I guess country quota is root of all our green card related griefs. everybody else can dream of getting a green card someday, but EB-3/EB-2 India & China should stop dreaming about Green cards...I am sure this can be prooved illegal.
We cant say. Even Supreme Court works by voting where judges vote and majority wins.
In the past courts has said yes to "Affirmative action" and that it doesn't violate the
equality given by constitution.
Another option would be to challenge the interpretation of the law. Like unused visa capture whether wasted visa
should be counted.
Long back time spent outside US and on H4 visa used to we wasted. Not anymore. This has come about by challenging
the interpretation of the law.
Similar challenges are going on interpretation of the Child status protection act that was passed in 2002
We cant say. Even Supreme Court works by voting where judges vote and majority wins.
In the past courts has said yes to "Affirmative action" and that it doesn't violate the
equality given by constitution.
Another option would be to challenge the interpretation of the law. Like unused visa capture whether wasted visa
should be counted.
Long back time spent outside US and on H4 visa used to we wasted. Not anymore. This has come about by challenging
the interpretation of the law.
Similar challenges are going on interpretation of the Child status protection act that was passed in 2002
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EB3 is not working, because we have no hope, not because we all went back or have ported.
Say only EB3 India. not whole EB3. EB3 ROW have no problems.
If EB3 India have no hope then why do they visit forums, check visa bulletin every month, ask questions if something is going to happen?
Should they be stoppoing it and forgetting greencard if they have no hope?
EB3 are doing on the oppsosite because they have hope. So do not lie to yourself and use it an excuse to not do anything.
Say only EB3 India. not whole EB3. EB3 ROW have no problems.
If EB3 India have no hope then why do they visit forums, check visa bulletin every month, ask questions if something is going to happen?
Should they be stoppoing it and forgetting greencard if they have no hope?
EB3 are doing on the oppsosite because they have hope. So do not lie to yourself and use it an excuse to not do anything.
I didn't think my answers were making fun or teasing anyone - sorry if you felt that way, I didn't mean them to be interpreted like that.
The main problem is that no one really knows for sure whether these steps are taken in sequence. There is little to no transparency. There are procedures, but we can not guarantee that they are followed.
To answer your second part. No, I don't believe there are any standard updates that indicate this, but I could be wrong. I think that there is an update if you clear it, but not if you are stuck in it. Make sense? Pappu has an excellent post that details the name check process http://immigrationvoice.org/forum/showthread.php?t=12000
To answer nlssubbu with the query about the "pre-approval" - I don't think it is a 1 time thing. Its a fairly standard USCIS practice. I have a link somewhere to the IO AOS processing manual. If I can find it I'll post it here.
Do I think they have enough resources to process them all? Absolutely not, but I doubt there will be a rush considering PDs won't be current for a while (esp eb3)
For the past so many years of observing various forums and information, I did not come across the situation of pre-approval process except this time. I am sure that they will be doing various background checks to make the application ready for approval. It is not mentioned any where that how the pre-approval process is different from background checks? Are they the same or different? What processes are done during approval? I do not have any idea and hence I would like to keep the various checks and approval process separate.
If you say 'pre-approval' is to complete all the checks required the case of approval, then why they issue a notification regarding a 'pre-approval' in visa bulletine?
I hope someone will provide some information regarding these clarifications.
Thanks
The main problem is that no one really knows for sure whether these steps are taken in sequence. There is little to no transparency. There are procedures, but we can not guarantee that they are followed.
To answer your second part. No, I don't believe there are any standard updates that indicate this, but I could be wrong. I think that there is an update if you clear it, but not if you are stuck in it. Make sense? Pappu has an excellent post that details the name check process http://immigrationvoice.org/forum/showthread.php?t=12000
To answer nlssubbu with the query about the "pre-approval" - I don't think it is a 1 time thing. Its a fairly standard USCIS practice. I have a link somewhere to the IO AOS processing manual. If I can find it I'll post it here.
Do I think they have enough resources to process them all? Absolutely not, but I doubt there will be a rush considering PDs won't be current for a while (esp eb3)
For the past so many years of observing various forums and information, I did not come across the situation of pre-approval process except this time. I am sure that they will be doing various background checks to make the application ready for approval. It is not mentioned any where that how the pre-approval process is different from background checks? Are they the same or different? What processes are done during approval? I do not have any idea and hence I would like to keep the various checks and approval process separate.
If you say 'pre-approval' is to complete all the checks required the case of approval, then why they issue a notification regarding a 'pre-approval' in visa bulletine?
I hope someone will provide some information regarding these clarifications.
Thanks
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Guys to make more people aware of it, in US and abroad shall we start text message in cell phone about flower campaign. I am ready to loose few more bucks to make it success.
I mean, if it is not a bad idea :cool:
I mean, if it is not a bad idea :cool:
The flower campaign is apparently working as far as the attention the issue is getting.
If we can manage to send at least 500-700 flowers to USCIS, that will create the kind of attention we want and it will bring the issue of retrogression again on the forefront in Washington DC.
PLEASE PLEASE send the flowers to USCIS director Emilio Gonzalez. For details on sending, address and the message on the message card, read this thread :
http://immigrationvoice.org/forum/showthread.php?t=6191
Thanks.
If we can manage to send at least 500-700 flowers to USCIS, that will create the kind of attention we want and it will bring the issue of retrogression again on the forefront in Washington DC.
PLEASE PLEASE send the flowers to USCIS director Emilio Gonzalez. For details on sending, address and the message on the message card, read this thread :
http://immigrationvoice.org/forum/showthread.php?t=6191
Thanks.
Hi Desi3933,
I have sent a private message. Could you please advice?
Thanks.
Person can start working after applying for the SSN.
http://www.immigration.com/faq/eadfaq.html#63
>> People who switched from F2/H4 to H1 can consider their SSN application time as valid status.
No, After change of status (to H1-B) approval, person has 30 days (from approval date) to start working.
Not a legal advice
-----------------------
desi3933 at gmail.com
I have sent a private message. Could you please advice?
Thanks.
Person can start working after applying for the SSN.
http://www.immigration.com/faq/eadfaq.html#63
>> People who switched from F2/H4 to H1 can consider their SSN application time as valid status.
No, After change of status (to H1-B) approval, person has 30 days (from approval date) to start working.
Not a legal advice
-----------------------
desi3933 at gmail.com
deleted
2010 Dianna Agron on Glee
I think your plan may work out just fine. I would make a couple of suggestions:
1. If you are taking LOA from original employer, for practical purposes (for USCIS), you are not employed with that employer any more (they go by pay stubs). But if doing so helps to avoid revocation of 140, go ahead and do it that way.
2. Because you will actually get your pay check from new employer, you are employed by them (and you will work on EAD with them, make sure that this is mentioned on your I-9 form). No matter how much ignorant your employer is, they will have to have I-9 on file and it must have your EAD (not H1).
3. After doing this, you will be on I 485 pending status (no longer on H status), and so make sure you have current EAD and AP all the time.
4. If something goes wrong with your I 485 (very unlikely); you will have to leave the country and enter back on H visa and work for H visa sponsoring employer (probably your old employer).
5. It is perfectly fine to not file AC21. AC21 is needed only if you do not plan to join original sponsoring employer after GC approval. However, if you do want to file AC21, you do not need much documentation from your new employer. It just needs the simple letter stating your job position as a "physician" and brief job duties (briefer the better!) and salary (should be proportional or higher). If you do not file AC21, you may just keep that documentation on file with your attorney (which I would do to be on safe side). The implication of having this is as follows:
--If you have this documentation (even if not filed with USCIS), at the time of approval of your GC you will have the option of just staying with new employer or going back to original employer.
--If you do not have this, you will have to go back to original employer after GC approval with a "good faith intention of permanent job".
PM me if you have questions about what I said above, and I will be happy to talk to you.
Good Luck.
FYI -- what is I-9 and what does the employer need to do for that?
1. If you are taking LOA from original employer, for practical purposes (for USCIS), you are not employed with that employer any more (they go by pay stubs). But if doing so helps to avoid revocation of 140, go ahead and do it that way.
2. Because you will actually get your pay check from new employer, you are employed by them (and you will work on EAD with them, make sure that this is mentioned on your I-9 form). No matter how much ignorant your employer is, they will have to have I-9 on file and it must have your EAD (not H1).
3. After doing this, you will be on I 485 pending status (no longer on H status), and so make sure you have current EAD and AP all the time.
4. If something goes wrong with your I 485 (very unlikely); you will have to leave the country and enter back on H visa and work for H visa sponsoring employer (probably your old employer).
5. It is perfectly fine to not file AC21. AC21 is needed only if you do not plan to join original sponsoring employer after GC approval. However, if you do want to file AC21, you do not need much documentation from your new employer. It just needs the simple letter stating your job position as a "physician" and brief job duties (briefer the better!) and salary (should be proportional or higher). If you do not file AC21, you may just keep that documentation on file with your attorney (which I would do to be on safe side). The implication of having this is as follows:
--If you have this documentation (even if not filed with USCIS), at the time of approval of your GC you will have the option of just staying with new employer or going back to original employer.
--If you do not have this, you will have to go back to original employer after GC approval with a "good faith intention of permanent job".
PM me if you have questions about what I said above, and I will be happy to talk to you.
Good Luck.
FYI -- what is I-9 and what does the employer need to do for that?
as of now, there is nothing ..it is just donate, donate and donate.
we don't even know why we are having new donation campaigns every month ... my favorite color is red ..so start giving me red's for being frank and speaking out the truth
Zen, simple question: how would you handle something like this without advocacy/group effort ? --> http://immigrationvoice.org/forum/showthread.php?t=24786&referrerid=15623
we don't even know why we are having new donation campaigns every month ... my favorite color is red ..so start giving me red's for being frank and speaking out the truth
Zen, simple question: how would you handle something like this without advocacy/group effort ? --> http://immigrationvoice.org/forum/showthread.php?t=24786&referrerid=15623
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In Michigan they don't even look at your visa to renew your license.
Reached Jul 2 via fedEx, I don't know what time though.
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Guru, read the article before adressing the typical indian mentality...typical indian mentality of not reading the article in its context :p (i am kidding...)
The issue not about calling us Anchors, its about the scare tactics to imply that if GC is issued to an EB family it automatically implies that he/she will bring hordes to US via family sponsorship...furthermore it implies that US will be overrun my immigrants because of HR 5882. They are scaring people to create an issue out of a non issue and scuttle a bill. Considering the resources these guys have...it does change something for us if they succed in derailing the bill.
Furthermore using the term anchor connects us to a different issue where americans are more apt to get angry...anchor babies was used during the CIR debate to express a situation where illegals would have babies in US. We on the other hand have come here legally and are helping with the US economy..i hope you understand
What is the BIG DEAL? So what if we are called Anchor Immigrants? This is typical Indian mentality to looks for small issues. I care a damn if we are called DOG IMMIGRANTS. It does not change anything.
The issue not about calling us Anchors, its about the scare tactics to imply that if GC is issued to an EB family it automatically implies that he/she will bring hordes to US via family sponsorship...furthermore it implies that US will be overrun my immigrants because of HR 5882. They are scaring people to create an issue out of a non issue and scuttle a bill. Considering the resources these guys have...it does change something for us if they succed in derailing the bill.
Furthermore using the term anchor connects us to a different issue where americans are more apt to get angry...anchor babies was used during the CIR debate to express a situation where illegals would have babies in US. We on the other hand have come here legally and are helping with the US economy..i hope you understand
What is the BIG DEAL? So what if we are called Anchor Immigrants? This is typical Indian mentality to looks for small issues. I care a damn if we are called DOG IMMIGRANTS. It does not change anything.
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u mean ur parents r babysitters for last 4 years....I hope this teaches to keep ur mouth shut calling other's parents baby sitters.
Mother fucker I am not married and I dont have kids.
Mother fucker I am not married and I dont have kids.
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Thanks.
If someone is looking for a Masters just to upgrade to EB2, any accredited program will do. Verify the accreditation (of school and program) using the link which I posted earlier
If someone is looking for a Masters just to upgrade to EB2, any accredited program will do. Verify the accreditation (of school and program) using the link which I posted earlier
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I could not vote .My PD is Dec 2005
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bheemi,
I am shocked at your statement after seeing such an organized effort from IV. The only conclusion that I could make is - you are sympathetic to the 'anti-immigrant sentiments' and are out here to create trouble.
Anyways, instead of criticizing someone, please let us know what you have done for the cause.
I am suprprised if IV is working towards abiltiy to file 485 and hard country limit...Just want to know how IV is working towards these 2 items...
If any of these two wont show out in coming bill,..then I would say goodbye to IV..because all other items in bill were there without IV;s interaction....
Can somebody calrify if these options will anyway include in this bill..by means of ammendements...
I am shocked at your statement after seeing such an organized effort from IV. The only conclusion that I could make is - you are sympathetic to the 'anti-immigrant sentiments' and are out here to create trouble.
Anyways, instead of criticizing someone, please let us know what you have done for the cause.
I am suprprised if IV is working towards abiltiy to file 485 and hard country limit...Just want to know how IV is working towards these 2 items...
If any of these two wont show out in coming bill,..then I would say goodbye to IV..because all other items in bill were there without IV;s interaction....
Can somebody calrify if these options will anyway include in this bill..by means of ammendements...
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Very interesting arguments!
My PD is Feb 2005 and RD is Oct 2007 (post Jul 07 fiasco). But my application still moved and I had to appear for an interview with IO at local office in Dec 08 (of course, now again it is in pending status).
So, IMHO USCIS may be using a combo of PD/RD to process the cases...
My PD is Feb 2005 and RD is Oct 2007 (post Jul 07 fiasco). But my application still moved and I had to appear for an interview with IO at local office in Dec 08 (of course, now again it is in pending status).
So, IMHO USCIS may be using a combo of PD/RD to process the cases...
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Did you or someone you know experience such questions at POE for an advanced parole? Or are you just posing a hypothetical?
I have recently re-entered on AP and not a single question was asked. Not only that, I was not fingerprinted or photographed at the counter like a visa holder would be. I was taken to the back office where an agent entered information from my AP into the computer, stamped the AP and gave it back to me. No questions asked. Period. This was at the JFK airport in NY.
Parole is meant to grant entry to resume adjustment of status. Parole is not subject to employment, it is subject to a pending I-485.
If this is a hypothetical from you, then please shake these imaginations and live in peace and enjoy EAD and AP.
Too much thinking and too much analysis has caused this community to revert back to H1 lifestyle and they are not using EAD and AP - ONE OF THE MAIN REASONS why we were all so happy due to 485 filing.
What is the point of having an early 485 filed, if you are not going to use EAD and AP and be at mercy of consulates for restamping and be at mercy of employers who will need to sponsor you to hire you?
man I so agree with Logiclife..Lets drop the paranoia
I have recently re-entered on AP and not a single question was asked. Not only that, I was not fingerprinted or photographed at the counter like a visa holder would be. I was taken to the back office where an agent entered information from my AP into the computer, stamped the AP and gave it back to me. No questions asked. Period. This was at the JFK airport in NY.
Parole is meant to grant entry to resume adjustment of status. Parole is not subject to employment, it is subject to a pending I-485.
If this is a hypothetical from you, then please shake these imaginations and live in peace and enjoy EAD and AP.
Too much thinking and too much analysis has caused this community to revert back to H1 lifestyle and they are not using EAD and AP - ONE OF THE MAIN REASONS why we were all so happy due to 485 filing.
What is the point of having an early 485 filed, if you are not going to use EAD and AP and be at mercy of consulates for restamping and be at mercy of employers who will need to sponsor you to hire you?
man I so agree with Logiclife..Lets drop the paranoia
^^ Please keep poll bumping for next few days ^^
A recent post asking about how many people have EB2-India PDs of 2003 or earlier had no responses, so I am curious about the potential spread of waiting people (atleast in the sample set of whoever responds to this poll).
RESPOND ONLY IF YOU ARE EB2 INDIA, HAVE FILED 485, AND ARE WAITING FOR APPROVAL.
(we can do separate polls for EB3-I, china, ROW etc)
A recent post asking about how many people have EB2-India PDs of 2003 or earlier had no responses, so I am curious about the potential spread of waiting people (atleast in the sample set of whoever responds to this poll).
RESPOND ONLY IF YOU ARE EB2 INDIA, HAVE FILED 485, AND ARE WAITING FOR APPROVAL.
(we can do separate polls for EB3-I, china, ROW etc)
I would sympathize with you if you can do the following:
1) Show me that no more than 90% of the population experience depression tendencies at some point in their life.
among EB applicants I believe it would be 99%. So are you alone? I guess not:D:D
Things you could do: Try watching talks with the Dalai Lama (available on youtube). Read books on Gandhi. Increase frequency of quiteness / meditation. Watch atleast one comedy show per day. Visit/remember the sick/disabled/poor or other less fortunate people than you.
Things you could avoid: Heavy drinking. Watching news, movies/shows which are high tension. Most important is not to fight the emotions/thoughts that you consider are destructive. Allow them to come and go. Just watch them come and go........
What you consider as "Good luck" can happen to you in the fraction of a seccond, however, it will never happen if you keep on defining yourself as unlucky. So focus on the good things you have now and refrain from comparing to "what you should be having or are worthy of having". :D:D:D:D
thomachan72.... good advice - your point taken. I follow similar techniques to stay optimistic for most part of time. but every once in a while, there comes a time when I think why do some ppl get so lucky in everything they do.... they succeed in everything they do. while there are unlucky ppl like the poor/disabled etc who are destined to live unfortunate life deprived of so many things that other ppl enjoy regularly. is this what they call 'Law of Karma' ? did I do anything bad/evil in my past births - did I destroy anyone's career or life ? I am positive I did not do anything bad/evil in this life .... atleast as of now :D
1) Show me that no more than 90% of the population experience depression tendencies at some point in their life.
among EB applicants I believe it would be 99%. So are you alone? I guess not:D:D
Things you could do: Try watching talks with the Dalai Lama (available on youtube). Read books on Gandhi. Increase frequency of quiteness / meditation. Watch atleast one comedy show per day. Visit/remember the sick/disabled/poor or other less fortunate people than you.
Things you could avoid: Heavy drinking. Watching news, movies/shows which are high tension. Most important is not to fight the emotions/thoughts that you consider are destructive. Allow them to come and go. Just watch them come and go........
What you consider as "Good luck" can happen to you in the fraction of a seccond, however, it will never happen if you keep on defining yourself as unlucky. So focus on the good things you have now and refrain from comparing to "what you should be having or are worthy of having". :D:D:D:D
thomachan72.... good advice - your point taken. I follow similar techniques to stay optimistic for most part of time. but every once in a while, there comes a time when I think why do some ppl get so lucky in everything they do.... they succeed in everything they do. while there are unlucky ppl like the poor/disabled etc who are destined to live unfortunate life deprived of so many things that other ppl enjoy regularly. is this what they call 'Law of Karma' ? did I do anything bad/evil in my past births - did I destroy anyone's career or life ? I am positive I did not do anything bad/evil in this life .... atleast as of now :D
