vinabath
03-26 11:37 AM
Labor Substition was a devil which has created most of this problem as I can see there are hardly 15-20% original beneficiaries for these 2002-2003 Labors.
Employers made Labor Sub a Devil by misusing it. It has been provided to employers as a valid advantage from employer perspective.
Infact GC has become a retention perk for the employer and from the employer perspective all they need is unlimited H-1B permits. All this added to the fuel that GC has become a perk to the employee because they suck up 6 years of H-1B servitude and not a Employer benefit anymore.
I think the Govt and USCIS start to think now that
H-1B is employer benefit
GC is employee benefit
and they are slowly moving to make changes in the current law.
Employers made Labor Sub a Devil by misusing it. It has been provided to employers as a valid advantage from employer perspective.
Infact GC has become a retention perk for the employer and from the employer perspective all they need is unlimited H-1B permits. All this added to the fuel that GC has become a perk to the employee because they suck up 6 years of H-1B servitude and not a Employer benefit anymore.
I think the Govt and USCIS start to think now that
H-1B is employer benefit
GC is employee benefit
and they are slowly moving to make changes in the current law.
wallpaper Border Collie Mix Puppy
logiclife
06-22 03:56 PM
Giving Pay stubs instead of FUTURE employment letter ?
That may be a RFE and then eventually you have to give that letter and do more bargaining with your employer...
You wont neccesarily get RFE for omitting the employer's letter. Your 485 CAN GET DENIED.
YOU NEED EMPLOYER'S LETTER THAT STATES THE INTENTION OF HIRING WHEN GC IS APPROVED. Otherwise, as per USCIS memo recently issued, the officer can simply deny the 485 without bothering the send you an RFE to explain the missing document.
The recent memo says that if the "INTIAL EVIDENCE" is missing, then the petition can be denied outrightly without having to send the RFE.
Read this memo page 2 item # 3 :
http://www.uscis.gov/files/pressrelease/RFEFinalRule060107.pdf
Also, read the filing instructions on form I 485. The employer's letter is listed under "Initial evidence" list.
That may be a RFE and then eventually you have to give that letter and do more bargaining with your employer...
You wont neccesarily get RFE for omitting the employer's letter. Your 485 CAN GET DENIED.
YOU NEED EMPLOYER'S LETTER THAT STATES THE INTENTION OF HIRING WHEN GC IS APPROVED. Otherwise, as per USCIS memo recently issued, the officer can simply deny the 485 without bothering the send you an RFE to explain the missing document.
The recent memo says that if the "INTIAL EVIDENCE" is missing, then the petition can be denied outrightly without having to send the RFE.
Read this memo page 2 item # 3 :
http://www.uscis.gov/files/pressrelease/RFEFinalRule060107.pdf
Also, read the filing instructions on form I 485. The employer's letter is listed under "Initial evidence" list.
jguharaman
11-21 09:20 AM
Mehul
This was the most shocking thread I've read.
Please read this...
http://www.divyayoga.com/pranayamRevolution.htm
I recently personally heard of a person who was cured from a chronic cancer because of Pranayama.
I'm passing you the email of the instructor who I know in Bangalore through a private message to you
This was the most shocking thread I've read.
Please read this...
http://www.divyayoga.com/pranayamRevolution.htm
I recently personally heard of a person who was cured from a chronic cancer because of Pranayama.
I'm passing you the email of the instructor who I know in Bangalore through a private message to you
2011 retriever or a golden mix.
sapota
10-08 12:51 PM
I also want USCIS to count my legal presence in the US prior to obtaining permanent residency (GC) for naturalization purposes. (Canada does this - 50% credit for time spent legally before obtaining permanent residency).
I want. I want. I want. :)
I want. I want. I want. :)
more...
mchundi
05-03 04:04 PM
Only if PD is current!!!
Thanks Knnmbd,
--MC
Thanks Knnmbd,
--MC
simple1
05-05 02:57 AM
Agreed it is the state dept not uscis.
We should not mix the interpretation of eb2/3 visas with other immigrant visas including other eb due to perm.
Could Please ask the lawyer this following question about statedept eb2/3 visa allocation to non-perm derivatives ?
--
* eb 2/3 generally require perm except for very rare cases. right ?
The employer petitions for 1 permanent-employee. With assurance that the 1 person doesn’t displace local workforce (existing citizen and gc). How come state department allocates additional visa (more than approved) to derivative(s) who is not "perm labor certified" from a quota/poll (eb2/3) that mandates labor market test like perm ? (while the actual qualification is fb2a)
* State department also burns the eb2/3 visa allocated for US-businesses to bring in much needed skilled eb2/3 labor ? while most real primaries wait, the visa gets allocated to non-productive derivatives ?
Is state dept making mistake ?
--
I spoke with our attorney
He said
INA Sec 203 talks only about the eligibility to apply the I-485. But the visa number is derived from a relationship to Principal applicant of green card. This is true for all categories Including investor, asylum, Employment categories. Please note that It is Dept of State that is responsible for this allocation not USCIS.
We should not mix the interpretation of eb2/3 visas with other immigrant visas including other eb due to perm.
Could Please ask the lawyer this following question about statedept eb2/3 visa allocation to non-perm derivatives ?
--
* eb 2/3 generally require perm except for very rare cases. right ?
The employer petitions for 1 permanent-employee. With assurance that the 1 person doesn’t displace local workforce (existing citizen and gc). How come state department allocates additional visa (more than approved) to derivative(s) who is not "perm labor certified" from a quota/poll (eb2/3) that mandates labor market test like perm ? (while the actual qualification is fb2a)
* State department also burns the eb2/3 visa allocated for US-businesses to bring in much needed skilled eb2/3 labor ? while most real primaries wait, the visa gets allocated to non-productive derivatives ?
Is state dept making mistake ?
--
I spoke with our attorney
He said
INA Sec 203 talks only about the eligibility to apply the I-485. But the visa number is derived from a relationship to Principal applicant of green card. This is true for all categories Including investor, asylum, Employment categories. Please note that It is Dept of State that is responsible for this allocation not USCIS.
more...
simple1
05-01 02:49 PM
Adding dependents/derivative is based on primary�s PD and app status.
Challenge me with a scenario that will have an issue. If someone doesn�t have H4 they will be affected anyways. They will not have additional impact due to this.
Please read INA, I485 application and current VB.
I personally believe none will be affected and left too behind (yes, they will be delayed a bit, they will have AP/EAD to hold on to).
But add the Dependents to that. Now at least you wife is coming with you. Just think if there was no H4 visa.
Challenge me with a scenario that will have an issue. If someone doesn�t have H4 they will be affected anyways. They will not have additional impact due to this.
Please read INA, I485 application and current VB.
I personally believe none will be affected and left too behind (yes, they will be delayed a bit, they will have AP/EAD to hold on to).
But add the Dependents to that. Now at least you wife is coming with you. Just think if there was no H4 visa.
2010 (Golden Retriever Mix)
rsayed
08-25 02:06 PM
Happened to speak with someone at the TSC center, through the POJ method, re. my EAD.
She mentioned my case (details below) is with an IO and should be processed within the next 30 days.
EB-2-India
I-140 applied and approved - 2006
I-485 applied - Jul/2007
EAD (Renewal) applied - Jul 8th, 2008
Receipt Date - Jul 8th, 2008
Notice Date - Jul 9th, 2008
Elapsed time - 48 days!
She mentioned my case (details below) is with an IO and should be processed within the next 30 days.
EB-2-India
I-140 applied and approved - 2006
I-485 applied - Jul/2007
EAD (Renewal) applied - Jul 8th, 2008
Receipt Date - Jul 8th, 2008
Notice Date - Jul 9th, 2008
Elapsed time - 48 days!
more...
capriol
09-12 05:06 PM
Congratulations, mine (485 and 765 for my husband) was received by TSC on July 24th but no receipt, no checks cashed nothing yet. It seems TSC is really slow in receipting the applications. My husband needs to travel abroad soon and we're anxiously waiting for the receipt...[/QUOTE]
Hello: I am in the same boat with you; received 485 at TSC on July 25, 2007 but no news of checks being cashed. In that context I have a question:
Can we start a thread only for those sending 485s to the TSC say after July 17, 2007? (This is because most postings are for the NSC).
Thanks.
Hello: I am in the same boat with you; received 485 at TSC on July 25, 2007 but no news of checks being cashed. In that context I have a question:
Can we start a thread only for those sending 485s to the TSC say after July 17, 2007? (This is because most postings are for the NSC).
Thanks.
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senthil1
05-08 05:48 PM
It is true that country quota is a discrimination. But when you just try to remove the country quota other country persons are going to oppose as they will be impacted if country quota is removed. But if you try with other agenda like recapture then opposition may not be strong and also every one will get benefit.
QUOTE=hindu_king;339926]Below is what I sent. Maybe we can tweak this letter and send it to all senators and congressmen.
Subject: Discrimination of Indian Immigrants
Dear President Obama,
I wanted to bring to your attention the plight of hundreds of thousands of highly skilled Indian immigrants waiting endlessly for many years in order to obtain a permanent residency in the US. The process of getting a permanent residency is a long, winding, time consuming, financially and emotionally draining experience, with no end at sight. After 5 to 10 years of waiting in line, paying taxes, obeying law, many high skilled workers from India find that permanent residency is only a dangling carrot that they may never get it.
One of the biggest hurdles for high skilled immigrants from India is a country cap that limits applicants from any one country from having more than 7% of the available employment based green cards (140,000 visa numbers per year). This means applicants from countries like Andorra and Luxembourg get the same number of green cards as applicants from India and China. This causes a person from India and China to wait 5 to 10 years in order to get permanent residency while applicants from all other countries have zero wait time. We are here in USA because we wanted to be a part of USA, and not because we came from a certain country. All applicants should be treated equally and country cap only allows discrimination by national origin in the disguise of fairness to all, as US has a lot more high skilled workers from India or China than from Andorra or Luxembourg.
President Obama, we are here to pursue the American Dream and we find hurdles at every level during the immigration process. I request you to kindly remove the discriminatory country cap and provide us relief. This is a small step that can enormously help hundred of thousands of high skilled immigrants and we will be grateful to you for our lifetime.
Thank you President Obama and you are doing a wonderful job!
Sincerely,
Xxxxx xxxxx[/QUOTE]
QUOTE=hindu_king;339926]Below is what I sent. Maybe we can tweak this letter and send it to all senators and congressmen.
Subject: Discrimination of Indian Immigrants
Dear President Obama,
I wanted to bring to your attention the plight of hundreds of thousands of highly skilled Indian immigrants waiting endlessly for many years in order to obtain a permanent residency in the US. The process of getting a permanent residency is a long, winding, time consuming, financially and emotionally draining experience, with no end at sight. After 5 to 10 years of waiting in line, paying taxes, obeying law, many high skilled workers from India find that permanent residency is only a dangling carrot that they may never get it.
One of the biggest hurdles for high skilled immigrants from India is a country cap that limits applicants from any one country from having more than 7% of the available employment based green cards (140,000 visa numbers per year). This means applicants from countries like Andorra and Luxembourg get the same number of green cards as applicants from India and China. This causes a person from India and China to wait 5 to 10 years in order to get permanent residency while applicants from all other countries have zero wait time. We are here in USA because we wanted to be a part of USA, and not because we came from a certain country. All applicants should be treated equally and country cap only allows discrimination by national origin in the disguise of fairness to all, as US has a lot more high skilled workers from India or China than from Andorra or Luxembourg.
President Obama, we are here to pursue the American Dream and we find hurdles at every level during the immigration process. I request you to kindly remove the discriminatory country cap and provide us relief. This is a small step that can enormously help hundred of thousands of high skilled immigrants and we will be grateful to you for our lifetime.
Thank you President Obama and you are doing a wonderful job!
Sincerely,
Xxxxx xxxxx[/QUOTE]
more...
chapper
08-13 07:51 PM
Thanks kdprasad - where your I140 was approved from
hot golden retriever mixed with german shepherd puppies.
sankap
07-10 12:19 PM
@desi3933:
What's a "bona fide" job? Where did you see that a job needs to be"bona fide?"
Also, if you're self-employed, why can't you show that's a "legitimate" business? Who's asking for a business plan--and why should that be difficult to make if you're self-employed? Please, let's not *assume* things. We should base our opinions only on facts and evidence.
Its not ability to pay issue? The main point is to show that job is real, and bonafine.
May I ask, how do you plan to demonstate that job offered in self employment is same/similar to I-140 job and it is bonafide job offer?
.
What's a "bona fide" job? Where did you see that a job needs to be"bona fide?"
Also, if you're self-employed, why can't you show that's a "legitimate" business? Who's asking for a business plan--and why should that be difficult to make if you're self-employed? Please, let's not *assume* things. We should base our opinions only on facts and evidence.
Its not ability to pay issue? The main point is to show that job is real, and bonafine.
May I ask, how do you plan to demonstate that job offered in self employment is same/similar to I-140 job and it is bonafide job offer?
.
more...
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lasvegas
02-06 10:03 AM
Another thread where this issue is discussed
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=1474093861&m=9981039551&r=1551088951#1551088951
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=1474093861&m=9981039551&r=1551088951#1551088951
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gmpa
07-20 08:23 AM
Count me in.
more...
pictures They#39;re 5 puppies, 3/4 golden
apahilaj
02-03 07:44 PM
I have been waiting for the FP in the hope that they will be issuing it soon, its already Feb and I have not received it yet. Im the only one who has not recieved the notice yet in my friends circle, I have opened an SR last week. Mine is TSC application. Are there any TSC guys yet to receive the FP notices. Overall are there a significant number of people still waiting or is it just a few of us
Thanks
Hi,
What is your 485 notice date and which state are you residing?
Thanks
Hi,
What is your 485 notice date and which state are you residing?
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madooripraveen
11-18 11:09 AM
Done.And passed it on to friends.
more...
makeup Puppy Mix golden retriever
akhilmahajan
02-09 04:24 PM
Thanks a lot vineet.
Grand Total - $554
Come on folks lets help IV, to get things done for US.
IV is I/WE.
GO IV GO. TOGETHER WE CAN.
Grand Total - $554
Come on folks lets help IV, to get things done for US.
IV is I/WE.
GO IV GO. TOGETHER WE CAN.
girlfriend Zoey the Golden Retriever Mix
mannubhai
11-18 11:13 AM
Done
hairstyles Golden retriever lab mix
franklin
06-05 05:06 PM
Sent May 31st to arrive June 1st - no receipt number yet. My laywer said it will take about 10 days to get receipt...
raj2007
06-23 09:42 AM
I think -- may be.. it will make some difference.
on uscis site: contact us: I got this email address.
uscis.webmaster@dhs.gov.
I sent an email saying that - for Employment Based immigrations the employers are not willing to given the required document like employment letter, as they fear the employee may leave using AC21 after 6 months. This puts the applicant helpless after waiting for so may years and when the dates are current. Can USCIS do something about this? The only thing what most applicants have paystubs to prove the continuous employment.
It will make a different if USCIS receives emails like this... in thousands?
here's my 2 cents.
There are still some labor subsitution available. Lot of desi company want to use them before 07/16 oherwise they willl lose everything. Tell ur employer that you are getting labor subsitution and just ned to change ur h1. if you are not going to issue a letter in 2days, I have my options open.
it may work.
on uscis site: contact us: I got this email address.
uscis.webmaster@dhs.gov.
I sent an email saying that - for Employment Based immigrations the employers are not willing to given the required document like employment letter, as they fear the employee may leave using AC21 after 6 months. This puts the applicant helpless after waiting for so may years and when the dates are current. Can USCIS do something about this? The only thing what most applicants have paystubs to prove the continuous employment.
It will make a different if USCIS receives emails like this... in thousands?
here's my 2 cents.
There are still some labor subsitution available. Lot of desi company want to use them before 07/16 oherwise they willl lose everything. Tell ur employer that you are getting labor subsitution and just ned to change ur h1. if you are not going to issue a letter in 2days, I have my options open.
it may work.
vinnysuru
03-28 11:57 PM
Since you never got an H1-B stamped in your passport, you are not eligible for AVR (since there is no H1B visa to revalidate). You could do AVR for F-1 since you have that stamp but that is also NOT VIABLE any more because you are now not eligible/admissible for F-1.
So your choices are:
1. Come back in with AP (safest)
2. Go for H1-B stamping (approved, you come in with H1-B/ denied you come in with AP)
Both have their Pros and Cons.
Good luck and PS: There have been few people who got RFE because of Canada Landing. When you get the RFE, you have to again prove your intent of immigrating to US. You can show that by a sworn affadavit of your intent to settle in US. Additional, you can show employment ties, property etc. etc. Like we need to show ties to home country before F-1 or other strictly non immigrant visa interview.
But most people who have landed in Canada have had no issues.
So your choices are:
1. Come back in with AP (safest)
2. Go for H1-B stamping (approved, you come in with H1-B/ denied you come in with AP)
Both have their Pros and Cons.
Good luck and PS: There have been few people who got RFE because of Canada Landing. When you get the RFE, you have to again prove your intent of immigrating to US. You can show that by a sworn affadavit of your intent to settle in US. Additional, you can show employment ties, property etc. etc. Like we need to show ties to home country before F-1 or other strictly non immigrant visa interview.
But most people who have landed in Canada have had no issues.
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