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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diptam
06-22 01:41 PM
Pay stubs talk about CURRENT employment , not FUTURE...
>> "No, employment letter is absolutely required...", well, it is not.
You are wrong. How are the pay stubs link to your future GC job. Employment Letter is listed right there on I-485 form as initial evidence.
Do NOT confuse Current Employment Letter with Employment Letter for GC job
Not a legal advice.
------------------------------------
Permanent Resident since May 2002
>> "No, employment letter is absolutely required...", well, it is not.
You are wrong. How are the pay stubs link to your future GC job. Employment Letter is listed right there on I-485 form as initial evidence.
Do NOT confuse Current Employment Letter with Employment Letter for GC job
Not a legal advice.
------------------------------------
Permanent Resident since May 2002
anzerraja
07-20 10:14 AM
Zooom
http://spreadsheets.google.com/ccc?k...U3Fn9GTQ&hl=en
Can you PM me your email id so we can work out the things with this thread.
Yeah sure we can extend this till monday..Is somebody keeping track of people and their pledge amount?
http://spreadsheets.google.com/ccc?k...U3Fn9GTQ&hl=en
Can you PM me your email id so we can work out the things with this thread.
Yeah sure we can extend this till monday..Is somebody keeping track of people and their pledge amount?
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kshitijnt
05-09 10:08 PM
For god's sake, if you intend to send hundreds of emails and letters and call yourselves highly skilled immigrants, can you take the time to have your letter proof read by someone? If not anyone, at least by Microsoft Word?? I start reading the text of some of the emails and shake my head at some of the gobbledegook you are spewing. It is counter productive to say the least.
-a
Well thanks for the suggestion. You can check yours before sending the email. I am not trying to impress Obama. Just making my point clear. I am sure your english is better than mine.
-a
Well thanks for the suggestion. You can check yours before sending the email. I am not trying to impress Obama. Just making my point clear. I am sure your english is better than mine.
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BharatPremi
11-01 05:21 PM
I am july 2 filer
I believe 180 days are over around 31 dec 2007 for using AC21
I am planning to quit my job and go to india for max 3 mnths
I have a job offer and they are ready to hire me from 1 april 2008
what precautions should i take so i dont have problems while coming back
I am planning to use AP
I would take 3 months of vacation (With written vacation approval from this date to that date)at present employer ( Even with "No Pay"), come back from India, THEN QUIT and then join new employer.
I believe 180 days are over around 31 dec 2007 for using AC21
I am planning to quit my job and go to india for max 3 mnths
I have a job offer and they are ready to hire me from 1 april 2008
what precautions should i take so i dont have problems while coming back
I am planning to use AP
I would take 3 months of vacation (With written vacation approval from this date to that date)at present employer ( Even with "No Pay"), come back from India, THEN QUIT and then join new employer.
TheOmbudsman
10-18 10:11 AM
That's why I said before;some people are pretty sure that if democrats win, we will be alright. In my view it may turn out to be the opposite. Democrats favor illegal immigration. I think they are less inclined to pass our SKULL bill alone. I strongly believe that that democrats would rather attach our bill to the CIR/illegal alien amnesty bill, which still will be controversial to pass. Even if Sen. Specter and his team manage to flood America with illegal aliens, then we may take a hit from the collateral effects caused by millions of applications at USCIS.
If Republicans win, we are problably in a better shape.
Did anyone see Byron Dorgan's (Democratic Senator from North Dakota)interview on Stephen Colbert last night? This guy just wrote an anit-outsourcing book (http://www.amazon.com/Take-This-Job-Ship-Brain-Dead/dp/031235522X --no I am not plugging his book!) and he is full of 'they stole our jobs' rhetoric. This is typical outsourcing/globalization-bashing democratic mentality and it's disturbing to seeit still persists 2 years after Presedential elections.
Am I the only one who thinks that if Democratics takes over the House, we are screwed?
If Republicans win, we are problably in a better shape.
Did anyone see Byron Dorgan's (Democratic Senator from North Dakota)interview on Stephen Colbert last night? This guy just wrote an anit-outsourcing book (http://www.amazon.com/Take-This-Job-Ship-Brain-Dead/dp/031235522X --no I am not plugging his book!) and he is full of 'they stole our jobs' rhetoric. This is typical outsourcing/globalization-bashing democratic mentality and it's disturbing to seeit still persists 2 years after Presedential elections.
Am I the only one who thinks that if Democratics takes over the House, we are screwed?
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txh1b
08-26 09:07 PM
Whats ur PD? U r not current in Aug right?
AFAIK, I am. Who cares If 1st March is inclusive or not. It is a matter of 1 week.
AFAIK, I am. Who cares If 1st March is inclusive or not. It is a matter of 1 week.
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gccovet
08-12 07:39 AM
GCCovet/Mahujam,
- How did you find out about the LUD?
- What is soft LUD vs. hard ?
- what are possible reasons of an LUD ?
Thanks in advance!
Hi,
(LUD = Last Update Date.)
You need to register on uscis.gov (case status online), you will need your receipt numbers (you can enter rect. nos. from I-140, 485, 765, h1 ext. etc). You will get an email as soon as your case has been approved/rfe/noid etc.
When you get an email due to any change and the text changes in your case status it is called Hard LUD, if nothing changes in the case but your file has been touched then it is called soft LUD.
There can be several reasons for soft lud.
HTH
GCCovet
- How did you find out about the LUD?
- What is soft LUD vs. hard ?
- what are possible reasons of an LUD ?
Thanks in advance!
Hi,
(LUD = Last Update Date.)
You need to register on uscis.gov (case status online), you will need your receipt numbers (you can enter rect. nos. from I-140, 485, 765, h1 ext. etc). You will get an email as soon as your case has been approved/rfe/noid etc.
When you get an email due to any change and the text changes in your case status it is called Hard LUD, if nothing changes in the case but your file has been touched then it is called soft LUD.
There can be several reasons for soft lud.
HTH
GCCovet
more...
chmur
07-27 12:08 AM
If someone tries to re-interprete, it will end up like:EB2 ROW -> EB3 ROW -> EB2I -> EB3 I, still no real benefit to EB3 I; only EB2 I will loose with some benefit to EB3 ROW.
That is your take ....or they could end up distributing the spill over Visas equally among all EB categories because the original quota is equally distributed too. This benefits both EB3 and EB2.
Please do not try to pass on your opinions as facts ...they are not.
That is your take ....or they could end up distributing the spill over Visas equally among all EB categories because the original quota is equally distributed too. This benefits both EB3 and EB2.
Please do not try to pass on your opinions as facts ...they are not.
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ganguteli
01-29 06:37 PM
I think the grace period is 90 days from the date of start of H1B written in the approval notice. After that your H1B is void. But I think you need to inform USCIS that you wish to continue on H4. Otherwise it can create problems on out of status when you apply for green card.
If you got a I94 with approval, then technically you have been converted to H1B. Having a visa on passport is just a formality for travel. But you can stay in the country on H1B as long as it is valid and you continue to hold the job of the sponsor. If you do not hold the job of the sponsor and you could not transfer the visa on time, you become illegal. At the time of re-entry, you can be denied and barred for 10 years if it is found that you stayed illegally.
Also remember, once you accept the job on H1B and you are on H1B and you lose your job... then you have to leave the country in 15 days. This is kind of a grey area as I have not seen 15 days in black and white anywhere but have read that it is 15 days and am not sure how strictly it is enforced. But do not think you can stay for month/s illegally because that will hurt you in your GC application. But staying out of status can create problems in greencard application. If that happens you must immediately petition to revert back to H4. In your case, have you worked for a single day on H1B? Have you pad any taxes on H1B? Do you take insurance from your employer? Are you technically on Bench? Remember 'Bench' is not defined in law and being on bench also means you are employed.
So you need to see which scenarios fit in your case and act accordingly.
If you got a I94 with approval, then technically you have been converted to H1B. Having a visa on passport is just a formality for travel. But you can stay in the country on H1B as long as it is valid and you continue to hold the job of the sponsor. If you do not hold the job of the sponsor and you could not transfer the visa on time, you become illegal. At the time of re-entry, you can be denied and barred for 10 years if it is found that you stayed illegally.
Also remember, once you accept the job on H1B and you are on H1B and you lose your job... then you have to leave the country in 15 days. This is kind of a grey area as I have not seen 15 days in black and white anywhere but have read that it is 15 days and am not sure how strictly it is enforced. But do not think you can stay for month/s illegally because that will hurt you in your GC application. But staying out of status can create problems in greencard application. If that happens you must immediately petition to revert back to H4. In your case, have you worked for a single day on H1B? Have you pad any taxes on H1B? Do you take insurance from your employer? Are you technically on Bench? Remember 'Bench' is not defined in law and being on bench also means you are employed.
So you need to see which scenarios fit in your case and act accordingly.
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nixstor
06-22 01:49 PM
I have a electronic mail from them with the 140 receipt Notice (as PDF)
from USCIS.. I took the LIN number from there and Queries USCIS - they says USCIS received my App on May 15th and under processing....
I took a Print out of that 140 receipt Notice and will attach with 485 Application... My approval will not come before Jan-Feb 2008.
Just wanted to let you know, if your 140 is pending, you will have to submit the receipt notice and also the copy of labor cert showing the PD. Read page 4 below the NSC mailing address.
from USCIS.. I took the LIN number from there and Queries USCIS - they says USCIS received my App on May 15th and under processing....
I took a Print out of that 140 receipt Notice and will attach with 485 Application... My approval will not come before Jan-Feb 2008.
Just wanted to let you know, if your 140 is pending, you will have to submit the receipt notice and also the copy of labor cert showing the PD. Read page 4 below the NSC mailing address.
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GCard_Dream
12-11 11:07 AM
I thought "Staying the course" was not an option anymore.. that's from the Iraq study group, democrats, and the president himself. Motto now "We need to change our tactics". :)
Seriously I think we need to do the same and pursue the non-controversial goals first and then attempt the Home Run.
If Microsoft with all the money and power can't get visa increase, it's naive to assume that we can do that in one shot. Let's just fry the small fish first.
I forgot to say that I am going full speed ahead and staying the course.
Seriously I think we need to do the same and pursue the non-controversial goals first and then attempt the Home Run.
If Microsoft with all the money and power can't get visa increase, it's naive to assume that we can do that in one shot. Let's just fry the small fish first.
I forgot to say that I am going full speed ahead and staying the course.
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saimrathi
07-02 08:37 AM
Sent by UPS on June 30. UPS website shows recd at Lincoln, NE at 7.30am on 7/2/07 signed by Hindera.
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GC08
07-08 08:28 PM
140K GCs were available on Oct 1 2005 and Oct 2006: categories were not current.
< 40K GCs were available on June 12 2007: all categories were current.
If there is a law to prevent acceptance of ALL AOS's on Oct 1 (when 140K GCs are available) then that law was violated on June 12 2007.
If there is no law to prevent acceptance of AOS's on June 12 (when < 40K GCs were available) then all categories should have been current on Oct 1 2005 and Oct 1 2006.
Sounds like either way, they were wrong. :cool:
< 40K GCs were available on June 12 2007: all categories were current.
If there is a law to prevent acceptance of ALL AOS's on Oct 1 (when 140K GCs are available) then that law was violated on June 12 2007.
If there is no law to prevent acceptance of AOS's on June 12 (when < 40K GCs were available) then all categories should have been current on Oct 1 2005 and Oct 1 2006.
Sounds like either way, they were wrong. :cool:
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jonty_11
07-28 12:02 PM
alrite the same war of words again.. Lets just cut it and unite.
I just wanted to disagree the with title of the thread.. All EB3 is "U" why only call to action for EB3-I.. Please dont limit your view of the world(in this case IV)...Work for the betterment of all in EB3 and EB2 and all EB categories....
UNITE and we will WIN.
I just wanted to disagree the with title of the thread.. All EB3 is "U" why only call to action for EB3-I.. Please dont limit your view of the world(in this case IV)...Work for the betterment of all in EB3 and EB2 and all EB categories....
UNITE and we will WIN.
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dtekkedil
07-10 08:06 AM
sorry do not have fax ..... but if you make new thread asking people for help maybe someone can do it with you
You can send them from your local Kinkos \ Staples store. I will be sending from my local Staples.
You can send them from your local Kinkos \ Staples store. I will be sending from my local Staples.
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gccovet
02-09 12:50 PM
Only five guys so far....pathetic.
Guys Wake...are you the one want to fix the problem or just another free rider
Thank you Snathan, hrushi_j, Mightykandy, Mhkumar.............
Only 6 so far....
IV Handle Date Amount Unique Transaction ID # Pledges?
AkhilMahajan 2/9/2009 $20.00
GCCovet 2/9/2009 $21.00 Pledge $50 when 5K
hrushi_j 2/9/2009 $21.00 59F40058D17019301
Snathan 2/9/2009 $20.00 5G807044SR6324537
Mightykandy 2/9/2009 $50.00 2TK69366JX343500H
MHKumar 2/9/2009 $21.00 3D0578784M4536128
Guys Wake...are you the one want to fix the problem or just another free rider
Thank you Snathan, hrushi_j, Mightykandy, Mhkumar.............
Only 6 so far....
IV Handle Date Amount Unique Transaction ID # Pledges?
AkhilMahajan 2/9/2009 $20.00
GCCovet 2/9/2009 $21.00 Pledge $50 when 5K
hrushi_j 2/9/2009 $21.00 59F40058D17019301
Snathan 2/9/2009 $20.00 5G807044SR6324537
Mightykandy 2/9/2009 $50.00 2TK69366JX343500H
MHKumar 2/9/2009 $21.00 3D0578784M4536128
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english_august
07-09 09:56 AM
I have read in a few places that we plan to send flowers on 11, and 12th also?
If that is the case then the document has to be updated to include those dates. Also, I suggest collecting emails and fax numbers and assigning a few people to do the actual "sending". This will make it easier to coordinate.
11th and 12th were added later because by Saturday evening when the core team decided to support this campaign, we weren't entirely sure if delivery on the 10th was still possible.
However, majority of flowers are going to be delivered on the 10th so I wanted to keep the focus on that single date.
If you want to go ahead with co-ordinating the actual sending then please go ahead - I think it will be very helpful.
If that is the case then the document has to be updated to include those dates. Also, I suggest collecting emails and fax numbers and assigning a few people to do the actual "sending". This will make it easier to coordinate.
11th and 12th were added later because by Saturday evening when the core team decided to support this campaign, we weren't entirely sure if delivery on the 10th was still possible.
However, majority of flowers are going to be delivered on the 10th so I wanted to keep the focus on that single date.
If you want to go ahead with co-ordinating the actual sending then please go ahead - I think it will be very helpful.
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desi3933
06-27 03:08 PM
Minimum of 6 Months..
Incorrect
As per law one should have intent to work full-time for the employer (or AC-21 employer) at the time of approval. There is no time period specified.
The intent, of course, can change after some time. Lawyers differs on the duration. Some argue it is 90 days, whereas others suggest 180 days or 1 year.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
Incorrect
As per law one should have intent to work full-time for the employer (or AC-21 employer) at the time of approval. There is no time period specified.
The intent, of course, can change after some time. Lawyers differs on the duration. Some argue it is 90 days, whereas others suggest 180 days or 1 year.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
chakri_28
08-13 03:35 PM
I got all my receipt numbers from the cashed checks. Checks cashed on August 9th.
Filed applications at NSC.
Received @ NSC on July 2nd.
Filed applications at NSC.
Received @ NSC on July 2nd.
dkshitij
11-17 03:21 PM
It is correct. We are talking about both kinds of kids. And saying that not having greencard affects the quality of life for the family.
Agreed. better might have been,
"The current long green card delays also cause deeply disturbing quality of life issues even for the children born inside of the US, but whose parents are high skilled immigrants caught in this seemingly never ending delay."
just my two cents.
These changes won't make much difference. Still the email is a very commendable job. Thanks!
Agreed. better might have been,
"The current long green card delays also cause deeply disturbing quality of life issues even for the children born inside of the US, but whose parents are high skilled immigrants caught in this seemingly never ending delay."
just my two cents.
These changes won't make much difference. Still the email is a very commendable job. Thanks!
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