tikka
07-02 08:20 PM
I put in $100 today to fight for our cause
for your contribution:)
for your contribution:)
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Madhuri
11-22 07:39 PM
If you changed the project and the new project is giving better hourly rate then if you are working on percentage basis, your share will go up.
And in this case if you have a labor and I 140 approved, will there be any problem?
Please note the job title does not change in the above case.
It is my understanding that when applying for a GC, until you have your LC approved (and possibly I-140), you cannot change your title or salary, beyond what was submitted in the LC application. Technically, the DOL is verifying a 'job' (and the salary related to that job), so in theory, that can't change, not because the employer doesn't want to, but because the law doesn't allow it.
Now, an employer may unofficially get around this (by increasing your bonus payout, or giving you stock, or changing the internal level of your job), but these are 'handouts' that you may get if your employer is fair.
With the backlogs that are in effect for pre-PERM LC approvals, employees can go from 1-3 years without a salary or promotion/job title change, and that is the law! Go figure.
And in this case if you have a labor and I 140 approved, will there be any problem?
Please note the job title does not change in the above case.
It is my understanding that when applying for a GC, until you have your LC approved (and possibly I-140), you cannot change your title or salary, beyond what was submitted in the LC application. Technically, the DOL is verifying a 'job' (and the salary related to that job), so in theory, that can't change, not because the employer doesn't want to, but because the law doesn't allow it.
Now, an employer may unofficially get around this (by increasing your bonus payout, or giving you stock, or changing the internal level of your job), but these are 'handouts' that you may get if your employer is fair.
With the backlogs that are in effect for pre-PERM LC approvals, employees can go from 1-3 years without a salary or promotion/job title change, and that is the law! Go figure.
CSPAvictim
07-09 06:53 PM
I have a question: If this is indeed an internal DOS regulation, which it most probably is, does it mean that DOS can make changes without sufficient notice to the applicants/public? Does the Administrative Procedures Act come into play in such a situation?
Remember this is internal DoS regulation and not a US Code or Law. They can change at any time and way they want to.
The whole law-suit is essentially about hardship caused to applicants in multiple dimensions with a sprinkling of violation of law (info on which is still quiet hazy )to give some back-bone to the argument in the law-suit!
Remember this is internal DoS regulation and not a US Code or Law. They can change at any time and way they want to.
The whole law-suit is essentially about hardship caused to applicants in multiple dimensions with a sprinkling of violation of law (info on which is still quiet hazy )to give some back-bone to the argument in the law-suit!
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redindian
07-16 07:00 PM
I think we need to counter act and stop this kind of False Propagandas
Core Team Please draft a Letter in accordance to this we will all send Web faxes...
Not every Senator has time to learn the facts they would only believe any statement or propaganda somebody is making. we should strongly object it..
Again it is my personal view..
the fax contents has been like this since last year - so i think they are just pathetic liars/losers who just want to spread false information about us.
i am sure they know that we pay tax/social security - but it doesnt help their case.... no difference between these racists and AlQda madarassas
Core Team Please draft a Letter in accordance to this we will all send Web faxes...
Not every Senator has time to learn the facts they would only believe any statement or propaganda somebody is making. we should strongly object it..
Again it is my personal view..
the fax contents has been like this since last year - so i think they are just pathetic liars/losers who just want to spread false information about us.
i am sure they know that we pay tax/social security - but it doesnt help their case.... no difference between these racists and AlQda madarassas
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gsc999
04-08 11:02 AM
I think -We have to come to our senses. The law wants to treat us as slaves. Do the work and go back. They do not want to give the opportunity to have the american dream. They do not have problem with mexicans, or arabic country people, or anybody. All they want is - we do not want smart talented ones to take our white collar jobs.
We are screwed by our Desi employers, the law. We do it for $. So it is really upto us to choose from. Money or respect.
When I see fellow indians, at the age of 40, I feel pity. Most of us would see that they are in dilema as what to do. What they are doing is correct. They live a succumbed life.
Choose life !! is the better option !!
-------
yawn. Weak post. Just substitute "I" for wherever you use "We" start with "I have to come to my senses." Don't patronize and don't be condescending.
We are screwed by our Desi employers, the law. We do it for $. So it is really upto us to choose from. Money or respect.
When I see fellow indians, at the age of 40, I feel pity. Most of us would see that they are in dilema as what to do. What they are doing is correct. They live a succumbed life.
Choose life !! is the better option !!
-------
yawn. Weak post. Just substitute "I" for wherever you use "We" start with "I have to come to my senses." Don't patronize and don't be condescending.
quizzer
08-15 03:59 PM
Sep visa bulletin better than expected for EB2
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delax
07-22 05:15 PM
I485 Receipt I485 Pending I485-processed FB I-485 EB I-485
Oct-07 237915 842231 50548 42500 8048
Nov-07 51773 845691 48313 42500 5813
Dec-07 35020 833141 47570 42500 5070
Jan-08 35771 813238 55674 42500 13174
Feb-08 38210 787516 63932 42500 21432
Mar-08 43548 762938 68126 42500 25626
Apr-08 50951 742597 71292 42500 28792
May-08 45357 739934 48020 42500 5520
* Data from USCIS months processing report
** Oct 07 Receipt number changed from 137915 to 237915 (just looked incorrect)
** FB is flat (730k-220k CP / 12 months)
We have 113475 EB I-485 processed until May 08 (in 8 months), if we take 80% acceptance rate the number of visa used will be 90780 and if we use 90% acceptance rate USCIS may have used 102127 visas.
Wow! Great Job. I guess I can call you vdlrao2. That means there are around 40k visas available and most should go to EB2-I.......
Oct-07 237915 842231 50548 42500 8048
Nov-07 51773 845691 48313 42500 5813
Dec-07 35020 833141 47570 42500 5070
Jan-08 35771 813238 55674 42500 13174
Feb-08 38210 787516 63932 42500 21432
Mar-08 43548 762938 68126 42500 25626
Apr-08 50951 742597 71292 42500 28792
May-08 45357 739934 48020 42500 5520
* Data from USCIS months processing report
** Oct 07 Receipt number changed from 137915 to 237915 (just looked incorrect)
** FB is flat (730k-220k CP / 12 months)
We have 113475 EB I-485 processed until May 08 (in 8 months), if we take 80% acceptance rate the number of visa used will be 90780 and if we use 90% acceptance rate USCIS may have used 102127 visas.
Wow! Great Job. I guess I can call you vdlrao2. That means there are around 40k visas available and most should go to EB2-I.......
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mi2
11-17 04:57 PM
I don't care if the company is kind enought or not. Damn it .....it's my life and I want to control my own destiny.... a green card , red card, yellow card cannot make me beg anybody !! I have decided that I will keep switching on extensions and keep getting three extensions ....
If CIR / SKLIL happens , it would just be a bonus. But I will definitely help IV financially and morally all the time.....
EVERYONE SHOULD CONTRIBUTE AND MAKE SURE THAT WE WIN OR LOSE IT DOESN'T MATTER ....... WHAT MATTER THE MOST IS THAT WE GAVE OUR BEST SHOT AT IT.... AT THE END OF THE DAY YOU DON'T WANT TO FEEL THAT U DIDN'T TRY ENOUGH TO KILL THE CROCODILE. !!
I URGE THE MEMBERS TO KEEP CONTRIBUTIING TO IV.... NUMBERUSA HAS TON OF MONEY TO PUSH THEIR SIDE.....
Well said anurakt! I did the same - recently changed my job and restarted the process. At the end of the day better prof. experience will give value add - not an immigration status.
Having said that - I support IV and stand by it. I admire the attitude and am proud to be a part of the group. The immigration situation is very frustating but I'll not allow it to 'control' me.
Cheers!
If CIR / SKLIL happens , it would just be a bonus. But I will definitely help IV financially and morally all the time.....
EVERYONE SHOULD CONTRIBUTE AND MAKE SURE THAT WE WIN OR LOSE IT DOESN'T MATTER ....... WHAT MATTER THE MOST IS THAT WE GAVE OUR BEST SHOT AT IT.... AT THE END OF THE DAY YOU DON'T WANT TO FEEL THAT U DIDN'T TRY ENOUGH TO KILL THE CROCODILE. !!
I URGE THE MEMBERS TO KEEP CONTRIBUTIING TO IV.... NUMBERUSA HAS TON OF MONEY TO PUSH THEIR SIDE.....
Well said anurakt! I did the same - recently changed my job and restarted the process. At the end of the day better prof. experience will give value add - not an immigration status.
Having said that - I support IV and stand by it. I admire the attitude and am proud to be a part of the group. The immigration situation is very frustating but I'll not allow it to 'control' me.
Cheers!
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kondur_007
06-08 07:01 PM
There is going to be no spillover to EB2 India at all because according to the thread "Employment-Based Visa Number Movement and Predictions - from current Murthy Bulletin" thread Mr. Oppenheim (the guy from the DOS who sets the visa bulletin) said that EB1, EB4 and Eb5 might also retrogress (that is have to a cut off date which means they will not be current). If EB1, EB2 and EB5 retrogress and there is no spillover from EB2 ROW and there is no spillover from Family based visas there will not be any spillover to Eb2 India at all. There is absoluetely no difference between Eb3 India and Eb2 India except that EB3 India will be stuck in 2001 and Eb2 India might be stuck either in 2002 or early 2003. We are screwed for ages to come. Dont give me red for bringing this harsh reality, I myself am depressed
Nobody should get red for expressing their thought!! So if at all I give you some, it would be only green!
coming to your point: Even in the thread you referenced to, I have posted a comment "Mr. Oppenheim's statements do not add up...his statements logically contradict each other (well you can not expect LOGIC from USCIS). and so the exact scenario will only be clarified with VB, date movements and finally, their year end statistics".
Accordingly, moving the EB2 I and C together, they have proven that "they are getting ready to spill over". Moreover, EB2 China has used up "its own quota" and will need spill over to move. EB2 ROW on the other had has not used up "its own quota" and will not need spill over (as it is current and not together with India and china). So any spill over from EB1 will come to EB2 India and China (effectively only to India). And if EB2 ROW does not use up their remaining numbers (which they have not so far) during the rest of fiscal year they will also spill to EB2 India.
Now as far as future of EB2 vs EB3 is concerned, I personally believe (and this is just my personal belief....) that unless EB1 (specially EB1C) gets oversubscribed (as mentioned in other threads), EB2 should move quickly during next fiscal year. EB1 usage can only be known from year end data as and when they publish it.
Nobody should get red for expressing their thought!! So if at all I give you some, it would be only green!
coming to your point: Even in the thread you referenced to, I have posted a comment "Mr. Oppenheim's statements do not add up...his statements logically contradict each other (well you can not expect LOGIC from USCIS). and so the exact scenario will only be clarified with VB, date movements and finally, their year end statistics".
Accordingly, moving the EB2 I and C together, they have proven that "they are getting ready to spill over". Moreover, EB2 China has used up "its own quota" and will need spill over to move. EB2 ROW on the other had has not used up "its own quota" and will not need spill over (as it is current and not together with India and china). So any spill over from EB1 will come to EB2 India and China (effectively only to India). And if EB2 ROW does not use up their remaining numbers (which they have not so far) during the rest of fiscal year they will also spill to EB2 India.
Now as far as future of EB2 vs EB3 is concerned, I personally believe (and this is just my personal belief....) that unless EB1 (specially EB1C) gets oversubscribed (as mentioned in other threads), EB2 should move quickly during next fiscal year. EB1 usage can only be known from year end data as and when they publish it.
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desi3933
01-30 03:26 PM
Ok now I am very very confused :confused:
Your statement mentions that the 485 does not cover out of status from last non-immigrant visa entry to 485 filing. I have always been working during that time. No issues.
Good. That means you were in-status at the I-485 filing. Submit documents mentioned in RFE and you should be good.
After filing 485, I exited and reentered twice using my H1. Last entry was in March 2008 I think. After that, I changed employers using AC21 and got my H1 transferred so I was still on an H1 status. Finally I departed the US in Dec 2008 for vacation while still on H1 status with an active job. I got laid off while I was out of the US.
Now, at that time I had a stamped H1 as well as an AP. I could have used either. However, I felt that using the H1 would be wrong as I no longer had a job with the H1 employer. So I decided to brave the secondary inspections and entered on AP. Since then I have been looking for a job.
My question is - Is the time I haven't been working considered as Out of Status?
>> My question is - Is the time I haven't been working considered as Out of Status?
No you are not. Like I said out of status UNTIL date of I-485 application is most important.
____________________
Not a legal advice.
US Citizen of Indian Origin
Your statement mentions that the 485 does not cover out of status from last non-immigrant visa entry to 485 filing. I have always been working during that time. No issues.
Good. That means you were in-status at the I-485 filing. Submit documents mentioned in RFE and you should be good.
After filing 485, I exited and reentered twice using my H1. Last entry was in March 2008 I think. After that, I changed employers using AC21 and got my H1 transferred so I was still on an H1 status. Finally I departed the US in Dec 2008 for vacation while still on H1 status with an active job. I got laid off while I was out of the US.
Now, at that time I had a stamped H1 as well as an AP. I could have used either. However, I felt that using the H1 would be wrong as I no longer had a job with the H1 employer. So I decided to brave the secondary inspections and entered on AP. Since then I have been looking for a job.
My question is - Is the time I haven't been working considered as Out of Status?
>> My question is - Is the time I haven't been working considered as Out of Status?
No you are not. Like I said out of status UNTIL date of I-485 application is most important.
____________________
Not a legal advice.
US Citizen of Indian Origin
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bheemi123
10-03 01:30 PM
need to know the process of conversion of L1 to H4
apply transfer for change of status...
apply transfer for change of status...
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dressking
09-26 11:53 AM
I think we should start a media campaign. Here is an easy way to get your message out to as many media outlet as possible: go to http://www.immigrantslist.org/page/speakout/dailies
By the way, I recommend Immigrants' List (http://www.immigrantslist.org). Although this organization is for all immigrants, both legal and illegal, legal and illegal are facing the same problem: the anti-immigration sentiment. And because of the problems in the immigration system, legal immigrants can sometimes become illegal without knowing it. Plus it is so difficult to jump through so many hoops that are designed to make you illegal, there is no point to let these laws enslave you.
We can only abide by the laws to certain extend and only if the laws are reasonable. If the laws are based on disrespect for us, we should not abide by those laws. We should fight to change those laws.
By the way, I recommend Immigrants' List (http://www.immigrantslist.org). Although this organization is for all immigrants, both legal and illegal, legal and illegal are facing the same problem: the anti-immigration sentiment. And because of the problems in the immigration system, legal immigrants can sometimes become illegal without knowing it. Plus it is so difficult to jump through so many hoops that are designed to make you illegal, there is no point to let these laws enslave you.
We can only abide by the laws to certain extend and only if the laws are reasonable. If the laws are based on disrespect for us, we should not abide by those laws. We should fight to change those laws.
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qualified_trash
12-27 07:02 AM
Let us consider this in the context of what happened in this country on 9/11. Almost all of these rules were implemented post 9/11. There is no use crying over this. IMHO, we are paying the price for someone else's mistakes.
We should just concentrate on legislative relief and in the interim, follow the law to the letter so when we do speak to the Senate/Congress, our position as a group should be above reproach.
As for home loans, Ameriquest gave me a great rate and had me pre-approved in no time.........
Airlines: fly direct to India/China/Japan/Philippines etc. it is a lot easier on kids as well (if you have kids :-))
And finally, it is good to see a bunch of new members on the forum :-)
We should just concentrate on legislative relief and in the interim, follow the law to the letter so when we do speak to the Senate/Congress, our position as a group should be above reproach.
As for home loans, Ameriquest gave me a great rate and had me pre-approved in no time.........
Airlines: fly direct to India/China/Japan/Philippines etc. it is a lot easier on kids as well (if you have kids :-))
And finally, it is good to see a bunch of new members on the forum :-)
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Canadian_Dream
11-17 12:44 PM
That's probably the path most people with (EB3 2003 onwards/EB2 2004 onwards) will take from now on. The only hurdle is there is no clarity about the law regarding H1B extensions granted on an approved I-140. Most people have run out of H1B and will have to change jobs on the extensions. I hope USCIS issues a clear guidance on this issue. Also you might not have to let go of the priority date if your company is kind enough.
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alisa
01-23 08:49 PM
And hoping that some more data, some more pointers, and some more information comes out of this thread, before it dies.
Data and estimates and links to websites needed for estimating when a PD would become current.
Data and estimates and links to websites needed for estimating when a PD would become current.
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rajkr
06-10 07:49 PM
First of all there is no mention of EADs in the Bill. So I do not understand why Pappu is highlighting this issue so much.
Grassley continues his war on H1B visas. When I see this Forum, I see a high degree of panic among the members here. Please UNDERSTAND VERY CLEARLY that this is only a proposal, not a law. To become a law it has to go through both the house and the senate.
Grassley and Saunders have both tried to do everything possible to eliminate the H1B program over the years. They haven't had much success. I don't see them having any success with this bill either. There are very powerful interests that will step up to oppose this legislation when and IF it is ever considered. Personally, I just don't see it ever getting serious consideration.
Saunders, while listed as an "independent", was nominated and elected as a Socialist. He simply doesn't like business.
Please also understand that when you say that if this Bill is passed then H1b, L1, EAD can not be renewed. Many seems to forget that GC is also subject to renewal process. So why do not you include GC also in the list. Please do not waste your times on ifs and buts type of things. Focus on what is happening and what is realistic. Support CIR and how it can be approved, but do not run after something that can never ever happen.
Grassley continues his war on H1B visas. When I see this Forum, I see a high degree of panic among the members here. Please UNDERSTAND VERY CLEARLY that this is only a proposal, not a law. To become a law it has to go through both the house and the senate.
Grassley and Saunders have both tried to do everything possible to eliminate the H1B program over the years. They haven't had much success. I don't see them having any success with this bill either. There are very powerful interests that will step up to oppose this legislation when and IF it is ever considered. Personally, I just don't see it ever getting serious consideration.
Saunders, while listed as an "independent", was nominated and elected as a Socialist. He simply doesn't like business.
Please also understand that when you say that if this Bill is passed then H1b, L1, EAD can not be renewed. Many seems to forget that GC is also subject to renewal process. So why do not you include GC also in the list. Please do not waste your times on ifs and buts type of things. Focus on what is happening and what is realistic. Support CIR and how it can be approved, but do not run after something that can never ever happen.
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msgrewal81
02-19 12:18 AM
There is a big Hispanic lobby to represent illegals in Congress. Who is there to represent us and put our amendments - NOBODY. So, best is to either oppose it or die.
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rpulipati
10-31 10:18 AM
This poll people are the most affected in the retrogression and I can see that 700 people has voted so far.
Official number may be much large, x2, x3 or x10.
Without no law change, we will be here for years to come.
Support IV.
Official number may be much large, x2, x3 or x10.
Without no law change, we will be here for years to come.
Support IV.
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abstractvision
03-19 11:31 AM
I called USCIS this morning and the lady took 3 mnute to explain me why the delay was happening. She mentioned that they will conduct a sweep on Fri Apr 4th to determine the I-485 cases in light of new visa bulletin and that cases will be assigned to IOs by Mon Apr 14th.
Not that I believe on help desk type of info with their primary job is get the caller off the phone but I have to admit that she was polite.
I will call again on Apr 4th and keep the forum updated.
Not that I believe on help desk type of info with their primary job is get the caller off the phone but I have to admit that she was polite.
I will call again on Apr 4th and keep the forum updated.
jungalee43
03-03 06:24 PM
I will buy my house in US as soon as BUT ONLY AFTER I get my green card as thousands of other applicants have done.
rayoflight
06-15 10:02 AM
I meant can we get a list of all the states the emails have been sent by all the members.
The mail will only be sent to your US Senators from your state.
The mail will only be sent to your US Senators from your state.
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