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.
wallpaper wishes. My husband gave me
GCNaseeb
11-21 07:26 PM
Hi Mehul,
I am so sad and speechless after reading this. The next moment, I remembered that, my Metlife Insurance agent's husband had the same story. But miracle happened; he survived. So don't loose your hope. Sometimes hope is the best medicine.
My prayers are there for you. You will live long years, don't worry.
To answer your question, though I am not aware of any laws for this type of situation, we can always try. I would try to get an appointment with either Zoe Lofgren or Nancy Pelosi. May be there are ways. If you need help, let us know we can accompany you.
I am so sad and speechless after reading this. The next moment, I remembered that, my Metlife Insurance agent's husband had the same story. But miracle happened; he survived. So don't loose your hope. Sometimes hope is the best medicine.
My prayers are there for you. You will live long years, don't worry.
To answer your question, though I am not aware of any laws for this type of situation, we can always try. I would try to get an appointment with either Zoe Lofgren or Nancy Pelosi. May be there are ways. If you need help, let us know we can accompany you.
simple1
05-01 03:27 PM
I repeat to avoid misunderstanding.
This thread tries to findout the correct interpretation of current law.
I am not proposing any change or correction of law. No lobbies or congress involved.
I also strongly believe families should be together and they will be ( as no one will be affected ).
It is a good point that some people have brought up and I am sure IV core will evaluate it to see if it will help more people or less.
However.........
I strongly believe that family should be together. Whatever GC and other immigration issues we have, one should strive for keeping the family together at all times. Missing out on even a few years of togetherness with your spouse and kids is not worth it.
Even in the current system where dependents come under EB quota, I have known people where one spouse got the GC and the other one had to wait for many years because of a name check or something. But the current laws (EAD/AP etc) made sure that atleast the family was not broken up.
If we are looking for a change or correction of law, we need to make sure that the new law has NO kinks that hinder family staying together. If primary applicant gets a GC and the spouse is still waiting for 5 more years (it is possible), then the primary applicant can get citizenship and apply for a new GC for the secondary. Like I said - This situation is possible even in the current system.
As long as kinks are discussed with the lawyers and smoothened out to preserve family togetherness, it should be fine.
This thread tries to findout the correct interpretation of current law.
I am not proposing any change or correction of law. No lobbies or congress involved.
I also strongly believe families should be together and they will be ( as no one will be affected ).
It is a good point that some people have brought up and I am sure IV core will evaluate it to see if it will help more people or less.
However.........
I strongly believe that family should be together. Whatever GC and other immigration issues we have, one should strive for keeping the family together at all times. Missing out on even a few years of togetherness with your spouse and kids is not worth it.
Even in the current system where dependents come under EB quota, I have known people where one spouse got the GC and the other one had to wait for many years because of a name check or something. But the current laws (EAD/AP etc) made sure that atleast the family was not broken up.
If we are looking for a change or correction of law, we need to make sure that the new law has NO kinks that hinder family staying together. If primary applicant gets a GC and the spouse is still waiting for 5 more years (it is possible), then the primary applicant can get citizenship and apply for a new GC for the secondary. Like I said - This situation is possible even in the current system.
As long as kinks are discussed with the lawyers and smoothened out to preserve family togetherness, it should be fine.
2011 valentine wishes for husband
Lok_sumi
10-29 07:28 PM
My current employer is not willing to provide copy of I-140. I got EAD in 2nd week of October 2007. Can I change job using AC21 without copy of I-140 from current employer. What are the documents I need to change job using AC 21? Thanks in advance for your replies
more...
abq_gc
08-23 11:59 AM
[QUOTE=hcard;152461]My checks got encashed this friday. Applications were delivered to NSC on July 2nd, later forwarded to TSC. My I140 was approved in TSC.
Hi Hcard,
Congrats dude. Did u have a LUD on yur I-140 ??
Thanks
Hi Hcard,
Congrats dude. Did u have a LUD on yur I-140 ??
Thanks
nomorelogins
04-30 02:34 PM
gcbikari ,
Your argument is wrong. From the PERM FLATDATA Center DATA,
These are the Figures for TOAL LABOR CERTIFICATIONS for all the countries:
2003--->62912
2004--->43,582
2005---->6133
-----------------
1,12,627
---------------
but these numbers you quote are certifications not applications right? many applications during these years may be in BECs?
Your argument is wrong. From the PERM FLATDATA Center DATA,
These are the Figures for TOAL LABOR CERTIFICATIONS for all the countries:
2003--->62912
2004--->43,582
2005---->6133
-----------------
1,12,627
---------------
but these numbers you quote are certifications not applications right? many applications during these years may be in BECs?
more...
.JPG "poems for husband. you poems")
saimrathi
07-02 08:37 AM
Sent by UPS on June 30. UPS website shows recd at Lincoln, NE at 7.30am on 7/2/07 signed by Hindera.
2010 wishes to husband,
pooja_34
08-31 01:29 PM
How am I being a racist? I'm just pointing out the fact that North and South Indians belong to different races and USCIS should stop clubbing them together.
Stop being a racist. Even if it was intended to be a joke...its a sick one for sure.
Stop being a racist. Even if it was intended to be a joke...its a sick one for sure.
more...
Jaime
06-26 05:10 PM
For your Information India's GDP is 3 trillion USD compare to Mexico 1 trillion USD. Taking into account GDP of EU India ranks 5th in GDP higher than any indivisual European nation where as Mexico ranks 13th. This is as per CIA worldfactbook. So where did you get the number
"Mexico's GDP is essentially equal to India's (India = 775,410, Mexico=768,437). "
Hmmn did I forget you are an MBA from Mexico ?
(What would happen if India shared a land border with the U.S.A. - One can only imagine! Instead of 7 million illegal Mexicans, we would have 400 million illegal Indians here!)
Lets get this thing straight buddy without shadow of any doubt there are more Mexican than Indian in USA. But what about the number of doctors, computer scientist, economist, professors of reputable Universities, physcisist of Indian origin compare to Mexican origin.
I will ignore your familiarity in calling me your "buddy". Find something constructive to say in regards to our IV goals instead of attacking. To begin with, this is not the place for me to explain to you the details of difference between Purchasing Power Parity (PPP) GDP (that you quote) and the market exchange rate GDP which I quoted. But since you raised the subject, PPP GDP is adjusted to accomodate for different inflation and consumption rates in different countries. Without the PPT adjustment, India's GDP is equal to Mexico's, even though India has 11 times the population of Mexico. The reason India comes in 4th with the PPP adjustment in the world is because the ruppee is undervalued and Indians have a purchasing power that is 4 times smaller than Mexicans. So, to humor you and use your method of calculation, the Per Capita GDP (PPP) Of India is $3,344 in 2006 and Mexico's is $12,886. "Where are all the Mexican doctores, computer scientists, economists and professors?" you ask. The answer is: They are IN MEXICO making huge salaries, when the Indian ones have to come here because their salaries in India don't give them enough money to eat. Why aren't all the construction workers and lawn workers in the U.S. Indian? Because they cannot affor the airfare. The Mexicans just walk accross the border. Any you know what? All those Indian Professors at Harvard etc are teaching class to all those rich Mexican kids. Get your facts straight before you confront me and make fun of my MBA (which I got in the U.S. incidentally, not Mexico, but if I had wanted I could have gotten a top 20 MBA back home). I just recated to people's racist attacks here. So now, if you have anything to contribute to our IV common cause, welcome! If all you are about is attacking other forum members then please leave and do not come back. Thanks.
"Mexico's GDP is essentially equal to India's (India = 775,410, Mexico=768,437). "
Hmmn did I forget you are an MBA from Mexico ?
(What would happen if India shared a land border with the U.S.A. - One can only imagine! Instead of 7 million illegal Mexicans, we would have 400 million illegal Indians here!)
Lets get this thing straight buddy without shadow of any doubt there are more Mexican than Indian in USA. But what about the number of doctors, computer scientist, economist, professors of reputable Universities, physcisist of Indian origin compare to Mexican origin.
I will ignore your familiarity in calling me your "buddy". Find something constructive to say in regards to our IV goals instead of attacking. To begin with, this is not the place for me to explain to you the details of difference between Purchasing Power Parity (PPP) GDP (that you quote) and the market exchange rate GDP which I quoted. But since you raised the subject, PPP GDP is adjusted to accomodate for different inflation and consumption rates in different countries. Without the PPT adjustment, India's GDP is equal to Mexico's, even though India has 11 times the population of Mexico. The reason India comes in 4th with the PPP adjustment in the world is because the ruppee is undervalued and Indians have a purchasing power that is 4 times smaller than Mexicans. So, to humor you and use your method of calculation, the Per Capita GDP (PPP) Of India is $3,344 in 2006 and Mexico's is $12,886. "Where are all the Mexican doctores, computer scientists, economists and professors?" you ask. The answer is: They are IN MEXICO making huge salaries, when the Indian ones have to come here because their salaries in India don't give them enough money to eat. Why aren't all the construction workers and lawn workers in the U.S. Indian? Because they cannot affor the airfare. The Mexicans just walk accross the border. Any you know what? All those Indian Professors at Harvard etc are teaching class to all those rich Mexican kids. Get your facts straight before you confront me and make fun of my MBA (which I got in the U.S. incidentally, not Mexico, but if I had wanted I could have gotten a top 20 MBA back home). I just recated to people's racist attacks here. So now, if you have anything to contribute to our IV common cause, welcome! If all you are about is attacking other forum members then please leave and do not come back. Thanks.
hair Valentine#39;s Day Greetings From
xela
09-27 08:57 AM
So yes I have a masters and my old company forced me into EB3. If it would have been just that easy that there was 150000 new jobs out there where i could have gone and filed under EB2 I would have. But guess what for most of us it was/is not, especially now. I do not know anyhting about the so called top companies you mention or the Desi ones. I am no computer science major, and I am sure not all of us here are. So please before you make it sound like it is so simple cus it's America, live a few days in someone elses shoes first and then talk. I dont go around and say hey well why didnt you get born in another country... we all are in our own shoes, and understanding someone elses will broaden your horizon and make you less likely to judge people, so try it :-)
This new comapny would have done EB2 if I would have started with them, however i am EB3 row june 2005 and I am hoping my date comes up soon because to be honest i dont have any more money to spend on it all after 10 years. I could buy a new car for what I already spent on it.
Either way good luck everyone I hope we can all work in peace together instead against eachother!
"Same logic applies to people who say "I was eligible to file for EB2, but my employer/lawyer forced me to file on EB3".
It's the ignorance of process, if you are eligible for EB2 .. go join any other company.. it's America .. for God's sake.. "
Agree.. Most of the Top companies file based on the skill set and Qualification and do file EB2 for people who satisfy that requirement. Its the Desi consulting companies who do all the crappy stuff on earth.
Top companies file EB2 for M.S Degree holders and thats what the law says. If one employer does not file under EB2 even after you are eligible for it move to another one. If you have the correct skillset you should be able to find another job.
This new comapny would have done EB2 if I would have started with them, however i am EB3 row june 2005 and I am hoping my date comes up soon because to be honest i dont have any more money to spend on it all after 10 years. I could buy a new car for what I already spent on it.
Either way good luck everyone I hope we can all work in peace together instead against eachother!
"Same logic applies to people who say "I was eligible to file for EB2, but my employer/lawyer forced me to file on EB3".
It's the ignorance of process, if you are eligible for EB2 .. go join any other company.. it's America .. for God's sake.. "
Agree.. Most of the Top companies file based on the skill set and Qualification and do file EB2 for people who satisfy that requirement. Its the Desi consulting companies who do all the crappy stuff on earth.
Top companies file EB2 for M.S Degree holders and thats what the law says. If one employer does not file under EB2 even after you are eligible for it move to another one. If you have the correct skillset you should be able to find another job.
more...
spulugur
02-10 06:19 PM
Paypal transaction: 0KS52061HH8469719
Amt: $100
Amt: $100
hot gallery, Marriage
GCStatus
09-14 04:48 PM
Let's make sure that this thread or http://immigrationvoice.org/forum/showthread.php?t=21340 remains at the top "Recent forum posts" on IV homepage, so that more and more people can notice it and we can take a timely action. We might need some help from admin. to get this done. I see that "IV Forum login problems" thread is hardwired to remain at the top. We can do something similar for our thread.
Dear Admin - If at all its possible?
Dear Admin - If at all its possible?
more...
house wishes to husband: dutch
jobforme
07-10 12:33 PM
How about we come up with a skit where we can reenact the drama about the whole episode in a funny way. Where we can have people portraying roles of USCIS Director, Secrtary of State, Immigrants calling franctically to India to get their documents, parents running around to get doucments, the start of rumor, the employees of uscis working on sunday to adjudicate the cases, then the flip flop of DOS. etc. Then we can put this on youtube and will attract publicity.
tattoo poems for husband. hair love
jsb
12-20 10:23 AM
Hi All,
I would like to know if I will get in trouble if I do this:
First, switch to a completely unrelated job after 180 days of I485 filing,
then, switch back to similar job when my priority date becomes current or close to becoming current.
Does USCIS check what other jobs have I done during the entire adjustee period or it is only concerned about the job at the time of adjudication?
Thanks in advance!
Prior to getting your GC, you can work
(i) On any job using EAD
(ii) Job with a specific employer (which may or may not be your sponsor) using H1, L1, etc.
Until you get your GC, you are supposed to be a guest worker. USCIS only cares if sponsoring employer (or any other employer after 180 days of AOS pending) has a job offer for you on your getting GC.
If you are already working with the employer (prior to or at the time of getting GC) where you would work AFTER getting your GC, it only re-enforces your and your employers intentions.
So, in brief answer to your question is, no you will not be in trouble, as long as sponsoring employer (or any other employer after 180 days) is willing to confirm their intentions of hiring you if and when USCIS asks for it.
You can actually switch your job even prior to 180 days of filings AOS without impacting your case. You need not even have worked at all for the sponsoring emloyer. USCIS memos clarify these issues in detail.
I would like to know if I will get in trouble if I do this:
First, switch to a completely unrelated job after 180 days of I485 filing,
then, switch back to similar job when my priority date becomes current or close to becoming current.
Does USCIS check what other jobs have I done during the entire adjustee period or it is only concerned about the job at the time of adjudication?
Thanks in advance!
Prior to getting your GC, you can work
(i) On any job using EAD
(ii) Job with a specific employer (which may or may not be your sponsor) using H1, L1, etc.
Until you get your GC, you are supposed to be a guest worker. USCIS only cares if sponsoring employer (or any other employer after 180 days of AOS pending) has a job offer for you on your getting GC.
If you are already working with the employer (prior to or at the time of getting GC) where you would work AFTER getting your GC, it only re-enforces your and your employers intentions.
So, in brief answer to your question is, no you will not be in trouble, as long as sponsoring employer (or any other employer after 180 days) is willing to confirm their intentions of hiring you if and when USCIS asks for it.
You can actually switch your job even prior to 180 days of filings AOS without impacting your case. You need not even have worked at all for the sponsoring emloyer. USCIS memos clarify these issues in detail.
more...
pictures poems for husband. you poems
technoboy
10-08 01:45 PM
July 3rd at 9:03 received by R.William
--------------------------------------------------------
lutherpraveen
PDOCT05
i99
helpme1234
kingnaga
waitforgc123
Rohan99
gclongwaytogo
cool_cat
sivanu
GKBest
bluesky1
greener_pasture
July 5th
------------------------------------
chalamcharla
mbsac
July 9, at 11.07 am at Nebraska signed by F.HEINAUER
------------------------------------------------------
krustycat
July 11, at 11.24 am at Nebraska signed by F.HEINAUER
-----------------------------------------------------
technoboy
July 13, at 11.11 am at Nebraska signed by F.HEINAUER
------------------------------------------------------
gcnm04
July 16, 9:00 am at Nebraska signed by R Pitcher
--------------------------------------
viveckj99
gcspace
July 16, at 11.16 am at Nebraska signed by F.HEINAUER
------------------------------------------------------
fetch_gc
--------------------------------------------------------
lutherpraveen
PDOCT05
i99
helpme1234
kingnaga
waitforgc123
Rohan99
gclongwaytogo
cool_cat
sivanu
GKBest
bluesky1
greener_pasture
July 5th
------------------------------------
chalamcharla
mbsac
July 9, at 11.07 am at Nebraska signed by F.HEINAUER
------------------------------------------------------
krustycat
July 11, at 11.24 am at Nebraska signed by F.HEINAUER
-----------------------------------------------------
technoboy
July 13, at 11.11 am at Nebraska signed by F.HEINAUER
------------------------------------------------------
gcnm04
July 16, 9:00 am at Nebraska signed by R Pitcher
--------------------------------------
viveckj99
gcspace
July 16, at 11.16 am at Nebraska signed by F.HEINAUER
------------------------------------------------------
fetch_gc
dresses She wishes her husband would
kevin08
11-19 04:53 PM
Recieved standard reply from Senator's office.
more...
makeup pictures hot, Marriage
espoir
07-11 12:43 PM
yes lets put the burning act aside. Also it should be clear in the rallies that it is LEGAL immigration that we are talking. I still see some comments on the news stories. "All Illegals should be sent away"
My point is that any time we talk about immigration, common people think illegal as thats the only side they are exposed to.
---
Nah, we have better things to do than burn something.
Also, we don't want to add to the already hot weather in California and to global warming at large. We need cool ideas not hot headed remarks. :)
My point is that any time we talk about immigration, common people think illegal as thats the only side they are exposed to.
---
Nah, we have better things to do than burn something.
Also, we don't want to add to the already hot weather in California and to global warming at large. We need cool ideas not hot headed remarks. :)
girlfriend wishes. Angie#39;s husband
GCStatus
09-16 04:42 PM
Only 2 people stepped up today....
How are we going to reach 1000?
Give it the benefit of the doubt of members not looking. We will wait till Thursday.
How are we going to reach 1000?
Give it the benefit of the doubt of members not looking. We will wait till Thursday.
hairstyles Wishes Quotes For Husband.
gvenkat
01-30 10:53 PM
If no one is ready to give you a job, then LEAVE to your home country! Period! No one forced you to come to this country. And if you do not have a job then no one has invited you here. You are on your own! But if you want to stay, then abide by the rules. Get yourself into another visa status.
What makes you think everyone files for H-1B through a body shop? This is the lamest statement I have heard on this forum!
Do you have a brain? seriosly... .. I wish people like u suffer through what everyone else who has lost a job or in the bnech go through...
So why the hell u came to the country... i think u are one of those cheap ass off shore guys who is onsite and showing off.. man
dont come to me mouthing off again... i did my master's here and i got job in OPT and my company sponsored my H1. I have friedns who sufferd through the phase of not getting a job and had to go through the desi consultants.. they were in no way inferior to u or me.. plain bad luck.. u ask them to go to their home country is it... moron grow some brains
What makes you think everyone files for H-1B through a body shop? This is the lamest statement I have heard on this forum!
Do you have a brain? seriosly... .. I wish people like u suffer through what everyone else who has lost a job or in the bnech go through...
So why the hell u came to the country... i think u are one of those cheap ass off shore guys who is onsite and showing off.. man
dont come to me mouthing off again... i did my master's here and i got job in OPT and my company sponsored my H1. I have friedns who sufferd through the phase of not getting a job and had to go through the desi consultants.. they were in no way inferior to u or me.. plain bad luck.. u ask them to go to their home country is it... moron grow some brains
gondalguru
08-26 04:50 PM
Got EAD renewal card production order email today for me and my wife.
Applied on July 7th, 2008 (TSC)
Approved August 26th, 2008
Don't know if its for two years or one year.
I am current with 2004 EB-2 I priority date.
Applied on July 7th, 2008 (TSC)
Approved August 26th, 2008
Don't know if its for two years or one year.
I am current with 2004 EB-2 I priority date.
CADude
10-11 04:09 PM
Wakeup guys/gals, work for FIFO otherwise your wait will be 2 days to 100 days on RIRO process.
Please participate in tomorrow teleconference with CIS Ombudsman�s office. This will be last chance to force and allow FIFO Don't let miss this Golden opportunity.
Details provided in many tread.
July VB Fiasco I-485 Receipting Delays
The USCIS has yet to release the detailed progress report on the receipting delays in terms of the numbers that have yet to be processed for receipting. The only thing people know through various private websites just indicates that there are a plenty of people who are still waiting for filing fee checks cashed or receipt notices received for the cases which were filed as early as July 2, 2007, not to mention any later cases.
We reported earlier that the USCIS had allegedly received total of 800,000 cases for the July VB fiasco cases. There is an unconfirmed report that they have completed the receipting only half way through of the total, meaning approximately 400,000. There are no sources of information to verify or confirm the figures. However, if it is correct, the USCIS has yet to process mountains of receipting workloads ahead and the filers have some additional sleepless nights which they will have to endure for a while. AMEN!
Please participate in tomorrow teleconference with CIS Ombudsman�s office. This will be last chance to force and allow FIFO Don't let miss this Golden opportunity.
Details provided in many tread.
July VB Fiasco I-485 Receipting Delays
The USCIS has yet to release the detailed progress report on the receipting delays in terms of the numbers that have yet to be processed for receipting. The only thing people know through various private websites just indicates that there are a plenty of people who are still waiting for filing fee checks cashed or receipt notices received for the cases which were filed as early as July 2, 2007, not to mention any later cases.
We reported earlier that the USCIS had allegedly received total of 800,000 cases for the July VB fiasco cases. There is an unconfirmed report that they have completed the receipting only half way through of the total, meaning approximately 400,000. There are no sources of information to verify or confirm the figures. However, if it is correct, the USCIS has yet to process mountains of receipting workloads ahead and the filers have some additional sleepless nights which they will have to endure for a while. AMEN!
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