485Mbe4001
09-12 07:01 PM
good post, I hear you loud and clear.
i too worry that for a simple issues such as visa recapture the media (dobbs) and the zelots (num usa etc.) create such a stink wonder if any CIR related reform will ever pass. We are tiny spec in immigration reform and will keep suffering because of the larger concerns. My congressman always talks about supporting legals and skilled immigrant, but when we asked him to co sponsor this bill, his staff kept waffling.
You said you dont want to get into the discussion on who is better and yet by explicitly mentioning who you think is better, it seems discussion is started :D Being a Friday evening - work slow and I cant help but jump in :)
American presidential politics are highly media driven. When I came to this country and started following politics closely (12+ years ago), initially I was fascinated by all the discussions and transparent process etc. But over the years got convinced that its all a facade - election process here is as much flawed as in a "third world" country. Election 2000 is the biggest proof. Even worse, here people are easily swayed by non-issues. Media creates hype and media creates perceptions about a candidate, real issues and concerns takes back seat most of the times. Just see now - for last couple weeks everyone is talking about a VP candidate - the power of a VP is limited but yet everyone is talking about her and almost forgot the presidential candidate of the same party. The republican favoring press wants to project her as the next savior (which unfortunately seems to be working) and whip up their cadre. The democratic favoring press wants to project her apparent inexperience etc. We may soon see who is going to win in their "spin". In general republicans are pretty good in spin stories and project an apparently dumb candidate as someone with "whom you can have a beer with" and get him elected; now they might even succeed in projecting a 30+ year senator who backs current administration as an agent of change !!?!!! and people might even fall for that argument. Of course there are spin stories on the other side too.
Anyways, whoever wins this time - I think our situation wont change much and might even get worse. As the economy get worse - it would be very difficult to get any new bill favoring us (note I am talking about EB green cards not H1B). There is already a good effort by likes of numbersusa and programmers guild to project HR5882 as if it will kills jobs. As we know HR5882 is only for recapturing unused greencards the beneficiaries of which are mostly in this country already. It should have been a completely non-controversial bill - if we can see the resistance its facing we can imagine about any other bill that propose increase of GC numbers or something such. So prospects for anything better happening is very poor irrespective of who the next president is - that's my reading on this.
i too worry that for a simple issues such as visa recapture the media (dobbs) and the zelots (num usa etc.) create such a stink wonder if any CIR related reform will ever pass. We are tiny spec in immigration reform and will keep suffering because of the larger concerns. My congressman always talks about supporting legals and skilled immigrant, but when we asked him to co sponsor this bill, his staff kept waffling.
You said you dont want to get into the discussion on who is better and yet by explicitly mentioning who you think is better, it seems discussion is started :D Being a Friday evening - work slow and I cant help but jump in :)
American presidential politics are highly media driven. When I came to this country and started following politics closely (12+ years ago), initially I was fascinated by all the discussions and transparent process etc. But over the years got convinced that its all a facade - election process here is as much flawed as in a "third world" country. Election 2000 is the biggest proof. Even worse, here people are easily swayed by non-issues. Media creates hype and media creates perceptions about a candidate, real issues and concerns takes back seat most of the times. Just see now - for last couple weeks everyone is talking about a VP candidate - the power of a VP is limited but yet everyone is talking about her and almost forgot the presidential candidate of the same party. The republican favoring press wants to project her as the next savior (which unfortunately seems to be working) and whip up their cadre. The democratic favoring press wants to project her apparent inexperience etc. We may soon see who is going to win in their "spin". In general republicans are pretty good in spin stories and project an apparently dumb candidate as someone with "whom you can have a beer with" and get him elected; now they might even succeed in projecting a 30+ year senator who backs current administration as an agent of change !!?!!! and people might even fall for that argument. Of course there are spin stories on the other side too.
Anyways, whoever wins this time - I think our situation wont change much and might even get worse. As the economy get worse - it would be very difficult to get any new bill favoring us (note I am talking about EB green cards not H1B). There is already a good effort by likes of numbersusa and programmers guild to project HR5882 as if it will kills jobs. As we know HR5882 is only for recapturing unused greencards the beneficiaries of which are mostly in this country already. It should have been a completely non-controversial bill - if we can see the resistance its facing we can imagine about any other bill that propose increase of GC numbers or something such. So prospects for anything better happening is very poor irrespective of who the next president is - that's my reading on this.
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gsmishra
07-24 11:00 AM
Its always better to use overnight Fedex.
I have had bad experiences with UPS in the past.
I don't recomened to wait until Aug 15th...since there may be postal delays/package missings, etc.,...very recently happend to me with UPS overnight (aqfter 3days of investigation - tjhey simply said package is missing)....so guys consider some factor of safety time...i would suggest don't want more than Aug 10th.....
I have had bad experiences with UPS in the past.
I don't recomened to wait until Aug 15th...since there may be postal delays/package missings, etc.,...very recently happend to me with UPS overnight (aqfter 3days of investigation - tjhey simply said package is missing)....so guys consider some factor of safety time...i would suggest don't want more than Aug 10th.....
GCard_Dream
03-21 05:48 PM
What is fair is that we treat everyone here (and everywhere else for that matter) with respect without regard to the country of birth or the EB category. Some are more educated than others, some are more skilled than others, and some are more lucky than others when it comes to green card but what is common to everyone of us is that we are in this mess together. To be honest I don't think we are here to figure out what's best for United States, we are here to get our green card, live the American dream, and make the best out of it.
Therefore, let's not make this GC journey anymore difficult than it already is by fighting amongst ourselves about who is more skilled and who is more deserving. Besides, constant bickering among the IV members will only further divide and alienate more members and won't help us in any way so I suggest that we avoid doing/saying things that has the potential of dividing or alienating members.
Therefore, let's not make this GC journey anymore difficult than it already is by fighting amongst ourselves about who is more skilled and who is more deserving. Besides, constant bickering among the IV members will only further divide and alienate more members and won't help us in any way so I suggest that we avoid doing/saying things that has the potential of dividing or alienating members.
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whiteStallion
06-19 05:19 PM
Thanks again Totoro, for all the good work!
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GCScrewed
08-22 11:36 AM
Certainly Canada is much much better option. Wish people had talked about it 10 years ago. So for those who just came to America or those who are deciding where to go to work or to school, Canada should be the first choice. You will actually have more flexibility being a Canadian than American.
akred
02-12 02:32 AM
Based on last week's BusinessWeek article, I have a feeling that we will see an effort to restrict initial H1B applications in some way. That would be a good opportunity to push for allowing naturalization applications for people who have been on work visas for a long time (say 8-10 yrs?). Fighting for citizenship would have a stronger emotional dimension and may connect better with the American public. A direct filing for citizenship will work around retrogression by providing an avenue for people to move out of the GC queue.
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caydee
06-22 01:22 PM
Any schedule details on this bill?
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stucklabor
03-18 12:38 PM
Appu, I found it! Frist's bill says that for foreign applicants with advanced degrees in STEM from an accredited US grad program (no matter when they graduated), notwithstanding the applicant's eligibility for US permanent residence, the applicant can file for adjustment of status if the applicant has an immigrant petition filed under one of the EB categories.
This means that the applicant does not have to undergo labor certification at all! This is because for a person that wants to work in the US is only eligible for US permanent residence if the applicant undergoes labor cert.
See p. 217 of S2454, lines 8-9. This applicant is still subject to the quotas and has to wait for a visa number for approval of adjustment of status.
Both bills allow "special handling" for applicants with advanced degrees who have worked in the US for three years. I am confused about how exactly that works. My brother-in-law is a college prof and he had to go thru PERM labor cert, though they used the results of his original recruitment and didn't have to file fresh ads. So I am not sure if the "special rule labor cert" in 8 USC 1182 (a)(5)(A)(ii) directly relates to Schedule A.
But these applicants don't have to wait for a visa number and are exempt from the quota.
An applicant with a US grad STEM degree and 3 years experience probably can go right to I140/485 concurrent without labor cert and is not subject to Labor cert or any quota.
Yeah, that's the tricky part. I think all professions that require advanced
degrees in STEM have been classified (by Section 406) as Schedule A.
Which means you file ETA form 9089 directly to USCIS NOT to the DOL.
That's the "special labor certification" that the Specter mark-up refers to.
The PACE act doesn't have this provision - it excludes future F4 visa graduates from labor certification but says nothing about the current advanced degree holders. Frist's bill seems to exempt all those with advanced degrees and are employed in their field of expertise from going to the DOL for certification. Plus, if you have been employed for 3 years or more, then the quota doesn't apply and you get a visa number right away.
This means that the applicant does not have to undergo labor certification at all! This is because for a person that wants to work in the US is only eligible for US permanent residence if the applicant undergoes labor cert.
See p. 217 of S2454, lines 8-9. This applicant is still subject to the quotas and has to wait for a visa number for approval of adjustment of status.
Both bills allow "special handling" for applicants with advanced degrees who have worked in the US for three years. I am confused about how exactly that works. My brother-in-law is a college prof and he had to go thru PERM labor cert, though they used the results of his original recruitment and didn't have to file fresh ads. So I am not sure if the "special rule labor cert" in 8 USC 1182 (a)(5)(A)(ii) directly relates to Schedule A.
But these applicants don't have to wait for a visa number and are exempt from the quota.
An applicant with a US grad STEM degree and 3 years experience probably can go right to I140/485 concurrent without labor cert and is not subject to Labor cert or any quota.
Yeah, that's the tricky part. I think all professions that require advanced
degrees in STEM have been classified (by Section 406) as Schedule A.
Which means you file ETA form 9089 directly to USCIS NOT to the DOL.
That's the "special labor certification" that the Specter mark-up refers to.
The PACE act doesn't have this provision - it excludes future F4 visa graduates from labor certification but says nothing about the current advanced degree holders. Frist's bill seems to exempt all those with advanced degrees and are employed in their field of expertise from going to the DOL for certification. Plus, if you have been employed for 3 years or more, then the quota doesn't apply and you get a visa number right away.
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franklin
06-15 12:26 AM
First congrats to everybody here able to benefit from this great news. For the rest of the road still loooooooong to go. I'm just starting my labor certification process this month and I'm very new to this whole greencard process. Is there any advice I can have to expedite my application before retrogression hits again. Hopefully it will be a little while before CIS brings us to reality of life. Any help to a poor man will be greatly appreciated.
If there was much advice we could give about expediting the process, there would be very few people on this board, unfortunately!
Even those who are just eligible to file for the last stage, its likely to take years longer on average.
Other than suggesting you win a Nobel prize, win an Olympic gold medal, or select the country of your birth, there is little feasible that I can say.
The good news is, things could move a lot faster than those of us that are or were stuck in the Backlog Elimination Centers.
Oh - and those talking about the reintroduction of CIR - remember, it also was taking out pretty much all AC21 provisions which will still affect people on EAD
If there was much advice we could give about expediting the process, there would be very few people on this board, unfortunately!
Even those who are just eligible to file for the last stage, its likely to take years longer on average.
Other than suggesting you win a Nobel prize, win an Olympic gold medal, or select the country of your birth, there is little feasible that I can say.
The good news is, things could move a lot faster than those of us that are or were stuck in the Backlog Elimination Centers.
Oh - and those talking about the reintroduction of CIR - remember, it also was taking out pretty much all AC21 provisions which will still affect people on EAD
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mshelat
06-07 01:01 PM
That doesn't mean nothing is being done. I am continuing to do a lot of work on this, but there is nothing new to post right now.
To date I have been able to get every newspaper in the country to do stories on this, as well as three scathing editorials in the NY Times, LA Times, and Mercury News, all of which slammed the government for its action.
I have worked with the staff of a member of Congress to ensure that house representatives were aware of the issue.
As a result, the house of representatives unanimously passed the HEART Act giving stimulus payments to affected soldiers overseas.
I have been able to get an important legal organization to review and research the topic for possible litigation.
I would love to go over the legal details with you, but it is not prudent to give too much detail here right now.
And finally, I have been corresponding with immigrants like you providing advice and updates on the situation.
I am not sure what more you expect.
You have been doing a great job. Please keep it up. Have a nice weekend and relax.
To date I have been able to get every newspaper in the country to do stories on this, as well as three scathing editorials in the NY Times, LA Times, and Mercury News, all of which slammed the government for its action.
I have worked with the staff of a member of Congress to ensure that house representatives were aware of the issue.
As a result, the house of representatives unanimously passed the HEART Act giving stimulus payments to affected soldiers overseas.
I have been able to get an important legal organization to review and research the topic for possible litigation.
I would love to go over the legal details with you, but it is not prudent to give too much detail here right now.
And finally, I have been corresponding with immigrants like you providing advice and updates on the situation.
I am not sure what more you expect.
You have been doing a great job. Please keep it up. Have a nice weekend and relax.
more...
unitednations
02-13 01:05 AM
I posted a reply long ago - it was quite hard-hitting on Berry. It somehow hasn't shown up until now - wonder if the editors "balance" the pro- and anti- immigrant letters :mad:
BTW this Berry guy seems to be in the know of everything happening on this site. I hope at least now those blowhards among us who insist of by-the-minute updates and "where is my 20$" questions appreciate why the core members don't give updates on these forums. If you are so keen on updates, get off your backsides and pick up that darn phone !!!
The problem of contacting media with "stories" is that you don't want people who are just hanging by a thread; just trying to stay in status and having all sorts of hardship because they want to stay. It feeds into the fact that there are a lot of people here which the country doesn't need. Discussing layoffs or threats of layoffs or employer abusing, etc., feeds into the perception from an outside person that there are too many people here not doing specialized work that an American is not able to do.
Regarding Berry. I haven't gone to programmersguild web-site in a long time but the point that they seem to always bring up which seems to really bother them is that an American lost their job after training an h-1b person who was a cheaper option or an American lost their job because they had to train an L-1 worker who would then take the job offshore. He also points to h-1b companies who don't pay very much (information taken from LCA's which is public information).
Fortunately for the skilled immigrants; many members of congress/senate are business leaders themselves. Everyday there is a merger and job elimintions where one person has to train another who is getting their job cut. After all when Bank One merged with JP Morgan, there were a lot of people who had to train others and the trainer eventually lost their job. This is normal to business and not specific to people on work visas. Therefore, they don't have much merit to this argument. It is a fact of everyday business that if a job can be done by a person with one to two years of experience then they will replace a person who has been doing it for 10 years. the person with 10 years of experience could have pretty substantial pay package because those 4 to 5% increases over 10 years can add up. If a person is overpaid for a job that doesn't require much experience then they are pretty much dead weight and are discarded. This is not specific to immigrants but has been going on for many, many years in this country. Therefore, although their arguments at face value may have some merit to them; the business leaders, members of congress/senate are too smart because they themselves have done this at companies they may have been associated with and those companies probably didn't have much immigrants working there.
Unfortunately, on paper it does look like the bodyshops are paying very low when looking at LCA's. However, we all know that what is listed on the LCA; in no way has any reality to the total compensation that a person is getting paid. If people are working on ratio which most people do convert to; their billing rate on the low end would be $50 ($100,000 per year) which would probably work out to $80,000. However, the LCA might only show a salary of $50K (people take per diems as the rest or save it for a rainy day).
BTW this Berry guy seems to be in the know of everything happening on this site. I hope at least now those blowhards among us who insist of by-the-minute updates and "where is my 20$" questions appreciate why the core members don't give updates on these forums. If you are so keen on updates, get off your backsides and pick up that darn phone !!!
The problem of contacting media with "stories" is that you don't want people who are just hanging by a thread; just trying to stay in status and having all sorts of hardship because they want to stay. It feeds into the fact that there are a lot of people here which the country doesn't need. Discussing layoffs or threats of layoffs or employer abusing, etc., feeds into the perception from an outside person that there are too many people here not doing specialized work that an American is not able to do.
Regarding Berry. I haven't gone to programmersguild web-site in a long time but the point that they seem to always bring up which seems to really bother them is that an American lost their job after training an h-1b person who was a cheaper option or an American lost their job because they had to train an L-1 worker who would then take the job offshore. He also points to h-1b companies who don't pay very much (information taken from LCA's which is public information).
Fortunately for the skilled immigrants; many members of congress/senate are business leaders themselves. Everyday there is a merger and job elimintions where one person has to train another who is getting their job cut. After all when Bank One merged with JP Morgan, there were a lot of people who had to train others and the trainer eventually lost their job. This is normal to business and not specific to people on work visas. Therefore, they don't have much merit to this argument. It is a fact of everyday business that if a job can be done by a person with one to two years of experience then they will replace a person who has been doing it for 10 years. the person with 10 years of experience could have pretty substantial pay package because those 4 to 5% increases over 10 years can add up. If a person is overpaid for a job that doesn't require much experience then they are pretty much dead weight and are discarded. This is not specific to immigrants but has been going on for many, many years in this country. Therefore, although their arguments at face value may have some merit to them; the business leaders, members of congress/senate are too smart because they themselves have done this at companies they may have been associated with and those companies probably didn't have much immigrants working there.
Unfortunately, on paper it does look like the bodyshops are paying very low when looking at LCA's. However, we all know that what is listed on the LCA; in no way has any reality to the total compensation that a person is getting paid. If people are working on ratio which most people do convert to; their billing rate on the low end would be $50 ($100,000 per year) which would probably work out to $80,000. However, the LCA might only show a salary of $50K (people take per diems as the rest or save it for a rainy day).
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acecupid
07-15 06:19 PM
Based on the wording of the visa distribution law, it does not look like the pattern change is a permanent one. The pattern might change again as per USCIS whims and fancy.
Read the part "Nothing in this paragraph shall be construed to limit the authority of the Secretary of State to determine the procedures for the processing of immigrant visa applications or the locations where such applications will be processed."
Read the part "Nothing in this paragraph shall be construed to limit the authority of the Secretary of State to determine the procedures for the processing of immigrant visa applications or the locations where such applications will be processed."
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mheggade
07-14 04:53 PM
I guess this is what DOS is looking at.
April 2004- March 2005 All countries & all Cat: - 905
(This can be ignored)
2005 PERM EB2 India/China
(Level III & Level IV):- 729
Late 2005 to 01 June 2006
EB2 India/China ((Level III & Level IV)):- 7037
Total labors: - 8671
Assuming 80% of the total made it into 140/I485 stage
New Total of labors: - 7000
7000 labors * 2.5 visa per family
Total expected Visa demand: - 17500
Assuming 80% cases are ripe for approval.
Total visas required to clear the case up until 01 June 2006 is
14000
April 2004- March 2005 All countries & all Cat: - 905
(This can be ignored)
2005 PERM EB2 India/China
(Level III & Level IV):- 729
Late 2005 to 01 June 2006
EB2 India/China ((Level III & Level IV)):- 7037
Total labors: - 8671
Assuming 80% of the total made it into 140/I485 stage
New Total of labors: - 7000
7000 labors * 2.5 visa per family
Total expected Visa demand: - 17500
Assuming 80% cases are ripe for approval.
Total visas required to clear the case up until 01 June 2006 is
14000
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walking_dude
10-04 06:17 PM
Wake up and roar, "Tigers" and "Lions" of Detroit. Unfurl your "Red Wings" and pump up yours "Pistons".
... actually join us for a meet, greet and eat :D
... actually join us for a meet, greet and eat :D
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alterego
12-01 10:17 PM
The intent of this thread is good. There are however practical considerations.
Many of us are from India. In the era pre opening up its economy, we had many well educated folks unable to get jobs there. The socialist strangle was such that highly educated people had no suitable jobs and private enterprise was actively discouraged. Many sought economic and professional refuge in more capitalist economies and to some extent we are still seeing the spillover from the policies of that era, with an excess supply of human skilled capital there and opportunities still not able to spread to the whole economy/population.
The reason I am saying all this is, investing in skills like masters etc is generally a good thing, but not always. In fact there are many studies to prove this point, some demonstrate that too much education is a negative predictor of economic success.
In our situation, capital is important, whereever we end up. Since in a capitalist model money works for you, and obviously if you have enough of it then you can spend your time doing other things, charity work or whatever warms your heart. Doing an MBA or any other higher education is very expensive in america. It is an investment. If you end up here, it will perhaps turn out to be a good investment, otherwise it will be of limited use to us especially in India, especially if a global recession hits.
Pessimistic you say, lets reserve judgement on that and consider all of the geo political issues going on right now.
If that is so the capital preserved by not doing an MBA in a top ten school which I estimate to be about 60-70K if I am not mistaken might be put to another use.
What do you guys think about this line of argument.
Many of us are from India. In the era pre opening up its economy, we had many well educated folks unable to get jobs there. The socialist strangle was such that highly educated people had no suitable jobs and private enterprise was actively discouraged. Many sought economic and professional refuge in more capitalist economies and to some extent we are still seeing the spillover from the policies of that era, with an excess supply of human skilled capital there and opportunities still not able to spread to the whole economy/population.
The reason I am saying all this is, investing in skills like masters etc is generally a good thing, but not always. In fact there are many studies to prove this point, some demonstrate that too much education is a negative predictor of economic success.
In our situation, capital is important, whereever we end up. Since in a capitalist model money works for you, and obviously if you have enough of it then you can spend your time doing other things, charity work or whatever warms your heart. Doing an MBA or any other higher education is very expensive in america. It is an investment. If you end up here, it will perhaps turn out to be a good investment, otherwise it will be of limited use to us especially in India, especially if a global recession hits.
Pessimistic you say, lets reserve judgement on that and consider all of the geo political issues going on right now.
If that is so the capital preserved by not doing an MBA in a top ten school which I estimate to be about 60-70K if I am not mistaken might be put to another use.
What do you guys think about this line of argument.
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YesGC_NoGC
06-27 10:58 PM
We would never get want we want:D
If we don't receive a notification today saying that our EAD has been approved, does that mean that we would get a 2-Year EAD card? Or do you think that they will work over the weekend? :D
If we don't receive a notification today saying that our EAD has been approved, does that mean that we would get a 2-Year EAD card? Or do you think that they will work over the weekend? :D
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Totoro
05-22 02:23 PM
Thanks Totoro.
Can Totoro (or anybody) answer this question?
We filed married filing joingly and received our tax returns and no stimulus rebate. Can we re-file our tax return by filing separately this year (i.e. extension/amendment within 3 months?) Has anyone done this? Please let me know.
I noticed that if you itemize your deductions, you dont loose much even if you file "married filing separately".
Thanks!
No you can't. You must have filed separately. You could have amended your return to file jointly, but not the other way around.
Can Totoro (or anybody) answer this question?
We filed married filing joingly and received our tax returns and no stimulus rebate. Can we re-file our tax return by filing separately this year (i.e. extension/amendment within 3 months?) Has anyone done this? Please let me know.
I noticed that if you itemize your deductions, you dont loose much even if you file "married filing separately".
Thanks!
No you can't. You must have filed separately. You could have amended your return to file jointly, but not the other way around.
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as_rudra
06-30 09:03 AM
Lets hope this one will Fly all the way.
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Abhinaym
01-13 09:26 AM
I disagree with you. I will try again but you can continue to disagree with me.
Guy from ROW joins Company A in 2001. The Company A files his EB2 ROW in 2004.
Guy from Retrogressed Country (India/China) joins same Company A in 2001. The Company A files his EB2 India in 2004.
That is absolutely right. I would also extend the argument from the perspective of the sponsoring employer.
The excessively longer wait would make the employer biased against hiring people from retrogressed countries with similar skills/experience.
Especially since this is an employment based category, I believe your line of argument should work!
Guy from ROW joins Company A in 2001. The Company A files his EB2 ROW in 2004.
Guy from Retrogressed Country (India/China) joins same Company A in 2001. The Company A files his EB2 India in 2004.
That is absolutely right. I would also extend the argument from the perspective of the sponsoring employer.
The excessively longer wait would make the employer biased against hiring people from retrogressed countries with similar skills/experience.
Especially since this is an employment based category, I believe your line of argument should work!
micofrost
06-13 11:10 AM
eb3 guys need to move on to a new job and get the i140 ported to eb2. Do not depend on VB luck. You have more chances of hitting the lotto jackpot rather than getting lucky for PD to move.
Lobbying by IV is a great effort but do not think anything will happen for another 4 years. No CIR until the economy comes out of recession. Neither this nor the incoming President will have the guts to pass it through. And even if the CIR becomes a possibility after 4 years, you do not know in what form it going to take shape. The way I see, they will be more anti-H1B restrictions being passed before CIR comes to the floor. I won't be surprised if they say unless you have a US degree, you can't work in US. That will screw up a whole ot of NIV guys. Ofcourse it will also help a whole ot too. But point is do what is in your hands. Always have a backup plan.
If you say its was easy for me to say this, trust me the current one is the third labor filing. First being eb3. Just quit because I didnot like the group.
Lobbying by IV is a great effort but do not think anything will happen for another 4 years. No CIR until the economy comes out of recession. Neither this nor the incoming President will have the guts to pass it through. And even if the CIR becomes a possibility after 4 years, you do not know in what form it going to take shape. The way I see, they will be more anti-H1B restrictions being passed before CIR comes to the floor. I won't be surprised if they say unless you have a US degree, you can't work in US. That will screw up a whole ot of NIV guys. Ofcourse it will also help a whole ot too. But point is do what is in your hands. Always have a backup plan.
If you say its was easy for me to say this, trust me the current one is the third labor filing. First being eb3. Just quit because I didnot like the group.
kate123
02-24 05:02 PM
I am finding it difficult understanding what author meant here...
Can some one please help me understanding the text below from (paragraph 8)
http://www.ilw.com/articles/2009,0225-endelman.shtm
USCIS does not have to define "immediate availability" strictly on the cut-off dates listed in the Visa Bulletin. Rather, both State and CIS could post estimated "qualifying dates" on their websites so that, precisely as now happens in a consular case, USCIS would now allow pre-filing of adjustment applications so that applicants could begin to assemble the necessary documentation and send in their I-485 packages so that USCIS could conduct necessary checks and get the case ready for formal submission when the priority date is reached. Only at that point would CIS formally request an immigrant visa number from the State Department. Not until then would the adjustment of status be considered "filed". The beauty of this is that Congress need not lift a finger; all that need be done is for USCIS to modify the definition of filing contained in 8 CFR Sections 103.2 (a)(7) and 245.2(a)(2). If Congress wanted to ratify what the USCIS had done, it could certainly do so after the fact. Everything that we now consider to be the adjustment of status process could take place before the I-485 is "filed". Nothing could be simpler. The reason to seek Congressional modification of INA 245(a) is not because it is only way forward but because, by enshrining such a procedural benefit in the INA itself, it will be a much more secure right, one not subject to administrative whim or unilateral repeal. This process would not only afford the Visa Office a more accurate picture of adjustment demand but it holds out the potential of drastically slashing processing times. Far from granting adjustment applicants any special or unfair advantage, the use of qualifying dates as a way to define immediate visa availability would serve to harmonize the green card process in and out of the United States. Clearly, close and constant coordination between the Visa Office and USCIS would be required and integration of this procedural innovation with the Child Status Protection Act is transparently necessary. Given the obvious and not insignificant benefits, any transitional angst is surely worth the effort.
Does it mean pre filing can be done through executive power?
Thank you.
Can some one please help me understanding the text below from (paragraph 8)
http://www.ilw.com/articles/2009,0225-endelman.shtm
USCIS does not have to define "immediate availability" strictly on the cut-off dates listed in the Visa Bulletin. Rather, both State and CIS could post estimated "qualifying dates" on their websites so that, precisely as now happens in a consular case, USCIS would now allow pre-filing of adjustment applications so that applicants could begin to assemble the necessary documentation and send in their I-485 packages so that USCIS could conduct necessary checks and get the case ready for formal submission when the priority date is reached. Only at that point would CIS formally request an immigrant visa number from the State Department. Not until then would the adjustment of status be considered "filed". The beauty of this is that Congress need not lift a finger; all that need be done is for USCIS to modify the definition of filing contained in 8 CFR Sections 103.2 (a)(7) and 245.2(a)(2). If Congress wanted to ratify what the USCIS had done, it could certainly do so after the fact. Everything that we now consider to be the adjustment of status process could take place before the I-485 is "filed". Nothing could be simpler. The reason to seek Congressional modification of INA 245(a) is not because it is only way forward but because, by enshrining such a procedural benefit in the INA itself, it will be a much more secure right, one not subject to administrative whim or unilateral repeal. This process would not only afford the Visa Office a more accurate picture of adjustment demand but it holds out the potential of drastically slashing processing times. Far from granting adjustment applicants any special or unfair advantage, the use of qualifying dates as a way to define immediate visa availability would serve to harmonize the green card process in and out of the United States. Clearly, close and constant coordination between the Visa Office and USCIS would be required and integration of this procedural innovation with the Child Status Protection Act is transparently necessary. Given the obvious and not insignificant benefits, any transitional angst is surely worth the effort.
Does it mean pre filing can be done through executive power?
Thank you.
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