sam_hoosier
12-16 06:45 PM
if you see life as a series of choices and actions, then the lack of GC inhibits a lot of choices and actions.
Absolutely agree :) However, keep in mind that if one door is closed because of not getting/delay in getting GC, there are other options too.
A good example is EAD & AC21 for people who do not want to stagnate in their careers. Now you might say that using AC21/EAD has risks, but then remember the old adage "no risk, no gain".
If we expect life to hand us everything on a silver platter, and get depressed if that does not happen we just ruin our happiness & peace of mind.
Absolutely agree :) However, keep in mind that if one door is closed because of not getting/delay in getting GC, there are other options too.
A good example is EAD & AC21 for people who do not want to stagnate in their careers. Now you might say that using AC21/EAD has risks, but then remember the old adage "no risk, no gain".
If we expect life to hand us everything on a silver platter, and get depressed if that does not happen we just ruin our happiness & peace of mind.
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cgs
09-03 09:30 AM
..........
Congratulations!!!!!!!!!! Happy Independence.....:)
Congratulations!!!!!!!!!! Happy Independence.....:)
h1techSlave
03-10 05:56 PM
"There goes my people, I must follow them."
I may sound some what negative here but I am not trying to diminish the IV plat form for all the folks here.Yes, it is just "about us" only... what "IV core" did so far is vague....flower campaign and this current FOIA requests started randomly by the individuals thinking collectively.... I don't think it is started by IV core team as an "ACTION" item in the first place.
I may sound some what negative here but I am not trying to diminish the IV plat form for all the folks here.Yes, it is just "about us" only... what "IV core" did so far is vague....flower campaign and this current FOIA requests started randomly by the individuals thinking collectively.... I don't think it is started by IV core team as an "ACTION" item in the first place.
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Caliber
07-28 10:21 AM
It is indeed sad that you continue to pontificate from a perch of indifference and ignorance. We all know that the entire EB immigration system is not a zero sum game (just ask Ron Hira and his ilk). Sad thing is, when it comes to EB3 I's, EB 2's such as you suddenly transform into a Ron Hira lite ... going about throwing broad hints about how the system is setup the way it is ... to serve those 'higher in the pecking order'.
If we were to buy this weak attempt at making a 'logical point', I would be glad to give Ron a call and have his folks look into YOUR respective EB2 applications and find out if there REALLY was "NO" qualified US worker available for that job. Want to play that game?
Look, the EB system is what it is. Instead of trying to bait others into silence by suddenly finding 'fairness in this system', only because this part of the puzzle narrowly goes to serve / protect your gains ... try to come together to fix the underlying weakness in the system.
For the record, I am not bitter about a 7+ year 'wait'. On the contrary, I have grown professionally thanks to the opportunity to focus my energies towards building a Billion dollar corporation. That said, I would LOVE to see the paperwork of EB2 Java 'gurus' and L1 converts stand up to true scrutiny ... and that would open a whole new can of worms. Game?
A great explanation. Your challenge is good. Those who oppose this, should come forward to check if there are really no qualified US Citizens available for their jobs.
I know many L1 employees of Cognizant who come on L1 as Managers with just 2 years of Experience and file in EB1. Sad part is few people use Legal loopholes and screw all others.
If we were to buy this weak attempt at making a 'logical point', I would be glad to give Ron a call and have his folks look into YOUR respective EB2 applications and find out if there REALLY was "NO" qualified US worker available for that job. Want to play that game?
Look, the EB system is what it is. Instead of trying to bait others into silence by suddenly finding 'fairness in this system', only because this part of the puzzle narrowly goes to serve / protect your gains ... try to come together to fix the underlying weakness in the system.
For the record, I am not bitter about a 7+ year 'wait'. On the contrary, I have grown professionally thanks to the opportunity to focus my energies towards building a Billion dollar corporation. That said, I would LOVE to see the paperwork of EB2 Java 'gurus' and L1 converts stand up to true scrutiny ... and that would open a whole new can of worms. Game?
A great explanation. Your challenge is good. Those who oppose this, should come forward to check if there are really no qualified US Citizens available for their jobs.
I know many L1 employees of Cognizant who come on L1 as Managers with just 2 years of Experience and file in EB1. Sad part is few people use Legal loopholes and screw all others.
more...
knnmbd
05-02 02:56 PM
Hm....
Then what is the real need of Eb2 and Eb1 if everything is going to flow to Eb3?
Technically under which conditions and criteria Eb1 and Eb2 would be applicable?
Because you still have the following still not a part of the exemption:
EB1 or Priority Workers : Multinational Executive or Manager
Employment Based Second Preference (EB2) : "aliens of exceptional ability."
Then what is the real need of Eb2 and Eb1 if everything is going to flow to Eb3?
Technically under which conditions and criteria Eb1 and Eb2 would be applicable?
Because you still have the following still not a part of the exemption:
EB1 or Priority Workers : Multinational Executive or Manager
Employment Based Second Preference (EB2) : "aliens of exceptional ability."
jindhal
09-24 10:34 AM
I am not sure if I am correct,
Although no. of visas are awarded "EB category + country" wise, but spillover is not awarded in same fashion.
.e.g. 3000 visa comes to EB2 I & 3000 visa comes to EB3 I.
But spillover comes from EB1 to EB2 irrespective of country. And reason why EB2 I is far ahead is because of spillover gain before it reaches to EB3.
Even if some EB2 I guys are not happy with EB3 person porting to EB2, shouldn't they calm down as whoever is porting taking benefit from spillover for EB2 world and not from spillover EB2 I.
My assumption is spillover comes to "EB2" and not "EB2 + country" wise, if that is not correct then my point is nullified.
The number of visas are awared "(EB + FB) Country" wise. The 7% limit is on the total green cards issued to a country regardless of category. There are two types of spillovers
1) The spillover from EB1 -> EB2
2) The spillover from FB -> EB
In the first scenario the spill over happens from EB1 to EB2 regardless of category, the spillover visas do not have any country cap or other limitations and hence are awarded to the oldest priority date applicants in the EB2 category. (This is why China doesnt support country cap removal as USCIS gives the oldest application the highest priority and most of the older applications are from India). IFF all the EB2 categories are current and there are no more pending EB2 applications the visa numbers spill over to the next category i.e. EB3. Therefore until all of EB2 is current EB3 will not receive any spillover visas.
In the second scenario the spill over happens between the FB and EB categories. If a certain country has not used up its entire FB quota additional number of EB visa's will be made available to the applicants of that country. e.g. If Korea has a total limit of 100 visas, which are evenly split between the EB and FB categories so they each have a limit of 50 visas. Only 20 people applied in the FB categories but 80 people applied in the EB categories. USCIS will approve all those applications even though the EB applicants far exceeded the EB limit.
India doesnt benefit from the FB<=>EB spillover as there are sufficient number of FB applicants as well.
And this is how the cookie crumbles.
Although no. of visas are awarded "EB category + country" wise, but spillover is not awarded in same fashion.
.e.g. 3000 visa comes to EB2 I & 3000 visa comes to EB3 I.
But spillover comes from EB1 to EB2 irrespective of country. And reason why EB2 I is far ahead is because of spillover gain before it reaches to EB3.
Even if some EB2 I guys are not happy with EB3 person porting to EB2, shouldn't they calm down as whoever is porting taking benefit from spillover for EB2 world and not from spillover EB2 I.
My assumption is spillover comes to "EB2" and not "EB2 + country" wise, if that is not correct then my point is nullified.
The number of visas are awared "(EB + FB) Country" wise. The 7% limit is on the total green cards issued to a country regardless of category. There are two types of spillovers
1) The spillover from EB1 -> EB2
2) The spillover from FB -> EB
In the first scenario the spill over happens from EB1 to EB2 regardless of category, the spillover visas do not have any country cap or other limitations and hence are awarded to the oldest priority date applicants in the EB2 category. (This is why China doesnt support country cap removal as USCIS gives the oldest application the highest priority and most of the older applications are from India). IFF all the EB2 categories are current and there are no more pending EB2 applications the visa numbers spill over to the next category i.e. EB3. Therefore until all of EB2 is current EB3 will not receive any spillover visas.
In the second scenario the spill over happens between the FB and EB categories. If a certain country has not used up its entire FB quota additional number of EB visa's will be made available to the applicants of that country. e.g. If Korea has a total limit of 100 visas, which are evenly split between the EB and FB categories so they each have a limit of 50 visas. Only 20 people applied in the FB categories but 80 people applied in the EB categories. USCIS will approve all those applications even though the EB applicants far exceeded the EB limit.
India doesnt benefit from the FB<=>EB spillover as there are sufficient number of FB applicants as well.
And this is how the cookie crumbles.
more...
Lasantha
02-05 03:03 PM
I used David Cohen at http://www.canadavisa.com/
(But he might charge you for a consultation)
Can't your Canadian lawyer who handled your application confirm this?
You can also go to Google Groups for Canadian Immigration and find more info there.
Thanks Lasantha,
I am the primary Applicant. And my wife is secondary applicant. Can u send me any links or a lawyers contact so i can confirm it
(But he might charge you for a consultation)
Can't your Canadian lawyer who handled your application confirm this?
You can also go to Google Groups for Canadian Immigration and find more info there.
Thanks Lasantha,
I am the primary Applicant. And my wife is secondary applicant. Can u send me any links or a lawyers contact so i can confirm it
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gccovet
02-10 02:22 PM
As promised, I am contributing another $25.00 as $1000.00 has crossed. (Cheque has been posted)
I will again donate another $25 when we cross $2000.00
Comeon folks, we can do it.
So far...29 contributions only.....
GCCovet
I will again donate another $25 when we cross $2000.00
Comeon folks, we can do it.
So far...29 contributions only.....
GCCovet
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rick_rajvanshi
07-22 01:19 AM
Hey guys
My PR card in Canada was not issued; they rejected the photos I submitted with the original application. Now they're asking I submit new ones in PERSON!
I will need to get a Canadian Travel document now to re-enter Canada now. Does anyone know how long it takes to get that issued?
Plus, Since I'm using AP as well the whole re-entering the US with the Canadian Visas in my passport is once again an issue. I'm considering giving up on the PR card, since I've technically already completed my landing; I can re-apply for the PR card if and when I decide to move to Canada permanently. Can you guys advise?
-thanks.
I suggest you not to go back for pictures - You can get your cards when you decide to move permanently. Till then , if you need to travel to Canada you can do so only by road ( your own or rental car ) by showing your passport and landing docs. If you want to use any airlines , you 'll have to apply for travel docs at the nearest consulate.
Rest assured, you can get your card when you finally decide to land. It 'll not be complicated. Just approach the CIC center and file for fresh PR Card with some attested documents.
My PR card in Canada was not issued; they rejected the photos I submitted with the original application. Now they're asking I submit new ones in PERSON!
I will need to get a Canadian Travel document now to re-enter Canada now. Does anyone know how long it takes to get that issued?
Plus, Since I'm using AP as well the whole re-entering the US with the Canadian Visas in my passport is once again an issue. I'm considering giving up on the PR card, since I've technically already completed my landing; I can re-apply for the PR card if and when I decide to move to Canada permanently. Can you guys advise?
-thanks.
I suggest you not to go back for pictures - You can get your cards when you decide to move permanently. Till then , if you need to travel to Canada you can do so only by road ( your own or rental car ) by showing your passport and landing docs. If you want to use any airlines , you 'll have to apply for travel docs at the nearest consulate.
Rest assured, you can get your card when you finally decide to land. It 'll not be complicated. Just approach the CIC center and file for fresh PR Card with some attested documents.
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sreeanne
11-21 10:11 AM
I was stunned by seeing this thread. my heartfull blessings for you and your family to handle this situation.
I am not sure how things works. But couple of months back i read somethings in the below line.
There is an organization working for people like you in immigration process. This org started post 9/11. As there were lots of people died then and their spouses dont want to back to their countries and want to live here etc etc. There is a way in IMMIGRATION where IF spouse want to stay where their partners dies due to their memories , they can grant some kind of visa or status. I read this long back. may be you can try that way and as always good lawyer help is needed to go through.
Once again, god bless you and your family
I am not sure how things works. But couple of months back i read somethings in the below line.
There is an organization working for people like you in immigration process. This org started post 9/11. As there were lots of people died then and their spouses dont want to back to their countries and want to live here etc etc. There is a way in IMMIGRATION where IF spouse want to stay where their partners dies due to their memories , they can grant some kind of visa or status. I read this long back. may be you can try that way and as always good lawyer help is needed to go through.
Once again, god bless you and your family
more...
BrazilianCitizen
06-07 01:26 AM
It is better to take your time and make sure everything is sound, then hurry and miss something.
Can you guys let me know whether your checks payable to "Department of Homeland Security" has been canceled? They received my application on June/4 but my check has not been cashed yet. I heard your priority date is the date they actually get your money. Is this true?
Can you guys let me know whether your checks payable to "Department of Homeland Security" has been canceled? They received my application on June/4 but my check has not been cashed yet. I heard your priority date is the date they actually get your money. Is this true?
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amitjoey
05-23 07:27 PM
I have sent to my state senators + 10 senators IV identified. I have also sent an email to the ND senator after he voiced his support for our cause on the senate floor today. I now plan to write to all 2008 presidential candidates. Most importantly I am going to write to Governor Arnold Schwarzenegger, as he has always been a champion of business and immigrant communities.
great, good job caydee.
great, good job caydee.
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drona
07-09 06:05 PM
Done! Although we might get protests from people claiming this is more Munna Bhai than Gandhigiri!
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Lisap
09-03 01:28 PM
It is possible that check depositing staff also has there own back log. Once, application and checks are accepted, EAD can be issued, but check depositing staff may be slow in their work.
I hope that is the case. I just checked my account and still the checks have not been cashed..... I will keep you posted if there is any change
I hope that is the case. I just checked my account and still the checks have not been cashed..... I will keep you posted if there is any change
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InTheMoment
08-01 08:29 PM
Up until July 29, 2007 (incl.) when sorting of files was going on, NSC did a load sharing of files with TSC. (and btw they did not look at where ones' I-140 is adjudicated when making the selection, it was random. I know several such cases)
This in my opinion is a very good way of making sure adjudicating resources are kept in balance at both centers.
Like somone quiet rightly pointed out it is akin to the old Labor Certification process where some states were way faster than others (less demand faster process).
In the direct filing which started July 30, 2007 the load sharing has a great possibilty of being tilted one way or the other (though maybe not as much as old LC's). They have made a geographical distribution and not one that factors # of applications traditionally received from states.
On the other hand, may be USCIS has figured that the particular geographical jurisdiction produces the right load sharing between NSC and TSC!
This in my opinion is a very good way of making sure adjudicating resources are kept in balance at both centers.
Like somone quiet rightly pointed out it is akin to the old Labor Certification process where some states were way faster than others (less demand faster process).
In the direct filing which started July 30, 2007 the load sharing has a great possibilty of being tilted one way or the other (though maybe not as much as old LC's). They have made a geographical distribution and not one that factors # of applications traditionally received from states.
On the other hand, may be USCIS has figured that the particular geographical jurisdiction produces the right load sharing between NSC and TSC!
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venky08
12-18 06:59 PM
They say that you become what you think most of the time. Do you really think good things about yourself? Try to develop a habit to see silver lining to anything in life...it will take you a long way not only with GC stuff but other issues which we have to deal with day to day.
Cheers!
Cheers!
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raj2007
06-23 09:42 AM
I think -- may be.. it will make some difference.
on uscis site: contact us: I got this email address.
uscis.webmaster@dhs.gov.
I sent an email saying that - for Employment Based immigrations the employers are not willing to given the required document like employment letter, as they fear the employee may leave using AC21 after 6 months. This puts the applicant helpless after waiting for so may years and when the dates are current. Can USCIS do something about this? The only thing what most applicants have paystubs to prove the continuous employment.
It will make a different if USCIS receives emails like this... in thousands?
here's my 2 cents.
There are still some labor subsitution available. Lot of desi company want to use them before 07/16 oherwise they willl lose everything. Tell ur employer that you are getting labor subsitution and just ned to change ur h1. if you are not going to issue a letter in 2days, I have my options open.
it may work.
on uscis site: contact us: I got this email address.
uscis.webmaster@dhs.gov.
I sent an email saying that - for Employment Based immigrations the employers are not willing to given the required document like employment letter, as they fear the employee may leave using AC21 after 6 months. This puts the applicant helpless after waiting for so may years and when the dates are current. Can USCIS do something about this? The only thing what most applicants have paystubs to prove the continuous employment.
It will make a different if USCIS receives emails like this... in thousands?
here's my 2 cents.
There are still some labor subsitution available. Lot of desi company want to use them before 07/16 oherwise they willl lose everything. Tell ur employer that you are getting labor subsitution and just ned to change ur h1. if you are not going to issue a letter in 2days, I have my options open.
it may work.
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romeshtrisal
09-11 08:26 PM
Do you know who received it at Nebraska Center? You will find the name of the person who received it in FedEx/DHL/UPS delivery confirmation based on the tracking no. you provide while checking status. Was it M. Schwitzer?
Me and two more of my friends sent our respective petitions on July 27th at the same time thru the same lawyer. All these petitions were received in separate FedEx packets by this guy M. Schwitzer on 30th July. All of us are on the same boat..... no receipt notices, no encashed checks...
My applications ( I-140; I-485; I-765) were mailed on July 27th to NSC and they had acknowledged received on JULY-30th as per the mail delivery confirmation.
Today I recieved a note from my lawyer that the receipt notice has been issued for all of my applications.
Phew that was a relief as I was about to leave to India soon and was worried about travelling without the receipt number.
Me and two more of my friends sent our respective petitions on July 27th at the same time thru the same lawyer. All these petitions were received in separate FedEx packets by this guy M. Schwitzer on 30th July. All of us are on the same boat..... no receipt notices, no encashed checks...
My applications ( I-140; I-485; I-765) were mailed on July 27th to NSC and they had acknowledged received on JULY-30th as per the mail delivery confirmation.
Today I recieved a note from my lawyer that the receipt notice has been issued for all of my applications.
Phew that was a relief as I was about to leave to India soon and was worried about travelling without the receipt number.
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GCforme
01-30 04:57 PM
And none of us should even complain when millions of illegals are suddenly made legal by the Government and they jump the line in front of us for no fault of ours and there are EB3s still waiting from 2001. The illegals have taken a risk right by jumping across the border and staying here illegally???
:rolleyes::rolleyes:
I can't help but laugh at all these taking moral high ground. They talk like this even after looking at what is happening in so called highly ethical american corporates.
There are rules and people smart enough and daring enough go ahead and push it/bend it as much as possible to achive what interests them most.
As of April 2009, the person who asked the original question and the consultant who asked the question assumed they should be able to land a contract job once October rolls around.
It is a common practice, without going into how it is unfair for the numerous others who have job offers in hand.
Now what would you say to the people who sold houses worth 500,000$ to the people who are making 40K per annum or so? The people who took the risk bear the reward or repercussions.
The person who took a risk by applying for H1 without a client offer, and the consultant would have been rewarded financially if they were able to land a job.
Now that they can't, they have this potential of being illegal stay/out of status or whatever that they have to deal with.
So I suppose, if we can help him with answers to the questions he is seeking and provide any guidance that will help him deal with the results of his decision , as many are doing on thread, that is great. If not, don't have get so preachy/flamey.
Peace out.
PS:Aksham,this is not directed at you.
:rolleyes::rolleyes:
I can't help but laugh at all these taking moral high ground. They talk like this even after looking at what is happening in so called highly ethical american corporates.
There are rules and people smart enough and daring enough go ahead and push it/bend it as much as possible to achive what interests them most.
As of April 2009, the person who asked the original question and the consultant who asked the question assumed they should be able to land a contract job once October rolls around.
It is a common practice, without going into how it is unfair for the numerous others who have job offers in hand.
Now what would you say to the people who sold houses worth 500,000$ to the people who are making 40K per annum or so? The people who took the risk bear the reward or repercussions.
The person who took a risk by applying for H1 without a client offer, and the consultant would have been rewarded financially if they were able to land a job.
Now that they can't, they have this potential of being illegal stay/out of status or whatever that they have to deal with.
So I suppose, if we can help him with answers to the questions he is seeking and provide any guidance that will help him deal with the results of his decision , as many are doing on thread, that is great. If not, don't have get so preachy/flamey.
Peace out.
PS:Aksham,this is not directed at you.
Dhundhun
02-05 07:01 PM
Just a correction - as I remember. 3 Yr in past 4 years for Citizenship
Googler
07-07 09:08 PM
Something to chew over -- this is a Secretary of State who won't even admit to major blunders in Iraq, she is not about to admit they screwed up on this.
but she's right. the US immigration law is extremely detailed and totally unforgiving. the country quotas being applied to employment visas looks like some lawyer gone overboard with putting constraints while writing the law, but now it is the law, and they don't change laws here unless there are votes or lot of money involved.
H1bmajdoor -- the blunder I am talking about here is making the dates all current (the original July bulletin) -- who the hell asked them to do that?? Why not move them another year forward? Had they done that I doubt USCIS would have panicked and gone crazy approving people without security checks, approving people whose dates were not current in June or even on July 2.
That had nothing to do with the law, or the ceiling set by law -- it was an arbitrary roll of the dice by DOS, a decision made WITHOUT consulting USCIS.
but she's right. the US immigration law is extremely detailed and totally unforgiving. the country quotas being applied to employment visas looks like some lawyer gone overboard with putting constraints while writing the law, but now it is the law, and they don't change laws here unless there are votes or lot of money involved.
H1bmajdoor -- the blunder I am talking about here is making the dates all current (the original July bulletin) -- who the hell asked them to do that?? Why not move them another year forward? Had they done that I doubt USCIS would have panicked and gone crazy approving people without security checks, approving people whose dates were not current in June or even on July 2.
That had nothing to do with the law, or the ceiling set by law -- it was an arbitrary roll of the dice by DOS, a decision made WITHOUT consulting USCIS.
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