chmur
07-27 06:28 PM
Chmur; I appreciate your post. For the sake of a discussion could you share what is the temporary relief that you are seeking. I am curious to know the details. Is it
1. Revert back to the vertical spillover rule. OR
2. Revert back to vertical spillover rule and after EB3-ROW becomes current split the visas equally between EB2-I and EB3-I OR
3. Keep the horizontal spill over in place but any spill over from EB2 ROW should go equally to EB2-Retro and EB3 (ROW and Retro) category.
Let me offer my answers to the questions above:
1. In this case EB3-I is no better off as EB3ROW and EB2-I has to become current before any excess visas can go to EB3-I.
2. Completely negates the categorization as laid out by law after the initial handout is done equally. Is a hybrid approach where the vertical rule would be enforced so long as EB2 and EB3 (both ROW) are current. But after that a selective interpretation of the vertical rule is sought where EB2-I and EB3-I share it equally. The basis of this selective interpretation appears to be length of wait - nowhere does the INA state that length of wait can be used as a basis for negating categorization of EB category.
3. Is against the law - read my earlier post. Again selectively uses horizontal spill over till EB2 ROW demand is satisfied and then use vertical spill over to share visas between EB2-Retro and EB3 category.
I completely respect your right to lobby for change. However I am a little baffled as to how this change can be sought without changing law. Even if the change is approved, I see a strong possibility of a counter EB2 movement to nullify this change. I would appreciate any details from you anybody else on this. Cheers
None ....
Eb3-I has to explain it's position and request DOS to suggest an alternative method to mitigate the starving under the given laws.
As suggested earlier which requires change in law and which does not is not clear to any of us. DOS itself has had contradictory implementations over the years.
I am baffled that you think anyone of us can actually dictate DOS what to do.
1. Revert back to the vertical spillover rule. OR
2. Revert back to vertical spillover rule and after EB3-ROW becomes current split the visas equally between EB2-I and EB3-I OR
3. Keep the horizontal spill over in place but any spill over from EB2 ROW should go equally to EB2-Retro and EB3 (ROW and Retro) category.
Let me offer my answers to the questions above:
1. In this case EB3-I is no better off as EB3ROW and EB2-I has to become current before any excess visas can go to EB3-I.
2. Completely negates the categorization as laid out by law after the initial handout is done equally. Is a hybrid approach where the vertical rule would be enforced so long as EB2 and EB3 (both ROW) are current. But after that a selective interpretation of the vertical rule is sought where EB2-I and EB3-I share it equally. The basis of this selective interpretation appears to be length of wait - nowhere does the INA state that length of wait can be used as a basis for negating categorization of EB category.
3. Is against the law - read my earlier post. Again selectively uses horizontal spill over till EB2 ROW demand is satisfied and then use vertical spill over to share visas between EB2-Retro and EB3 category.
I completely respect your right to lobby for change. However I am a little baffled as to how this change can be sought without changing law. Even if the change is approved, I see a strong possibility of a counter EB2 movement to nullify this change. I would appreciate any details from you anybody else on this. Cheers
None ....
Eb3-I has to explain it's position and request DOS to suggest an alternative method to mitigate the starving under the given laws.
As suggested earlier which requires change in law and which does not is not clear to any of us. DOS itself has had contradictory implementations over the years.
I am baffled that you think anyone of us can actually dictate DOS what to do.
wallpaper Rupert Grint#39;s Emma Watson
Hopeful567
02-14 01:56 PM
Contributed $ 50 for Advocacy Day in DC. Will contribute another 100 $ in March
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mirage
03-08 11:10 AM
I'm not sure from where you are getting this impression of 'Utopia' ? We are 100% aware about the hostile & non cooperative enviornment around us. But what I'm trying to say is while we are not a favourable enviornment, we could/should still ask for things that may not attract any anti-imm... attention. Why would exepmting a person from country cap, who's been in the wait for 5 years, should see opposition, as far as we are not asking exemption from Visa number. Why should lifting country cap temporarily see opposition when we are not asking lifting cap on total green card numbers. Also you may think , you may lie low and be safe. t is a wrong impression, as lawmakers of this country are very observant and aware people. If they were to harm us, they'll do it anyway. You can't hide from them...
Some people are floating in Utopia.
Most of us are here on on the ground.
Keep watching the forums and see how many denials have been posted and we are just at the beginning stages... There are many more denials; revocations; dol audits, arrests coming.
While all this is going on; you can continue to push the envelope and try to increase EB greencards, get rid of country quota and loosen up everything.
Some people are floating in Utopia.
Most of us are here on on the ground.
Keep watching the forums and see how many denials have been posted and we are just at the beginning stages... There are many more denials; revocations; dol audits, arrests coming.
While all this is going on; you can continue to push the envelope and try to increase EB greencards, get rid of country quota and loosen up everything.
2011 Rupert Grint, Emma Watson,
nikreddy
06-26 05:46 PM
guys new to this forum. Was in another forum. But here is the real deal.
Its not a question of blood sucking etc...i know, i was very involved in my company. The real reason for delaying the I-485 process is the company has to really disclose a lot ( i mean a lot) of its financial information about itself to USCIS,( including the latest tax returns) etc..
A lot of small business do not want to do that as they differ their taxes for years. Tax differment is not new ( read about News Corp). These companies do not want to get into these situations.
thats it my 2 cents...from the inside
Its not a question of blood sucking etc...i know, i was very involved in my company. The real reason for delaying the I-485 process is the company has to really disclose a lot ( i mean a lot) of its financial information about itself to USCIS,( including the latest tax returns) etc..
A lot of small business do not want to do that as they differ their taxes for years. Tax differment is not new ( read about News Corp). These companies do not want to get into these situations.
thats it my 2 cents...from the inside
more...
Gravitation
04-22 08:23 PM
Only if it is too restrictive. this case is pretty straightforward and simple. employee is directly hitting the employer's revenues.
That means nothing in the court actually. It takes a lot more such as violation of trade-secrets for a court to rule against an employee. If hitting revenue was a valid reason not to change a job, nobody will ever be able to change a job.
What you mention is a common misconception.
"In Virginia (http://en.wikipedia.org/wiki/Virginia), a plaintiff (http://en.wikipedia.org/wiki/Plaintiff) must prove by a preponderance of the evidence (http://en.wikipedia.org/wiki/Preponderance_of_the_evidence) that the covenant is reasonable in the sense that it is: (1) no greater than necessary to protect its legitimate business interests, such as a trade secret (http://en.wikipedia.org/wiki/Trade_secret); (2) not unduly harsh or oppressive in restricting the employee’s ability to earn a living; and (3) not against public policy."
http://en.wikipedia.org/wiki/Non-compete_clause
That means nothing in the court actually. It takes a lot more such as violation of trade-secrets for a court to rule against an employee. If hitting revenue was a valid reason not to change a job, nobody will ever be able to change a job.
What you mention is a common misconception.
"In Virginia (http://en.wikipedia.org/wiki/Virginia), a plaintiff (http://en.wikipedia.org/wiki/Plaintiff) must prove by a preponderance of the evidence (http://en.wikipedia.org/wiki/Preponderance_of_the_evidence) that the covenant is reasonable in the sense that it is: (1) no greater than necessary to protect its legitimate business interests, such as a trade secret (http://en.wikipedia.org/wiki/Trade_secret); (2) not unduly harsh or oppressive in restricting the employee’s ability to earn a living; and (3) not against public policy."
http://en.wikipedia.org/wiki/Non-compete_clause
franklin
06-17 09:33 PM
I am waiting ..
ditto
ditto
more...
eb3_nepa
05-02 11:33 AM
Ragz thanks for removing the unnecessary quotes :)
2010 Rupert Grint and Emma Watson.
sheela
09-03 02:05 PM
I got the welcome notice in mail.
I got the cards in the mail.
I did not get the 'approval notice' yet(mailed on aug 22).
Does it matter?
Congrats n enjoy freedom
Just curious: Did you registered/sign up for CRIS mail?.
I believe it is really a nice surprise if we see the card rather than customary bunch mails.
I got the cards in the mail.
I did not get the 'approval notice' yet(mailed on aug 22).
Does it matter?
Congrats n enjoy freedom
Just curious: Did you registered/sign up for CRIS mail?.
I believe it is really a nice surprise if we see the card rather than customary bunch mails.
more...
vkjanam
11-17 05:14 PM
Done.
hair Emma Watson, Daniel Radcliffe
txh1b
08-26 01:26 PM
Was your Employer (GC Sponsoring) in any kind of trouble in past?
No. It is a good company and are very careful with things. I have never been in consulting. One good thing they did unlike other companies is they anticipated career growth and filed GC for a higher position and I could gladly accept promotion in my career.
No. It is a good company and are very careful with things. I have never been in consulting. One good thing they did unlike other companies is they anticipated career growth and filed GC for a higher position and I could gladly accept promotion in my career.
more...
gimme_GC2006
07-05 01:01 PM
There is a website which is tracking all desi employers and their leelas
http://www.h1bmates.com
oh..btw, I am not related/concerned/affiliated to this website. I just found it by google search..
http://www.h1bmates.com
oh..btw, I am not related/concerned/affiliated to this website. I just found it by google search..
hot 2011 emma watson kissing. i
vikki76
09-29 11:30 PM
Interpretations from website http://www.usvisahelp.com/nw_vol4_iss7.html
6. Porting to Self-Employment
USCIS has surprisingly taken the position in the memo that foreign nationals may port to self-employment. However, there may be difficult issues of proof involved: the foreign national will have to prove the legitimacy of the self-employment; and will have to prove that the I-140 petitioner intended to employ him or her upon the filing of the I-140 petition and at the time of filing the I-485 application (if not filed concurrently). The foreign national must also have intended to undertake the employment upon adjustment. The most difficult proof issue will be showing that the I-140 petitioner intended to employ the beneficiary upon I-140 and I-485 filing. This is difficult because once the foreign national ports, the I-140 petitioner may be less than willing to provide evidence of its former intent. However, the memo also states that the I-140 petition and supporting documents are prima facie evidence of the employer's intent. But in appropriate cases, additional evidence will be necessary. The memo does not say what those "appropriate cases" will be. If additional evidence is required from the I-140 petitioner, it will likely be very difficult to obtain.
7. Timing of New Employment Offer
A foreign national cannot still be looking for "same or similar" employment at the time the I-485 is being adjudicated. This indicates that it is acceptable for some time to lapse between leaving employment with the I-140 petitioner, and accepting a new job offer in a "same or similar position." However, if the I-485 is adjudicated before a new employment offer is procured, the foreign national is out of luck.
6. Porting to Self-Employment
USCIS has surprisingly taken the position in the memo that foreign nationals may port to self-employment. However, there may be difficult issues of proof involved: the foreign national will have to prove the legitimacy of the self-employment; and will have to prove that the I-140 petitioner intended to employ him or her upon the filing of the I-140 petition and at the time of filing the I-485 application (if not filed concurrently). The foreign national must also have intended to undertake the employment upon adjustment. The most difficult proof issue will be showing that the I-140 petitioner intended to employ the beneficiary upon I-140 and I-485 filing. This is difficult because once the foreign national ports, the I-140 petitioner may be less than willing to provide evidence of its former intent. However, the memo also states that the I-140 petition and supporting documents are prima facie evidence of the employer's intent. But in appropriate cases, additional evidence will be necessary. The memo does not say what those "appropriate cases" will be. If additional evidence is required from the I-140 petitioner, it will likely be very difficult to obtain.
7. Timing of New Employment Offer
A foreign national cannot still be looking for "same or similar" employment at the time the I-485 is being adjudicated. This indicates that it is acceptable for some time to lapse between leaving employment with the I-140 petitioner, and accepting a new job offer in a "same or similar position." However, if the I-485 is adjudicated before a new employment offer is procured, the foreign national is out of luck.
more...
house quot;Rupert was
obviously
07-27 07:15 AM
LEGAL AND STUCK IN - 7 YRS. ILLEGAL AND SNUCK IN - 7 MINS. CHOOSE!
It is a fact that EB3 India is a FORGOTTEN category. There appears to be a sense of intra-category elitism within the larger community that comes together at IV. EB3 I's make feeble attempts to be heard and some take a shot at innovative marketing campaigns to call attention to the plight of being stuck for over 6 ot 7 years in some cases. EB2 I's immediately respond with a self protectionist attitude and preach a higher calling that focuses on comprehensive solutions instead of piecemeal solutions. EB1 I's obviously choose to remain outside the fray, since these are matter of concern to vox populi, not them.
Some EB2's and EB3's then analyse the hell out of USCIS logic, to the extent that they could become full time spin meisters for ANY public organization. With very little fact, a healthy dose of opinion and a mish mash of 'logic', they piece together their 'strong' arguments -one way or the other.
Lost in this useless din of irrelevant analysis paralysis is the real misery of thousands of EB3 I's (such as myself) that have been stuck for years for no fault of ours. By the way, I happen to be a highly educated (for those that care) Executive that went to Top Private Universities in the US that happens to be stuck in EB3 ONLY because the company HR rep and lawyer at the time, chose to go down this path. POint being, there is no reason for EB2 I's to pontificate from a sense of elitist protectionism because there are EB3 I's like me that can outsmart a bunch of you in no time. Seriously. (This is for those that preach that if you are 'smart' you should be in EB2. Go read those threads).
So bottomline, let us stop behaving like CIS vs Anti CIS camps and instead UNITE towards the common cause. Let EB3I's air their frustrations. If you can come to help, do so. If not, stay out of it completely. No more half ass 'logic', please.
Thanks!
It is a fact that EB3 India is a FORGOTTEN category. There appears to be a sense of intra-category elitism within the larger community that comes together at IV. EB3 I's make feeble attempts to be heard and some take a shot at innovative marketing campaigns to call attention to the plight of being stuck for over 6 ot 7 years in some cases. EB2 I's immediately respond with a self protectionist attitude and preach a higher calling that focuses on comprehensive solutions instead of piecemeal solutions. EB1 I's obviously choose to remain outside the fray, since these are matter of concern to vox populi, not them.
Some EB2's and EB3's then analyse the hell out of USCIS logic, to the extent that they could become full time spin meisters for ANY public organization. With very little fact, a healthy dose of opinion and a mish mash of 'logic', they piece together their 'strong' arguments -one way or the other.
Lost in this useless din of irrelevant analysis paralysis is the real misery of thousands of EB3 I's (such as myself) that have been stuck for years for no fault of ours. By the way, I happen to be a highly educated (for those that care) Executive that went to Top Private Universities in the US that happens to be stuck in EB3 ONLY because the company HR rep and lawyer at the time, chose to go down this path. POint being, there is no reason for EB2 I's to pontificate from a sense of elitist protectionism because there are EB3 I's like me that can outsmart a bunch of you in no time. Seriously. (This is for those that preach that if you are 'smart' you should be in EB2. Go read those threads).
So bottomline, let us stop behaving like CIS vs Anti CIS camps and instead UNITE towards the common cause. Let EB3I's air their frustrations. If you can come to help, do so. If not, stay out of it completely. No more half ass 'logic', please.
Thanks!
tattoo Emma Watson just can#39;t catch a
rajeshalex
08-04 02:07 PM
congrats in advance. U are going to get gc soon.
more...
pictures Video: Emma Watson (Hermione)
gsc999
07-08 02:51 PM
I agree. I think each of us should commit to getting AT LEAST 5 more volunteers for the protest in San Jose. This could be family/friends/neighbors etc. We also need a poll to track how many will show up on the 14th.
---
I just heard from our Chinese member. They are getting a huge response for this 14th July demonstration. We need more awareness about this event among our members. Please spread the word.
The place and time is:
Location: City Hall
200 E Santa Clara St
San Jose
When: From Sat Jul 14, 2007 11:00 am to 2:30 pm
---
I just heard from our Chinese member. They are getting a huge response for this 14th July demonstration. We need more awareness about this event among our members. Please spread the word.
The place and time is:
Location: City Hall
200 E Santa Clara St
San Jose
When: From Sat Jul 14, 2007 11:00 am to 2:30 pm
dresses emma watson kiss scene.
shankar_thanu
03-24 08:22 PM
I applied 485 on July2nd 2007, we never got the FP notice, I called up the USCIS inquiry number, opened two service requests, nothing happened. My lawyer sent a letter asking USCIS to look at our case, that was ignored as well. We finally got an Infopass appointment and went to the office today, after a little bit of confusion, we were told that the most likely cause was that we sent pictures along with our EAD applications and that confused CIS procedures and they missed sending us FP notices.
Cant believe this crappy explanation, but this is what we were told. We were told that usually they call people in for FP and take the pictures and then process the EADs. Anyway, it took all of ten minutes to figure this out and issue us an FP notice, there is no reason they couldnt have done this over the phone...
Good thing though is that not having the FP done does not stop then from processing the Name check and infact my wife's name check has been completed..
Hope that helps...
Cant believe this crappy explanation, but this is what we were told. We were told that usually they call people in for FP and take the pictures and then process the EADs. Anyway, it took all of ten minutes to figure this out and issue us an FP notice, there is no reason they couldnt have done this over the phone...
Good thing though is that not having the FP done does not stop then from processing the Name check and infact my wife's name check has been completed..
Hope that helps...
more...
makeup Emma+watson+kissing+rupert
SleeplessinSeatle
08-19 10:30 PM
Thanks.. All of our checks were sent by lawyer and they were not telling me any thing. When I asked them repeatedly, they just said checks have not been cashed and our dear USCIS refused to give any update, as it has not been 90 days. I am still waiting for FP notice or receipt for my I485/I131 and receipt for I485/I131/I765 of my wife.
girlfriend #39;Emma Watson has worked together with Rupert Grint for years since filming
javadeveloper
07-20 09:28 PM
We'll do these things for common/generic issues like visa recapture,not counting dependents visas,removing per country quota.
#1.EB3s will start contributing , let's say $100 Each
#2.EB2s will match the amount in #1
#3.GC holders(Both EB2&EB3 - IV members) will contribute $250 to help their IV friends.
I am ready to contribute any EB2 & EB3 guys are ready? I am happy to contribute $500 more after I get GC
#1.EB3s will start contributing , let's say $100 Each
#2.EB2s will match the amount in #1
#3.GC holders(Both EB2&EB3 - IV members) will contribute $250 to help their IV friends.
I am ready to contribute any EB2 & EB3 guys are ready? I am happy to contribute $500 more after I get GC
hairstyles Rupert Grint#39;s Emma Watson
h1techSlave
03-28 11:16 AM
You have predicted that EB3-India cut of date would become June 2003. But your PD is July 2003. Usually people do not predict that way. They predict their own PD would become current pretty soon.:D
At one end it is bad that USCIS moved back Nebraska Processing date to June 08 2007 (More than one month backword) but it looks like USCIS is preparing itself to kick EB3-India ahead... It is too early to say this confidently.. But my feeling is that USCIS will keep processing dates tied to June 2007 and will kick EB3-India ahead. I am keeping my fingers crossed. Though as per murthy's web site in May bulletin EB3-India dates will remain same, I am feeling that if my guess is correct then at least from June bulletin we will see 2 patterns 1) Nebraka processing date would not move ahead for some months or will
move ahead very slowly from June 08 2007
2) Eb3-India PD dates will move ahead speedily. To me it looks like USCIS is now prepared to kick EB3-I (Till June 2003 PD) lot out.
At one end it is bad that USCIS moved back Nebraska Processing date to June 08 2007 (More than one month backword) but it looks like USCIS is preparing itself to kick EB3-India ahead... It is too early to say this confidently.. But my feeling is that USCIS will keep processing dates tied to June 2007 and will kick EB3-India ahead. I am keeping my fingers crossed. Though as per murthy's web site in May bulletin EB3-India dates will remain same, I am feeling that if my guess is correct then at least from June bulletin we will see 2 patterns 1) Nebraka processing date would not move ahead for some months or will
move ahead very slowly from June 08 2007
2) Eb3-India PD dates will move ahead speedily. To me it looks like USCIS is now prepared to kick EB3-I (Till June 2003 PD) lot out.
neelu
12-12 12:49 AM
Good question.
Also, I just learnt (through this forum) about 'hold'. Senator Sessions had put a 'hold' (a non-written tradition needing consent to raise in the senate) on the Cornyn bill.
Is that only for the lameduck session? Or is it true in general? Can senators put a 'hold' on a matter in any senate session? If that is true, then Senator Sessions can never even let this matter come up in senate in 2007 (and after.)
No I think it was only for the Lame Duck session. If it were to be for all sessions, no law would ever be able to pass, because in a democracy, it is an almost impossible feat to obtain unanimous vote!
Also, I just learnt (through this forum) about 'hold'. Senator Sessions had put a 'hold' (a non-written tradition needing consent to raise in the senate) on the Cornyn bill.
Is that only for the lameduck session? Or is it true in general? Can senators put a 'hold' on a matter in any senate session? If that is true, then Senator Sessions can never even let this matter come up in senate in 2007 (and after.)
No I think it was only for the Lame Duck session. If it were to be for all sessions, no law would ever be able to pass, because in a democracy, it is an almost impossible feat to obtain unanimous vote!
kshitijnt
05-10 06:34 PM
You got to be kidding. Why not rename the "World" as "India" . Typical disdain. The quota was IN the system before anyone got here by H1B, so your argument is fallacious. We were all aware of the quota when we got here.
There are highly skilled programmers from Nigeria also, just not in the same numbers. So you want them to stand behind all of China and India ?
No I was not aware of the quota. Do we need to go for an immigration course before we decide to take up the job offer in 2000 and start predicting what will be the effect of quota in 2009? I am sure you also did not do that and did not know whats involved in getting a green card. You are just lucky that there is a "quota."
Nigerians can stand in the same queue that Indians and Chinese will stand in, why is there a separate queue?
There are highly skilled programmers from Nigeria also, just not in the same numbers. So you want them to stand behind all of China and India ?
No I was not aware of the quota. Do we need to go for an immigration course before we decide to take up the job offer in 2000 and start predicting what will be the effect of quota in 2009? I am sure you also did not do that and did not know whats involved in getting a green card. You are just lucky that there is a "quota."
Nigerians can stand in the same queue that Indians and Chinese will stand in, why is there a separate queue?
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