saileshdude
09-24 12:11 PM
Surabhi,
Actually that is the more reasonable thing to do but USCIS has again disconnected these two things and left a loophole which makes it eligible to port an earlier priority date irrespective of whether it is EB2 or EB3. That is a flaw in the system in the same way it was in labor substitution. I don't mind people porting to Eb2 as long as they go back in the queue where they were really qualified to be in EB2. Say if you had experience BS+5 before filing in EB3 and for some reason because of employer or attorney you filed in EB3 but now want to go back to earlier date that is fair enough. What is not fair is someone who filed in EB3 because they were in BS+2 in say 2003, become eligible for Eb2 in 2006 but now decide to port in 2010 and are given the priority date of 2003. The fair thing would be to give the PD to that person of 2006 and not 2003 just because they have an approved I-140 of EB-3 from 2003.
That being said, I also believe that the spillover be distributed properly and not just given to EB2. That is also unfair. These are some loopholes that are left when these laws are made. Some category get benefited and some are left out. So if EB3 people start porting we should not be complaining because they have also suffered because of inappropriate spillover rules and is justified if they want to take advantage of this loophole.
I have no problem with porting, but the priority date should be starting from when they acquired required qualifications for the job.
Example, if someone with B.S and 2 years experience had applied in EB3 in 2005 and tries to port now I think it is fair to have the ported PD not in 2005, but 2008 when the person acquired B.S + 5 years experience.
This would automatically address all those folks who deserved to be in EB2 but couldnt either becuase lawyer screwed up or issues with sponsoring company.
Actually that is the more reasonable thing to do but USCIS has again disconnected these two things and left a loophole which makes it eligible to port an earlier priority date irrespective of whether it is EB2 or EB3. That is a flaw in the system in the same way it was in labor substitution. I don't mind people porting to Eb2 as long as they go back in the queue where they were really qualified to be in EB2. Say if you had experience BS+5 before filing in EB3 and for some reason because of employer or attorney you filed in EB3 but now want to go back to earlier date that is fair enough. What is not fair is someone who filed in EB3 because they were in BS+2 in say 2003, become eligible for Eb2 in 2006 but now decide to port in 2010 and are given the priority date of 2003. The fair thing would be to give the PD to that person of 2006 and not 2003 just because they have an approved I-140 of EB-3 from 2003.
That being said, I also believe that the spillover be distributed properly and not just given to EB2. That is also unfair. These are some loopholes that are left when these laws are made. Some category get benefited and some are left out. So if EB3 people start porting we should not be complaining because they have also suffered because of inappropriate spillover rules and is justified if they want to take advantage of this loophole.
I have no problem with porting, but the priority date should be starting from when they acquired required qualifications for the job.
Example, if someone with B.S and 2 years experience had applied in EB3 in 2005 and tries to port now I think it is fair to have the ported PD not in 2005, but 2008 when the person acquired B.S + 5 years experience.
This would automatically address all those folks who deserved to be in EB2 but couldnt either becuase lawyer screwed up or issues with sponsoring company.
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khukubindu
05-05 06:20 PM
Thanks reddymjm for your quick reply. How long would it be current , do you think ?
What should I do from my side if it the date is correct ?
Should I call USCIS.
What should I do from my side if it the date is correct ?
Should I call USCIS.
krishna.ahd
04-20 03:46 PM
I changed my job twice using AC-21 informed USCIS once, I don't see any risk itz a law, as long as you are able to produce paperwork that your current job is similar to previous one you are safe, any decent employer would give you a supporting letter (oh ya exluding blood sucking desi pimps).
I find many guys calcluate too much and let go good opportunities, get real guys no one is behind you if you have job and not done anything wrong,
I really don't care when I get my GC as long as they renew my EAD ( I am on my foruth EAD)
All
I have changed jobs twice keeping more or less same job description but salary wise much more what i used to get.
No need to inform INS. I know most of us little concerned to use AC21 for better job and salary but i never heard of anyone (atleast from my circle ) denied GC for changing job.
I encourage everybody who come across good opportunity to go for it. Keep same job description ( atleast on paper).
I find many guys calcluate too much and let go good opportunities, get real guys no one is behind you if you have job and not done anything wrong,
I really don't care when I get my GC as long as they renew my EAD ( I am on my foruth EAD)
All
I have changed jobs twice keeping more or less same job description but salary wise much more what i used to get.
No need to inform INS. I know most of us little concerned to use AC21 for better job and salary but i never heard of anyone (atleast from my circle ) denied GC for changing job.
I encourage everybody who come across good opportunity to go for it. Keep same job description ( atleast on paper).
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rbms
04-20 02:49 PM
Per my lawyer,
1. USCIS does not mandate that you must inform when you invoke AC21. You can inform them if and when you get RFE.
2. I strongly believe that we should not accept job offers that is not related to the job you originally applied for. My lawyer says it is usually vague and if USCIS determines other wise I will be in trouble. And for the same reason I am hesitant to accept very good employee offer from my current client.
3. Self employment is ok as long as the requirements are met and that is what is I am doing now.
1. USCIS does not mandate that you must inform when you invoke AC21. You can inform them if and when you get RFE.
2. I strongly believe that we should not accept job offers that is not related to the job you originally applied for. My lawyer says it is usually vague and if USCIS determines other wise I will be in trouble. And for the same reason I am hesitant to accept very good employee offer from my current client.
3. Self employment is ok as long as the requirements are met and that is what is I am doing now.
more...
logiclife
07-07 02:23 PM
Yes, registering with the Police department of the city is a must. All they need (at least in San Jose) is your name, driver's license number etc. They will register it.
You dont need permit for walking on sidewalks. You need permit only if you plan to stop traffic and block streets. None of us want to do that.
Check with your city's police department and find out how to register for march on sidewalks without stopping traffic. I guess that's a lot easier than getting permits to stop traffic etc.
Now, as to rallies other than San Jose rally, if you plan to lead the rally and get the event registered, then please email me at jay@Immigrationvoice.org and I will help you get members. I have list of all members and their states and once you finalize the event, I will email the entire list and point them to you. I will also provide you with material, guidance and Immigration voice's message and talking points should you be approached by a reporter. In fact, its a good idea to tell local papers in your area before hand so that the know to cover the event.
Members in NYC, Washington DC, Chicago, LA etc should have absolutely no problems in finding enough members planning to walk on the street for an hour. I will help you find enough participants in your city, if you send me an email and if you are ready to lead these events.
You dont need permit for walking on sidewalks. You need permit only if you plan to stop traffic and block streets. None of us want to do that.
Check with your city's police department and find out how to register for march on sidewalks without stopping traffic. I guess that's a lot easier than getting permits to stop traffic etc.
Now, as to rallies other than San Jose rally, if you plan to lead the rally and get the event registered, then please email me at jay@Immigrationvoice.org and I will help you get members. I have list of all members and their states and once you finalize the event, I will email the entire list and point them to you. I will also provide you with material, guidance and Immigration voice's message and talking points should you be approached by a reporter. In fact, its a good idea to tell local papers in your area before hand so that the know to cover the event.
Members in NYC, Washington DC, Chicago, LA etc should have absolutely no problems in finding enough members planning to walk on the street for an hour. I will help you find enough participants in your city, if you send me an email and if you are ready to lead these events.
pret_23
01-30 05:04 PM
And none of us should even complain when millions of illegals are suddenly made legal by the Government and they jump the line in front of us for no fault of ours and there are EB3s still waiting from 2001. The illegals have taken a risk right by jumping across the border and staying here illegally???
:rolleyes::rolleyes:
Yes its tough but trust me if we dont have illegals in america nobody would have even bothered abt CIR.And, in the current market situation they would have reduced H1B quota also....
:rolleyes::rolleyes:
Yes its tough but trust me if we dont have illegals in america nobody would have even bothered abt CIR.And, in the current market situation they would have reduced H1B quota also....
more...
gc_lover
07-02 09:46 AM
Yeah, I know my life sucks. I have a priority date of Jan 2003. Got filed under EB3 even though did MS here... I begged and pleaded that they atleast send it on Jan 28th. For god's sake, I was qualified all the way since June 1st. I gave all the documents necessary by June 6th itself. Well, but they had to file on 29th.
I hear you man. I am in exact same situation. I filed on June 29th inspite of having whole July. We will see what happens. Hope we will be fine!
Good luck!
I hear you man. I am in exact same situation. I filed on June 29th inspite of having whole July. We will see what happens. Hope we will be fine!
Good luck!
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BharatPremi
07-10 05:22 PM
So it's the day before the flowers will be delivered and let's make the most out of this story. Here are the links to the press release to use
PDF version (http://www.touchdownusa.org/pdf/USCISFlowerCampaign.pdf) that can be sent as an attachment.
HTML version (http://docs.google.com/Doc?id=ap9x7pmvk6s_32c3khvg) that can be copy-pasted as text of the email.This (http://www.touchdownusa.org/pdf/Response.pdf) is our updated press release in response to the message on the USCIS website.
Most news organizations have dedicated reporters to cover immigration issues; so our first contact should be with them, since they'd be most interested in this story. Contact the writers of any immigration related stories that you've read recently - contact either by phone, or by email. If you are contacting by email here are a few helpful tips
Make sure that title/information of that person's most recent article is used in the subject line. Something like, 'Follow up to Green Card Woes in WSJ'
Refer to the article in the body of your email. For example
You recently wrote about the frustrations of green card applicants due to a reversal by the USCIS (Wall Street Journal - July 5, 2007 - 'Reversal Frustrates Green Card Applicants'). I am one of those skilled, legal applicants and we are planning to protest against this decision the USCIS in a unique and peaceful manner - by sending hundreds, if not thousands of flower bouquets to the director of USCIS, Mr. Gonzalez on July 10th.
After this, you can say that please refer to the attached press release for more information
Wrap up your email with something like, "This is probably the first time when skilled, legal professionals are participating in an event like this at this scale and it goes to show the level of anxiety in the community right now. Would you be willing to write about this event as a follow-up to your previous article?"
There is no harm in giving your contact number to let the reporter know that you can be contacted for any follow-up questions.
Other things that we can do to create a buzz around it is to talk about it in blogs, various forums etc., specially if you are a blogger. Already, if you search USCIS+Flowers in Technorati, there are a good number of hits - we should try and increase them.
Call up your local public radio station and tell them about this event (http://www.npr.org/stations/)
Any other ideas regarding increasing the visibility of this campaign should be posted on this thread.
I would try to contact FM 104.9 and AM 700 in Dallas both radio stations are delivering programs in Hindi and Urdu and to the extent very popular in SOuth Assian community. I would update here about my efforts.
PDF version (http://www.touchdownusa.org/pdf/USCISFlowerCampaign.pdf) that can be sent as an attachment.
HTML version (http://docs.google.com/Doc?id=ap9x7pmvk6s_32c3khvg) that can be copy-pasted as text of the email.This (http://www.touchdownusa.org/pdf/Response.pdf) is our updated press release in response to the message on the USCIS website.
Most news organizations have dedicated reporters to cover immigration issues; so our first contact should be with them, since they'd be most interested in this story. Contact the writers of any immigration related stories that you've read recently - contact either by phone, or by email. If you are contacting by email here are a few helpful tips
Make sure that title/information of that person's most recent article is used in the subject line. Something like, 'Follow up to Green Card Woes in WSJ'
Refer to the article in the body of your email. For example
You recently wrote about the frustrations of green card applicants due to a reversal by the USCIS (Wall Street Journal - July 5, 2007 - 'Reversal Frustrates Green Card Applicants'). I am one of those skilled, legal applicants and we are planning to protest against this decision the USCIS in a unique and peaceful manner - by sending hundreds, if not thousands of flower bouquets to the director of USCIS, Mr. Gonzalez on July 10th.
After this, you can say that please refer to the attached press release for more information
Wrap up your email with something like, "This is probably the first time when skilled, legal professionals are participating in an event like this at this scale and it goes to show the level of anxiety in the community right now. Would you be willing to write about this event as a follow-up to your previous article?"
There is no harm in giving your contact number to let the reporter know that you can be contacted for any follow-up questions.
Other things that we can do to create a buzz around it is to talk about it in blogs, various forums etc., specially if you are a blogger. Already, if you search USCIS+Flowers in Technorati, there are a good number of hits - we should try and increase them.
Call up your local public radio station and tell them about this event (http://www.npr.org/stations/)
Any other ideas regarding increasing the visibility of this campaign should be posted on this thread.
I would try to contact FM 104.9 and AM 700 in Dallas both radio stations are delivering programs in Hindi and Urdu and to the extent very popular in SOuth Assian community. I would update here about my efforts.
more...
mygc2006
08-25 02:43 PM
PD Aug 2004, EB-2 India
I-140/I-485 applied - August 2007 at TSC (non-concurrent)
I-140 approval - March 2008
Spouse 485/AP/EAD applied - August 2008 (received receipt notices)
Self EAD applied - August 2008 (received receipt notices)
Till date I have not received my FP notice. I applied for my EAD (even though I am not planning on using it) hoping to jump start my pending 485 and get the things rolling for FP and processing of 485. Surprisingly, I got my EAD approval email on Aug 17th and I received my EAD card in the mail yesterday. It is valid for 2 years. It says finger prints not available. No change in the pending 485 status.
I am totally perplexed about receiving the EAD without FP and so is my attorney. Can someone give me an idea of what is going on? Any input is appreciated! Thanks much!
Hi SKK, it is not really required to have finger printed to get teh EAD approval. (i am talking aboutthe first time EAD). Your FP may come later on. At least in my case it was like that. I got my EAD approval first and later on only the FP came. Hope this helps ...
I-140/I-485 applied - August 2007 at TSC (non-concurrent)
I-140 approval - March 2008
Spouse 485/AP/EAD applied - August 2008 (received receipt notices)
Self EAD applied - August 2008 (received receipt notices)
Till date I have not received my FP notice. I applied for my EAD (even though I am not planning on using it) hoping to jump start my pending 485 and get the things rolling for FP and processing of 485. Surprisingly, I got my EAD approval email on Aug 17th and I received my EAD card in the mail yesterday. It is valid for 2 years. It says finger prints not available. No change in the pending 485 status.
I am totally perplexed about receiving the EAD without FP and so is my attorney. Can someone give me an idea of what is going on? Any input is appreciated! Thanks much!
Hi SKK, it is not really required to have finger printed to get teh EAD approval. (i am talking aboutthe first time EAD). Your FP may come later on. At least in my case it was like that. I got my EAD approval first and later on only the FP came. Hope this helps ...
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nefrateedi
08-22 04:01 PM
Application reached NSC on July 14. No receipts or cashed checks yet.
more...
zephyrr
12-16 09:02 PM
i'm glad someone brought this up, i'm in the same boat, came in 1998, applied in jul 2003 eb2.
i think it is important to get at the bottom of what is making one depressed, is it the gc necessarily, or is it not being able to do what you want to do? if it is the process itself, well - joining IV or talking to people and fighting for a cause is the way to go.
if it is not the process itself, then it is another story.
in my case, the gc process really started affecting me and became a topic of daily discussion in the family in the past 2 yrs, after i finished my mba from a top 5 school, and was unable to switch jobs because it meant starting tge process all over again. i could care less about a gc if i could do jobs that i wanted to. in your case, it might be something else, maybe career related or otherwise.
my stand is now simple, after 180 days are over in dec, i'm going to do what i want to do i.e switch jobs etc, i've applied to canada as a backup, something goes wrong, i'll leave the usa. i'm not willing to put any more of my life in a 'prison' than i already have.
you may have a different stand, but as long as you have one, and understand that the gc is nowhere as important as your mental health and well-being, you will be fine.
i think it is important to get at the bottom of what is making one depressed, is it the gc necessarily, or is it not being able to do what you want to do? if it is the process itself, well - joining IV or talking to people and fighting for a cause is the way to go.
if it is not the process itself, then it is another story.
in my case, the gc process really started affecting me and became a topic of daily discussion in the family in the past 2 yrs, after i finished my mba from a top 5 school, and was unable to switch jobs because it meant starting tge process all over again. i could care less about a gc if i could do jobs that i wanted to. in your case, it might be something else, maybe career related or otherwise.
my stand is now simple, after 180 days are over in dec, i'm going to do what i want to do i.e switch jobs etc, i've applied to canada as a backup, something goes wrong, i'll leave the usa. i'm not willing to put any more of my life in a 'prison' than i already have.
you may have a different stand, but as long as you have one, and understand that the gc is nowhere as important as your mental health and well-being, you will be fine.
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Alabaman
05-04 03:53 PM
Please whats all these arguments about? MS from the states, BS + 10 years experience etc. Please we don't need all these. There are people that come to the states and dont even pay a dime in tuition instead they even get paid - in the form of research assistanships and scholarships.
Whatever the case, it is not fair to come to the US work for a long period of time and then get thrown out (say after 6 years) like the H1B visa.
What we need to concentrate our energy and efforts on is for congress to create a PATH for SELF SPONSORSHIP of GCs. For example, if u have lived LEGALLY in the US for 5 or more years, paid taxes and stayed out of troble then you should be able to apply for a green card. That gives you some hope that if I do such and such then one day I'd qualify for a green card. It also takes care of those that started counting as F1 then H1. It balances out everything.
The way it is now, there is no hope. Everything is uncertain. We are living uncertain lives. If we get sacked, we dont even know what step to take next. It is so dipressing and furstrating. Thats exactly what it is tempoary workers living TEMPOARY LIVES. Some are just waiting until 6 years H1 B expires and then .... yes and then what?? They dont even know. As it is most employers are unwillingly to sponsor GC. Why go through all the troubles??
Of course a lot of guys have gone ahea and gotten married just to get GC and which brings back the question... who is the system designed for? Those who struggle to abide by the law or those who take the short but fraudlent route. Your guess is as good as mine.
So this is what we should be fighting for... a PATH in such a way that you can SELF SPONSOR and not frivolous arguements between ourselves..... Spread the word!
Whatever the case, it is not fair to come to the US work for a long period of time and then get thrown out (say after 6 years) like the H1B visa.
What we need to concentrate our energy and efforts on is for congress to create a PATH for SELF SPONSORSHIP of GCs. For example, if u have lived LEGALLY in the US for 5 or more years, paid taxes and stayed out of troble then you should be able to apply for a green card. That gives you some hope that if I do such and such then one day I'd qualify for a green card. It also takes care of those that started counting as F1 then H1. It balances out everything.
The way it is now, there is no hope. Everything is uncertain. We are living uncertain lives. If we get sacked, we dont even know what step to take next. It is so dipressing and furstrating. Thats exactly what it is tempoary workers living TEMPOARY LIVES. Some are just waiting until 6 years H1 B expires and then .... yes and then what?? They dont even know. As it is most employers are unwillingly to sponsor GC. Why go through all the troubles??
Of course a lot of guys have gone ahea and gotten married just to get GC and which brings back the question... who is the system designed for? Those who struggle to abide by the law or those who take the short but fraudlent route. Your guess is as good as mine.
So this is what we should be fighting for... a PATH in such a way that you can SELF SPONSOR and not frivolous arguements between ourselves..... Spread the word!
more...
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starving_dog
06-27 07:03 AM
Another reason for optimism, read his last three entries...
http://www.visalaw.com/blog.html
http://www.visalaw.com/blog.html
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vij
06-16 03:22 PM
Also, received Finger Printing (Biometrics) Notice today in the mail. Appointment is in three weeks.
Wow Congrats buddy, I still did not get Receipt notice and not even my checks are cashed
Applied to reach NSC on May 31 (current in May)
I-140 was Approved from NSC
Receipt Date - May 31
Notice date - ??
Checks not cashed yet
Wow Congrats buddy, I still did not get Receipt notice and not even my checks are cashed
Applied to reach NSC on May 31 (current in May)
I-140 was Approved from NSC
Receipt Date - May 31
Notice date - ??
Checks not cashed yet
more...
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gimmeacard
09-09 08:58 PM
How am I being a racist? I'm just pointing out the fact that North and South Indians belong to different races and USCIS should stop clubbing them together.
Stop it, disgraceful statement, I am a North Indian and can state that the most help i have attained is from our brothers/sisters of South.
attempting to divide india is something Brits used cuz of people like you.
North or South India comes first
Stop it, disgraceful statement, I am a North Indian and can state that the most help i have attained is from our brothers/sisters of South.
attempting to divide india is something Brits used cuz of people like you.
North or South India comes first
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sayonara
08-30 04:38 PM
Got the receipts for 485 applied on July 2nd to NSC. NSC--> TSC transfer. Notice date of 8/23.
Congrats - Did u file on July 2nd?
Congrats - Did u file on July 2nd?
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NKR
04-25 01:08 PM
hey till now i haven't noticed about this reddot until u said. who gives it and how???? i dont have any idea as i am new to this foum.. and how can anyone give points for reputation.
I do not know how to give red dots since I do not give any. To give green you have to click on the icon above the post for which you are giving a green dot. I just gave you one.
I do not know how to give red dots since I do not give any. To give green you have to click on the icon above the post for which you are giving a green dot. I just gave you one.
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reddymjm
06-13 11:31 AM
My attorney told me that they sent my case to USCIS through FEDEX overnight on 6th June. My check is not cleared from my bank yet. I am concerned about my RD. Any idea?
If it is NSC they are still working on 6/1/07 cases. Relax...
If it is NSC they are still working on 6/1/07 cases. Relax...
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53885
05-24 01:09 PM
I guess I am the only one on this thread.
I guess many are still focussed on evaluating MBS, discussing CIR draft.....
instead of taking any action.
Sent emails to 20 more, for a total of 50.
I sent emails to 10 more senators.
I guess many are still focussed on evaluating MBS, discussing CIR draft.....
instead of taking any action.
Sent emails to 20 more, for a total of 50.
I sent emails to 10 more senators.
english_august
07-09 08:59 AM
Not 100 words though
http://docs.google.com/Doc?id=ap9x7pmvk6s_32c3khvg
http://docs.google.com/Doc?id=ap9x7pmvk6s_32c3khvg
sankap
07-10 03:20 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? Because Future GC job could be same job on H-1B, only difference being on H-1B your job has fixed end date (noted by I-94), and GC job has no fixed end date, hence permanent. It does not make that current job on H-1B permanent.
Temp Job and Permannet Job can have same job title and job duties. Just like contract job and full-time job can have same job title and job duties, but one is employee of the company and other one is not.
.
Temp Job and Permannet Job can have same job title and job duties. Just like contract job and full-time job can have same job title and job duties, but one is employee of the company and other one is not.
.
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