Ramba
04-20 03:50 PM
First there is not enough AC21 cases to give feed back how their 485s were handled (approved/detail of RFE/denied) due to job change. Becase, almost all guys who used ac21 still in waiting game due to retrogression.
The main thing what I see here is, USCIS has not yet published the final regulation to interpret AC21 act, even after 7 years of passing AC21 act. They are issuing internal field office memo. These memos are non-binding. In other words, one cannot firmly relay on memos or challange the USCIS decision on AC21 portability according to these memos.
However, sofar, these memos are very favorable to workers, including allowing self-employment, one can port even before 140 approval ect...However, USCIS were cautioning in each memos, that the final regulation may be restrictive than memos. If they took restrictive position in final regulation, it will be a huge problem for most peoples, as they might have violated the final regulation.
Another issue is, definition of "same or similar occupational classification". This is going to be very subjective based on how uscis adjudicator going to compare old and new jobs. The memo says by comparing job duties both old and new jobs and based on SOC or ONET code of old and new job they have to decide both jobs are same or similar. As there is no clear regulation it is big issue to go howmuch level of similarity between jobs. For example one guy may think "database administrator" and "network administrator" are similar job to port. The USCIS may think it may not. It is not quantified.
I feel IV should advocate on liberal/quantifyable defintion for similar jobs in AC21 interpretation. For example, all computer professional jobs should be considered as similar jobs as well as all engineering jobs should be considered similar to port. For example mining engineer can port to chemical engineer job etc...
Also, if any one port to self employment in similar job, there is no much information available wheter one should open a company in his/her name or not (by just working in 1099 etc.. for multiple positions). This needs to have a flexible option for workers, like one can work in 1099 w/o opening a bussiness.
Also, IV should advocate on not to have any restrictive interpretation in final regulation.
The main thing what I see here is, USCIS has not yet published the final regulation to interpret AC21 act, even after 7 years of passing AC21 act. They are issuing internal field office memo. These memos are non-binding. In other words, one cannot firmly relay on memos or challange the USCIS decision on AC21 portability according to these memos.
However, sofar, these memos are very favorable to workers, including allowing self-employment, one can port even before 140 approval ect...However, USCIS were cautioning in each memos, that the final regulation may be restrictive than memos. If they took restrictive position in final regulation, it will be a huge problem for most peoples, as they might have violated the final regulation.
Another issue is, definition of "same or similar occupational classification". This is going to be very subjective based on how uscis adjudicator going to compare old and new jobs. The memo says by comparing job duties both old and new jobs and based on SOC or ONET code of old and new job they have to decide both jobs are same or similar. As there is no clear regulation it is big issue to go howmuch level of similarity between jobs. For example one guy may think "database administrator" and "network administrator" are similar job to port. The USCIS may think it may not. It is not quantified.
I feel IV should advocate on liberal/quantifyable defintion for similar jobs in AC21 interpretation. For example, all computer professional jobs should be considered as similar jobs as well as all engineering jobs should be considered similar to port. For example mining engineer can port to chemical engineer job etc...
Also, if any one port to self employment in similar job, there is no much information available wheter one should open a company in his/her name or not (by just working in 1099 etc.. for multiple positions). This needs to have a flexible option for workers, like one can work in 1099 w/o opening a bussiness.
Also, IV should advocate on not to have any restrictive interpretation in final regulation.
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Lisap
09-01 07:33 PM
Hi Lisap
How come you have EAD card even before the Checks have been cashed?
i thought Uscis first cashes the checks
thanks
Thats a really good question and I am not sure what to do about it. I checked my account today and still the checks have not been cashed....
How come you have EAD card even before the Checks have been cashed?
i thought Uscis first cashes the checks
thanks
Thats a really good question and I am not sure what to do about it. I checked my account today and still the checks have not been cashed....
eb3retro
05-02 11:09 AM
Can anyone tell us if this bill also has the hard cap limit??
-- removing unnecessay quote...- Moderator
-- removing unnecessay quote...- Moderator
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deba
12-11 08:11 PM
Mehul, I sent you a pm. Please check. God bless.
more...
smuggymba
07-20 11:25 AM
Don't make stupid statements like this. It goes to show your intelligence and that you are an instigator. With statements like that you will alienate EB3 more. BTW, I contributed to DC advocacy and many other EB3s also did the same. That money apparently seemed to have have helped EB2 and not EB3.
Regarding you comment on action, many IV leaders are EB3.
It's more of a motivation to get up and do something. How much was collected? I know many ppl contributed but the contribution was very less...so u shut up ur hole or whatever language u prefer to use at ur home. My point was to do rather than posting. If u didn't get that, sorry.
Regarding you comment on action, many IV leaders are EB3.
It's more of a motivation to get up and do something. How much was collected? I know many ppl contributed but the contribution was very less...so u shut up ur hole or whatever language u prefer to use at ur home. My point was to do rather than posting. If u didn't get that, sorry.
drona
08-31 07:45 PM
Have you looked at the status of the rally polls? Are you even aware that we are having a historic first rally for legal immigrants in Washington DC? Please people, get your heads out of the sand and participate in this rally to fix this broken system.
more...
mightykandy
02-09 12:48 PM
Paypal'ed $50
(Unique Transaction ID #2TK69366JX343500H)
(Unique Transaction ID #2TK69366JX343500H)
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admin
05-05 11:34 AM
Dear admins,
I think deleting my post was not fair. The other people who have been bashing us with MS degrees need to also have their posts deleted.
I was not offensive in anyway, I just pointed out the reality of the situation and that is not "being offensive."
If you are afraid of alienating some of your contributors, well then by deleting the posts of ppl with Masters degrees you risk alienating them.
If I offended the admin personally if he/she does not have a masters degree, I apologize for hurting your "feelings" but that does not allow you to delete my post.
Finally, since 99% of the time the admins come back with not relevant to the thread, I agree on that ground but respectfully request the deletion of posts by a bunch of others like the "hiring manager" who instigated this discussion.
The posts were deleted on the basis of one criteria only- whether they were offensive to others or not and not on the basis of who wrote the post. If you do feel some post is offensive to you, please report it to us by clicking on the exclamation mark above the post.
As far as this discussion about Masters in the US is concerned, it must have been pushed for by the Universities themselves as this could be a selling point for their degrees.
People do have to realize that if people with Masters are taken out of the quota, then all of us benefit. In the current queue there could easily be tens of thousands of people with Masters Degree. If they are taken out of the quota, the rest of us benefit from the reduced queue.
PS - I have a non US, non STEM advanced degree but I still strongly support this measure.
I think deleting my post was not fair. The other people who have been bashing us with MS degrees need to also have their posts deleted.
I was not offensive in anyway, I just pointed out the reality of the situation and that is not "being offensive."
If you are afraid of alienating some of your contributors, well then by deleting the posts of ppl with Masters degrees you risk alienating them.
If I offended the admin personally if he/she does not have a masters degree, I apologize for hurting your "feelings" but that does not allow you to delete my post.
Finally, since 99% of the time the admins come back with not relevant to the thread, I agree on that ground but respectfully request the deletion of posts by a bunch of others like the "hiring manager" who instigated this discussion.
The posts were deleted on the basis of one criteria only- whether they were offensive to others or not and not on the basis of who wrote the post. If you do feel some post is offensive to you, please report it to us by clicking on the exclamation mark above the post.
As far as this discussion about Masters in the US is concerned, it must have been pushed for by the Universities themselves as this could be a selling point for their degrees.
People do have to realize that if people with Masters are taken out of the quota, then all of us benefit. In the current queue there could easily be tens of thousands of people with Masters Degree. If they are taken out of the quota, the rest of us benefit from the reduced queue.
PS - I have a non US, non STEM advanced degree but I still strongly support this measure.
more...
anilsal
10-08 01:58 PM
Gatorade: "Is it in you?"
Microsoft: "Your potential, Our Passion" (Replace word Our with IV)
Nike: "Just Do It"
------------------
Then conquer we must, when our cause it is just,
And this be our motto: "In God is our Trust."
And the star-spangled banner in triumph shall wave
O�er the land of the free and the home of the brave
------------------
http://en.wikipedia.org/wiki/The_Star-Spangled_Banner
The country will eventually provide you permanent residence. The question is "do you have the bravery the country expects"?
Suggestion: Get involved with state chapter activities. :)
Microsoft: "Your potential, Our Passion" (Replace word Our with IV)
Nike: "Just Do It"
------------------
Then conquer we must, when our cause it is just,
And this be our motto: "In God is our Trust."
And the star-spangled banner in triumph shall wave
O�er the land of the free and the home of the brave
------------------
http://en.wikipedia.org/wiki/The_Star-Spangled_Banner
The country will eventually provide you permanent residence. The question is "do you have the bravery the country expects"?
Suggestion: Get involved with state chapter activities. :)
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gbof
05-10 12:50 PM
I think it is ironic that we (from India) complain about quota on GC when we are the masters of quotas whether it be in education, workplace, politics etc. I myself was not affected by quotas in India, but I know several friends who were, simply because they were born in "upper caste" and therefore had to be denied opportunities as "revenge" for the injustice meted out by their ancestors several centuries ago, instead of being based on economics.
I personally think GC quota has a rationale behind it. It allows for a reasonable share to go to smaller countries so that the US population maintains its diversity. Besides, near the end of the year, if the numbers are unused, they are rolled over to larger countries like India and China, thereby automatically eliminating the quota.
EB based GC should NOT have Quota (.) We are already IN the system. How will it effect diversity. Diversity visa are meant for divesrsity. EB is skill based and only skill should be cared for,
I personally think GC quota has a rationale behind it. It allows for a reasonable share to go to smaller countries so that the US population maintains its diversity. Besides, near the end of the year, if the numbers are unused, they are rolled over to larger countries like India and China, thereby automatically eliminating the quota.
EB based GC should NOT have Quota (.) We are already IN the system. How will it effect diversity. Diversity visa are meant for divesrsity. EB is skill based and only skill should be cared for,
more...
shantak
08-25 07:44 PM
Applied July 11th reached 12th NSC. I-140 approved from Texas, 08/12/2007 LUD on I-140. No receipts yet. No idea checks have been cashed or not (attorneys checks)
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h1bmajdoor
07-08 10:23 PM
H1B is a non immigrant visa, and we dont have the full constitutional rights, for eq we dont have the right to vote.
Legally we are not immigrants, that is the worst mistake( calling ourselves immigrants) ,being done by us,
If USCIS denies GC for security reasons, you cant sue them.
voting is a privilege. minors, felons etc are not allowed to vote.
consitutional protections means basic protection to humans like due process, right to own property and so on.
some rights are overriden by immigration laws, like the freedom to choose employer.
but it is too late to worry about that.
Legally we are not immigrants, that is the worst mistake( calling ourselves immigrants) ,being done by us,
If USCIS denies GC for security reasons, you cant sue them.
voting is a privilege. minors, felons etc are not allowed to vote.
consitutional protections means basic protection to humans like due process, right to own property and so on.
some rights are overriden by immigration laws, like the freedom to choose employer.
but it is too late to worry about that.
more...
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Lasantha
02-05 04:47 PM
So is it a problem if you try to go for landing AFTER you apply for AOS?
What about those who landed before they filed i-485?
I google'ed and came across not-so-good information about this.
http://www.immigrationportal.com/archive/index.php/t-188813.html
or just google "canada landing while I-485 pending" and read other links as well. Some attornies think accepting canada greencard MAY impact USA greencard! :eek:
Any more light on this aspect?
What about those who landed before they filed i-485?
I google'ed and came across not-so-good information about this.
http://www.immigrationportal.com/archive/index.php/t-188813.html
or just google "canada landing while I-485 pending" and read other links as well. Some attornies think accepting canada greencard MAY impact USA greencard! :eek:
Any more light on this aspect?
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glus
07-09 05:08 PM
Guys,
Ms. Susan Henner, the greatest attorney and person, who help us with free advise, was kind enough to provide me with a contact info to reporter from a Journal News. I spent an hour on the phone with her and explained her the whole story, the problems and our flower campaign. Tomorrow, I will get photographed and we will get in-depth publication on Wendsday.
Please send flowers and send me a private message if you want to get in touch with the reporter. I live in Rockland county.
Keep sending flowers to Emillo Gonzalez.
Ms. Susan Henner, the greatest attorney and person, who help us with free advise, was kind enough to provide me with a contact info to reporter from a Journal News. I spent an hour on the phone with her and explained her the whole story, the problems and our flower campaign. Tomorrow, I will get photographed and we will get in-depth publication on Wendsday.
Please send flowers and send me a private message if you want to get in touch with the reporter. I live in Rockland county.
Keep sending flowers to Emillo Gonzalez.
more...
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looivy
07-20 10:56 AM
IV could not even collect 20K in the Washington DC drive. I hardly saw EB3 folks contributing. If every EB3 person contributes 50USD, it will be enough to run a campaign. Action is the key, not posting in forums.
Pl don't make blanket statements such as this. BTW, I contributed to DC advocacy and many other EB3s also did the same.
Fixing the language so that folks do not take it personally.
Pl don't make blanket statements such as this. BTW, I contributed to DC advocacy and many other EB3s also did the same.
Fixing the language so that folks do not take it personally.
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hsingh82
05-08 03:33 PM
I think we should protest in front of capitol with placards reading "End Discrimination by National Origin". "USCIS practices Racism", "End Racism in Legal Immigration" "Remove country Caps", "Country Caps = Racism", "Choose Merit, Not Race". We should set up a tent and do a huger strike.
"End Discrimination by National Origin". "USCIS practices Racism", "End Racism in Legal Immigration" "Remove country Caps", "Country Caps = Racism", "Choose Merit, Not Race".
I liked these, how about we send copies of our degrees, W-2's (-ssn) and resumes with one of these to Obama to prove the point that we actually are highly skilled people?
"End Discrimination by National Origin". "USCIS practices Racism", "End Racism in Legal Immigration" "Remove country Caps", "Country Caps = Racism", "Choose Merit, Not Race".
I liked these, how about we send copies of our degrees, W-2's (-ssn) and resumes with one of these to Obama to prove the point that we actually are highly skilled people?
more...
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pappu
03-12 07:37 AM
Several members have mentioned their plight on this thread. I request everyone to briefly write about themselves on the thread:
http://immigrationvoice.org/forum/showthread.php?t=1940
Make sure your profile has your name, email, address and phone number. We will try to get your story published.
http://immigrationvoice.org/forum/showthread.php?t=1940
Make sure your profile has your name, email, address and phone number. We will try to get your story published.
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EndlessWait
07-05 01:28 PM
The culprit being subjected to Gandhigiri (Gandhi-ism: A strategy to win unjust,corrupt mind by highly unexpected pleasant deeds.)has some shame and self respect.If the target is a moron, he would slap you to death, no matter how many chances you give him.
In our case we don't even know who the culprit is (USCIS/DOS/Capitol Hill/Anti-Immigrants/Lobbyists). The only thing that would come out of these flowers is a security alarm. I know many would take this as a negative approach, but this is the most logical outcome of this deed.
On a lighter note, if sending flowers/fruits would have won hearts of the immigration officers, imagine how easy GC would be for those illegal immigrants who work in the farms.
For all those bouquets your sending... they will dismiss it as some security breach... cmon dont u know by now how USCIS is after 9-11.
They might just create panic out of innocent lovely flowers.
In our case we don't even know who the culprit is (USCIS/DOS/Capitol Hill/Anti-Immigrants/Lobbyists). The only thing that would come out of these flowers is a security alarm. I know many would take this as a negative approach, but this is the most logical outcome of this deed.
On a lighter note, if sending flowers/fruits would have won hearts of the immigration officers, imagine how easy GC would be for those illegal immigrants who work in the farms.
For all those bouquets your sending... they will dismiss it as some security breach... cmon dont u know by now how USCIS is after 9-11.
They might just create panic out of innocent lovely flowers.
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sss9i
05-23 07:56 AM
I sent to Mr.SessionsMr.Graham and Mrs.Clinton
Dear Senator:
Good morning~
Subject: Treating the currently backlogged legal skilled immigrants at parity with undocumented immigrants and family-based applicants in the Immigration Reform bill S. 1348.
Immigration Voice (www.immigrationvoice.org) represents the interest of 500,000 legal skilled immigrants in the United States on the path to green cards who have been stuck in enormous backlogs and delays in immigration process.
The career growth, job mobility and qualify of life of these half a million legal skilled immigrants is subverted by the bill in its current form.
1. Section 501(b) reduces the number of green cards to legal skilled immigrants from the current 140,000/year to 90,000/year and diverts the major portion of those green cards to future low-skills guest workers under the Y visa program. Instead of increasing that number to reduce the backlogs this section take a step backwards and would exacerbate the backlogs. On the other hand, 503(f)(2) of this act would allocate an estimated 11 million green cards over a time frame of 5 years – 2.2 million a year – to undocumented immigrants. Immigration Voice requests congress to treat legal skilled immigrants at parity with undocumented immigrants and increase the number of green cards to at least 250,000 for 5 years for currently backlogged applicants defined under Sec. 502(d)(2) in order to reduce to current backlog before the untested points based merit system is functional.
2. Immigration Voice requests congress to waive per-country ceilings on backlogged petitions to be processed under Sec. 502(d)(2) in order to make the backlog reduction more efficient. The bill provides a very similar waiver from per-country ceilings to family based pending petitions in section 508(b).
3. Immigration Voice requests congress to allow legal skilled immigrants to file for adjustment of status for those applicants who have been certified by DOL to be doing jobs no US citizen is willing qualified or able to do. This would be at parity with provisions for undocumented immigrants who would qualify for instant work permit (probationary card) that allows them to work without employer sponsor and without department of labor’s certification by simply by registering.
Immigration Voice strongly opposes the bill S 1348 in its current form and requests congress to amend this bill and treat the legal skilled immigrants at parity with undocumented immigrants, future guest-workers and pending family-based applicants.
Thanks,
Dr.Gaddipati
Dear Senator:
Good morning~
Subject: Treating the currently backlogged legal skilled immigrants at parity with undocumented immigrants and family-based applicants in the Immigration Reform bill S. 1348.
Immigration Voice (www.immigrationvoice.org) represents the interest of 500,000 legal skilled immigrants in the United States on the path to green cards who have been stuck in enormous backlogs and delays in immigration process.
The career growth, job mobility and qualify of life of these half a million legal skilled immigrants is subverted by the bill in its current form.
1. Section 501(b) reduces the number of green cards to legal skilled immigrants from the current 140,000/year to 90,000/year and diverts the major portion of those green cards to future low-skills guest workers under the Y visa program. Instead of increasing that number to reduce the backlogs this section take a step backwards and would exacerbate the backlogs. On the other hand, 503(f)(2) of this act would allocate an estimated 11 million green cards over a time frame of 5 years – 2.2 million a year – to undocumented immigrants. Immigration Voice requests congress to treat legal skilled immigrants at parity with undocumented immigrants and increase the number of green cards to at least 250,000 for 5 years for currently backlogged applicants defined under Sec. 502(d)(2) in order to reduce to current backlog before the untested points based merit system is functional.
2. Immigration Voice requests congress to waive per-country ceilings on backlogged petitions to be processed under Sec. 502(d)(2) in order to make the backlog reduction more efficient. The bill provides a very similar waiver from per-country ceilings to family based pending petitions in section 508(b).
3. Immigration Voice requests congress to allow legal skilled immigrants to file for adjustment of status for those applicants who have been certified by DOL to be doing jobs no US citizen is willing qualified or able to do. This would be at parity with provisions for undocumented immigrants who would qualify for instant work permit (probationary card) that allows them to work without employer sponsor and without department of labor’s certification by simply by registering.
Immigration Voice strongly opposes the bill S 1348 in its current form and requests congress to amend this bill and treat the legal skilled immigrants at parity with undocumented immigrants, future guest-workers and pending family-based applicants.
Thanks,
Dr.Gaddipati
gc_dega_gandhigiri
06-08 07:57 PM
Guys,
Can I apply for Canada PR while on EAD? If yes, can someone guide me further. Would appreciate any help. Can I apply on my own or I need a agent?
Thanks.
Can I apply for Canada PR while on EAD? If yes, can someone guide me further. Would appreciate any help. Can I apply on my own or I need a agent?
Thanks.
anzerraja
07-19 08:06 PM
Tikka && RAMUS where are you guys ? Help us with advertising this thread.
I think Admin Can do it
Making it sticky the post always shows up in the top
I think Admin Can do it
Making it sticky the post always shows up in the top
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