GCard_Dream
12-13 01:18 PM
I am sure this topic will come up again and again when new members join. We recently had quite a few (over a thousand) new members join IV and as the word gets around, there will be even more interest in IV and new members/non-members will visit the site and ask questions. I don't think we should expect everyone (new or old members) to know everything that was discussed in this forum from day one. That's not practical.
Every few days I see a new thread that is asking for information on how to change from EB3 to EB2. There are literally hundred or so threads that talks about this issue yet still new threads pop up regularly asking the same info. This is bound to happen and can't be stopped.
If you know that a topic has been covered somewhere, making a link available would be very helpful. If you think that a certain topic is brought up on a regular basis, may be we should make that thread sticky or have that information on homepage or somewhere where it's easily accessible.
We can always argue that members can do their own search on the forum. While that's true, if we know the answer and can quickly make that available to members, I think we'll be doing a service to our members. Just a thought.
All , this subject has been raised very often and every time new members join in they start a thread and start questioning it.
- IV has indepth explored and studied this option and have found that this change is not possible administratively.
- we have not just met a lawyer. we have met few lawyers. we also have communicated with USCIS in the past.
- In the past some administrative changes have been done by USCIS, but this change cannot be done by them. All, we already had this idea long long ago and we also thought that why dont we do it if it so simple and then we dont have to go through all the legislative hurdles. But NO it cannot be done by USCIS.
- Faxing USCIS will not work. USCIS does not take policy decisions. We need to approach policy makers to get it done and that is what we are doing. By coming up with ideas, endlessly discussing despite explaination by IV and not working with IV action items we will all go in divergent directions and lose focus on the main action items we want each every member should focus. If you really feel for some idea and want to help, instead of asking IV to give explanation to every question on the forum, contact any of the active IV core members on the forum and bounce ideas. We need people with ideas and also same people willing to work on them too.
- If it was possible to get it done administratively, then in the current Skil bill push we would have/ and lawmakers would also have just asked USCIS to implement it.
Hope this explains this topic. Thanks
Every few days I see a new thread that is asking for information on how to change from EB3 to EB2. There are literally hundred or so threads that talks about this issue yet still new threads pop up regularly asking the same info. This is bound to happen and can't be stopped.
If you know that a topic has been covered somewhere, making a link available would be very helpful. If you think that a certain topic is brought up on a regular basis, may be we should make that thread sticky or have that information on homepage or somewhere where it's easily accessible.
We can always argue that members can do their own search on the forum. While that's true, if we know the answer and can quickly make that available to members, I think we'll be doing a service to our members. Just a thought.
All , this subject has been raised very often and every time new members join in they start a thread and start questioning it.
- IV has indepth explored and studied this option and have found that this change is not possible administratively.
- we have not just met a lawyer. we have met few lawyers. we also have communicated with USCIS in the past.
- In the past some administrative changes have been done by USCIS, but this change cannot be done by them. All, we already had this idea long long ago and we also thought that why dont we do it if it so simple and then we dont have to go through all the legislative hurdles. But NO it cannot be done by USCIS.
- Faxing USCIS will not work. USCIS does not take policy decisions. We need to approach policy makers to get it done and that is what we are doing. By coming up with ideas, endlessly discussing despite explaination by IV and not working with IV action items we will all go in divergent directions and lose focus on the main action items we want each every member should focus. If you really feel for some idea and want to help, instead of asking IV to give explanation to every question on the forum, contact any of the active IV core members on the forum and bounce ideas. We need people with ideas and also same people willing to work on them too.
- If it was possible to get it done administratively, then in the current Skil bill push we would have/ and lawmakers would also have just asked USCIS to implement it.
Hope this explains this topic. Thanks
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pappu
02-08 10:48 PM
Please note that IV does not endorse this effort. We strongly advice people against being part of it for several strategic reasons. We do acknowledge that this is part of IV stated agenda and you are not going against IV in principle. But by creating a splinter group and meeting key lawmakers with whom we have worked for more than 2 years on this issue, your effort may prove to be detrimental to our hard work.
Without going into details on this open forum, We have taken pains to develop relationships with key lawmakers to help on this issue and we seek strategic advice from our counsel and work under a strategy. By simply going forward to promote a 2 line bill your effort will not compliment IV effort. We wish it was that easy but the reality is very different. Do not assume that key lawmakers do not know this particular issue. Please wait for the right time when it is suitable to push this agenda when there is pro-immigration agenda on the table and IV will guide you for it on how to proceed. At this moment we expect the community to be united against such anti-foreign workers amendments rather than going to different directions. We have information that much more maybe planned against foreign workers in the times to come. IV is working on protecting the interests of our community members and we want everyone to be united.
If you want to get active, the best option right now is to spread the word about IV and get every foreign worker under IV umbrella.
If someone has any further questions or doubts, they can directly contact us.
Without going into details on this open forum, We have taken pains to develop relationships with key lawmakers to help on this issue and we seek strategic advice from our counsel and work under a strategy. By simply going forward to promote a 2 line bill your effort will not compliment IV effort. We wish it was that easy but the reality is very different. Do not assume that key lawmakers do not know this particular issue. Please wait for the right time when it is suitable to push this agenda when there is pro-immigration agenda on the table and IV will guide you for it on how to proceed. At this moment we expect the community to be united against such anti-foreign workers amendments rather than going to different directions. We have information that much more maybe planned against foreign workers in the times to come. IV is working on protecting the interests of our community members and we want everyone to be united.
If you want to get active, the best option right now is to spread the word about IV and get every foreign worker under IV umbrella.
If someone has any further questions or doubts, they can directly contact us.
nomi
12-11 02:23 PM
Originally Posted by god_bless_you
SO if USCIS wants to make a new rule of filing I485 for the one whose I 140 is cleared and priority date is not current, It CAN DO That RULE Right?
We do not need any Congress approval for that Right?
If so can we explore this option??
Originally Posted by Nomi
I agree with you. Why we don`t explore this option ???? USCIS make so many rule by itself then why they don`t make this rule to file 485 while PD is not current without going in Senate. Like they start premium processing of I-140. They make this rule without any bill in US Senate. correct me if I am wrong
I think, core team should look this option or ask us to find more information about it. I think, core team can meet with high official from USCIS.
what do you guys think about it ??
thx.
SO if USCIS wants to make a new rule of filing I485 for the one whose I 140 is cleared and priority date is not current, It CAN DO That RULE Right?
We do not need any Congress approval for that Right?
If so can we explore this option??
Originally Posted by Nomi
I agree with you. Why we don`t explore this option ???? USCIS make so many rule by itself then why they don`t make this rule to file 485 while PD is not current without going in Senate. Like they start premium processing of I-140. They make this rule without any bill in US Senate. correct me if I am wrong
I think, core team should look this option or ask us to find more information about it. I think, core team can meet with high official from USCIS.
what do you guys think about it ??
thx.
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eb2_mumbai
02-09 01:31 PM
Why am I not suprised with this news?
I think it is self evident that even though there is some spill over I think large number of visa's are getting wasted. Else last year we should have seen better movement than just wrapping up 2004. In 2008 there were so many people with 2005 & 2006 PD who were approved. I think it was either inefficiency on part of USCIS or a go slow directive from the administation that has caused visa wastage.
I think it is self evident that even though there is some spill over I think large number of visa's are getting wasted. Else last year we should have seen better movement than just wrapping up 2004. In 2008 there were so many people with 2005 & 2006 PD who were approved. I think it was either inefficiency on part of USCIS or a go slow directive from the administation that has caused visa wastage.
more...
Canadian_Dream
11-17 06:00 PM
Yes as long as you have an approved I-140 you can continue to extend H1B beyond 6 years.
The issue is not the extensions, but changing the job when you are on one of these extensions. This issue has been raised numerous times in the forums but so far things are still very murky, esp pertaining to the following:
1. What happens to your H1B status after you change your job, and then your previous employer revokes your I-140. ( To subsitute labor for someone else or simply as a matter of corporate proceudre)
2. Is your H1B status depend on the I-140 on which the extension is granted ?
So far these questions aren't answered clearly by lawyers or USCIS or folks in these forums. I hope it gets clarfied soon, becasue implications of the above cases could be as far reaching as being "out of status".
What do you mean by "Most people have run out of H1B and will have to change jobs on the extensions"? I thought that as long as you have a approved I-140, you could continue to extend your H1-B beyond the 6 years while you are waiting for your PD to be current. Isn't this true? Please explain.
The issue is not the extensions, but changing the job when you are on one of these extensions. This issue has been raised numerous times in the forums but so far things are still very murky, esp pertaining to the following:
1. What happens to your H1B status after you change your job, and then your previous employer revokes your I-140. ( To subsitute labor for someone else or simply as a matter of corporate proceudre)
2. Is your H1B status depend on the I-140 on which the extension is granted ?
So far these questions aren't answered clearly by lawyers or USCIS or folks in these forums. I hope it gets clarfied soon, becasue implications of the above cases could be as far reaching as being "out of status".
What do you mean by "Most people have run out of H1B and will have to change jobs on the extensions"? I thought that as long as you have a approved I-140, you could continue to extend your H1-B beyond the 6 years while you are waiting for your PD to be current. Isn't this true? Please explain.
thirdworldman
03-15 01:45 PM
I'm all for doing a robot; I'm also for a six week deadline with intermediary deadlines; the longer the better though--this is very time consuming and i'm going away for a few weeks.
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nitinboston
04-09 03:38 PM
same story every month, KLPD
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gc_in_30_yrs
07-17 10:48 AM
Sanjay,
I did not find Point Number 2 in their website that you mentioned here. Can you post link to it? It may be that they removed it now, or you might understood something differently.
thanks.
gc_in_30_yrs.
Following up on the NYTimes article about the NumbersUSA group, I visited their website and saw that they have a free FAX program where they can easily send faxes to their senators.
One of their fax letters is below, which is a complete mis-representation of truth - look at point #2.
================================
Dear [This fax will go to Your U.S. Senators and U.S. Representative ]
I oppose any increase in the annual H-1B visa cap, including those in the SKIL Act. I am counting on you to oppose it.
Here are just a few reasons why I hope you will oppose the SKIL Act:
(1) The six-year visas allow foreign workers to bring in their families, and guarantee thousands of anchor babies.
(2) H-1B salaries are tax-exempt - no FICA, no federal or state income taxes. They can live at the same level as tax-paying Americans at a lower cost. Therefore, Congress allows foreigners to "low-ball" American workers.
(3) H-1Bs can leave the job they came to fill and seek other jobs, not necessarily in the "hard to fill" category.
(4) Most H-1Bs are of a "protected" ethnic group, so H-1Bs have an affirmative action preference when competing with Americans for the same jobs.
The result of the SKIL Act would be to further depress the wages of Americans working in high-tech and scientific fields and to cause additional job displacement for those workers.
Sincerely, [Your Name Will Appear Here]
==============================================
Is there any way we could let the senators know that this is complete lie, misinformation and mis-representation of facts?. We should also let the senators know that the credibility of these organizations are questionable and following the news/faxes from these organizations would in turn put the credibility of these senators at a BIG RISK. We also should let the senators know that these groups are artificially "hiking" up the count by sending in duplicate faxes.
Also, I recommend creating a similar page in IV website, where we can have an automated 1-2-3 STEP fax facility where we can automatically fax a letter to senators. It should be as simple as selecting the state and pressing the Send Fax button. Please let me know if you need any programming help from me.
Thanks,
Sanjay.
I did not find Point Number 2 in their website that you mentioned here. Can you post link to it? It may be that they removed it now, or you might understood something differently.
thanks.
gc_in_30_yrs.
Following up on the NYTimes article about the NumbersUSA group, I visited their website and saw that they have a free FAX program where they can easily send faxes to their senators.
One of their fax letters is below, which is a complete mis-representation of truth - look at point #2.
================================
Dear [This fax will go to Your U.S. Senators and U.S. Representative ]
I oppose any increase in the annual H-1B visa cap, including those in the SKIL Act. I am counting on you to oppose it.
Here are just a few reasons why I hope you will oppose the SKIL Act:
(1) The six-year visas allow foreign workers to bring in their families, and guarantee thousands of anchor babies.
(2) H-1B salaries are tax-exempt - no FICA, no federal or state income taxes. They can live at the same level as tax-paying Americans at a lower cost. Therefore, Congress allows foreigners to "low-ball" American workers.
(3) H-1Bs can leave the job they came to fill and seek other jobs, not necessarily in the "hard to fill" category.
(4) Most H-1Bs are of a "protected" ethnic group, so H-1Bs have an affirmative action preference when competing with Americans for the same jobs.
The result of the SKIL Act would be to further depress the wages of Americans working in high-tech and scientific fields and to cause additional job displacement for those workers.
Sincerely, [Your Name Will Appear Here]
==============================================
Is there any way we could let the senators know that this is complete lie, misinformation and mis-representation of facts?. We should also let the senators know that the credibility of these organizations are questionable and following the news/faxes from these organizations would in turn put the credibility of these senators at a BIG RISK. We also should let the senators know that these groups are artificially "hiking" up the count by sending in duplicate faxes.
Also, I recommend creating a similar page in IV website, where we can have an automated 1-2-3 STEP fax facility where we can automatically fax a letter to senators. It should be as simple as selecting the state and pressing the Send Fax button. Please let me know if you need any programming help from me.
Thanks,
Sanjay.
more...
gc_lover
07-24 01:46 PM
Can anyone confirm if the files are actually being transferred from Nebraska to Texas? Why is the compliance date for Texas 10/26 and for Nebraska it's 8/1.
Why would files be transferred from NSC to TSC. Didn't USCIS issue instructions to file everything at NSC. Life is getting more complicated each day.
Why would files be transferred from NSC to TSC. Didn't USCIS issue instructions to file everything at NSC. Life is getting more complicated each day.
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yganreddy
07-07 03:54 AM
COngratulations. Enjoy your green.
Got approval emails yesterday.
PD Feb 2004
EB2 India
LC Approved 8/10/06
140 Approved 2/12/07
485 Filed on 6/27/07 NSC
Got approval emails yesterday.
PD Feb 2004
EB2 India
LC Approved 8/10/06
140 Approved 2/12/07
485 Filed on 6/27/07 NSC
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ajju
02-20 03:51 PM
I'd posted elsewhere about my Feb 13, 2008 conversation with the DOS official who sets cutoff dates:
Thats great news.. once pre Dec 2003 is cleared.. 2004 will have some hope.. though not so fast...
Thats great news.. once pre Dec 2003 is cleared.. 2004 will have some hope.. though not so fast...
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shukla77
03-09 12:23 PM
Where is the great predictor :D
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tapukakababa
07-18 09:55 AM
Mine reached USCIS Jul 2, 2007 10:25 AM.. no check cashed, no RD..
I will call USCIS next monday if I dont hear anything before then..
what should we ask them for if we call, 'coz they might not have entered our file in their system yet.
I will call USCIS next monday if I dont hear anything before then..
what should we ask them for if we call, 'coz they might not have entered our file in their system yet.
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Canuck
02-14 08:10 PM
This is the exact reason why USCIS has a country quota system ensuring ROW folks do not have to compete with OVERSUBSCRIBED countries.
What WILL NOT happen? - Removal of per country quota for EB Visas!!
Why are you in favour of per country quotas, having been born in an oversubscribed country? Are you a glutton for punishment? Do you enjoy waiting 6 years more than an equally qualified counterpart from another country who moves onto bigger and better jobs while you rot in the same position and pay grade for years?
Per country rationing is discriminatory for EB migration. The best jobs should go to the best people, regardless of national origin, race, or religion - this basic principle is enshrined in employment law, but when it comes to EB migration, it is disregarded! It is not about "giving everyone an equal chance" - this is not a charity, this is a business, and in business, only the best and the brightest get those jobs.
What WILL NOT happen? - Removal of per country quota for EB Visas!!
Why are you in favour of per country quotas, having been born in an oversubscribed country? Are you a glutton for punishment? Do you enjoy waiting 6 years more than an equally qualified counterpart from another country who moves onto bigger and better jobs while you rot in the same position and pay grade for years?
Per country rationing is discriminatory for EB migration. The best jobs should go to the best people, regardless of national origin, race, or religion - this basic principle is enshrined in employment law, but when it comes to EB migration, it is disregarded! It is not about "giving everyone an equal chance" - this is not a charity, this is a business, and in business, only the best and the brightest get those jobs.
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diptam
06-30 06:57 PM
Sounds like a plan - let us know what's the next step.
I got little demoralized last evening but then worked from 11 thru 3 AM to double check everything and i mailed today by USPS Express Mail ( it should reach July 2nd )
Thanks again for your leadership.
Diptam
I got little demoralized last evening but then worked from 11 thru 3 AM to double check everything and i mailed today by USPS Express Mail ( it should reach July 2nd )
Thanks again for your leadership.
Diptam
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sprash
01-30 01:51 PM
Hi had an RFE when my dates were not current. Here is the scan of my RFE notice.
Hope the scan helps you prepare in advance the necessary documentation.
http://i22.photobucket.com/albums/b337/sprash/RFEMine.jpg
http://i22.photobucket.com/albums/b337/sprash/RFEWife.jpg
I had discussed this in the following thread:
http://immigrationvoice.org/forum/showthread.php?p=296497#post296497
My *guess* is that the revoking of previous H1b has triggered this RFE --- When my wife's previous employer canceled her H1b it took a few months before her already approved h1b petition was reopened (as per USCIS online).
The suspense must be terrible!
Good luck.
Hope the scan helps you prepare in advance the necessary documentation.
http://i22.photobucket.com/albums/b337/sprash/RFEMine.jpg
http://i22.photobucket.com/albums/b337/sprash/RFEWife.jpg
I had discussed this in the following thread:
http://immigrationvoice.org/forum/showthread.php?p=296497#post296497
My *guess* is that the revoking of previous H1b has triggered this RFE --- When my wife's previous employer canceled her H1b it took a few months before her already approved h1b petition was reopened (as per USCIS online).
The suspense must be terrible!
Good luck.
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GreenLantern
02-15 06:51 AM
Look at my post count. Does it look like I have a life? :lol:
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leoindiano
03-17 10:19 AM
EB2 India PD came only up till April 2004 before it retrogressed. There is no way anybody whose PD is between April to Sept 2004 could have applied before July 2007. They might have applied only in July 2007 when USCIS made EB2 PD current by mistake.
Before retrogression started in "October 2005 Bulletin, Nov 2005 effective", there are quite a few people who applied for I-485 and had PD upto sept 2004. Those cases are approved. I know couple of cases myself.
Before retrogression started in "October 2005 Bulletin, Nov 2005 effective", there are quite a few people who applied for I-485 and had PD upto sept 2004. Those cases are approved. I know couple of cases myself.
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gsc999
08-04 01:00 AM
PCS:
Lou Hates ILLEGAL IMMIGRATION NOT LEGAL IMMIGRATION. if we can explain him about our problem then beleive me he is the only one who can talk everday about SKIL BILL.
Try it.
----
Talking to Lou Doubs in "favor" of immigration is like committing Harakiri.
Lou represents the extreme "right" wing anti-immigration lobby.
Kakaji, what part of Lou Doubs programs have you missed, the Anti-H1B programs or the anti-immigration ones?
Kaka ji plz don't instigate others to send e-mails to Lou Doubbs. It is enough that you have made that mistake.
Lou Hates ILLEGAL IMMIGRATION NOT LEGAL IMMIGRATION. if we can explain him about our problem then beleive me he is the only one who can talk everday about SKIL BILL.
Try it.
----
Talking to Lou Doubs in "favor" of immigration is like committing Harakiri.
Lou represents the extreme "right" wing anti-immigration lobby.
Kakaji, what part of Lou Doubs programs have you missed, the Anti-H1B programs or the anti-immigration ones?
Kaka ji plz don't instigate others to send e-mails to Lou Doubbs. It is enough that you have made that mistake.
485Mbe4001
04-23 04:10 PM
technically you are an IV member because you have an ID, that you created on your own. You probably went to the meeting with the IV crowd then branched out..good for you. Wonder why the Stanfords and Harvards are dying to admit you:D
Obviously you seem to be in a very unique situation, and you are taking steps to solve your issues in your own way, nothing wrong with that. good luck, to each his own.
Read my message - I am *NOT* an IV member and nor did I represent myself as one - like many people I just subscribed to public portal - if you want to limit it to IV members, you must consider doing that .
As far as talking in the meeting was considered, it was not an IV meeting and open to the public and I have all the right to say what I want to - whether it is inline with what you want to hear or not is not my problem.
Tone yourself down before you point fingers elsewhere. GC is not your birth right.
Obviously you seem to be in a very unique situation, and you are taking steps to solve your issues in your own way, nothing wrong with that. good luck, to each his own.
Read my message - I am *NOT* an IV member and nor did I represent myself as one - like many people I just subscribed to public portal - if you want to limit it to IV members, you must consider doing that .
As far as talking in the meeting was considered, it was not an IV meeting and open to the public and I have all the right to say what I want to - whether it is inline with what you want to hear or not is not my problem.
Tone yourself down before you point fingers elsewhere. GC is not your birth right.
Saralayar
04-03 12:34 PM
Dude complete your profile first if you want to be taken seriously.
I would be hesitant to write to some anonymous email id.
For our accurate statistics, please fill all your details (Zuhail and others) with correct details (it won't affect you in anyways). For arriving at correct numbers for any Agendas, this is required. Then post your questions or start a thread in this forum.
I would be hesitant to write to some anonymous email id.
For our accurate statistics, please fill all your details (Zuhail and others) with correct details (it won't affect you in anyways). For arriving at correct numbers for any Agendas, this is required. Then post your questions or start a thread in this forum.
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