msp1976
02-18 12:33 PM
I value Mr Unitednations posts as he provides us with the opposing point of view. That is absolutely critical. It would help us strategize and plan.
This has been a very valueable thread. It would be very nice if something positive can result from this. (I can't think of anything. Help me out if you can.)
I agree that his arguments are valuable...
And I believe that those must be countered point to point...
You see... our target membership audience consists of very intelligent people..They come to this site and read UnitedNations arguments...If they accept those arguments ... what would be the net result.???...They would just go away....It gets directly in the way of our efforts.....
That is the reason for this whole shoot out.....
This has been a very valueable thread. It would be very nice if something positive can result from this. (I can't think of anything. Help me out if you can.)
I agree that his arguments are valuable...
And I believe that those must be countered point to point...
You see... our target membership audience consists of very intelligent people..They come to this site and read UnitedNations arguments...If they accept those arguments ... what would be the net result.???...They would just go away....It gets directly in the way of our efforts.....
That is the reason for this whole shoot out.....
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dixie
02-13 01:01 AM
I thought the alien must be present on a dual intent non-immigrant visa to be eligible for AOS (I-485). I don't think people on F1/F4, B1/B2 are eligible to file for AOS while in the US. Consular Processing may be a different story.The H,L and O NIVs are the only ones that I know have dual intent.
They enter on visitors visas. Their I-94 card may be valid for 90 days or 180 days. They have a pre-arrangement with a company or relative to find a company who will file perm labor in eb2; file 140 and 485 and then stay and get their greencard this way. Since perm labors get approved very fast and ROW people are filing in eb2 then they are taking up the quota. Main requirement of filing 485 is one has to be in valid non immigrant status. Anyone who enters USA in non immigrant status (h-1, h-4, L-1, F-1, F-2, B-1/B-2, etc.) and can get a perm labor approved in eb2 and they are from row will get their greencard in less then six months.
They enter on visitors visas. Their I-94 card may be valid for 90 days or 180 days. They have a pre-arrangement with a company or relative to find a company who will file perm labor in eb2; file 140 and 485 and then stay and get their greencard this way. Since perm labors get approved very fast and ROW people are filing in eb2 then they are taking up the quota. Main requirement of filing 485 is one has to be in valid non immigrant status. Anyone who enters USA in non immigrant status (h-1, h-4, L-1, F-1, F-2, B-1/B-2, etc.) and can get a perm labor approved in eb2 and they are from row will get their greencard in less then six months.
hopefulgc
05-29 03:38 PM
IV needs to bring up Charles to the podium and have him answer our questions.
Why?
Because his statements do not make numerical sense.
If he cannot answer our questions, we need someone else to take his job who can.
I am pissed.. are you?
I think as someone said this guy was randomly throwing numbers out there. How come his analysis does not account for remaining 36K EB1 and EB2 ROW applications. Is he suggesting that all EB1 and EB2 ROW are being used up also. Very hard to believe that for 2008 and 2009 with the way the economy is going. Lot of product companies where most of the ROW 485s would likely come from have stopped applying perm since last summer. There is a huge flaw in this analysis and its not as pessimistic as it seems.
BUT, then again we need legislation to wipe the slate clean and clear these 200K applications, so there is a new build up of visa demand and wait times are tolerable for current applicants and future applicants.
Why?
Because his statements do not make numerical sense.
If he cannot answer our questions, we need someone else to take his job who can.
I am pissed.. are you?
I think as someone said this guy was randomly throwing numbers out there. How come his analysis does not account for remaining 36K EB1 and EB2 ROW applications. Is he suggesting that all EB1 and EB2 ROW are being used up also. Very hard to believe that for 2008 and 2009 with the way the economy is going. Lot of product companies where most of the ROW 485s would likely come from have stopped applying perm since last summer. There is a huge flaw in this analysis and its not as pessimistic as it seems.
BUT, then again we need legislation to wipe the slate clean and clear these 200K applications, so there is a new build up of visa demand and wait times are tolerable for current applicants and future applicants.
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thomachan72
01-13 01:46 PM
Long 19 page memo - but loud and clear for many scenarios -
http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf
This memo is an eye opener especially for folks on consulting company assignments and those who are self-sponsored or who want to do their own business. Finding a new H1 sponsor would be extremely difficult as well (AC21 folks beware).
Now getting a new H1 or a transfer or a renewal, may be subject to very stringent scrutiny.
This memo has the potential to throw a lot of small boutique Consulting companies out of business and along with it many of their employees - whether they use H1 or not.
Wish the best for all affected folks.
Pray and hope the GC dream is realized faster for all.
Best Wishes
Please explain why these (see above) will be more difficult if you have read it. What precautions / strategy our members can take etc.
http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf
This memo is an eye opener especially for folks on consulting company assignments and those who are self-sponsored or who want to do their own business. Finding a new H1 sponsor would be extremely difficult as well (AC21 folks beware).
Now getting a new H1 or a transfer or a renewal, may be subject to very stringent scrutiny.
This memo has the potential to throw a lot of small boutique Consulting companies out of business and along with it many of their employees - whether they use H1 or not.
Wish the best for all affected folks.
Pray and hope the GC dream is realized faster for all.
Best Wishes
Please explain why these (see above) will be more difficult if you have read it. What precautions / strategy our members can take etc.
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EndlessWait
10-07 06:36 PM
lets get the message to congress!
rajsenthil
08-17 03:40 PM
May be that immigration officer might have seen his stupid movie(s) and really got irritated. Finally when he got a chance, he let out his frustration.
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hydboy77
06-01 12:28 PM
You are 100% correct, all this pre-adjudication is a nonsense, knowing how uscis does things does anybody believe USCIS will not issue EVL in future, offcourse they will, how else can they justify there existence to continue recieving there salaries and pensions. This is such a joke, the whole idea of pre adjudicating would be that all the processing is done and when the date becomes current they can just pick the file and assign the visa number and issue the green card. But they will not do that, they will tinker with the application and issue an Employment verification letter, they will redo background check, they will ask for finger prints again........unending nightmare, I am not being synical just telling from past USCIS actions.
If we cannot get visa recapture, if we cannot get removal of country quota atleast we should ask for an administrative fix where once the application is pre adjudicated the applicant should be left alone and not issed any Employment verification letter rfe, or semilar\same job proof if they are back logged because of country quota and face multiple year wait, this way atleast it will give people some breating space, the way the system if set up right now, EAD, 485 pre adjudication, I140 approval are all useless if you keep getting Employment verification letter rfe and same semilar job rquirement. Without visa recapure it is going to take atleast 10 years for Eb3 and Eb2 india (eb2 priority date after Mid 2003), in the next 10 years you will keep getting Employement verifivation letter rfe and semilar and same job requirement, there is no way anybody can survive that for 10 yeears.
So guys and gals what do you think about it, maybe we are looking at it the wrong way, instead of visa recapture (I am not saying we should abandon visa recapture) we should also try for exemption of cases which have been preadjucated (485) from Employment verification letter RFE and same and semilar job requirement. Atleast this way even if it takes 10 years to get green card people will not have nightmares of being kicked out any time and with the stability they will invest in buying a house and spending which will stumulate the economy. Its a win win for everyone, for us EB immigrants, for the economy and also easy to fix as an administative fix. We have simpathetic people in Zoe Lofgren (Chair - Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law ) she was instrumental in forcing USCIS to reverse there decision during the july 2007 fiasco and accept the 485 application. We also have Charles Schummer. It is not that big a deal to ask for exemption of cases which have been preadjucated (485) from Employment verification letter RFE and sam and semilar job requirement, there are people with from other counries who have got a green card in a coule of months to 1 or 2 years whereas people from India are waiting with priority dates from 2000 and 2001. Once you get a green card you are exmpted from any rfe or same and semilar job requirement, it takes more than twice the time to get a green card for a person from India that to get a citizenship for a person from ROW. because of the long delays with us being in this process for multiple years and having to wait another 10 years for green card we should request for rfe exmeption for pre adjudicated 485 applications. I am sure we will get a sympathetic ear from Zoe Lofgren and like minded lawmakers. These Employment verification letter RFE and same and semilar job requirement were not framed assuming it takes a person from India 10+ years to get a green card. There were framed assuming it takles 2 to 3 years to get a green card.
Lets be creative and try to work around the problem if we cannot resolve the problem directly, if we dont ask how will the lawmakers know this problem can be resolved by removing EVL RFE and same and semilar job requirement.
It is very likely that these pre-adjudicated cases may be revisited for further processing in future for cases with more recent priority dates. This is just my opinion based on the fact of the predicted slow movement of EB-I priority dates in coming months and next fiscal year. Since so many AOS applicant have been pre-adjudicated , EVL RFE may be issued in future for cases who are pre-adjudicated now but their PD will only become current after 2, 3 or 4 years. This may be to verify that the applicant still has job offer at that time when visa becomes available. So I guess pre-adjudicating application, does it really make sense for later PDs? Any comments on this by other members?
If we cannot get visa recapture, if we cannot get removal of country quota atleast we should ask for an administrative fix where once the application is pre adjudicated the applicant should be left alone and not issed any Employment verification letter rfe, or semilar\same job proof if they are back logged because of country quota and face multiple year wait, this way atleast it will give people some breating space, the way the system if set up right now, EAD, 485 pre adjudication, I140 approval are all useless if you keep getting Employment verification letter rfe and same semilar job rquirement. Without visa recapure it is going to take atleast 10 years for Eb3 and Eb2 india (eb2 priority date after Mid 2003), in the next 10 years you will keep getting Employement verifivation letter rfe and semilar and same job requirement, there is no way anybody can survive that for 10 yeears.
So guys and gals what do you think about it, maybe we are looking at it the wrong way, instead of visa recapture (I am not saying we should abandon visa recapture) we should also try for exemption of cases which have been preadjucated (485) from Employment verification letter RFE and same and semilar job requirement. Atleast this way even if it takes 10 years to get green card people will not have nightmares of being kicked out any time and with the stability they will invest in buying a house and spending which will stumulate the economy. Its a win win for everyone, for us EB immigrants, for the economy and also easy to fix as an administative fix. We have simpathetic people in Zoe Lofgren (Chair - Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law ) she was instrumental in forcing USCIS to reverse there decision during the july 2007 fiasco and accept the 485 application. We also have Charles Schummer. It is not that big a deal to ask for exemption of cases which have been preadjucated (485) from Employment verification letter RFE and sam and semilar job requirement, there are people with from other counries who have got a green card in a coule of months to 1 or 2 years whereas people from India are waiting with priority dates from 2000 and 2001. Once you get a green card you are exmpted from any rfe or same and semilar job requirement, it takes more than twice the time to get a green card for a person from India that to get a citizenship for a person from ROW. because of the long delays with us being in this process for multiple years and having to wait another 10 years for green card we should request for rfe exmeption for pre adjudicated 485 applications. I am sure we will get a sympathetic ear from Zoe Lofgren and like minded lawmakers. These Employment verification letter RFE and same and semilar job requirement were not framed assuming it takes a person from India 10+ years to get a green card. There were framed assuming it takles 2 to 3 years to get a green card.
Lets be creative and try to work around the problem if we cannot resolve the problem directly, if we dont ask how will the lawmakers know this problem can be resolved by removing EVL RFE and same and semilar job requirement.
It is very likely that these pre-adjudicated cases may be revisited for further processing in future for cases with more recent priority dates. This is just my opinion based on the fact of the predicted slow movement of EB-I priority dates in coming months and next fiscal year. Since so many AOS applicant have been pre-adjudicated , EVL RFE may be issued in future for cases who are pre-adjudicated now but their PD will only become current after 2, 3 or 4 years. This may be to verify that the applicant still has job offer at that time when visa becomes available. So I guess pre-adjudicating application, does it really make sense for later PDs? Any comments on this by other members?
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JazzByTheBay
12-13 05:53 PM
The Visa Lottery (which afaik has been discontinued... )???
jazz
This problem has arisen out of a desire for the labor but not wishing to give the immigration benefits due to concerns which are not always convenient or comfortable to state.
If H1b was also a quota system, this would all be a moot discussion. Since it is not, and we have an unlimited L1 program we have this situation.
A few points are truly ridiculous. Anguilla with its 5K citizens has the same quota as India or China? How does that promote diversity. If every Anguillan applied in EB their quota would not get filled. Yet India has more diversity of religion, language, caste and virtually anything else you can imagine except perhaps ethnicity, arguably it has more diversity than Europe.
The worst insult in my view is EB immigration being quota based in a so called meritocracy. Either you are a meritocracy or you are not. If you want to promote diversity, then you can do so in FB or diversity category or something like that. If you really want to promote diversity then, you can argue this country already has enough people of northern European, German, Irish, Italian ancestry etc.
Which brings me to the main point, which is that it may be inconvenient, and it may be uncomfortable to say, but immigration(of all types) has, does and perhaps for the foreseeable future will have racial undertones.
A constitutional challenge will invariably run into the issue of aliens not having the same rights as citizens since no other argument can realistically hold any sway.
jazz
This problem has arisen out of a desire for the labor but not wishing to give the immigration benefits due to concerns which are not always convenient or comfortable to state.
If H1b was also a quota system, this would all be a moot discussion. Since it is not, and we have an unlimited L1 program we have this situation.
A few points are truly ridiculous. Anguilla with its 5K citizens has the same quota as India or China? How does that promote diversity. If every Anguillan applied in EB their quota would not get filled. Yet India has more diversity of religion, language, caste and virtually anything else you can imagine except perhaps ethnicity, arguably it has more diversity than Europe.
The worst insult in my view is EB immigration being quota based in a so called meritocracy. Either you are a meritocracy or you are not. If you want to promote diversity, then you can do so in FB or diversity category or something like that. If you really want to promote diversity then, you can argue this country already has enough people of northern European, German, Irish, Italian ancestry etc.
Which brings me to the main point, which is that it may be inconvenient, and it may be uncomfortable to say, but immigration(of all types) has, does and perhaps for the foreseeable future will have racial undertones.
A constitutional challenge will invariably run into the issue of aliens not having the same rights as citizens since no other argument can realistically hold any sway.
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hiralal
08-16 07:38 AM
I am a patriotic Indian. Why the hell cant this Khan guy go through the same ordeal as an ordinary Indian or any other passenger. Why all the fuss? Is he god??? Hell NO...I would just tell him to shut up and carry on with life. He is an idiot and just doing this for more publicity. How many Indian muslims go through this shit everyday? Why cant he tolerate this 2 hr ordeal like an ordinary Indian muslim or for that matter hindu? Racial profiling is for everyone who is colored and non-US citizen. He is not a good guy as he cant even take a 2 hr ordeal as an ordinary citizen because he thinks he is GOD...when in fact he is as ordinary as anybody. Just because he has money, name and fame should be become god? no way. I dont mind if the Indian airport security frisked Tom Cruise or any other actor. Who cares!! Its our countrys security, but you know what India wont do that as all the airport officials incl. security are so corrupt and also if they see white skin they will just allow them freely thinking they are god!! thats our stupidity not the americans???
I am glad this happened to the so called "King Khan" as he is king only in his mind. Not for me because for me he is a talented actor other than that he is not GOD but just a mere human being..
I sort of agree with the above - why all this fuss - it should be an eye opener to him that he is a human after all. maybe he should become more charitable to poor Indians like hollywood stars are if he wants to earn my respect. there is too much of hero worship in India and they sort of think themselves as god (it is not just SRK but even cricketers like Tendulkar etc - they are just not charitable like steve waugh etc)
Read SRK's latest comment "'King' Khan stunned the large number of Indian-Americans when he told them that he does not feel like stepping on the American soil any more, but it is the love and affection of millions of his fans in the US which would bring him to this country again and again. "
it is like saying - I don't like Cake - I hate it --- but I will eat it again and again --hopefully he will face ordeal like this again and again :D
I am glad this happened to the so called "King Khan" as he is king only in his mind. Not for me because for me he is a talented actor other than that he is not GOD but just a mere human being..
I sort of agree with the above - why all this fuss - it should be an eye opener to him that he is a human after all. maybe he should become more charitable to poor Indians like hollywood stars are if he wants to earn my respect. there is too much of hero worship in India and they sort of think themselves as god (it is not just SRK but even cricketers like Tendulkar etc - they are just not charitable like steve waugh etc)
Read SRK's latest comment "'King' Khan stunned the large number of Indian-Americans when he told them that he does not feel like stepping on the American soil any more, but it is the love and affection of millions of his fans in the US which would bring him to this country again and again. "
it is like saying - I don't like Cake - I hate it --- but I will eat it again and again --hopefully he will face ordeal like this again and again :D
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PlainSpeak
01-14 10:06 AM
Plainspeak wasting time.
He was member 2006 onward. Did nothing. Wasted time. Now facing job problem. Need Greencard and now want IV to do for him.
Typical of some lowskill EB3I do nothing and blame. Go do something. Learn some . Become expert and apply EB1 if you so bright. IV does not value Plainspeak. See no reply from admin yet. Proves he wasting his time.
He was member 2006 onward. Did nothing. Wasted time.
Yes i am a meber since 2006 and yes helping others does not just mean be an IV DONOR and volunteer. Helping others can be done is other ways also
Now facing job problem. Need Greencard and now want IV to do for him. My friend it is because my job has become secure now is teh reasn why i am able to concentrate more on this. IV does not do anything for anyone. We do it for ourselves and the we includes not just you but even me my friend
Go do something. Learn some . Become expert and apply EB1 if you so bright. IV does not value Plainspeak. See no reply from admin yet. Proves he wasting his time.
As i said it before i started a GC process once and i am damn well NOT going to start a new process. Why should i start a new process in EB2 or EB1. I wil lfight for this EB3 gc even if it takes 10 years (Who am i kindding it will takle more than that but th espirit to fight i never diminished)
Typical of some lowskill EB3I do nothing and blame.
To get to the point my friend there is a saying in America called as DIGNITY OF LABOUR. What is means (And i have to explain to you bceause obviously you do not undestand) what ever the skills and labour a person is doing whether he is a rocket scientist or whether he si a garbage collector every job is a lobour of hard work and every job deserves a respect. Now that we go that out of the way what was that you were saying about my low skills EB3I. Are you even aware of what you are doing. You are abusing a person for being EB3I. That is not there on IV charter. You are going against the charter
Ok i am waiting for all the senior members and donors to jump inhere an do the right thing. Dont you always talk about righta nd wrong and that therte is no difference between EB2 and EB3 and here you havea guy abusing some one jst becasue he is EB3India
Sileeeeeeeeeeeeeeeeeeeeeeence croack croack No Reply
He was member 2006 onward. Did nothing. Wasted time. Now facing job problem. Need Greencard and now want IV to do for him.
Typical of some lowskill EB3I do nothing and blame. Go do something. Learn some . Become expert and apply EB1 if you so bright. IV does not value Plainspeak. See no reply from admin yet. Proves he wasting his time.
He was member 2006 onward. Did nothing. Wasted time.
Yes i am a meber since 2006 and yes helping others does not just mean be an IV DONOR and volunteer. Helping others can be done is other ways also
Now facing job problem. Need Greencard and now want IV to do for him. My friend it is because my job has become secure now is teh reasn why i am able to concentrate more on this. IV does not do anything for anyone. We do it for ourselves and the we includes not just you but even me my friend
Go do something. Learn some . Become expert and apply EB1 if you so bright. IV does not value Plainspeak. See no reply from admin yet. Proves he wasting his time.
As i said it before i started a GC process once and i am damn well NOT going to start a new process. Why should i start a new process in EB2 or EB1. I wil lfight for this EB3 gc even if it takes 10 years (Who am i kindding it will takle more than that but th espirit to fight i never diminished)
Typical of some lowskill EB3I do nothing and blame.
To get to the point my friend there is a saying in America called as DIGNITY OF LABOUR. What is means (And i have to explain to you bceause obviously you do not undestand) what ever the skills and labour a person is doing whether he is a rocket scientist or whether he si a garbage collector every job is a lobour of hard work and every job deserves a respect. Now that we go that out of the way what was that you were saying about my low skills EB3I. Are you even aware of what you are doing. You are abusing a person for being EB3I. That is not there on IV charter. You are going against the charter
Ok i am waiting for all the senior members and donors to jump inhere an do the right thing. Dont you always talk about righta nd wrong and that therte is no difference between EB2 and EB3 and here you havea guy abusing some one jst becasue he is EB3India
Sileeeeeeeeeeeeeeeeeeeeeeence croack croack No Reply
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doknek
07-17 01:33 PM
If PD moves to last quarter of 2007 within a year, then there would be no candidates (EB2), since all will still be stuck in PERM audits which will take 6-12 more months to clear + I-140 processing time.
So, they move PD dates faster but freeze PERM apps. I am confused:confused: Any insights?
So, they move PD dates faster but freeze PERM apps. I am confused:confused: Any insights?
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mundada
07-10 11:32 AM
Best Wishes!
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jsb
06-05 03:49 PM
I guess many have mentioned this before.
Diversity should not be based on "country" as well. For example I can easily say that "India" has to be considered as "20 different countries", if it divided based on diversity. And probably many of the europian countries combined should be "1 country".
Means if the diversity quota is 100 per year, to call for proper diversity.....
2000 for India...
100 for many of the european countries combined....
(Note: I didn't mean "ALL of europe", I know that whole Europe is pretty diverse as well...)
Country based "diversity" doesn't make sense at all.
We are not discussing justifications of US laws. We are trying to find ways within the existing laws, for speeding up our cases.
Diversity should not be based on "country" as well. For example I can easily say that "India" has to be considered as "20 different countries", if it divided based on diversity. And probably many of the europian countries combined should be "1 country".
Means if the diversity quota is 100 per year, to call for proper diversity.....
2000 for India...
100 for many of the european countries combined....
(Note: I didn't mean "ALL of europe", I know that whole Europe is pretty diverse as well...)
Country based "diversity" doesn't make sense at all.
We are not discussing justifications of US laws. We are trying to find ways within the existing laws, for speeding up our cases.
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vivid_bharti
05-01 05:51 PM
Your statement is uncalled for, his opinion is not from people of UP or Bihar, everwhere people have different opnions, and BTW Nitish Kumar & Mayawati are any day better than Karunanidhi, Vilas Rao Deshmukh & YSR and above all they are a million times better than Maino Antonia whom the whole country voted..... Pandey - I no longer wonder why Mulayam/Mayavati/ Lalu and Paswan rule in UP & Bihar.
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hebbar77
09-04 03:23 PM
apt29.
Image of india : what are you talking abt.
I can tell you how corrupt indian govts are from my personal experience.
If someone dies at ur home, to get the govt doctor come and give you clearance to take the body to burial it takes thousands of rupees. Police need no less either. Else your loved one will be waiting for those ***. If you have to claim ur loved ones insurance to take care of expenses during his death, offices play u around... They just want more money!!
I see people changing faith to get free money... its not abt faith but division in our own people. We like foreign cars, foreign made netas, foreign faiths... foreign jobs... oh #!?***
With this happening to you if you are worried abt ur countries outside image... I have nothing to say...
For all who are unhappy with govt in india : why dont we start a political party of our own?
Image of india : what are you talking abt.
I can tell you how corrupt indian govts are from my personal experience.
If someone dies at ur home, to get the govt doctor come and give you clearance to take the body to burial it takes thousands of rupees. Police need no less either. Else your loved one will be waiting for those ***. If you have to claim ur loved ones insurance to take care of expenses during his death, offices play u around... They just want more money!!
I see people changing faith to get free money... its not abt faith but division in our own people. We like foreign cars, foreign made netas, foreign faiths... foreign jobs... oh #!?***
With this happening to you if you are worried abt ur countries outside image... I have nothing to say...
For all who are unhappy with govt in india : why dont we start a political party of our own?
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unitednations
02-18 09:59 PM
Aiming London shooting Tokyo that's what your reasoning looks like. There's no point in arguing\discussing based on such logic.
You are not a messenger, you are a opponent of 485 measure, I think there is a big and clear difference between both.
If 485 measure is not of much help, I wonder why all the poeple who have applied for 485 keep wasting there time and money renewing there EAD every year.
Please lay out why they should allow 485 filing that is in USA benefit and the employer who is sponsoring you benefit. Employment base is not a humanitarian base greencard.
I will list the reasons people use and then the arguments people would use against you and then you can counter it.
1) 485 filing will allow me to change my job or get promoted and I won't be tied to my employer
----it is employer base system. you are supposed to work with them permanently. nothing in the law stops you from changing employers. Just get them to file another h-1b for you; get the new employer or position to file another labor for you.
----but the new employer I have won't file greencard or h-1b/
----looks like they don't need a foreigner. if they did then they would do it for you wouldnt they?
----i want to go back to school.
----get an f-1
-----the uncertainty is killing me
-----lucky you are allowed to stay here and wait and work. others have to wait outside usa until their number is called. you can go back home and wait for your number to get called - like spouses of greencard holders; siblings of u.s. citizens; over 21 year old children of u.s. citizens.
-----I want to change to a totally new profession
-----You are getting a greencard because a specific employer needs you on a permanent basis don't they? Looks like you don't have intention to work permanently for them. Nothing is stopping another employer to file a greencard for you.
----but i can't work for them because the job won't qualify for h-1b and they won't wait five years for the quota to get current to employ me.
-----how come employers aren't lobbying for you? if they have to wait 5 years for you then why are we not hearing from them?
2) I want my spouse to work. they are underutilized.
---- Did you know that it is a non working visa? EB greencard is to control the number of workers coming into the workforce and to not flood the market
3) the intention of ac21 was to be free and clear of your employer after 180 days of filing.
-------no, not really; once your number comes up and it is in the quota and we don't adjudicate it within 180 days then you can change. We still need to control the workforce and determine how many people we want to let in.
=========================================
One thing everyone loses sight of is that EB greencard is not humanitarian greencard. It is specific to an employer. One way to look at it is that you are not underprivileged because you are allowed to stay here and work and wait whereas other immigrant wannabes do not have that luxury.
Now before people start raning; you need to figure out how it is in the country and employer benefit for you to get the greencard or file a 485. Your reasons cannot be against the nature and purpose of employment base greencard. If it is then it doesn't have much merit within the current law.
You are not a messenger, you are a opponent of 485 measure, I think there is a big and clear difference between both.
If 485 measure is not of much help, I wonder why all the poeple who have applied for 485 keep wasting there time and money renewing there EAD every year.
Please lay out why they should allow 485 filing that is in USA benefit and the employer who is sponsoring you benefit. Employment base is not a humanitarian base greencard.
I will list the reasons people use and then the arguments people would use against you and then you can counter it.
1) 485 filing will allow me to change my job or get promoted and I won't be tied to my employer
----it is employer base system. you are supposed to work with them permanently. nothing in the law stops you from changing employers. Just get them to file another h-1b for you; get the new employer or position to file another labor for you.
----but the new employer I have won't file greencard or h-1b/
----looks like they don't need a foreigner. if they did then they would do it for you wouldnt they?
----i want to go back to school.
----get an f-1
-----the uncertainty is killing me
-----lucky you are allowed to stay here and wait and work. others have to wait outside usa until their number is called. you can go back home and wait for your number to get called - like spouses of greencard holders; siblings of u.s. citizens; over 21 year old children of u.s. citizens.
-----I want to change to a totally new profession
-----You are getting a greencard because a specific employer needs you on a permanent basis don't they? Looks like you don't have intention to work permanently for them. Nothing is stopping another employer to file a greencard for you.
----but i can't work for them because the job won't qualify for h-1b and they won't wait five years for the quota to get current to employ me.
-----how come employers aren't lobbying for you? if they have to wait 5 years for you then why are we not hearing from them?
2) I want my spouse to work. they are underutilized.
---- Did you know that it is a non working visa? EB greencard is to control the number of workers coming into the workforce and to not flood the market
3) the intention of ac21 was to be free and clear of your employer after 180 days of filing.
-------no, not really; once your number comes up and it is in the quota and we don't adjudicate it within 180 days then you can change. We still need to control the workforce and determine how many people we want to let in.
=========================================
One thing everyone loses sight of is that EB greencard is not humanitarian greencard. It is specific to an employer. One way to look at it is that you are not underprivileged because you are allowed to stay here and work and wait whereas other immigrant wannabes do not have that luxury.
Now before people start raning; you need to figure out how it is in the country and employer benefit for you to get the greencard or file a 485. Your reasons cannot be against the nature and purpose of employment base greencard. If it is then it doesn't have much merit within the current law.
more...
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kondur_007
07-22 02:20 PM
for EB3 - I guess it is good that they are not allowing concurrent /premium 140 filing ..am I right ? because if they make EB2 current and they cannot use up the visas then they would make EB3-ww available ? wishfull thinking ..but hope that it works / happens that way
Yes, that is a wishful thinking.
The issue for EB3 is this:
There is already a big backlog of EB2 cases, and unless EB2 numbers overflow to EB3, it will not advance to any appreciable extent. (also the number of filers in EB3 is higher than in EB2: including large numbers in EB3 ROW--not just highly subscribed countries).
It would be anybody's guess when EB3 will move; but my guess is: not for next 2-3 years and may be longer (I dont mean to offend anyone, this is just my guess) unless there is a change in law (likely to happen with new president).
If I were EB3 today, this is what I would do: Try to get EB2. (and I do realize that it is very expensive, time consuming and merely impossible for many EB3). When I mentioned this in one of my previous posts, I got an angry reply "then EB2 will become like EB3"....BUT THIS JUST SOMETHING FROM THE STAND POINT OF SOMEONE IN EB3....remember, i dont want people ahead of me in line either (I am EB2 and people switching from EB3 to EB2 with older priority dates will only delay MY GC; this is just an opinion from the stand point of EB3).
If you are EB3 (and PD is not VERY old), and if you can not switch to EB2; sit back and relax...be happy with your EAD and AP and it is only a matter of time (I know, it is easy to say and I really do not mean to offend anyone here, but that is the reality...).
Good luck to everyone...
Yes, that is a wishful thinking.
The issue for EB3 is this:
There is already a big backlog of EB2 cases, and unless EB2 numbers overflow to EB3, it will not advance to any appreciable extent. (also the number of filers in EB3 is higher than in EB2: including large numbers in EB3 ROW--not just highly subscribed countries).
It would be anybody's guess when EB3 will move; but my guess is: not for next 2-3 years and may be longer (I dont mean to offend anyone, this is just my guess) unless there is a change in law (likely to happen with new president).
If I were EB3 today, this is what I would do: Try to get EB2. (and I do realize that it is very expensive, time consuming and merely impossible for many EB3). When I mentioned this in one of my previous posts, I got an angry reply "then EB2 will become like EB3"....BUT THIS JUST SOMETHING FROM THE STAND POINT OF SOMEONE IN EB3....remember, i dont want people ahead of me in line either (I am EB2 and people switching from EB3 to EB2 with older priority dates will only delay MY GC; this is just an opinion from the stand point of EB3).
If you are EB3 (and PD is not VERY old), and if you can not switch to EB2; sit back and relax...be happy with your EAD and AP and it is only a matter of time (I know, it is easy to say and I really do not mean to offend anyone here, but that is the reality...).
Good luck to everyone...
girlfriend %IMG_DESC_14%
roseball
07-10 11:29 AM
Wish you the very best byeusa......
I might be moving to Canada next summer if there is no progress in my case here...My PD is Nov 2003 EB-3...I got my Canadian PR in May 2005 and I have until May 2008 to move.....So keeping my fingers crossed..I too work for a Canadian company in US.....Wish you good luck...
I might be moving to Canada next summer if there is no progress in my case here...My PD is Nov 2003 EB-3...I got my Canadian PR in May 2005 and I have until May 2008 to move.....So keeping my fingers crossed..I too work for a Canadian company in US.....Wish you good luck...
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gsc999
09-30 12:21 PM
I have done a lot of research on this :::
A good option is if you try and get a job in Detroit, MI. You can then live across the border in Windsor, ON and commute daily between Canada and US.Windsor is basically suburb of Detroit right across from Detroit river ex like Mumbai and Navi Mumbai, Hyderabad and Secundrabad etc.
This way you get best of both worlds
1) You keep H1B visa and US GC going.
2) You earn in US $ and can avail of US job opportunity.
3) You can earn time towards maintaining Canadian PR and Canadian Citizenship.
Disadvantage
1) This option is limited to getting a job/transfer in Detroit Metro area.
2) Some days there may be delay at border if US is on high alert, so you need to be conservative and add time for border inspection to your commute.
3) You have to file taxes in both US and Canada (but its not double taxes).
---
Thanks for the good info. But there is some talk of implementing passports for travel between Canada and US for security reasons. This parameter should be part of the SWOT analysis also. See below for the excerpt of actual news story:
Canadians shouldn't get too excited by Congress's decision to push back the Jan. 1, 2008, deadline requiring passports for all travellers entering the United States, Washington's top passport official warns.
The new deadline of June 1, 2009, passed yesterday, is only the last possible date to implement the controversial plan, according to Frank Moss, the deputy assistant secretary for passport services in the U.S. State Department. And it could be, in fact, "significantly earlier."
"The sooner it is done the better in terms of travel security," he said. "Don't think 'Oh, 17 months delay. I don't have to do anything about this.' Nothing's changing. It could very well be sooner than that and it will certainly change much sooner than that in terms of air travel to the United States."
A good option is if you try and get a job in Detroit, MI. You can then live across the border in Windsor, ON and commute daily between Canada and US.Windsor is basically suburb of Detroit right across from Detroit river ex like Mumbai and Navi Mumbai, Hyderabad and Secundrabad etc.
This way you get best of both worlds
1) You keep H1B visa and US GC going.
2) You earn in US $ and can avail of US job opportunity.
3) You can earn time towards maintaining Canadian PR and Canadian Citizenship.
Disadvantage
1) This option is limited to getting a job/transfer in Detroit Metro area.
2) Some days there may be delay at border if US is on high alert, so you need to be conservative and add time for border inspection to your commute.
3) You have to file taxes in both US and Canada (but its not double taxes).
---
Thanks for the good info. But there is some talk of implementing passports for travel between Canada and US for security reasons. This parameter should be part of the SWOT analysis also. See below for the excerpt of actual news story:
Canadians shouldn't get too excited by Congress's decision to push back the Jan. 1, 2008, deadline requiring passports for all travellers entering the United States, Washington's top passport official warns.
The new deadline of June 1, 2009, passed yesterday, is only the last possible date to implement the controversial plan, according to Frank Moss, the deputy assistant secretary for passport services in the U.S. State Department. And it could be, in fact, "significantly earlier."
"The sooner it is done the better in terms of travel security," he said. "Don't think 'Oh, 17 months delay. I don't have to do anything about this.' Nothing's changing. It could very well be sooner than that and it will certainly change much sooner than that in terms of air travel to the United States."
BharatPremi
07-13 01:47 AM
As I mentioned, I love it in the States. But to love the States is not to say other places are not also very good. And when weighing your options between perpetual immigration and settling somewhere else, there might be value in considering other options. Which by the way, is the point of the this thread. Perhaps nuance is lost on someone of your obvious genius.
Also, I was quoting from a set of facts related to The Economists quality of life Indexes. Helping to inform people. In addition to that, I've lived many, many years in all 3 countries.
You on the other hand, contributed exactly what to the conversation?
I hope you recall your message to me next time you complain about the US immigration system and they say "So? If you hate it so much, why don't you F@@K off back to where you came from?"
SWO,
I would not take much to reply your junk...I have also replied to other one so please read that... I can be ready to read your ... if you first prove by taking Canadian Immigration and start writing this junk from your promising land of Canada. IN that case not only me but many others would see legitimacy.As long as you are on USA land please do not be contradictory... That is it. Bye for now.
Also, I was quoting from a set of facts related to The Economists quality of life Indexes. Helping to inform people. In addition to that, I've lived many, many years in all 3 countries.
You on the other hand, contributed exactly what to the conversation?
I hope you recall your message to me next time you complain about the US immigration system and they say "So? If you hate it so much, why don't you F@@K off back to where you came from?"
SWO,
I would not take much to reply your junk...I have also replied to other one so please read that... I can be ready to read your ... if you first prove by taking Canadian Immigration and start writing this junk from your promising land of Canada. IN that case not only me but many others would see legitimacy.As long as you are on USA land please do not be contradictory... That is it. Bye for now.
logiclife
02-12 09:04 PM
Per country limit applies to every country in exactly the same way. It doesn't discriminate between Chad or China. So, how is it discrimination? And think about it- in Olympics soccer/basketball every country can send only one team. Should China and India be allowed to send more teams since they have a larger population? We should try to increase the number of GCs.
That is an apples to dinosaur analogy.
The per-country ceiling was originally created in order to establish and maintain proportionality in various immigrants coming from different countries in FAMILY BASED IMMIGRATION.
Family based immigration is driven by family relationship. Its not driven by talent or economic contribution. Therefore its important to make sure that no country completely dominates the family based immigration system by getting a head start. If one country is ahead initially in sending immigrants (like the Irish in the 1920s and Italians in 1930s), then that country's immigrants would sponsor their family and that new family would in turn sponsor their relatives and so on. Whichever country has an advantage in the begining would keep building on that advantage and eat up the entire family based quota. That's why when they wrote the INA in 1965 by codifying a bunch of loose federal regulations that governed immigration, they inserted the per-country ceiling. And that makes sense even today in Family based immigration.
Every country in the world has unlimited potential to send family members and relatives to America. But every country in the world does not have unlimited potential to send Ph.Ds and skilled labor. That ability is disproportionately huge with India, China, Mexico and Phillipines.
The per-country ceilings got INHERITED into employment based system because our legislators were too lazy to spot the difference in two systems. One system gives you a green card because you are related to someone. Other system gives you a green card because you have skills that are wanted by an employer here.
Benefits driven by family relationship should be rationed and given out propotionally because an Irish family, Italian family and a Chinese family all love their families equally and the value of family re-unification is the same. You cant say that the Irish love their sibilings more than the Chinese or Indians do. HENCE THE COUNTRY LIMITS IN FAMILY BASED SYSTEM.
But in employment based system, what the system is doing is that an Irish guy, (or any ROW guy) with Bachelor's degree in EB3 is getting green card sooner than an Indian guy or Chinese guy with masters degree in EB2. THAT IS DISCRIMINATION. Yes, that is discrimination not matter how you slice it and dice it with your olympic analogies.
That is an apples to dinosaur analogy.
The per-country ceiling was originally created in order to establish and maintain proportionality in various immigrants coming from different countries in FAMILY BASED IMMIGRATION.
Family based immigration is driven by family relationship. Its not driven by talent or economic contribution. Therefore its important to make sure that no country completely dominates the family based immigration system by getting a head start. If one country is ahead initially in sending immigrants (like the Irish in the 1920s and Italians in 1930s), then that country's immigrants would sponsor their family and that new family would in turn sponsor their relatives and so on. Whichever country has an advantage in the begining would keep building on that advantage and eat up the entire family based quota. That's why when they wrote the INA in 1965 by codifying a bunch of loose federal regulations that governed immigration, they inserted the per-country ceiling. And that makes sense even today in Family based immigration.
Every country in the world has unlimited potential to send family members and relatives to America. But every country in the world does not have unlimited potential to send Ph.Ds and skilled labor. That ability is disproportionately huge with India, China, Mexico and Phillipines.
The per-country ceilings got INHERITED into employment based system because our legislators were too lazy to spot the difference in two systems. One system gives you a green card because you are related to someone. Other system gives you a green card because you have skills that are wanted by an employer here.
Benefits driven by family relationship should be rationed and given out propotionally because an Irish family, Italian family and a Chinese family all love their families equally and the value of family re-unification is the same. You cant say that the Irish love their sibilings more than the Chinese or Indians do. HENCE THE COUNTRY LIMITS IN FAMILY BASED SYSTEM.
But in employment based system, what the system is doing is that an Irish guy, (or any ROW guy) with Bachelor's degree in EB3 is getting green card sooner than an Indian guy or Chinese guy with masters degree in EB2. THAT IS DISCRIMINATION. Yes, that is discrimination not matter how you slice it and dice it with your olympic analogies.
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