wait4ever
08-08 12:19 PM
Congrats...remember folks are waiting for over 10 years...and still not CARD PROD ORDERED e mail...so be happy and enjoy!!!!
Folks
Appreciate the sentiments - I hope & pray that everyone gets approved very quickly - all on this forum are deserving types without any doubts -
BUT
Could I have an answer to my questions please ?:)
Folks
Appreciate the sentiments - I hope & pray that everyone gets approved very quickly - all on this forum are deserving types without any doubts -
BUT
Could I have an answer to my questions please ?:)
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pitha
07-08 11:08 AM
no it will not be voilation of the law at all. consider this scenario thats been going on for the last 30+ years. For example July 2006 visa bulletin for EB2 india was jan 2003 and the August 2006 visa bulletin for EB2 india was unavailable. EB2 india visa numbers might have already been used up when the August 2006 visa bulletin was released but they still accepted the AOS petitions filed until the end of July 2006, they did not issue an updated visa bulletin or a revised visa bulletin saying eb2 india numbers are used up and they will not accept eb2 india aos applications, they continued accpeting AOS applications until the end of july 2006.
If you have the patience you can go through the visa bulletin archieves and find many such examples. The point is for the last 30+ years USCIS\DOS accepted applications according to the visa bulletin even when visa numbers were used up, they could have just followed the same precedent that they themselves set for the last 30+ years and accepted the applications this time as well without issuing a revised visa bulletin. I am no legal expert but that is how i see it.
It gets interesting. Doesn't it? Even if the court agrees that this is a fiasco and would like to compensate the beneficiaries by allowing us to file for 485, it would be in direct violation of the law that " there must be a number available on the day of filing ".We don't have any numbers. Do we? My point is, will a judicial system go out of the box and allow us to file when there are no visa numbers available? The only way is get numbers and make every one file and the only way for that is to undo what the USCIS has done in the last 2 weeks of June. Just my thoughts. I am ready to take anything positive out of this because I have least hopes pegged on the law suit.
If you have the patience you can go through the visa bulletin archieves and find many such examples. The point is for the last 30+ years USCIS\DOS accepted applications according to the visa bulletin even when visa numbers were used up, they could have just followed the same precedent that they themselves set for the last 30+ years and accepted the applications this time as well without issuing a revised visa bulletin. I am no legal expert but that is how i see it.
It gets interesting. Doesn't it? Even if the court agrees that this is a fiasco and would like to compensate the beneficiaries by allowing us to file for 485, it would be in direct violation of the law that " there must be a number available on the day of filing ".We don't have any numbers. Do we? My point is, will a judicial system go out of the box and allow us to file when there are no visa numbers available? The only way is get numbers and make every one file and the only way for that is to undo what the USCIS has done in the last 2 weeks of June. Just my thoughts. I am ready to take anything positive out of this because I have least hopes pegged on the law suit.
eager_immi
03-09 07:58 AM
Listen, everyone is frustrated but to take your lives for a GC is crazy. If you guys are so depressed please seek medical help. If you have kids they will be US citizens they can sponsor you 18 years later so why are you that frustrated. When your wife is on H4 that is the best time to have kids because she is at home and you don't have to pay daycare. It is the woman in H1B that my sympathies are with bc they cannot go part-time or get more that 6 week maternity leave. So please buckle up or seek help, I don�t think your logic makes sense.
I and my wife have been SCREAMING, FIGHTING for over four years now. We are now so frustrated that we have EVEN DISCUSSED THINGS LIKE TAKING UP OUR LIVES !!! I really mean it. For both of us, our career is the single most important thing.
We had decided to wait for our next step in life like having a kid or putting in a big investment till we both at least have a job. Inspite of both of us having Masters degress from US universities, we are both suffering - me languishing in a filthy job and my wife on H4 - for the past 5 years !!! She is now more than 35 making it difficult to have kids etc...
I don't have the choice of going back to my home country due to many other personal reasons. I just don't know what to do... I am losing my sanity.
I and my wife have been SCREAMING, FIGHTING for over four years now. We are now so frustrated that we have EVEN DISCUSSED THINGS LIKE TAKING UP OUR LIVES !!! I really mean it. For both of us, our career is the single most important thing.
We had decided to wait for our next step in life like having a kid or putting in a big investment till we both at least have a job. Inspite of both of us having Masters degress from US universities, we are both suffering - me languishing in a filthy job and my wife on H4 - for the past 5 years !!! She is now more than 35 making it difficult to have kids etc...
I don't have the choice of going back to my home country due to many other personal reasons. I just don't know what to do... I am losing my sanity.
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abq_gc
08-18 02:38 PM
hey NC14... why dont u come and fight for my GC then....... since ur not so worried abt yurs........ why are u even visiting these forums.. if ur not so concerned....
agreed... that we have to take up everyone's cause.. but well charity begins at home...
agreed... that we have to take up everyone's cause.. but well charity begins at home...
more...
vbkris77
09-24 09:08 AM
By law the job should be in different company. However many desi employers are having two or more sister companies. They get it applied under another sister company's name.
Had it been a different company too this porting of date for B (my example above) is not justified. Because when B had originally applied he did not have the EB2 qualification/experience. He gained it later, so he should not be allowed to use the original date for EB2. The law should be the new perm date for the EB2 should be the priority date.
The porting of date should only be allowed in same category, if someone changes a job after 180days of 485 and remains in same category.
EB2 I applicants should point this out. I know many of my friends have started sending out memo to USCIS.. But to take any adminstrative measure more people need to follow or contact USCIS.
Else it is your fate.. you know better what to do...
It is legal per INA to do that.. So your letters and your friends letters are just gutted in the trash right away.. :p
Had it been a different company too this porting of date for B (my example above) is not justified. Because when B had originally applied he did not have the EB2 qualification/experience. He gained it later, so he should not be allowed to use the original date for EB2. The law should be the new perm date for the EB2 should be the priority date.
The porting of date should only be allowed in same category, if someone changes a job after 180days of 485 and remains in same category.
EB2 I applicants should point this out. I know many of my friends have started sending out memo to USCIS.. But to take any adminstrative measure more people need to follow or contact USCIS.
Else it is your fate.. you know better what to do...
It is legal per INA to do that.. So your letters and your friends letters are just gutted in the trash right away.. :p
zoooom
07-19 09:01 PM
contributed $100 just now
...through Paypal, confirmation number 0EH97012SF291823E
Huh...Man I wish you waited more. This is seperate effort for core members. We have not yet started collecting money
...through Paypal, confirmation number 0EH97012SF291823E
Huh...Man I wish you waited more. This is seperate effort for core members. We have not yet started collecting money
more...
JunRN
08-27 05:35 AM
Mine was filed on July 31 as per FEDEX tracking number was received by C. Houge....I am hoping to receive my RNs on the first week of September based on the rate as per USCIS Receipt Processing Notice....
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nmdial
09-09 10:03 AM
I read this as a status message of a CEO sometime back on linkedin:
An egg, when broken from inside, brings in new life but if broken from outside, kills it.
Please, don't let the immigration process break you. Join IV (and us) and fight it...until we break it for a better change.
An egg, when broken from inside, brings in new life but if broken from outside, kills it.
Please, don't let the immigration process break you. Join IV (and us) and fight it...until we break it for a better change.
more...
lvaka
09-30 12:09 PM
Hi,
Can you pls explain or give an approximate number of months in advance one shud comfortably apply for the renewal of the EAD?
Can you pls explain or give an approximate number of months in advance one shud comfortably apply for the renewal of the EAD?
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chanduv23
07-08 03:04 PM
The exchange between Chanduv and Desi3933 has been a refreshingly objective discussion and is a welcome change from the typical hyper-reactionary posts one sees more frequently in this forum.
One of the features of the fight for EB immigration reforms we all need to be cognizant of is - that most (99%) of the members are in this fight to solve an immediate personal problem (visa situation) in a timely manner - most of us are not in it because we believe it to be a cause larger than us and a cause that demands personal sacrifice - and hence the lack of collective passion (lukewarm responses to IV sponsored drives, donation efforts etc.)
While - many have tried to compare this cause to India's independence struggle or Gandhiji's movement in South Africa - but the fundamental difference is that in both these struggles - people who led the struggles led it at a personal cost (Gandhiji willingly gave away a lucrative career to take up the struggle and so did Nehru; Netaji Bose was a Civil Services Officer and gave it up) - even the vast majority of revolutionaries (Bhagat Singh et al) were college educated professionals who could easily have had nice careers in British India.........and therein lies the fundamental difference......not one of us would willingly give up what we have for this struggle - we are in it because we are stuck in a system and want some resolution.......as soon as our particular situation gets resolved...we move on....(maybe there are a few exceptions and hats off to these folks).........and hence Desi - the answer to your question why H1 does not care for F1 and EAD does not care for H1 and so on.......it is not a collective cause - it is just a collection of individual causes - thats all - we would be fooling ourselves if we had some other grandiose visions - calling this group a cause would be the same as calling passengers on a bus one group - they are in the same bus simply because they share a part of their journey - thats it
Well said. healthy discussions help introspect ourselves. In day to day life we seldom see people trying to be wise and good. At workplaces, there is no healthy discussion - all people do is to watch out their backs and talk accordingly - which leads to false perspectives. These days when we give a good advice to friends or someone they may not percieve it in a good way with a "stop preaching me - go help yourself" attitude.
One of the features of the fight for EB immigration reforms we all need to be cognizant of is - that most (99%) of the members are in this fight to solve an immediate personal problem (visa situation) in a timely manner - most of us are not in it because we believe it to be a cause larger than us and a cause that demands personal sacrifice - and hence the lack of collective passion (lukewarm responses to IV sponsored drives, donation efforts etc.)
While - many have tried to compare this cause to India's independence struggle or Gandhiji's movement in South Africa - but the fundamental difference is that in both these struggles - people who led the struggles led it at a personal cost (Gandhiji willingly gave away a lucrative career to take up the struggle and so did Nehru; Netaji Bose was a Civil Services Officer and gave it up) - even the vast majority of revolutionaries (Bhagat Singh et al) were college educated professionals who could easily have had nice careers in British India.........and therein lies the fundamental difference......not one of us would willingly give up what we have for this struggle - we are in it because we are stuck in a system and want some resolution.......as soon as our particular situation gets resolved...we move on....(maybe there are a few exceptions and hats off to these folks).........and hence Desi - the answer to your question why H1 does not care for F1 and EAD does not care for H1 and so on.......it is not a collective cause - it is just a collection of individual causes - thats all - we would be fooling ourselves if we had some other grandiose visions - calling this group a cause would be the same as calling passengers on a bus one group - they are in the same bus simply because they share a part of their journey - thats it
Well said. healthy discussions help introspect ourselves. In day to day life we seldom see people trying to be wise and good. At workplaces, there is no healthy discussion - all people do is to watch out their backs and talk accordingly - which leads to false perspectives. These days when we give a good advice to friends or someone they may not percieve it in a good way with a "stop preaching me - go help yourself" attitude.
more...
StarSun
02-09 08:24 AM
Pappu
The link on your message to donate seems to be broken. can you check into it, or can I just donate to IV through Paypal.
Yes, you can use paypal. All one time donations go towards DC advocacy efforts.
Thanks.
The link on your message to donate seems to be broken. can you check into it, or can I just donate to IV through Paypal.
Yes, you can use paypal. All one time donations go towards DC advocacy efforts.
Thanks.
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gxtrader
09-13 01:05 AM
Kudos to late july filers who got good news. Mine was received by F.Heinauer on July 30 11:23 am at NSC.......nothing yet.
more...
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krish2006
09-24 08:18 AM
Consider the scenario:
Two guys (A and B) come to US in 2005, both do not have MS and experience less than 5 years. Therefore both not elligible for EB2 on 2005. They are from a retrogressed country.
A does MS and joins job in 2007, becomes eligible for EB2 and files GC on 2007.
B joins a job on 2005 that do not need MS and experience and files for EB3.
Till 2010 both of them did not get GC. But B crossed 5 years of experience and from EB3 to EB2. Now B's priority date is 2005, although he was not elligible for EB2 at that time.
Although A was elligible for EB2 in 2007 earlier than B (2010), A is pushed behind B.
SHould it be acceptable to people like A? And there is not one or two pleale like B, thousands arer doing that?
If you see my priority date you will understand I am not saying this for myself. I have a bro and friends who are facing this isssue.
Therefore EB2s who are from mid 2006 onwards will really get pushed back..
I see this porting simillar to the labor substitition.. Till it was in place it was legal although thousands bought labors and that is one main reason EB2 had retrogressed back to 2000. I predict simillar thing is happending again, people are paying money to the desi employers to file perm in EB2 again pretty soon same tertrogression will happen to EB2 I if any urgent action is not taken.
I hace passed this stage.. now its for you all to decide..
In Your example, Is B working for the same company or different company in 2010. As you know experience working for the same company does not count towards EB2. B has to take another job at a different company to qualify for EB2. Am I correct in this?
(unless the title and job description totally different in 2010 for B)
Two guys (A and B) come to US in 2005, both do not have MS and experience less than 5 years. Therefore both not elligible for EB2 on 2005. They are from a retrogressed country.
A does MS and joins job in 2007, becomes eligible for EB2 and files GC on 2007.
B joins a job on 2005 that do not need MS and experience and files for EB3.
Till 2010 both of them did not get GC. But B crossed 5 years of experience and from EB3 to EB2. Now B's priority date is 2005, although he was not elligible for EB2 at that time.
Although A was elligible for EB2 in 2007 earlier than B (2010), A is pushed behind B.
SHould it be acceptable to people like A? And there is not one or two pleale like B, thousands arer doing that?
If you see my priority date you will understand I am not saying this for myself. I have a bro and friends who are facing this isssue.
Therefore EB2s who are from mid 2006 onwards will really get pushed back..
I see this porting simillar to the labor substitition.. Till it was in place it was legal although thousands bought labors and that is one main reason EB2 had retrogressed back to 2000. I predict simillar thing is happending again, people are paying money to the desi employers to file perm in EB2 again pretty soon same tertrogression will happen to EB2 I if any urgent action is not taken.
I hace passed this stage.. now its for you all to decide..
In Your example, Is B working for the same company or different company in 2010. As you know experience working for the same company does not count towards EB2. B has to take another job at a different company to qualify for EB2. Am I correct in this?
(unless the title and job description totally different in 2010 for B)
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arihant
05-03 12:05 PM
GreeNever,
The only clarification I would make over Knnmbd's interpretation is that as long as you have a US master's degree or higher, the "3 years work experience in a related field" restriction will not apply. If you read section 201 carefully, you will see that the difference between items 1 and 2 is that item 1 refers to US advanced degree holders while item 2 refers to advanced degree holders (resumably non-US educated). The 3 year restriction only applies to those who fall into item #2.
So, if
a) you have a MS from a US university, you and your immediate family (spouse and minor children) will not be subject to the 3 years restriction and will be exempt from the Visa Cap
b) you have a masters or higher from an acredited non-US university, then the Visa Cap will not apply to you and your family, but you shouldd have worked in the US in a "related" field for 3 years.
My question to everyone:
Will folks in section 201 be required to get a Labor certification? If not, then this will provide relief to a lot of us stuck in the BECs.
Knowledgeable folks, please comment.
REMINDER: Any such bill is still MANY months away from seeing the light of day, if at all. BUT, favorable bills such as these give us hope.
The only clarification I would make over Knnmbd's interpretation is that as long as you have a US master's degree or higher, the "3 years work experience in a related field" restriction will not apply. If you read section 201 carefully, you will see that the difference between items 1 and 2 is that item 1 refers to US advanced degree holders while item 2 refers to advanced degree holders (resumably non-US educated). The 3 year restriction only applies to those who fall into item #2.
So, if
a) you have a MS from a US university, you and your immediate family (spouse and minor children) will not be subject to the 3 years restriction and will be exempt from the Visa Cap
b) you have a masters or higher from an acredited non-US university, then the Visa Cap will not apply to you and your family, but you shouldd have worked in the US in a "related" field for 3 years.
My question to everyone:
Will folks in section 201 be required to get a Labor certification? If not, then this will provide relief to a lot of us stuck in the BECs.
Knowledgeable folks, please comment.
REMINDER: Any such bill is still MANY months away from seeing the light of day, if at all. BUT, favorable bills such as these give us hope.
more...
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mrajatish
05-04 03:22 PM
So if the kid gets his GC and you do too because he, like many other kids, are removed from the queue, is that a problem or a good thing?
Plus in a lot of fields, having an MS or PhD is absolutely necessary.
Plus in a lot of fields, having an MS or PhD is absolutely necessary.
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gc4me
04-24 11:29 AM
Another silent deshi employer here trying to scar H1s not to sue. I guess he created his ID (Join Date: Apr 2008) just for this.
Go and create another website in favour of deshi blood su&^%$rs called reverse-IV.org. Don't try to mock here.
Did you ask Attorney what happens if your employer still choose to Sue you? My friend's attorney told most of cases will be settled, but we might loose money up to 10K. Is it woth it doing? Also if we choose to fight, we might have to attend hearing (may be in different state based on your agreement). I am an employee too, and with you on this. I'd say if attorney guarentees he'll win our case we can go ahead.
Go and create another website in favour of deshi blood su&^%$rs called reverse-IV.org. Don't try to mock here.
Did you ask Attorney what happens if your employer still choose to Sue you? My friend's attorney told most of cases will be settled, but we might loose money up to 10K. Is it woth it doing? Also if we choose to fight, we might have to attend hearing (may be in different state based on your agreement). I am an employee too, and with you on this. I'd say if attorney guarentees he'll win our case we can go ahead.
more...
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eb3_nepa
08-18 02:35 PM
SunnySurya,
There is ABSOLUTELY NO QUESTION of contacting state chapter heads. State chapter heads are not your personal lackeys. They are members who receive instructions from the IV core team to take on initiatives.
This is NOT an initiative that the ENTIRE IV community supports and hence will NOT be taken up by state chapter heads. The key here is UNITY UNITY UNITY. You have chosen to break the FIRST CODE of IV ethics and that is UNITY.
Lastly, it is NOT upto YOU to decide what is ethical and unethical. It is upto the CORE team. So please consult with the core team before you make up the rules.
There is ABSOLUTELY NO QUESTION of contacting state chapter heads. State chapter heads are not your personal lackeys. They are members who receive instructions from the IV core team to take on initiatives.
This is NOT an initiative that the ENTIRE IV community supports and hence will NOT be taken up by state chapter heads. The key here is UNITY UNITY UNITY. You have chosen to break the FIRST CODE of IV ethics and that is UNITY.
Lastly, it is NOT upto YOU to decide what is ethical and unethical. It is upto the CORE team. So please consult with the core team before you make up the rules.
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bigboy007
08-13 03:29 PM
That's great, I guess Texas is moving now..:)
i see an LUD change for my case today with my I140 pending at TSC sent my 485 to NSC July 2 9:55 AM Fedex , LUD change date is 8/12/2007 , does it make any sense or what indication it is ?
i see an LUD change for my case today with my I140 pending at TSC sent my 485 to NSC July 2 9:55 AM Fedex , LUD change date is 8/12/2007 , does it make any sense or what indication it is ?
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saisujatha123
05-11 02:35 PM
What location?
How and where do we send flowers to obama?
How and where do we send flowers to obama?
guru76
11-18 05:15 PM
Sent
ashish3
11-21 11:01 AM
Mehul,
I am very sorry and shocked to hear this news. I pray to GOD so don't lose hope.. everything will be OK .... I think taking second/third opinion is going to help and as far as your wife Immigiration case .. I think some members mentioned about talking to Attorney .. You can also drop a email to Sheila Mutrhy and Rajive Khanna. I am sure they will come out and help...
Please don't lose hope... everything will be OK...
I am very sorry and shocked to hear this news. I pray to GOD so don't lose hope.. everything will be OK .... I think taking second/third opinion is going to help and as far as your wife Immigiration case .. I think some members mentioned about talking to Attorney .. You can also drop a email to Sheila Mutrhy and Rajive Khanna. I am sure they will come out and help...
Please don't lose hope... everything will be OK...
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