ragz4u
05-04 11:58 AM
I am having trouble attaching it here and will get back to it soon
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GCStatus
09-16 06:00 PM
Guys
We are doing this to help everyone. Especially, those whose PD is still current as per September VB, if you act with in next 5-10 days, you have a chance. if you can individually file a law suit when your PD is current.Since my guess is, the lawsuit we are working on in this thread, will take some time to shape up. But this is a Biggie, we want to create a big impact. Meanwhile, folks who are out there waiting since 2001,2002.... you can follow the links that i pasted in my previous message. People have won lawsuit very similar to the one we are talking about. I can even paste some of the I-485 lawsuits filed because of unreasonable and unnecessary delays, when PD is current.
Here you go
http://boards.immigration.com/showpost.php?p=1876734&postcount=15992
http://boards.immigration.com/attachment.php?attachmentid=17596&d=1221222486
This is for the non-believers like Mr.Lord
We are doing this to help everyone. Especially, those whose PD is still current as per September VB, if you act with in next 5-10 days, you have a chance. if you can individually file a law suit when your PD is current.Since my guess is, the lawsuit we are working on in this thread, will take some time to shape up. But this is a Biggie, we want to create a big impact. Meanwhile, folks who are out there waiting since 2001,2002.... you can follow the links that i pasted in my previous message. People have won lawsuit very similar to the one we are talking about. I can even paste some of the I-485 lawsuits filed because of unreasonable and unnecessary delays, when PD is current.
Here you go
http://boards.immigration.com/showpost.php?p=1876734&postcount=15992
http://boards.immigration.com/attachment.php?attachmentid=17596&d=1221222486
This is for the non-believers like Mr.Lord
Refugee_New
08-18 02:53 PM
Ok people, the *F* bomb is being thrown about a LITTLE too much here.
Wasn't that appropriate here? Aren't they use this word in day to day life?
Wasn't that appropriate here? Aren't they use this word in day to day life?
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umndude
09-24 03:02 PM
Abuse can happen as long as there are desi consulting companies. Major companies in silicon valley does not file for an EB2 unless salary is > 95k and unless they advertise M.S. + 2 years. How many desi consulting company jobs are really EB2 jobs? Think about it.
Abuse happens at all places
EB1C
EB2 desi consulting (new or porting)
The latest trend is, leave current job where they filed an EB3. Go to desi consulting company, file for EB2 with old priority date. Get GC. Come back to old company with hike and of-course GC.
Equating labor substitution with porting is real silly. Labor substitution was clamped down, because of abuse, however it didn't mean that it was wrong by its very virtue. However the abuse lead to its closure.
As for porting, I don't see any scope for abuse. Cuz the process is in such a way, that one has to refile labor, 140, and all the exact procedures similar any freshly new EB-2 candidate would. The only difference is that at the end, one has option to request his/her earlier date.
And rightly so, because there's a difference between two Eb-2 filers. One who has not filed anything before, and one has filed "SOMETHING" before. That "something" holds the merit.
Abuse happens at all places
EB1C
EB2 desi consulting (new or porting)
The latest trend is, leave current job where they filed an EB3. Go to desi consulting company, file for EB2 with old priority date. Get GC. Come back to old company with hike and of-course GC.
Equating labor substitution with porting is real silly. Labor substitution was clamped down, because of abuse, however it didn't mean that it was wrong by its very virtue. However the abuse lead to its closure.
As for porting, I don't see any scope for abuse. Cuz the process is in such a way, that one has to refile labor, 140, and all the exact procedures similar any freshly new EB-2 candidate would. The only difference is that at the end, one has option to request his/her earlier date.
And rightly so, because there's a difference between two Eb-2 filers. One who has not filed anything before, and one has filed "SOMETHING" before. That "something" holds the merit.
more...
hariswaminathan
09-09 07:08 PM
Like my title says - Could it be a mistake on their part for EB3 I ? Was it meant to be 15th April 2002 ?
In March of This year it was 15th Oct 2001. Then it goes to U for untli Oct and now its 15th April 2001 (gone back 6 months !!!!) This seems odd for a new fiscal year with new Visa Quota however small EB3I may be - are there still that many 2000-2001 applications pre-adjudicated in the system waiting for a visa that they had to roll it back ?
In March of This year it was 15th Oct 2001. Then it goes to U for untli Oct and now its 15th April 2001 (gone back 6 months !!!!) This seems odd for a new fiscal year with new Visa Quota however small EB3I may be - are there still that many 2000-2001 applications pre-adjudicated in the system waiting for a visa that they had to roll it back ?
apnair2002
05-06 09:35 AM
http://www.baltimoresun.com/news/nationworld/bal-te.immig06may06,0,3245994.story?coll=bal-nationworld-headlines
more...
royus77
06-22 03:40 PM
its not just this employer, many f____ employers have same issue they dont want to file 485 and atleast they are trying to delay the process as much as possible. They are fearing that the employees on L visas will have an oppurtunity to switch company if they get their GCs sooner.
Its our fate
L visas are a real problem as Employer can send you back and replace you even after filing 485 .Sweat talk is the only option for them.H1s are some what better atleast they can move to a different employer
Its our fate
L visas are a real problem as Employer can send you back and replace you even after filing 485 .Sweat talk is the only option for them.H1s are some what better atleast they can move to a different employer
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simple1
05-04 10:39 PM
22CFR 42.32 is not INA.
22CFR 42.32 is not the law.
INA is the law.
See the post of "vbkris77".
The specific law is at: 22CFR 42.32
(http://edocket.access.gpo.gov/cfr_2007/aprqtr/pdf/22cfr42.32.pdf)
And it specifically states that the derivative is entitled to same "classification".
=======
(2) Entitlement to derivative status.
.......is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.
=======
22CFR 42.32 is not the law.
INA is the law.
See the post of "vbkris77".
The specific law is at: 22CFR 42.32
(http://edocket.access.gpo.gov/cfr_2007/aprqtr/pdf/22cfr42.32.pdf)
And it specifically states that the derivative is entitled to same "classification".
=======
(2) Entitlement to derivative status.
.......is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.
=======
more...
Suva
03-25 05:52 PM
My PD is Dec 2004. I am hoping in 2010.
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srikondoji
06-20 06:36 AM
Good that we did not put all our eggs in one basket.
Can anybody enlighten our forum about what our approach will be in case CIR dies?
Can anybody enlighten our forum about what our approach will be in case CIR dies?
more...
archanais
07-04 09:48 PM
When I joined Company X (prior employer) I paid for H1b transfer fee and h1b renewal fee(total $3200 + $3000).
They agreed to sponsor my green card(just to give required paperwork) and they asked me to pay GC cost, So far I have paid $1500 for labor +$1700 advertisement + $1700 for I-140 + $3750 just now to file I-485 for me and for my spouse as dates were current to my lawyer . I have labor and I-140 approved from Company X.
I was compromising my personal life by staying away from my family and company X didn't find any client near to my home. I decided to stay at home hoping Company X will find some client near to my home. I was on a bench(no salary for a month).When I asked for a "employment letter "to file I-485 Comapny X said they can't give because they are
not paying me , I said I will resign and then you give me "future employement letter". I resiged Company X( i found company Y near to my home), in 10 days they cancelled my H1b visa without informing me, gladly I found Company Y and H1b transfer took place before they could cancel my H1b. Company X is reluctant even today to give future emplyement
letter.They are ready to do corp-to-corp, for that I have to pay them H1b tranfer cost of $3200(as my prior h1b got cancelled by company X) . I don't beleive its worth going back to them , but at the same time never wanted to lose $8650 green card cost. To join Company Y again I paid h1b transfer fee and , company Y expects me to pay Green card cost again. I am on 7th year extension. New H1b is valid till 2010(3 yr extension on I-140 approval from company X).
Shall I start green card again with company Y ?
Company X doesn't respond to emails/calls. There should some law to protect us from such employers. BTW Employer X was an american employer and wants to follow book-rules.Example .. informing USCIS to windraw H1b petition.
They agreed to sponsor my green card(just to give required paperwork) and they asked me to pay GC cost, So far I have paid $1500 for labor +$1700 advertisement + $1700 for I-140 + $3750 just now to file I-485 for me and for my spouse as dates were current to my lawyer . I have labor and I-140 approved from Company X.
I was compromising my personal life by staying away from my family and company X didn't find any client near to my home. I decided to stay at home hoping Company X will find some client near to my home. I was on a bench(no salary for a month).When I asked for a "employment letter "to file I-485 Comapny X said they can't give because they are
not paying me , I said I will resign and then you give me "future employement letter". I resiged Company X( i found company Y near to my home), in 10 days they cancelled my H1b visa without informing me, gladly I found Company Y and H1b transfer took place before they could cancel my H1b. Company X is reluctant even today to give future emplyement
letter.They are ready to do corp-to-corp, for that I have to pay them H1b tranfer cost of $3200(as my prior h1b got cancelled by company X) . I don't beleive its worth going back to them , but at the same time never wanted to lose $8650 green card cost. To join Company Y again I paid h1b transfer fee and , company Y expects me to pay Green card cost again. I am on 7th year extension. New H1b is valid till 2010(3 yr extension on I-140 approval from company X).
Shall I start green card again with company Y ?
Company X doesn't respond to emails/calls. There should some law to protect us from such employers. BTW Employer X was an american employer and wants to follow book-rules.Example .. informing USCIS to windraw H1b petition.
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blacktongue
11-18 01:37 PM
I also suggest partnering up with Reform Immigration For America as they have large numbers of supporters as well. I urge core IV members to contact them as time is short for us
.. confirming that I have sent the faxes for myself and for whole family
I went on website and see IV is their partner
Reform Immigration For America
Organizations � Reform Immigration For America (http://reformimmigrationforamerica.org/blog/about/organizations/)
A lot of big organizations there in list.
.. confirming that I have sent the faxes for myself and for whole family
I went on website and see IV is their partner
Reform Immigration For America
Organizations � Reform Immigration For America (http://reformimmigrationforamerica.org/blog/about/organizations/)
A lot of big organizations there in list.
more...
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mirage
03-08 04:23 PM
You are in this society for 35 years, so I'm not sure what's your objective of being on this forum...Anyway about your observation on Visa spill over, what you are saying is 180 different tha what other lawyers are saying, they are saying until 2007 DOS was reading the law differently so India was getting the spillover Visas, now they have started reading it differently hence India is not getting more than 7% Visas now, it is very obvious, from EB-3 India being in Oct-2001 for last 2 years, and EB-2 haven't seen any substantial movement either....Also you seems to be straying from the original intent of the thread...Very well written. I can tell you through my observations of living in this society for 35 years:
.
.
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test101
08-13 02:25 PM
EB3 nepa
I do doubt it. The USCIS is still under the threat of being sued. i do no think they want to do that. however i wonder about the reason of slow processing!
I do doubt it. The USCIS is still under the threat of being sued. i do no think they want to do that. however i wonder about the reason of slow processing!
more...
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jthomas
12-15 11:24 PM
I had been in US for 6 years and has a PD of October 2006, that means i have to wait a long time to get my GC. but i got my back up plans prepared. It tends to irriate me but the only way to solve is to get involved in some kind of activity. I would suggest get involved in IV. Atleast you will feel much better that you are helping a community that lead you to get your GC soon.
Days will pass soon. In fact your PD is 2001. not like many others 2006 and 2007
Days will pass soon. In fact your PD is 2001. not like many others 2006 and 2007
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cleopatra
02-14 07:27 AM
Donated $100 for the event.
more...
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kumar1
06-26 12:14 PM
You stole words from my mouth. Do not tell them that you have EAD.
The trick is to say that you have unrestricted work authorization, i.e., can work for any employer without needing additional sponsorship. Stating that you have an EAD may be confusing to some and they may just take the easy way out by not pursuing further, or, wilfully rejecting to avoid any kind of complications later on that could jeopardize the specific project by suddennly being unable to work.
The trick is to say that you have unrestricted work authorization, i.e., can work for any employer without needing additional sponsorship. Stating that you have an EAD may be confusing to some and they may just take the easy way out by not pursuing further, or, wilfully rejecting to avoid any kind of complications later on that could jeopardize the specific project by suddennly being unable to work.
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delhiguy
07-07 08:33 AM
There is no wrong doing by DOS by changing the VB, but the timing is wrong. They should have changed it as soon as they released it or else atleast by 25th or 26th to prevent some damage.
Totally agree.. Can you tell which law has been broken by them.
They didnt break a single law.
USCIS broke a law last month by not accepting the EB3 Other workers, even when the bulletin said that the numbers were avaible.
But this time , they just did something morally wrong ( that 2 i am not sure, based upon what i have read so far, which are more or less speculations)
DOS updated the bulletin , for which they have full legal rights,
and USCIS just follwed it, No Law was broken,atleast i cant see, which law was broken.
If you go for a lawsuit , you would get those damages back, but as i said USCIS being a fees funded organisation, its will come back to you.
Totally agree.. Can you tell which law has been broken by them.
They didnt break a single law.
USCIS broke a law last month by not accepting the EB3 Other workers, even when the bulletin said that the numbers were avaible.
But this time , they just did something morally wrong ( that 2 i am not sure, based upon what i have read so far, which are more or less speculations)
DOS updated the bulletin , for which they have full legal rights,
and USCIS just follwed it, No Law was broken,atleast i cant see, which law was broken.
If you go for a lawsuit , you would get those damages back, but as i said USCIS being a fees funded organisation, its will come back to you.
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GCStatus
09-16 06:00 PM
Guys
We are doing this to help everyone. Especially, those whose PD is still current as per September VB, if you act with in next 5-10 days, you have a chance. if you can individually file a law suit when your PD is current.Since my guess is, the lawsuit we are working on in this thread, will take some time to shape up. But this is a Biggie, we want to create a big impact. Meanwhile, folks who are out there waiting since 2001,2002.... you can follow the links that i pasted in my previous message. People have won lawsuit very similar to the one we are talking about. I can even paste some of the I-485 lawsuits filed because of unreasonable and unnecessary delays, when PD is current.
Here you go
http://boards.immigration.com/showpost.php?p=1876734&postcount=15992
http://boards.immigration.com/attachment.php?attachmentid=17596&d=1221222486
This is for the non-believers like Mr.Lord
We are doing this to help everyone. Especially, those whose PD is still current as per September VB, if you act with in next 5-10 days, you have a chance. if you can individually file a law suit when your PD is current.Since my guess is, the lawsuit we are working on in this thread, will take some time to shape up. But this is a Biggie, we want to create a big impact. Meanwhile, folks who are out there waiting since 2001,2002.... you can follow the links that i pasted in my previous message. People have won lawsuit very similar to the one we are talking about. I can even paste some of the I-485 lawsuits filed because of unreasonable and unnecessary delays, when PD is current.
Here you go
http://boards.immigration.com/showpost.php?p=1876734&postcount=15992
http://boards.immigration.com/attachment.php?attachmentid=17596&d=1221222486
This is for the non-believers like Mr.Lord
Roger Binny
05-09 07:45 PM
On what basis the law suite will be ? i guess they we are not entitled to get GC's, its a privilege but not a right, i agree this whole GC crap is costing our families in all forms, but still, the idea of law suit doesn't have merit.
Anything to do with EB immigration i mean even if administration is convinced to do some thing +ve, financial market and job market has to continue with +ve development atleast for few months, other wise there will be heck of outcry by the natives.
Mean while, best thing is some one coming out with unused visa numbers math to claim them plus some convincing arguments about encouraging or supporting legal immigration, because all these EB immigrants here are paying taxes atleast half a decade to decade long and living legally as well helping america continue as a leader in technology.
Rally's raising mexican flags costed them a lot by getting plenty of -ve attention even from immigation moderates, than doing any favor. Going squarely against them by using their own law will give a powerful tool to simply crush us in a different way,whichever country we may live in, it is never a right idea.
Any big initiatives during the financial turmoil simply wont yeild any positive result, this may be just a common sense,as well it is also understandable that no sensible politician will be willing to help immigrants(foreigners),by poking their own people in wrong way when the unemployment is close to historic range.
Yes i'm living in this country for almost a decade and waiting in EB3 queue, this retrogession is nothing different than not getting GC when the dates were current, both are same, only difference is we wont hope when it is purely retrogressed, end result is same.
Sorry for my poor english.
Anything to do with EB immigration i mean even if administration is convinced to do some thing +ve, financial market and job market has to continue with +ve development atleast for few months, other wise there will be heck of outcry by the natives.
Mean while, best thing is some one coming out with unused visa numbers math to claim them plus some convincing arguments about encouraging or supporting legal immigration, because all these EB immigrants here are paying taxes atleast half a decade to decade long and living legally as well helping america continue as a leader in technology.
Rally's raising mexican flags costed them a lot by getting plenty of -ve attention even from immigation moderates, than doing any favor. Going squarely against them by using their own law will give a powerful tool to simply crush us in a different way,whichever country we may live in, it is never a right idea.
Any big initiatives during the financial turmoil simply wont yeild any positive result, this may be just a common sense,as well it is also understandable that no sensible politician will be willing to help immigrants(foreigners),by poking their own people in wrong way when the unemployment is close to historic range.
Yes i'm living in this country for almost a decade and waiting in EB3 queue, this retrogession is nothing different than not getting GC when the dates were current, both are same, only difference is we wont hope when it is purely retrogressed, end result is same.
Sorry for my poor english.
sanju
02-27 09:24 PM
ok suri, while you work 30 hours and make money for yourself, let me take your burden and share my research with you. Here is what you have to do to see the result -
Goto -
http://soprweb.senate.gov/index.cfm?event=selectfields
- check box for client name
- click 'submit' button
- enter 'Immigration Voice' in the client name
- click 'submit' button
Now you see the amount spent by IV for lobbying in the Senate documents. Please do the total and let me know how much is that amount. I am not "highly skilled" like you, so I can't calculate?
Do you know anyone who spent 1/2 million on lobbying for our issues. Maybe your friends have spent that money.
.
Folks,
Its good to see this thread is still active. I just came home after 30 hrs non-stop work due to our product launch. I did go through quickly on all the posts after my post and I really didnt get the point I was looking for. I will respond to each of you tomorrow in one post.
The response I see for any type of campaign in the form of contributions is pathetic, based on the number of people waiting and those who are active. We will go nowhere, but this must change, and we will help.
I will now have to sleep for 5 hrs and then go back.
Thanks,
Goto -
http://soprweb.senate.gov/index.cfm?event=selectfields
- check box for client name
- click 'submit' button
- enter 'Immigration Voice' in the client name
- click 'submit' button
Now you see the amount spent by IV for lobbying in the Senate documents. Please do the total and let me know how much is that amount. I am not "highly skilled" like you, so I can't calculate?
Do you know anyone who spent 1/2 million on lobbying for our issues. Maybe your friends have spent that money.
.
Folks,
Its good to see this thread is still active. I just came home after 30 hrs non-stop work due to our product launch. I did go through quickly on all the posts after my post and I really didnt get the point I was looking for. I will respond to each of you tomorrow in one post.
The response I see for any type of campaign in the form of contributions is pathetic, based on the number of people waiting and those who are active. We will go nowhere, but this must change, and we will help.
I will now have to sleep for 5 hrs and then go back.
Thanks,
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