mrajatish
07-08 10:07 AM
Hi,
I applied for GC under schedule A in may06 .My husband filed as derivative.He received a notice of intent to denial last month .Reason being he did not have paystubs for a period of more than 6 months during 2000 and 2001.His employer at that time did not pay him even after he worked for 4 months then he took few more months to change his company(more than 180 days)In 2002 he went to India and came back .and in 2004 filed for a GC as primary petitioner and me as a derivative .last year he withdrew the petition after he received several RFE`S fearing the worst.Even though he no longer has GC filed as primary petitioner he received notice of intent to deny for the petion filed through me saying that his H1 was not legal as could`nt show proof for several months and that when he filed for AOS he used those years as work experience.
and now another problem is I applied for EAD in march and have not received new ead.my old ead expired 10 days ago.and now Iam not working.
We bought a house last year thinking that under schedule A we`ll get GC in no time.Now we know it is a terrible mistake.Now both of us can`t work and had to take my son out of daycare. and we have house payments to make.We put our house for sale weeks ago and so far no offers.I contacted local representative to expedite My EAD and also contacted USCIS to expedite it,
citing financial burden.We are spending sleepless nights and have no clue what to do for my EAD and his AOS.pLEASE HELP.
Did anyone face similar situation .Any suggestions are welcome.
1. When you filed I-485, you should file under 245(K) immediately - I believe someone already mentioned that below. For derivative applications, the derivative applicant may be "out of status" for any length without any issues for AOS approval.
2. For the 6 mos period he was without pay check, does he have any proof of employment and correspondingly any letter showing that he was on vacation/leave of absense. I had a 15 day period between 2 jobs where I took time off but had no vacation, hence leave without pay but I have leave letter from my manager in letter-head (I know a lot of people do that as taking vacation between jobs gives them a fresh start).
3. Did the period length where he did not have a pay check exceed 180 days at a stretch?
Bottomline, it seems an overzealous USCIS officer is trying to find ways to deny your application - you should involve a good lawyer and get immediate rebuttal for Notice of Denial.
I applied for GC under schedule A in may06 .My husband filed as derivative.He received a notice of intent to denial last month .Reason being he did not have paystubs for a period of more than 6 months during 2000 and 2001.His employer at that time did not pay him even after he worked for 4 months then he took few more months to change his company(more than 180 days)In 2002 he went to India and came back .and in 2004 filed for a GC as primary petitioner and me as a derivative .last year he withdrew the petition after he received several RFE`S fearing the worst.Even though he no longer has GC filed as primary petitioner he received notice of intent to deny for the petion filed through me saying that his H1 was not legal as could`nt show proof for several months and that when he filed for AOS he used those years as work experience.
and now another problem is I applied for EAD in march and have not received new ead.my old ead expired 10 days ago.and now Iam not working.
We bought a house last year thinking that under schedule A we`ll get GC in no time.Now we know it is a terrible mistake.Now both of us can`t work and had to take my son out of daycare. and we have house payments to make.We put our house for sale weeks ago and so far no offers.I contacted local representative to expedite My EAD and also contacted USCIS to expedite it,
citing financial burden.We are spending sleepless nights and have no clue what to do for my EAD and his AOS.pLEASE HELP.
Did anyone face similar situation .Any suggestions are welcome.
1. When you filed I-485, you should file under 245(K) immediately - I believe someone already mentioned that below. For derivative applications, the derivative applicant may be "out of status" for any length without any issues for AOS approval.
2. For the 6 mos period he was without pay check, does he have any proof of employment and correspondingly any letter showing that he was on vacation/leave of absense. I had a 15 day period between 2 jobs where I took time off but had no vacation, hence leave without pay but I have leave letter from my manager in letter-head (I know a lot of people do that as taking vacation between jobs gives them a fresh start).
3. Did the period length where he did not have a pay check exceed 180 days at a stretch?
Bottomline, it seems an overzealous USCIS officer is trying to find ways to deny your application - you should involve a good lawyer and get immediate rebuttal for Notice of Denial.
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Vsach
01-09 06:19 PM
What a waste of time & energy!! :rolleyes::rolleyes::rolleyes::rolleyes::rolleyes:
Why can't we all plan a strategy to get the Green Card process going....rather waste time discussing something like this????:mad::mad::mad::mad::mad::mad::mad::mad::m ad::mad::mad::mad:
Why can't we all plan a strategy to get the Green Card process going....rather waste time discussing something like this????:mad::mad::mad::mad::mad::mad::mad::mad::m ad::mad::mad::mad:
gapala
06-23 01:52 PM
Here is one calculation that might give you one more reason to buy...
\
Yeah sure! Based on your calc skills, people will get under water in no time.. Did you consider the part of principal at all in your calc? 23000 a year and end up at 8K ????
Based on my calc, your monthly payment will be somewhere around $2750 for a 400K loan at that rate. Do the math that makes it 2750 x 12 = 33000 and your 666 will become 1500 now :). Now add all the other stuff such as HOA, Maintenance, property tax, closing cost and what not... to derive the per month cost for first year
Credits are one time.. how about next year and there after??
Unbelievable!
\
Yeah sure! Based on your calc skills, people will get under water in no time.. Did you consider the part of principal at all in your calc? 23000 a year and end up at 8K ????
Based on my calc, your monthly payment will be somewhere around $2750 for a 400K loan at that rate. Do the math that makes it 2750 x 12 = 33000 and your 666 will become 1500 now :). Now add all the other stuff such as HOA, Maintenance, property tax, closing cost and what not... to derive the per month cost for first year
Credits are one time.. how about next year and there after??
Unbelievable!
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amulchandra
04-06 11:26 PM
I knew that something of this kind is going to happen after seeing the first day H1b rush.This is extreme exploitation of the system and Govt has to take some steps atleast to show people that it is trying to take some action. If they are not going to take some kind of measures to curb this, even after (if at all) they increase H1b visas next year .... the same thing might repeat.
I am one of those waiting to win the H1b lottery. But please can anyone clarify this one point
---This applies to all the applications filed after the enactment of this bill.
So how is it going to effect the current H1b consultants?
Thanks
Amul
I am one of those waiting to win the H1b lottery. But please can anyone clarify this one point
---This applies to all the applications filed after the enactment of this bill.
So how is it going to effect the current H1b consultants?
Thanks
Amul
more...
gc03
05-17 12:54 PM
learning01, I do not agree with you. You should better use different language. I am not here to promote or demote anyone.
Let me ask you a quick question.
Have you contacted Lou Dobbs to publish our stories? probably not.
It's ideal to say thanks and indirectly ask him to publish legal immigration problems.
Let me ask you a quick question.
Have you contacted Lou Dobbs to publish our stories? probably not.
It's ideal to say thanks and indirectly ask him to publish legal immigration problems.
gapala
12-19 07:59 PM
Funny to see red with comments.. and claims :)
"Having said that, the very upbringing instills the care for Health, Hygiene, Homes, Human Values, Harmony in Diversity etc. Long story short, help you become a humble and good social being." being an atheist gave me that and much more so quit hatin
I really doubt your claim :) Otherwise you would not comment anonymously. :) You would rather post a reply instead.
More over I did not say that you would not get those values being an atheist or what ever you call yourself. To me that is just the way few folks live, think and believe :) they call themself "Atheist" instead of hindu or a christian or a muslim or buddist. ...there are around 40 organized ways people live on this planet earth recognized as "religion".
Atheism, as an explicit position, can be either the affirmation of the nonexistence of gods or the rejection of theism. It is also defined more broadly as an absence of belief in deities, or nontheism.
You seems to be confused between "Religion" and Theism :D :D :D What can I tell ya?
Another dumb guy :D:D:D
Take a science class. Read Kant's philosophy
Dude, who ever you are, Immanuel Kant was engaged in arguments all along his life on the existence of God, the attributes of God, the immortality of the soul, the problem of evil, and the relationship of moral principles to religious belief and practice. He came up with his own Pilosophy for the role of religion in the dynamics of human culture and history.
Kantism is not in those 40 recognized religion that I mentioned above. There are many more like Kant in this world who live their life in their own way with what ever way they think and believe. Kant did not succeed after all that effort.. he was more confused. See the accounts below.
Walsh see Kant as thoroughly hostile to religion in general and Christianity in particular.
Other interpreters see Kant as trying to mark off a defensible rational core of Christian belief, but offer differing judgements about the success of his efforts.
Michalson evaluate these efforts as self-defeating, paving the way for a more radical denial of God such as Nietzsche's.
Collins and Wood see Kant articulating an account of the dynamics linking morality and religious belief that has positive value for a believer's reflective appropriation and practice of faith.
Kant lived a different life as you can see from all the accounts above. What is so scientific about Kant? Just curious, do you follow Kantism? You were very particular about that :):D:D:D
Yet another confused guy.:)
"Having said that, the very upbringing instills the care for Health, Hygiene, Homes, Human Values, Harmony in Diversity etc. Long story short, help you become a humble and good social being." being an atheist gave me that and much more so quit hatin
I really doubt your claim :) Otherwise you would not comment anonymously. :) You would rather post a reply instead.
More over I did not say that you would not get those values being an atheist or what ever you call yourself. To me that is just the way few folks live, think and believe :) they call themself "Atheist" instead of hindu or a christian or a muslim or buddist. ...there are around 40 organized ways people live on this planet earth recognized as "religion".
Atheism, as an explicit position, can be either the affirmation of the nonexistence of gods or the rejection of theism. It is also defined more broadly as an absence of belief in deities, or nontheism.
You seems to be confused between "Religion" and Theism :D :D :D What can I tell ya?
Another dumb guy :D:D:D
Take a science class. Read Kant's philosophy
Dude, who ever you are, Immanuel Kant was engaged in arguments all along his life on the existence of God, the attributes of God, the immortality of the soul, the problem of evil, and the relationship of moral principles to religious belief and practice. He came up with his own Pilosophy for the role of religion in the dynamics of human culture and history.
Kantism is not in those 40 recognized religion that I mentioned above. There are many more like Kant in this world who live their life in their own way with what ever way they think and believe. Kant did not succeed after all that effort.. he was more confused. See the accounts below.
Walsh see Kant as thoroughly hostile to religion in general and Christianity in particular.
Other interpreters see Kant as trying to mark off a defensible rational core of Christian belief, but offer differing judgements about the success of his efforts.
Michalson evaluate these efforts as self-defeating, paving the way for a more radical denial of God such as Nietzsche's.
Collins and Wood see Kant articulating an account of the dynamics linking morality and religious belief that has positive value for a believer's reflective appropriation and practice of faith.
Kant lived a different life as you can see from all the accounts above. What is so scientific about Kant? Just curious, do you follow Kantism? You were very particular about that :):D:D:D
Yet another confused guy.:)
more...
yibornindia
08-05 12:02 PM
This person hiding behind the user id "Rolling_Flood" is an extreme selfish person. The whole idea of our community is to help each other and to provide support & guidance to each-other. Instead he is trying to stop others from getting this advantage, trying to make us believe that EB-2 is his birth-right. I am in EB-2, but I do not support this selfish fox, he will harm the IV community exploiting 'divide & rule' policy. :mad:
I echo you, Very well said.
This guy "Rolling-flood" has not contributed anything positive like lobbying for removing country quota and recapturing of un-used visa numbers, instead he actually wants to cut the line by stopping others taking the same advantage that he is trying to take. If such rules are not there, no one needs to do pd recapturing or changing categories. I have my juniors with less educational qualification, from my neighboring countries who started the process and got GC in less than 16 months straight. isn't that injustice to me - did I have choice to select my country of birth?
BEWARE of this fellow. He may have wasted interests in making IV members fighting amongst themselves.:mad:
I echo you, Very well said.
This guy "Rolling-flood" has not contributed anything positive like lobbying for removing country quota and recapturing of un-used visa numbers, instead he actually wants to cut the line by stopping others taking the same advantage that he is trying to take. If such rules are not there, no one needs to do pd recapturing or changing categories. I have my juniors with less educational qualification, from my neighboring countries who started the process and got GC in less than 16 months straight. isn't that injustice to me - did I have choice to select my country of birth?
BEWARE of this fellow. He may have wasted interests in making IV members fighting amongst themselves.:mad:
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Legal
08-08 02:22 PM
1.Losing all your friends
Man comes home, finds his wife with his friend in bed.
He shoots his friend and kills him.
Wife says "If you behave like this, you will lose ALL your friends."
2. Brother wanted
A small boy wrote to Santa Claus,"send me a brother"....
Santa wrote back, "SEND ME YOUR MOTHER"....
3. Meaning of WIFE
Husband asks, "Do you know the meaning of WIFE? It means 'Without Information Fighting Everytime'!"
Wife replies, "No, it means 'With Idiot For Ever'!!!"
4. Importance of a period
Teacher: "Do you know the importance of a period?"
Kid: "Yeah, once my sister said she has missed one, my mom fainted, dad got a heart attack & our driver ran away."
Man comes home, finds his wife with his friend in bed.
He shoots his friend and kills him.
Wife says "If you behave like this, you will lose ALL your friends."
2. Brother wanted
A small boy wrote to Santa Claus,"send me a brother"....
Santa wrote back, "SEND ME YOUR MOTHER"....
3. Meaning of WIFE
Husband asks, "Do you know the meaning of WIFE? It means 'Without Information Fighting Everytime'!"
Wife replies, "No, it means 'With Idiot For Ever'!!!"
4. Importance of a period
Teacher: "Do you know the importance of a period?"
Kid: "Yeah, once my sister said she has missed one, my mom fainted, dad got a heart attack & our driver ran away."
more...
mariner5555
03-26 04:19 PM
Good points. If I recall correctly baby boomers started retiring 2-3 years ago. With economy going south, I wonder how many of them are in financial trouble. Also, they are growing older and some of them dying. You have to believe this will add to the supply. you bet - This is from Jubak at MSN money ..
---
That initial hole was largely demographic. The number of Americans 65 and older is projected to increase to 69.4 million in 2030 from 35.5 million in 2000, the Census Bureau says. That's not entirely bad news -- much of the increase comes from Americans living longer -- but it is a problem if you're trying to figure out how to pay for all those people to retire.
Because the baby-boom generation is so much bigger than succeeding generations, the ratio of people in the retirement years, 65 and older, to those in the working years, 20 to 64, will rise from 20.6% in 2005 to 35.5% in 2030, according to the Census Bureau.
For most people, the house they live in is their biggest retirement asset. In retirement, people cash in on the value of their homes by selling and then buying less expensive houses, renting or moving in with the kids. More people are also using reverse mortgages to extract equity from their homes in retirement.
In a Feb. 28 conference call, mortgage buyer Fannie Mae (FNMN, news, msgs) said it expected the real-estate market to bottom in 2009 after a total drop of 15% to 20%. That would produce a loss of roughly $3 trillion to $4 trillion.
---
That initial hole was largely demographic. The number of Americans 65 and older is projected to increase to 69.4 million in 2030 from 35.5 million in 2000, the Census Bureau says. That's not entirely bad news -- much of the increase comes from Americans living longer -- but it is a problem if you're trying to figure out how to pay for all those people to retire.
Because the baby-boom generation is so much bigger than succeeding generations, the ratio of people in the retirement years, 65 and older, to those in the working years, 20 to 64, will rise from 20.6% in 2005 to 35.5% in 2030, according to the Census Bureau.
For most people, the house they live in is their biggest retirement asset. In retirement, people cash in on the value of their homes by selling and then buying less expensive houses, renting or moving in with the kids. More people are also using reverse mortgages to extract equity from their homes in retirement.
In a Feb. 28 conference call, mortgage buyer Fannie Mae (FNMN, news, msgs) said it expected the real-estate market to bottom in 2009 after a total drop of 15% to 20%. That would produce a loss of roughly $3 trillion to $4 trillion.
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kutra
07-14 07:30 AM
I agree ..the letter can be improved but EB3-I should be allowed to express their frustration. This is a free country and I guess you can send letters.
at the very least, EB3-I can hope that someone from USCIS tells what is the approximate future for EB3..so that those who are stuck there can take appropriate actions
Sure, it is a free country. But I only hope the letter or words do not mention anything about IV. Reason being, if IV is not endorsing this campaign, then do not express yourself under the IV banner.
IV is like a human body with all of us members being the different parts of the body. However, there should be one and only one mouth. And that should be consistent in the IV messaging. If IV core (which is surprisingly quite on this thread) is asking everyone to focus on the visa-recapture campaign, then that's what everyone should do.
On a related note, a free country doesn't necessarily mean you can express yourself just because you want to. I can call anyone an idiot just because it's a free country, but everyone else can see who the real jerk is!
Being an EB3-Indian myself (Oct 2003), I can only urge fellow EB3-Indians to think rationally and urge IV core to provide their thoughts.
P.S.: Just think what a ridiculous thing you are asking for......"for USCIS to tell what is the approximate future for EB3"!! That's a joke! I don't know what my future will be GC or no GC. Why will I listen to USCIS who has been most trustworthy historically. And why would they want to make themselves liable to tell you what actions to take. As I wrote earlier, just because it's a free country, it doesn't mean, you can ask someone for anything irrationally!
at the very least, EB3-I can hope that someone from USCIS tells what is the approximate future for EB3..so that those who are stuck there can take appropriate actions
Sure, it is a free country. But I only hope the letter or words do not mention anything about IV. Reason being, if IV is not endorsing this campaign, then do not express yourself under the IV banner.
IV is like a human body with all of us members being the different parts of the body. However, there should be one and only one mouth. And that should be consistent in the IV messaging. If IV core (which is surprisingly quite on this thread) is asking everyone to focus on the visa-recapture campaign, then that's what everyone should do.
On a related note, a free country doesn't necessarily mean you can express yourself just because you want to. I can call anyone an idiot just because it's a free country, but everyone else can see who the real jerk is!
Being an EB3-Indian myself (Oct 2003), I can only urge fellow EB3-Indians to think rationally and urge IV core to provide their thoughts.
P.S.: Just think what a ridiculous thing you are asking for......"for USCIS to tell what is the approximate future for EB3"!! That's a joke! I don't know what my future will be GC or no GC. Why will I listen to USCIS who has been most trustworthy historically. And why would they want to make themselves liable to tell you what actions to take. As I wrote earlier, just because it's a free country, it doesn't mean, you can ask someone for anything irrationally!
more...
allinall
01-06 03:21 PM
Hello all,
What the starter of this thread saying is human suffering anyhere is the same. Why different yardstick for different re(li)gion? Don't confuse with politics.
What the starter of this thread saying is human suffering anyhere is the same. Why different yardstick for different re(li)gion? Don't confuse with politics.
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smidreb
01-08 12:39 PM
You are furious about Mumbai tread?. Mumbai is heart of every Indian. Kashmir is our head. We cannot sit idle and tolerate our heart bleed.
If you offended by mention about Mumbai and terrorist, I am sorry.
Anger about the terrorist and their supporters in the name of religion.
See the previous posts have links in you tube, and find out the way the kids are trained for hatred.
dealsnet,
I am just quite spectator , but could not resist to respond you on this ... I don't see any "Support" for terrorist or Mumbai attacks posted by Rayyan.
PLEASE Stop making assumptions,Dude.
As Bfadila said, you have serious language comprehension issues....
If you offended by mention about Mumbai and terrorist, I am sorry.
Anger about the terrorist and their supporters in the name of religion.
See the previous posts have links in you tube, and find out the way the kids are trained for hatred.
dealsnet,
I am just quite spectator , but could not resist to respond you on this ... I don't see any "Support" for terrorist or Mumbai attacks posted by Rayyan.
PLEASE Stop making assumptions,Dude.
As Bfadila said, you have serious language comprehension issues....
more...
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axp817
03-25 03:31 PM
I know many people think about it but they don't have the kahunas to actually execute it. I am not aware of anyone who has tried it and was open about it with uscis.
In my case when my 485 was pending I went self employment route. I had to give updated g-325a to show employmnet history and I put it right there for officer to see at local office interview. He actually made an astonishing face and I told him that it was allowed and 485 was pending and I can do what I wish during this time. I also told him that I was not my ac21 employer I was just doing this while 485 was pending and I was porting to another job after my 485 was approved. I gave him offer letter and company tax returns from the ac21 employer that I hadn't joined yet.
Thank you, that is helpful information, although I was talking about a situation where you are self-employed while in AOS, and intend to stay self employed even after your 485 is approved. Self employment being your 'AC21 employer' essentially.
Any cases you might have come across?
In my case when my 485 was pending I went self employment route. I had to give updated g-325a to show employmnet history and I put it right there for officer to see at local office interview. He actually made an astonishing face and I told him that it was allowed and 485 was pending and I can do what I wish during this time. I also told him that I was not my ac21 employer I was just doing this while 485 was pending and I was porting to another job after my 485 was approved. I gave him offer letter and company tax returns from the ac21 employer that I hadn't joined yet.
Thank you, that is helpful information, although I was talking about a situation where you are self-employed while in AOS, and intend to stay self employed even after your 485 is approved. Self employment being your 'AC21 employer' essentially.
Any cases you might have come across?
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razis123
12-18 03:11 AM
be it Palestine, Iraq, Afghanistan Somalia,Darfur,Chechnya, Kashmir, Gujarat... everywhere muslims are killed for being muslims...noone goes to cuba,srilanka,north korea,zimbawe or whereever for watever reason...just imagine God forbid someone comes into your house, occupies it, kills your family, your brothers and sisters in front of you and kicks you out of your home and you are seeing no hope of justice... you wont stand outside your home sending flowers like munna bhai's gandhigiri.. trust me you will become a terrorist.
It is very true..and it is fact...why is that all terrorists are muslims...something is wrong ...muslims need to come forward....
It is very true..and it is fact...why is that all terrorists are muslims...something is wrong ...muslims need to come forward....
more...
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Refugee_New
01-07 09:44 AM
If you are comparing the Sivakasi rocket with the Hamas's rocket, I can only sympathize with you. You certainly need to learn a lot--atleast the definition of 'Rocket' or 'Terrorists'.
My point is sivakasi rocket has the capability of killing 6 people and 7000 hamas rockets taken lesser than that. We are reacting as if they have wiped out the entire nation. How inferior these rockets are when compared to sivakasi rocket. I am not justifying the rocket attack, but pointing out their impact and the voilent reaction to that.
Every nation has right to defend itself and its people. Isreal has the same rights to protect people. That doesn't mean they can go and kill innocent civilians including elderly person, women, children, shcool children and bombing schools, hospitals, detroying infrastructure etc. After killing school kids, just dont justify your killing by saying they use kids as human shield. Dont destroy and don't lie.
My point is sivakasi rocket has the capability of killing 6 people and 7000 hamas rockets taken lesser than that. We are reacting as if they have wiped out the entire nation. How inferior these rockets are when compared to sivakasi rocket. I am not justifying the rocket attack, but pointing out their impact and the voilent reaction to that.
Every nation has right to defend itself and its people. Isreal has the same rights to protect people. That doesn't mean they can go and kill innocent civilians including elderly person, women, children, shcool children and bombing schools, hospitals, detroying infrastructure etc. After killing school kids, just dont justify your killing by saying they use kids as human shield. Dont destroy and don't lie.
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RaviG
07-14 08:03 PM
Is IV endorsing this? Why immigrationvoice name is there in the bottom signature?
EB classification is designed for a purpose giving priority for highly educated and experienced positions. So it is supposed to be unfair.
EB classification is designed for a purpose giving priority for highly educated and experienced positions. So it is supposed to be unfair.
more...
makeup Nokia X3
lfwf
08-06 03:45 PM
According to you A acquires skills over a period of time and so does a person who went for higher education and is EB2. You also say that if there was no porting, A has a PD of 2002 (in EB3) and B has a PD of 2005 (in EB2), then they are almost in the same position.
At this point both of us agree that A and B are equal, right?
If they both are EQUAL, then can you guarantee that both PDs will move at the same rate?. If A�s PD becomes unavailable and B�s become current. B will get GC faster than A even though both were equal (from your logic). Is this fair, then?
No one can guarantee that. and that is the whole concept of "preference categories" . So now its ok for A to jump to EB2 and leapfrog everyone with his/her 2002 PD? Does 5 years of work have that much value? He/She would be ahead of 2003 EB2 filers that may have been working on degrees since 1999. That's ok by you? The faster movement of EB2 makes up for the years of education. I say, by all means BS+5 shoudl file EB2, I just don't agree with the porting. That PD was for an entirely different skill set and job. I know its the law. I still disagree. Can do that last I knew :-)
At this point both of us agree that A and B are equal, right?
If they both are EQUAL, then can you guarantee that both PDs will move at the same rate?. If A�s PD becomes unavailable and B�s become current. B will get GC faster than A even though both were equal (from your logic). Is this fair, then?
No one can guarantee that. and that is the whole concept of "preference categories" . So now its ok for A to jump to EB2 and leapfrog everyone with his/her 2002 PD? Does 5 years of work have that much value? He/She would be ahead of 2003 EB2 filers that may have been working on degrees since 1999. That's ok by you? The faster movement of EB2 makes up for the years of education. I say, by all means BS+5 shoudl file EB2, I just don't agree with the porting. That PD was for an entirely different skill set and job. I know its the law. I still disagree. Can do that last I knew :-)
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delax
08-05 09:45 AM
Not a good idea to go down this road.
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Macaca
05-09 05:48 PM
Utah's Immigration Model (http://online.wsj.com/article/SB10001424052748703859304576304942483922996.html) Wall Street Journal Editorial
If the states are meant to be laboratories of democracy, they have to get a chance to actually run their experiments. That's the story in Utah, where a new state immigration law is catching flak even before it goes into effect.
In a Senate Judiciary hearing on Wednesday, Attorney General Eric Holder said the law, which combines enforcement measures with a guest worker program, needs to be adjusted or face federal lawsuits. Pressed on whether the Administration planned to sue Utah, Mr. Holder said the Department of Justice "will look at the law, and if it is not changed to our satisfaction by 2013, we will take the necessary steps."
That's a tad awkward for the Attorney General, since the Utah plan probably looks a lot like what the federal government will end up considering if immigration reform has any hope of passing. Last summer, the Administration pounced like election-year politicians on an Arizona law that enlisted local police to enforce federal immigration statutes. So what's a state to do?
Passed by the state's GOP legislature and signed by Republican Governor Gary Herbert in March, Utah's plan is notable because it's the first in the country that would allow undocumented immigrants to get a permit and work legally, after paying a fine of up to $2500 and meeting other conditions. The program is part of a larger package that includes increased scrutiny of immigrants who break the law. The compromise allows the state to address the economy's demand for workers�thus reducing the incentive for illegal immigration�while satisfying voters who don't want to reward those who arrived illegally.
Like Arizona, Utah is already fending off lawsuits from the left. On Tuesday, the American Civil Liberties Union and the National Immigration Law Center sued to stop the portion of the law similar to the one in Arizona that enlists state and local police in the effort to identify illegal immigrants. In Utah's version, anyone who is arrested for a felony or serious misdemeanor has to show proof of citizenship.
Unlike measures that unite talk radio hosts and labor unions against "amnesty," the Utah law doesn't create a path to citizenship or have any effect on an immigrant's legal status. That model could work for other states looking for a bipartisan compromise. Republican legislators in Texas have introduced similar legislation for guest worker programs, and Nebraska lawmakers plan to travel to Utah to learn more about the new law.
Critics of state immigration laws often maintain that those decisions are the province of the federal government. Article 1, Section 8 of the Constitution grants Congress the power "To establish an uniform Rule of Naturalization," and it's possible Utah might lose in court. But what are states to do when the federal government is unable to act on immigration? Utah's laws don't grant legal status to undocumented workers; they grant a work permit. Does the federal government have the power over such employment decisions?
States are passing these laws because Congress has abdicated. Instead of ordering Utah to step back in line, or else, the Administration might consider what it can learn from Utah legislators who made a good faith effort to balance competing interests and solve a problem.
Immigration: A better farm worker fix (http://www.latimes.com/news/opinion/opinionla/la-ed-visa-20110509,0,7562015.story) Los Angeles Times Editorial
U.S. Warns Schools Against Checking Immigration Status (http://www.nytimes.com/2011/05/07/education/07immig.html) By KIRK SEMPLE | New York Times
Is the Asian Century upon us? It depends (http://www.theglobeandmail.com/news/opinions/opinion/is-the-asian-century-upon-us-it-depends/article2011668/) By HARUHIKO KURODA | Globe and Mail Update
Immigration North of the Border (http://www.huffingtonpost.com/hazeen-ashby/immigration-north-of-the-_b_857441.html) By Hazeen Ashby | The Huffington Post
Another project in trouble
First the euro, now Schengen. Europe�s grandest integration projects seem to be suffering (http://www.economist.com/node/18618525)
The Economist
Smugglers Guide Illegal Immigrants With Cues via Cellphone (http://www.nytimes.com/2011/05/09/us/09coyotes.html) By MARC LACEY | New York Times
As Barriers to Lawyers Persist, Immigrant Advocates Ponder Solutions (http://www.nytimes.com/2011/05/04/nyregion/barriers-to-lawyers-persist-for-immigrants.html) By SAM DOLNICK | New York Times
Lawyers for Immigrants (http://www.nytimes.com/2011/05/09/opinion/l09immig.html) Letters | New York Times
If the states are meant to be laboratories of democracy, they have to get a chance to actually run their experiments. That's the story in Utah, where a new state immigration law is catching flak even before it goes into effect.
In a Senate Judiciary hearing on Wednesday, Attorney General Eric Holder said the law, which combines enforcement measures with a guest worker program, needs to be adjusted or face federal lawsuits. Pressed on whether the Administration planned to sue Utah, Mr. Holder said the Department of Justice "will look at the law, and if it is not changed to our satisfaction by 2013, we will take the necessary steps."
That's a tad awkward for the Attorney General, since the Utah plan probably looks a lot like what the federal government will end up considering if immigration reform has any hope of passing. Last summer, the Administration pounced like election-year politicians on an Arizona law that enlisted local police to enforce federal immigration statutes. So what's a state to do?
Passed by the state's GOP legislature and signed by Republican Governor Gary Herbert in March, Utah's plan is notable because it's the first in the country that would allow undocumented immigrants to get a permit and work legally, after paying a fine of up to $2500 and meeting other conditions. The program is part of a larger package that includes increased scrutiny of immigrants who break the law. The compromise allows the state to address the economy's demand for workers�thus reducing the incentive for illegal immigration�while satisfying voters who don't want to reward those who arrived illegally.
Like Arizona, Utah is already fending off lawsuits from the left. On Tuesday, the American Civil Liberties Union and the National Immigration Law Center sued to stop the portion of the law similar to the one in Arizona that enlists state and local police in the effort to identify illegal immigrants. In Utah's version, anyone who is arrested for a felony or serious misdemeanor has to show proof of citizenship.
Unlike measures that unite talk radio hosts and labor unions against "amnesty," the Utah law doesn't create a path to citizenship or have any effect on an immigrant's legal status. That model could work for other states looking for a bipartisan compromise. Republican legislators in Texas have introduced similar legislation for guest worker programs, and Nebraska lawmakers plan to travel to Utah to learn more about the new law.
Critics of state immigration laws often maintain that those decisions are the province of the federal government. Article 1, Section 8 of the Constitution grants Congress the power "To establish an uniform Rule of Naturalization," and it's possible Utah might lose in court. But what are states to do when the federal government is unable to act on immigration? Utah's laws don't grant legal status to undocumented workers; they grant a work permit. Does the federal government have the power over such employment decisions?
States are passing these laws because Congress has abdicated. Instead of ordering Utah to step back in line, or else, the Administration might consider what it can learn from Utah legislators who made a good faith effort to balance competing interests and solve a problem.
Immigration: A better farm worker fix (http://www.latimes.com/news/opinion/opinionla/la-ed-visa-20110509,0,7562015.story) Los Angeles Times Editorial
U.S. Warns Schools Against Checking Immigration Status (http://www.nytimes.com/2011/05/07/education/07immig.html) By KIRK SEMPLE | New York Times
Is the Asian Century upon us? It depends (http://www.theglobeandmail.com/news/opinions/opinion/is-the-asian-century-upon-us-it-depends/article2011668/) By HARUHIKO KURODA | Globe and Mail Update
Immigration North of the Border (http://www.huffingtonpost.com/hazeen-ashby/immigration-north-of-the-_b_857441.html) By Hazeen Ashby | The Huffington Post
Another project in trouble
First the euro, now Schengen. Europe�s grandest integration projects seem to be suffering (http://www.economist.com/node/18618525)
The Economist
Smugglers Guide Illegal Immigrants With Cues via Cellphone (http://www.nytimes.com/2011/05/09/us/09coyotes.html) By MARC LACEY | New York Times
As Barriers to Lawyers Persist, Immigrant Advocates Ponder Solutions (http://www.nytimes.com/2011/05/04/nyregion/barriers-to-lawyers-persist-for-immigrants.html) By SAM DOLNICK | New York Times
Lawyers for Immigrants (http://www.nytimes.com/2011/05/09/opinion/l09immig.html) Letters | New York Times
alterego
07-13 10:03 AM
Can I ask why the complaint in the letter about the change in interpretation of the law in favor of Eb2 I? Before jumping on me, read on.
The overflow visas would not go to EB3 I, under either interpretation. They would now go to either oversubscribed EB2 countries namely India and China(horizontally) or as in the past 2 yrs they went to to EB3 ROW under the old interpretation(Vertically).
Arguably the first one is better for EB3 India since atleast, if you are qualified and your employer agrees and your job description is suited to EB2, then you could move. You certainly could not move your country of chargability. If you were hoping for overflow from EB3ROW, it would still have to pass through the gate of EB2I.
Perhaps the person drafting the letter can explain their rationale on including this in the letter.
I agree with Pappu, the single most important thing that could help EB3I in the near term is a visa recapture legislation. That is where the most energy of EB3 and for that matter all of IV membership should be. Specifically the membership needs to get more robust in their actions especially personally meeting lawmakers and their staff. Meeting affected constituents from their districts seems to have the most influence on them.
Additionally, I would not convey the sense that, you were "deciding" on whether to file Eb2 or EB3. That should solely be based on the job description and is more up to the employers discretion in the current law. The beneficiary should not have a role in that(as per what I understand). Additionally, noone was prevented from porting their PD or using Sub labors or moving into EB2 category should the new job description meet the criteria (always remember you being qualified for EB2 means didly squat to the USCIS, it is the job description and the employer's desire for it that the USCIS considers, only then do your qualifications even matter to them). I agree that all of these are irksome to those waiting patiently in line, but those are the rules unfortunately. To my mind, the labor sub. thing was the most egregious, discriminatory and widely abused(thank god it has been ended), unfortunately those in the queue over the last few years paid for it.
The overflow visas would not go to EB3 I, under either interpretation. They would now go to either oversubscribed EB2 countries namely India and China(horizontally) or as in the past 2 yrs they went to to EB3 ROW under the old interpretation(Vertically).
Arguably the first one is better for EB3 India since atleast, if you are qualified and your employer agrees and your job description is suited to EB2, then you could move. You certainly could not move your country of chargability. If you were hoping for overflow from EB3ROW, it would still have to pass through the gate of EB2I.
Perhaps the person drafting the letter can explain their rationale on including this in the letter.
I agree with Pappu, the single most important thing that could help EB3I in the near term is a visa recapture legislation. That is where the most energy of EB3 and for that matter all of IV membership should be. Specifically the membership needs to get more robust in their actions especially personally meeting lawmakers and their staff. Meeting affected constituents from their districts seems to have the most influence on them.
Additionally, I would not convey the sense that, you were "deciding" on whether to file Eb2 or EB3. That should solely be based on the job description and is more up to the employers discretion in the current law. The beneficiary should not have a role in that(as per what I understand). Additionally, noone was prevented from porting their PD or using Sub labors or moving into EB2 category should the new job description meet the criteria (always remember you being qualified for EB2 means didly squat to the USCIS, it is the job description and the employer's desire for it that the USCIS considers, only then do your qualifications even matter to them). I agree that all of these are irksome to those waiting patiently in line, but those are the rules unfortunately. To my mind, the labor sub. thing was the most egregious, discriminatory and widely abused(thank god it has been ended), unfortunately those in the queue over the last few years paid for it.
gcgonewild
07-28 03:28 PM
Yeah Right,
If I'm the PM, I would be ignoring them for years to come.. May be If I ignore 'em, I would say it. Not keep doing lip service for 2 years. Not be held hostage by CHC.
Frankly he has a lot more serious problems to worry about than our issues. from the backlog, we are around 0.25 million and you have 300 million people in this country and 10% of them unemployed. So yeah, blame him all you want but any sane politician in his position would do the same.
Let's consider this for example. Imagine you were in India and you had a few 100,000 decently skilled immigrants from some other country, who were waiting for their green card. Now you are the PM and you have to choose your focus between fighting terrorism, fighting inflation, high budget deficits with healthcare costs, high unemployment rate or giving green cards to these 100,000 people. I would think there would be a lot of pissed off countrymen in India who would scream at you when you are ignoring real issues and focussing instead on giving green cards to foreigners especially when you already have a sky high unemployment rate. Wouldn't be a great political strategy, would it? But maybe you would still do it, perhaps if you have a vested interest in getting it done.
Still, next year you can bet that he'll do something on immigration since the states have started legislating on their own now and they can't afford this to continue.
If I'm the PM, I would be ignoring them for years to come.. May be If I ignore 'em, I would say it. Not keep doing lip service for 2 years. Not be held hostage by CHC.
Frankly he has a lot more serious problems to worry about than our issues. from the backlog, we are around 0.25 million and you have 300 million people in this country and 10% of them unemployed. So yeah, blame him all you want but any sane politician in his position would do the same.
Let's consider this for example. Imagine you were in India and you had a few 100,000 decently skilled immigrants from some other country, who were waiting for their green card. Now you are the PM and you have to choose your focus between fighting terrorism, fighting inflation, high budget deficits with healthcare costs, high unemployment rate or giving green cards to these 100,000 people. I would think there would be a lot of pissed off countrymen in India who would scream at you when you are ignoring real issues and focussing instead on giving green cards to foreigners especially when you already have a sky high unemployment rate. Wouldn't be a great political strategy, would it? But maybe you would still do it, perhaps if you have a vested interest in getting it done.
Still, next year you can bet that he'll do something on immigration since the states have started legislating on their own now and they can't afford this to continue.
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