Sachin_Stock
09-23 04:43 PM
If someone ports from eb3 to eb2 they should get the priority date of the day they were eligible to file an eb2 and not be able to carry the date from eb3.
Porting makes sense in a family based visa where your petitioner can file for an application while he is still a green card holder and then becomes a citizen which upgrades the beneficiary's category as well.
On an employment visa you file for an eb3 when you are eligible for an eb3 job, you file for an eb2 when you are eligible for an eb2 job. Why would you be able to jump ahead in the eb2 line when you were clearly did not have an eb2 job ? Just because you filed an application at some point of time in eb3 and waited a decade to get a better job doesn't mean someone else has to pay for your (pick one - laziness, ineptitude, lack of skill or lack of knowledge).
Most of IV Core is made of eb3 applicants and therefore there has never been any push from the core on this matter. And as someone said .. You ARE eating my lunch..
Thats YOUR perception, and its totally inaccurate. When xyz had his Eb-3 140 approved, by definition he was OK'd to be immigrant. Now that date belongs to him and if he has gained sufficient expertise/skill level for him to promote to Eb-2 I-140, the transfer of dates is obvious. On the contrary he deserves to be ahead in line because he had already filed Eb-3 way ahead in advance. Calling him an unskilled, inept, or lazy proves him otherwise.
Porting makes sense in a family based visa where your petitioner can file for an application while he is still a green card holder and then becomes a citizen which upgrades the beneficiary's category as well.
On an employment visa you file for an eb3 when you are eligible for an eb3 job, you file for an eb2 when you are eligible for an eb2 job. Why would you be able to jump ahead in the eb2 line when you were clearly did not have an eb2 job ? Just because you filed an application at some point of time in eb3 and waited a decade to get a better job doesn't mean someone else has to pay for your (pick one - laziness, ineptitude, lack of skill or lack of knowledge).
Most of IV Core is made of eb3 applicants and therefore there has never been any push from the core on this matter. And as someone said .. You ARE eating my lunch..
Thats YOUR perception, and its totally inaccurate. When xyz had his Eb-3 140 approved, by definition he was OK'd to be immigrant. Now that date belongs to him and if he has gained sufficient expertise/skill level for him to promote to Eb-2 I-140, the transfer of dates is obvious. On the contrary he deserves to be ahead in line because he had already filed Eb-3 way ahead in advance. Calling him an unskilled, inept, or lazy proves him otherwise.
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desi3933
07-10 03:32 PM
Agreed that H-1B has a fixed date. But from the employer standpoint, you're their "full-time, permanent" employee on H-1B, right?
Now you have come down from legal standpoint to employer standpoint! :D
The answer to your question is No.
Employer sponsors GC so that employee that is temporarily employed on H-1B can become permanently employed on GC job.
Again, you are mixing H-1B job with GC job.
Let me ask that question again (because you got confused last time)
Look at the I-140 application for GC (Page 2, Part 6, Question 5)
http://www.uscis.gov/files/form/i-140.pdf
I wonder why uscis is asking "Is this a permanent position?", if according to you, "*no* job in this country is "permanent" (legally speaking)"
Did your attorney put No for this question for your I-140 app?
You still believe that no job is permanent. If so, all I can say, more power to you.
Have a good day!
_______________________
US citizen of Indian origin
Now you have come down from legal standpoint to employer standpoint! :D
The answer to your question is No.
Employer sponsors GC so that employee that is temporarily employed on H-1B can become permanently employed on GC job.
Again, you are mixing H-1B job with GC job.
Let me ask that question again (because you got confused last time)
Look at the I-140 application for GC (Page 2, Part 6, Question 5)
http://www.uscis.gov/files/form/i-140.pdf
I wonder why uscis is asking "Is this a permanent position?", if according to you, "*no* job in this country is "permanent" (legally speaking)"
Did your attorney put No for this question for your I-140 app?
You still believe that no job is permanent. If so, all I can say, more power to you.
Have a good day!
_______________________
US citizen of Indian origin
ub27
07-29 08:53 AM
Recieved an email just now. Status was updated to card production ordered.
Paper filed at TSC on May 22, 2008
Service center: TSC
Last LUD on July 25 (Previous update was on May 25)
Current status: Card production ordered.
Waiting till I get the card .........
Just got an e-mail telling my approval notice for EAD was mailed:
Paper filed at TSC on May 22
On July 28, 2008, we mailed you a notice that we have approved this I765
Paper filed at TSC on May 22, 2008
Service center: TSC
Last LUD on July 25 (Previous update was on May 25)
Current status: Card production ordered.
Waiting till I get the card .........
Just got an e-mail telling my approval notice for EAD was mailed:
Paper filed at TSC on May 22
On July 28, 2008, we mailed you a notice that we have approved this I765
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guchi472000
04-24 10:24 AM
Pls check the link below.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=2cac37668c779110VgnVCM1000004718190aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=2cac37668c779110VgnVCM1000004718190aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD
more...
english_august
07-10 08:37 AM
DC folks - this is a visual event and if we don't have our own members covering this and are not available to talk to the reporters, it won't have the impact that we are hoping for.
I was just talking to a journalist and he said that it is important to get pictures.
Please it is not too late even now - take extended lunch today and join nixstor in supporting this. Send me a PM and I can give you his contact info.
I was just talking to a journalist and he said that it is important to get pictures.
Please it is not too late even now - take extended lunch today and join nixstor in supporting this. Send me a PM and I can give you his contact info.
ashishgour
09-25 10:54 AM
Case might have got transferred to CSC. I applied on Jul' 23rd and no news yet.
Thanks,
-rk.
Filed on July 23rd at Nebraska.
Got receipt numbers for AOS only. :)
No news on AP,EAD yet.:confused:
Receipt numbers are WAC-XXX-XXXX and case has been transferred
to TSC as my 140 was approved from Texas.
Receipt Date : 18th Sept 07
Notice Date : 20th Sept 07
Thanks,
-rk.
Filed on July 23rd at Nebraska.
Got receipt numbers for AOS only. :)
No news on AP,EAD yet.:confused:
Receipt numbers are WAC-XXX-XXXX and case has been transferred
to TSC as my 140 was approved from Texas.
Receipt Date : 18th Sept 07
Notice Date : 20th Sept 07
more...
surabhi
04-23 05:18 PM
There is moral obligation too. Whenever you hire H-1s make sure most of them have dreams to get GC and settle down. Dont take risks in such a ways their dreams get shattered because of poor business practices. just to hire people dont run in your businesses on losses and in turn force yourself to shut down the business.
I think there is difference of opinion here. Since there is chance here that the thread is frequented by current and would-be employers I will try to articulate once again.
1. H1B is a legitimate business expense. It should be factored in as such by the employers.
2. Same is case with GC. But given the fact tht after I-140 it becomes portable, it is perfectly ethical in my opinon to ask employee to put up the expense.
3. H1B or not, employment is at will in US. USICS granting 3 year H1B does not imply employee is bound for 3 years either in letter or spirit of law.
4. Unless the business produces IPR or the employee is in position to lure away exisitng clientele, non-compete doesnt hold water. Employers should refrain from using non-compete as scare tactic.
5. As a corollary to point #3, having term around employment in lieu of h1b processing is illegal. The point of lost business because of employee left doesnt hold good. Employers can only claim non-compete or non-solicitation if the case is geniune. Lost business because employee left will never be upheld.
6. Unless doing revenue sharing (80-20 etc), it is illegal to withold , not pay wages.
7. If employee requests running payroll while not on project in revenue sharing mode ( see #6 above) it should be on cost to employee including employer contribution of taxes. this is indeed a favor to employee.
8. If business needs to let go an employee and employee wants to continue for immigration reasons, it should be on cost to employee including employer contribution of taxes. this is indeed a favor to employee.
I think there is difference of opinion here. Since there is chance here that the thread is frequented by current and would-be employers I will try to articulate once again.
1. H1B is a legitimate business expense. It should be factored in as such by the employers.
2. Same is case with GC. But given the fact tht after I-140 it becomes portable, it is perfectly ethical in my opinon to ask employee to put up the expense.
3. H1B or not, employment is at will in US. USICS granting 3 year H1B does not imply employee is bound for 3 years either in letter or spirit of law.
4. Unless the business produces IPR or the employee is in position to lure away exisitng clientele, non-compete doesnt hold water. Employers should refrain from using non-compete as scare tactic.
5. As a corollary to point #3, having term around employment in lieu of h1b processing is illegal. The point of lost business because of employee left doesnt hold good. Employers can only claim non-compete or non-solicitation if the case is geniune. Lost business because employee left will never be upheld.
6. Unless doing revenue sharing (80-20 etc), it is illegal to withold , not pay wages.
7. If employee requests running payroll while not on project in revenue sharing mode ( see #6 above) it should be on cost to employee including employer contribution of taxes. this is indeed a favor to employee.
8. If business needs to let go an employee and employee wants to continue for immigration reasons, it should be on cost to employee including employer contribution of taxes. this is indeed a favor to employee.
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ash0210
03-12 09:23 PM
Yes, I am here for around 12 years with no GC and I won't mind if someone interviews me to cover my story, also will submit my story in 'tell your story' thread.Today, I have signed myself in Ohio chapter to meet like-minded souls...
I have some problem on surfing & responding back because our "Big Brother" wathces who is surfing for how much time and also he/administrator did blocked Yahoo/Hotmail & all mail related to website..thats usual story for "Consultant Contractors"...
pls submit your story in 'tell your story' thread if you are interested in being interviewd. we need many compelling stories for media all the time.
INfact a lot of members here have told their stories. All please consider adding them in 'tell your story ' thread.
currently we have an opportunity with a very high profile magazine that wants to do a story. We have been unable to find the right story as per the reporter's need in that thread. ONly a few members have added their story. Pls add your story asap
I have some problem on surfing & responding back because our "Big Brother" wathces who is surfing for how much time and also he/administrator did blocked Yahoo/Hotmail & all mail related to website..thats usual story for "Consultant Contractors"...
pls submit your story in 'tell your story' thread if you are interested in being interviewd. we need many compelling stories for media all the time.
INfact a lot of members here have told their stories. All please consider adding them in 'tell your story ' thread.
currently we have an opportunity with a very high profile magazine that wants to do a story. We have been unable to find the right story as per the reporter's need in that thread. ONly a few members have added their story. Pls add your story asap
more...
joeshmoe
06-05 09:26 AM
Hello!
I am starting this thread for those of us who filed on June 1st. I am curious to see when will USCIS start sending receipt notices back to us.
Cheers,
J.
Note by moderator:
Members can participate in this poll here:
http://immigrationvoice.org/forum/showthread.php?t=6169
I am starting this thread for those of us who filed on June 1st. I am curious to see when will USCIS start sending receipt notices back to us.
Cheers,
J.
Note by moderator:
Members can participate in this poll here:
http://immigrationvoice.org/forum/showthread.php?t=6169
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akred
05-24 02:31 AM
Yes, Microsoft and many other major employers could easily find qualified US students with two years of experience, skills by the way comparable to what the vast majorities of H1B's offer, but Americans who do not need the H1B would give a finger to any employer who would expect that an American would work 80h/week for 55K/year.
Hmm, so one would conclude that immigrants work harder than the natives. What is stopping the natives from working as hard? At the very least the immigrants are keeping natives honest and increasing competitiveness.
You also misunderstand the chief reason why younger employees work long hours. It is because they want to learn and become more productive in the future, so they can make more money, not because their job depends on it.
The illegal aliens are being backed by major employers of cheap labor, such as Wall Mart and many others. Illegals also can put extra long hours and therefore they yield more output for less investiment. That's is the reason that US employers seem to fight so consistently to keep them here.
This may well be true for illegals. In fact it is true for any work that is well understood.
By its very nature high skilled workers are expected to perform leveraged work where there isn't a direct correlation between results achieved and the number of hours worked.
For the naive and dreamers out there who are shaking their heads after reading the above and believe that employers cannot find qualified applicants, so just answer this:
How many million dollars per year are the top management of Fortune 500 companies making? The US is not about drastic wages inequalities. This is about paying a fair salary, otherwise we have increasing salary inequality and this should be renamed then to Mexico, India or something like that.
See my comment above about leveraged work. This applies all the way to the CEO, and is the reason for insane salaries. As for the point about salary inequality, US income equality is better than Mexico's and significantly worse than India's, so there may be something there contributing to angst amongst Americans.
http://en.wikipedia.org/wiki/List_of_countries_by_income_equality
Hmm, so one would conclude that immigrants work harder than the natives. What is stopping the natives from working as hard? At the very least the immigrants are keeping natives honest and increasing competitiveness.
You also misunderstand the chief reason why younger employees work long hours. It is because they want to learn and become more productive in the future, so they can make more money, not because their job depends on it.
The illegal aliens are being backed by major employers of cheap labor, such as Wall Mart and many others. Illegals also can put extra long hours and therefore they yield more output for less investiment. That's is the reason that US employers seem to fight so consistently to keep them here.
This may well be true for illegals. In fact it is true for any work that is well understood.
By its very nature high skilled workers are expected to perform leveraged work where there isn't a direct correlation between results achieved and the number of hours worked.
For the naive and dreamers out there who are shaking their heads after reading the above and believe that employers cannot find qualified applicants, so just answer this:
How many million dollars per year are the top management of Fortune 500 companies making? The US is not about drastic wages inequalities. This is about paying a fair salary, otherwise we have increasing salary inequality and this should be renamed then to Mexico, India or something like that.
See my comment above about leveraged work. This applies all the way to the CEO, and is the reason for insane salaries. As for the point about salary inequality, US income equality is better than Mexico's and significantly worse than India's, so there may be something there contributing to angst amongst Americans.
http://en.wikipedia.org/wiki/List_of_countries_by_income_equality
more...
Rajeev
02-09 05:06 PM
I will mail my $25 contribution tomorrow morning.
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simple1
05-01 04:32 PM
Take this scenario.
Under current "mis categorized quota" setup a EB3 takes 6 years to get GC for entire family. take this following scenario.
So the diff
current primary @ebquota - 6 years minimum
current derivative @ebquota - 6 years minimum
correct primary @ebquota - less than 2 years approx ( one person in place of 3)
correct derivative @fbquota - say 7 years.
The diff will be approx 1 year for the derivative ( 7 years – 6 years ) when they are moved from ebquota to fbquota.
again it cannot be more than 7 years ( 2 years primary GC + 5 years primary USC). the primary will get citizenship in 5 years and sponser the wife with in 2 to 3 months. so the diff cannot be more that a year. for derivative.
Remember this point: this is not change of law. this is the correct interpretation of law).
If it is not today some one will bring it up to CIS very soon.
If you are USC and then you are talking abou the FB2. Not for the GC holder. So will have to wait for years.
Under current "mis categorized quota" setup a EB3 takes 6 years to get GC for entire family. take this following scenario.
So the diff
current primary @ebquota - 6 years minimum
current derivative @ebquota - 6 years minimum
correct primary @ebquota - less than 2 years approx ( one person in place of 3)
correct derivative @fbquota - say 7 years.
The diff will be approx 1 year for the derivative ( 7 years – 6 years ) when they are moved from ebquota to fbquota.
again it cannot be more than 7 years ( 2 years primary GC + 5 years primary USC). the primary will get citizenship in 5 years and sponser the wife with in 2 to 3 months. so the diff cannot be more that a year. for derivative.
Remember this point: this is not change of law. this is the correct interpretation of law).
If it is not today some one will bring it up to CIS very soon.
If you are USC and then you are talking abou the FB2. Not for the GC holder. So will have to wait for years.
more...
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anilsal
11-21 07:10 PM
Hi Mehul, i'm really sorry to hear your situation. I was researching some stuff & since you are from Fiji & with the political unrest in your home country, can you take political asylum since you were kinda forced to leave the country. I mean everyone knows about the coup that took place in your country. below is a link that gives you more information on Political Asylum maybe this would expedite the process for you.
http://trac.syr.edu/immigration/reports/161/
Let me know if i can help you in any other way!!!
thanx
This is another avenue. I do not think it is based on country of birth, I mean Asylum.
http://trac.syr.edu/immigration/reports/161/
Let me know if i can help you in any other way!!!
thanx
This is another avenue. I do not think it is based on country of birth, I mean Asylum.
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gc_chahiye
07-08 12:45 PM
I think what has happened here is that DOS was frustrated with the pace in which USCIS was processing applications. So in order to push them to work faster, they made all categories current. This strategy worked and USCIS approved 60,000 visa in 15 0r 20 or however many days.
Then USCIS communicated with DOS that annual quota has been exhausted and thus DOS published the revised bulletin.
My 2 cents.
but why in 15 days? They had upto Sept 2007 to use up those numbers. So they worked overtime to make sure they dont have to accept new applications. Can they atleast admit to that?
We got screwed by them, and they claim (see the smug look on Condi's face) it was all a matter of course, nothing extraordinary.
Then USCIS communicated with DOS that annual quota has been exhausted and thus DOS published the revised bulletin.
My 2 cents.
but why in 15 days? They had upto Sept 2007 to use up those numbers. So they worked overtime to make sure they dont have to accept new applications. Can they atleast admit to that?
We got screwed by them, and they claim (see the smug look on Condi's face) it was all a matter of course, nothing extraordinary.
more...
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alias
08-18 02:35 PM
This is weird... It does'nt look like you are joking, so are you are indirectly demanding and taunting a Mr anonymous to take some action?
action from which you will benefit directly and is also something which you feel strongly about but will not do anything by yourself? :eek:
I am joking 100%
action from which you will benefit directly and is also something which you feel strongly about but will not do anything by yourself? :eek:
I am joking 100%
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rama2007
11-17 06:52 PM
Done
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glus
06-04 11:11 AM
e-mailed my 2 NY senators with a personal letter explaining the problem in the new immigration bill. Requested changes to be made.
G
G
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googlegc
08-26 12:44 AM
Consulting Company, but does it make a difference? FYI, We attached my client's letter with the application.
Is it for direct employee or consulting company?
Is it for direct employee or consulting company?
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shivaz90
07-05 10:36 AM
Can someone with a paypal account come forward and take over a fund? Anyone with a paypal account can donate any amount using a nickname and we can publish the nickname along with the amount donated on this thread. That way we have accountability and also have a better idea of how many flowers we can send. That person with the paypal account can then order the flowers on Saturday by the latest.
Others, if they want, can send the flowers on their own also.
Just a suggestion... If we can do this, I believe more people will come forward!
Anyone who has donated to IV should be able to do this...
This is a good idea - actually we could send flowers for cheap rates if we order it in bulk. Let me know who's in for this. We can open up a paypal account or use one of our own paypal account and start collecting funds and use it to send the flowers to the USCIS dept.
Any takers?
By the way - since I am in NOVA/DC, I can initiate some media coverage even if we can get some substantial number of people sending flowers.
Others, if they want, can send the flowers on their own also.
Just a suggestion... If we can do this, I believe more people will come forward!
Anyone who has donated to IV should be able to do this...
This is a good idea - actually we could send flowers for cheap rates if we order it in bulk. Let me know who's in for this. We can open up a paypal account or use one of our own paypal account and start collecting funds and use it to send the flowers to the USCIS dept.
Any takers?
By the way - since I am in NOVA/DC, I can initiate some media coverage even if we can get some substantial number of people sending flowers.
sanjeev_2004
10-08 01:15 PM
It already does, if you have an approved I-140 based on your LC.
For old PD, pending I-140 should not be bottleneck.
PD should be first criteria but US experience should not be ignored completely. US experience should be giving less point then PD.
10 points for each month for PD and 1 point for each month for being in US. GC priority should be created after calculating total points for PD and for being in US.
For old PD, pending I-140 should not be bottleneck.
PD should be first criteria but US experience should not be ignored completely. US experience should be giving less point then PD.
10 points for each month for PD and 1 point for each month for being in US. GC priority should be created after calculating total points for PD and for being in US.
aj1234567
10-04 06:16 PM
Hi
Any body got finger print appointment letter who filed on Aug3.
Thanks
AJ
Any body got finger print appointment letter who filed on Aug3.
Thanks
AJ
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