eb3_nepa
03-17 11:52 AM
Not necessarily getGC. I am EB3 but i am a Masters from the US. Sometimes for fresh hires lawyers play it safe by applying in EB3. I had emailed someone at competeamerica.com and they had mentioned that an "advanced degree" is either a masters or a PhD. You mentioned that you had an engineering degree from India. Is that a B.E. or an M.Tech/M.E.? If you have a master's degree from India, you need to ask ur lawyer if that qualifies as an advanced degree.
But even otherwise, it still benefits you, coz say even 20-25% of Current EB3 have master's degrees, they will be out of the queue and you will be benefitted. I know it doesnt sound like a benefit, coz it is not a direct one, but if you look at it from a different angle, you will see it.
But even otherwise, it still benefits you, coz say even 20-25% of Current EB3 have master's degrees, they will be out of the queue and you will be benefitted. I know it doesnt sound like a benefit, coz it is not a direct one, but if you look at it from a different angle, you will see it.
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Alabaman
07-10 01:18 PM
Two high skilled immigrants fighting over details of what does not even exist� no sorry!
saimrathi
07-18 03:29 PM
Please close this thread... Someone wanted to apologize, they apologized... done deal... no point going on.. I have mentioned in my posts before that if you dont like someone or what they have to say add them to Ignore list, their posts wont show up while you are browsing threads... Lets keep the forum clean and informative... Thanks...
Most people showing their cool wisdom still not getting the point. A BEC person with Feb 2005 PD may not be able to file for another 2 years while a PD 2007 person will be enjoying EAD during that time. In my dictionary this is injustice. And that's why i was kinda happy when they updated the July bulletin, now I'm not really happy even if my company has already filed my 485/EAD on july 2. I'm still wishing (and i'll be honest) USCIS come up with a reason/regulation/rule that will delay EAD for everyone until BEC people are able to file 485 OR in Oct they retrogress only till March 2005.
P.S. if you are superstitious, you want to know this: most of my relatives/freinds call me "Black Tongue" because usually when i say something unpleasent it happens. e.g. i told my wife last month that i don't believe everyone is able to file 485, something will go wrong and everyone will be disappointed. (when everyone expects something it does not happen- contrarian theory)
Most people showing their cool wisdom still not getting the point. A BEC person with Feb 2005 PD may not be able to file for another 2 years while a PD 2007 person will be enjoying EAD during that time. In my dictionary this is injustice. And that's why i was kinda happy when they updated the July bulletin, now I'm not really happy even if my company has already filed my 485/EAD on july 2. I'm still wishing (and i'll be honest) USCIS come up with a reason/regulation/rule that will delay EAD for everyone until BEC people are able to file 485 OR in Oct they retrogress only till March 2005.
P.S. if you are superstitious, you want to know this: most of my relatives/freinds call me "Black Tongue" because usually when i say something unpleasent it happens. e.g. i told my wife last month that i don't believe everyone is able to file 485, something will go wrong and everyone will be disappointed. (when everyone expects something it does not happen- contrarian theory)
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vdlrao
07-15 11:10 PM
There are some significant flaws in your analysis. If you correct them, the number comes to around 25K.
First. The family spill over has to be applied to all categories. So the total number is 140,000 + 19,000.
Second. You calculated EB1/2/3 gets 1/3 which is not correct. They use only 28.6% not 33.3% This makes difference.
Third. The EB1+EB2 combined 70K already counted 9,800 visas for India. We should not add them again.
According to USCIS/DOS testimonies they will usually end up using only 95% of total quota. They go conservatively because they must ensure that they won't use up even a single visa more than what law allows.So total available is approximately 159000*.95 = 151050
Third. EB1, EB2, EB3 each will get 28.6%. Not one third (33.3%). That makes lot of difference. So each category will get around 43,200.
EB4 and EB5 combined will get around 21,449
Now again, going by statistics and your assumptions that EB1 and EB2 takes up 70K and EB4, EB5 takes up around 10K. The unused visas are
((43,200*2)+21,449) - (70,000+10000) = 27849.
So the total EB2 visa usage will be around 70K + 25K =95K.
Based on your calculation its 27849 additional visas + 1/3 of 9,800 (=3,266) = 31115 for EB2 India for 2008 fiscal year and the coming years ahead.
So this is almost 10 times more visas for EB2 India. So EB2 is going to be fixed for the time being.
First. The family spill over has to be applied to all categories. So the total number is 140,000 + 19,000.
Second. You calculated EB1/2/3 gets 1/3 which is not correct. They use only 28.6% not 33.3% This makes difference.
Third. The EB1+EB2 combined 70K already counted 9,800 visas for India. We should not add them again.
According to USCIS/DOS testimonies they will usually end up using only 95% of total quota. They go conservatively because they must ensure that they won't use up even a single visa more than what law allows.So total available is approximately 159000*.95 = 151050
Third. EB1, EB2, EB3 each will get 28.6%. Not one third (33.3%). That makes lot of difference. So each category will get around 43,200.
EB4 and EB5 combined will get around 21,449
Now again, going by statistics and your assumptions that EB1 and EB2 takes up 70K and EB4, EB5 takes up around 10K. The unused visas are
((43,200*2)+21,449) - (70,000+10000) = 27849.
So the total EB2 visa usage will be around 70K + 25K =95K.
Based on your calculation its 27849 additional visas + 1/3 of 9,800 (=3,266) = 31115 for EB2 India for 2008 fiscal year and the coming years ahead.
So this is almost 10 times more visas for EB2 India. So EB2 is going to be fixed for the time being.
more...
rssb
03-26 12:39 PM
People with EB3 applications should be allowed to port. But these should be EB3 applications which were genuinely applied and not substitute labor which opened during July 2007 fiasco.
Because a EB3 application with substitute labor in July 2007 has a priority date of 2002,2003,2004,2005 or even 2006. Where as a genuinely applied Eb2 prior to that, had the qualifications / job requirements before July 2007 and they are still waiting.
USCIS should realize their mistake in 2007, it encouraged a pay to play scheme, which is putting genuine people at great disadvantage.
Porting like any option was started with a good intention, but because of loop holes it has lost its meaning. There are people who landed in this country during the July 2007 fiasco, paid for the labor and have green cards in their hands now.
Or at least provide the same level of stringent requirements to port like (EB2-->EB1) . Technically a EB3 can port to EB1 also, but porting to EB2 is easier. That way Eb3's can consume Eb1 number and stop spill over to Eb2.
L1A is another one, where people qualify as global project managers with very minimal effort, could have less experience than a EB3 or in some cases they have reported to people in EB3 queue here from 2002 and are ahead of the EB3 within 6 months.
Because a EB3 application with substitute labor in July 2007 has a priority date of 2002,2003,2004,2005 or even 2006. Where as a genuinely applied Eb2 prior to that, had the qualifications / job requirements before July 2007 and they are still waiting.
USCIS should realize their mistake in 2007, it encouraged a pay to play scheme, which is putting genuine people at great disadvantage.
Porting like any option was started with a good intention, but because of loop holes it has lost its meaning. There are people who landed in this country during the July 2007 fiasco, paid for the labor and have green cards in their hands now.
Or at least provide the same level of stringent requirements to port like (EB2-->EB1) . Technically a EB3 can port to EB1 also, but porting to EB2 is easier. That way Eb3's can consume Eb1 number and stop spill over to Eb2.
L1A is another one, where people qualify as global project managers with very minimal effort, could have less experience than a EB3 or in some cases they have reported to people in EB3 queue here from 2002 and are ahead of the EB3 within 6 months.
jsb
03-06 10:43 AM
Based on the reply to this FOIA from Needhelp!, it seems that we have a bigger problem than transparency.
They have said that country of chargeability is not assigned until case is ready for approval. However, whether or not a case is ready for approval is determined by country of chargeability. If you have 500,000 pending cases and dont know how many cases for each country of chargeability, then the only way to respond to a visa bulletin is to go thru all 500,000 cases every month, take a peek in it, look at the PD, look at the country and see if it is up for approval. I dont think they are doing that.
Also, if priority date is something that is different for different countries, then cases for those countries have to be sorted by priority date in different silos, so that when the next bulletin comes, you know how many cases are eligible that month and which ones are the earliest cases (from PD perspective) for each country.
Their systems are not designed for country chargeability and priority date considerations. Although some of the information is in computer systems for reporting, publication, online status, automatic emails, etc, most of it is paper based. They claim that they process cases in order they (physically) receive them at each processing center.
Possibly, what they do is that they pick cases from shelves in sequence they stacked when they received them, check various docs such as medical, birth certificates, copie of I-140, passports, etc., and then, if all ok, check for country of chargeability. If that is India or China, then they look at the current bulletin dates. If case is within cutoff dates, proceed, else put it back, and take next file.
Therefore, they are correct in saying that chargeability is determined (means: looked at) when case is ready (meaning: it is next in line) for reviewing and adjudication.
Note that there is no physical file sorting based on chargeability/PD etc. Bulletins are just best guesses based on general progress in preceding months.
They have said that country of chargeability is not assigned until case is ready for approval. However, whether or not a case is ready for approval is determined by country of chargeability. If you have 500,000 pending cases and dont know how many cases for each country of chargeability, then the only way to respond to a visa bulletin is to go thru all 500,000 cases every month, take a peek in it, look at the PD, look at the country and see if it is up for approval. I dont think they are doing that.
Also, if priority date is something that is different for different countries, then cases for those countries have to be sorted by priority date in different silos, so that when the next bulletin comes, you know how many cases are eligible that month and which ones are the earliest cases (from PD perspective) for each country.
Their systems are not designed for country chargeability and priority date considerations. Although some of the information is in computer systems for reporting, publication, online status, automatic emails, etc, most of it is paper based. They claim that they process cases in order they (physically) receive them at each processing center.
Possibly, what they do is that they pick cases from shelves in sequence they stacked when they received them, check various docs such as medical, birth certificates, copie of I-140, passports, etc., and then, if all ok, check for country of chargeability. If that is India or China, then they look at the current bulletin dates. If case is within cutoff dates, proceed, else put it back, and take next file.
Therefore, they are correct in saying that chargeability is determined (means: looked at) when case is ready (meaning: it is next in line) for reviewing and adjudication.
Note that there is no physical file sorting based on chargeability/PD etc. Bulletins are just best guesses based on general progress in preceding months.
more...
elliptic
05-11 11:06 PM
H1-visa holders with H4-spouses and children are not the only victims
of the SSN requirement:
http://www.msnbc.msn.com/id/24567987
(And serveral other newspaper. It is an AP story)
Unfortunately, the article doesn't mention the problem with the SSA.
-------------
It seems this was discussed already in other threads.
of the SSN requirement:
http://www.msnbc.msn.com/id/24567987
(And serveral other newspaper. It is an AP story)
Unfortunately, the article doesn't mention the problem with the SSA.
-------------
It seems this was discussed already in other threads.
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NolaIndian32
04-29 12:49 PM
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Thanks Srinivas_o.
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gconmymind
04-30 04:45 PM
Did we?
Come on guys. Let us make 10K today. I am bringing my $50 pledge at 10K to 9K so it can help us reach 10K faster :)...
Come on guys. Let us make 10K today. I am bringing my $50 pledge at 10K to 9K so it can help us reach 10K faster :)...
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onemorecame
08-06 12:15 PM
If you are employed in IT field, as far as I know federal skilled workers and AINP H1b stream are almost blocked except for managers. Canada immigration program has a list of occupation category; if you work in one of the listed classification then you can apply for PR. About an year back federal skilled worker deleted all computer related classification but managers. In May 2009, AINP did the same and now only IT managers are eligible.
If you are employed in non-IT category, you may still be eligible.
But AINP looks "little" better when compared to other immigration programs.
is it mean Canadian door's are closed for people who employed in IT field and do non-managerial job?
Is there any other alternative option to apply Canadian PR after exclusion of occupation category from federal and province Skilled worker category?
If you are employed in non-IT category, you may still be eligible.
But AINP looks "little" better when compared to other immigration programs.
is it mean Canadian door's are closed for people who employed in IT field and do non-managerial job?
Is there any other alternative option to apply Canadian PR after exclusion of occupation category from federal and province Skilled worker category?
more...
duncanidaho
07-17 05:24 PM
Here are my observations:
* Fragommen, National - if you sre shelling dough out of your pocket, stay away from them. They are a corporate law firm & if your case gets into a mess, you'll end up paying by the hour. Their rates are higher and you will not get personal attention
* Greenberg Traurig, National - Dealt with them at a corporate level. Their team from DC did not have answers to some complicated situations that we had in our organization
* Murthy, MD - Sheela is good. She is aggressive and creative but they don't pay attention to detail and have good churn in their staff. Take into account you will not deal with Sheela herself on a day to day basis, so no point going to her firm
* Thomas Fan, MD - dude is in Baltimore. Avoid his firm like the plague. I know at least 2 cases where this guy has screwed things up bigtime AND washed his hands off the mess he created. These 2 cases eventually moved on to other firms & were successful
* Ellen Krengel, CA - Ellen is certified to practice in IL but lives and works in CA. Very approachable, empathetic, she will research things for you and keep you plugged into the situation. Relatively junior attorney but is commited to the cause
* Gowda, MI - Similar situation to Murthy. Firm's day to day work load is taken care of by junior attorneys not Gowda.
* Fragommen, National - if you sre shelling dough out of your pocket, stay away from them. They are a corporate law firm & if your case gets into a mess, you'll end up paying by the hour. Their rates are higher and you will not get personal attention
* Greenberg Traurig, National - Dealt with them at a corporate level. Their team from DC did not have answers to some complicated situations that we had in our organization
* Murthy, MD - Sheela is good. She is aggressive and creative but they don't pay attention to detail and have good churn in their staff. Take into account you will not deal with Sheela herself on a day to day basis, so no point going to her firm
* Thomas Fan, MD - dude is in Baltimore. Avoid his firm like the plague. I know at least 2 cases where this guy has screwed things up bigtime AND washed his hands off the mess he created. These 2 cases eventually moved on to other firms & were successful
* Ellen Krengel, CA - Ellen is certified to practice in IL but lives and works in CA. Very approachable, empathetic, she will research things for you and keep you plugged into the situation. Relatively junior attorney but is commited to the cause
* Gowda, MI - Similar situation to Murthy. Firm's day to day work load is taken care of by junior attorneys not Gowda.
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nrakkati
03-20 08:10 PM
H1 is always new? it could be, but not in case of a transfer
Any way good luck.
Can someone explain me how can i find a H1b is new or transferred?
I got all my H1B photocopies. Does it(new or transferred) show on H1B Document?
Thank you
Any way good luck.
Can someone explain me how can i find a H1b is new or transferred?
I got all my H1B photocopies. Does it(new or transferred) show on H1B Document?
Thank you
more...
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needhelp!
06-24 12:36 PM
Lets see if we can keep this thread on top with call reports. If you haven't done it yet, do it now!
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sathishkrish
07-05 10:08 PM
Well said...now let me put it in a slightly direct fashion....
Most people seem to be in denial...For now they just want to hear that they will be ok...I''m sure we have members whose motherly instincts can kick in. Please help these poor souls...Not sure what else to say...I'm very dissapointed at how much we were able to raise..
July 2 receipt date is critical for me for AC21 reasons - This is the only reason I am interested to know how they intend to treat cases that were received on the 'day of denial' - not sure why you are interested in polling this thread ???:eek:
Most people seem to be in denial...For now they just want to hear that they will be ok...I''m sure we have members whose motherly instincts can kick in. Please help these poor souls...Not sure what else to say...I'm very dissapointed at how much we were able to raise..
July 2 receipt date is critical for me for AC21 reasons - This is the only reason I am interested to know how they intend to treat cases that were received on the 'day of denial' - not sure why you are interested in polling this thread ???:eek:
more...
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Totoro
05-21 01:24 PM
recently they were worked or worked to accomodate people working in US Army to be eligible if one in their family has ITIN.
Then why there are not looking at Legal Immigrants.
My contact in the government says "it was too expensive".
Then why there are not looking at Legal Immigrants.
My contact in the government says "it was too expensive".
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tinamatthew
07-18 03:23 PM
Is there a thing called Double Ban? If there is ban this self centered piece of crap again.:mad:
What is BEC? Maybe I don't understand. How can someone on BEC with PD 2005 not get an EAD b4 a PD of 2007?
Pls enlighten me
Thanks
What is BEC? Maybe I don't understand. How can someone on BEC with PD 2005 not get an EAD b4 a PD of 2007?
Pls enlighten me
Thanks
more...
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needhelp!
02-18 12:17 PM
~ The count stands at 2606 ~
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07-19 08:51 PM
...
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mihird
07-05 08:28 AM
Isn't that good news? Atleast we wont have to redo the medical exams if that were true.. Or do you think this is a strategic move by USCIS to be immune from any lawsuits?
I have always been of the opinioin, that the most correct thing for the USCIS to do at this point is to not return the applications, but hold them until Oct. When the window technically re-opens, just swallow everything that is on hold - the window technically only needs to open for a few seconds for that to happen.
The other thing they should also do is accept all 485 applications till the end of July and process them likewise.
Giving everyone EAD/AP benefits does not hurt....they can then line up all the 500-700K people and issue the green cards as per visa number/PD/RD availability...
I have always been of the opinioin, that the most correct thing for the USCIS to do at this point is to not return the applications, but hold them until Oct. When the window technically re-opens, just swallow everything that is on hold - the window technically only needs to open for a few seconds for that to happen.
The other thing they should also do is accept all 485 applications till the end of July and process them likewise.
Giving everyone EAD/AP benefits does not hurt....they can then line up all the 500-700K people and issue the green cards as per visa number/PD/RD availability...
Bhadwaj
10-07 04:35 PM
Hi,
Here is our situation. I am on H1 and have 485 pending for me and my wife. Both of us also have a valid EAD.
My wife was on H1 too, however since Oct'08 she relinquished her H1 status and took up another job using her EAD. Currently, we are planning to have her AP filed (her earlier AP expired in Dec'08).
Given all this, I have following questions.
a). Are there any risks associated with filing AP.
b). I presume her status has been valid so far... reason I ask is that we didn't do anything special in terms of communicating any official agency, when she jumped the boat from H1 to EAD. Were we supposed to?
c). Do you think I can get her on H4 while she continues to work using her EAD. I guess H4 option is more expensive? Any thoughts?
Appreciate any help/pointers on this.
Thanks
Here is our situation. I am on H1 and have 485 pending for me and my wife. Both of us also have a valid EAD.
My wife was on H1 too, however since Oct'08 she relinquished her H1 status and took up another job using her EAD. Currently, we are planning to have her AP filed (her earlier AP expired in Dec'08).
Given all this, I have following questions.
a). Are there any risks associated with filing AP.
b). I presume her status has been valid so far... reason I ask is that we didn't do anything special in terms of communicating any official agency, when she jumped the boat from H1 to EAD. Were we supposed to?
c). Do you think I can get her on H4 while she continues to work using her EAD. I guess H4 option is more expensive? Any thoughts?
Appreciate any help/pointers on this.
Thanks
dixie
11-07 10:06 PM
logically speaking, it should be good for us. Had it not been for the conservative house republicans and speaker hastert, CIR along with its many favorable provisions for us could have been law by now. So with that obstacle out of the way, things should be better for us.However, politics is never logical and immigration reform is neither the top priority nor a done deal with the dems. From our perspective, we got to raise awareness about our cause all over again since most of the new congressmen will be unaware about problems afflicting skilled legal immigration.
Looking at few early Election results, it seems that Dems are winning. Needs to check how they will be do good for us. Any thoughts?
Looking at few early Election results, it seems that Dems are winning. Needs to check how they will be do good for us. Any thoughts?
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