But the reason why elimination proposal came in is because of fraud and not because of unfair ness to people who are in line or FIFO because of transfer of PD. DOL and USCIS noticed that companies are sellling Labors which is fraud. There was some memo that USCIS will not publish until last quarter, soeveryone expected the rule will become effective by August September time frame. But I have not read anything as of today that the USCIS published anything in Federal register relatting substituion elimination.
Probably we should wait and watch. My guess is that something may come by October 1st, 2006. Only an assumption.
Even if I had said that there is fraud and corruption in India, it would not be considered as a racist comment. Every year Transparency International generates a list of most corrupt nations. Ever wonder why India is on that list. Ever wonder why out of all places only in India US visa officers are instructed to do technical interview for IT visa applicants? You are living in complete denial and trying to play the race card whenever you get an opportunity.
Fraud and corruption is prevalent everywhere incuding India and a prepondernece of the bodyshops are nothing but a factory of producing overnight "IT Talents". Accept this is as one of the problem of this retrogression.
Don't make corruption in India as an incentive to thrash Indians. Majority of Indian H1b/L1 like any other community are well skilled professionals. It should not give you an incentive to thrash Indians or India. I am sure you belong to India and I am pretty depressed to see some one trash his own country to get some cheap publicity on this blog. I am not playing a race card but Yes I will defend Indians or Chinese for any attacks by bigots like you.
Here is my situation, any help to resolve this is appreciated.
- My self (primary) & my wife's(derivative) I-485's (PD June 2002) were filed in March 2007.
- My I-485 was approved in July 2007, my wife's was pending due to NC.
- My wife's employer filed PERM (PD June 2007) & then filed I-140 in March 2008.
- We recently contacted NSC regarding my wife's case status, we received a letter from them stating that, her I485 is waiting for I-140 to get approved.
They linked her new I-140 to her pending I-485 that was filed as derivative.Is this USCIS error?.How to correct this error and have them consider her I-485 application as a derivative application?.
Thanks for your help.
[COLOR="Blue"]Your attorney should get in touch with the USCIS.This situation can be sorted out with informing the USCIS. In case you require any assistance please get in touch with me.
Thanks for your response.My attorney sent a letter explaining the situation along with relevant documents.How long does it take to get updated?.It's been 3 week s and i still don't see any updates to the case.
How can i get your contact info?.
We have to push Congress for changes, not courts. Some laws can and should be challenged, but this is not the case.
Good Things about IV
1. IV Core does not conduct its business in the forum. They learnt this lesson a long time ago.
2. All their work is done in the donor forum and behind the scenes by volunteers
3. If they feel that any idea is worth pursuing they invite that person (with the idea) behind the scenes and pursue that idea
4. All the work is done by IV members themselves because they are helping themselves
5. IV members are investing time and money to do work which impacts a large number of immigrants
6. That is a professional way to do stuff and i admire the way work is done at IV
Concerns of IV
1. IV always states about the lack of will of people to do something for themselves
2. IV always states that people just comment on forum but do not step forward to do stuff
3. IV always says that people do not donate enough and without donation a grassroot organization will not survive
What IV is doing wrong
1. IV talks about a holistic approach whereby the benefit to EB community will trickle down and once EB2 will become current EB3 will get benefit of spillover
2. IV is assuming EB2 will become current but with the number of indians coming to USA and number of indian students who will graduate from MS courses in USA over the next 5 years EB2I will always be backlogged
3. Plus we are not even talking about EB2 ROW and EB3ROW demand which could go up
4. Supporting the DV 55k bill to US educated GC applicants on the whole looks like a great plan. Sure here are 55k and here are about 150 k GC applicants. 150 - 50 IS 100 K. So if the bill passes we reduce the backlog by 50 k. Now i will am one of the person who will be getting a GC because i am US educated but my opposition to this bill is on principle
5. What IV has to realise is that it is not only IV members specifically but it is a whole lot of non IV members who are EB3 who have been a bigger person in this whole immigration retorgression advocacy scheme of things till now.
How let me explain. We have seen EB3 persons from 2002 who are still waiting for GC and who are not getting spill over visas because EB2 is using up all the spill over visas. So do you see any EB3 now complaining about the rule change supported by IV and made by USCIS whereby EB2 gets spill over visas. NO we do not see any EB3 complaining. That is because EB3 as a whole understands that that rule in the past being interpeted in a wrong way and the current way is the correct interpetation. Sure the old method gave EB3 some extra spill over visa benefit but the new interpetation caused EB3 to dry up compleletly. Now that in itself is against the very nature of self preservation by definition, But EB3 went along for the greater good
What IV can do right
1. Now we have this 55K DV Bill. This is something different from the spillover (which is law and cannot be changed). This is one time oppurtunity to alieviate the sufferings of EB group as a whole. So can IV which is supposed to be talking for the whole EB community do the right thing here and ensure (with advocacy they are so good at) that IV's stand is that 55K visa are given to all GC applicant from retrogressed countries based on oldest priority date first irrespective of EB2 and EB3.
2. The concequence of such a move is that long retrogressed EB applicants will get relief (Which is one of the point IV talks about in their charter)
3. Sure Many US educated applicants from EB2 and EB3 will oppose this move because lets face it, this move impacts their getting GC sooner. And if they behave like that they are in the same category as EB2 guys on this forum who do not entertain any idea which will impact their getting GC soon.
What wil happen if IV does the above
1. The DV 55K bill will NEVER pass in congress. This along with the other bills we have seen will bite the dust because no one in the current economic scenario would like to see more immigrants (US educated or not)
2. The DV 55K bill will fail but IV would have achieved what it has failed to do till now. Get the support of EB3 community which they claim to represent.
How how does this work. This is a suggestion for discussion NOT a diktat to IV core to implement. If IV core does not allow discussion on this (and moderate this because frankly some of your existing advocacy group members and volunteers do not know what a discussion is and come out both fists swinging) then that is IV core perogative. they have that right since this is their system and they worked hard for it, and they believe what they say is right.
One question i do have for all the members who have argued with me here. Have you seen all the discussion i have participated under and my other posts. Please do that before yelling that i was a member since 2006 and freeloader and all that. You need to do this because if i am you enemy (Scounderal, Liad weed, Anti Immgrant, Future USA etc) then don't you think to know your enemy is better.
On a funny flip side ...............................
How will this be treated by the current members
Ohh He is a liar, cheat, sounderrl, absurer, voilent person, free loader, smooch, weed, Anti Immgrant, future USA and other unspeakable things
By the way guys i am a She not a He
I tried to determine, on a separate thread, the wait times for EB-2 India, EB-3 ROW, and EB-3 India.
ANd I failed miserably. My models didn't make much sense. So I quit trying to come up with a reasonable, mathematical, estimate on the wait times.
The reason I was trying to determine wait times, was so that I could then convince people to join and contribute for IV. Basically, a media campaign, geared towards our base.
Anyway, the point of this post is this. I don't need reasonable, mathematical estimates. Maybe, all I need is a quote. A quote from someone knowledgeable, like Aman. Or some lawyers association. Some chimpanzee from USCIS. I don't know. Just something that says 'It will take 10-15 years for EB-3 India to get their greencards.' Or something like that for EB-3 ROW/EB-2 India.
That could be used to let people know that there IS a problem. Trust me. A huge majority doesn't even know that there is a problem.
I am about to file my I140.
I am in the US on L1B with company A and my GC is for future employment with Company B.
The unknown for me is that when my dates become current, I might be in my home country after completing my US assignment or in another assignment in the US itself.
In this case what is my best option, AOS or CP?
Can I choose CP now and if I am in the US when my dates are current, switch to AOS quickly and still file my I485?
Looking forward to your guidance. Thanks a ton!!
And mind you , you and me are working here in US cos of the open policies created by Mr.Late Rajiv Gandhi in the IT Sector. All that I'm saying is someone or something is better than none.
For that matter do you support War on Iraq , War on Afghanistan when it comes to people lives...
First know the facts before you comment and have guts to comment revealing your original ID and not with a hidden one....created just for the sake of it
chill - u r working in US because have skills - got visa applied for Green card. In what way did Rajiv Gandhi help you? So do you say that everyone immigrating to USA from every country is because of Rajiv Gandhi?
I see that u r arguing just for the sake of arguement. Come on man. expand your thinking capacity - U r responsible for your own life and you do things in life that suits you. Just like how u r a software guru, politics is also a field which has become a "career oriented" field. Now, a lot of people trashed SRK during discussions, I did not understand what his fault was, for such trashing.
Now, the reason why a lot of people trash YSR is because of his corruptive governance - which crossed all limits.
If you think that one has to respect someone just because he/she is a leader - that may not be practical
But in 2008 and 2009 EB2 India got the maximum share of the spill over visas. But still the dates are in the first month of 2005. So hardly EB2 India moved forward about 6 months to 9 months in the duration of 2008 and 2009 with the help of spill overs. That too in this bad economy where there would be comparatively less labors applied than the previous years.
I agree the forward movement will be slow, and i am expecting it to go pass PD of 2005 in 2010 fiscal year. In 2009 CIS has many EB2-ROW application pending, and they have processed most of them by now(in 2009). So for 2010, unless they see flood of new applications (from EB2 ROW) we will see EB2-India pass 2005 PD in 2010.
Which country do you guys belong to and why are you here?
Appreciate your honest and decent response. Thanks\\
Meek and Caldood, Please let us know your religion and state of orgin (e.g., Bihari, Bengali, UP bahiyaa, Malalyali) if you were born on Indian soil. It will help us better understand your viewpoints. India is a vast country and people usually their opinions based on where they come from and their life experiences.
The Federal laws prohibiting job discrimination are:
Title VII of the Civil Rights Act of 1964 (Title VII), which prohibits employment discrimination based on race, color, religion, sex, or national origin;
the Equal Pay Act of 1963 (EPA), which protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination;
the Age Discrimination in Employment Act of 1967 (ADEA), which protects individuals who are 40 years of age or older;
Title I and Title V of the Americans with Disabilities Act of 1990 (ADA), which prohibit employment discrimination against qualified individuals with disabilities in the private sector, and in state and local governments;
Sections 501 and 505 of the Rehabilitation Act of 1973, which prohibit discrimination against qualified individuals with disabilities who work in the federal government;
the Civil Rights Act of 1991, which, among other things, provides monetary damages in cases of intentional employment discrimination.
If no one (including the Govt.) is allowed to discriminate based on national origin then how can the Govt. discriminate on EB Emigration based on national origin ?
I think this is a fair question and most Americans in my work place agree with me. I don't know if we will win the case or not but if we win we can get
1) Removal of country based quotas
2) recapture of Visa's lost due to country based quotas
If we lose the case we will at least get more attention of the national media, it's up to us how we manage the media attention and have a positive effect on the popularity of our cause.
IMHO taking the opinion of the best attorney on constitutional law can not hurt. :)
Five letter word: U N I T Y
How do PoE officers know if he is a film star in some foreign language movies?
Even if they knew, why is SRK so special that he should not be checked?
There was an instance when a pop singer from India(Daler Mehdi) was accused of smugling illegal immigrants disguised as musicians. Point is, if somebody is a celebrity, that does not make him/her un touchable?
So shall we strip search Barack Obama or Hillary Clinton on their next visit to India? They can also be accused of bringing something illegal, isnt it?
And for all you considering going to Canada, it's not rocket science. Look for a job BEFORE you go. Heck, take a vacation and go there if you get some interviews. I don't care if your doctor friend is driving a taxi cab - they should have known that there is a foreign credential issue going on in that country before they pack up their family and go there (and hopefully this will be ironed out - it is a problem and a big debate right now).
But it's not like there isn't a way to work around it (suck it up and do what you have to do for recertification - yes it's troublesome, but at least your fate is in your own hands, and you're not stuck in retrogression at the mercy of others). And if you think you have more opportunities in the US, why is it that the majority of H1Bs are being sucked up by desi body shops who just turn around and indenture you? Is that considered a wonderful opportunity ( i guess it is)? How many of you can actually work for a non-desi company? Imagine if they didn't exist. Too bad Canada doesn't have the same body shops, eh. Oh the irony.
It boggles my mind that people take up and leave to a country without actually looking into the job market or thinking everything would be hunky dory. There's something called the internet. Look for Canadian jobs, apply, get feedback, attend job fairs in Canada, tap your networks, etc. If you can't find something, DON'T GO.
I'm not saying Canada, or any country, is perfect, but a proper approach and understanding before you jump into something will ease the transistion. And please, enough of the ignorant generalizations.
If I was an employer and knew you had contempt for my country and thought you were owed something, I'd kick your butt out the door.
Sure with dead bobhead braincells of yours, nobody expects your self image to be high enough. Its not for wimps wearing zippers to the side like you. If you are man enough come and talk to me, and will see who gets handcuffed.
You know the reason why I had to cancel my CC. Its been compromised....
Get a life...Idiot....