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Saturday, July 2, 2011

Nissan Sentra 2011 Black

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  • unitednations
    02-04 11:01 PM
    No one here takes advantage of any group. We are talking here is what law says and how it is implemented by various agencies. The problem is there is doubt that DOS has not understood the law. No one is against ROW and loves India and China. US immigration simply based on preference catagories. For example, wife of U.S citzen will be given first preference in immigration (FB1) compare to brothers and sisters of US permanent residents (FB4or5). This is the law.

    Similar thing in employment catagories too. Before 2000, there is a verical spill over of EB visas. Becase of this, a high skilled workers from India/China has to wait more compare to low skilled workers from ROW. This practice will not put US in technological edge. Thats why AC21 law implemented.

    After 2000, congress removed country quota in all EB catagoires. The simple reason is to make US competiveness in 21st century. The intend is simple.

    The simple meaning of AC21 law is, for example, let us assume following hypothitical situation. There are 40,000 noble prize winners from Mexico. All of them applying EB1 visas in a FY. In same FY, no one from other countries applied EB1 visa. As per AC21 rule, entire 40,000 visas (100%) goes to Mexico in EB1 irrsepective of how EB2 or EB3 or FE catagories are retrogressed or howmany mexians in EB/FB are waiting. This is what congress intend to promote high skilled immigrants to USA. This is what american competivness in 21 century. The intent here is noble prize winners should not wait even if they are from oversubscribed countries like mexico.

    If you read word by word of AC21 rule ..you will understand what I am saying.

    INA 202 (a) (5) (A)
    EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter

    My intension is simple.

    Even if SKIL/CIR bill passed in near future, if DOS or USCIS does not implement the law accordingly, it will be disaster for oversubscribed countries like India and China.



    How do you come to these conclusions what congress intended. AC21's main provisions were to recapture unused visas for certain years; extend h-1b beyond six years; allow someone to change a job after 485 pending for more then six months; allow unused visas to be allocated to oversubscribed countries on a quarterly basis rather then in the fourth quarter.

    Above is what was changed. There was no lifting of country cap. If you go to the earlies visa bulletins listed; you will see that Dominican Republic at one time was retrogressed. I haven't looked at it in a long time but if someone goes to the historical visa bulletins pre ac21 then you may see significant movement in retrogressed countries in the fourth quarter of uscis fiscal year (july to september). This is what changed.

    However, the ac21 part about unused visas only stipulated if in any quarter there were less applicants then visas available then spillover can happen in that quarter. However, as can be seen in 2005 that weasn't the case and there shouldn't have been spillover.

    In another posting you mentioned that your employer doesn't care whether you are Indian or chines or pakistani or anything else. This is true they want you for your skill. However, how did you get into USA. Chinese generally go to school here and will work wherever they get a job. However, Indian nationals have designed a system to get their realitves here through h-1b. Selective recrutiing is performed to get fellow compatriates here that couldn't otherwise get here becuase they have no connections. I ask some of my clients how they get employees. They tell me they are sponsoring their classmates, their cousins, etc. for h-1b.

    Therefore, you may think it is not fair; and perhaps it is not fair but perhaps government knows that certain systems have been designed and they value diversity.

    In business definition a skilled worker is not someone with two years of experience, a bachelors or even a masters. A skilled worker is someone with substantial experience. That is 15 years and makes $200K to $300K. Employment base immigration is just an accomodation to allow a certain number of people into USA. In my mind it is just an accomodation or goodwill.

    If the EB system was designd to attract the best and brightest minds; skilled worker definition or eb2 or eb3 definition would have a much different meaning and would follow business rather then USCIS definition. It would be much different. There would be no quota. It would follow normal business practicses. That is we, can't find a us citizen or greencard holder and we need you. In real business sens it would be an offer, acceptance and you would start in a couple of months. However, it doesn't follow normal business rules/practices because maybe the powers that be look at it as just an accomodation rather then a real necessity.





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  • abalu400
    07-22 09:18 PM
    Hi,
    My wife is in F-1 status, but I�m afraid to change to F-2 right now and loose the opportunity of transfer the H1 to a new employer... unluckily finding a job has not been an easy task, since I am in Puerto Rico and here the situation is not good.
    My last paystub is June 14th, and I was wondering to apply on July 2nd, but because on delays with the medicals I got trapped in the Visa Bulletin fiasco mess.
    I've talked with several local lawyers and none of them has given me hopes beyond the F-2 status.
    Some friends recommended to file I485, but I don't want to risk for an RFE :(

    I'm trying to be strong for my family specially for my kids, the older one cries everytime he hears us talking about leaving PR.

    Good luck to you all.

    Vzlan

    VZLAN, have you explored the epossibility of a self sponsored petition? You have 10 years exp and a house/assets etc..you might be able to self-sponsor yourself based on these things. Look in google for 'self-sponsored green card'. There are people who do that and get through. You can do this in F2/F1 status too.





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  • maco
    08-09 09:28 PM
    On the same note I have a question for the Gurus.

    My name is reversed ( first name and last name interchanged) on my SSN and hence on my credit cards, employment letters etc though my name is correct on my passport , H1 , I-797 and on files AOS.. etc.

    Will this pose a problem in the name check process?

    My attorney said I should change my name with SSN after EAD/AP arrives.

    Let me know ur opinions.

    Thanks
    Murali

    you should have changed them at very first instance
    better you be in attorneys foot steps





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  • hotscud21
    02-25 11:16 AM
    I totally agree with your idea and am sure that it would be great relief for all of us. But USCIS is so lazy that they do adjudicate cases which have their priority dates as "current". It would be a miracle if they really adjudicate all cases even if the visa number is not available. I think we should also push for a system where USCIS should release the total number of cases adjudicated on a weekly/monthly basis so that the process is transparent and we can see how much work they do.

    I hope they pre-adjudicate all our cases and end our miseries.



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  • tiinap
    03-26 04:19 PM
    FYI: I have absolutely no source of information for this, it's purely just what I think, so don't trust me.

    From the way USCIS works, it could be that they just haven't given much thought to what they're going to do when a lot of people are sending in applications thru many companies. Or maybe USCIS plans to hold the "random selection" in such a way that only one application per individual gets approved.





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  • theMan
    07-17 08:47 PM
    You are "theMen" and "theWomen" as well. I have been advocating your role in obtaining relief for many of us here. Obviously some free riders and doubting thomases are still there, but once again, congratulations on a job well done.



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  • jbr
    03-07 12:33 AM
    Thanks for effort; I will contribute.





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  • newuser
    02-26 02:51 PM
    I don't think you have waited for 6 years after your PD to be able to file for EAD/AOS Benefits... the whole thing is messed up... There are people who filed during July Bulletin Fiasco and there are who could not even though their PDs are before yours. So do you ask them to SHUT UP ?

    Didn't you read what was said by realizeit in his intital post?

    �A journey of a thousand miles begins with a small step.�

    All I said was not to mix all the issues into one and sell it. We all know what happened with CIR.



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  • jayleno
    09-16 09:38 AM
    gctest--- you are more like IV Admin patience test.
    :D

    Are you shocked your thread is closed? We are equally shocked that you are still allowed to post.





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  • aeroterp
    05-22 09:13 AM
    Me too. Haven't received receipt yet.
    Guys,
    My lawyer applied for my visa an 23rd Apr under the masters cap. I haven't received The receipt yet. I am wondering if there is anyone on the similar lines. Please reply or is it only me with one such case. I know USCIS has said that they need till 2nd June to resolve the situation. My case is with the vermont center.

    I also have my OPT case pending there. It was filed in the first week of May. I have been told that it takes around 90 days for it but sometimes it also takes place early. Please advise.

    Thanks

    Sabhay



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  • ps3539
    05-11 03:33 PM
    Put suggestion on Immigration Secretary's website to move back substituted labors according to substitution dates (I-140 filing)





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  • rph20
    07-20 02:02 PM
    Can someone advice on this.
    Currently I am on H1B visa and I will apply my AOS before 17th august as dependent(Secondary applicant).
    After applying AOS if I have to leave my job then will I be out of status since I won't be on H1 status and I won't be on H4 ?
    Can I leave my job after applying AOS or I have to wait till We get receipts of 485?

    Thanks in advance.



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  • chanduv23
    11-11 01:24 PM
    I have a nine month old and I can understand your feelings. I hired a nanny through sulekha but did a lot of reference checking and tried her when my parents were around here in US and they monitored her carefully and then gave us the green signal to keep her before they left.

    So not all nannies are like that. There are good nannies too. I pay a lot of money a lot more compared to what thunderbolt quoted ONLY because we found her to be nice and caring. She gets calls from her earlier employers who say their kids want to speak with nanny and say hello.

    It is just your bad luck. Nannycams are very useful and plan to get one for myself just for my satisfaction even though we are happy with our nanny.

    Like someone suggested - daycare would be a good option and I even thought about it but a 8 month old kid may catch alleriges easily and thats why I backed off too.

    Now about legal recourse - the best thing is to get out of any kind of mess. You were aware that you must not hire a nanny illegally and now you pay the price. No problem. Just say good bye to her and be careful next time





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  • danu2007
    07-17 07:11 PM
    Thanks to IV core team and all the members who supported sending flowers, participated in the rally, sending letters to senators, media reporters, signing petitions etc.....



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  • Pallavi79
    04-11 01:22 PM
    1. they have country limit for diversification. >> us(culprit) immigration is broken.
    2. substitution labor >> desi employers(culprit) sold it.
    3. my employer did not file for GC because layoffs couple of years back. >> general public are culprit. they caused our employer to get loss.
    4.other employers filed GC for other people. >> other employers are culprit. they filed GC to retain their employers.
    5.EB2 category : if they do not exist, I would have got spillover visas.
    6.EB1 employers : employers are filing in EB1 category for the same skill set as mine
    7.EB2 employers: employers are filing in EB2 for the same skill set as mine.
    8.Dollar : Seriously. Dollar is a culprit. Last year Dollar value is less. So many foreigners are able to afford dollar and they filed for investor visa. Without that I would have got spillover visas
    9.140 portability : many people are porting 140, PD from previous employer to new employer. They are able to retain old priority dates than me.
    Any others??
    How can I get GC with all these things.

    Folks, this is for your information. not for the argument.

    just kidding. :)
    How about stopping the disscussions which divides the community.

    I can understand the frustration of long wait for GC. The fight is for immigrant and non immigrant visas. Everyone(individuals like you and me), desi employers, desi MNCs, american companies wants to play by rules. The system is not fair. thats the reality.





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  • msp1976
    02-04 09:50 PM
    No one here takes advantage of any group. We are talking here is what law says and how it is implemented by various agencies. The problem is there is doubt that DOS has not understood the law. No one is against ROW and loves India and China. US immigration simply based on preference catagories. For example, wife of U.S citzen will be given first preference in immigration (FB1) compare to brothers and sisters of US permanent residents (FB4or5). This is the law.

    Similar thing in employment catagories too. Before 2000, there is a verical spill over of EB visas. Becase of this, a high skilled workers from India/China has to wait more compare to low skilled workers from ROW. This practice will not put US in technological edge. Thats why AC21 law implemented.

    After 2000, congress removed country quota in all EB catagoires. The simple reason is to make US competiveness in 21st century. The intend is simple.

    The simple meaning of AC21 law is, for example, let us assume following hypothitical situation. There are 40,000 noble prize winners from Mexico. All of them applying EB1 visas in a FY. In same FY, no one from other countries applied EB1 visa. As per AC21 rule, entire 40,000 visas (100%) goes to Mexico in EB1 irrsepective of how EB2 or EB3 or FE catagories are retrogressed or howmany mexians in EB/FB are waiting. This is what congress intend to promote high skilled immigrants to USA. This is what american competivness in 21 century. The intent here is noble prize winners should not wait even if they are from oversubscribed countries like mexico.

    If you read word by word of AC21 rule ..you will understand what I am saying.

    INA 202 (a) (5) (A)
    EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter

    My intension is simple.

    Even if SKIL/CIR bill passed in near future, if DOS or USCIS does not implement the law accordingly, it will be disaster for oversubscribed countries like India and China.

    You see ...even in this text congress did not explicitly write that the 7% country limit does not apply to the EB immigration.They did not remove the limits as you claim...Unless and until they write that the 7% limit does not apply...all your logic remains on paper and not in practice...

    The acceptable solution to all so that all of us get something is as Alisa says...'increase the total numbers'......Then all categories become current...
    At least you would get to file 485 and spouses can work...
    Otherwise we would just keep fighting among ourselves and get no where.....

    Choices are simple...1. co operate with each other build a group, have a common minimum goal and get something ...
    2. do not cooperate with each other and get stuck in the same thing forever...


    Moderators...

    Read the last 2/3 pages including this one and you would know the reasons why you have a large non-contributing member base....



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  • new2gc
    03-06 09:29 PM
    Please let me know the mode of payment specific to this funding drive.
    $25 from my side.

    ~new2gc.





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  • Carlau
    02-02 08:36 PM
    What is the meaning of Schedule A? Do they help us? Thanks.
    Schedule A is for Registered Nurses and Physical Therapists





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  • gireep
    07-17 08:35 PM
    Thanks IV Team for your great effort.





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    PlainSpeak
    04-15 09:47 AM
    Now you are telling the real reason :)

    2 yrs wait?? Its been 4 yrs and yet to file 485

    Fortunately you are one among the minorities that oppose this proposal. I am glad that IV has this proposal as part of its agenda

    Whether i am a minority and whether i am a majority does not make any difference.

    If you want legal speak then ...
    Giving GC to STEM graduates is not the right way. If US needs to keep these educated people in US then US needs to make sure these educated people get an H1B without any issues and then they are on the path to GC like everyone else because H1B is a dual intenet visa. Jumping from a F1 visa to a GC visa is not correct as F1 visa is not a immigration intenet visa

    If you want plain speak then ...
    Why should STEM graduates have it easy when a H1B has to struggle and wait in liner to get a GC.

    I would agree to this only is the requirement is made so that only PHD and scientist who have atleats acouple of research papers published be given GC and not every Tom, Dick and harry who completes 4 years engg degree in india from a 2 bit university and whose parents have money and uses this money to pay for 2 years MS.



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