintain the h1 unless you use AC21 to change job. Check with your attroney for your scenario.
grupak
06-11 01:31 PM
Called all 6 rep's offices plus my local north carolina 4th district rep David Price.
...Felt great and encourage everyone else to give it a try....Try calling just one of them and you will feel the urge to call all of them and do your part...
I know the feeling. Great job.
...Felt great and encourage everyone else to give it a try....Try calling just one of them and you will feel the urge to call all of them and do your part...
I know the feeling. Great job.
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