Legal
07-23 12:32 PM
More likley to happen is most EB-2 upto Dec 2005 getting approved, many in early 2006 getting approved.
I am very very skeptical about the claim that USCIS moved the dates to June 2006 in a random fashion. They could have moved it to Dec 2005, but they moved it to June 2006 because they have the ACTUAL GC numbers (unlike us:)) and they have an estimate of how many could be adjudicated.
Wishful thinking? May be. But everything points to above.
I am very very skeptical about the claim that USCIS moved the dates to June 2006 in a random fashion. They could have moved it to Dec 2005, but they moved it to June 2006 because they have the ACTUAL GC numbers (unlike us:)) and they have an estimate of how many could be adjudicated.
Wishful thinking? May be. But everything points to above.
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ingegarcia
10-09 04:17 PM
I am another person of TN1 to GC.
TN1 can change job. Only thing you have to travel to nearest boarder with Two page TN1 petition, job offer letter, canadian citizen certificate, and educational credentials (you can also file to NSC but it will take few months to get approve).
TN1 has to be renew every years and it can be renew for indefinate time (not like 6 years for H1B).
As far as I know one who holds TN visa cannot apply for Green Card. :)
TN1 can change job. Only thing you have to travel to nearest boarder with Two page TN1 petition, job offer letter, canadian citizen certificate, and educational credentials (you can also file to NSC but it will take few months to get approve).
TN1 has to be renew every years and it can be renew for indefinate time (not like 6 years for H1B).
As far as I know one who holds TN visa cannot apply for Green Card. :)
ujjwal_p
10-16 03:27 PM
I don't care about the logic but, I like what you said!;)
Now that's a customer I want. Someone who can take no logic and all fluff. jk :)
Now that's a customer I want. Someone who can take no logic and all fluff. jk :)
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jsb
06-04 12:57 PM
Giving an interim GC while visa number is unavailable will have the effect of bypassing the entire GC quota system. How do you want the interim card to be different from the final thing? No way that anyone in Congress will allow for their laws to be overridden through USCIS rulemaking.
I just used the term Interim GC to convey the idea, it could be named anything. It could also be mere letter "...your application for AOS has been approved....formal card will be issued when visa number becomes available". EAD is a also a partial GC, it gives you rights of a GC holder pending administrative processing of your application - to work with any employer. The interim GC (or whatever it should be called) may provide all rights of a GC holder, awaiting final count in the legal register of permanent residents (due to legal need of numeric limitations) and the final card, just like a temporary driver license you get immediately after the road test. The idea is that once this stage is passed, no further questions on employment, marriage certificates, etc. should be asked. It should reduce burden on USCIS too. They have to keep on checking again and again on validity of everything we write in our application.
I just used the term Interim GC to convey the idea, it could be named anything. It could also be mere letter "...your application for AOS has been approved....formal card will be issued when visa number becomes available". EAD is a also a partial GC, it gives you rights of a GC holder pending administrative processing of your application - to work with any employer. The interim GC (or whatever it should be called) may provide all rights of a GC holder, awaiting final count in the legal register of permanent residents (due to legal need of numeric limitations) and the final card, just like a temporary driver license you get immediately after the road test. The idea is that once this stage is passed, no further questions on employment, marriage certificates, etc. should be asked. It should reduce burden on USCIS too. They have to keep on checking again and again on validity of everything we write in our application.
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Lasantha
02-15 11:48 AM
What Beastia meant was, send your own personal cheques as opposed to getting your employer to send theirs or pay with bank drafts etc. That way like he explained, you will know when USCIS cashed your cheques, and if you have online access to your account you will get to find out your file number way before USCIS sends the receipt notice.
Aslo I belive you have to send seperate cheques for each application. One for 485, seperate one for EAD and another for AP. I don't know if that's a rule but that's how my attorney asked me to send the cheques.
Bestia,
First thanks 4 your advice. We'll send 2 separate cheques, one 4 me and one 4 my husband.Is this what U meant when suggesting 2 send "my own cheque"?
Why do U say I have good chance to have my AOS adjudecated? I really needed to hear that. Can U be more specific? Any idea/guess how long could it take to get GC?
About EAD. I 'm on H4, not working yet, that's why I am eager to get EAD. Do U think that there is no chance to get it within the 90 days? My husband is on H1B an he has I40 already approved. He won't leave his job that's for sure.
What "IV" stands for? Where can I found more about it?
Aslo I belive you have to send seperate cheques for each application. One for 485, seperate one for EAD and another for AP. I don't know if that's a rule but that's how my attorney asked me to send the cheques.
Bestia,
First thanks 4 your advice. We'll send 2 separate cheques, one 4 me and one 4 my husband.Is this what U meant when suggesting 2 send "my own cheque"?
Why do U say I have good chance to have my AOS adjudecated? I really needed to hear that. Can U be more specific? Any idea/guess how long could it take to get GC?
About EAD. I 'm on H4, not working yet, that's why I am eager to get EAD. Do U think that there is no chance to get it within the 90 days? My husband is on H1B an he has I40 already approved. He won't leave his job that's for sure.
What "IV" stands for? Where can I found more about it?
dvb123
02-15 02:46 PM
Dvb, did you read the ruling? It denies relief and says that:
"We therefore join the Seventh and Eleventh Circuits in concluding that, in the current circumstances, the language Congress used precludes the INS from issuing a visa pursuant to the DV Program for a given fiscal year upon the expiration of that fiscal year. See Nyaga, 323 F.3d at 914; Iddir v. INS, 301 F.3d 492, 501 (7th Cir. 2002).8
8. Had Coraggioso sought relief prior to the expiration of the 1998 fiscal
year, our analysis may have been different."
So this case is not helpful to us, though it is good for us to be aware of its existence.
I read the end and it was unfortunate. I was talking about visa number reservation where they can reserve visa numbers for us in the future years based on the previous mistake they did. The court can compel USCIS to give visa numbers but maybe not in the same year but in a period of several years where there can put the newly applied i-485's on hold.
"We therefore join the Seventh and Eleventh Circuits in concluding that, in the current circumstances, the language Congress used precludes the INS from issuing a visa pursuant to the DV Program for a given fiscal year upon the expiration of that fiscal year. See Nyaga, 323 F.3d at 914; Iddir v. INS, 301 F.3d 492, 501 (7th Cir. 2002).8
8. Had Coraggioso sought relief prior to the expiration of the 1998 fiscal
year, our analysis may have been different."
So this case is not helpful to us, though it is good for us to be aware of its existence.
I read the end and it was unfortunate. I was talking about visa number reservation where they can reserve visa numbers for us in the future years based on the previous mistake they did. The court can compel USCIS to give visa numbers but maybe not in the same year but in a period of several years where there can put the newly applied i-485's on hold.
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amitjoey
07-03 06:03 PM
clochhead@sfchronicle.com.
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santa123
07-25 06:13 PM
Dear Attorney,
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!!
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!!
more...
bitu72
09-29 02:09 PM
HI can some body answer if we can apply for canadian PR with H1 B valid for less than 1 year.
For canadian citizenship you have to be in canada for 2 yr(physicaly) and after 3 yr after stamping
For canadian citizenship you have to be in canada for 2 yr(physicaly) and after 3 yr after stamping
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gc28262
09-04 11:48 AM
Deleting this thread does not change the facts nor does IMV will gain anything out of it. The reason we even discuss these things here other than immigration is because we have immigrated and we have a common bonding.
_TrueFacts,
IMO IV is not a social networking site for Indians. IV was established for a purpose. Anything that goes against IVs intention should be deleted.
First of all this topic is not at all related to immigration.
More importantly this thread will cause lot of bad publicity for us.
After few weeks you will see TR and Co picking up on this thread and quoting it.
It doesn't matter whether YSR is good or bad, speaking ill of a dead person is considered uncivilized.
_TrueFacts,
IMO IV is not a social networking site for Indians. IV was established for a purpose. Anything that goes against IVs intention should be deleted.
First of all this topic is not at all related to immigration.
More importantly this thread will cause lot of bad publicity for us.
After few weeks you will see TR and Co picking up on this thread and quoting it.
It doesn't matter whether YSR is good or bad, speaking ill of a dead person is considered uncivilized.
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anilsal
11-09 09:33 AM
This discussion can go on and on. Here is my take.
* US is one of the countries people are flocking into. Even lots of people from UK, Australia and Canada come here to settle.
* Given this, whenever there are opportunities to lure people in, there will be takers and people who sell (like preapproved labor). If USCIS puts a stop on preapproved labor, then there will be other avenues to take advantage of.
You may have others in your field/company who are less-educated than you, younger than you and earning more than you, so can you lose sleep over it? No! It is part of life.
Just focus your energies on IV and its adoption. :)
* US is one of the countries people are flocking into. Even lots of people from UK, Australia and Canada come here to settle.
* Given this, whenever there are opportunities to lure people in, there will be takers and people who sell (like preapproved labor). If USCIS puts a stop on preapproved labor, then there will be other avenues to take advantage of.
You may have others in your field/company who are less-educated than you, younger than you and earning more than you, so can you lose sleep over it? No! It is part of life.
Just focus your energies on IV and its adoption. :)
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sidbee
06-01 02:19 PM
Guys,
I have been working here for 9 years and next year we plan to return back to India. I spoke to SSN customer service to find out my retirement and survivor benefits. Being an Indian citizen, all these are available only if me, or my dependants, have a valid residing status with the US, at the time of making the application. The contribution at this point is like getting a right to work. This is outrageous.
We all have been legally invited into this country for a work, and that means the US gov should protect our legal and fair interests. It is universally true that everyone works to protect his family. Now here is a case, where I have no right to my retirement money just because I dont have a legal resident status. Whose fault is this. I already made the application 6 years ago. If my home country does not have the comparable SSN structure, then return the money back? We will pay the taxes and take the money back. Our kids need it.
I dont know what is the appropriate channel to get this fixed. This appears more like human rights violation, or abuse. I am sure there are many in this forum who are in the same boat as I am. Can someone team up with me to do more research or share your discoveries.
To the US, this is what I got to say:
=======================
If you want to protect the jobs for your people, please do it. You have every right. But please dont dump the people you officially invited to augument the workforce of your country into the waters. Before you bring in additional workers to support your companies, do necessary corrections in your immigration policies to let them in only with green card. Dont strangulate their careers. Your existing policies have been burning the aspirations and careers of a lot of innocent people from India and China.
To those innocent legal foreign workers that have already gathered 40 points in SS, you owe them. They deserve citizenship, not green card. I know it is jumping across multitude of issues, but is it not fair.
The only solution , to all our problems, is a LAWSUIT.
The earlier some one has the balls to do it , the better it is.
I have been working here for 9 years and next year we plan to return back to India. I spoke to SSN customer service to find out my retirement and survivor benefits. Being an Indian citizen, all these are available only if me, or my dependants, have a valid residing status with the US, at the time of making the application. The contribution at this point is like getting a right to work. This is outrageous.
We all have been legally invited into this country for a work, and that means the US gov should protect our legal and fair interests. It is universally true that everyone works to protect his family. Now here is a case, where I have no right to my retirement money just because I dont have a legal resident status. Whose fault is this. I already made the application 6 years ago. If my home country does not have the comparable SSN structure, then return the money back? We will pay the taxes and take the money back. Our kids need it.
I dont know what is the appropriate channel to get this fixed. This appears more like human rights violation, or abuse. I am sure there are many in this forum who are in the same boat as I am. Can someone team up with me to do more research or share your discoveries.
To the US, this is what I got to say:
=======================
If you want to protect the jobs for your people, please do it. You have every right. But please dont dump the people you officially invited to augument the workforce of your country into the waters. Before you bring in additional workers to support your companies, do necessary corrections in your immigration policies to let them in only with green card. Dont strangulate their careers. Your existing policies have been burning the aspirations and careers of a lot of innocent people from India and China.
To those innocent legal foreign workers that have already gathered 40 points in SS, you owe them. They deserve citizenship, not green card. I know it is jumping across multitude of issues, but is it not fair.
The only solution , to all our problems, is a LAWSUIT.
The earlier some one has the balls to do it , the better it is.
more...
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imneedy
03-20 10:53 AM
Well there is no reason to say person who started this thread is buying labor.
Can you prove that you got an offer for substitute labor and you rejected it?
:o
If you have a valid point, why don't you start a new thread where people can report those users who post question on substitution. We will see if that forum gets popular.
It is distracting to people who came to look for answers based on title of this post. Good luck at mud slinging!!
......because you are using labor substitution.
At this time nobody can do anything legally against people who are using labor substitution and employers who are secretly selling labor substitution.
This substitution is increasing backlogs, is unfair to people waiting in line, encourages employer exploitation since they use it as an incentive to woo employees and then exploit them, 'selling' is illegal but one must complain against the employer and the employee for DOL to act.
Lawyers are part of this scam. I have read in some posts that even AILA opposed when labor substitution was being ended. It is a lost business opportunity for their lawyer members!!
I have pointed several labor substitution members on the forums in the past. some of them were never found on the forum since they feared being caught. They must have changed their ID or ran away. So until a law is passed for banning it, such 'trade' that hurts our interests will continue.
Good that you guys are only buying labor certifications. There is no 'legal' process to buy greencards directly from employers yet!!
Can you prove that you got an offer for substitute labor and you rejected it?
:o
If you have a valid point, why don't you start a new thread where people can report those users who post question on substitution. We will see if that forum gets popular.
It is distracting to people who came to look for answers based on title of this post. Good luck at mud slinging!!
......because you are using labor substitution.
At this time nobody can do anything legally against people who are using labor substitution and employers who are secretly selling labor substitution.
This substitution is increasing backlogs, is unfair to people waiting in line, encourages employer exploitation since they use it as an incentive to woo employees and then exploit them, 'selling' is illegal but one must complain against the employer and the employee for DOL to act.
Lawyers are part of this scam. I have read in some posts that even AILA opposed when labor substitution was being ended. It is a lost business opportunity for their lawyer members!!
I have pointed several labor substitution members on the forums in the past. some of them were never found on the forum since they feared being caught. They must have changed their ID or ran away. So until a law is passed for banning it, such 'trade' that hurts our interests will continue.
Good that you guys are only buying labor certifications. There is no 'legal' process to buy greencards directly from employers yet!!
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Openarms
07-28 01:46 PM
Where are the Attorney's responses on this thread??
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kalyan
12-13 01:00 PM
Either way, be cautious and thoughtable before you fight against the state
Also, i saw in CNN, for some (who are mexican's also), they served in US military (they are not here legallY) and got the Green Card becoz they shared the nations passion in Iraq.
Think some thing like that here too rather than challenge the state and constitution
If you talk with Caste like in India, may be somewhere down the line, you might ask a state for indians (which is like kashmir for muslims).
Also, i saw in CNN, for some (who are mexican's also), they served in US military (they are not here legallY) and got the Green Card becoz they shared the nations passion in Iraq.
Think some thing like that here too rather than challenge the state and constitution
If you talk with Caste like in India, may be somewhere down the line, you might ask a state for indians (which is like kashmir for muslims).
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anilsal
12-14 12:51 PM
It is good to have constructive arguments. I request you to at least have the decency to use "smileys" (preferably the happier types) at the end of strong sentences, such that u don't come across as rude to the readers..... :cool:
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mbawa2574
02-15 04:03 PM
u r missing my point..
Again you are saying it's a SKILL cap. We can agree business may hire whoever they please but don't pretend that they only hire based on SKILL..
when someone says let business hire the "best and brightest", that's my problem, he implies the best and brightest are concentrated in only two countries so that's what's insane, that's why he won't be taken seriously.
cheers.
Who is preventing people of ROW for applying H1b or Green card EB ? Employers look for availability of talent not for country of origin and anyone who competes in the global market wins. If ROW countries have less people with marketable skills or less people who want to work outside their countries,it is not the problem of Chinese or Indians. There is no logic with Employers being forced to wait for visa numbers to comply with diversity. There should be a FIFO system without any country of birth barriers. USCIS wastes more annual visa numbers due to these country caps. Lets make these guys fine tune this immigration system which is actually against the free market capitalist principles of this country.
Again you are saying it's a SKILL cap. We can agree business may hire whoever they please but don't pretend that they only hire based on SKILL..
when someone says let business hire the "best and brightest", that's my problem, he implies the best and brightest are concentrated in only two countries so that's what's insane, that's why he won't be taken seriously.
cheers.
Who is preventing people of ROW for applying H1b or Green card EB ? Employers look for availability of talent not for country of origin and anyone who competes in the global market wins. If ROW countries have less people with marketable skills or less people who want to work outside their countries,it is not the problem of Chinese or Indians. There is no logic with Employers being forced to wait for visa numbers to comply with diversity. There should be a FIFO system without any country of birth barriers. USCIS wastes more annual visa numbers due to these country caps. Lets make these guys fine tune this immigration system which is actually against the free market capitalist principles of this country.
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vkrishn
07-21 11:23 AM
More than the money, these guys are plain stalkers! They don't leave you even if you are not interested and even after blindly telling them right on their face. Anywhere you go, Costco, Walmrt, Indian grocery stores, Malls these guys are right behind you. Next time i am calling COPS and i am going to report these guys.
Enough of leaving it or taking it lightly becasue of so called "your countrymen" stuff.
what a PITA!
Enough of leaving it or taking it lightly becasue of so called "your countrymen" stuff.
what a PITA!
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dvb123
02-15 10:59 AM
There have been some class actions in Employment based category. Have to research more on these.
http://www.immigrationlinks.com/news/news269.htm
http://www.immigrationlinks.com/news/news269.htm
poorslumdog
05-03 01:21 AM
in this thread... last 1o posts are about newtoearth...
people will take peosonally and call names when they can't argue with facts...
if you can talk on the issue lets discuss else (I know this is what you want when you know that you don't have any facts to support you...)
What is relationship to my ID and Attack on Indian Army by Eelam Guys, Real Stupid ...
... I have been so non popular only aravas browsing the thread...
Hey you know what..
There are many Indian Languages top of you in population in India or in rest of the world
Hindi
PANJABI
Bengali
Telugu
all of the above comminities are living all over the world.. But no one made any noise...
Now you think.. where the problem is .. Every body mingled with locals...
But if any one sees Singapore, Malasia, or SL. you know ...
Enough...
I am out of this disscussion if some one is talking it personally
What about Hindi guys are kicked out in asam and Mumbai. Malasiya, Singapore and SL have tamil population and thats why the noise is.
Basically you are a singala guy in this forum for long time and created this id to today to fight with tamils. Because no other indian guy will call tamil as arava...In fact we hear it for the first time and no one knows or cares what it means.
people will take peosonally and call names when they can't argue with facts...
if you can talk on the issue lets discuss else (I know this is what you want when you know that you don't have any facts to support you...)
What is relationship to my ID and Attack on Indian Army by Eelam Guys, Real Stupid ...
... I have been so non popular only aravas browsing the thread...
Hey you know what..
There are many Indian Languages top of you in population in India or in rest of the world
Hindi
PANJABI
Bengali
Telugu
all of the above comminities are living all over the world.. But no one made any noise...
Now you think.. where the problem is .. Every body mingled with locals...
But if any one sees Singapore, Malasia, or SL. you know ...
Enough...
I am out of this disscussion if some one is talking it personally
What about Hindi guys are kicked out in asam and Mumbai. Malasiya, Singapore and SL have tamil population and thats why the noise is.
Basically you are a singala guy in this forum for long time and created this id to today to fight with tamils. Because no other indian guy will call tamil as arava...In fact we hear it for the first time and no one knows or cares what it means.
sc3
09-23 04:16 PM
Did it occur for a single moment that if some one gets out of the line, the line gets shorter? F Y I, This is NOT about me. This is about every one here. I did not dream of this situation which directly favors some one today. Simply, Not many folks knew it was going to be this bad. Folks who knew, kept quiet telling people that its NOT that bad. There is NOT going to be a single solution that benefits every one involved here. Let it be recapture, country limits or advanced degree exemption. Choice is (y)ours. We can decide to be the frogs in the well and pull the next frog down or we can work on making this pitch which can be palatable to sensible people, who understand the magnanimity of the situation
I am sorry, but ends do not justify the means. By calling people frogs in a well trying to pull down others, you are shutting down valid arguments and concerns.
If the only mentality is that if one gets out of line, the line gets shorter, there are various ways to achieve it (For example: just go on a killing spree targeting all EB applicants). We need something that is acceptable to both the politicians and the immigrants.
I am sorry, but ends do not justify the means. By calling people frogs in a well trying to pull down others, you are shutting down valid arguments and concerns.
If the only mentality is that if one gets out of line, the line gets shorter, there are various ways to achieve it (For example: just go on a killing spree targeting all EB applicants). We need something that is acceptable to both the politicians and the immigrants.