asharda
07-06 11:00 AM
My brothers in blood, please calm down… Mahatma Gandhi had his own way of fighting for freedom and so did Subhash Chandra Bose. They must have agreed and disagreed with each other on many things. But at the end of day, their motive was the same “Justice and Freedom”.
We might have our differences, our opinions and ways of doing things, but we need to understand that our motive is the same. We should stop bickering with each other and concentrate on the main goal. We should keep encouraging our members to join hands and unite and fight for the cause.
Though you might not agree with each other, you still need to see how severely the issue must have affected the other person which is why they are here and ready to fight.
Please pull your (s)words to fight the injustice rather than fight with each other.
PEACE!
We might have our differences, our opinions and ways of doing things, but we need to understand that our motive is the same. We should stop bickering with each other and concentrate on the main goal. We should keep encouraging our members to join hands and unite and fight for the cause.
Though you might not agree with each other, you still need to see how severely the issue must have affected the other person which is why they are here and ready to fight.
Please pull your (s)words to fight the injustice rather than fight with each other.
PEACE!
desi3933
09-15 04:30 PM
That memo/document you pointed out is an interpretation. We have already said that USCIS's interpretation is incorrect. We intend to correct this interpretation with this lawsuit.
Infact, it would be wrong to call this a lawsuit.
We are aiming for an injunction (or a stay order) in step 1 of the lawsuit that would prevent USCIS from working on any interfiling/PD porting requests.
If the injunction is with retroactive effect, all the EBs (not just EB3) who have ported their PDs will have their cases frozen. USCIS would not be able to work on them.
The remainder of the lawsuit can take its sweet time... the injunction should serve the primary cause.
Best of luck for your efforts for injunction order. BTW, How many, in past, such injunction orders have been issued against USCIS? That too, with retroactive effect!! That should give an idea how feasible this is.
Just because you believe in something is NOT same as proving that in a court of law with legal basis and damages caused. You have to show both things - legal basis as well as damages caused to you.
Good Luck again.
_____________________________________
Proud Indian-American and Legal Immigrant
Infact, it would be wrong to call this a lawsuit.
We are aiming for an injunction (or a stay order) in step 1 of the lawsuit that would prevent USCIS from working on any interfiling/PD porting requests.
If the injunction is with retroactive effect, all the EBs (not just EB3) who have ported their PDs will have their cases frozen. USCIS would not be able to work on them.
The remainder of the lawsuit can take its sweet time... the injunction should serve the primary cause.
Best of luck for your efforts for injunction order. BTW, How many, in past, such injunction orders have been issued against USCIS? That too, with retroactive effect!! That should give an idea how feasible this is.
Just because you believe in something is NOT same as proving that in a court of law with legal basis and damages caused. You have to show both things - legal basis as well as damages caused to you.
Good Luck again.
_____________________________________
Proud Indian-American and Legal Immigrant
Green.Tech
09-14 03:45 PM
Well ...well ..well.... All this opposition tells me that I am on the right track along with all the people who support this cause.
Infact, we had seen similar opposition when we spoke against labor substitution in 2004 on immigrationcom website.
But labor substitution was stopped and DOL is currently auditing/investigating so many who used it. If you used labor substitution, you mostly should find that your I-140 is not getting adjudicated these days.
Interfiling while being the same company is totally illegal. Its tantamounts to fabricating the job requirements or asking you HR to "create a job position".
I whole heartedly support all EB3s who were qualified for EB2 when they filed their EB3 and we will keep this clause in mind when preparing the lawsuit.
Rest.. good luck.. you might even get your I-140 (or GC) approved based on PD porting ... but we will make sure that you get investigated eventually and the "incorrect decision" overturned.
gctest,
I respectfully disagree with your comment on "Interfiling while being the same company is totally illegal". What if the person is moving up to a senior position in the company where the job requirements have changed substantially (more than 50%). Why in that case is he/she not eligible to port his earlier pd?
I honestly think that we should worry less about these issues and channel all our energy to fight for a common cause - 'end of retrogression' via legislative changes. In the long run, EB1 vs EB2 or EB2 vs EB3 or EB-I vs EB-ROW will not matter, things will eventually even out!
Infact, we had seen similar opposition when we spoke against labor substitution in 2004 on immigrationcom website.
But labor substitution was stopped and DOL is currently auditing/investigating so many who used it. If you used labor substitution, you mostly should find that your I-140 is not getting adjudicated these days.
Interfiling while being the same company is totally illegal. Its tantamounts to fabricating the job requirements or asking you HR to "create a job position".
I whole heartedly support all EB3s who were qualified for EB2 when they filed their EB3 and we will keep this clause in mind when preparing the lawsuit.
Rest.. good luck.. you might even get your I-140 (or GC) approved based on PD porting ... but we will make sure that you get investigated eventually and the "incorrect decision" overturned.
gctest,
I respectfully disagree with your comment on "Interfiling while being the same company is totally illegal". What if the person is moving up to a senior position in the company where the job requirements have changed substantially (more than 50%). Why in that case is he/she not eligible to port his earlier pd?
I honestly think that we should worry less about these issues and channel all our energy to fight for a common cause - 'end of retrogression' via legislative changes. In the long run, EB1 vs EB2 or EB2 vs EB3 or EB-I vs EB-ROW will not matter, things will eventually even out!
ragz4u
03-08 02:05 PM
He has asked the absent senators via staffers that if they do not want to come to hearings, they can leave this committee and let others take their place. Apparently they need atleast one democrat to proceed.
He is waiting for atleast one more senator to turn up before 3.15 pm else hearing will be adjourned
Senator Cornyn is offering a new amendment now (#6107 ) illegal aliens convicted in felony cannot file for petition for spouse...again this is not related to us
He is waiting for atleast one more senator to turn up before 3.15 pm else hearing will be adjourned
Senator Cornyn is offering a new amendment now (#6107 ) illegal aliens convicted in felony cannot file for petition for spouse...again this is not related to us
more...
rp0lol
07-11 11:59 AM
I read this in another thread... May be USCIS wants to collect more money for EAD renewals by moving eb2 date and issuing 1yr approval.
===========================
Will applicants get a two-year EAD when they file an I-765 with their I-485 adjustment of status application?
Generally no. Initial EAD filings will generally receive an EAD that is valid for one- year because they are usually submitted with the Form I-485 that can only be filed when there is an immigrant visa number immediately available to the individual. Applicants are only eligible for a two-year EAD if their immigrant visa availability date retrogresses (i.e., when actual demand for visa numbers exceeds forecasted supply) after the Form I-485 is filed. If an immigrant visa number is available, USCIS will grant the one-year EAD.
How will USCIS decide whether to issue an EAD valid for one or two years?
USCIS will decide whether to renew an EAD for either a one or two-year validity period based on the most recent Department of State Visa Bulletin. If an applicant�s visa number has retrogressed and is unavailable, USCIS may issue a renewal EAD valid for two years. USCIS will continue to issue the EAD in one-year increments when the Department of State Visa Bulletin shows an employment-based preference category is current as a whole or the applicant�s priority date is current.
==================
===========================
Will applicants get a two-year EAD when they file an I-765 with their I-485 adjustment of status application?
Generally no. Initial EAD filings will generally receive an EAD that is valid for one- year because they are usually submitted with the Form I-485 that can only be filed when there is an immigrant visa number immediately available to the individual. Applicants are only eligible for a two-year EAD if their immigrant visa availability date retrogresses (i.e., when actual demand for visa numbers exceeds forecasted supply) after the Form I-485 is filed. If an immigrant visa number is available, USCIS will grant the one-year EAD.
How will USCIS decide whether to issue an EAD valid for one or two years?
USCIS will decide whether to renew an EAD for either a one or two-year validity period based on the most recent Department of State Visa Bulletin. If an applicant�s visa number has retrogressed and is unavailable, USCIS may issue a renewal EAD valid for two years. USCIS will continue to issue the EAD in one-year increments when the Department of State Visa Bulletin shows an employment-based preference category is current as a whole or the applicant�s priority date is current.
==================
leoindiano
07-11 10:56 AM
Just did some stats on , did only for texas service center
It appears that Notice Date is immaterial. As long as your PD is current.
So, you dont need to worry, if your notice date is Oct 2007 and TX processing date still shows July 17th. They are approving the cases as long as your PD is current in PD order which makes sense.
I see a case with Nov 12 2007 ND and PD of dec 2002 is approved.
Dont expect any LUD's either, Only suprise email matters....welcome to america, card production ordered.....:D
It appears that Notice Date is immaterial. As long as your PD is current.
So, you dont need to worry, if your notice date is Oct 2007 and TX processing date still shows July 17th. They are approving the cases as long as your PD is current in PD order which makes sense.
I see a case with Nov 12 2007 ND and PD of dec 2002 is approved.
Dont expect any LUD's either, Only suprise email matters....welcome to america, card production ordered.....:D
more...
chocolate
06-05 09:04 AM
If this bill pass without our provisions in it lot of us will be doomed!!
If the bill passes then obviously they have to look into people who are stuck in labor in BECs right. Look at the labor substitution elimination rule it will go into effect from July 15 and its still 1 1/2 months. Also it gives relief to people who havent applied next stages although labor approved and whose labor is to approve.
If the bill passes then obviously they have to look into people who are stuck in labor in BECs right. Look at the labor substitution elimination rule it will go into effect from July 15 and its still 1 1/2 months. Also it gives relief to people who havent applied next stages although labor approved and whose labor is to approve.
amitkhare77
11-08 04:25 PM
My company filed labor application on 13th September 2010 and it was approved on 2nd November 2010. Now getting ready for I-140. I thought I will share this info with the forum
more...
WAIT_FOR_EVER_GC
09-01 03:21 PM
Landed in January' 2000
1st Labor Filed in Sept'2001
State approved and project over so had to to move over
2nd Labor filed in Jan'2003 with Company B
Attorney screwed it
3rd Labor filed in Jun'2007
Missed July 2007 fiasco
New date EB3 - Jun'2007
Sorry to say but your are in deep shit if it goes the way it is going. If let say Eb3 moves 1 year every 3 years. You have 18 years to wait.
Please upgrade to Eb2.
1st Labor Filed in Sept'2001
State approved and project over so had to to move over
2nd Labor filed in Jan'2003 with Company B
Attorney screwed it
3rd Labor filed in Jun'2007
Missed July 2007 fiasco
New date EB3 - Jun'2007
Sorry to say but your are in deep shit if it goes the way it is going. If let say Eb3 moves 1 year every 3 years. You have 18 years to wait.
Please upgrade to Eb2.
Ramba
10-01 05:37 PM
I think there will not much visa numbers unused. If at all, it may be in few hundreds. We are thinking our point of view, even wasting one visa number is ridiculus based on number peoples are waiting. However, the INA states that every year "not more than 140,000 EB visas should be issued".It sets only upper limit not the lower limit. Therefore DOS has be more vigilant in not exceding 140K. By doing so, there may be a few wastage of numbers. If they issue 120K instead of 140K, it is not the violation of law. Insted if they issue 141K it is vialotion of law.
However, if the wastage is more than few hundreds it is definitly not acceptable.
However, if the wastage is more than few hundreds it is definitly not acceptable.
more...
vaishnavilakshmi
08-07 12:29 PM
I still see it as 7/112007 !!! Am I missing something :o
Hi,
No,it is edited now.go thru the link once again and see.It is edited to 7/1/2007.
http://www.uscis.gov/files/pressrelease/ReceiptingTimes080307.pdf
vaishu
Hi,
No,it is edited now.go thru the link once again and see.It is edited to 7/1/2007.
http://www.uscis.gov/files/pressrelease/ReceiptingTimes080307.pdf
vaishu
ps57002
07-22 12:48 PM
can people also give idea how long/when u got the certified hard copy of approval esp if from atlanta
more...
mayitbesoon
01-22 11:42 AM
does anyone know the timeframe of receipt date being processed for I-140 at TSC?
pcs
07-05 03:13 PM
Keep it up !!!!!!!!
more...
arnab221
06-20 10:50 AM
My employer is a big wall street investment bank, and they have filed my PERM on May 14th.
The trend for PERM certification at Atlanta, as per my employer is between 90-120 days. Because they handled so many PERM cases at Atlanta, they know this trend.
Nothing muck we can do here. Just pray and hope for the best.
PRAYING WILL NOT HELP : God and the US helps those who help themselves . :D
The trend for PERM certification at Atlanta, as per my employer is between 90-120 days. Because they handled so many PERM cases at Atlanta, they know this trend.
Nothing muck we can do here. Just pray and hope for the best.
PRAYING WILL NOT HELP : God and the US helps those who help themselves . :D
alterego
01-08 10:01 PM
The only harsh thing he said was that Indian education was awful. Everything else he said was extremely positive especially when he talked about the amazing progress India is making. I think he said that because he was saying that India is racing ahead and Indians are very successful entrepreneurs. (I am not sure).
I clicked on the link section under the video and found the slides that go with this. I have no idea what this website is or what NGA is, but here is where you can download the slides -- http://innovationandprosperity.pbwiki.com/innovationandprosperityMonday
He has many interesting slides on immigration and seems to be fighting for our cause.
So if you want to get nationalistic and get upset over silly things go ahead!!!
I wish I could go to Duke University or Harvard. I could not get admission or afford it if I did.
If you are objective, can you argue that much of the 350K engineers graduated in India are not up to par. No offense to the graduates, however the schools are often just not up to par. Much of this graduation is private for profit colleges, frequently owned by a few investors or families.
US Engineering colleges are much better accredited in my view.
That said however, India being a much larger country (population wise) there are probably more than 70K good quality engineering grads. coming out of India annually.
I clicked on the link section under the video and found the slides that go with this. I have no idea what this website is or what NGA is, but here is where you can download the slides -- http://innovationandprosperity.pbwiki.com/innovationandprosperityMonday
He has many interesting slides on immigration and seems to be fighting for our cause.
So if you want to get nationalistic and get upset over silly things go ahead!!!
I wish I could go to Duke University or Harvard. I could not get admission or afford it if I did.
If you are objective, can you argue that much of the 350K engineers graduated in India are not up to par. No offense to the graduates, however the schools are often just not up to par. Much of this graduation is private for profit colleges, frequently owned by a few investors or families.
US Engineering colleges are much better accredited in my view.
That said however, India being a much larger country (population wise) there are probably more than 70K good quality engineering grads. coming out of India annually.
more...
kalyan
06-11 08:22 AM
Particularly elimination of LC substitution and elimination of concurrent 140 & 485 are good things to come in the forseeable future.
Also, another Damn thing that INS should do, check the PayStubs and W2 forms for all the people and should check with IRS on that to eliminate the another class of people who are just faking about everything, everything and becoming liable on this GC and creating a freaking mess and becoming example or providing direction to lot many others following their model.
If this stops, yes, our waiting times decrease. I can say one, Our own Indian mentality is causing Quueues in this process
We need to change.
Also, another Damn thing that INS should do, check the PayStubs and W2 forms for all the people and should check with IRS on that to eliminate the another class of people who are just faking about everything, everything and becoming liable on this GC and creating a freaking mess and becoming example or providing direction to lot many others following their model.
If this stops, yes, our waiting times decrease. I can say one, Our own Indian mentality is causing Quueues in this process
We need to change.
mrdelhiite
06-21 01:50 PM
I am just hoping we do not mis the July Bus :cool:
Worrying not gona give us anything. Were u worried 3 months back when the PD was 2003 something ... if we are lucky we will get it this time if not we will get the PD next time. Have faith and don’t loose ur sleep over it.
-M
PS: not trying to offend you in any way. I am in same boat as u are my labor was filed on 23rd ... one month after a friend who filed in jan and already has his labor and I140 approved...
Worrying not gona give us anything. Were u worried 3 months back when the PD was 2003 something ... if we are lucky we will get it this time if not we will get the PD next time. Have faith and don’t loose ur sleep over it.
-M
PS: not trying to offend you in any way. I am in same boat as u are my labor was filed on 23rd ... one month after a friend who filed in jan and already has his labor and I140 approved...
dewdrop
07-19 02:09 AM
Somehow i still think PD will be important.People are wondering how they are gonna pull out earlier pd's from the thousands that will pour in.Well,while entering the file into the system,they have to enter all this data right,in order to issue receipts.Surely they have a way of sorting the whole file by PD,becoz they know that after the retrogression,as and when visa numbers become available,they can just haul out the files by PD and see if security checks and fp are done!!In this case RD's are useless,except for EAD's and AP's or maybe to sort out the apps among the current dates itself!!!!If so,they can allot a number and we see the green!!!I'm sure i am missing out some key plot point here...but i wish the processing was as simple as the above!!!
Pallavi79
09-14 01:20 AM
stop fighting just for yourself. fight for the community and get your GC on the way.
chanduv23
02-24 01:17 PM
Dont assume that people who gone back to India and working a manager are living happily without any issues.
One of my friends whome I used to work in 2005 was promoted to manager in 2007. Now he is in a dilemma whether to continue to go up the ladder or come back doing technical stuff. Salary wise he is not getting that much and he doesnt know how the company will do infuture. It all depends on US economy. If you are looking for 18L above salary, then it is very very tough to get a job in india.
That is right. Every place has its problems. And when you are an employee - u r ONLY an employee no matter what. To come up in life or to grow, the onus is on you. It is you who choose what you want to be. If you want to return to your home country, the choice is yours and you must do it wholeheartedly, use your US experience and do something there. The world is full of options and you can chose what you want and percieve.
Navigating the system in India is not as easy as people think - u will have to tackle crocodiles and sharks for your so called dream job.
One of my friends whome I used to work in 2005 was promoted to manager in 2007. Now he is in a dilemma whether to continue to go up the ladder or come back doing technical stuff. Salary wise he is not getting that much and he doesnt know how the company will do infuture. It all depends on US economy. If you are looking for 18L above salary, then it is very very tough to get a job in india.
That is right. Every place has its problems. And when you are an employee - u r ONLY an employee no matter what. To come up in life or to grow, the onus is on you. It is you who choose what you want to be. If you want to return to your home country, the choice is yours and you must do it wholeheartedly, use your US experience and do something there. The world is full of options and you can chose what you want and percieve.
Navigating the system in India is not as easy as people think - u will have to tackle crocodiles and sharks for your so called dream job.
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