saimrathi
07-06 06:20 PM
Nothing yet.. Hope its on tomm.. please post correct info..
just been informed that the newscast is going is to happen tommorow. apparently there was some "breaking" news!! guys make sure you tune in tomorrow!!
just been informed that the newscast is going is to happen tommorow. apparently there was some "breaking" news!! guys make sure you tune in tomorrow!!
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a1b2c3
10-12 11:11 AM
I do see your point about the unfairness of allowing the old PD. In that case, what do you say about the cross-chargeability provision ? I guess the percentage of people availing of that provision is small, but it does happen.
For example, If you're from India and in EB3, but your spouse was born in a non-retrogressed country, you automatically jump to the earlier PD in your category, EB3-World in this case. Maybe the percentage of such cases is low, and hence there're no protests from the people waiting. I personally know of one colleague who had a later PD than me, but got the EB3-World PD since his spouse was born in Zambia. If EB3-World was current, he'd be green simply because his spouse was born in the "right" country.
Unfair ?? Maybe - but it's legal and allowed. My point is that getting an older PD in both cross category and cross chargeability are allowed today and people will continue to avail of them is they can. As long as the USCIS doesn't have issues with that, applicants will attempt to migrate between categories and countries, during their im-migration process :) Couldn't help myself with that pun there :)
Yes, your point is entirely valid. I didn't know about this cross-country provision. Another unfair provision.
In fact, my point was that unfairness should be dealt with on all possible fronts. If the system works properly, nobody will need to do anything that is even remotely unfair.
I have a strong gut feeling that 2009 would be a good year for EB3. They will start approving more cases I think.
For example, If you're from India and in EB3, but your spouse was born in a non-retrogressed country, you automatically jump to the earlier PD in your category, EB3-World in this case. Maybe the percentage of such cases is low, and hence there're no protests from the people waiting. I personally know of one colleague who had a later PD than me, but got the EB3-World PD since his spouse was born in Zambia. If EB3-World was current, he'd be green simply because his spouse was born in the "right" country.
Unfair ?? Maybe - but it's legal and allowed. My point is that getting an older PD in both cross category and cross chargeability are allowed today and people will continue to avail of them is they can. As long as the USCIS doesn't have issues with that, applicants will attempt to migrate between categories and countries, during their im-migration process :) Couldn't help myself with that pun there :)
Yes, your point is entirely valid. I didn't know about this cross-country provision. Another unfair provision.
In fact, my point was that unfairness should be dealt with on all possible fronts. If the system works properly, nobody will need to do anything that is even remotely unfair.
I have a strong gut feeling that 2009 would be a good year for EB3. They will start approving more cases I think.
hopefullegalimmigrant
07-25 03:29 PM
What not in hand may be (or always be) in head. What in head certainly may not be in hand
:o
So Cheers ....open up your mind and think of things that you can do that are achievable goals from your perspective
:o
So Cheers ....open up your mind and think of things that you can do that are achievable goals from your perspective
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kaizersoze
03-21 02:11 PM
Folks,
Per lawmaker we recently met(WA state), it is imperative that we also get our message across to lawmakers in the midwest and south.
Due to resident strength and businesses employing H1B people(who end up getting stuck in retrogression) in the west and east coasts and large metropolitan cities, the lawmakers in these areas are slightly more aware of our issues. They also get funding from local companies that employ people stuck in retrogression.
However, representatives in the MIdwest and South do not get a lot of funding from local businesses that employ H1Bs and have other local issue that they would rather pursue(agriculture, etc.).
It is imperative that awareness is spread in the midwest and south !!
Per lawmaker we recently met(WA state), it is imperative that we also get our message across to lawmakers in the midwest and south.
Due to resident strength and businesses employing H1B people(who end up getting stuck in retrogression) in the west and east coasts and large metropolitan cities, the lawmakers in these areas are slightly more aware of our issues. They also get funding from local companies that employ people stuck in retrogression.
However, representatives in the MIdwest and South do not get a lot of funding from local businesses that employ H1Bs and have other local issue that they would rather pursue(agriculture, etc.).
It is imperative that awareness is spread in the midwest and south !!
more...
lazycis
01-26 05:44 PM
Title IV, Pub.L. 105-277 (October 21, 1998) "Workforce Improvement Act" (ACWIA) of 1998
http://www.nafsa.org/_/Document/_/acwia_-_american_competitiveness.pdf
Sec. 413 (a)
��(vi)(I) It is a violation of this clause for an employer who has filed an application under this subsection to require an H�1B nonimmigrant to pay a penalty for ceasing employment with the employer prior to a date agreed to by the nonimmigrant and the employer." The employer will not be able to get anything from you. Again, it does not matter whether you sign it or not, the clause has no legal power.
http://www.nafsa.org/_/Document/_/acwia_-_american_competitiveness.pdf
Sec. 413 (a)
��(vi)(I) It is a violation of this clause for an employer who has filed an application under this subsection to require an H�1B nonimmigrant to pay a penalty for ceasing employment with the employer prior to a date agreed to by the nonimmigrant and the employer." The employer will not be able to get anything from you. Again, it does not matter whether you sign it or not, the clause has no legal power.
140jibjab
05-13 04:06 PM
I have tried everything to come back together. but it has really reached a point of not return.
my Pd Dec 03 EB3 India. Please I need advice
my Pd Dec 03 EB3 India. Please I need advice
more...
file485
12-20 01:18 PM
guys..
my question in all this excitement..
2yrs on h1 + 5yrs on h4 is eligible for 4yrs of H1...??!!
please post...
my question in all this excitement..
2yrs on h1 + 5yrs on h4 is eligible for 4yrs of H1...??!!
please post...
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NKR
02-13 09:13 AM
"in india there is a proverb "ulta chor kotwaal ko daante" which exactly is the scenario ......"
Well, in that case you become a ulta employee and trouble your employer...
Well, in that case you become a ulta employee and trouble your employer...
more...
rockstart
04-21 03:13 PM
Trust me there is no way you can sell a diploma as equivalent to degree program. I mean all people can do is if they have 3 Yr BSc + 2 Yr MSc they can hope that CIS accepts it as equal to 4 Yr BS degree. I have seen cases of AMIE candidates rejected stating that US does not recognize AMIE. Now in these two cases atleast their home countries recognize their degrees, In your case India govt will also classify you as diploma holder and not degree holder. Also how can you add 1st year BCom with Hotel Management diploma I mean they are 2 completely different streams?
Here is a solution that I would have done if I was in your shoes. If you have enough time on your H1 then please enroll into a community college or University and try to get a US bachelor degree. I am sure your diploma will help you to get waiver for some courses so that will save time. Also taking evening classes will let you keep your current job. I know it is tough but that is pretty much the best alternative you have. USCIS has clearly stated that your diploma is not equivalent to US degree. I mean even the best evaluation agency can do is compare India degree program to US degree program how can you compare diploma to degree
HI
The minimum educational requirement for the diploma was 10+2. However I did 1st year of BCom out of choice before enrolling in the 3 year diploma. The diploma was for hotel management from a Govt Funded/recognized institute with nationwide entrance tests. DOnt know their acceptance rates but it falls under the umbrella of the Ministry of Tourism.
I think in the denial letter the officer is accepting that I have an equivalent of a bachelors degree but is still denying it. My attorney thinks that he might be mistaken & might have processed the case as EB2 instead of EB3.
Here is a solution that I would have done if I was in your shoes. If you have enough time on your H1 then please enroll into a community college or University and try to get a US bachelor degree. I am sure your diploma will help you to get waiver for some courses so that will save time. Also taking evening classes will let you keep your current job. I know it is tough but that is pretty much the best alternative you have. USCIS has clearly stated that your diploma is not equivalent to US degree. I mean even the best evaluation agency can do is compare India degree program to US degree program how can you compare diploma to degree
HI
The minimum educational requirement for the diploma was 10+2. However I did 1st year of BCom out of choice before enrolling in the 3 year diploma. The diploma was for hotel management from a Govt Funded/recognized institute with nationwide entrance tests. DOnt know their acceptance rates but it falls under the umbrella of the Ministry of Tourism.
I think in the denial letter the officer is accepting that I have an equivalent of a bachelors degree but is still denying it. My attorney thinks that he might be mistaken & might have processed the case as EB2 instead of EB3.
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kart2007
05-17 12:52 PM
First of all make a complaint about the employer to the INS that he is not paying... and make decision, US is not your entire life. If you have confidence you can do anything anywhere in this small world.
So I assume you told this to your neighbor who lives downstairs :D
So I assume you told this to your neighbor who lives downstairs :D
more...
logiclife
12-13 03:29 PM
please give us the name of this company so that we can inform ICE and do our duty to stop fraud.
What he/she is doing is legal. Unless this offer involved payment for labor substituion, in which case its illegal. But good luck trying to prove it. Ever heard of wage kickbacks?
I understand your anger but NO ONE can stop this since its totally legal and if there is a financial transaction, no one will be able to prove it. My only hope is this guy/gal gets his/her employer to use his/her own lawyer instead of company lawyer so that he has control over his case. Otherwise, this guy/gal will be in more pathetic condition than everyone who goes thru 3-4 years of retrogression.
What he/she is doing is legal. Unless this offer involved payment for labor substituion, in which case its illegal. But good luck trying to prove it. Ever heard of wage kickbacks?
I understand your anger but NO ONE can stop this since its totally legal and if there is a financial transaction, no one will be able to prove it. My only hope is this guy/gal gets his/her employer to use his/her own lawyer instead of company lawyer so that he has control over his case. Otherwise, this guy/gal will be in more pathetic condition than everyone who goes thru 3-4 years of retrogression.
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johnamit
07-17 09:44 AM
Yes you are right, there is bound to have EAD flood in market, with spouses of hi-tech worker will come to market to search hi-tech job with spouse phone support. I have seen such cases countless times in past few years and yes they will be in future without exception. However, matter of fact, these fresh EAD (previous H4) don't get the dream job in first attempt, it takes good 2 year to find a similar job that H1b hitech worker does.
But thats the realty of market, every year new jobs are added and every year new job seekers join the crowd.
On the otherside, a hitech worker is suppose to always learning something new and getting his/her position more stronger everyday, its a knowledge market, whoever knows more gets better $$. With my 7yr US exp and total 10 yrs CS exp I have no scare that any single fresh EAD will come close to me. A senior is always a senior no matter which field you talk.
But thats the realty of market, every year new jobs are added and every year new job seekers join the crowd.
On the otherside, a hitech worker is suppose to always learning something new and getting his/her position more stronger everyday, its a knowledge market, whoever knows more gets better $$. With my 7yr US exp and total 10 yrs CS exp I have no scare that any single fresh EAD will come close to me. A senior is always a senior no matter which field you talk.
more...
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waitingnwaiting
05-12 12:17 PM
Pappu,
Reality is DREAM act is directly connected to HISPANIC votes for Democrats, EB community doesnt have any VOTING rights, neither they get any support from the folks who are already GC/UScitizenship holders.
Once people are out of this GC mess, they all start talking about anti immigration and that's the reality, u go to any indian community around and see how much support you have from those folks who have GC/US citizenship.
I agree.
Citizens want to either start consulting companies and get H1B employees or want to stop more Indians coming. More Indians mean less jobs for their children.
Green card holders do not even want to be friends with H1B.
H1B do not want to be friends with F1.
H1 girls want to be married to citizen or Green card holders. Or someone with EB2 PD.
Green card IV members do not even want to come back here.
Reality is DREAM act is directly connected to HISPANIC votes for Democrats, EB community doesnt have any VOTING rights, neither they get any support from the folks who are already GC/UScitizenship holders.
Once people are out of this GC mess, they all start talking about anti immigration and that's the reality, u go to any indian community around and see how much support you have from those folks who have GC/US citizenship.
I agree.
Citizens want to either start consulting companies and get H1B employees or want to stop more Indians coming. More Indians mean less jobs for their children.
Green card holders do not even want to be friends with H1B.
H1B do not want to be friends with F1.
H1 girls want to be married to citizen or Green card holders. Or someone with EB2 PD.
Green card IV members do not even want to come back here.
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hiralal
06-18 08:24 PM
the best way to get more support is to be more inclusive .... what I mean is 1) either we have a parallel campaign for those who are on EAD's only 2) add EAD issue to this campaign too.
------------ on a side note, I wonder what the effect would be if we were to have a campaign saying that we may end up walking away from our homes (jingle keys) because of visa delays / denials ??
btw ..it is still not late to link immigration delays to housing ..see the latest article below from Reuters
... by demand it means new buyers and immigrants are big part of that !!
------------
Housing Sales Lackluster This Spring: Coldwell
This year's peak home-buying season was lackluster, as buyers seeking to trade up to larger houses were absent, said the head of one of the country's largest real estate firms.
Jim Gillespie, president and chief executive of Coldwell Banker Real Estate, in an interview with Reuters, said sales were only modest during the spring, with demand overwhelmingly dominated by first-time home buyers and investors.
AP
"The more important 'move-up' buyers were absent and that is not encouraging," said Gillespie, who is based in Parsippany, New Jersey.
Move-up buyers are those seeking to trade in their current home for a larger one, and Gillespie said that group is important for sustaining a healthy real estate market.
Because of the sharp decline in housing prices and the collapse in consumer demand, homeowners are having difficulty selling their current homes to move up to pricier properties.
"They are key to a U.S. housing market recovery," he said. Gillespie said some of this lack of demand could be alleviated through more incentives. He recently met with U.S.
Congressional leaders to discuss housing, and said he supports a bill currently in the Senate calling for a $15,000 tax credit for all buyers of primary residences, with no income limit, for a period of 12 months.
The current $8,000 tax credit, first passed in February as part of a $787 billion fiscal stimulus plan, is limited to first-time home buyers and expires at the end of November. The proposed plan would expand eligibility to all home buyers and increase the credit to $15,000.
The U.S. housing market is in the midst of its worst downturn since the Great Depression. Home prices have been falling since peaking in the second quarter of 2006, and the Obama Administration has tried various measures to restore that market through tax benefits and temporary halts to foreclosures.
"Congress is focusing on the foreclosure problem, which is a good thing, but they need to focus more on the demand side," he said. Gillespie said market realities have come to bear as well.
"Many people got spoiled by mortgage rates at 5 percent and below," he said. "When the mortgage rate rose above 5 percent, it spooked many buyers who were already hesitant," he said.
------------ on a side note, I wonder what the effect would be if we were to have a campaign saying that we may end up walking away from our homes (jingle keys) because of visa delays / denials ??
btw ..it is still not late to link immigration delays to housing ..see the latest article below from Reuters
... by demand it means new buyers and immigrants are big part of that !!
------------
Housing Sales Lackluster This Spring: Coldwell
This year's peak home-buying season was lackluster, as buyers seeking to trade up to larger houses were absent, said the head of one of the country's largest real estate firms.
Jim Gillespie, president and chief executive of Coldwell Banker Real Estate, in an interview with Reuters, said sales were only modest during the spring, with demand overwhelmingly dominated by first-time home buyers and investors.
AP
"The more important 'move-up' buyers were absent and that is not encouraging," said Gillespie, who is based in Parsippany, New Jersey.
Move-up buyers are those seeking to trade in their current home for a larger one, and Gillespie said that group is important for sustaining a healthy real estate market.
Because of the sharp decline in housing prices and the collapse in consumer demand, homeowners are having difficulty selling their current homes to move up to pricier properties.
"They are key to a U.S. housing market recovery," he said. Gillespie said some of this lack of demand could be alleviated through more incentives. He recently met with U.S.
Congressional leaders to discuss housing, and said he supports a bill currently in the Senate calling for a $15,000 tax credit for all buyers of primary residences, with no income limit, for a period of 12 months.
The current $8,000 tax credit, first passed in February as part of a $787 billion fiscal stimulus plan, is limited to first-time home buyers and expires at the end of November. The proposed plan would expand eligibility to all home buyers and increase the credit to $15,000.
The U.S. housing market is in the midst of its worst downturn since the Great Depression. Home prices have been falling since peaking in the second quarter of 2006, and the Obama Administration has tried various measures to restore that market through tax benefits and temporary halts to foreclosures.
"Congress is focusing on the foreclosure problem, which is a good thing, but they need to focus more on the demand side," he said. Gillespie said market realities have come to bear as well.
"Many people got spoiled by mortgage rates at 5 percent and below," he said. "When the mortgage rate rose above 5 percent, it spooked many buyers who were already hesitant," he said.
more...
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mbawa2574
07-07 07:19 PM
http://youtube.com/watch?v=qP79UslTUr8
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sameer2730
11-20 03:56 PM
How about anyone with a US Masters no matter if it was obtained before filing the GC or just last month? Almost everyone I know has got some US masters in the meantime over the past 5-7 years. The queue will not move if the provision just includes a degree. In fact a lot of EB3 India would benefit since most of us got a masters in the meantime even if it was something like some MBA or information systems management.
Sure the queue will be shorter if people with masters got a GC just as it will be if all spillover goes to the most waiting applicant first, not to mention it will be fairer.
So essentially this talk about US masters is just a self-serving way to jump the queue. There is no crab mentality here. Just trying push ones own importance using any pretext whatsoever.
Sure the queue will be shorter if people with masters got a GC just as it will be if all spillover goes to the most waiting applicant first, not to mention it will be fairer.
So essentially this talk about US masters is just a self-serving way to jump the queue. There is no crab mentality here. Just trying push ones own importance using any pretext whatsoever.
more...
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regacct
07-07 08:19 AM
Over 60% of the US and 90% of Arizona supports the law they passed. Obama and his Attorney General are doing the wrong thing by interfering with state politics. How can these high ranking officials tell state law enforcement NOT TO enforce laws? The Supreme court will favor AZ even before the case starts. Slam Dunk.
Immigration issues are handled by the Federal govt and Arizona is encroaching upon the Fed, and making laws - that is why the Obama govt is calling it unconstitutional.
Secondly, if you want the green card, you better support the feds. Reason, if other states keep passing laws such as AZ, even if nothing happens initially to the legal immigrants - it won't be long before you will be targeted.
Besides, which state law should the USCIS confer to? If your wait is long now, if you believe that USCIS is inefficient - just wait until all the states pass AZ laws..............
Immigration issues are handled by the Federal govt and Arizona is encroaching upon the Fed, and making laws - that is why the Obama govt is calling it unconstitutional.
Secondly, if you want the green card, you better support the feds. Reason, if other states keep passing laws such as AZ, even if nothing happens initially to the legal immigrants - it won't be long before you will be targeted.
Besides, which state law should the USCIS confer to? If your wait is long now, if you believe that USCIS is inefficient - just wait until all the states pass AZ laws..............
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rajakannan
06-28 08:02 PM
if everyone is so confident tht "USCIS has to accept 485 thru JULY 31 no matter what" then why the rush by few to file on july 1st are they selfish and don;t care about others ??, can everyone join together and file on a particular day for the benefi of all ?
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diptam
11-06 12:57 PM
This "AP already approved" so no interimAP(even for emergency) audiotape started since Middle of OCT from NSC IO and local IO's. My AP got LUD on Oct 11th and they said that your AP approved so dont bug us for a duplicate. Wait ... Wait .. Wait ... But how long ??
What do i do now ? I cant travel without this piece of sheet ( i mean paper)
Arent you concerned that if its approved on Oct 1, and you didnt get it, then where is it? Did you ask them as to why you havent gotten it in mail even though it has been approved a month ago? Also, did you check with your lawyer if he got anything?
What do i do now ? I cant travel without this piece of sheet ( i mean paper)
Arent you concerned that if its approved on Oct 1, and you didnt get it, then where is it? Did you ask them as to why you havent gotten it in mail even though it has been approved a month ago? Also, did you check with your lawyer if he got anything?
jasguild
07-17 10:34 AM
I agree with everybody on this thread. I agree this solution ( if any) will be a band aid. I also agree the band-aid is needed to prevent the wound from becoming fetid. I agree this may exacerbate problems.
For all these reasons, it is imperative we do not stop after this anouncement. Our long term goal has to be retrogression relief in one form or the other, including all or some of recapture of unused visas, increase in annual quota, resolution of the FBI name chack black hole, and more that able persons in IV can doubtless think of better than yours truly.
I, for one, am going to be a member of IV long after this anouncement.
WELL SAID!!!
The only thing I would like to add is, when we eventually get our GC, lets not forget those behind us!
jasquil
For all these reasons, it is imperative we do not stop after this anouncement. Our long term goal has to be retrogression relief in one form or the other, including all or some of recapture of unused visas, increase in annual quota, resolution of the FBI name chack black hole, and more that able persons in IV can doubtless think of better than yours truly.
I, for one, am going to be a member of IV long after this anouncement.
WELL SAID!!!
The only thing I would like to add is, when we eventually get our GC, lets not forget those behind us!
jasquil
buddyinsd
01-26 07:27 PM
U donno where to even start. My argument was based on relativity and "most of" theory and never was 100%.
U must be a gulti trying to defend ur region - God bless
Politics of a region / state has nothing to do with this discussion. The school which got shutdown did not have 100% students from one region or country.
FYI All the Hawla, Bofors, Fodder scams, 2G scam did not even occur from the mentioned one state alone !
The state has / had best IIT coaching facilities ( you call it a manufacturing shop, I don't care). Which produced lot of good engineers, who genuine have completed their education in this country and added value here.
It is unfortunate that some people knew what they were doing and others were frustrated with long wait (esp H4's who have been waiting for ever in the retrogression even though their spouses had approved 140's for years) and were told to pursue a shady option saying it was legal by scrupulous body shops wanting to make money. A spouse from no other country other than India and China has to wait this long to EAD, even all the spouses of substitute labor are working on EAD's.
Dont make a blanket statement about corruption, every region has its problems. Even in this country money from recovered from freezers of politicians. Corrupt & Dishonest people exist every place.
U must be a gulti trying to defend ur region - God bless
Politics of a region / state has nothing to do with this discussion. The school which got shutdown did not have 100% students from one region or country.
FYI All the Hawla, Bofors, Fodder scams, 2G scam did not even occur from the mentioned one state alone !
The state has / had best IIT coaching facilities ( you call it a manufacturing shop, I don't care). Which produced lot of good engineers, who genuine have completed their education in this country and added value here.
It is unfortunate that some people knew what they were doing and others were frustrated with long wait (esp H4's who have been waiting for ever in the retrogression even though their spouses had approved 140's for years) and were told to pursue a shady option saying it was legal by scrupulous body shops wanting to make money. A spouse from no other country other than India and China has to wait this long to EAD, even all the spouses of substitute labor are working on EAD's.
Dont make a blanket statement about corruption, every region has its problems. Even in this country money from recovered from freezers of politicians. Corrupt & Dishonest people exist every place.