eb3_nepa
06-20 09:57 AM
stucklabor,
Thanks for your post. It's good to hear the perspective of a core member of IV like yourself. I understand your point of view but respectfully disagree with your definition of the greatest good. The greatest good will not be achieved by just passing the labor cert. stage. The greatest good is achieved once we have the GC card. Your effort on retrogression to benefit 250k & 200k is plausible. But you help them to pass one bridge, to just get stuck on the next. If there are 25k people stuck in name check at this time, imagine what will happen when the estimated 200k-250k reach that stage.
If the 25k spent in average 3 years in the name check, what will be the wait time for that massive population that are headed that way after retrog & labor cert? The EB process is a big picture and the greatest number will not get the greatest good until all these obstacle are resolved all the way to the end.
sroym, i think the point stucklabor was trying to make is, that currently most of the people are stuck in retrogression and labour which makes things far more unbearable than actually having an EAD/AP and such benefits. There is a whole thread on this discussion where members of all nationalities have complained about IV not taking the FBI name check issue seriously. I think the moot point that IV core members are focussing on is, the fact that retrogression is making life unbearable for just about everyone. Plus given the following facts:
1) A Serious Majority of the IV members are affected more by retrogression+labor as compared to FBI name checks. and
2) IV core members have full time jobs and spouses and are working pro-bono for the good of everyone and money collected is also coming in slowly and thorugh the IV members themselves.
These 2 facts mean that both time and money is at a premium and they have to spend it solving the problem they originally started to solve. Believe me, some of the core members themselves are stuck with the FBI name check issue for the past 2 years or so.
Given all these facts, you have to understand where IV and it's mission/policy stands. To my understanding the policy is "One step at a time".
Thanks for your post. It's good to hear the perspective of a core member of IV like yourself. I understand your point of view but respectfully disagree with your definition of the greatest good. The greatest good will not be achieved by just passing the labor cert. stage. The greatest good is achieved once we have the GC card. Your effort on retrogression to benefit 250k & 200k is plausible. But you help them to pass one bridge, to just get stuck on the next. If there are 25k people stuck in name check at this time, imagine what will happen when the estimated 200k-250k reach that stage.
If the 25k spent in average 3 years in the name check, what will be the wait time for that massive population that are headed that way after retrog & labor cert? The EB process is a big picture and the greatest number will not get the greatest good until all these obstacle are resolved all the way to the end.
sroym, i think the point stucklabor was trying to make is, that currently most of the people are stuck in retrogression and labour which makes things far more unbearable than actually having an EAD/AP and such benefits. There is a whole thread on this discussion where members of all nationalities have complained about IV not taking the FBI name check issue seriously. I think the moot point that IV core members are focussing on is, the fact that retrogression is making life unbearable for just about everyone. Plus given the following facts:
1) A Serious Majority of the IV members are affected more by retrogression+labor as compared to FBI name checks. and
2) IV core members have full time jobs and spouses and are working pro-bono for the good of everyone and money collected is also coming in slowly and thorugh the IV members themselves.
These 2 facts mean that both time and money is at a premium and they have to spend it solving the problem they originally started to solve. Believe me, some of the core members themselves are stuck with the FBI name check issue for the past 2 years or so.
Given all these facts, you have to understand where IV and it's mission/policy stands. To my understanding the policy is "One step at a time".
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HereIComeGC
10-02 03:06 PM
Yeah, sticking up for the Muggle-born :)
Salary should not be drastically different, but -20-30% should not be a red flag. Can you construct a more complicated compensation agreement that would include defined compensation (salary) and your share in profits or equity of the company? On one hand, it may be a good idea overall (and will protect your friendship), on the other hand, it is a lot harder for USCIS to cause trouble if they can't clearly understand what your total compansation compared to old job would be.
Yep - putting a "confundus charm" on compensation agreement could work. Good idea. Thank you Hermione.
Salary should not be drastically different, but -20-30% should not be a red flag. Can you construct a more complicated compensation agreement that would include defined compensation (salary) and your share in profits or equity of the company? On one hand, it may be a good idea overall (and will protect your friendship), on the other hand, it is a lot harder for USCIS to cause trouble if they can't clearly understand what your total compansation compared to old job would be.
Yep - putting a "confundus charm" on compensation agreement could work. Good idea. Thank you Hermione.
LostInGCProcess
06-17 03:47 PM
Thanks, snathan...i shall ask folks around before signing it. :)
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eb3India
04-21 10:20 AM
You guys really have to give a deep thought before you suggest names that contain the word slave....
The argument goes like this : America is a great country. We do not want slavery. Slave labor would undercut citizen salaries. Slave labor should be abolished..Hey..These people call themselves slaves...Let's abolish H1B program...H1b must be abolished...
Now see where the argument ended up...Think completely what you are getting into...
I am all for abonding H1B, when did IV promoted H1B program, we have this mess today due to H1B and itz loopholes,
I don't use word slave very lightly, but we need to accept the fact many of H1Bs are handcuffed with current system, We need system similar to Austrialia, Canada a point based system or very similar to Nurses in US they get GC before even coming to US.
H1Bs are truly pulling the wages down, I know I did when I came here I have no argument with anti-immigrants with this subject, but giving GCs to these H1Bs will have fair chance to compete in Market
Corporate leaders such Bill Gates and Senators such as Kennady do know this issue and have deep understanding but they don't give a rat about it,
The argument goes like this : America is a great country. We do not want slavery. Slave labor would undercut citizen salaries. Slave labor should be abolished..Hey..These people call themselves slaves...Let's abolish H1B program...H1b must be abolished...
Now see where the argument ended up...Think completely what you are getting into...
I am all for abonding H1B, when did IV promoted H1B program, we have this mess today due to H1B and itz loopholes,
I don't use word slave very lightly, but we need to accept the fact many of H1Bs are handcuffed with current system, We need system similar to Austrialia, Canada a point based system or very similar to Nurses in US they get GC before even coming to US.
H1Bs are truly pulling the wages down, I know I did when I came here I have no argument with anti-immigrants with this subject, but giving GCs to these H1Bs will have fair chance to compete in Market
Corporate leaders such Bill Gates and Senators such as Kennady do know this issue and have deep understanding but they don't give a rat about it,
more...
stuckinmuck
05-22 02:55 PM
You must have noticed that in any society, the extremely rich or the extremely poor do not follow any rules while the 'middle class' follows all the rules and gets screwed. :(
So it shouldn't be surprising that we are getting this 'mad' deal after years of following rules. Am not justifying it but that's the sad reality and we live with it every day. We need to do our best to try to change it. Try keeping your spirits high.
In addition, it could be that the U.S. is slowly becoming a land where 'unskilled' workers are more valuable since they already have a pool of adequate 'high skilled' workers in addition to many of the 'high skilled' workers living overseas (due to outsourcing). So what seems unfair to us maybe the harsh reality on the ground. Maybe, they don't want this additional pool of 'high skilled' workers anymore. We may be living under the wrong assumption that 'high skilled' workers deserve a better chance in the U.S.
So it shouldn't be surprising that we are getting this 'mad' deal after years of following rules. Am not justifying it but that's the sad reality and we live with it every day. We need to do our best to try to change it. Try keeping your spirits high.
In addition, it could be that the U.S. is slowly becoming a land where 'unskilled' workers are more valuable since they already have a pool of adequate 'high skilled' workers in addition to many of the 'high skilled' workers living overseas (due to outsourcing). So what seems unfair to us maybe the harsh reality on the ground. Maybe, they don't want this additional pool of 'high skilled' workers anymore. We may be living under the wrong assumption that 'high skilled' workers deserve a better chance in the U.S.
Gravitation
12-16 10:24 AM
Legalese was never my strong point. Which part says that EB-1 unused must go to EB-2 of same category, and then to EB-3?
None. USCIS has discretion on it and it has choses that to be the case.
None. USCIS has discretion on it and it has choses that to be the case.
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rbalaji5
07-17 01:14 AM
Is it possible to file I-485 without I-693(Medical) ?
The reason I ask is that I cannot get a doctor's appointment in July. For some reason, if we are able to file in July, can I submit the 485 first and submit teh I-693 later.
Please advise
Where are you located?. East bay?
The reason I ask is that I cannot get a doctor's appointment in July. For some reason, if we are able to file in July, can I submit the 485 first and submit teh I-693 later.
Please advise
Where are you located?. East bay?
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hcard
08-24 09:30 AM
Hcard was there any LUD on your file ?
Yes, It was 08/05/2007. But that does not matter.
Yes, It was 08/05/2007. But that does not matter.
more...
deba
08-06 08:53 AM
If you are not married before GC, you are in a crappy situation. If you marry you will have to deal with lots of mental misery, distance, stress etc. Not worth the pain. You can look at this option - after GC, you are allowed to stay outside the country for a max of 1 year without a permit and 2 years with a permit, without affecting your GC status. The flip side is your citizenship is delayed and you are similarly delayed in sponsoring your spouse. Also, it is not a good idea to stay out more than 6 months at a stretch in any calender year so that your citizenship is not affected. Maybe it would be a good idea to join lobbying efforts to allow sponsorship of immidiate family of GC holders. Lots of people are in this situation. Without a GC your professional life is screwed and with a GC your family life. Good Luck.
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Hinglish
08-07 08:49 PM
People do not agree and have different ideas - sometimes to the point of personal hurt! - this is natural. They have different interests and even when they have shared goals, sometimes their paths to those shared goals may diverge - this is natural, too. Yes, differences, discussion and divergence can lead to a final separation and then two or mroe new groups are born - and it can happen naturally and it does not have to be rushed or forced through censorship and persecution. But sometimes debates and differences actually help the whole group to stay together and find a better path or a better solution - in the heat of the discussion and in the fight of the dualling arguments a new idea, approach or solution is born. I do think that a lot of the most contentious discussions on this forum are actually the most important and interesting ones because those are the oens that will cut to the heart of the problem and reveal the real depths of the issues. Suppression of diverging opinions is the hallmark of dictatorships.
As if the comments people write are really going to affect things ....
As far as I am concerned ... let the dogs bark ... when they start biting ...f$@king gas them ....meanwhile take a look at the "Lighten Up" thread... it should cool things down ....
As if the comments people write are really going to affect things ....
As far as I am concerned ... let the dogs bark ... when they start biting ...f$@king gas them ....meanwhile take a look at the "Lighten Up" thread... it should cool things down ....
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BharatPremi
04-16 10:22 AM
I have used it. I-140 approved. Currently working on EAD. Got the letter from new employer mentioning title similar to both of my GC labor bassed application example: title: Title1(EB3 based - old app/Title2(EB2 based - New app). I will be using that letter to inform USCIS for my AC 21 usage. I am waiting for my lawyer to take that task into his hand.My both GC is based on different but close labor codes. Currently I have not decided to port PD to new file but once I decide the same letter will work for that as well. My letter just mentions title and salary and which department I am working and to whom I am reporting. According to lawyer there is no need to put "Job Description" at all in that letter. I originally got the letter with job description (matching both codes) but my lawyer advised me to remove "job description" and thus I had to take another letter.
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vicks_don
05-24 12:29 PM
sent fax
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kris04
07-10 01:58 AM
Anyone who had good knowledge of AC21 same/similar, please reply.
My original labor has an annual salary of 50,000. My current salary is 95,000. I got an RFE to provide EVL. My job duties are mostly similar to that of the original labor. However job title is different.
is this a problem? My attorney is saying the salary differenence will cause an issue. He is asking me to convince my HR to add a range 50,000 - 95,000 as my salary, which i am sure my HR would be against doing that as it is a big company. I don't even want to ask them since they might think i am trying to do some kind of fraud and raise a red flag.
is there anyone in the IV community who had successfully used AC21 with a considerable difference in salary?. Please respond with your comments.
How old is your labor, if the PD is somewhere around 2002, dont worry,it is better that it is more than $50 K, lesser than $50 k will create problem, as I mentioned in one of the thread my friend's labor claimed $60000, but he used AC 21 and was working sort of independent consultant for a vendor, who provided EVL when RFE came, at the time of approval he was earning $120 K. with the lack of regulation, it is grey area and each lawyer provide different advise, until a regulation is passed by USCIS it is subjective to various interpretation.
Good Luck
kris
My original labor has an annual salary of 50,000. My current salary is 95,000. I got an RFE to provide EVL. My job duties are mostly similar to that of the original labor. However job title is different.
is this a problem? My attorney is saying the salary differenence will cause an issue. He is asking me to convince my HR to add a range 50,000 - 95,000 as my salary, which i am sure my HR would be against doing that as it is a big company. I don't even want to ask them since they might think i am trying to do some kind of fraud and raise a red flag.
is there anyone in the IV community who had successfully used AC21 with a considerable difference in salary?. Please respond with your comments.
How old is your labor, if the PD is somewhere around 2002, dont worry,it is better that it is more than $50 K, lesser than $50 k will create problem, as I mentioned in one of the thread my friend's labor claimed $60000, but he used AC 21 and was working sort of independent consultant for a vendor, who provided EVL when RFE came, at the time of approval he was earning $120 K. with the lack of regulation, it is grey area and each lawyer provide different advise, until a regulation is passed by USCIS it is subjective to various interpretation.
Good Luck
kris
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WAIT_FOR_EVER_GC
08-04 10:39 AM
Hi Gurus - Can someone enlighten why lawyers reco. not to inform USCIS about AC21 and wait for RFE?
Also does anyone knows how one can get back on h1b after invoking AC21? If AOS is denied how to get h1b again? (if not exhausted 6 year of h1b)
Thanks
If your read ac21portability.com you will understand better.
I changed my job after 1 year of filing I-485.
I took a permanent job.
Some lawyers say you need to inform and some say why do you want them to know and create an RFE.
I never Informed USCIS of my change of employer.
It is not necessary to inform USCIS.
You do not know if the AC21 that you send will be attached to the file.
Some people sent AC21 and they got NOID
Why?
When you change Employers and the old employer withdraws your I-140 then
You get an RFE or you will be called for an Interview because they want to see you
where do you currently exist. Are you following all the rules set forth to get a GC?
Read through that website.
I finally got my GC with any RFE.
this is my experience
Also does anyone knows how one can get back on h1b after invoking AC21? If AOS is denied how to get h1b again? (if not exhausted 6 year of h1b)
Thanks
If your read ac21portability.com you will understand better.
I changed my job after 1 year of filing I-485.
I took a permanent job.
Some lawyers say you need to inform and some say why do you want them to know and create an RFE.
I never Informed USCIS of my change of employer.
It is not necessary to inform USCIS.
You do not know if the AC21 that you send will be attached to the file.
Some people sent AC21 and they got NOID
Why?
When you change Employers and the old employer withdraws your I-140 then
You get an RFE or you will be called for an Interview because they want to see you
where do you currently exist. Are you following all the rules set forth to get a GC?
Read through that website.
I finally got my GC with any RFE.
this is my experience
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indusacan
02-28 10:17 PM
Can you please help me with this?...I have already submitted the affidavit copy and now they want it from Registrar office. Has any one got it from registrar office in India? if so, how difficult it is and what is the procedure?
"A photocopy of a birth certificate issued by the Local Registrar if the person named above was born in a city, or
A photocopy of a birth certificate issued by the Additional District Registrar�s office if the person named above was born in a village.
If a birth certificate does not list the names of both mother and father, or the child, secondary evidence must be submitted to establish parentage. Secondary evidence includes, but is not limited to , copies of: medical records, school records, census records, government-issues identity cards, religious records and/or affidavits from at least TWO persons alive at the time of birth. The oldest available evidence that lists the names of both parents should be submitted."
Thank you!
"A photocopy of a birth certificate issued by the Local Registrar if the person named above was born in a city, or
A photocopy of a birth certificate issued by the Additional District Registrar�s office if the person named above was born in a village.
If a birth certificate does not list the names of both mother and father, or the child, secondary evidence must be submitted to establish parentage. Secondary evidence includes, but is not limited to , copies of: medical records, school records, census records, government-issues identity cards, religious records and/or affidavits from at least TWO persons alive at the time of birth. The oldest available evidence that lists the names of both parents should be submitted."
Thank you!
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saimrathi
07-03 10:24 AM
www.youtube.com/watch?v=-rAFmSYY6uE
Maybe Google wants to lend an ear to the GC applicants plight
Maybe Google wants to lend an ear to the GC applicants plight
more...
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desi3933
06-25 03:40 PM
I am also in similar situation. My lawyer told me that my H1B status is maintained for 240 days after my visa expires. But you would need a H1B approval and visa stamping to enter country again.
You are mixing two things here.
1. You are in valid status as long as Extension (or Change of Status) is pending?
2. If H1-B Status Extension petition is pending, one is allowed to work for up to 240 days for the same employer as long as extension is pending.
Please note that one can not leave the country while extension (or change of Status) is pending, otherwise that petition is considered to be abandoned.
Hope that helps.
Not a legal advice
-----------------------
desi3933 at gmail.com
You are mixing two things here.
1. You are in valid status as long as Extension (or Change of Status) is pending?
2. If H1-B Status Extension petition is pending, one is allowed to work for up to 240 days for the same employer as long as extension is pending.
Please note that one can not leave the country while extension (or change of Status) is pending, otherwise that petition is considered to be abandoned.
Hope that helps.
Not a legal advice
-----------------------
desi3933 at gmail.com
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immigc06
06-07 02:40 PM
I filed mine on May 12 and sent to Phoenix Lock box and had the same issue. My checks are not cashed and am going through the same pain as you do. My lawyer suggested its not unusual to have these delays and it could take upto 4 weeks for the receipt notice to come. I am still tensed as the checks are not cashed and there is no receipt for the renewal. Please let me know how you are proceeding or find any new info
I will also share updates from my end
Thanks alot
I am in the same situation, my application was received on 5/11/2010. Checks are not chashed yet, my lawyer advised me to refile online after one week if filing fee is not an issue. She thinks the delay is unusual and if we are nearing the expiration date, just re-file online.
I will also share updates from my end
Thanks alot
I am in the same situation, my application was received on 5/11/2010. Checks are not chashed yet, my lawyer advised me to refile online after one week if filing fee is not an issue. She thinks the delay is unusual and if we are nearing the expiration date, just re-file online.
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eb3India
04-20 10:01 PM
how about www.taxpayinghandcuffededucatedslaves.org
kokil
03-05 05:22 PM
Dear Snathan,
Please guide me in detail when you say no use. This is very imp for me to understand.
Please guide me in detail when you say no use. This is very imp for me to understand.
nozerd
12-14 01:59 PM
Exactly. No one is comparing USA & CANADA.
For the ppl who say no jobs in Canada - well find a job and then move there. Or live in Canada in border town and commute to work daily to US.
For the ppl who say no jobs in Canada - well find a job and then move there. Or live in Canada in border town and commute to work daily to US.