franklin
04-13 08:44 PM
hey guys I think its OK now to call IV as Indian organization with this bulltin and per their statement there is a good chance that ROW will move ahead and we will be stuck EB3 India in particular
If you don't stop saying comments like this, you'll totally alienated people like me. It is a global issue, doesn't matter where you are from. People from all nationalities are affected. Oh guess what, it wasn't just Indian nationals who saw no movement.
Or, if you truly feel this way, I'll take my donations elsewhere, and I'll stop meeting with lawmakers on everyone's behalf.
If you don't stop saying comments like this, you'll totally alienated people like me. It is a global issue, doesn't matter where you are from. People from all nationalities are affected. Oh guess what, it wasn't just Indian nationals who saw no movement.
Or, if you truly feel this way, I'll take my donations elsewhere, and I'll stop meeting with lawmakers on everyone's behalf.
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JA1HIND
01-27 09:54 PM
Your case is a bit different, I am not sure if you could avoid paying back as GC process is for your benefit so a company could request a pay-back, even though amount is a bit high and you did not get anything in return. I would compare it to a situation where company gives an employee a laptop and expect person to return it when s/he leaves a company.
helloh1's clause is different - company receives benefits by training its employees so it's just plain wrong to request a pay back in that case.
So just forget about it and move on, we all make mistakes and here in the US those mistakes usually cost money.
Thank you "lazycis" I agree with you and take your advise and let this go and be more cautious moving forward!
Once again I really appreciate for all the folks out there who looked into my request and your great posts!
helloh1's clause is different - company receives benefits by training its employees so it's just plain wrong to request a pay back in that case.
So just forget about it and move on, we all make mistakes and here in the US those mistakes usually cost money.
Thank you "lazycis" I agree with you and take your advise and let this go and be more cautious moving forward!
Once again I really appreciate for all the folks out there who looked into my request and your great posts!
go_guy123
12-20 03:13 PM
Was this is a change in the procedures of USCIS? If yes, could we not request them to increase the length of the EAD from 1 to 5 years? This will help many of us too. I need to get my DL renewed every year along with the EAD.
Well there was court case related what constitues the 6 years where court said that only period of stay on H1b in US (so period of stay outside US on H1b) doesnt count.
So the law didnt change its the interpreation of law that was changed by the court case.
Same logic goes with H4 (they dont work on H1B ) so it was a matter of time someone would also challenge that on court and win.
uscis decided to do that based on the interpreation of course case
http://www.murthy.com/news/n_aaoall.html
Based one that even this one could have been challenged.
Well there was court case related what constitues the 6 years where court said that only period of stay on H1b in US (so period of stay outside US on H1b) doesnt count.
So the law didnt change its the interpreation of law that was changed by the court case.
Same logic goes with H4 (they dont work on H1B ) so it was a matter of time someone would also challenge that on court and win.
uscis decided to do that based on the interpreation of course case
http://www.murthy.com/news/n_aaoall.html
Based one that even this one could have been challenged.
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nag2007
02-08 04:06 PM
I dont see any light at the tunnel. PDs will not move until they allow 485 filing even PD is not current.
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.soulty
02-03 06:22 AM
placed my vote, all entry's were awesome, well done everyone. :smirk:
sanbaj
05-05 03:26 PM
Hi,
Here is my situation:
Company A:
EB2 PD Aug 2006
140 Approved
485 Applied July '07 (Got EAD and AP for myself and wife. I am still on H1B but wife used EAD)
Still working with Company A and intend to work with them for another couple of years.
Company B:
EB2 PD Nov 2005 (Substitution labor)
140 Approved.
Can I interfile or do the PD porting so that I can get the older PD? If so, do I have to work for Company B?
I dont have a copy of the LCA and I may not have the original of the approved 140. Can I use a copy of 140 approval notice to apply for the interfile?
Do I need any kind of document from Company B like employment letter in future ?
Does the PD need to be current to interfile?
Do I need to work for Company B?
Does this process in anyway create problems for my current 485 status? My wife used EAD but I have been on H1B with the company that filed for my 485.
I already completed 180 days after filing 485. So, I can use AC21. Will this interfiling process have any impact on that?
How would I know that interfiling process completed successfully?
If USCIS denys the interfile I submitted, does that have any impact on my current 485 process?
If I want to use AC21, does that new job need be similar to Company A or Company B job requirement?
Thank you everyone..
My case is similar to yours except for me the company was the same for both I140s. The only thing my lawyer sent with the request was the Original I140 Approval Notice on the Second (Older PD) I140 (In your case that is Company A's I140). When the AOS application was filed, the Original I140 of Company A was used. The basic content of the letter is already explained in previous posts on this thread. Read them carefully. Also, consult a prudent and capabale lawyer who has some experience in successful Interfiling cases.
If both the I140s are approved on your name, there should be no issue as they have already done all the work related to Proferred Wage, DOL work categories (SOC codes), etc. AOS is just for adjustment into PR status on the basis of approved I140, of which you have two.
I am no lawyer, therefore, please consult a good lawyer to make sure all your questions are answered.
Hope this helps.
Here is my situation:
Company A:
EB2 PD Aug 2006
140 Approved
485 Applied July '07 (Got EAD and AP for myself and wife. I am still on H1B but wife used EAD)
Still working with Company A and intend to work with them for another couple of years.
Company B:
EB2 PD Nov 2005 (Substitution labor)
140 Approved.
Can I interfile or do the PD porting so that I can get the older PD? If so, do I have to work for Company B?
I dont have a copy of the LCA and I may not have the original of the approved 140. Can I use a copy of 140 approval notice to apply for the interfile?
Do I need any kind of document from Company B like employment letter in future ?
Does the PD need to be current to interfile?
Do I need to work for Company B?
Does this process in anyway create problems for my current 485 status? My wife used EAD but I have been on H1B with the company that filed for my 485.
I already completed 180 days after filing 485. So, I can use AC21. Will this interfiling process have any impact on that?
How would I know that interfiling process completed successfully?
If USCIS denys the interfile I submitted, does that have any impact on my current 485 process?
If I want to use AC21, does that new job need be similar to Company A or Company B job requirement?
Thank you everyone..
My case is similar to yours except for me the company was the same for both I140s. The only thing my lawyer sent with the request was the Original I140 Approval Notice on the Second (Older PD) I140 (In your case that is Company A's I140). When the AOS application was filed, the Original I140 of Company A was used. The basic content of the letter is already explained in previous posts on this thread. Read them carefully. Also, consult a prudent and capabale lawyer who has some experience in successful Interfiling cases.
If both the I140s are approved on your name, there should be no issue as they have already done all the work related to Proferred Wage, DOL work categories (SOC codes), etc. AOS is just for adjustment into PR status on the basis of approved I140, of which you have two.
I am no lawyer, therefore, please consult a good lawyer to make sure all your questions are answered.
Hope this helps.
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snathan
08-18 04:41 PM
Sorry - for some reason the post showed up as new on my PC and I did not notice the date. This is evaluation advice and certainly not an ad. It is important that everyone understand what they need as many attorneys make mistakes. It was free advice. That is my only reason to be here. The vast majority of my business comes from attorneys and firms. If you can tell me how I can help and not have you think it is an ad each time, then I will do so. I see so many bad situations that could have been avoided if everyone were just a bit more informed. That is all I seek to do here.
Thanks for your advice. But no thanks for your so called community service. I am just wondering how come a eight months old thread showed in your PC suddenly and automatically. Basically you are ruining your reputation by your cheap tricks. In fact I had a good respect for you before you started posting here and recommended some of friends to you. But no longer. I will write to admins to ban you...you also proved not interested to pay for ad here and want a free meal. The reason everyone thinks you are looking for business here...you never give any elobrative answer. All the time you are asking people to contact you privately. But no thanks.
Thanks for your advice. But no thanks for your so called community service. I am just wondering how come a eight months old thread showed in your PC suddenly and automatically. Basically you are ruining your reputation by your cheap tricks. In fact I had a good respect for you before you started posting here and recommended some of friends to you. But no longer. I will write to admins to ban you...you also proved not interested to pay for ad here and want a free meal. The reason everyone thinks you are looking for business here...you never give any elobrative answer. All the time you are asking people to contact you privately. But no thanks.
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go_guy123
11-03 01:40 PM
I can't get you "Green" card fast...but this "green" I think I can:)
Thank you Leo and others for greens....I hope piecemeal will arrive soon.
Thank you Leo and others for greens....I hope piecemeal will arrive soon.
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payur
06-28 09:36 PM
rajakannan , since you started the thread and you called for this, please tell us the plan and strategy. What do you think will be the best option so we can spread the word?
come on buddy, we just have 2 more days, we should plan by then. why are you sleeping at this time. you should be working 24 x 7.
come on buddy, we just have 2 more days, we should plan by then. why are you sleeping at this time. you should be working 24 x 7.
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thomachan72
05-17 09:20 AM
Give me a break! Do you know how many of these H1s procurred by the infosys / whatever will never be used during fy 08? you are right about demand and requirement etc, however, it should not be at the expense of other businesses. This policy of mass application is like getting an anticipatory bail that criminals rely on. Use it or not use it, either way you gain, right? I am not against infosys getting visas but am defenitely against mass visa applications by these and the head hunters. Why do you need middle men? are we going back to slave trading era? read the msn today and you will find an Indian couple (millionares) who kept slaves in their homes and are now behind bars. Watch the different forums and see how many complaints are comming up against the employers by software guys (not paying enough, not giving food, no paychecks for 10 months, threatening to fire /sue bla bla bla). Dont you feel sad when you read these?? I know people in software working on very very low salary. Why? think about it. Its time for the senators to really examine who claims all the H1s and I strongly support that. I even say that the H1 beneficieries salary should be linked to the INS in someway so that they immediately know when this person is not being paid or is laid off etc. Man, this is almost a mafia now.
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tabletpc
01-06 01:24 AM
Venky08,
I was about to hit bed. Reading your translation...i lost my sleep..:):):):).!!!!! Reminds me of translations made in hindi movies which comes with funny sub titles..!!!!
reminds me of a popular hindi maxim:
"Shadi aisa laddoo hai jo khaye wo pacchataaye, jo na khaye wo bhi pacchataaye"
loosely translated in english it means
Marriage is a desert which if somebody eats it, he will repent and if somebody does not eat it, will repent too...
(thank god my 5th grade english teacher is no more in this world to see this day...he must be rolling in his grave seeing my poor english translation skills:D)
I was about to hit bed. Reading your translation...i lost my sleep..:):):):).!!!!! Reminds me of translations made in hindi movies which comes with funny sub titles..!!!!
reminds me of a popular hindi maxim:
"Shadi aisa laddoo hai jo khaye wo pacchataaye, jo na khaye wo bhi pacchataaye"
loosely translated in english it means
Marriage is a desert which if somebody eats it, he will repent and if somebody does not eat it, will repent too...
(thank god my 5th grade english teacher is no more in this world to see this day...he must be rolling in his grave seeing my poor english translation skills:D)
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chanduv23
11-09 04:16 PM
Me filed on July 18th, no FP yet, got 485 RN on September 11th and got EAD and AP but no FP notice
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smuggymba
11-03 08:04 AM
Sen Reid and Grassley win. I was hoping they would lose badly.
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itsmedude
02-12 04:46 PM
Hi all,
Mine is a different situation, i was with my employer till mid of last year and did not inform him while leaving his company and joined another job (h1 transfer) he is now saying that the vendor did not pay him some money and i have to pay that amount and he is demanding that amount for my W-2.
He also said that he would take legal action if i didnot pay his losses ( i did not sign any document with him other than my h1b papers) no agreements,
I am going to call IRS after feb15, but is he going to go to court?
Please suggest me.
Thanks
Mine is a different situation, i was with my employer till mid of last year and did not inform him while leaving his company and joined another job (h1 transfer) he is now saying that the vendor did not pay him some money and i have to pay that amount and he is demanding that amount for my W-2.
He also said that he would take legal action if i didnot pay his losses ( i did not sign any document with him other than my h1b papers) no agreements,
I am going to call IRS after feb15, but is he going to go to court?
Please suggest me.
Thanks
more...
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longq
12-29 10:56 AM
I tend to agree with your interpretation that "NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE" refers to those beyond 140K. The language of law is always beautiful, isn't it?:)
Anyhow, I still think it merits a deeper investigation and consultation with attorneys.
No one analysed the statue of the language used in 202 5 a.
If the total number of visas available under paragraph (1), (2), (3), (4), or (5).
The key is OR. If the the intension of the language is total demand is less than 140,000, then it would have been "If the total number of visas available under paragraph (1), (2), (3), (4), and (5)"
The language used in the 202 5 a, explicitly defines each preference catagory seperatly. Also it says "the visas made available under that paragraph shall be issued".
For example the unused visas by EB1, let us assume 10,000.
The visas avaliable in EB2 is 40,000 as per 203 b 2.
Therfore the total visas in EB2 is 50,000.
If the total demand is less than 50,000 in EB2 (India+Cina+ROW), the 7% quota is not applicaple.
This is the very direct, simple interpretation of 202 5 A.
Therefore one cannot (EB3-ROW) interpret, for their convenience. Thats why I suggest the IV to discuss with experinced attorney and make a enquiry with law makers or DOS, if required. Otherwise (if it is wrong it is a big blow to India and China). We will get only 2800 per year.
Anyhow, I still think it merits a deeper investigation and consultation with attorneys.
No one analysed the statue of the language used in 202 5 a.
If the total number of visas available under paragraph (1), (2), (3), (4), or (5).
The key is OR. If the the intension of the language is total demand is less than 140,000, then it would have been "If the total number of visas available under paragraph (1), (2), (3), (4), and (5)"
The language used in the 202 5 a, explicitly defines each preference catagory seperatly. Also it says "the visas made available under that paragraph shall be issued".
For example the unused visas by EB1, let us assume 10,000.
The visas avaliable in EB2 is 40,000 as per 203 b 2.
Therfore the total visas in EB2 is 50,000.
If the total demand is less than 50,000 in EB2 (India+Cina+ROW), the 7% quota is not applicaple.
This is the very direct, simple interpretation of 202 5 A.
Therefore one cannot (EB3-ROW) interpret, for their convenience. Thats why I suggest the IV to discuss with experinced attorney and make a enquiry with law makers or DOS, if required. Otherwise (if it is wrong it is a big blow to India and China). We will get only 2800 per year.
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hiralal
04-21 08:50 PM
I want to bring out the plight of legal immigrant community that has been silently suffering the consequences of a broken immigration system. It really baffles me that all the focus in immigration debate is on ILLEGALS when highly educated LEGAL immigrants who play by the rules, pay taxes and follow the law are left in the lurch. Attending to legal immigrants plight will also send a positive signal to the ILLEGAL community to see the perks of being LEGAL. Right now, it seems more rewarding to be ILLEGAL than pursue the LEGAL route towards immigration. What an irony!
The country based quotas imposed on Employment Based green cards are not only unfair but self defeating because the benchmark is country of origin and not qualification! Since these EB category based green cards are awarded for professional skills, imposing a country based quota just does not make any sense. I urge you to work with Congress and change this discriminatory policy and reinforce that America is truly a society that celebrates meritocracy.
The immigrant community is really looking at President Obama to deliver on his promise of CHANGE - Change that we can believe in.
good initiative ..I have sent the email and I will be asking my wife to call all her friends and spread the word. guys do the same.
I also mentioned that I wanted to buy a house since a long long time but I cannot buy because of gc delays
The country based quotas imposed on Employment Based green cards are not only unfair but self defeating because the benchmark is country of origin and not qualification! Since these EB category based green cards are awarded for professional skills, imposing a country based quota just does not make any sense. I urge you to work with Congress and change this discriminatory policy and reinforce that America is truly a society that celebrates meritocracy.
The immigrant community is really looking at President Obama to deliver on his promise of CHANGE - Change that we can believe in.
good initiative ..I have sent the email and I will be asking my wife to call all her friends and spread the word. guys do the same.
I also mentioned that I wanted to buy a house since a long long time but I cannot buy because of gc delays
more...
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logiclife
03-21 12:28 PM
Thanks for doing that.
State chapters are a great mechanism to communicate with other members in your state and district. Please use that if it works for you.
However, if you cannot find someone to go with you, then go alone. Many of the meetings we do in Washington, sometimes we get appointments from 2 or 3 offices at the same time. In that case we split up and only one person goes to meet the lawmakers or staffers. But we cannot lose opportunities or miss opportunities.
So go alone if there is no one else in your district to go with you.
State chapters are a great mechanism to communicate with other members in your state and district. Please use that if it works for you.
However, if you cannot find someone to go with you, then go alone. Many of the meetings we do in Washington, sometimes we get appointments from 2 or 3 offices at the same time. In that case we split up and only one person goes to meet the lawmakers or staffers. But we cannot lose opportunities or miss opportunities.
So go alone if there is no one else in your district to go with you.
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rayoflight
04-13 05:50 PM
Great Job guys. I am proud to be an Active IV member.
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emulux
12-29 01:38 AM
I tend to agree with your interpretation that "NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE" refers to those beyond 140K. The language of law is always beautiful, isn't it?:)
Anyhow, I still think it merits a deeper investigation and consultation with attorneys.
INA 202 (a) (5) (A)
EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
Please read the above section carefully. The additional visas mentioned above refers to visas in excess of 140k visas set by the annual quota; i.e. it refers to recaptured visa numbers, IMHO.
Anyhow, I still think it merits a deeper investigation and consultation with attorneys.
INA 202 (a) (5) (A)
EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
Please read the above section carefully. The additional visas mentioned above refers to visas in excess of 140k visas set by the annual quota; i.e. it refers to recaptured visa numbers, IMHO.
mallu
11-30 12:21 AM
People with '01/'02 PD's getting GCs before the rest is a bad thing because .....?.
GC08
04-14 08:08 PM
This is so depressing ...
Are they still talking about increasing H1Bs? That will create a bigger mess and those new H1Bs will have to wait 20 years before they can apply I485. Hopefully those who wish to come here as H1B will know the reality and won't be "trapped" as some of us have.
If they are still coming, that would be... well... hopeless. :rolleyes:
Are they still talking about increasing H1Bs? That will create a bigger mess and those new H1Bs will have to wait 20 years before they can apply I485. Hopefully those who wish to come here as H1B will know the reality and won't be "trapped" as some of us have.
If they are still coming, that would be... well... hopeless. :rolleyes:
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