I got 9thh year visa Stamped in chennai in jan with no issus it was smooth.I returned to JFK in Mid Feb. IO just asked one question abt my job role.Thats it i am done.But for my wife he took finger prints. Database showing someone else name and Pic. He asked to go the seperate room. IO was re checking again in computer my wife name and pic showing passport and pic came on the computer. I asked IO that something officer he just said Finger prints mis-mathing and he said its not big deal, wait few more minutes I let u go. After few minutes 2 IO's discussed something which I couldnt hear, they said to u can go. I was scared little bit. It was smooth.
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Hello all,
How do you determine if the category is EB2 or EB3? How can you find that out from which document?
Thanks!
How do you determine if the category is EB2 or EB3? How can you find that out from which document?
Thanks!
I am not jealous of computer workers, I pity their life, their overall ignorance about things around and their unwarrented arrogance.
what do u do for a living man?
what do u do for a living man?
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it will not move past March 2004....that is when PERM was started, and everyone with pending EB3's doubled-downed with a second EB2 application. Its time to feel the pain of that now!!!
Hi,
Can someone please tell if we can port to EB2 from EB3 even after using AC21 and statred working on EAD??
-THanks
yes, you can unless your eb3 I140 has been revoked for fraud or misrepresentation of facts.
Can someone please tell if we can port to EB2 from EB3 even after using AC21 and statred working on EAD??
-THanks
yes, you can unless your eb3 I140 has been revoked for fraud or misrepresentation of facts.
I know I acted irresponsibly. Under the circumstances I had to. The person employing me was trying to use me for (something) for which my conscience didnt allow. So the decision to quit was best. I can't write all the circumstances here. I knew I could get into problems with immigration department for my irrational yet moral decision to quit company before 180 days. I think this problem with USCIS is far more acceptable than doing something for your employer that your heart doesnt allow you to.
Of course, you know your problems best, but it was obviously irresponsible of you to quit before letting 180 days pass after applying for 485.
Here is the problem. The letter of employment you send to CIS must have a start date which will expose your violation of the 180 day rule. So unless you lie here, you are likely in in trouble. Your best bet is to suck it up and return to your sponsoring employer. That will ensure your case 100%. Any other option is risky.
Go to a knowledged attorney. Khanna, Murthy, Gotcher etc., are the names I know.
Of course, you know your problems best, but it was obviously irresponsible of you to quit before letting 180 days pass after applying for 485.
Here is the problem. The letter of employment you send to CIS must have a start date which will expose your violation of the 180 day rule. So unless you lie here, you are likely in in trouble. Your best bet is to suck it up and return to your sponsoring employer. That will ensure your case 100%. Any other option is risky.
Go to a knowledged attorney. Khanna, Murthy, Gotcher etc., are the names I know.
We have asked an immigration lawyer this question. Someone even quoted all the sections of INA and CFR(code of federal regulations) to make the point -- that you can have regulation changed to file 485.
The lawyer was of the opinion that you need change in INA to be able to file 485 when dates are not current. It cannot be done with administrative changes.
Well... then I should not drop my Candian Immigration.
The lawyer was of the opinion that you need change in INA to be able to file 485 when dates are not current. It cannot be done with administrative changes.
Well... then I should not drop my Candian Immigration.
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There are couple of postings in Murthy.com
Please participate so that others can view and potentially could become members of IV
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=2704080912&m=7141062241
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=2994050912&m=5171092241
Please participate so that others can view and potentially could become members of IV
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=2704080912&m=7141062241
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=2994050912&m=5171092241
IV core team:
Can you please respond to the possiblity of questions raised by rpatel.
thanks
Can you please respond to the possiblity of questions raised by rpatel.
thanks
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i can say only one thing..IV willl not be able to do anythingin this regard.USCIS can do anything whatever the way hat want to do.
Please don't undermine anyone's efforts. We are doing what we can and will continue to do so. The choice is urs - u can contribute or stay away. What IV and other like minded organizations is doing is not easy. We immigrants are easy target for any one and IV has been the only organization that has been successful in atleast getting things in perspective. We will continue with this organized effort.
Please don't undermine anyone's efforts. We are doing what we can and will continue to do so. The choice is urs - u can contribute or stay away. What IV and other like minded organizations is doing is not easy. We immigrants are easy target for any one and IV has been the only organization that has been successful in atleast getting things in perspective. We will continue with this organized effort.
This is a big fantasy.
EB3 is not going to get current in the next 4-5 years you said.
Backlog posted by USCIS and DOS is a lot more than posted. Their data is not totally right.
The only way EB3 India can be current if all Indians on H1B, EAD are deported by a law. Such law is likely in 4-5 years if outsourcing increase and anti-immigrants blame immigrants for their unemployment. Then EB3 I will get current. But there will be no EB3I to take advantage of it.
I say we stop dreaming and do a rally in DC.
I understand what you said, but just to consider the off numbers published by dos
http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf
EB2 total pending 34325
EB3 total pending 136325
2010-2011 quota EB1+EB2 ( 85343 )
less eb2 " " 34325
--------------------------------------------
" " 51018 trickeling down for EB3 Worldwide?
2010-2011 quota EB3 ( 42671 )
less eb3 - 136325
--------------------------------------------
42636 ( eb3 pending left over from above )
2011-2012 quota eb1+eb2+eb3 128013
So, with above math Eb2 will be current by next year, and eb3 will be by end of 2012?
above math is based on
inaccurate numbers given by DOS?
assuming no new applicants applying.
Hope I am correct! :)
EB3 is not going to get current in the next 4-5 years you said.
Backlog posted by USCIS and DOS is a lot more than posted. Their data is not totally right.
The only way EB3 India can be current if all Indians on H1B, EAD are deported by a law. Such law is likely in 4-5 years if outsourcing increase and anti-immigrants blame immigrants for their unemployment. Then EB3 I will get current. But there will be no EB3I to take advantage of it.
I say we stop dreaming and do a rally in DC.
I understand what you said, but just to consider the off numbers published by dos
http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf
EB2 total pending 34325
EB3 total pending 136325
2010-2011 quota EB1+EB2 ( 85343 )
less eb2 " " 34325
--------------------------------------------
" " 51018 trickeling down for EB3 Worldwide?
2010-2011 quota EB3 ( 42671 )
less eb3 - 136325
--------------------------------------------
42636 ( eb3 pending left over from above )
2011-2012 quota eb1+eb2+eb3 128013
So, with above math Eb2 will be current by next year, and eb3 will be by end of 2012?
above math is based on
inaccurate numbers given by DOS?
assuming no new applicants applying.
Hope I am correct! :)
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Guys,
Lets come up with some suggestions to counter-attack these false propoganda. Few thoughts??
1. Will gandhigiri work with them? Not just sending flowers but using other Gandhi ways as well.
2. Should core post some article on the home page.."Top 10 Myths About Employment Based Immigration" and include tax as one of the myths.
Reason, i'm saying this is that in my company there are several americans who think that way even though they are ok with immigration. They think that we do not pay any tax here.
I like this idea better. Create a top ten myths document and sent them to Representatives of the Congress.
3. Educate numberusa and other anti-immigration people about. I know we might not be able to educate the core people over their but we might be able to educate other member joining there.
Any other thoughts?..
?
Lets come up with some suggestions to counter-attack these false propoganda. Few thoughts??
1. Will gandhigiri work with them? Not just sending flowers but using other Gandhi ways as well.
2. Should core post some article on the home page.."Top 10 Myths About Employment Based Immigration" and include tax as one of the myths.
Reason, i'm saying this is that in my company there are several americans who think that way even though they are ok with immigration. They think that we do not pay any tax here.
I like this idea better. Create a top ten myths document and sent them to Representatives of the Congress.
3. Educate numberusa and other anti-immigration people about. I know we might not be able to educate the core people over their but we might be able to educate other member joining there.
Any other thoughts?..
?
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Admin,
Can you pl. comment on this issue, since it is a potential and growing problem, we need to do something about it.
Thanks
skamma
Can you pl. comment on this issue, since it is a potential and growing problem, we need to do something about it.
Thanks
skamma
tattoo Ford Galaxy 2.0 TDCi Ghia:
c'mon guys...instead of just hoping lets participat ein IV campaigns...it makes no sense that EB2 wud move a lot...just think abt it...there are just too many of...now that everyone jumped from EB3 to EB2...it would have been wise to continue with ur EB3 application.
We need to get the a comprehensive fix to our problems..
Remember the way USCIS moves dates is based on how many applications they think they can process based on their resources..its not based on utilizing the country quotas for a particular year...hence the reason for loosing so many Immigrant VISAS every year..lets try to fix that...rather than hoping dates wud magically move.
Even if they move, I bet 90% of ppl who become current wud not get their GC in that particular month, and then the dates wud retrogress back to 1955 or "U" again.....
Concentrate on the big picture and IV drive to get Admin fixes...thats teh only real solution.
We need to get the a comprehensive fix to our problems..
Remember the way USCIS moves dates is based on how many applications they think they can process based on their resources..its not based on utilizing the country quotas for a particular year...hence the reason for loosing so many Immigrant VISAS every year..lets try to fix that...rather than hoping dates wud magically move.
Even if they move, I bet 90% of ppl who become current wud not get their GC in that particular month, and then the dates wud retrogress back to 1955 or "U" again.....
Concentrate on the big picture and IV drive to get Admin fixes...thats teh only real solution.
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Mr Path of Joy
I am EB3 India working for a small company in construction design industry. I have enough experience, qualifications and degree for an EB2. But it is not as simple as you make it sound.
A major part- 8 out of my 15 year experience in this field has been with this employer and although my employer supports me, they are simply not hiring and have been having a difficult time since 2007. So, they cannot file for an EB2 Labor.
I cannot change jobs, since my qualifications and experience will put me in a different job-description and title which I cannot because of how AC21 interprets the laws.
So it is not as white and black as you make it sound. Most EB3 folks started their process way early in their careers and have moved on since. Some of us have been waiting for 10 years and have been in the country for 15 or more years.
Some started during the last recession in 2001-2002 when EB2 was in scrutiny and dates were current for all, most employers and lawyers were touting the EB3 route.
Anycase, I do not expect you to understand our situation. So continue speeding on your path of joy.
same boat here, i bet many others do so.
back in 2003 when my friend insisted to have my GC file in EB2, my attorney filed in eb3 convicing me saying all are current why bother. ( praying a cleaner route to hell for that attorney ).
I am EB3 India working for a small company in construction design industry. I have enough experience, qualifications and degree for an EB2. But it is not as simple as you make it sound.
A major part- 8 out of my 15 year experience in this field has been with this employer and although my employer supports me, they are simply not hiring and have been having a difficult time since 2007. So, they cannot file for an EB2 Labor.
I cannot change jobs, since my qualifications and experience will put me in a different job-description and title which I cannot because of how AC21 interprets the laws.
So it is not as white and black as you make it sound. Most EB3 folks started their process way early in their careers and have moved on since. Some of us have been waiting for 10 years and have been in the country for 15 or more years.
Some started during the last recession in 2001-2002 when EB2 was in scrutiny and dates were current for all, most employers and lawyers were touting the EB3 route.
Anycase, I do not expect you to understand our situation. So continue speeding on your path of joy.
same boat here, i bet many others do so.
back in 2003 when my friend insisted to have my GC file in EB2, my attorney filed in eb3 convicing me saying all are current why bother. ( praying a cleaner route to hell for that attorney ).
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You�re welcome ;)
and...can�t wait to see!
Cheers!
and...can�t wait to see!
Cheers!
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How do you get time to post all day long on IV.org?
I would love to have your job. Making 140K for browsing and posting on IV.org !!!
Kidding !!!
I am on page with you. I did it 3 weeks back. Now I am starting the whole labor at the new company , making almost 140K (60% more) with a fortune 20 company . Good position and happier......
I did the same and didn't hung up myself on GC .... life is more than GC let us live our life.
I would love to have your job. Making 140K for browsing and posting on IV.org !!!
Kidding !!!
I am on page with you. I did it 3 weeks back. Now I am starting the whole labor at the new company , making almost 140K (60% more) with a fortune 20 company . Good position and happier......
I did the same and didn't hung up myself on GC .... life is more than GC let us live our life.
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Get a new attorney. Seriously.
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Anyone??
This is all for EB-3.
I think this is the best case scenario.
Pardon my ignorance, but I am assuming that EB-2 eats up from EB-3's numbers, and so EB-2 wait times will be better than what is estimated here for EB-3, at the expense of the EB-3 waiting times ofcourse.
For India:
Depletion_rate = 10500/year
Accumulation_rate = 19500/year
For ROW:
Depletion_rate = 25000/year (Kinda curves-fits to retire all 2001 backlog by 2006, and 2002 backlog by 2008)
Accumulation_rate = 19500/year (Estimated to be the same as that of India)
All numbers rounded off. No
For 2001: Year_current = 2001 + (123194/Depletion_rate)
For 2002: Year_current = 2002 + (160274/Depletion_rate)
For 2003 and later
Year_current = Year_applied + ( (Year_applied-2002)*(Accumulation_rate-Depletion_rate) + 160274) / Depletion_rate
Here are the results. YA is year applied. YC is Year your PD will be current.
No processing delay assumed.
...........India.. ROW
D_rate 10000 25000
A_rate 19500 19500
YA YC YC
2001 2013 2006
2002 2018 2008
2003 2020 2009
2004 2022 2010
2005 2024 2011
2006 2026 2012
2007 2028 2012
2008 2030 2013
2009 2032 2014
2010 2034 2015
I am open to suggestions on how this model can be improved.
If this model, and these estimates are reasonably accurate, lets come out with our own visa bulletin.
This is all for EB-3.
I think this is the best case scenario.
Pardon my ignorance, but I am assuming that EB-2 eats up from EB-3's numbers, and so EB-2 wait times will be better than what is estimated here for EB-3, at the expense of the EB-3 waiting times ofcourse.
For India:
Depletion_rate = 10500/year
Accumulation_rate = 19500/year
For ROW:
Depletion_rate = 25000/year (Kinda curves-fits to retire all 2001 backlog by 2006, and 2002 backlog by 2008)
Accumulation_rate = 19500/year (Estimated to be the same as that of India)
All numbers rounded off. No
For 2001: Year_current = 2001 + (123194/Depletion_rate)
For 2002: Year_current = 2002 + (160274/Depletion_rate)
For 2003 and later
Year_current = Year_applied + ( (Year_applied-2002)*(Accumulation_rate-Depletion_rate) + 160274) / Depletion_rate
Here are the results. YA is year applied. YC is Year your PD will be current.
No processing delay assumed.
...........India.. ROW
D_rate 10000 25000
A_rate 19500 19500
YA YC YC
2001 2013 2006
2002 2018 2008
2003 2020 2009
2004 2022 2010
2005 2024 2011
2006 2026 2012
2007 2028 2012
2008 2030 2013
2009 2032 2014
2010 2034 2015
I am open to suggestions on how this model can be improved.
If this model, and these estimates are reasonably accurate, lets come out with our own visa bulletin.
The following was a response to my request to support legal immigration for skilled workers.
*****
Thank you for writing me in support of the H-1B visa program. I agree with you that the limited increase in visas for highly skilled immigrants will benefit the economy.
The demand for these workers is clear. When the H-1B annual numerical limits reverted to 65,000 from 195,000 the Fiscal Year 2004 limit was reached in mid-February 2004, and the Fiscal Year 2005 limit was reached on October 1, 2004, the first day of the fiscal year.
Skilled immigrants play a valuable role in our economy. Using the technology sector as an example, the economic production of companies assisted by workers on H1-B visas in 1998 created more than $16.8 billion in sales and over 58,000 jobs. Our challenge is to capture this economic benefit while also creating more jobs and opportunity for American workers.
As you know, the intent is that H1-B visas should only be issued if qualified American workers are unable to take the jobs in question. Also, H1-B visa holders should be paid a fair market wage for their work, not less than what an American worker would make for performing the same work. The intent of the program is not to undercut existing wage structures by importing foreign workers.
As this debate continues, I believe it is important for Congress to assess how the H1-B visa affects job opportunities for Americans and wages in the relevant sectors. If the H-1B visa continues to help our economy and improve opportunities for American workers, I will continue my support for this program. As the Senate considers this matter, I will certainly keep your concerns in mind.
Again, thank you for writing me about the H1-B visa program. Please stay in touch on any issue of concern to you.
Sincerely,
Barack Obama
United States Senator
P.S. Our system does not allow direct response to this email. However, if you would like to contact me again, please use the form on the website: http://obama.senate.gov/contact/
Stay up to date with Barack's work in the Senate and on issues of importance to Illinois. Subscribe to the weekly podcast here: http://obama.senate.gov/podcast/
*****
Thank you for writing me in support of the H-1B visa program. I agree with you that the limited increase in visas for highly skilled immigrants will benefit the economy.
The demand for these workers is clear. When the H-1B annual numerical limits reverted to 65,000 from 195,000 the Fiscal Year 2004 limit was reached in mid-February 2004, and the Fiscal Year 2005 limit was reached on October 1, 2004, the first day of the fiscal year.
Skilled immigrants play a valuable role in our economy. Using the technology sector as an example, the economic production of companies assisted by workers on H1-B visas in 1998 created more than $16.8 billion in sales and over 58,000 jobs. Our challenge is to capture this economic benefit while also creating more jobs and opportunity for American workers.
As you know, the intent is that H1-B visas should only be issued if qualified American workers are unable to take the jobs in question. Also, H1-B visa holders should be paid a fair market wage for their work, not less than what an American worker would make for performing the same work. The intent of the program is not to undercut existing wage structures by importing foreign workers.
As this debate continues, I believe it is important for Congress to assess how the H1-B visa affects job opportunities for Americans and wages in the relevant sectors. If the H-1B visa continues to help our economy and improve opportunities for American workers, I will continue my support for this program. As the Senate considers this matter, I will certainly keep your concerns in mind.
Again, thank you for writing me about the H1-B visa program. Please stay in touch on any issue of concern to you.
Sincerely,
Barack Obama
United States Senator
P.S. Our system does not allow direct response to this email. However, if you would like to contact me again, please use the form on the website: http://obama.senate.gov/contact/
Stay up to date with Barack's work in the Senate and on issues of importance to Illinois. Subscribe to the weekly podcast here: http://obama.senate.gov/podcast/
Thanks Ramba. I appreciate your positive comments. I guess the only doubt now is to find out a way whether employer had revoked my 140 before 180 days? If they didnt I am 100% safe now.
The fundamental rule (for getting GC) is the longterm intent of having permanent employment relationship between employer and employee at the time of filing 140 and 485 (see the Q&A). The intet has to be "at the time of filing" only. The employee has worked 3 years in H1B for thr sponser. It clearly establishes the both party's intent at the time of filing. So, even if the employer revokes his approved 140, he is 100% safe.
The fundamental rule (for getting GC) is the longterm intent of having permanent employment relationship between employer and employee at the time of filing 140 and 485 (see the Q&A). The intet has to be "at the time of filing" only. The employee has worked 3 years in H1B for thr sponser. It clearly establishes the both party's intent at the time of filing. So, even if the employer revokes his approved 140, he is 100% safe.
